08 USC 1302. Registration of aliens
TITLE 8 -- ALIENS AND NATIONALITY
(a) It shall be the duty of every alien now or hereafter in the
United States, who (1) is fourteen years of age or older, (2) has not
been registered and fingerprinted under section 30 or 31 of the Alien
Registration Act, 1940, and (3) remains in the United States for thirty
days or longer, to apply for registration and to be fingerprinted before
the expiration of such thirty days.
(b) It shall be the duty of every parent or legal guardian of any
alien now or hereafter in the United States, who (1) is less than
fourteen years of age, (2) has not been registered under section 1201(b)
of this title or section 30 or 31 of the Alien Registration Act, 1940,
and (3) remains in the United States for thirty days or longer, to apply
for the registration of such alien before the expiration of such thirty
days. Whenever any alien attains his fourteenth birthday in the United
States he shall, within thirty days thereafter, apply in person for
registration and to be fingerprinted.
(c) The Attorney General may, in his discretion and on the basis of
reciprocity pursuant to such regulations as he may prescribe, waive the
requirement of fingerprinting specified in subsection /1/ (a) and (b) of
this section in the case of any nonimmigrant.
(June 27, 1952, ch. 477, title II, ch. 7, 262, 66 Stat. 224; Nov.
14, 1986, Pub. L. 99-653, 9, 100 Stat. 3657; Oct. 24, 1988, Pub. L.
100-525, 8(h), 102 Stat. 2617.)
The Alien Registration Act, 1940, referred to in subsecs. (a) and
(b), is act June 28, 1940, ch. 439, 54 Stat. 670, as amended.
Sections 30 and 31 of that act were classified to sections 451 and 452
of this title and were repealed by section 403(a)(39) of act June 27,
1952.
1988 -- Subsec. (c). Pub. L. 100-525 amended Pub. L. 99-653. See
1986 Amendment note below.
1986 -- Subsec. (a). Pub. L. 99-653 struck out ''section 1201(b) of
this title or'' after ''registered and fingerprinted under''.
Subsec. (c). Pub. L. 99-653, as amended by Pub. L. 100-525, added
subsec. (c).
Amendment by Pub. L. 100-525 effective as if included in the
enactment of the Immigration and Nationality Act Amendments of 1986,
Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as
an Effective and Termination Dates of 1988 Amendments note under section
1101 of this title.
Amendment by Pub. L. 99-653 applicable to applications for immigrant
visas made, and visas issued, on or after Nov. 14, 1986, see section
23(b) of Pub. L. 99-653, set out as a note under section 1201 of this
title.
Section effective 180 days after June 27, 1952, see section 407 of
act June 27, 1952, set out as a note under section 1101 of this title.
Authority of the Secretary of State and the Attorney General to waive
the requirement of fingerprinting specified in this section, in the case
of any nonimmigrant alien, see section 1201a of this title.
Definition of alien, parent, and United States, see section 1101 of
this title.
/1/ So in original. Probably should be ''subsections''.
08 USC 1303. Registration of special groups
TITLE 8 -- ALIENS AND NATIONALITY
(a) Notwithstanding the provisions of sections 1301 and 1302 of this
title, the Attorney General is authorized to prescribe special
regulations and forms for the registration and fingerprinting of (1)
alien crewmen, (2) holders of border-crossing identification cards, (3)
aliens confined in institutions within the United States, (4) aliens
under order of deportation, and (5) aliens of any other class not
lawfully admitted to the United States for permanent residence.
(b) The provisions of section 1302 of this title and of this section
shall not be applicable to any alien who is in the United States as a
nonimmigrant under section 1101(a)(15)(A) or (a)(15)(G) of this title
until the alien ceases to be entitled to such a nonimmigrant status.
(June 27, 1952, ch. 477, title II, ch. 7, 263, 66 Stat. 224.)
Definition of alien, attorney general, border crossing identification
card, crewmen, lawfully admitted for permanent residence, and
nonimmigrant alien, see section 1101 of this title.
08 USC 1304. Forms for registration and fingerprinting
TITLE 8 -- ALIENS AND NATIONALITY
(a) Preparation; contents
The Attorney General and the Secretary of State jointly are
authorized and directed to prepare forms for the registration of aliens
under section 1301 of this title, and the Attorney General is authorized
and directed to prepare forms for the registration and fingerprinting of
aliens under section 1302 of this title. Such forms shall contain
inquiries with respect to (1) the date and place of entry of the alien
into the United States; (2) activities in which he has been and intends
to be engaged; (3) the length of time he expects to remain in the
United States; (4) the police and criminal record, if any, of such
alien; and (5) such additional matters as may be prescribed.
(b) Confidential nature
All registration and fingerprint records made under the provisions of
this subchapter shall be confidential, and shall be made available only
(1) pursuant to section 1357(f)(2) of this title, and (2) to such
persons or agencies as may be designated by the Attorney General.
(c) Information under oath
Every person required to apply for the registration of himself or
another under this subchapter shall submit under oath the information
required for such registration. Any person authorized under regulations
issued by the Attorney General to register aliens under this subchapter
shall be authorized to administer oaths for such purpose.
(d) Certificate of alien registration or alien receipt card
Every alien in the United States who has been registered and
fingerprinted under the provisions of the Alien Registration Act, 1940,
or under the provisions of this chapter shall be issued a certificate of
alien registration or an alien registration receipt card in such form
and manner and at such time as shall be prescribed under regulations
issued by the Attorney General.
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry
with him and have in his personal possession any certificate of alien
registration or alien registration receipt card issued to him pursuant
to subsection (d) of this section. Any alien who fails to comply with
the provisions of this subsection shall be guilty of a misdemeanor and
shall upon conviction for each offense be fined not to exceed $100 or be
imprisoned not more than thirty days, or both.
(June 27, 1952, ch. 477, title II, ch. 7, 264, 66 Stat. 224; Nov.
14, 1986, Pub. L. 99-653, 10, 100 Stat. 3657; Oct. 24, 1988, Pub. L.
100-525, 8(i), 102 Stat. 2617; Nov. 29, 1990, Pub. L. 101-649, title
V, 503(b)(2), 104 Stat. 5049.)
The Alien Registration Act, 1940, referred to in subsec. (d), is act
June 28, 1940, ch. 439, 54 Stat. 670, as amended. Title III of that
act, which related to register and fingerprinting of aliens, was
classified to sections 451 to 460 of this title, was repealed by section
403(a)(39) of act June 27, 1952.
1990 -- Subsec. (b). Pub. L. 101-649 inserted ''(1) pursuant to
section 1357(f)(2) of this title, and (2)'' after ''only''.
1988 -- Subsec. (a). Pub. L. 100-525 amended Pub. L. 99-653. See
1986 Amendment note below.
1986 -- Subsec. (a). Pub. L. 99-653, as amended by Pub. L.
100-525, amended first sentence generally, striking out ''and
fingerprinting'' before ''of aliens under section 1301''.
Amendment by Pub. L. 100-525 effective as if included in the
enactment of the Immigration and Nationality Act Amendments of 1986,
Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as
an Effective and Termination Dates of 1988 Amendments note under section
1101 of this title.
Amendment by Pub. L. 99-653 applicable to applications for immigrant
visas made, and visas issued, on or after Nov. 14, 1986, see section
23(b) of Pub. L. 99-653, set out as a note under section 1201 of this
title.
Definition of alien, attorney general, entry, and United States, see
section 1101 of this title.
08 USC 1305. Notices of change of address
TITLE 8 -- ALIENS AND NATIONALITY
(a) Notification of change
Each alien required to be registered under this subchapter who is
within the United States shall notify the Attorney General in writing of
each change of address and new address within ten days from the date of
such change and furnish with such notice such additional information as
the Attorney General may require by regulation.
(b) Current address of natives of any one or more foreign states
The Attorney General may in his discretion, upon ten days notice,
require the natives of any one or more foreign states, or any class or
group thereof, who are within the United States and who are required to
be registered under this subchapter, to notify the Attorney General of
their current addresses and furnish such additional information as the
Attorney General may require.
(c) Notice to parent or legal guardian
In the case of an alien for whom a parent or legal guardian is
required to apply for registration, the notice required by this section
shall be given to such parent or legal guardian.
(June 27, 1952, ch. 477, title II, ch. 7, 265, 66 Stat. 225; Dec.
29, 1981, Pub. L. 97-116, 11, 95 Stat. 1617; Oct. 24, 1988, Pub. L.
100-525, 9(o), 102 Stat. 2620.)
1988 -- Pub. L. 100-525 inserted ''Notices of change of address'' as
section catchline.
1981 -- Pub. L. 97-116 amended section generally and in adding
subsection designations struck out the annual registration requirement
for permanent resident aliens and the registration requirement for those
aliens in a lawful temporary residence who were to notify the Attorney
General in writing of an address every three months while residing in
the United States and inserted provision authorizing the Attorney
General, in his discretion and upon ten days notice, to require the
natives of any one or more foreign states who are in the United States
and required to be registered under this subchapter, to notify the
Attorney General of their current addresses and furnish such additional
information as required.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Definition of alien, attorney general, parent, residence, and United
States, see section 1101 of this title.
08 USC 1306. Penalties
TITLE 8 -- ALIENS AND NATIONALITY
(a) Willful failure to register
Any alien required to apply for registration and to be fingerprinted
in the United States who willfully fails or refuses to make such
application or to be fingerprinted, and any parent or legal guardian
required to apply for the registration of any alien who willfully fails
or refuses to file application for the registration of such alien shall
be guilty of a misdemeanor and shall, upon conviction thereof, be fined
not to exceed $1,000 or be imprisoned not more than six months, or both.
(b) Failure to notify change of address
Any alien or any parent or legal guardian in the United States of any
alien who fails to give written notice to the Attorney General, as
required by section 1305 of this title, shall be guilty of a misdemeanor
and shall, upon conviction thereof, be fined not to exceed $200 or be
imprisoned not more than thirty days, or both. Irrespective of whether
an alien is convicted and punished as herein provided, any alien who
fails to give written notice to the Attorney General, as required by
section 1305 of this title, shall be taken into custody and deported in
the manner provided by Part V of this subchapter, unless such alien
establishes to the satisfaction of the Attorney General that such
failure was reasonably excusable or was not willful.
(c) Fraudulent statements
Any alien or any parent or legal guardian of any alien, who files an
application for registration containing statements known by him to be
false, or who procures or attempts to procure registration of himself or
another person through fraud, shall be guilty of a misdemeanor and
shall, upon conviction thereof, be fined not to exceed $1,000, or be
imprisoned not more than six months, or both; and any alien so
convicted shall, upon the warrant of the Attorney General, be taken into
custody and be deported in the manner provided in Part V of this
subchapter.
(d) Counterfeiting
Any person who with unlawful intent photographs, prints, or in any
other manner makes, or executes, any engraving, photograph, print, or
impression in the likeness of any certificate of alien registration or
an alien registration receipt card or any colorable imitation thereof,
except when and as authorized under such rules and regulations as may be
prescribed by the Attorney General, shall upon conviction be fined not
to exceed $5,000 or be imprisoned not more than five years, or both.
(June 27, 1952, ch. 477, title II, ch. 7, 266, 66 Stat. 225.)
Definition of alien, attorney general, and United States, see section
1101 of this title.
08 USC Part VIII -- General Penalty Provisions
TITLE 8 -- ALIENS AND NATIONALITY
08 USC 1321. Prevention of unauthorized landing of aliens
TITLE 8 -- ALIENS AND NATIONALITY
(a) Failure to report; penalties
It shall be the duty of every person, including the owners, masters,
officers, and agents of vessels, aircraft, transportation lines, or
international bridges or toll roads, other than transportation lines
which may enter into a contract as provided in section 1228 of this
title, bringing an alien to, or providing a means for an alien to come
to, the United States (including an alien crewman whose case is not
covered by section 1284(a) of this title) to prevent the landing of such
alien in the United States at a port of entry other than as designated
by the Attorney General or at any time or place other than as designated
by the immigration officers. Any such person, owner, master, officer,
or agent who fails to comply with the foregoing requirements shall be
liable to a penalty to be imposed by the Attorney General of $3,000 for
each such violation, which may, in the discretion of the Attorney
General, be remitted or mitigated by him in accordance with such
proceedings as he shall by regulation prescribe. Such penalty shall be
a lien upon the vessel or aircraft whose owner, master, officer, or
agent violates the provisions of this section, and such vessel or
aircraft may be libeled therefor in the appropriate United States court.
(b) Prima facie evidence
Proof that the alien failed to present himself at the time and place
designated by the immigration officers shall be prima facie evidence
that such alien has landed in the United States at a time or place other
than as designated by the immigration officers.
(c) Liability of owners and operators of international bridges and
toll roads
(1) Any owner or operator of a railroad line, international bridge,
or toll road who establishes to the satisfaction of the Attorney General
that the person has acted diligently and reasonably to fulfill the duty
imposed by subsection (a) of this section shall not be liable for the
penalty described in such subsection, notwithstanding the failure of the
person to prevent the unauthorized landing of any alien.
(2)(A) At the request of any person described in paragraph (1), the
Attorney General shall inspect any facility established, or any method
utilized, at a point of entry into the United States by such person for
the purpose of complying with subsection (a) of this section. The
Attorney General shall approve any such facility or method (for such
period of time as the Attorney General may prescribe) which the Attorney
General determines is satisfactory for such purpose.
(B) Proof that any person described in paragraph (1) has diligently
maintained any facility, or utilized any method, which has been approved
by the Attorney General under subparagraph (A) (within the period for
which the approval is effective) shall be prima facie evidence that such
person acted diligently and reasonably to fulfill the duty imposed by
subsection (a) of this section (within the meaning of paragraph (1) of
this subsection).
(June 27, 1952, ch. 477, title II, ch. 8, 271, 66 Stat. 226; Nov.
6, 1986, Pub. L. 99-603, title I, 114, 100 Stat. 3383; Nov. 29, 1990,
Pub. L. 101-649, title V, 543(a)(8), 104 Stat. 5058.)
1990 -- Subsec. (a). Pub. L. 101-649 substituted ''$3,000'' for
''$1,000''.
1986 -- Subsec. (c). Pub. L. 99-603 added subsec. (c).
Amendment by Pub. L. 101-649 applicable to actions taken after Nov.
29, 1990, see section 543(c) of Pub. L. 101-649, set out as a note
under section 1221 of this title.
Admiralty and maritime rules of practice (which included libel
procedures) were superseded, and civil and admiralty procedures in
United States district courts were unified, effective July 1, 1966, see
rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims,
Title 28, Appendix, Judiciary and Judicial Procedure.
Definition of alien, attorney general, crewman, entry, immigration
officer, and United States, see section 1101 of this title.
Forfeitures and seizures --
Jurisdiction, see sections 1355 and 1356 of Title 28, Judiciary and
Judicial Procedure.
Proceedings, see section 2461 of Title 28.
08 USC 1322. Bringing in aliens subject to exclusion on a
health-related ground; persons liable; clearance papers; exceptions;
''person'' defined
TITLE 8 -- ALIENS AND NATIONALITY
(a) Any person who shall bring to the United States an alien (other
than an alien crewman) who is excludable under section 1182(a)(1) of
this title shall pay to the Commissioner for each and every alien so
afflicted, the sum of $3,000 unless (1) the alien was in possession of a
valid, unexpired immigrant visa, or (2) the alien was allowed to land in
the United States, or (3) the alien was in possession of a valid
unexpired nonimmigrant visa or other document authorizing such alien to
apply for temporary admission to the United States or an unexpired
reentry permit issued to him, and (A) such application was made within
one hundred and twenty days of the date of issuance of the visa or other
document, or in the case of an alien in possession of a reentry permit,
within one hundred and twenty days of the date on which the alien was
last examined and admitted by the Service, or (B) in the event the
application was made later than one hundred and twenty days of the date
of issuance of the visa or other document or such examination and
admission, if such person establishes to the satisfaction of the
Attorney General that the existence of the excluding condition could not
have been detected by the exercise of due diligence prior to the alien's
embarkation.
(b) No vessel or aircraft shall be granted clearance papers pending
determination of the question of liability to the payment of any fine
under this section, or while the fines remain unpaid, nor shall such
fines be remitted or refunded; but clearance may be granted prior to
the determination of such question upon the deposit of a sum sufficient
to cover such fines or of a bond with sufficient surety to secure the
payment thereof, approved by the Commissioner.
(c) Nothing contained in this section shall be construed to subject
transportation companies to a fine for bringing to ports of entry in the
United States aliens who are entitled by law to exemption from the
excluding provisions of section 1182(a) of this title.
(d) As used in this section, the term ''person'' means the owner,
master, agent, commanding officer, charterer, or consignee of any vessel
or aircraft.
(June 27, 1952, ch. 477, title II, ch. 8, 272, 66 Stat. 226; Oct.
3, 1965, Pub. L. 89-236, 18, 79 Stat. 920; Nov. 29, 1990, Pub. L.
101-649, title V, 543(a)(9), title VI, 603(a)(15), 104 Stat. 5058,
5083; Dec. 12, 1991, Pub. L. 102-232, title III, 307(l)(7), 105 Stat.
1757.)
1991 -- Subsec. (a). Pub. L. 102-232 struck out comma before ''shall
pay''.
1990 -- Pub. L. 101-649, 603(a)(15)(D), substituted ''exclusion on
a health-related ground'' for ''disability or afflicted with disease''
in section catchline.
Subsec. (a). Pub. L. 101-649, 603(a)(15)(A), substituted
''excludable under section 1182(a)(1) of this title'' for ''(1) mentally
retarded, (2) insane, (3) afflicted with psychopathic personality, or
with sexual deviation, (4) a chronic alcoholic, (5) afflicted with any
dangerous contagious disease, or (6) a narcotic drug addict'' and ''the
excluding condition'' for ''such disease or disability''.
Pub. L. 101-649, 543(a)(9)(A), substituted ''Commissioner'' for
''collector of customs of the customs district in which the place of
arrival is located'' and ''$3,000'' for ''$1,000''.
Subsec. (b). Pub. L. 101-649, 603(a)(15)(B), (C), redesignated
subsec. (c) as (b) and struck out former subsec. (b) which read as
follows: ''Any person who shall bring to the United States an alien
(other than an alien crewman) afflicted with any mental defect other
than those enumerated in subsection (a) of this section, or any physical
defect of a nature which may affect his ability to earn a living, as
provided in section 1182(a)(7) of this title, shall pay to the
Commissioner for each and every alien so afflicted, the sum of $3,000,
unless (1) the alien was in possession of a valid, unexpired immigrant
visa, or (2) the alien was allowed to land in the United States, or (3)
the alien was in possession of a valid unexpired nonimmigrant visa or
other document authorizing such alien to apply for temporary admission
to the United States or an unexpired reentry permit issued to him, and
(A) such application was made within one hundred and twenty days of the
date of issuance of the visa or other document, or in the case of an
alien in possession of a reentry permit, within one hundred and twenty
days of the date on which the alien was last examined and admitted by
the Service, or (B) in the event the application was made later than one
hundred and twenty days of the date of issuance of the visa or other
document or such examination and admission, if such person establishes
to the satisfaction of the Attorney General that the existence of such
disease or disability could not have been detected by the exercise of
due diligence prior to the alien's embarkation.''
Pub. L. 101-649, 543(a)(9)(B), substituted ''Commissioner'' for
''collector of customs of the customs district in which the place of
arrival is located'' and ''$3,000'' for ''$250''.
Subsec. (c). Pub. L. 101-649, 603(a)(15)(C), redesignated subsec.
(d) as (c). Former subsec. (c) redesignated (b).
Pub. L. 101-649, 543(a)(9)(C), substituted ''Commissioner'' for
''collector of customs''.
Subsecs. (d), (e). Pub. L. 101-649, 603(a)(15)(C), redesignated
subsec. (e) as (d). Former subsec. (d) redesignated (c).
1965 -- Subsec. (a). Pub. L. 89-236 substituted ''mentally
retarded'' for ''feeble-minded'', struck out references to epileptics
and persons afflicted with tuberculosis and leprosy, and inserted
reference to persons afflicted with sexual deviation.
Section 307(l) of Pub. L. 102-232 provided that the amendment made
by that section is effective as if included in section 603(a) of the
Immigration Act of 1990, Pub. L. 101-649.
Amendment by section 543(a)(9) of Pub. L. 101-649 applicable to
actions taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101-649, set out as a note under section 1221 of this title.
Amendment by section 603(a)(15) of Pub. L. 101-649 applicable to
individuals entering United States on or after June 1, 1991, see section
601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of
this title.
Amendment by Pub. L. 89-236 effective, except as otherwise provided,
on first day of first month after expiration of thirty days following
date of enactment of Pub. L. 89-236, which was approved on Oct. 3,
1965, see section 20 of Pub. L. 89-236, set out as a note under section
1151 of this title.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Attorney General, see section 1101(a)(5) of this title.
Crewman, see section 1101(a)(10) of this title.
Entry, see section 1101(a)(13) of this title.
Immigrant visa, see section 1101(a)(16) of this title.
Nonimmigrant visa, see section 1101(a)(26) of this title.
Person, as used in subchapter I of this chapter and this subchapter,
see section 1101(b)(3) of this title.
Service, see section 1101(a)(34) of this title.
United States, see section 1101(a)(38) of this title.
Reentry permit, see section 1203 of this title.
08 USC 1323. Unlawful bringing of aliens into United States
TITLE 8 -- ALIENS AND NATIONALITY
(a) Persons liable
It shall be unlawful for any person, including any transportation
company, or the owner, master, commanding officer, agent, charterer, or
consignee of any vessel or aircraft, to bring to the United States from
any place outside thereof (other than from foreign contiguous territory)
any alien who does not have a valid passport and an unexpired visa, if a
visa was required under this chapter or regulations issued thereunder.
(b) Evidence
If it appears to the satisfaction of the Attorney General that any
alien has been so brought, such person, or transportation company, or
the master, commanding officer, agent, owner, charterer, or consignee of
any such vessel or aircraft, shall pay to the Commissioner the sum of
$3,000 for each alien so brought and, except in the case of any such
alien who is admitted, or permitted to land temporarily, in addition, a
sum equal to that paid by such alien for his transportation from the
initial point of departure, indicated in his ticket, to the port of
arrival, such latter sum to be delivered by the collector of customs to
the alien on whose account the assessment is made. No vessel or
aircraft shall be granted clearance pending the determination of the
liability to the payment of such sums or while such sums remain unpaid,
except that clearance may be granted prior to the determination of such
question upon the deposit of an amount sufficient to cover such sums, or
of a bond with sufficient surety to secure the payment thereof approved
by the Commissioner.
(c) Remission or refund
Such sums shall not be remitted or refunded, unless it appears to the
satisfaction of the Attorney General that such person, and the owner,
master, commanding officer, agent, charterer, and consignee of the
vessel or aircraft, prior to the departure of the vessel or aircraft
from the last port outside the United States, did not know, and could
not have ascertained by the exercise of reasonable diligence, that the
individual transported was an alien and that a valid passport or visa
was required.
(d) Alien stowaways
The owner, charterer, agent, consignee, commanding officer, or master
of any vessel or aircraft arriving at the United States from any place
outside thereof who fails to detain on board or at such other place as
may be designated by an immigration officer any alien stowaway until
such stowaway has been inspected by an immigration officer, or who fails
to detain such stowaway on board or at such other designated place after
inspection if ordered to do so by an immigration officer, or who fails
to deport such stowaway on the vessel or aircraft on which he arrived or
on another vessel or aircraft at the expense of the vessel or aircraft
on which he arrived when required to do so by an immigration officer,
shall pay to the Commissioner the sum of $3,000 for each alien stowaway,
in respect of whom any such failure occurs. Pending final determination
of liability for such fine, no such vessel or aircraft shall be granted
clearance, except that clearance may be granted upon the deposit of a
sum sufficient to cover such fine, or of a bond with sufficient surety
to secure the payment thereof approved by the Commissioner. The
provisions of section 1225 of this title for detention of aliens for
examination before special inquiry officers and the right of appeal
provided for in section 1226 of this title shall not apply to aliens who
arrive as stowaways and no such alien shall be permitted to land in the
United States, except temporarily for medical treatment, or pursuant to
such regulations as the Attorney General may prescribe for the ultimate
departure or removal or deportation of such alien from the United
States.
(June 27, 1952, ch. 477, title II, ch. 8, 273, 66 Stat. 227; Nov.
29, 1990, Pub. L. 101-649, title II, 201(b), title V, 543(a)(10), 104
Stat. 5014, 5058; Dec. 12, 1991, Pub. L. 102-232, title III,
306(c)(4)(D), 105 Stat. 1752.)
1991 -- Subsec. (b). Pub. L. 102-232 substituted ''Commissioner''
for ''collector of customs'' before period at end of second sentence.
1990 -- Subsec. (a). Pub. L. 101-649, 201(b)(1), inserted ''a valid
passport and'' before ''an unexpired visa''.
Subsec. (b). Pub. L. 101-649, 543(a)(10)(A), substituted
''Commissioner the sum of $3,000'' for ''collector of customs of the
customs district in which the port of arrival is located the sum of
$1,000''.
Subsec. (c). Pub. L. 101-649, 201(b)(2), inserted ''valid passport
or'' before ''visa was required''.
Subsec. (d). Pub. L. 101-649, 543(a)(10)(B), substituted
''Commissioner the sum of $3,000'' for ''collector of customs of the
customs district in which the port of arrival is located the sum of
$1,000'' in first sentence and ''Commissioner'' for ''collector of
customs'' in second sentence.
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this
title.
Amendment by section 543(a)(10) of Pub. L. 101-649 applicable to
actions taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101-649, set out as a note under section 1221 of this title.
Definition of alien, attorney general, immigration officer, and
United States, see section 1101 of this title.
Funds collected to be held in trust, see section 1321 of Title 31,
Money and Finance.
Revocation of visas or documents, notice prior to alien's embarkation
as prerequisite to imposition of penalty, see section 1201 of this
title.
Stowaways on vessels and aircraft, penalties generally, see section
2199 of Title 18, Crimes and Criminal Procedure.
08 USC 1324. Bringing in and harboring certain aliens
TITLE 8 -- ALIENS AND NATIONALITY
(a) Criminal penalties
(1) Any person who --
(A) knowing that a person is an alien, brings to or attempts to bring
to the United States in any manner whatsoever such person at a place
other than a designated port of entry or place other than as designated
by the Commissioner, regardless of whether such alien has received prior
official authorization to come to, enter, or reside in the United States
and regardless of any future official action which may be taken with
respect to such alien;
(B) knowing or in reckless disregard of the fact that an alien has
come to, entered, or remains in the United States in violation of law,
transports, or moves or attempts to transport or move such alien within
the United States by means of transportation or otherwise, in
furtherance of such violation of law;
(C) knowing or in reckless disregard of the fact that an alien has
come to, entered, or remains in the United States in violation of law,
conceals, harbors, or shields from detection, or attempts to conceal,
harbor, or shield from detection, such alien in any place, including any
building or any means of transportation; or
(D) encourages or induces an alien to come to, enter, or reside in
the United States, knowing or in reckless disregard of the fact that
such coming to, entry, or residence is or will be in violation of law,
shall be fined in accordance with title 18 or imprisoned not more
than five years, or both, for each alien in respect to whom any
violation of this paragraph occurs.
(2) Any person who, knowing or in reckless disregard of the fact that
an alien has not received prior official authorization to come to,
enter, or reside in the United States, brings to or attempts to bring to
the United States in any manner whatsoever, such alien, regardless of
any official action which may later be taken with respect to such alien
shall, for each transaction constituting a violation of this paragraph,
regardless of the number of aliens involved --
(A) be fined in accordance with title 18 or imprisoned not more than
one year, or both; or
(B) in the case of --
(i) a second or subsequent offense,
(ii) an offense done for the purpose of commercial advantage or
private financial gain, or
(iii) an offense in which the alien is not upon arrival immediately
brought and presented to an appropriate immigration officer at a
designated port of entry,
be fined in accordance with title 18 or imprisoned not more than five
years, or both.
(b) Seizure and forfeiture of conveyances; exceptions; officers and
authorized persons; disposition of forfeited conveyances; suits and
actions
(1) Any conveyance, including any vessel, vehicle, or aircraft, which
has been or is being used in the commission of a violation of subsection
(a) of this section shall be seized and subject to forfeiture, except
that --
(A) no conveyance used by any person as a common carrier in the
transaction of business as a common carrier shall be forfeited under the
provisions of this section unless it shall appear that the owner or
other person in charge of such conveyance was a consenting party or
privy to the illegal act; and
(B) no conveyance shall be forfeited under the provisions of this
section by reason of any act or omission established by the owner
thereof to have been committed or omitted by any person other than such
owner while such conveyance was unlawfully in the possession of a person
other than the owner in violation of the criminal laws of the United
States or of any State.
(2) Any conveyance subject to seizure under this section may be
seized without warrant if there is probable cause to believe the
conveyance has been or is being used in a violation of subsection (a) of
this section and circumstances exist where a warrant is not
constitutionally required.
(3) All provisions of law relating to the seizure, summary and
judicial forfeiture, and condemnation of property for the violation of
the customs laws; the disposition of such property or the proceeds from
the sale thereof; the remission or mitigation of such forfeitures; and
the compromise of claims and the award of compensation to informers in
respect of such forfeitures shall apply to seizures and forfeitures
incurred, or alleged to have been incurred, under the provisions of this
section, insofar as applicable and not inconsistent with the provisions
hereof, except that duties imposed on customs officers or other persons
regarding the seizure and forfeiture of property under the customs laws
shall be performed with respect to seizures and forfeitures carried out
under the provisions of this section by such officers or persons
authorized for that purpose by the Attorney General.
(4) Whenever a conveyance is forfeited under this section the
Attorney General may --
(A) retain the conveyance for official use;
(B) sell the conveyance, in which case the proceeds from any such
sale shall be used to pay all proper expenses of the proceedings for
forfeiture and sale including expenses of seizure, maintenance of
custody, advertising, and court costs;
(C) require that the General Services Administration, or the Maritime
Administration if appropriate under section 484(i) of title 40 take
custody of the conveyance and remove it for disposition in accordance
with law; or
(D) dispose of the conveyance in accordance with the terms and
conditions of any petition of remission or mitigation of forfeiture
granted by the Attorney General.
(5) In all suits or actions brought for the forfeiture of any
conveyance seized under this section, where the conveyance is claimed by
any person, the burden of proof shall lie upon such claimant, except
that probable cause shall be first shown for the institution of such
suit or action. In determining whether probable cause exists, any of
the following shall be prima facie evidence that an alien involved in
the alleged violation had not received prior official authorization to
come to, enter, or reside in the United States or that such alien had
come to, entered, or remained in the United States in violation of law:
(A) Records of any judicial or administrative proceeding in which
that alien's status was an issue and in which it was determined that the
alien had not received prior official authorization to come to, enter,
or reside in the United States or that such alien had come to, entered,
or remained in the United States in violation of law.
(B) Official records of the Service or of the Department of State
showing that the alien had not received prior official authorization to
come to, enter, or reside in the United States or that such alien had
come to, entered, or remained in the United States in violation of law.
(C) Testimony, by an immigration officer having personal knowledge of
the facts concerning that alien's status, that the alien had not
received prior official authorization to come to, enter, or reside in
the United States or that such alien had come to, entered, or remained
in the United States in violation of law.
(c) Authority to arrest
No officer or person shall have authority to make any arrests for a
violation of any provision of this section except officers and employees
of the Service designated by the Attorney General, either individually
or as a member of a class, and all other officers whose duty it is to
enforce criminal laws.
(June 27, 1952, ch. 477, title II, ch. 8, 274, 66 Stat. 228; Nov.
2, 1978, Pub. L. 95-582, 2, 92 Stat. 2479; Dec. 29, 1981, Pub. L.
97-116, 12, 95 Stat. 1617; Nov. 6, 1986, Pub. L. 99-603, title I,
112, 100 Stat. 3381; Oct. 24, 1988, Pub. L. 100-525, 2(d), 102 Stat.
2610.)
1988 -- Subsec. (a)(1). Pub. L. 100-525, 2(d)(1), in closing
provisions substituted ''or imprisoned'' for ''imprisoned'' and ''this
paragraph'' for ''this subsection''.
Subsec. (b)(4)(C), (5). Pub. L. 100-525, 2(d)(2), amended Pub. L.
99-603, 112(b)(5), (8). See 1986 Amendment note below.
1986 -- Subsec. (a). Pub. L. 99-603, 112(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''Any
person, including the owner, operator, pilot, master, commanding
officer, agent, or consignee of any means of transportation who --
''(1) brings into or lands in the United States, by any means of
transportation or otherwise, or attempts, by himself or through another,
to bring into or land in the United States, by any means of
transportation or otherwise;
''(2) knowing that he is in the United States in violation of law,
and knowing or having reasonable grounds to believe that his last entry
into the United States occurred less than three years prior thereto,
transports, or moves, or attempts to transport or move, within the
United States by means of transportation or otherwise, in furtherance of
such violation of law;
''(3) willfully or knowingly conceals, harbors, or shields from
detection, or attempts to conceal, harbor, or shield from detection, in
any place, including any building or any means of transportation; or
''(4) willfully or knowingly encourages or induces, or attempts to
encourage or induce, either directly or indirectly, the entry into the
United States of --
any alien, including an alien crewman, not duly admitted by an
immigration officer or not lawfully entitled to enter or reside within
the United States under the terms of this chapter or any other law
relating to the immigration or expulsion of aliens, shall be guilty of a
felony, and upon conviction thereof shall be punished by a fine not
exceeding $2,000 or by imprisonment for a term not exceeding five years,
or both, for each alien in respect to whom any violation of this
subsection occurs: Provided, however, That for the purposes of this
section, employment (including the usual and normal practices incident
to employment) shall not be deemed to constitute harboring.''
Subsec. (b)(1). Pub. L. 99-603, 112(b)(1), (2), substituted ''has
been or is being used'' for ''is used'' and ''seized and subject to''
for ''subject to seizure and'' in provisions preceding subpar. (A).
Subsec. (b)(2). Pub. L. 99-603, 112(b)(3), inserted ''or is being''
after ''has been''.
Subsec. (b)(3). Pub. L. 99-603, 112(b)(4), substituted ''property''
for ''conveyances''.
Subsec. (b)(4)(C). Pub. L. 99-603, 112(b)(5), as amended by Pub. L.
100-525, 2(d)(2)(A), inserted '', or the Maritime Administration if
appropriate under section 484(i) of title 40,''.
Subsec. (b)(4)(D). Pub. L. 99-603, 112(b)(6), added subpar. (D).
Subsec. (b)(5). Pub. L. 99-603, 112(b)(7)-(9), as amended by Pub.
L. 100-525, 2(d)(2)(B), substituted '', except that'' for '':
Provided, That'' in provisions preceding subpar. (A), substituted ''had
not received prior official authorization to come to, enter, or reside
in the United States or that such alien had come to, entered, or
remained in the United States in violation of law'' for ''was not
lawfully entitled to enter, or reside within, the United States''
wherever appearing, inserted ''or of the Department of State'' in
subpar. (B), and substituted ''had not received prior official
authorization to come to, enter, or reside in the United States or that
such alien had come to, entered, or remained in the United States in
violation of law'' for ''was not entitled to enter, or reside within,
the United States'' in subpar. (C).
1981 -- Subsec. (b). Pub. L. 97-116 strengthened the seizure and
forfeiture authority by striking out the ''innocent owner'' exemption
and merely requiring the Government to show probable cause that the
conveyance seized has been used to illegally transport aliens, which
when demonstrated, shifts the burden of proof to the owner or claimant
to show by a preponderance of the evidence that the conveyance was not
illegally used, by relieving the Government of the obligation to pay any
administrative and incidental costs incurred by a successful claimant
provided probable cause for the original seizure was demonstrated, and
by striking out the requirement that the Government satisfy any valid
lien or third party interest in the conveyance without expense to the
interest holder by providing the lienholders interest be satisfied only
after costs associated with the seizure have been deducted.
1978 -- Subsecs. (b), (c). Pub. L. 95-582 added subsec. (b) and
redesignated former subsec. (b) as (c).
Amendment by Pub. L. 100-525 effective as if included in enactment
of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see
section 2(s) of Pub. L. 100-525, set out as a note under section 1101
of this title.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Attorney General, see section 1101(a)(5) of this title.
Crewman, see section 1101(a)(10) of this title.
Entry, see section 1101(a)(13) of this title.
Immigration officer, see section 1101(a)(18) of this title.
Residence, see section 1101(a)(33) of this title.
Service, see section 1101(a)(34) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1324a. Unlawful employment of aliens
TITLE 8 -- ALIENS AND NATIONALITY
(a) Making employment of unauthorized aliens unlawful
(1) In general
It is unlawful for a person or other entity --
(A) to hire, or to recruit or refer for a fee, for employment in the
United States an alien knowing the alien is an unauthorized alien (as
defined in subsection (h)(3) of this section) with respect to such
employment, or
(B)(i) to hire for employment in the United States an individual
without complying with the requirements of subsection (b) of this
section or (ii) if the person or entity is an agricultural association,
agricultural employer, or farm labor contractor (as defined in section
1802 of title 29), to hire, or to recruit or refer for a fee, for
employment in the United States an individual without complying with the
requirements of subsection (b) of this section.
(2) Continuing employment
It is unlawful for a person or other entity, after hiring an alien
for employment in accordance with paragraph (1), to continue to employ
the alien in the United States knowing the alien is (or has become) an
unauthorized alien with respect to such employment.
(3) Defense
A person or entity that establishes that it has complied in good
faith with the requirements of subsection (b) of this section with
respect to the hiring, recruiting, or referral for employment of an
alien in the United States has established an affirmative defense that
the person or entity has not violated paragraph (1)(A) with respect to
such hiring, recruiting, or referral.
(4) Use of labor through contract
For purposes of this section, a person or other entity who uses a
contract, subcontract, or exchange, entered into, renegotiated, or
extended after November 6, 1986, to obtain the labor of an alien in the
United States knowing that the alien is an unauthorized alien (as
defined in subsection (h)(3) of this section) with respect to performing
such labor, shall be considered to have hired the alien for employment
in the United States in violation of paragraph (1)(A).
(5) Use of State employment agency documentation
For purposes of paragraphs (1)(B) and (3), a person or entity shall
be deemed to have complied with the requirements of subsection (b) of
this section with respect to the hiring of an individual who was
referred for such employment by a State employment agency (as defined by
the Attorney General), if the person or entity has and retains (for the
period and in the manner described in subsection (b)(3) of this section)
appropriate documentation of such referral by that agency, which
documentation certifies that the agency has complied with the procedures
specified in subsection (b) of this section with respect to the
individual's referral.
(b) Employment verification system
The requirements referred to in paragraphs (1)(B) and (3) of
subsection (a) of this section are, in the case of a person or other
entity hiring, recruiting, or referring an individual for employment in
the United States, the requirements specified in the following three
paragraphs:
(1) Attestation after examination of documentation
(A) In general
The person or entity must attest, under penalty of perjury and on a
form designated or established by the Attorney General by regulation,
that it has verified that the individual is not an unauthorized alien by
examining --
(i) a document described in subparagraph (B), or
(ii) a document described in subparagraph (C) and a document
described in subparagraph (D).
A person or entity has complied with the requirement of this
paragraph with respect to examination of a document if the document
reasonably appears on its face to be genuine. If an individual provides
a document or combination of documents that reasonably appears on its
face to be genuine and that is sufficient to meet the requirements of
the first sentence of this paragraph, nothing in this paragraph shall be
construed as requiring the person or entity to solicit the production of
any other document or as requiring the individual to produce such
another document.
(B) Documents establishing both employment authorization and identity
A document described in this subparagraph is an individual's --
(i) United States passport;
(ii) certificate of United States citizenship;
(iii) certificate of naturalization;
(iv) unexpired foreign passport, if the passport has an appropriate,
unexpired endorsement of the Attorney General authorizing the
individual's employment in the United States; or
(v) resident alien card or other alien registration card, if the card
--
(I) contains a photograph of the individual or such other personal
identifying information relating to the individual as the Attorney
General finds, by regulation, sufficient for purposes of this
subsection, and
(II) is evidence of authorization of employment in the United States.
(C) Documents evidencing employment authorization
A document described in this subparagraph is an individual's --
(i) social security account number card (other than such a card which
specifies on the face that the issuance of the card does not authorize
employment in the United States);
(ii) certificate of birth in the United States or establishing United
States nationality at birth, which certificate the Attorney General
finds, by regulation, to be acceptable for purposes of this section; or
(iii) other documentation evidencing authorization of employment in
the United States which the Attorney General finds, by regulation, to be
acceptable for purposes of this section.
(D) Documents establishing identity of individual
A document described in this subparagraph is an individual's --
(i) driver's license or similar document issued for the purpose of
identification by a State, if it contains a photograph of the individual
or such other personal identifying information relating to the
individual as the Attorney General finds, by regulation, sufficient for
purposes of this section; or
(ii) in the case of individuals under 16 years of age or in a State
which does not provide for issuance of an identification document (other
than a driver's license) referred to in clause (i), documentation of
personal identity of such other type as the Attorney General finds, by
regulation, provides a reliable means of identification.
(2) Individual attestation of employment authorization
The individual must attest, under penalty of perjury on the form
designated or established for purposes of paragraph (1), that the
individual is a citizen or national of the United States, an alien
lawfully admitted for permanent residence, or an alien who is authorized
under this chapter or by the Attorney General to be hired, recruited, or
referred for such employment.
(3) Retention of verification form
After completion of such form in accordance with paragraphs (1) and
(2), the person or entity must retain the form and make it available for
inspection by officers of the Service /1/ the Special Counsel for
Immigration-Related Unfair Employment Practices, or the Department of
Labor during a period beginning on the date of the hiring, recruiting,
or referral of the individual and ending --
(A) in the case of the recruiting or referral for a fee (without
hiring) of an individual, three years after the date of the recruiting
or referral, and
(B) in the case of the hiring of an individual --
(i) three years after the date of such hiring, or
(ii) one year after the date the individual's employment is
terminated,
whichever is later.
(4) Copying of documentation permitted
Notwithstanding any other provision of law, the person or entity may
copy a document presented by an individual pursuant to this subsection
and may retain the copy, but only (except as otherwise permitted under
law) for the purpose of complying with the requirements of this
subsection.
(5) Limitation on use of attestation form
A form designated or established by the Attorney General under this
subsection and any information contained in or appended to such form,
may not be used for purposes other than for enforcement of this chapter
and sections 1001, 1028, 1546, and 1621 of title 18.
(c) No authorization of national identification cards
Nothing in this section shall be construed to authorize, directly or
indirectly, the issuance or use of national identification cards or the
establishment of a national identification card.
(d) Evaluation and changes in employment verification system
(1) Presidential monitoring and improvements in system
(A) Monitoring
The President shall provide for the monitoring and evaluation of the
degree to which the employment verification system established under
subsection (b) of this section provides a secure system to determine
employment eligibility in the United States and shall examine the
suitability of existing Federal and State identification systems for use
for this purpose.
(B) Improvements to establish secure system
To the extent that the system established under subsection (b) of
this section is found not to be a secure system to determine employment
eligibility in the United States, the President shall, subject to
paragraph (3) and taking into account the results of any demonstration
projects conducted under paragraph (4), implement such changes in
(including additions to) the requirements of subsection (b) of this
section as may be necessary to establish a secure system to determine
employment eligibility in the United States. Such changes in the system
may be implemented only if the changes conform to the requirements of
paragraph (2).
(2) Restrictions on changes in system
Any change the President proposes to implement under paragraph (1) in
the verification system must be designed in a manner so the verification
system, as so changed, meets the following requirements:
(A) Reliable determination of identity
The system must be capable of reliably determining whether --
(i) a person with the identity claimed by an employee or prospective
employee is eligible to work, and
(ii) the employee or prospective employee is claiming the identity of
another individual.
(B) Using of counterfeit-resistant documents
If the system requires that a document be presented to or examined by
an employer, the document must be in a form which is resistant to
counterfeiting and tampering.
(C) Limited use of system
Any personal information utilized by the system may not be made
available to Government agencies, employers, and other persons except to
the extent necessary to verify that an individual is not an unauthorized
alien.
(D) Privacy of information
The system must protect the privacy and security of personal
information and identifiers utilized in the system.
(E) Limited denial of verification
A verification that an employee or prospective employee is eligible
to be employed in the United States may not be withheld or revoked under
the system for any reason other than that the employee or prospective
employee is an unauthorized alien.
(F) Limited use for law enforcement purposes
The system may not be used for law enforcement purposes, other than
for enforcement of this chapter or sections 1001, 1028, 1546, and 1621
of title 18.
(G) Restriction on use of new documents
If the system requires individuals to present a new card or other
document (designed specifically for use for this purpose) at the time of
hiring, recruitment, or referral, then such document may not be required
to be presented for any purpose other than under this chapter (or
enforcement of sections 1001, 1028, 1546, and 1621 of title 18) nor to
be carried on one's person.
(3) Notice to Congress before implementing changes
(A) In general
The President may not implement any change under paragraph (1) unless
at least --
(i) 60 days,
(ii) one year, in the case of a major change described in
subparagraph (D)(iii), or
(iii) two years, in the case of a major change described in clause
(i) or (ii) of subparagraph (D),
before the date of implementation of the change, the President has
prepared and transmitted to the Committee on the Judiciary of the House
of Representatives and to the Committee on the Judiciary of the Senate a
written report setting forth the proposed change. If the President
proposes to make any change regarding social security account number
cards, the President shall transmit to the Committee on Ways and Means
of the House of Representatives and to the Committee on Finance of the
Senate a written report setting forth the proposed change. The
President promptly shall cause to have printed in the Federal Register
the substance of any major change (described in subparagraph (D))
proposed and reported to Congress.
(B) Contents of report
In any report under subparagraph (A) the President shall include
recommendations for the establishment of civil and criminal sanctions
for unauthorized use or disclosure of the information or identifiers
contained in such system.
(C) Congressional review of major changes
(i) Hearings and review
The Committees on the Judiciary of the House of Representatives and
of the Senate shall cause to have printed in the Congressional Record
the substance of any major change described in subparagraph (D), shall
hold hearings respecting the feasibility and desirability of
implementing such a change, and, within the two year period before
implementation, shall report to their respective Houses findings on
whether or not such a change should be implemented.
(ii) Congressional action
No major change may be implemented unless the Congress specifically
provides, in an appropriations or other Act, for funds for
implementation of the change.
(D) Major changes defined
As used in this paragraph, the term ''major change'' means a change
which would --
(i) require an individual to present a new card or other document
(designed specifically for use for this purpose) at the time of hiring,
recruitment, or referral,
(ii) provide for a telephone verification system under which an
employer, recruiter, or referrer must transmit to a Federal official
information concerning the immigration status of prospective employees
and the official transmits to the person, and the person must record, a
verification code, or
(iii) require any change in any card used for accounting purposes
under the Social Security Act (42 U.S.C. 301 et seq.), including any
change requiring that the only social security account number cards
which may be presented in order to comply with subsection (b)(1)(C)(i)
of this section are such cards as are in a counterfeit-resistant form
consistent with the second sentence of section 205(c)(2)(D) of the
Social Security Act (42 U.S.C. 405(c)(2)(D)).
(E) General revenue funding of social security card changes
Any costs incurred in developing and implementing any change
described in subparagraph (D)(iii) for purposes of this subsection shall
not be paid for out of any trust fund established under the Social
Security Act (42 U.S.C. 301 et seq.).
(4) Demonstration projects
(A) Authority
The President may undertake demonstration projects (consistent with
paragraph (2)) of different changes in the requirements of subsection
(b) of this section. No such project may extend over a period of longer
than three years.
(B) Reports on projects
The President shall report to the Congress on the results of
demonstration projects conducted under this paragraph.
(e) Compliance
(1) Complaints and investigations
The Attorney General shall establish procedures --
(A) for individuals and entities to file written, signed complaints
respecting potential violations of subsection (a) or (g)(1) of this
section,
(B) for the investigation of those complaints which, on their face,
have a substantial probability of validity,
(C) for the investigation of such other violations of subsection (a)
or (g)(1) of this section as the Attorney General determines to be
appropriate, and
(D) for the designation in the Service of a unit which has, as its
primary duty, the prosecution of cases of violations of subsection (a)
or (g)(1) of this section under this subsection.
(2) Authority in investigations
In conducting investigations and hearings under this subsection --
(A) immigration officers and administrative law judges shall have
reasonable access to examine evidence of any person or entity being
investigated, and
(B) administrative law judges, may, if necessary, compel by subpoena
the attendance of witnesses and the production of evidence at any
designated place or hearing.
In case of contumacy or refusal to obey a subpoena lawfully issued
under this paragraph and upon application of the Attorney General, an
appropriate district court of the United States may issue an order
requiring compliance with such subpoena and any failure to obey such
order may be punished by such court as a contempt thereof.
(3) Hearing
(A) In general
Before imposing an order described in paragraph (4), (5), or (6)
against a person or entity under this subsection for a violation of
subsection (a) or (g)(1) of this section, the Attorney General shall
provide the person or entity with notice and, upon request made within a
reasonable time (of not less than 30 days, as established by the
Attorney General) of the date of the notice, a hearing respecting the
violation.
(B) Conduct of hearing
Any hearing so requested shall be conducted before an administrative
law judge. The hearing shall be conducted in accordance with the
requirements of section 554 of title 5. The hearing shall be held at
the nearest practicable place to the place where the person or entity
resides or of the place where the alleged violation occurred. If no
hearing is so requested, the Attorney General's imposition of the order
shall constitute a final and unappealable order.
(C) Issuance of orders
If the administrative law judge determines, upon the preponderance of
the evidence received, that a person or entity named in the complaint
has violated subsection (a) or (g)(1) of this section, the
administrative law judge shall state his findings of fact and issue and
cause to be served on such person or entity an order described in
paragraph (4), (5), or (6).
(4) Cease and desist order with civil money penalty for hiring,
recruiting, and referral violations
With respect to a violation of subsection (a)(1)(A) or (a)(2) of this
section, the order under this subsection --
(A) shall require the person or entity to cease and desist from such
violations and to pay a civil penalty in an amount of --
(i) not less than $250 and not more than $2,000 for each unauthorized
alien with respect to whom a violation of either such subsection
occurred,
(ii) not less than $2,000 and not more than $5,000 for each such
alien in the case of a person or entity previously subject to one order
under this paragraph, or
(iii) not less than $3,000 and not more than $10,000 for each such
alien in the case of a person or entity previously subject to more than
one order under this paragraph; and
(B) may require the person or entity --
(i) to comply with the requirements of subsection (b) of this section
(or subsection (d) of this section if applicable) with respect to
individuals hired (or recruited or referred for employment for a fee)
during a period of up to three years, and
(ii) to take such other remedial action as is appropriate.
In applying this subsection in the case of a person or entity
composed of distinct, physically separate subdivisions each of which
provides separately for the hiring, recruiting, or referring for
employment, without reference to the practices of, and not under the
control of or common control with, another subdivision, each such
subdivision shall be considered a separate person or entity.
(5) Order for civil money penalty for paperwork violations
With respect to a violation of subsection (a)(1)(B) of this section,
the order under this subsection shall require the person or entity to
pay a civil penalty in an amount of not less than $100 and not more than
$1,000 for each individual with respect to whom such violation occurred.
In determining the amount of the penalty, due consideration shall be
given to the size of the business of the employer being charged, the
good faith of the employer, the seriousness of the violation, whether or
not the individual was an unauthorized alien, and the history of
previous violations.
(6) Order for prohibited indemnity bonds
With respect to a violation of subsection (g)(1) of this section, the
order under this subsection may provide for the remedy described in
subsection (g)(2) of this section.
(7) Administrative appellate review
The decision and order of an administrative law judge shall become
the final agency decision and order of the Attorney General unless,
within 30 days, the Attorney General modifies or vacates the decision
and order, in which case the decision and order of the Attorney General
shall become a final order under this subsection. The Attorney General
may not delegate the Attorney General's authority under this paragraph
to any entity which has review authority over immigration-related
matters.
(8) Judicial review
A person or entity adversely affected by a final order respecting an
assessment may, within 45 days after the date the final order is issued,
file a petition in the Court of Appeals for the appropriate circuit for
review of the order.
(9) Enforcement of orders
If a person or entity fails to comply with a final order issued under
this subsection against the person or entity, the Attorney General shall
file a suit to seek compliance with the order in any appropriate
district court of the United States. In any such suit, the validity and
appropriateness of the final order shall not be subject to review.
(f) Criminal penalties and injunctions for pattern or practice
violations
(1) Criminal penalty
Any person or entity which engages in a pattern or practice of
violations of subsection (a)(1)(A) or (a)(2) of this section shall be
fined not more than $3,000 for each unauthorized alien with respect to
whom such a violation occurs, imprisoned for not more than six months
for the entire pattern or practice, or both, notwithstanding the
provisions of any other Federal law relating to fine levels.
(2) Enjoining of pattern or practice violations
Whenever the Attorney General has reasonable cause to believe that a
person or entity is engaged in a pattern or practice of employment,
recruitment, or referral in violation of paragraph (1)(A) or (2) of
subsection (a) of this section, the Attorney General may bring a civil
action in the appropriate district court of the United States requesting
such relief, including a permanent or temporary injunction, restraining
order, or other order against the person or entity, as the Attorney
General deems necessary.
(g) Prohibition of indemnity bonds
(1) Prohibition
It is unlawful for a person or other entity, in the hiring,
recruiting, or referring for employment of any individual, to require
the individual to post a bond or security, to pay or agree to pay an
amount, or otherwise to provide a financial guarantee or indemnity,
against any potential liability arising under this section relating to
such hiring, recruiting, or referring of the individual.
(2) Civil penalty
Any person or entity which is determined, after notice and
opportunity for an administrative hearing under subsection (e) of this
section, to have violated paragraph (1) shall be subject to a civil
penalty of $1,000 for each violation and to an administrative order
requiring the return of any amounts received in violation of such
paragraph to the employee or, if the employee cannot be located, to the
general fund of the Treasury.
(h) Miscellaneous provisions
(1) Documentation
In providing documentation or endorsement of authorization of aliens
(other than aliens lawfully admitted for permanent residence) authorized
to be employed in the United States, the Attorney General shall provide
that any limitations with respect to the period or type of employment or
employer shall be conspicuously stated on the documentation or
endorsement.
(2) Preemption
The provisions of this section preempt any State or local law
imposing civil or criminal sanctions (other than through licensing and
similar laws) upon those who employ, or recruit or refer for a fee for
employment, unauthorized aliens.
(3) Definition of unauthorized alien
As used in this section, the term ''unauthorized alien'' means, with
respect to the employment of an alien at a particular time, that the
alien is not at that time either (A) an alien lawfully admitted for
permanent residence, or (B) authorized to be so employed by this chapter
or by the Attorney General.
(i) Effective dates
(1) 6-month public information period
During the six-month period beginning on the first day of the first
month after November 6, 1986 --
(A) the Attorney General, in cooperation with the Secretaries of
Agriculture, Commerce, Health and Human Services, Labor, and the
Treasury and the Administrator of the Small Business Administration,
shall disseminate forms and information to employers, employment
agencies, and organizations representing employees and provide for
public education respecting the requirements of this section, and
(B) the Attorney General shall not conduct any proceeding, nor issue
any order, under this section on the basis of any violation alleged to
have occurred during the period.
(2) 12-month first citation period
In the case of a person or entity, in the first instance in which the
Attorney General has reason to believe that the person or entity may
have violated subsection (a) of this section during the subsequent
12-month period, the Attorney General shall provide a citation to the
person or entity indicating that such a violation or violations may have
occurred and shall not conduct any proceeding, nor issue any order,
under this section on the basis of such alleged violation or violations.
(3) Deferral of enforcement with respect to seasonal agricultural
services
(A) In general
Except as provided in subparagraph (B), before the end of the
application period (as defined in subparagraph (C)(i)), the Attorney
General shall not conduct any proceeding, nor impose any penalty, under
this section on the basis of any violation alleged to have occurred with
respect to employment of an individual in seasonal agricultural
services.
(B) Prohibition of recruitment outside the United States
(i) In general
During the application period, it is unlawful for a person or entity
(including a farm labor contractor) or an agent of such a person or
entity, to recruit an unauthorized alien (other than an alien described
in clause (ii)) who is outside the United States to enter the United
States to perform seasonal agricultural services.
(ii) Exception
Clause (i) shall not apply to an alien who the person or entity
reasonably believes meets the requirements of section 1160(a)(2) of this
title (relating to performance of seasonal agricultural services).
(iii) Penalty for violation
A person, entity, or agent that violates clause (i) shall be deemed
to be subject to an order under this section in the same manner as if it
had violated subsection (a)(1)(A) of this section, without regard to
paragraph (2) of this subsection.
(C) Definitions
In this paragraph:
(i) Application period
The term ''application period'' means the period described in section
1160(a)(1) of this title.
(ii) Seasonal agricultural services
The term ''seasonal agricultural services'' has the meaning given
such term in section 1160(h) of this section.
(j) General Accounting Office reports
(1) In general
Beginning one year after November 6, 1986, and at intervals of one
year thereafter for a period of three years after such date, the
Comptroller General shall prepare and transmit to the Congress and to
the taskforce established under subsection (k) of this section a report
describing the results of a review of the implementation and enforcement
of this section during the preceding twelve-month period, for the
purpose of determining if --
(A) such provisions have been carried out satisfactorily;
(B) a pattern of discrimination has resulted against citizens or
nationals of the United States or against eligible workers seeking
employment; and
(C) an unnecessary regulatory burden has been created for employers
hiring such workers.
(2) Determination on discrimination
In each report, the Comptroller General shall make a specific
determination as to whether the implementation of this section has
resulted in a pattern of discrimination in employment (against other
than unauthorized aliens) on the basis of national origin.
(3) Recommendations
If the Comptroller General has determined that such a pattern of
discrimination has resulted, the report --
(A) shall include a description of the scope of that discrimination,
and
(B) may include recommendations for such legislation as may be
appropriate to deter or remedy such discrimination.
(k) Review by taskforce
(1) Establishment of joint taskforce
The Attorney General, jointly with the Chairman of the Commission on
Civil Rights and the Chairman of the Equal Employment Opportunity
Commission, shall establish a taskforce to review each report of the
Comptroller General transmitted under subsection (j)(1) of this section.
(2) Recommendations to Congress
If the report transmitted includes a determination that the
implementation of this section has resulted in a pattern of
discrimination in employment (against other than unauthorized aliens) on
the basis of national origin, the taskforce shall, taking into
consideration any recommendations in the report, report to Congress
recommendations for such legislation as may be appropriate to deter or
remedy such discrimination.
(3) Congressional hearings
The Committees on the Judiciary of the House of Representatives and
of the Senate shall hold hearings respecting any report of the taskforce
under paragraph (2) within 60 days after the date of receipt of the
report.
(l) Termination date for employer sanctions
(1) If report of widespread discrimination and congressional approval
The provisions of this section shall terminate 30 calendar days after
receipt of the last report required to be transmitted under subsection
(j) of this section, if --
(A) the Comptroller General determines, and so reports in such
report, that a widespread pattern of discrimination has resulted against
citizens or nationals of the United States or against eligible workers
seeking employment solely from the implementation of this section; and
(B) there is enacted, within such period of 30 calendar days, a joint
resolution stating in substance that the Congress approves the findings
of the Comptroller General contained in such report.
(2) Senate procedures for consideration
Any joint resolution referred to in clause (B) of paragraph (1) shall
be considered in the Senate in accordance with subsection (n) of this
section.
(m) Expedited procedures in House of Representatives
For the purpose of expediting the consideration and adoption of joint
resolutions under subsection (l) of this section, a motion to proceed to
the consideration of any such joint resolution after it has been
reported by the appropriate committee shall be treated as highly
privileged in the House of Representatives.
(n) Expedited procedures in Senate
(1) Continuity of session
For purposes of subsection (l) of this section, the continuity of a
session of Congress is broken only by an adjournment of the Congress
sine die, and the days on which either House is not in session because
of an adjournment of more than three days to a day certain are excluded
in the computation of the period indicated.
(2) Rulemaking power
Paragraphs (3) and (4) of this subsection are enacted --
(A) as an exercise of the rulemaking power of the Senate and as such
they are deemed a part of the rules of the Senate, but applicable only
with respect to the procedure to be followed in the Senate in the case
of joint resolutions referred to in subsection (l) of this section, and
supersede other rules of the Senate only to the extent that such
paragraphs are inconsistent therewith; and
(B) with full recognition of the constitutional right of the Senate
to change such rules at any time, in the same manner as in the case of
any other rule of the Senate.
(3) Committee consideration
(A) Motion to discharge
If the committee of the Senate to which has been referred a joint
resolution relating to the report described in subsection (l) of this
section has not reported such joint resolution at the end of ten
calendar days after its introduction, not counting any day which is
excluded under paragraph (1) of this subsection, it is in order to move
either to discharge the committee from further consideration of the
joint resolution or to discharge the committee from further
consideration of any other joint resolution introduced with respect to
the same report which has been referred to the committee, except that no
motion to discharge shall be in order after the committee has reported a
joint resolution with respect to the same report.
(B) Consideration of motion
A motion to discharge under subparagraph (A) of this paragraph may be
made only by a Senator favoring the joint resolution, is privileged, and
debate thereon shall be limited to not more than 1 hour, to be divided
equally between those favoring and those opposing the joint resolution,
the time to be divided equally between, and controlled by, the majority
leader and the minority leader or their designees. An amendment to the
motion is not in order, and it is not in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
(4) Motion to proceed to consideration
(A) In general
A motion in the Senate to proceed to the consideration of a joint
resolution shall be privileged. An amendment to the motion shall not be
in order, nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(B) Debate on resolution
Debate in the Senate on a joint resolution, and all debatable motions
and appeals in connection therewith, shall be limited to not more than
10 hours, to be equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
(C) Debate on motion
Debate in the Senate on any debatable motion or appeal in connection
with a joint resolution shall be limited to not more than 1 hour, to be
equally divided between, and controlled by, the mover and the manager of
the joint resolution, except that in the event the manager of the joint
resolution is in favor of any such motion or appeal, the time in
opposition thereto shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time under their
control on the passage of a joint resolution, allot additional time to
any Senator during the consideration of any debatable motion or appeal.
(D) Motions to limit debate
A motion in the Senate to further limit debate on a joint resolution,
debatable motion, or appeal is not debatable. No amendment to, or
motion to recommit, a joint resolution is in order in the Senate.
(June 27, 1952, ch. 477, title II, ch. 8, 274A, as added Nov. 6,
1986, Pub. L. 99-603, title I, 101(a)(1), 100 Stat. 3360; amended Oct.
24, 1988, Pub. L. 100-525, 2(a)(1), 102 Stat. 2609; Nov. 29, 1990,
Pub. L. 101-649, title V, 521(a), 538(a), 104 Stat. 5053, 5056; Dec.
12, 1991, Pub. L. 102-232, title III, 306(b)(2), 309(b)(11), 105 Stat.
1752, 1759.)
The Social Security Act, referred to in subsec. (d)(3)(D)(iii), (E),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
classified generally to chapter 7 ( 301 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
1991 -- Subsec. (b)(1)(D)(ii). Pub. L. 102-232, 309(b)(11),
substituted ''clause (i)'' for ''clause (ii)''.
Subsec. (b)(3). Pub. L. 102-232, 306(b)(2), struck out comma after
''officers of the Service''.
1990 -- Subsec. (a)(1). Pub. L. 101-649, 521(a), struck out ''to
hire, or to recruit or refer for a fee, for employment in the United
States'' after ''or other entity'' in introductory provisions, inserted
''to hire, or to recruit or refer for a fee, for employment in the
United States'' after ''(A)'' in subpar. (A), and inserted ''(i) to
hire for employment in the United States an individual without complying
with the requirements of subsection (b) of this section or (ii) if the
person or entity is an agricultural association, agricultural employer,
or farm labor contractor (as defined in section 1802 of title 29), to
hire, or to recruit or refer for a fee, for employment in the United
States'' after ''(B)'' in subpar. (B).
Subsec. (b)(3). Pub. L. 101-649, 538(a), which directed insertion of
'', the Special Counsel for Immigration-Related Unfair Employment
Practices,'' after ''officers of the Service,'' was executed by making
the insertion after ''officers of the Service'' to reflect the probable
intent of Congress.
1988 -- Subsec. (b)(1)(A). Pub. L. 100-525, 2(a)(1)(A), substituted
''the first sentence of this paragraph'' for ''such sentence'' and
''such another document'' for ''such a document''.
Subsec. (d)(3)(D). Pub. L. 100-525, 2(a)(1)(B), in heading
substituted ''defined'' for ''requiring two years notice and
congressional review''.
Subsec. (e)(1). Pub. L. 100-525, 2(a)(1)(C)(i), inserted reference
to subsec. (g)(1) in three places.
Subsec. (e)(3). Pub. L. 100-525, 2(a)(1)(C)(i), (ii), inserted
reference to subsec. (g)(1) in two places and reference to par. (6) in
two places.
Subsec. (e)(4)(A)(ii), (iii). Pub. L. 100-525, 2(a)(1)(D),
substituted ''paragraph'' for ''subparagraph''.
Subsec. (e)(6) to (9). Pub. L. 100-525, 2(a)(1)(C)(iii), (iv),
added par. (6) and redesignated former pars. (6) to (8) as (7) to (9),
respectively.
Subsec. (g)(2). Pub. L. 100-525, 2(a)(1)(E), inserted reference to
subsec. (e) of this section.
Subsec. (i)(3)(B)(iii). Pub. L. 100-525, 2(a)(1)(F), substituted
''an order'' for ''a order'' and ''subsection (a)(1)(A) of this
section'' for ''paragraph (1)(A)''.
Subsec. (j)(1). Pub. L. 100-525, 2(a)(1)(G), made technical
amendment to provision of original act which was translated as
''November 6, 1986,'' and struck out ''of the United States'' after
''Comptroller General''.
Subsec. (j)(2). Pub. L. 100-525, 2(a)(1)(H), substituted ''this
section'' for ''that section''.
Amendment by section 306(b)(2) of Pub. L. 102-232 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 310(1) of Pub. L. 102-232, set out as a note under
section 1101 of this title.
Section 521(b) of Pub. L. 101-649 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply to recruiting
and referring occurring on or after the date of the enactment of this
Act (Nov. 29, 1990).''
Section 538(b) of Pub. L. 101-649 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on the
date of the enactment of this Act (Nov. 29, 1990).''
Amendment by Pub. L. 100-525 effective as if included in enactment
of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see
section 2(s) of Pub. L. 100-525, set out as a note under section 1101
of this title.
Date of enactment of this section with respect to aliens deemed
employed under section 8704 of Title 46, Shipping, as the date 180 days
after Jan. 11, 1988, see section 5(f)(3) of Pub. L. 100-239, set out
as a Construction note under section 8704 of Title 46.
Memorandum of President of the United States, Feb. 10, 1992, 57 F.R.
24345, provided:
Memorandum for the Secretary of Health and Human Services
Section 205(c)(2)(F) of the Social Security Act (section 405(c)(2)(F)
of title 42 of the United States Code) directs the Secretary of Health
and Human Services to issue Social Security number cards to individuals
who are assigned Social Security numbers.
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including section
274A(d)(3)(A) of the Immigration and Nationality Act (the ''Act'')
(section 1324a(d)(3)(A) of title 8 of the United States Code) and
section 301 of title 3 of the United States Code, and in order to
provide for the delegation of certain functions under the Act (8 U.S.C.
1101 et seq.), I hereby:
(1) Authorize you to prepare and transmit, to the Committee on the
Judiciary and the Committee on Ways and Means of the House of
Representatives and to the Committee on the Judiciary and the Committee
on Finance of the Senate, a written report regarding the substance of
any proposed change in Social Security number cards, to the extent
required by section 274A(d)(3)(A) of the Act, and
(2) Authorize you to cause to have printed in the Federal Register
the substance of any change in the Social Security number card so
proposed and reported to the designated congressional committees, to the
extent required by section 274A(d)(3)(A) of the Act.
The authority delegated by this memorandum may be further redelegated
within the Department of Health and Human Services.
You are hereby authorized and directed to publish this memorandum in
the Federal Register.
George Bush.
Authority of President under subsec. (d)(4) of this section to
undertake demonstration projects of different changes in requirements of
employment verification system delegated to Attorney General by section
2 of Ex. Ord. No. 12781, Nov. 20, 1991, 56 F.R. 59203, set out as a
note under section 301 of Title 3, The President.
Pub. L. 101-238, 5, Dec. 18, 1989, 103 Stat. 2104, provided that:
''(a) Consultation. -- Before June 1, 1991, the Attorney General
shall consult with State governments on any proper State initiative to
improve the security of State or local documents which would satisfy the
requirements of section 274A(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1324a). The result of such consultations shall be
reported, before September 1, 1991, to the Committees on the Judiciary
of the Senate and House of Representatives of the United States.
''(b) Assistance for State Initiatives. -- After such consultation
described in subsection (a), the Attorney General shall make grants to,
and enter into contracts with (to such extent or in such amounts as are
provided in an appropriation Act), the State of California and at least
2 other States with large immigrant populations to promote any State
initiatives to improve the security of State or local documents which
would satisfy the requirements of section 274A(b)(1) of the Immigration
and Nationality Act (8 U.S.C. 1324a(b)(1)).
''(c) Authorization of Appropriations. -- There are authorized to be
appropriated to the Attorney General $10,000,000 for fiscal year 1992 to
carry out subsection (b).
''(d) Report Required. -- The Attorney General shall report to the
Committees on the Judiciary of the Senate and House of Representatives
not later than August 1, 1993, on the security of State or local
documents which would satisfy the requirements of section 274A(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1324a), and any
improvements in such documents that have occurred as a result of this
section.''
Section 101(a)(2) of Pub. L. 99-603 provided that: ''The Attorney
General shall, not later than the first day of the seventh month
beginning after the date of the enactment of this Act (Nov. 6, 1986),
first issue, on an interim or other basis, such regulations as may be
necessary in order to implement this section (enacting this section,
amending sections 1802, 1813, 1816, and 1851 of Title 29, Labor, and
enacting provisions set out as notes under this section, section 1802 of
Title 29, and section 405 of Title 42, The Public Health and Welfare).''
Section 101(a)(3) of Pub. L. 99-603 provided that:
''(A) Section 274A(a)(1) of the Immigration and Nationality Act (8
U.S.C. 1324a(a)(1)) shall not apply to the hiring, or recruiting or
referring of an individual for employment which has occurred before the
date of the enactment of this Act (Nov. 6, 1986).
''(B) Section 274A(a)(2) of the Immigration and Nationality Act shall
not apply to continuing employment of an alien who was hired before the
date of the enactment of this Act.''
Section 101(d) of Pub. L. 99-603 provided that:
''(1) The Attorney General, in consultation with the Secretary of
Labor and the Secretary of Health and Human Services, shall conduct a
study for use by the Department of Justice in determining employment
eligibility of aliens in the United States. Such study shall
concentrate on those data bases that are currently available to the
Federal Government which through the use of a telephone and computation
capability could be used to verify instantly the employment eligibility
status of job applicants who are aliens.
''(2) Such study shall be conducted in conjunction with any existing
Federal program which is designed for the purpose of providing
information on the resident or employment status of aliens for
employers. The study shall include an analysis of costs and benefits
which shows the differences in costs and efficiency of having the
Federal Government or a contractor perform this service. Such
comparisons should include reference to such technical capabilities as
processing techniques and time, verification techniques and time, back
up safeguards, and audit trail performance.
''(3) Such study shall also concentrate on methods of phone
verification which demonstrate the best safety and service standards,
the least burden for the employer, the best capability for effective
enforcement, and procedures which are within the boundaries of the
Privacy Act of 1974 (5 U.S.C. 552a, 552a note).
''(4) Such study shall be conducted within twelve months of the date
of enactment of this Act (Nov. 6, 1986).
''(5) The Attorney General shall prepare and transmit to the Congress
a report --
''(A) not later than six months after the date of enactment of this
Act, describing the status of such study; and
''(B) not later than twelve months after such date, setting forth the
findings of such study.''
Section 101(e) of Pub. L. 99-603 provided that: ''The Secretary of
Health and Human Services, acting through the Social Security
Administration and in cooperation with the Attorney General and the
Secretary of Labor, shall conduct a study of the feasibility and costs
of establishing a social security number validation system to assist in
carrying out the purposes of section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a), and of the privacy concerns that would
be raised by the establishment of such a system. The Secretary shall
submit to the Committees on Ways and Means and Judiciary of the House of
Representatives and to the Committees on Finance and Judiciary of the
Senate, within 2 years after the date of the enactment of this Act (Nov.
6, 1986), a full and complete report on the results of the study
together with such recommendations as may be appropriate.''
Section 402 of Pub. L. 99-603 provided that: ''The President shall
transmit to Congress annual reports on the implementation of section
274A of the Immigration and Nationality Act (8 U.S.C. 1324a) (relating
to unlawful employment of aliens) during the first three years after its
implementation. Each report shall include --
''(1) an analysis of the adequacy of the employment verification
system provided under subsection (b) of that section;
''(2) a description of the status of the development and
implementation of changes in that system under subsection (d) of that
section, including the results of any demonstration projects conducted
under paragraph (4) of such subsection; and
''(3) an analysis of the impact of the enforcement of that section on
--
''(A) the employment, wages, and working conditions of United States
workers and on the economy of the United States,
''(B) the number of aliens entering the United States illegally or
who fail to maintain legal status after entry, and
''(C) the violation of terms and conditions of nonimmigrant visas by
foreign visitors.''
(Functions of President under section 402 of Pub. L. 99-603 delegated
to Attorney General, except functions in section 402(3)(A) which were
delegated to Secretary of Labor, by sections 1(b) and 2(a) of Ex. Ord.
No. 12789, Feb. 10, 1992, 57 F.R. 5225, set out as a note under section
1364 of this title.)
title 29 sections 1813, 1851; title 46 section 8704.
/1/ So in original. Probably should be followed by a comma.
08 USC 1324b. Unfair immigration-related employment practices
TITLE 8 -- ALIENS AND NATIONALITY
(a) Prohibition of discrimination based on national origin or
citizenship status
(1) General rule
It is an unfair immigration-related employment practice for a person
or other entity to discriminate against any individual (other than an
unauthorized alien, as defined in section 1324a(h)(3) of this title)
with respect to the hiring, or recruitment or referral for a fee, of the
individual for employment or the discharging of the individual from
employment --
(A) because of such individual's national origin, or
(B) in the case of a protected individual (as defined in paragraph
(3)), because of such individual's citizenship status.
(2) Exceptions
Paragraph (1) shall not apply to --
(A) a person or other entity that employs three or fewer employees,
(B) a person's or entity's discrimination because of an individual's
national origin if the discrimination with respect to that person or
entity and that individual is covered under section 703 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-2), or
(C) discrimination because of citizenship status which is otherwise
required in order to comply with law, regulation, or executive order, or
required by Federal, State, or local government contract, or which the
Attorney General determines to be essential for an employer to do
business with an agency or department of the Federal, State, or local
government.
(3) ''Protected individual'' defined
As used in paragraph (1), the term ''protected individual'' means an
individual who --
(A) is a citizen or national of the United States, or
(B) is an alien who is lawfully admitted for permanent residence, is
granted the status of an alien lawfully admitted for temporary residence
under section 1160(a), 1161(a), or 1255a(a)(1) of this title, is
admitted as a refugee under section 1157 of this title, or is granted
asylum under section 1158 of this title; but does not include (i) an
alien who fails to apply for naturalization within six months of the
date the alien first becomes eligible (by virtue of period of lawful
permanent residence) to apply for naturalization or, if later, within
six months after November 6, 1986, and (ii) an alien who has applied on
a timely basis, but has not been naturalized as a citizen within 2 years
after the date of the application, unless the alien can establish that
the alien is actively pursuing naturalization, except that time consumed
in the Service's processing the application shall not be counted toward
the 2-year period.
(4) Additional exception providing right to prefer equally qualified
citizens
Notwithstanding any other provision of this section, it is not an
unfair immigration-related employment practice for a person or other
entity to prefer to hire, recruit, or refer an individual who is a
citizen or national of the United States over another individual who is
an alien if the two individuals are equally qualified.
(5) Prohibition of intimidation or retaliation
It is also an unfair immigration-related employment practice for a
person or other entity to intimidate, threaten, coerce, or retaliate
against any individual for the purpose of interfering with any right or
privilege secured under this section or because the individual intends
to file or has filed a charge or a complaint, testified, assisted, or
participated in any manner in an investigation, proceeding, or hearing
under this section. An individual so intimidated, threatened, coerced,
or retaliated against shall be considered, for purposes of subsections
(d) and (g) of this section, to have been discriminated against.
(6) Treatment of certain documentary practices as employment
practices
For purposes of paragraph (1), a person's or other entity's request,
for purposes of satisfying the requirements of section 1324a(b) of this
title, for more or different documents than are required under such
section or refusing to honor documents tendered that on their face
reasonably appear to be genuine shall be treated as an unfair
immigration-related employment practice relating to the hiring of
individuals.
(b) Charges of violations
(1) In general
Except as provided in paragraph (2), any person alleging that the
person is adversely affected directly by an unfair immigration-related
employment practice (or a person on that person's behalf) or an officer
of the Service alleging that an unfair immigration-related employment
practice has occurred or is occurring may file a charge respecting such
practice or violation with the Special Counsel (appointed under
subsection (c) of this section). Charges shall be in writing under oath
or affirmation and shall contain such information as the Attorney
General requires. The Special Counsel by certified mail shall serve a
notice of the charge (including the date, place, and circumstances of
the alleged unfair immigration-related employment practice) on the
person or entity involved within 10 days.
(2) No overlap with EEOC complaints
No charge may be filed respecting an unfair immigration-related
employment practice described in subsection (a)(1)(A) of this section if
a charge with respect to that practice based on the same set of facts
has been filed with the Equal Employment Opportunity Commission under
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.),
unless the charge is dismissed as being outside the scope of such title.
No charge respecting an employment practice may be filed with the Equal
Employment Opportunity Commission under such title if a charge with
respect to such practice based on the same set of facts has been filed
under this subsection, unless the charge is dismissed under this section
as being outside the scope of this section.
(c) Special Counsel
(1) Appointment
The President shall appoint, by and with the advice and consent of
the Senate, a Special Counsel for Immigration-Related Unfair Employment
Practices (hereinafter in this section referred to as the ''Special
Counsel'') within the Department of Justice to serve for a term of four
years. In the case of a vacancy in the office of the Special Counsel
the President may designate the officer or employee who shall act as
Special Counsel during such vacancy.
(2) Duties
The Special Counsel shall be responsible for investigation of charges
and issuance of complaints under this section and in respect of the
prosecution of all such complaints before administrative law judges and
the exercise of certain functions under subsection (j)(1) of this
section.
(3) Compensation
The Special Counsel is entitled to receive compensation at a rate not
to exceed the rate now or hereafter provided for grade GS-17 of the
General Schedule, under section 5332 of title 5.
(4) Regional offices
The Special Counsel, in accordance with regulations of the Attorney
General, shall establish such regional offices as may be necessary to
carry out his duties.
(d) Investigation of charges
(1) By Special Counsel
The Special Counsel shall investigate each charge received and,
within 120 days of the date of the receipt of the charge, determine
whether or not there is reasonable cause to believe that the charge is
true and whether or not to bring a complaint with respect to the charge
before an administrative law judge. The Special Counsel may, on his own
initiative, conduct investigations respecting unfair immigration-related
employment practices and, based on such an investigation and subject to
paragraph (3), file a complaint before such a judge.
(2) Private actions
If the Special Counsel, after receiving such a charge respecting an
unfair immigration-related employment practice which alleges knowing and
intentional discriminatory activity or a pattern or practice of
discriminatory activity, has not filed a complaint before an
administrative law judge with respect to such charge within such 120-day
period, the Special Counsel shall notify the person making the charge of
the determination not to file such a complaint during such period and
the person making the charge may (subject to paragraph (3)) file a
complaint directly before such a judge within 90 days after the date of
receipt of the notice. The Special Counsel's failure to file such a
complaint within such 120-day period shall not affect the right of the
Special Counsel to investigate the charge or to bring a complaint before
an administrative law judge during such 90-day period.
(3) Time limitations on complaints
No complaint may be filed respecting any unfair immigration-related
employment practice occurring more than 180 days prior to the date of
the filing of the charge with the Special Counsel. This subparagraph
shall not prevent the subsequent amending of a charge or complaint under
subsection (e)(1) of this section.
(e) Hearings
(1) Notice
Whenever a complaint is made that a person or entity has engaged in
or is engaging in any such unfair immigration-related employment
practice, an administrative law judge shall have power to issue and
cause to be served upon such person or entity a copy of the complaint
and a notice of hearing before the judge at a place therein fixed, not
less than five days after the serving of the complaint. Any such
complaint may be amended by the judge conducting the hearing, upon the
motion of the party filing the complaint, in the judge's discretion at
any time prior to the issuance of an order based thereon. The person or
entity so complained of shall have the right to file an answer to the
original or amended complaint and to appear in person or otherwise and
give testimony at the place and time fixed in the complaint.
(2) Judges hearing cases
Hearings on complaints under this subsection shall be considered
before administrative law judges who are specially designated by the
Attorney General as having special training respecting employment
discrimination and, to the extent practicable, before such judges who
only consider cases under this section.
(3) Complainant as party
Any person filing a charge with the Special Counsel respecting an
unfair immigration-related employment practice shall be considered a
party to any complaint before an administrative law judge respecting
such practice and any subsequent appeal respecting that complaint. In
the discretion of the judge conducting the hearing, any other person may
be allowed to intervene in the proceeding and to present testimony.
(f) Testimony and authority of hearing officers
(1) Testimony
The testimony taken by the administrative law judge shall be reduced
to writing. Thereafter, the judge, in his discretion, upon notice may
provide for the taking of further testimony or hear argument.
(2) Authority of administrative law judges
In conducting investigations and hearings under this subsection and
in accordance with regulations of the Attorney General, the Special
Counsel and administrative law judges shall have reasonable access to
examine evidence of any person or entity being investigated. The
administrative law judges by subpoena may compel the attendance of
witnesses and the production of evidence at any designated place or
hearing. In case of contumacy or refusal to obey a subpoena lawfully
issued under this paragraph and upon application of the administrative
law judge, an appropriate district court of the United States may issue
an order requiring compliance with such subpoena and any failure to obey
such order may be punished by such court as a contempt thereof.
(g) Determinations
(1) Order
The administrative law judge shall issue and cause to be served on
the parties to the proceeding an order, which shall be final unless
appealed as provided under subsection (i) of this section.
(2) Orders finding violations
(A) In general
If, upon the preponderance of the evidence, an administrative law
judge determines that any person or entity named in the complaint has
engaged in or is engaging in any such unfair immigration-related
employment practice, then the judge shall state his findings of fact and
shall issue and cause to be served on such person or entity an order
which requires such person or entity to cease and desist from such
unfair immigration-related employment practice.
(B) Contents of order
Such an order also may require the person or entity --
(i) to comply with the requirements of section 1324a(b) of this title
with respect to individuals hired (or recruited or referred for
employment for a fee) during a period of up to three years;
(ii) to retain for the period referred to in clause (i) and only for
purposes consistent with section 1324a(b)(5) of this title, the name and
address of each individual who applies, in person or in writing, for
hiring for an existing position, or for recruiting or referring for a
fee, for employment in the United States;
(iii) to hire individuals directly and adversely affected, with or
without back pay;
(iv)(I) except as provided in subclauses (II) through (IV), to pay a
civil penalty of not less than $250 and not more than $2,000 for each
individual discriminated against,
(II) except as provided in subclauses (III) and (IV), in the case of
a person or entity previously subject to a single order under this
paragraph, to pay a civil penalty of not less than $2,000 and not more
than $5,000 for each individual discriminated against,
(III) except as provided in subclause (IV), in the case of a person
or entity previously subject to more than one order under this
paragraph, to pay a civil penalty of not less than $3,000 and not more
than $10,000 for each individual discriminated against, and
(IV) in the case of an unfair immigration-related employment practice
described in subsection (a)(6) of this section, to pay a civil penalty
of not less than $100 and not more than $1,000 for each individual
discriminated against;
(v) to post notices to employees about their rights under this
section and employers' obligations under section 1324a of this title;
(vi) to educate all personnel involved in hiring and complying with
this section or section 1324a of this title about the requirements of
this section or such section;
(vii) to remove (in an appropriate case) a false performance review
or false warning from an employee's personnel file; and
(viii) to lift (in an appropriate case) any restrictions on an
employee's assignments, work shifts, or movements.
(C) Limitation on back pay remedy
In providing a remedy under subparagraph (B)(iii), back pay liability
shall not accrue from a date more than two years prior to the date of
the filing of a charge with an administrative law judge. Interim
earnings or amounts earnable with reasonable diligence by the individual
or individuals discriminated against shall operate to reduce the back
pay otherwise allowable under such paragraph. No order shall require
the hiring of an individual as an employee or the payment to an
individual of any back pay, if the individual was refused employment for
any reason other than discrimination on account of national origin or
citizenship status.
(D) Treatment of distinct entities
In applying this subsection in the case of a person or entity
composed of distinct, physically separate subdivisions each of which
provides separately for the hiring, recruiting, or referring for
employment, without reference to the practices of, and not under the
control of or common control with, another subdivision, each such
subdivision shall be considered a separate person or entity.
(3) Orders not finding violations
If upon the preponderance of the evidence an administrative law judge
determines that the person or entity named in the complaint has not
engaged and is not engaging in any such unfair immigration-related
employment practice, then the judge shall state his findings of fact and
shall issue an order dismissing the complaint.
(h) Awarding of attorney's fees
In any complaint respecting an unfair immigration-related employment
practice, an administrative law judge, in the judge's discretion, may
allow a prevailing party, other than the United States, a reasonable
attorney's fee, if the losing party's argument is without reasonable
foundation in law and fact.
(i) Review of final orders
(1) In general
Not later than 60 days after the entry of such final order, any
person aggrieved by such final order may seek a review of such order in
the United States court of appeals for the circuit in which the
violation is alleged to have occurred or in which the employer resides
or transacts business.
(2) Further review
Upon the filing of the record with the court, the jurisdiction of the
court shall be exclusive and its judgment shall be final, except that
the same shall be subject to review by the Supreme Court of the United
States upon writ of certiorari or certification as provided in section
1254 of title 28.
(j) Court enforcement of administrative orders
(1) In general
If an order of the agency is not appealed under subsection (i)(1) of
this section, the Special Counsel (or, if the Special Counsel fails to
act, the person filing the charge) may petition the United States
district court for the district in which a violation of the order is
alleged to have occurred, or in which the respondent resides or
transacts business, for the enforcement of the order of the
administrative law judge, by filing in such court a written petition
praying that such order be enforced.
(2) Court enforcement order
Upon the filing of such petition, the court shall have jurisdiction
to make and enter a decree enforcing the order of the administrative law
judge. In such a proceeding, the order of the administrative law judge
shall not be subject to review.
(3) Enforcement decree in original review
If, upon appeal of an order under subsection (i)(1) of this section,
the United States court of appeals does not reverse such order, such
court shall have the jurisdiction to make and enter a decree enforcing
the order of the administrative law judge.
(4) Awarding of attorneys' fees
In any judicial proceeding under subsection (i) of this section or
this subsection, the court, in its discretion, may allow a prevailing
party, other than the United States, a reasonable attorney's fee as part
of costs but only if the losing party's argument is without reasonable
foundation in law and fact.
(k) Termination dates
(1) This section shall not apply to discrimination in hiring,
recruiting, or referring, or discharging of individuals occurring after
the date of any termination of the provisions of section 1324a of this
title, under subsection (l) of that section.
(2) The provisions of this section shall terminate 30 calendar days
after receipt of the last report required to be transmitted under
section 1324a(j) of this title if --
(A) the Comptroller General determines, and so reports in such report
that --
(i) no significant discrimination has resulted, against citizens or
nationals of the United States or against any eligible workers seeking
employment, from the implementation of section 1324a of this title, or
(ii) such section has created an unreasonable burden on employers
hiring such workers; and
(B) there has been enacted, within such period of 30 calendar days, a
joint resolution stating in substance that the Congress approves the
findings of the Comptroller General contained in such report.
The provisions of subsections (m) and (n) of section 1324a of this
title shall apply to any joint resolution under subparagraph (B) in the
same manner as they apply to a joint resolution under subsection (l) of
such section.
(l) Dissemination of information concerning anti-discrimination
provisions
(1) Not later than 3 months after November 29, 1990, the Special
Counsel, in cooperation with the chairman of the Equal Employment
Opportunity Commission, the Secretary of Labor, and the Administrator of
the Small Business Administration, shall conduct a campaign to
disseminate information respecting the rights and remedies prescribed
under this section and under title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) in connection with unfair immigration-related
employment practices. Such campaign shall be aimed at increasing the
knowledge of employers, employees, and the general public concerning
employer and employee rights, responsibilities, and remedies under this
section and such title.
(2) In order to carry out the campaign under this subsection, the
Special Counsel --
(A) may, to the extent deemed appropriate and subject to the
availability of appropriations, contract with public and private
organizations for outreach activities under the campaign, and
(B) shall consult with the Secretary of Labor, the chairman of the
Equal Employment Opportunity Commission, and the heads of such other
agencies as may be appropriate.
(3) There are authorized to be appropriated to carry out this
subsection $10,000,000 for each fiscal year (beginning with fiscal year
1991).
(June 27, 1952, ch. 477, title II, ch. 8, 274B, as added Nov. 6,
1986, Pub. L. 99-603, title I, 102(a), 100 Stat. 3374; amended Oct.
24, 1988, Pub. L. 100-525, 2(b), 102 Stat. 2610; Nov. 29, 1990, Pub.
L. 101-649, title V, 531, 532(a), 533(a), 534(a), 535(a), 536(a),
537(a), 539(a), 104 Stat. 5054-5056; Dec. 12, 1991, Pub. L. 102-232,
title III, 306(b)(1), (3), (c)(1), 105 Stat. 1752.)
The Civil Rights Act of 1964, referred to in subsecs. (b)(2) and
(l)(1), is Pub. L. 88-352, July 2, 1964, 78 Stat. 252, as amended.
Title VII of the Civil Rights Act of 1964 is classified generally to
subchapter VI ( 2000e et seq.) of chapter 21 of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 2000a of Title 42 and
Tables.
1991 -- Subsec. (g)(2)(B)(iv)(II). Pub. L. 102-232, 306(b)(1),
substituted ''subclauses (III) and (IV)'' for ''subclause (IV)''.
Subsec. (g)(2)(B)(iv)(IV). Pub. L. 102-232, 306(b)(3)(A),
substituted a semicolon for period at end.
Subsec. (g)(2)(B)(v), (vi). Pub. L. 102-232, 306(b)(3)(B),
substituted semicolons for commas at end.
Subsec. (g)(2)(B)(vii). Pub. L. 102-232, 306(b)(3)(C), (D),
substituted a semicolon for comma at end and ''to remove (in an
appropriate case)'' for ''to order (in an appropriate case) the removal
of''.
Subsec. (g)(2)(B)(viii). Pub. L. 102-232, 306(b)(3)(E), substituted
''to lift (in an appropriate case)'' for ''to order (in an appropriate
case) the lifting of''.
Subsec. (g)(2)(D). Pub. L. 102-232, 306(c)(1), substituted
''physically'' for ''physicially''.
1990 -- Subsec. (a)(1)(B). Pub. L. 101-649, 533(a)(1), substituted
''protected individual'' for ''citizen or intending citizen''.
Subsec. (a)(3). Pub. L. 101-649, 533(a)(2), (3), in heading and text
substituted ''protected individual'' for ''citizen or intending
citizen''.
Subsec. (a)(3)(B). Pub. L. 101-649, 533(a)(4), substituted ''is an
alien who is lawfully admitted for permanent residence, is granted the
status of an alien lawfully admitted for temporary residence under
section 1160(a), 1161(a), or 1255a(a)(1) of this title, is admitted as a
refugee under section 1157 of this title, or is granted asylum under
section 1158 of this title; but does not'' for ''is an alien who --
''(i) is lawfully admitted for permanent residence, is granted the
status of an alien lawfully admitted for temporary residence under
section 1160(a), 1161(a), or 1255a(a)(1) of this title, is admitted as a
refugee under section 1157 of this title, or is granted asylum under
section 1158 of this title, and
''(ii) evidences an intention to become a citizen of the United
States through completing a declaration of intention to become a
citizen;
but does not'', and in closing provisions substituted ''(i)'' and
''(ii)'' for ''(I)'' and ''(II)'', respectively.
Pub. L. 101-649, 532(a), inserted reference to sections 1160(a) and
1161(a) of this title in cl. (i).
Subsec. (a)(5). Pub. L. 101-649, 534(a), added par. (5).
Subsec. (a)(6). Pub. L. 101-649, 535(a), added par. (6).
Subsec. (d)(2). Pub. L. 101-649, 537(a), inserted ''the Special
Counsel shall notify the person making the charge of the determination
not to file such a complaint during such period and'' after ''120-day
period,'', inserted ''within 90 days after the date of receipt of the
notice'' before period at end, and inserted at end ''The Special
Counsel's failure to file such a complaint within such 120-day period
shall not affect the right of the Special Counsel to investigate the
charge or to bring a complaint before an administrative law judge during
such 90-day period.''
Subsec. (g)(2)(B)(iii). Pub. L. 101-649, 539(a)(1), struck out
''and'' at end.
Subsec. (g)(2)(B)(iv). Pub. L. 101-649, 539(a)(2), which directed
the substitution of a comma for the period at end of cl. (iv)(II),
could not be executed because of the general amendment of cl. (iv) by
Pub. L. 101-649, 536(a), see below.
Pub. L. 101-649, 536(a), amended cl. (iv) generally. Prior to
amendment, cl. (iv) read as follows:
''(I) except as provided in subclause (II), to pay a civil penalty of
not more than $1,000 for each individual discriminated against, and
''(II) in the case of a person or entity previously subject to such
an order, to pay a civil penalty of not more than $2,000 for each
individual discriminated against.''
Subsec. (g)(2)(B)(v) to (viii). Pub. L. 101-649, 539(a)(3), added
cls. (v) to (viii).
Subsec. (l). Pub. L. 101-649, 531, added subsec. (l).
1988 -- Subsec. (a)(1). Pub. L. 100-525, 2(b)(1), inserted
reference to section 1324a(h)(3) of this title.
Subsec. (e)(3). Pub. L. 100-525, 2(b)(2), struck out ''said'' before
''proceeding''.
Subsec. (g)(2)(A). Pub. L. 100-525, 2(b)(3), substituted ''that''
for ''that that''.
Subsec. (g)(2)(B)(ii). Pub. L. 100-525, 2(b)(4), substituted
''1324a'' for ''1324''.
Subsec. (g)(3). Pub. L. 100-525, 2(b)(5), substituted ''engaged
and'' for ''engaged or''.
Subsec. (h). Pub. L. 100-525, 2(b)(6), substituted ''attorney's''
for ''attorneys''' in heading.
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this
title.
Section 532(b) of Pub. L. 101-649 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to actions
occurring on or after the date of the enactment of this Act (Nov. 29,
1990).''
Section 533(b) of Pub. L. 101-649 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply to unfair
immigration-related employment practices occurring before, on, or after
the date of the enactment of this Act (Nov. 29, 1990).''
Section 534(b) of Pub. L. 101-649 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to actions
occurring on or after the date of the enactment of this Act (Nov. 29,
1990).''
Section 535(b) of Pub. L. 101-649 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on the
date of the enactment of this Act (Nov. 29, 1990), but shall apply to
actions occurring on or after such date.''
Section 536(b) of Pub. L. 101-649 provided that: ''The amendments
made by this section (amending this section) shall apply to unfair
immigration-related employment practices occurring after the date of the
enactment of this Act (Nov. 29, 1990).''
Section 537(b) of Pub. L. 101-649 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply to charges
received on or after the date of the enactment of this Act (Nov. 29,
1990).''
Section 539(b) of Pub. L. 101-649 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply to orders
with respect to unfair immigration-related employment practices
occurring on or after the date of the enactment of this Act (Nov. 29,
1990).''
Amendment by Pub. L. 100-525 effective as if included in enactment
of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see
section 2(s) of Pub. L. 100-525, set out as a note under section 1101
of this title.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
Section 102(b) of Pub. L. 99-603 provided that: ''Except as may be
specifically provided in this section, nothing in this section shall be
construed to restrict the authority of the Equal Employment Opportunity
Commission to investigate allegations, in writing and under oath or
affirmation, of unlawful employment practices, as provided in section
706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5), or any other
authority provided therein.''
08 USC 1324c. Penalties for document fraud
TITLE 8 -- ALIENS AND NATIONALITY
(a) Activities prohibited
It is unlawful for any person or entity knowingly --
(1) to forge, counterfeit, alter, or falsely make any document for
the purpose of satisfying a requirement of this chapter,
(2) to use, attempt to use, possess, obtain, accept, or receive or to
provide any forged, counterfeit, altered, or falsely made document in
order to satisfy any requirement of this chapter,
(3) to use or attempt to use or to provide or attempt to provide any
document lawfully issued to a person other than the possessor (including
a deceased individual) for the purpose of satisfying a requirement of
this chapter, or
(4) to accept or receive or to provide any document lawfully issued
to a person other than the possessor (including a deceased individual)
for the purpose of complying with section 1324a(b) of this title.
(b) Exception
This section does not prohibit any lawfully authorized investigative,
protective, or intelligence activity of a law enforcement agency of the
United States, a State, or a subdivision of a State, or of an
intelligence agency of the United States, or any activity authorized
under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note
prec. 3481).
(c) Construction
Nothing in this section shall be construed to diminish or qualify any
of the penalties available for activities prohibited by this section but
proscribed as well in title 18.
(d) Enforcement
(1) Authority in investigations
In conducting investigations and hearings under this subsection --
(A) immigration officers and administrative law judges shall have
reasonable access to examine evidence of any person or entity being
investigated, and
(B) administrative law judges, may, if necessary, compel by subpoena
the attendance of witnesses and the production of evidence at any
designated place or hearing.
In case of contumacy or refusal to obey a subpoena lawfully issued
under this paragraph and upon application of the Attorney General, an
appropriate district court of the United States may issue an order
requiring compliance with such subpoena and any failure to obey such
order may be punished by such court as a contempt thereof.
(2) Hearing
(A) In general
Before imposing an order described in paragraph (3) against a person
or entity under this subsection for a violation of subsection (a) of
this section, the Attorney General shall provide the person or entity
with notice and, upon request made within a reasonable time (of not less
than 30 days, as established by the Attorney General) of the date of the
notice, a hearing respecting the violation.
(B) Conduct of hearing
Any hearing so requested shall be conducted before an administrative
law judge. The hearing shall be conducted in accordance with the
requirements of section 554 of title 5. The hearing shall be held at
the nearest practicable place to the place where the person or entity
resides or of the place where the alleged violation occurred. If no
hearing is so requested, the Attorney General's imposition of the order
shall constitute a final and unappealable order.
(C) Issuance of orders
If the administrative law judge determines, upon the preponderance of
the evidence received, that a person or entity has violated subsection
(a) of this section, the administrative law judge shall state his
findings of fact and issue and cause to be served on such person or
entity an order described in paragraph (3).
(3) Cease and desist order with civil money penalty
With respect to a violation of subsection (a) of this section, the
order under this subsection shall require the person or entity to cease
and desist from such violations and to pay a civil penalty in an amount
of --
(A) not less than $250 and not more than $2,000 for each document
used, accepted, or created and each instance of use, acceptance, or
creation, or
(B) in the case of a person or entity previously subject to an order
under this paragraph, not less than $2,000 and not more than $5,000 for
each document used, accepted, or created and each instance of use,
acceptance, or creation.
In applying this subsection in the case of a person or entity
composed of distinct, physically separate subdivisions each of which
provides separately for the hiring, recruiting, or referring for
employment, without reference to the practices of, and not under the
control of or common control with, another subdivision, each such
subdivision shall be considered a separate person or entity.
(4) Administrative appellate review
The decision and order of an administrative law judge shall become
the final agency decision and order of the Attorney General unless,
within 30 days, the Attorney General modifies or vacates the decision
and order, in which case the decision and order of the Attorney General
shall become a final order under this subsection.
(5) Judicial review
A person or entity adversely affected by a final order under this
section may, within 45 days after the date the final order is issued,
file a petition in the Court of Appeals for the appropriate circuit for
review of the order.
(6) Enforcement of orders
If a person or entity fails to comply with a final order issued under
this section against the person or entity, the Attorney General shall
file a suit to seek compliance with the order in any appropriate
district court of the United States. In any such suit, the validity and
appropriateness of the final order shall not be subject to review.
(June 27, 1952, ch. 477, title II, ch. 8, 274C, as added Nov. 29,
1990, Pub. L. 101-649, title V, 544(a), 104 Stat. 5059; amended Dec.
12, 1991, Pub. L. 102-232, title III, 306(c)(5)(A), 105 Stat. 1752.)
Title V of the Organized Crime Control Act of 1970, referred to in
subsec. (b), is title V of Pub. L. 91-452, Oct. 15, 1970, 84 Stat.
933, which was set out as a note preceding section 3481 of Title 18,
Crimes and Criminal Procedure, and was repealed by Pub. L. 98-473,
title II, 1209(b), Oct. 12, 1984, 98 Stat. 2163, effective Oct. 1,
1984. See section 3521 et seq. of Title 18.
1991 -- Subsec. (a)(2) to (4). Pub. L. 102-232 inserted ''or to
provide'' after ''receive'' in pars. (2) and (4) and ''or to provide or
attempt to provide'' after ''attempt to use'' in par. (3).
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this
title.
Section applicable to persons or entities that have committed
violations on or after Nov. 29, 1990, see section 544(d) of Pub. L.
101-649, as amended, set out as an Effective Date of 1990 Amendment note
under section 1251 of this title.
08 USC 1325. Improper entry by alien
TITLE 8 -- ALIENS AND NATIONALITY
(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States at
any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or (3)
attempts to enter or obtains entry to the United States by a willfully
false or misleading representation or the willful concealment of a
material fact, shall, for the first commission of any such offense, be
fined under title 18 or imprisoned not more than 6 months, or both, and,
for a subsequent commission of any such offense, be fined under title
18, or imprisoned not more than 2 years, or both.
(b) Marriage fraud
Any individual who knowingly enters into a marriage for the purpose
of evading any provision of the immigration laws shall be imprisoned for
not more than 5 years, or fined not more than $250,000, or both.
(c) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise for
the purpose of evading any provision of the immigration laws shall be
imprisoned for not more than 5 years, fined in accordance with title 18,
or both.
(June 27, 1952, ch. 477, title II, ch. 8, 275, 66 Stat. 229; Nov.
10, 1986, Pub. L. 99-639, 2(d), 100 Stat. 3542; Nov. 29, 1990, Pub. L.
101-649, title I, 121(b)(3), title V, 543(b)(2), 104 Stat. 4994,
5059; Dec. 12, 1991, Pub. L. 102-232, title III, 306(c)(3), 105 Stat.
1752.)
1991 -- Subsec. (a). Pub. L. 102-232 substituted ''fined under title
18'' for ''fined not more than $2,000 (or, if greater, the amount
provided under title 18)''.
1990 -- Subsec. (a). Pub. L. 101-649, 543(b)(2), inserted ''or
attempts to enter'' after ''(1) enters'' and ''attempts to enter or''
after ''or (3)'', and substituted ''shall, for the first commission of
any such offense, be fined not more than $2,000 (or, if greater, the
amount provided under title 18) or imprisoned not more than 6 months, or
both, and, for a subsequent commission of any such offense, be fined
under title 18, or imprisoned not more than 2 years'' for ''shall, for
the first commission of any such offenses, be guilty of a misdemeanor
and upon conviction thereof be punished by imprisonment for not more
than six months, or by a fine of not more than $500, or by both, and for
a subsequent commission of any such offenses shall be guilty of a felony
and upon conviction thereof shall be punished by imprisonment for not
more than two years, or by a fine of not more than $1,000''.
Subsec. (c). Pub. L. 101-649, 121(b)(3), added subsec. (c).
1986 -- Pub. L. 99-639 designated existing provisions as subsec.
(a) and added subsec. (b).
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this
title.
Amendment by section 121(b)(3) of Pub. L. 101-649 effective Oct. 1,
1991, and applicable beginning with fiscal year 1992, see section 161(a)
of Pub. L. 101-649, set out as a note under section 1101 of this title.
Amendment by section 543(b)(2) of Pub. L. 101-649 applicable to
actions taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101-649, set out as a note under section 1221 of this title.
Definition of entry, immigration laws, immigration officer, and
United States, see section 1101 of this title.
08 USC 1326. Reentry of deported alien; criminal penalties for
reentry of certain deported aliens
TITLE 8 -- ALIENS AND NATIONALITY
(a) Subject to subsection (b) of this section, any alien who --
(1) has been arrested and deported or excluded and deported, and
thereafter
(2) enters, attempts to enter, or is at any time found in, the United
States, unless (A) prior to his reembarkation at a place outside the
United States or his application for admission from foreign contiguous
territory, the Attorney General has expressly consented to such alien's
reapplying for admission; or (B) with respect to an alien previously
excluded and deported, unless such alien shall establish that he was not
required to obtain such advance consent under this chapter or any prior
Act,
shall be fined under title 18, or imprisoned not more than 2 years,
or both.
(b) Notwithstanding subsection (a) of this section, in the case of
any alien described in such subsection --
(1) whose deportation was subsequent to a conviction for commission
of a felony (other than an aggravated felony), such alien shall be fined
under title 18, imprisoned not more than 5 years, or both; or
(2) whose deportation was subsequent to a conviction for commission
of an aggravated felony, such alien shall be fined under such title,
imprisoned not more than 15 years, or both.
(June 27, 1952, ch. 477, title II, ch. 8, 276, 66 Stat. 229; Nov.
18, 1988, Pub. L. 100-690, title VII, 7345(a), 102 Stat. 4471; Nov.
29, 1990, Pub. L. 101-649, title V, 543(b)(3), 104 Stat. 5059.)
1990 -- Subsec. (a). Pub. L. 101-649 substituted ''shall be fined
under title 18, or imprisoned not more than 2 years'' for ''shall be
guilty of a felony, and upon conviction thereof, be punished by
imprisonment of not more than two years, or by a fine of not more than
$1,000''.
1988 -- Pub. L. 100-690 designated existing provisions as subsec.
(a), substituted ''Subject to subsection (b) of this section, any
alien'' for ''Any alien'', and added subsec. (b).
Amendment by Pub. L. 101-649 applicable to actions taken after Nov.
29, 1990, see section 543(c) of Pub. L. 101-649, set out as a note
under section 1221 of this title.
Section 7345(b) of Pub. L. 100-690 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply to any alien
who enters, attempts to enter, or is found in, the United States on or
after the date of the enactment of this Act (Nov. 18, 1988).''
Definition of alien, attorney general, entry, and United States, see
section 1101 of this title.
08 USC 1327. Aiding or assisting certain aliens to enter
TITLE 8 -- ALIENS AND NATIONALITY
Any person who knowingly aids or assists any alien excludable under
section 1182(a)(2) (insofar as an alien excludable under such section
has been convicted of an aggravated felony) or 1182(a)(3) (other than
subparagraph (E) thereof) of this title to enter the United States, or
who connives or conspires with any person or persons to allow, procure,
or permit any such alien to enter the United States, shall be fined
under title 18, or imprisoned not more than 10 years, or both.
(June 27, 1952, ch. 477, title II, ch. 8, 277, 66 Stat. 229; Nov.
18, 1988, Pub. L. 100-690, title VII, 7346(a), (c)(1), 102 Stat. 4471;
Nov. 29, 1990, Pub. L. 101-649, title V, 543(b)(4), title VI,
603(a)(16), 104 Stat. 5059, 5084.)
1990 -- Pub. L. 101-649, 603(a)(16), substituted ''1182(a)(2)
(insofar as an alien excludable under such section has been convicted of
an aggravated felony) or 1182(a)(3) (other than subparagraph (E)
thereof)'' for ''1182(a)(9), (10), (23) (insofar as an alien excludable
under any such paragraph has in addition been convicted of an aggravated
felony), (27), (28), or (29)''.
Pub. L. 101-649, 543(b)(4), substituted ''shall be fined under title
18, or imprisoned not more than 10 years'' for ''shall be guilty of a
felony, and upon conviction thereof shall be punished by a fine of not
more than $5,000 or by imprisonment for not more than five years''.
1988 -- Pub. L. 100-690 substituted ''certain aliens'' for
''subversive alien'' in section catchline and inserted ''(9), (10), (23)
(insofar as an alien excludable under any such paragraph has in addition
been convicted of an aggravated felony),'' after ''1182(a)''.
Amendment by section 543(b)(4) of Pub. L. 101-649 applicable to
actions taken after Nov. 29, 1990, see section 543(c) of Pub. L.
101-649, set out as a note under section 1221 of this title.
Amendment by section 603(a)(16) of Pub. L. 101-649 applicable to
individuals entering United States on or after June 1, 1991, see section
601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of
this title.
Section 7346(b) of Pub. L. 100-690 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to any aid or
assistance which occurs on or after the date of the enactment of this
Act (Nov. 18, 1988).''
Definition of alien, entry, and United States, see section 1101 of
this title.
08 USC 1328. Importation of alien for immoral purpose
TITLE 8 -- ALIENS AND NATIONALITY
The importation into the United States of any alien for the purpose
of prostitution, or for any other immoral purpose, is forbidden.
Whoever shall, directly or indirectly, import, or attempt to import into
the United States any alien for the purpose of prostitution or for any
other immoral purpose, or shall hold or attempt to hold any alien for
any such purpose in pursuance of such illegal importation, or shall
keep, maintain, control, support, employ, or harbor in any house or
other place, for the purpose of prostitution or for any other immoral
purpose, any alien, in pursuance of such illegal importation, shall be
fined under title 18, or imprisoned not more than 10 years, or both.
The trial and punishment of offenses under this section may be in any
district to or into which such alien is brought in pursuance of
importation by the person or persons accused, or in any district in
which a violation of any of the provisions of this section occurs. In
all prosecutions under this section, the testimony of a husband or wife
shall be admissible and competent evidence against each other.
(June 27, 1952, ch. 477, title II, ch. 8, 278, 66 Stat. 230; Nov.
29, 1990, Pub. L. 101-649, title V, 543(b)(5), 104 Stat. 5059.)
1990 -- Pub. L. 101-649 substituted ''shall be fined under title 18,
or imprisoned not more than 10 years, or both'' for ''shall, in every
such case, be guilty of a felony and upon conviction thereof shall be
punished by a fine of not more than $5,000 and by imprisonment for a
term of not more than ten years''.
Amendment by Pub. L. 101-649 applicable to actions taken after Nov.
29, 1990, see section 543(c) of Pub. L. 101-649, set out as a note
under section 1221 of this title.
Definition of alien and United States, see section 1101 of this
title.
08 USC 1329. Jurisdiction of district courts
TITLE 8 -- ALIENS AND NATIONALITY
The district courts of the United States shall have jurisdiction of
all causes, civil and criminal, arising under any of the provisions of
this subchapter. It shall be the duty of the United States attorney of
the proper district to prosecute every such suit when brought by the
United States. Notwithstanding any other law, such prosecutions or
suits may be instituted at any place in the United States at which the
violation may occur or at which the person charged with a violation
under section 1325 or 1326 of this title may be apprehended. No suit or
proceeding for a violation of any of the provisions of this subchapter
shall be settled, compromised, or discontinued without the consent of
the court in which it is pending and any such settlement, compromise, or
discontinuance shall be entered of record with the reasons therefor.
(June 27, 1952, ch. 477, title II, ch. 8, 279, 66 Stat. 230.)
Jurisdiction of all offenses against the laws of the United States,
see section 3231 of Title 18, Crimes and Criminal Procedure.
United States defined, see section 1101 of this title.
08 USC 1330. Collection of penalties and expenses
TITLE 8 -- ALIENS AND NATIONALITY
(a) Notwithstanding any other provisions of this subchapter, the
withholding or denial of clearance of or a lien upon any vessel or
aircraft provided for in section 1221, 1227, 1229, 1253, 1281, 1283,
1284, 1285, 1286, 1321, 1322, or 1323 of this title shall not be
regarded as the sole and exclusive means or remedy for the enforcement
of payments of any fine, penalty or expenses imposed or incurred under
such sections, but, in the discretion of the Attorney General, the
amount thereof may be recovered by civil suit, in the name of the United
States, from any person made liable under any of such sections.
(b) Notwithstanding section 3302 of title 31, the increase in
penalties collected resulting from the amendments made by sections
203(b), 543(a), and 544 of the Immigration Act of 1990 shall be credited
to the appropriation --
(1) for the Immigration and Naturalization Service for activities
that enhance enforcement of provisions of this subchapter, including --
(A) the identification, investigation, and apprehension of criminal
aliens,
(B) the implementation of the system described in section
1252(a)(3)(A) of this title, and
(C) for the repair, maintainance, /1/ or construction on the United
States border, in areas experiencing high levels of apprehensions of
illegal aliens, of structures to deter illegal entry into the United
States; and
(2) for the Executive Office for Immigration Review in the Department
of Justice for the purpose of removing the backlogs in the preparation
of transcripts of deportation proceedings conducted under section 1252
of this title.
(June 27, 1952, ch. 477, title II, ch. 8, 280, 66 Stat. 230; Nov.
29, 1990, Pub. L. 101-649, title V, 542(a), 104 Stat. 5057.)
Sections 203(b), 543(a), and 544 of the Immigration Act of 1990,
referred to in subsec. (b), are sections 203(b), 543(a), and 544 of
Pub. L. 101-649. Section 203(b) of the Act amended section 1281 of this
title. Section 543(a) of the Act amended sections 1221, 1227, 1229,
1284, 1285, 1286, 1287, 1321, 1322, and 1323 of this title. Section 544
of the Act enacted section 1324c of this title and amended section 1251
of this title.
1990 -- Pub. L. 101-649 designated existing provisions as subsec.
(a) and added subsec. (b).
Section 542(b) of Pub. L. 101-649 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to fines and
penalties collected on or after January 1, 1991.''
Definition of attorney general and United States, see section 1101 of
this title.
/1/ So in original. Probably should be ''maintenance,''.
08 USC Part IX -- Miscellaneous
TITLE 8 -- ALIENS AND NATIONALITY
08 USC 1351. Nonimmigrant visa fees
TITLE 8 -- ALIENS AND NATIONALITY
The fees for the furnishing and verification of applications for
visas by nonimmigrants of each foreign country and for the issuance of
visas to nonimmigrants of each foreign country shall be prescribed by
the Secretary of State, if practicable, in amounts corresponding to the
total of all visa, entry, residence, or other similar fees, taxes, or
charges assessed or levied against nationals of the United States by the
foreign countries of which such nonimmigrants are nationals or stateless
residents: Provided, That nonimmigrant visas issued to aliens coming to
the United States in transit to and from the headquarters district of
the United Nations in accordance with the provisions of the Headquarters
Agreement shall be gratis.
(June 27, 1952, ch. 477, title II, ch. 9, 281, 66 Stat. 230; Oct.
3, 1965, Pub. L. 89-236, 14, 79 Stat. 919; Oct. 21, 1968, Pub. L.
90-609, 1, 82 Stat. 1199.)
The Headquarters Agreement, referred to in text, is set out as a note
under section 287 of Title 22, Foreign Relations and Intercourse.
1968 -- Pub. L. 90-609 struck out provisions fixing statutory fees
for specified immigration and nationality benefits and services
rendered, including those pertaining to immigrant visas, reentry
permits, adjustments of status to permanent residence, creation of
record of admission for permanent residence, suspension of deportation,
extension of stay to nonimmigrants, and application for admission to
practice as attorney or representative before the Service.
1965 -- Subsec. (a). Pub. L. 89-236, 14(a), (b), designated opening
provision beginning ''The following fees shall be charged:'' and ending
with the end of par. (7) as subsec. (a) and substituted reference to
section 1154 of this title for sections 1154(b) and 1155(b) of this
title in par. (6).
Subsec. (b). Pub. L. 89-236, 14(c), added subsec. (b).
Subsec. (c). Pub. L. 89-236, 14(d), designated closing provision
consisting of the paragraph beginning ''The fees for the furnishing'' as
subsec. (c).
For effective date of amendment by Pub. L. 89-236, see section 20 of
Pub. L. 89-236, set out as a note under section 1151 of this title.
The United States has various bilateral agreements reciprocally
waiving or reducing passport fees for nonimmigrants from foreign
countries.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Attorney General, see section 1101(a)(5) of this title.
Entry, see section 1101(a)(13) of this title.
Immigrant visa, see section 1101(a)(16) of this title.
National of the United States, see section 1101(a)(22) of this title.
National, see section 1101(a)(21) of this title.
Nonimmigrant alien, see section 1101(a)(15) of this title.
Nonimmigrant visa, see section 1101(a)(26) of this title.
Residence, see section 1101(a)(33) of this title.
Service, see section 1101(a)(34) of this title.
Reentry permit, see section 1203 of this title.
08 USC 1352. Printing of reentry permits and blank forms of manifest
and crew lists; sale to public
TITLE 8 -- ALIENS AND NATIONALITY
(a) Reentry permits issued under section 1203 of this title shall be
printed on distinctive safety paper and shall be prepared and issued
under regulations prescribed by the Attorney General.
(b) The Public Printer is authorized to print for sale to the public
by the Superintendent of Documents, upon prepayment, copies of blank
forms of manifests and crew lists and such other forms as may be
prescribed and authorized by the Attorney General to be sold pursuant to
the provisions of this subchapter.
(June 27, 1952, ch. 477, title II, ch. 9, 282, 66 Stat. 231.)
Definition of the term Attorney General, see section 1101 of this
title.
08 USC 1353. Travel expenses and expense of transporting remains of
officers and employees dying outside of United States
TITLE 8 -- ALIENS AND NATIONALITY
When officers, inspectors, or other employees of the Service are
ordered to perform duties in a foreign country, or are transferred from
one station to another, in the United States or in a foreign country, or
while performing duties in any foreign country become eligible for
voluntary retirement and return to the United States, they shall be
allowed their traveling expenses in accordance with such regulations as
the Attorney General may deem advisable, and they may also be allowed,
within the discretion and under written orders of the Attorney General,
the expenses incurred for the transfer of their wives and dependent
children, their household effects and other personal property, including
the expenses for packing, crating, freight, unpacking, temporary
storage, and drayage thereof in accordance with subchapter II of chapter
57 of title 5. The expense of transporting the remains of such
officers, inspectors, or other employees who die while in, or in transit
to, a foreign country in the discharge of their official duties, to
their former homes in this country for interment, and the ordinary and
necessary expenses of such interment and of preparation for shipment,
are authorized to be paid on the written order of the Attorney General.
(June 27, 1952, ch. 477, title II, ch. 9, 283, 66 Stat. 231; Oct.
24, 1988, Pub. L. 100-525, 9(p), 102 Stat. 2621.)
1988 -- Pub. L. 100-525 substituted ''subchapter II of chapter 57 of
title 5'' for ''the Act of August 2, 1946 (60 Stat. 806; 5 U.S.C., sec.
73b-1)''.
Definition of attorney general, service, and United States, see
section 1101 of this title.
08 USC 1353a. Officers and employees; overtime services; extra
compensation; length of working day
TITLE 8 -- ALIENS AND NATIONALITY
The Attorney General shall fix a reasonable rate of extra
compensation for overtime services of immigration officers and employees
of the Immigration and Naturalization Service who may be required to
remain on duty between the hours of five o'clock postmeridian and eight
o'clock antemeridian, or on Sundays or holidays, to perform duties in
connection with the examination and landing of passengers and crews of
steamships, trains, airplanes, or other vehicles, arriving in the United
States from a foreign port by water, land, or air, such rates to be
fixed on a basis of one-half day's additional pay for each two hours or
fraction thereof of at least one hour that the overtime extends beyond
five o'clock postmeridian (but not to exceed two and one-half days' pay
for the full period from five o'clock postmeridian to eight o'clock
antemeridian) and two additional days' pay for Sunday and holiday duty;
in those ports where the customary working hours are other than those
heretofore mentioned, the Attorney General is vested with authority to
regulate the hours of such employees so as to agree with the prevailing
working hours in said ports, but nothing contained in this section shall
be construed in any manner to affect or alter the length of a working
day for such employees or the overtime pay herein fixed.
(Mar. 2, 1931, ch. 368, 1, 46 Stat. 1467; Ex. Ord. No. 6166, 14,
June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2223,
54 Stat. 1238; June 27, 1952, ch. 477, title IV, 402(i)(1), 66 Stat.
278.)
Section was not enacted as part of the Immigration and Nationality
Act which comprises this chapter.
Ex. Ord. No. 6166, is authority for the substitution of ''Immigration
and Naturalization Service'' for ''Immigration Service''; and 1940
Reorg. Plan No. V. is authority for the substitution of ''Attorney
General'' for ''Secretary of Labor.'' See note set out under section
1551 of this title.
Section was formerly classified to section 342c of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Prior thereto, section was classified to section 109a of this title.
1952 -- Act June 27, 1952, substituted ''immigration officers'' for
''inspectors''.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or the performance of any of his functions
by any of such officers, agencies, and employees by 1950 Reorg. Plan
No. 2, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set
out in the Appendix to Title 5, Government Organization and Employees.
See sections 509 and 510 of Title 28, Judiciary and Judicial Procedure.
Payment of overtime services or for Sunday or holiday work under this
section not prevented by generally applicable premium pay provisions
covering government employees, see section 5549 of Title 5, Government
Organization and Employees.
08 USC 1353b. Extra compensation; payment
TITLE 8 -- ALIENS AND NATIONALITY
The said extra compensation shall be paid by the master, owner,
agent, or consignee of such vessel or other conveyance arriving in the
United States from a foreign port to the Attorney General, who shall pay
the same to the several immigration officers and employees entitled
thereto as provided in this section and section 1353a of this title.
Such extra compensation shall be paid if such officers or employees have
been ordered to report for duty and have so reported, whether the actual
inspection or examination of passengers or crew takes place or not:
Provided, That this section shall not apply to the inspection at
designated ports of entry of passengers arriving by international
ferries, bridges, or tunnels, or by aircraft, railroad trains, or
vessels on the Great Lakes and connecting waterways, when operating on
regular schedules.
(Mar. 2, 1931, ch. 368, 2, 46 Stat. 1467; 1940 Reorg. Plan No. V,
eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238.)
Section was not enacted as part of the Immigration and Nationality
Act which comprises this chapter.
1940 Reorg. Plan No. V is authority for the substitution of
''Attorney General'' for ''Secretary of Labor.'' See note set out under
section 1551 of this title.
Section was formerly classified to section 342d of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Prior thereto, section was classified to section 109b of this title.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by 1950 Reorg. Plan No.
2, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in
the Appendix to Title 5, Government Organization and Employees. See
sections 509 and 510 of Title 28, Judiciary and Judicial Procedure.
Maximum charges for certain overtime services, notwithstanding any
other provision of law, see section 1741 of Title 49, Appendix,
Transportation.
Payment of overtime services or for Sunday or holiday work under this
section not prevented by generally applicable premium pay provisions
covering government employees, see section 5549 of Title 5, Government
Organization and Employees.
08 USC 1353c. Immigration officials; service in foreign contiguous
territory
TITLE 8 -- ALIENS AND NATIONALITY
Nothing in section 209 of title 18 relative to augmenting salaries of
Government officials from outside sources shall prevent receiving
reimbursements for services of immigration officials incident to the
inspection of aliens in foreign contiguous territory and such
reimbursement shall be credited to the appropriation, ''Immigration and
Naturalization Service -- Salaries and Expenses.''
(Mar. 4, 1921, ch. 161, 1, 41 Stat. 1424; Sept. 3, 1954, ch. 1263,
6, 68 Stat. 1227.)
''Section 209 of title 18'' substituted in text for ''section 1914 of
title 18'' on authority of section 2 of Pub. L. 87-849, Oct. 23, 1962,
76 Stat. 1126, which repealed section 1914 and supplanted it with
section 209, and which provided that exemptions from section 1914 shall
be deemed exemptions from section 209. For further details, see
Exemptions note set out under section 281 of Title 18, Crimes and
Criminal Procedure.
Section was not enacted as part of the Immigration and Nationality
Act which comprises this chapter.
Section constituted a part of section 1 of act Mar. 4, 1921, ch.
161, 41 Stat. 1424, which rendered act Mar. 3, 1917, ch. 163, 1, 39
Stat. 1106 (section 66 of former Title 5), inapplicable to immigration
officials under the circumstances stated.
Section was formerly classified to section 68 of Title 5 prior to the
general revision and enactment of Title 5, Government Organization and
Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378. Prior
thereto, section was classified to section 109c of this title.
1954 -- Act Sept. 3, 1954, amended section generally, substituting
''section 1914 of title 18'' for reference to the proviso in the Act of
March 3, 1917 (5 U.S.C. 66), and substituting ''Immigration and
Naturalization Service -- Salaries and Expenses'' for ''Expenses of
regulating immigration''.
08 USC 1353d. Disposition of money received as extra compensation
TITLE 8 -- ALIENS AND NATIONALITY
Moneys collected on or after July 1, 1941, as extra compensation for
overtime service of immigration officers and employees of the
Immigration Service pursuant to sections 1353a and 1353b of this title,
shall be deposited in the Treasury of the United States to the credit of
the appropriation for the payment of salaries, field personnel of the
Immigration and Naturalization Service, and the appropriation so
credited shall be available for the payment of such compensation.
(Aug. 22, 1940, ch. 688, 54 Stat. 858; June 27, 1952, ch. 477, title
IV, 402(i)(2), 66 Stat. 278.)
Section was not enacted as part of the Immigration and Nationality
Act which comprises this chapter.
Section was formerly classified to section 342e of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Prior thereto, section was classified to section 109d of this title.
1952 -- Act June 27, 1952, substituted ''immigration officers'' for
''inspectors''.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by 1950 Reorg. Plan No.
2, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in
the Appendix to Title 5, Government Organization and Employees. See
sections 509 and 510 of Title 28, Judiciary and Judicial Procedure.
08 USC 1354. Applicability to members of the Armed Forces
TITLE 8 -- ALIENS AND NATIONALITY
Nothing contained in this subchapter shall be construed so as to
limit, restrict, deny, or affect the coming into or departure from the
United States of an alien member of the Armed Forces of the United
States who is in the uniform of, or who bears documents identifying him
as a member of, such Armed Forces, and who is coming to or departing
from the United States under official orders or permit of such Armed
Forces: Provided, That nothing contained in this section shall be
construed to give to or confer upon any such alien any other privileges,
rights, benefits, exemptions, or immunities under this chapter, which
are not otherwise specifically granted by this chapter.
(June 27, 1952, ch. 477, title II, ch. 9, 284, 66 Stat. 232.)
Definition of alien and United States, see section 1101 of this
title.
08 USC 1355. Disposal of privileges at immigrant stations; rentals;
retail sale; disposition of receipts
TITLE 8 -- ALIENS AND NATIONALITY
(a) Subject to such conditions and limitations as the Attorney
General shall prescribe, all exclusive privileges of exchanging money,
transporting passengers or baggage, keeping eating houses, or other like
privileges in connection with any United States immigrant station, shall
be disposed of to the lowest responsible and capable bidder (other than
an alien) in accordance with the provision of section 5 of title 41 and
for the use of Government property in connection with the exercise of
such exclusive privileges a reasonable rental may be charged. The
feeding of aliens, or the furnishing of any other necessary service in
connection with any United States immigrant station, may be performed by
the Service without regard to the foregoing provisions of this
subsection if the Attorney General shall find that it would be
advantageous to the Government in terms of economy and efficiency. No
intoxicating liquors shall be sold at any immigrant station.
(b) Such articles determined by the Attorney General to be necessary
to the health and welfare of aliens detained at any immigrant station,
when not otherwise readily procurable by such aliens, may be sold at
reasonable prices to such aliens through Government canteens operated by
the Service, under such conditions and limitations as the Attorney
General shall prescribe.
(c) All rentals or other receipts accruing from the disposal of
privileges, and all moneys arising from the sale of articles through
Service-operated canteens, authorized by this section, shall be covered
into the Treasury to the credit of the appropriation for the enforcement
of this subchapter.
(June 27, 1952, ch. 477, title II, ch. 9, 285, 66 Stat. 232.)
Definition of alien, attorney general, service, and United States,
see section 1101 of this title.
08 USC 1356. Disposition of moneys collected under the provisions of
this subchapter
TITLE 8 -- ALIENS AND NATIONALITY
(a) Detention, transportation, hospitalization, and all other
expenses of detained aliens; expenses of landing stations
All moneys paid into the Treasury to reimburse the Service for
detention, transportation, hospitalization, and all other expenses of
detained aliens paid from the appropriation for the enforcement of this
chapter, and all moneys paid into the Treasury to reimburse the Service
for expenses of landing stations referred to in section 1228(b) of this
title paid by the Service from the appropriation for the enforcement of
this chapter, shall be credited to the appropriation for the enforcement
of this chapter for the fiscal year in which the expenses were incurred.
(b) Purchase of evidence
Moneys expended from appropriations for the Service for the purchase
of evidence and subsequently recovered shall be reimbursed to the
current appropriation for the Service.
(c) Fees and administrative fines and penalties; exception
Except as otherwise provided in subsection (a) and subsection (b) of
this section, or in any other provision of this subchapter, all moneys
received in payment of fees and administrative fines and penalties under
this subchapter shall be covered into the Treasury as miscellaneous
receipts: Provided, however, That all fees received from applicants
residing in the Virgin Islands of the United States, and in Guam,
required to be paid under section 1351 of this title, shall be paid over
to the Treasury of the Virgin Islands and to the Treasury of Guam,
respectively.
(d) Schedule of fees
In addition to any other fee authorized by law, the Attorney General
shall charge and collect $5 per individual for the immigration
inspection of each passenger arriving at a port of entry in the United
States, or for the preinspection of a passenger in a place outside of
the United States prior to such arrival, aboard a commercial aircraft or
commercial vessel.
(e) Limitations on fees
(1) No fee shall be charged under subsection (d) of this section for
immigration inspection or preinspection provided in connection with the
arrival of any passenger, other than aircraft passengers, whose journey
originated in the following:
(A) Canada,
(B) Mexico,
(C) a territory or possession of the United States, or
(D) any adjacent island (within the meaning of section 1101(b)(5) of
this title).
(2) No fee may be charged under subsection (d) of this section with
respect to the arrival of any passenger --
(A) who is in transit to a destination outside the United States, and
(B) for whom immigration inspection services are not provided.
(f) Collection
(1) Each person that issues a document or ticket to an individual for
transportation by a commercial vessel or commercial aircraft into the
United States shall --
(A) collect from that individual the fee charged under subsection (d)
of this section at the time the document or ticket is issued; and
(B) identify on that document or ticket the fee charged under
subsection (d) of this section as a Federal inspection fee.
(2) If --
(A) a document or ticket for transportation of a passenger into the
United States is issued in a foreign country; and
(B) the fee charged under subsection (d) of this section is not
collected at the time such document or ticket is issued;
the person providing transportation to such passenger shall collect
such fee at the time such passenger departs from the United States and
shall provide such passenger a receipt for the payment of such fee.
(3) The person who collects fees under paragraph (1) or (2) shall
remit those fees to the Attorney General at any time before the date
that is thirty-one days after the close of the calendar quarter in which
the fees are collected, except the fourth quarter payment for fees
collected from airline passengers shall be made on the date that is ten
days before the end of the fiscal year, and the first quarter payment
shall include any collections made in the preceding quarter that were
not remitted with the previous payment. Regulations issued by the
Attorney General under this subsection with respect to the collection of
the fees charged under subsection (d) of this section and the remittance
of such fees to the Treasury of the United States shall be consistent
with the regulations issued by the Secretary of the Treasury for the
collection and remittance of the taxes imposed by subchapter C of
chapter 33 of title 26, but only to the extent the regulations issued
with respect to such taxes do not conflict with the provisions of this
section.
(g) Provision of immigration inspection and preinspection services
Notwithstanding section 1353b of this title, or any other provision
of law, the immigration services required to be provided to passengers
upon arrival in the United States on scheduled airline flights shall be
adequately provided, within forty-five minutes of their presentation for
inspection, when needed and at no cost (other than the fees imposed
under subsection (d) of this section) to airlines and airline passengers
at:
(1) immigration serviced airports, and
(2) places located outside of the United States at which an
immigration officer is stationed for the purpose of providing such
immigration services.
(h) Disposition of receipts
(1)(A) There is established in the general fund of the Treasury a
separate account which shall be known as the ''Immigration User Fee
Account''. Notwithstanding any other section of this subchapter, there
shall be deposited as offsetting receipts into the Immigration User Fee
Account all fees collected under subsection (d) of this section, to
remain available until expended. At the end of each 2-year period,
beginning with the creation of this account, the Attorney General,
following a public rulemaking with opportunity for notice and comment,
shall submit a report to the Congress concerning the status of the
account, including any balances therein, and recommend any adjustment in
the prescribed fee that may be required to ensure that the receipts
collected from the fee charged for the succeeding two years equal, as
closely as possible, the cost of providing these services.
(B) Notwithstanding any other provisions of law, all civil fines or
penalties collected pursuant to sections 1321 and 1323 of this title and
all liquidated damages and expenses collected pursuant to this chapter
shall be deposited in the Immigration User Fee Account.
(2)(A) The Secretary of the Treasury shall refund out of the
Immigration User Fee Account to any appropriation the amount paid out of
such appropriation for expenses incurred by the Attorney General in
providing immigration inspection and preinspection services for
commercial aircraft or vessels and in --
(i) providing overtime immigration inspection services for commercial
aircraft or vessels;
(ii) administration of debt recovery, including the establishment and
operation of a national collections office;
(iii) expansion, operation and maintenance of information systems for
nonimmigrant control and debt collection;
(iv) detection of fraudulent documents used by passengers traveling
to the United States; and
(v) providing detention and deportation services for excludable
aliens arriving on commercial aircraft and vessels.
(B) The amounts which are required to be refunded under subparagraph
(A) shall be refunded at least quarterly on the basis of estimates made
by the Attorney General of the expenses referred to in subparagraph (A).
Proper adjustments shall be made in the amounts subsequently refunded
under subparagraph (A) to the extent prior estimates were in excess of,
or less than, the amount required to be refunded under subparagraph (A).
(i) Reimbursement
Notwithstanding any other provision of law, the Attorney General is
authorized to receive reimbursement from the owner, operator, or agent
of a private or commercial aircraft or vessel, or from any airport or
seaport authority for expenses incurred by the Attorney General in
providing immigration inspection services which are rendered at the
request of such person or authority (including the salary and expenses
of individuals employed by the Attorney General to provide such
immigration inspection services). The Attorney General's authority to
receive such reimbursement shall terminate immediately upon the
provision for such services by appropriation.
(j) Regulations
The Attorney General may prescribe such rules and regulations as may
be necessary to carry out the provisions of this section.
(k) Advisory committee
In accordance with the provisions of the Federal Advisory Committee
Act, the Attorney General shall establish an advisory committee, whose
membership shall consist of representatives from the airline and other
transportation industries who may be subject to any fee or charge
authorized by law or proposed by the Immigration and Naturalization
Service for the purpose of covering expenses incurred by the Immigration
and Naturalization Service. The advisory committee shall meet on a
periodic basis and shall advise the Attorney General on issues related
to the performance of the inspectional services of the Immigration and
Naturalization Service. This advice shall include, but not be limited
to, such issues as the time periods during which such services should be
performed, the proper number and deployment of inspection officers, the
level of fees, and the appropriateness of any proposed fee. The
Attorney General shall give substantial consideration to the views of
the advisory committee in the exercise of his duties.
(l) Report to Congress
In addition to the reporting requirements established pursuant to
subsection (h) of this section, the Attorney General shall prepare and
submit annually to the Congress, not later than March 31st of each year,
a statement of the financial condition of the ''Immigration User Fee
Account'' including beginning account balance, revenues, withdrawals and
their purpose, ending balance, projections for the ensuing fiscal year
and a full and complete workload analysis showing on a port by port
basis the current and projected need for inspectors. The statement
shall indicate the success rate of the Immigration and Naturalization
Service in meeting the forty-five minute inspection standard and shall
provide detailed statistics regarding the number of passengers inspected
within the standard, progress that is being made to expand the
utilization of United States citizen by-pass, the number of passengers
for whom the standard is not met and the length of their delay,
locational breakdown of these statistics and the steps being taken to
correct any nonconformity.
(m) Immigration Examinations Fee Account
Notwithstanding any other provisions of law, all adjudication fees as
are designated by the Attorney General in regulations shall be deposited
as offsetting receipts into a separate account entitled ''Immigration
Examinations Fee Account'' in the Treasury of the United States, whether
collected directly by the Attorney General or through clerks of courts:
Provided, however, That all fees received by the Attorney General from
applicants residing in the Virgin Islands of the United States, and in
Guam, under this subsection shall be paid over to the treasury of the
Virgin Islands and to the treasury of Guam: Provided further, That fees
for providing adjudication and naturalization services may be set at a
level that will ensure recovery of the full costs of providing all such
services, including the costs of similar services provided without
charge to asylum applicants or other immigrants. Such fees may also be
set at a level that will recover any additional costs associated with
the administration of the fees collected.
(n) Reimbursement of administrative expenses; transfer of deposits
to General Fund of United States Treasury
All deposits into the ''Immigration Examinations Fee Account'' shall
remain available until expended to the Attorney General to reimburse any
appropriation the amount paid out of such appropriation for expenses in
providing immigration adjudication and naturalization services and the
collection, safeguarding and accounting for fees deposited in and funds
reimbursed from the ''Immigration Examinations Fee Account''.
(o) Annual financial reports to Congress
The Attorney General shall prepare and submit annually to Congress
statements of financial condition of the ''Immigration Examinations Fee
Account'', including beginning account balance, revenues, withdrawals,
and ending account balance and projections for the ensuing fiscal year.
(p) Additional effective dates
The provisions set forth in subsections (m), (n), and (o) of this
section apply to adjudication and naturalization services performed and
to related fees collected on or after October 1, 1988.
(q) Land Border Inspection Fee Account
(1) Notwithstanding any other provision of law, the Attorney General
is authorized to establish, by regulation, a project under which a fee
may be charged and collected for inspection services provided at one or
more land border points of entry. Such project may include the
establishment of commuter lanes to be made available to qualified United
States citizens and aliens, as determined by the Attorney General.
(2) All of the fees collected under this subsection shall be
deposited as offsetting receipts in a separate account within the
general fund of the Treasury of the United States, to remain available
until expended. Such account shall be known as the Land Border
Inspection Fee Account.
(3)(A) The Secretary of the Treasury shall refund, at least on a
quarterly basis amounts to any appropriations for expenses incurred in
providing inspection services at land border points of entry. Such
expenses shall include --
(i) the providing of overtime inspection services;
(ii) the expansion, operation and maintenance of information systems
for nonimmigrant control;
(iii) the hire of additional permanent and temporary inspectors;
(iv) the minor construction costs associated with the addition of new
traffic lanes (with the concurrence of the General Services
Administration);
(v) the detection of fraudulent documents used by passengers
travelling to the United States;
(vi) providing for the administration of said account.
(B) The amounts required to be refunded from the Land Border
Inspection Fee Account for fiscal years 1992 and thereafter shall be
refunded in accordance with estimates made in the budget request of the
Attorney General for those fiscal years: Provided, That any proposed
changes in the amounts designated in said budget requests shall only be
made after notification to the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section 606 of
Public Law 101-162.
(4) The Attorney General will prepare and submit annually to the
Congress statements of financial condition of the Land Border
Immigration Fee Account, including beginning account balance, revenues,
withdrawals, and ending account balance and projection for the ensuing
fiscal year.
(5)(A) The program authorized in this subsection shall terminate on
September 30, 1993, unless further authorized by an Act of Congress.
(B) The provisions set forth in this subsection shall take effect 30
days after submission of a written plan by the Attorney General
detailing the proposed implementation of the project specified in
paragraph (1).
(C) If implemented, the Attorney General shall prepare and submit on
a quarterly basis, until September 30, 1993, a status report on the land
border inspection project.
(r) Breached Bond/Detention Account /1/
(1) Notwithstanding any other provision of law, there is established
in the general fund of the Treasury a separate account which shall be
known as the Breached Bond/Detention Fund (hereafter referred to as the
Fund).
(2) There shall be deposited as offsetting receipts into the Fund all
breached cash and surety bonds, in excess of $8,000,000, posted under
this chapter which are recovered by the Department of Justice.
(3) Such amounts as are deposited into the Fund shall remain
available until expended and shall be refunded out of the Fund by the
Secretary of the Treasury, at least on a quarterly basis, to the
Immigration and Naturalization Service for the following purposes --
(i) for expenses incurred in the collection of breached bonds, and
(ii) for expenses associated with the detention of illegal aliens.
(4) The amount required to be refunded from the Breached
Bond/Detention Fund for fiscal year 1994 and thereafter shall be
refunded in accordance with estimates made in the budget request of the
Attorney General for those fiscal years: Provided, That any proposed
changes in the amounts designated in said budget requests shall only be
made after notification to the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section 606 /2/ of
this Act.
(5) The Attorney General shall prepare and submit annually to the
Congress, statements of financial condition of the account, /1/
including the beginning balance, receipts, refunds to appropriations,
transfers to the general fund, and the ending balance.
(6) For fiscal year 1993 only, the Attorney General may transfer up
to $1,000,000 from the Immigration User Fee Account to the Breached
Bond/Detention Fund for initial expenses necessary to enhance collection
efforts: Provided, That any such transfers shall be refunded from the
Breached Bond/Detention Fund back to the Immigration User Fee Account by
December 31, 1993.
(June 27, 1952, ch. 477, title II, ch. 9, 286, 66 Stat. 232; Dec.
29, 1981, Pub. L. 97-116, 13, 95 Stat. 1618; Oct. 18, 1986, Pub. L.
99-500, 101(b) (title II, 205(a), formerly 205), 100 Stat. 1783-39,
1783-53, redesignated 205(a), Oct. 24, 1988, Pub. L. 100-525,
4(a)(2)(A), 102 Stat. 2615; Oct. 30, 1986, Pub. L. 99-591, 101(b)
(title II, 205), 100 Stat. 3341-39, 3341-53; Nov. 14, 1986, Pub. L.
99-653, 7(d)(1), as added Oct. 24, 1988, Pub. L. 100-525, 8(f), 102
Stat. 2617; July 11, 1987, Pub. L. 100-71, title I, 1, 101 Stat. 394;
Oct. 1, 1988, Pub. L. 100-459, title II, 209(a), 102 Stat. 2203; Oct.
24, 1988, Pub. L. 100-525, 4(a)(1), (d), 102 Stat. 2614, 2615; Nov.
21, 1989, Pub. L. 101-162, title II, 103 Stat. 1000; Nov. 5, 1990, Pub.
L. 101-515, title II, 210(a), (d), 104 Stat. 2120, 2121; Dec. 12,
1991, Pub. L. 102-232, title III, 309(a)(1)(A)(i), (B), (2), (b)(12),
105 Stat. 1757-1759; Oct. 6, 1992, Pub. L. 102-395, title I, 112, 106
Stat. 1843.)
Subchapter C of chapter 33 of title 26, referred to in subsec.
(f)(3), is classified to section 4261 et seq. of Title 26, Internal
Revenue Code.
The Federal Advisory Committee Act, referred to in subsec. (k), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
Section 606 of Public Law 101-162, referred to in subsec. (q)(3)(B),
is section 606 of Pub. L. 101-162, title VI, Nov. 21, 1989, 103 Stat.
1031, which is not classified to the Code.
Section 606 of this Act, referred to in subsec. (r)(4), probably
means section 606 of Pub. L. 102-395, title VI, Oct. 6, 1992, 106
Stat. 1873, which is not classified to the Code.
1992 -- Subsec. (r). Pub. L. 102-395 added subsec. (r).
1991 -- Subsec. (e)(1)(D). Pub. L. 102-232, 309(b)(12), made an
amendment to reference to section 1101(b)(5) of this title involving
corresponding provision of original act.
Subsec. (f)(3). Pub. L. 102-232, 309(a)(2)(B), made technical
correction to directory language of Pub. L. 101-515, 210(a)(2). See
1990 Amendment note below.
Subsec. (h)(1)(A). Pub. L. 102-232, 309(a)(2)(A)(i), inserted a
period after ''available until expended''.
Subsec. (m). Pub. L. 102-232, 309(a)(2)(A)(ii), substituted
''additional'' for ''additonal''.
Pub. L. 102-232, 309(a)(1)(A)(i)(I), made technical correction to
directory language of Pub. L. 100-459. See 1988 Amendment note below.
Subsec. (n). Pub. L. 102-232, 309(a)(1)(B), amended directory
language of Pub. L. 101-162. See 1989 Amendment note below.
Pub. L. 102-232, 309(a)(1)(A)(i)(I), made technical correction to
directory language of Pub. L. 100-459. See 1988 Amendment note below.
Subsec. (o). Pub. L. 102-232, 309(a)(1)(A)(i)(II), substituted
''shall'' for ''will''.
Pub. L. 102-232, 309(a)(1)(A)(i)(I), made technical correction to
directory language of Pub. L. 100-459. See 1988 Amendment note below.
Subsec. (p). Pub. L. 102-232, 309(a)(1)(A)(i)(I), made technical
correction to directory language of Pub. L. 100-459. See 1988 Amendment
note below.
Subsec. (q)(2). Pub. L. 102-232, 309(a)(2)(A)(iii), realigned
margin.
Subsec. (q)(3)(A). Pub. L. 102-232, 309(a)(2)(A)(iii), (iv),
inserted ''the'' after ''The Secretary of'' and realigned margin.
Subsec. (q)(5)(B). Pub. L. 102-232, 309(a)(2)(A)(v), substituted
''paragraph (1)'' for ''subsection (q)(1)''.
1990 -- Subsec. (e)(1). Pub. L. 101-515, 210(a)(1), inserted '',
other than aircraft passengers,'' after ''arrival of any passenger''.
Subsec. (f)(3). Pub. L. 101-515, 210(a)(2), as amended by Pub. L.
102-232, 309(a)(2)(B), inserted '', except the fourth quarter payment
for fees collected from airline passengers shall be made on the date
that is ten days before the end of the fiscal year, and the first
quarter payment shall include any collections made in the preceding
quarter that were not remitted with the previous payment'' after ''in
which the fees are collected''.
Subsec. (g). Pub. L. 101-515, 210(a)(3), inserted '', within
forty-five minutes of their presentation for inspection,'' before ''when
needed and''.
Subsec. (h)(1)(A). Pub. L. 101-515, 210(a)(4), substituted ''There
is established in the general fund of the Treasury a separate account
which shall be known as the 'Immigration User Fee Account'.
Notwithstanding any other section of this subchapter, there shall be
deposited as offsetting receipts into the Immigration User Fee Account
all fees collected under subsection (d) of this section, to remain
available until expended'' for ''All of the fees collected under
subsection (d) of this section shall be deposited in a separate account
within the general fund of the Treasury of the United States, to remain
available until expended. Such account shall be known as the
'Immigration User Fee Account'.''
Subsec. (l). Pub. L. 101-515, 210(a)(5), added subsec. (l).
Subsec. (m). Pub. L. 101-515, 210(d)(1), (2), inserted ''as
offsetting receipts'' after ''shall be deposited'' and inserted before
period at end '': Provided further, That fees for providing
adjudication and naturalization services may be set at a level that will
ensure recovery of the full costs of providing all such services,
including the costs of similar services provided without charge to
asylum applicants or other immigrants. Such fees may also be set at a
level that will recover any additonal (sic) costs associated with the
administration of the fees collected''.
Subsec. (q). Pub. L. 101-515, 210(d)(3), added subsec. (q).
1989 -- Subsec. (n). Pub. L. 101-162, as amended by Pub. L.
102-232, 309(a)(1)(B), struck out ''in excess of $50,000,000'' before
''shall remain available'' and struck out after first sentence ''At
least annually, deposits in the amount of $50,000,000 shall be
transferred from the 'Immigration Examinations Fee Account' to the
General Fund of the Treasury of the United States.''
1988 -- Subsec. (a). Pub. L. 100-525, 8(f), added Pub. L. 99-653,
7(d)(1). See 1986 Amendment note below.
Subsecs. (d) to (l). Pub. L. 100-525, 4(a)(2)(A), (d), amended Pub.
L. 99-500 and Pub. L. 99-591. See 1986 Amendment note below.
Subsec. (f)(3). Pub. L. 100-525, 4(a)(1)(A), substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which for
purposes of codification was translated as ''title 26'' thus requiring
no change in text.
Subsec. (g). Pub. L. 100-525, 4(a)(1)(B), substituted ''section
1353b of this title'' for ''section 1353(a) of this title''.
Subsec. (h)(1)(A). Pub. L. 100-525, 4(a)(1)(C)(i), amended that
portion of the first sentence of subpar. (A) following ''Treasury of
the United States'' so as to read '', to remain available until
expended''. See 1987 Amendment note below.
Pub. L. 100-525, 4(a)(1)(C)(ii), substituted ''Fee Account'.'' for
''Fee Account.'''
Subsec. (h)(1)(B). Pub. L. 100-525, 4(a)(1)(C)(iii)-(v), substituted
''civil fines or penalties'' for ''fines, penalties, liquidated damages
or expenses'', inserted ''and all liquidated damages and expenses
collected pursuant to this chapter'' after ''this title'', and struck
out quotation marks before and after the term ''Immigration User Fee
Account''.
Subsec. (h)(2)(A). Pub. L. 100-525, 4(a)(1)(C)(vi), substituted
''vessels and in -- '' for ''vessels and:'' in introductory provisions
and inserted ''and'' at end of cl. (iv).
Subsec. (i). Pub. L. 100-525, 4(a)(1)(D), inserted ''Reimbursement''
as heading.
Subsec. (l). Pub. L. 100-525, 4(a)(1)(E), struck out subsec. (l)
which read as follows:
''(1) The provisions of this section and the amendments made by this
section, shall apply with respect to immigration inspection services
rendered after November 30, 1986.
''(2) Fees may be charged under subsection (d) of this section only
with respect to immigration inspection services rendered in regard to
arriving passengers using transportation for which documents or tickets
were issued after November 30, 1986.''
Subsecs. (m) to (p). Pub. L. 100-459, as amended by Pub. L.
102-232, 309(a)(1)(A)(i)(I), added subsecs. (m) to (p).
1987 -- Subsec. (h)(1)(A). Pub. L. 100-71, directed the general
amendment of first sentence of section 205(h)(1)(A) of the Departments
of Commerce, Justice, and State, and the Judiciary and Related Agencies
Appropriations Act, 1987, in Pub. L. 99-500 and Pub. L. 99-591.
Section 205 of such act does not contain a subsec. (h)(1)(A) but did
enact subsec. (h)(1)(A) of this section and had such amendment been
executed to first sentence of subsec. (h)(1)(A) of this section it
would have resulted in inserting '', to remain available until
expended'' after ''Treasury of the United States''. See 1988 Amendment
note above.
1986 -- Subsec. (a). Pub. L. 99-653, 7(d)(1), as added by Pub. L.
100-525, 8(f), substituted ''section 1228(b) of this title'' for
''section 1228(c) of this title''.
Subsecs. (d) to (l). Pub. L. 99-500, 101(b) (title II, 205(a),
formerly 205), as redesignated by Pub. L. 100-525, 4(a)(2)(A), added
subsecs. (d) to (l).
Pub. L. 99-591, 101(b) (title II, 205), a corrected version of Pub.
L. 99-500, 101(b) (title II, 205(a)), was repealed by Pub. L.
100-525, 4(d), effective as of Oct. 30, 1986.
1981 -- Subsecs. (b), (c). Pub. L. 97-116 added subsec. (b),
redesignated former subsec. (b) as (c), and inserted ''and subsection
(b)'' after ''subsection (a)''.
Section 309(a)(3) of Pub. L. 102-232 provided that: ''The
amendments made by paragraph (1) (amending this section and section 1455
of this title) and (2) (amending this section) shall be effective as if
they were included in the enactment of the Department of Justice
Appropriations Act, 1989 (Pub. L. 100-459, title II) and the Department
of Justice Appropriations Act, 1990 (Pub. L. 101-162, title II),
respectively.''
Amendment by section 309(a)(1)(A)(i), (B), (2) of Pub. L. 102-232
effective with respect to allotments for fiscal years beginning with
fiscal year 1989, see section 310(2) of Pub. L. 102-232, set out as a
note under section 1101 of this title.
Section 210(b) of Pub. L. 101-515 provided that: ''The amendment
made by subsection (a)(1) of this section (amending this section) shall
apply to fees charged only with respect to immigration inspection or
preinspection services rendered in regard to arriving passengers using
transportation for which documents or tickets were issued after November
30, 1990.''
Amendment by section 4(a)(1), (2)(A) of Pub. L. 100-525 effective as
if included in enactment of Department of Justice Appropriation Act,
1987 (as contained in section 101(b) of Pub. L. 99-500), see section
4(c) of Pub. L. 100-525, set out as a note under section 1227 of this
title.
Amendment by section 8(f) of Pub. L. 100-525 effective as if
included in the enactment of the Immigration and Nationality Act
Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L.
102-232, set out as an Effective and Termination Dates of 1988
Amendments note under section 1101 of this title.
Amendment by section 7(d)(1) of Pub. L. 99-653 applicable to visas
issued, and admissions occurring, on or after Nov. 14, 1986, see
section 23(a) of Pub. L. 99-653, set out as a note under section 1101
of this title.
Pub. L. 99-500, 101(b) (title II, 205(b)), as added by Pub. L.
100-525, 4(a)(2)(B), Oct. 24, 1988, 102 Stat. 2615, provided that:
''(1) The amendments made by subsection (a) (amending this section)
shall apply with respect to immigration inspection services rendered
after November 30, 1986.
''(2) Fees may be charged under section 286(d) of the Immigration and
Nationality Act (8 U.S.C. 1356(d)) only with respect to immigration
inspection services rendered in regard to arriving passengers using
transportation for which documents or tickets were issued after November
30, 1986.''
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by the Congress, its
duration is otherwise provided by law. See section 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title
5, Government Organization and Employees.
Definition of alien and Service, see section 1101 of this title.
/1/ So in original. Probably should be ''Fund''.
/2/ See References in Text note below.
08 USC 1357. Powers of immigration officers and employees
TITLE 8 -- ALIENS AND NATIONALITY
(a) Powers without warrant
Any officer or employee of the Service authorized under regulations
prescribed by the Attorney General shall have power without warrant --
(1) to interrogate any alien or person believed to be an alien as to
his right to be or to remain in the United States;
(2) to arrest any alien who in his presence or view is entering or
attempting to enter the United States in violation of any law or
regulation made in pursuance of law regulating the admission, exclusion,
or expulsion of aliens, or to arrest any alien in the United States, if
he has reason to believe that the alien so arrested is in the United
States in violation of any such law or regulation and is likely to
escape before a warrant can be obtained for his arrest, but the alien
arrested shall be taken without unnecessary delay for examination before
an officer of the Service having authority to examine aliens as to their
right to enter or remain in the United States;
(3) within a reasonable distance from any external boundary of the
United States, to board and search for aliens any vessel within the
territorial waters of the United States and any railway car, aircraft,
conveyance, or vehicle, and within a distance of twenty-five miles from
any such external boundary to have access to private lands, but not
dwellings, for the purpose of patrolling the border to prevent the
illegal entry of aliens into the United States;
(4) to make arrests for felonies which have been committed and which
are cognizable under any law of the United States regulating the
admission, exclusion, or expulsion of aliens, if he has reason to
believe that the person so arrested is guilty of such felony and if
there is likelihood of the person escaping before a warrant can be
obtained for his arrest, but the person arrested shall be taken without
unnecessary delay before the nearest available officer empowered to
commit persons charged with offenses against the laws of the United
States; and
(5) to make arrests --
(A) for any offense against the United States, if the offense is
committed in the officer's or employee's presence, or
(B) for any felony cognizable under the laws of the United States, if
the officer or employee has reasonable grounds to believe that the
person to be arrested has committed or is committing such a felony,
if the officer or employee is performing duties relating to the
enforcement of the immigration laws at the time of the arrest and if
there is a likelihood of the person escaping before a warrant can be
obtained for his arrest.
Under regulations prescribed by the Attorney General, an officer or
employee of the Service may carry a firearm and may execute and serve
any order, warrant, subpoena, summons, or other process issued under the
authority of the United States. The authority to make arrests under
paragraph (5)(B) shall only be effective on and after the date on which
the Attorney General publishes final regulations which (i) prescribe the
categories of officers and employees of the Service who may use force
(including deadly force) and the circumstances under which such force
may be used, (ii) establish standards with respect to enforcement
activities of the Service, (iii) require that any officer or employee of
the Service is not authorized to make arrests under paragraph (5)(B)
unless the officer or employee has received certification as having
completed a training program which covers such arrests and standards
described in clause (ii), and (iv) establish an expedited, internal
review process for violations of such standards, which process is
consistent with standard agency procedure regarding confidentiality of
matters related to internal investigations.
(b) Administration of oath; taking of evidence
Any officer or employee of the Service designated by the Attorney
General, whether individually or as one of a class, shall have power and
authority to administer oaths and to take and consider evidence
concerning the privilege of any person to enter, reenter, pass through,
or reside in the United States, or concerning any matter which is
material or relevant to the enforcement of this chapter and the
administration of the Service; and any person to whom such oath has
been administered, (or who has executed an unsworn declaration,
certificate, verification, or statement under penalty of perjury as
permitted under section 1746 of title 28) under the provisions of this
chapter, who shall knowingly or willfully give false evidence or swear
(or subscribe under penalty of perjury as permitted under section 1746
of title 28) to any false statement concerning any matter referred to in
this subsection shall be guilty of perjury and shall be punished as
provided by section 1621 of title 18.
(c) Search without warrant
Any officer or employee of the Service authorized and designated
under regulations prescribed by the Attorney General, whether
individually or as one of a class, shall have power to conduct a search,
without warrant, of the person, and of the personal effects in the
possession of any person seeking admission to the United States,
concerning whom such officer or employee may have reasonable cause to
suspect that grounds exist for exclusion from the United States under
this chapter which would be disclosed by such search.
(d) Detainer of aliens for violation of controlled substances laws
In the case of an alien who is arrested by a Federal, State, or local
law enforcement official for a violation of any law relating to
controlled substances, if the official (or another official) --
(1) has reason to believe that the alien may not have been lawfully
admitted to the United States or otherwise is not lawfully present in
the United States,
(2) expeditiously informs an appropriate officer or employee of the
Service authorized and designated by the Attorney General of the arrest
and of facts concerning the status of the alien, and
(3) requests the Service to determine promptly whether or not to
issue a detainer to detain the alien,
the officer or employee of the Service shall promptly determine
whether or not to issue such a detainer. If such a detainer is issued
and the alien is not otherwise detained by Federal, State, or local
officials, the Attorney General shall effectively and expeditiously take
custody of the alien.
(e) Restriction on warrantless entry in case of outdoor agricultural
operations
Notwithstanding any other provision of this section other than
paragraph (3) of subsection (a) of this section, an officer or employee
of the Service may not enter without the consent of the owner (or agent
thereof) or a properly executed warrant onto the premises of a farm or
other outdoor agricultural operation for the purpose of interrogating a
person believed to be an alien as to the person's right to be or to
remain in the United States.
(f) Fingerprinting and photographing of certain aliens
(1) Under regulations of the Attorney General, the Commissioner shall
provide for the fingerprinting and photographing of each alien 14 years
of age or older against whom a proceeding is commenced under section
1252 of this title.
(2) Such fingerprints and photographs shall be made available to
Federal, State, and local law enforcement agencies, upon request.
(June 27, 1952, ch. 477, title II, ch. 9, 287, 66 Stat. 233; Oct.
18, 1976, Pub. L. 94-550, 7, 90 Stat. 2535; Oct. 27, 1986, Pub. L.
99-570, title I, 1751(d), 100 Stat. 3207-47; Nov. 6, 1986, Pub. L.
99-603, title I, 116, 100 Stat. 3384; Oct. 24, 1988, Pub. L. 100-525,
2(e), 5, 102 Stat. 2610, 2615; Nov. 29, 1990, Pub. L. 101-649, title
V, 503(a), (b)(1), 104 Stat. 5048, 5049; Dec. 12, 1991, Pub. L.
102-232, title III, 306(a)(3), 105 Stat. 1751.)
1991 -- Subsec. (a)(4). Pub. L. 102-232 substituted a semicolon for
comma at end.
1990 -- Subsec. (a). Pub. L. 101-649, 503(a), struck out ''and'' at
end of par. (3), substituted ''United States, and'' for ''United
States. Any such employee shall also have the power to execute any
warrant or other process issued by any officer under any law regulating
the admission, exclusion, or expulsion of aliens.'' at end of par. (4),
and added par. (5) and concluding provisions.
Subsec. (f). Pub. L. 101-649, 503(b)(1), added subsec. (f).
1988 -- Subsec. (d). Pub. L. 100-525, 5, added par. (3) and
closing provisions and struck out former par. (3) which read as
follows: ''requests the Service to determine promptly whether or not to
issue a detainer to detain the alien, the officer or employee of the
Service shall promptly determine whether or not to issue such a
detainer. If such a detainer is issued and the alien is not otherwise
detained by Federal, State, or local officials, the Attorney General
shall effectively and expeditiously take custody of the alien.''
Subsec. (e). Pub. L. 100-525, 2(e)(2), made technical amendment to
directory language of Pub. L. 99-603, 116, and redesignated the
subsec. (d) added by such 116, as (e). See 1986 Amendment note below.
1986 -- Subsec. (d). Pub. L. 99-570 added subsec. (d).
Subsec. (e). Pub. L. 99-603, as amended by Pub. L. 100-525, 2(e),
added subsec. (e), which prior to amendment by Pub. L. 100-525, was
designated as a second subsec. (d) of this section.
1976 -- Subsec. (b). Pub. L. 94-550 inserted ''(or who has executed
an unsworn declaration, certificate, verification, or statement under
penalty of perjury as permitted under section 1746 of title 28)'' after
''to whom such oath has been administered'' and ''(or subscribe under
penalty of perjury as permitted under section 1746 of title 28)'' after
''give false evidence or swear''.
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this
title.
Amendment by section 2(e) of Pub. L. 100-525 effective as if
included in enactment of Immigration Reform and Control Act of 1986,
Pub. L. 99-603, see section 2(s) of Pub. L. 100-525, set out as a note
under section 1101 of this title.
Definition of the term --
Alien, see section 1101(a)(5) of this title.
Attorney General, see section 1101(a)(5) of this title.
Entry, see section 1101(a)(13) of this title.
Immigration officer, see section 1101(a)(18) of this title.
Service, see section 1101(a)(34) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1358. Local jurisdiction over immigrant stations
TITLE 8 -- ALIENS AND NATIONALITY
The officers in charge of the various immigrant stations shall admit
therein the proper State and local officers charged with the enforcement
of the laws of the State or Territory of the United States in which any
such immigrant station is located in order that such State and local
officers may preserve the peace and make arrests for crimes under the
laws of the States and Territories. For the purpose of this section the
jurisdiction of such State and local officers and of the State and local
courts shall extend over such immigrant stations.
(June 27, 1952, ch. 477, title II, ch. 9, 288, 66 Stat. 234.)
08 USC 1359. Application to American Indians born in Canada
TITLE 8 -- ALIENS AND NATIONALITY
Nothing in this subchapter shall be construed to affect the right of
American Indians born in Canada to pass the borders of the United
States, but such right shall extend only to persons who possess at least
50 per centum of blood of the American Indian race.
(June 27, 1952, ch. 477, title II, ch. 9, 289, 66 Stat. 234.)
08 USC 1360. Establishment of central file; information from other
departments and agencies
TITLE 8 -- ALIENS AND NATIONALITY
(a) There shall be established in the office of the Commissioner, for
the use of security and enforcement agencies of the Government of the
United States, a central index, which shall contain the names of all
aliens heretofore admitted to the United States, or excluded therefrom,
insofar as such information is available from the existing records of
the Service, and the names of all aliens hereafter admitted to the
United States, or excluded therefrom, the names of their sponsors of
record, if any, and such other relevant information as the Attorney
General shall require as an aid to the proper enforcement of this
chapter.
(b) Any information in any records kept by any department or agency
of the Government as to the identity and location of aliens in the
United States shall be made available to the Service upon request made
by the Attorney General to the head of any such department or agency.
(c) The Secretary of Health and Human Services shall notify the
Attorney General upon request whenever any alien is issued a social
security account number and social security card. The Secretary shall
also furnish such available information as may be requested by the
Attorney General regarding the identity and location of aliens in the
United States.
(d) A written certification signed by the Attorney General or by any
officer of the Service designated by the Attorney General to make such
certification, that after diligent search no record or entry of a
specified nature is found to exist in the records of the Service, shall
be admissible as evidence in any proceeding as evidence that the records
of the Service contain no such record or entry, and shall have the same
effect as the testimony of a witness given in open court.
(June 27, 1952, ch. 477, title II, ch. 9, 290, 66 Stat. 234; Oct.
24, 1988, Pub. L. 100-525, 9(q), 102 Stat. 2621.)
1988 -- Subsec. (c). Pub. L. 100-525 substituted ''Secretary of
Health and Human Services'' for ''Federal Security Administrator'' and
''The Secretary'' for ''The Administrator''.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Attorney General, see section 1101(a)(5) of this title.
Commissioner, see section 1101(a)(8) of this title.
Entry, see section 1101(a)(13) of this title.
Immigration laws, see section 1101(a)(17) of this title.
Service, see section 1101(a)(34) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1361. Burden of proof upon alien
TITLE 8 -- ALIENS AND NATIONALITY
Whenever any person makes application for a visa or any other
document required for entry, or makes application for admission, or
otherwise attempts to enter the United States, the burden of proof shall
be upon such person to establish that he is eligible to receive such
visa or such document, or is not subject to exclusion under any
provision of this chapter, and, if an alien, that he is entitled to the
nonimmigrant, immigrant, special immigrant, immediate relative, or
refugee status claimed, as the case may be. If such person fails to
establish to the satisfaction of the consular officer that he is
eligible to receive a visa or other document required for entry, no visa
or other document required for entry shall be issued to such person, nor
shall such person be admitted to the United States unless he establishes
to the satisfaction of the Attorney General that he is not subject to
exclusion under any provision of this chapter. In any deportation
proceeding under Part V of this subchapter against any person, the
burden of proof shall be upon such person to show the time, place, and
manner of his entry into the United States, but in presenting such proof
he shall be entitled to the production of his visa or other entry
document, if any, and of any other documents and records, not considered
by the Attorney General to be confidential, pertaining to such entry in
the custody of the Service. If such burden of proof is not sustained,
such person shall be presumed to be in the United States in violation of
law.
(June 27, 1952, ch. 477, title II, ch. 9, 291, 66 Stat. 234; Dec.
29, 1981, Pub. L. 97-116, 18(k)(1), 95 Stat. 1620.)
1981 -- Pub. L. 97-116 substituted ''immigrant, special immigrant,
immediate relative, or refugee'' for ''quota immigrant, or nonquota
immigrant''.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Attorney General, see section 1101(a)(5) of this title.
Consular officer, see section 1101(a)(9) of this title.
Entry, see section 1101(a)(13) of this title.
Nonimmigrant alien, see section 1101(a)(15) of this title.
Profession, see section 1101(a)(32) of this title.
Service, see section 1101(a)(34) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1362. Right to counsel
TITLE 8 -- ALIENS AND NATIONALITY
In any exclusion or deportation proceedings before a special inquiry
officer and in any appeal proceedings before the Attorney General from
any such exclusion or deportation proceedings, the person concerned
shall have the privilege of being represented (at no expense to the
Government) by such counsel, authorized to practice in such proceedings,
as he shall choose.
(June 27, 1952, ch. 477, title II, ch. 9, 292, 66 Stat. 235.)
Definition of attorney general and special inquiry officer, see
section 1101 of this title.
08 USC 1363. Deposit of and interest on cash received to secure
immigration bonds
TITLE 8 -- ALIENS AND NATIONALITY
(a) Cash received by the Attorney General as security on an
immigration bond shall be deposited in the Treasury of the United States
in trust for the obligor on the bond, and shall bear interest payable at
a rate determined by the Secretary of the Treasury, except that in no
case shall the interest rate exceed 3 per centum per annum. Such
interest shall accrue from date of deposit occurring after April 27,
1966, to and including date of withdrawal or date of breach of the
immigration bond, whichever occurs first: Provided, That cash received
by the Attorney General as security on an immigration bond, and
deposited by him in the postal savings system prior to discontinuance of
the system, shall accrue interest as provided in this section from the
date such cash ceased to accrue interest under the system.
Appropriations to the Treasury Department for interest on uninvested
funds shall be available for payment of said interest.
(b) The interest accruing on cash received by the Attorney General as
security on an immigration bond shall be subject to the same disposition
as prescribed for the principal cash, except that interest accruing to
the date of breach of the immigration bond shall be paid to the obligor
on the bond.
(June 27, 1952, ch. 477, title II, ch. 9, 293, as added July 10,
1970, Pub. L. 91-313, 2, 84 Stat. 413.)
08 USC 1364. Triennial comprehensive report on immigration
TITLE 8 -- ALIENS AND NATIONALITY
(a) Triennial report
The President shall transmit to the Congress, not later than January
1, 1989, and not later than January 1 of every third year thereafter, a
comprehensive immigration-impact report.
(b) Details in each report
Each report shall include --
(1) the number and classification of aliens admitted (whether as
immediate relatives, special immigrants, refugees, or under the
preferences classifications, or as nonimmigrants), paroled, or granted
asylum, during the relevant period;
(2) a reasonable estimate of the number of aliens who entered the
United States during the period without visas or who became deportable
during the period under section 1251 of this title; and
(3) a description of the impact of admissions and other entries of
immigrants, refugees, asylees, and parolees into the United States
during the period on the economy, labor and housing markets, the
educational system, social services, foreign policy, environmental
quality and resources, the rate, size, and distribution of population
growth in the United States, and the impact on specific States and local
units of government of high rates of immigration resettlement.
(c) History and projections
The information (referred to in subsection (b) of this section)
contained in each report shall be --
(1) described for the preceding three-year period, and
(2) projected for the succeeding five-year period, based on
reasonable estimates substantiated by the best available evidence.
(d) Recommendations
The President also may include in such report any appropriate
recommendations on changes in numerical limitations or other policies
under subchapter II of this chapter bearing on the admission and entry
of such aliens to the United States.
(Pub. L. 99-603, title IV, 401, Nov. 6, 1986, 100 Stat. 3440.)
Section was enacted as part of the Immigration Reform and Control Act
of 1986, and not as part of the Immigration and Nationality Act which
comprises this chapter.
Ex. Ord. No. 12789, Feb. 10, 1992, 57 F.R. 5225, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including section 301 of title 3,
United States Code, and title IV of the Immigration Reform and Control
Act of 1986, Public Law 99-603 (''Reform Act'') (title IV of Pub. L.
99-603, Nov. 6, 1986, 100 Stat. 3440, which enacted section 1364 of this
title and provisions set out as notes under sections 1101, 1187, 1188,
1255a, and 1324a of this title), it is hereby ordered as follows:
Section 1. The Attorney General shall: (a) perform, in coordination
with the Secretary of Labor, the functions vested in the President by
section 401 of the Reform Act (8 U.S.C. 1364);
(b) perform, except for the functions in section 402(3)(A), the
functions vested in the President by section 402 of the Reform Act (8
U.S.C. 1324a note); and
(c) perform, insofar as they relate to the initial report described
in section 404(b), the functions vested in the President by section 404
of the Reform Act (8 U.S.C. 1255a note).
Sec. 2. The Secretary of Labor shall: (a) perform the functions
vested in the President by section 402(3)(A) of the Reform Act (8 U.S.C.
1324a note);
(b) perform the functions vested in the President by section 403 of
the Reform Act (8 U.S.C. 1188 note); and
(c) perform, insofar as they relate to the second report described in
section 404(c), the functions vested in the President by section 404 of
the Reform Act (8 U.S.C. 1255a note).
Sec. 3. The functions delegated by sections 1 and 2 of this order
shall be performed in accordance with the procedures set forth in OMB
Circular A-19.
Sec. 4. This order shall be effective immediately.
George Bush.
08 USC 1365. Reimbursement of States for costs of incarcerating
illegal aliens and certain Cuban nationals
TITLE 8 -- ALIENS AND NATIONALITY
(a) Reimbursement of States
Subject to the amounts provided in advance in appropriation Acts, the
Attorney General shall reimburse a State for the costs incurred by the
State for the imprisonment of any illegal alien or Cuban national who is
convicted of a felony by such State.
(b) Illegal aliens convicted of a felony
An illegal alien referred to in subsection (a) of this section is any
alien who is any alien convicted of a felony who is in the United States
unlawfully and --
(1) whose most recent entry into the United States was without
inspection, or
(2) whose most recent admission to the United States was as a
nonimmigrant and --
(A) whose period of authorized stay as a nonimmigrant expired, or
(B) whose unlawful status was known to the Government,
before the date of the commission of the crime for which the alien is
convicted.
(c) Marielito Cubans convicted of a felony
A Marielito Cuban convicted of a felony referred to in subsection (a)
of this section is a national of Cuba who --
(1) was allowed by the Attorney General to come to the United States
in 1980,
(2) after such arrival committed any violation of State or local law
for which a term of imprisonment was imposed, and
(3) at the time of such arrival and at the time of such violation was
not an alien lawfully admitted to the United States --
(A) for permanent or temporary residence, or
(B) under the terms of an immigrant visa or a nonimmigrant visa
issued,
under the laws of the United States.
(d) Authorization of Appropriation
There are authorized to be appropriated such sums as are necessary to
carry out the purposes of this section.
(e) ''State'' defined
The term 'State' has the meaning given such term in section
1101(a)(36) of this title.
(Pub. L. 99-603, title V, 501, Nov. 6, 1986, 100 Stat. 3443.)
Section was enacted as part of the Immigration Reform and Control Act
of 1986, and not as part of the Immigration and Nationality Act which
comprises this chapter.
Assistance to States and counties for costs of incarcerating certain
Cuban nationals, see section 1522(f) of this title.
08 USC SUBCHAPTER III -- NATIONALITY AND NATURALIZATION
TITLE 8 -- ALIENS AND NATIONALITY
08 USC Part I -- Nationality at Birth and Collective Naturalization
TITLE 8 -- ALIENS AND NATIONALITY
08 USC 1401. Nationals and citizens of United States at birth
TITLE 8 -- ALIENS AND NATIONALITY
The following shall be nationals and citizens of the United States at
birth:
(a) a person born in the United States, and subject to the
jurisdiction thereof;
(b) a person born in the United States to a member of an Indian,
Eskimo, Aleutian, or other aboriginal tribe: Provided, That the
granting of citizenship under this subsection shall not in any manner
impair or otherwise affect the right of such person to tribal or other
property;
(c) a person born outside of the United States and its outlying
possessions of parents both of whom are citizens of the United States
and one of whom has had a residence in the United States or one of its
outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying
possessions of parents one of whom is a citizen of the United States who
has been physically present in the United States or one of its outlying
possessions for a continuous period of one year prior to the birth of
such person, and the other of whom is a national, but not a citizen of
the United States;
(e) a person born in an outlying possession of the United States of
parents one of whom is a citizen of the United States who has been
physically present in the United States or one of its outlying
possessions for a continuous period of one year at any time prior to the
birth of such person;
(f) a person of unknown parentage found in the United States while
under the age of five years, until shown, prior to his attaining the age
of twenty-one years, not to have been born in the United States;
(g) a person born outside the geographical limits of the United
States and its outlying possessions of parents one of whom is an alien,
and the other a citizen of the United States who, prior to the birth of
such person, was physically present in the United States or its outlying
possessions for a period or periods totaling not less than five years,
at least two of which were after attaining the age of fourteen years:
Provided, That any periods of honorable service in the Armed Forces of
the United States, or periods of employment with the United States
Government or with an international organization as that term is defined
in section 288 of title 22 by such citizen parent, or any periods during
which such citizen parent is physically present abroad as the dependent
unmarried son or daughter and a member of the household of a person (A)
honorably serving with the Armed Forces of the United States, or (B)
employed by the United States Government or an international
organization as defined in section 288 of title 22, may be included in
order to satisfy the physical-presence requirement of this paragraph.
This proviso shall be applicable to persons born on or after December
24, 1952, to the same extent as if it had become effective in its
present form on that date.
(June 27, 1952, ch. 477, title III, ch. 1, 301, 66 Stat. 235; Nov.
6, 1966, Pub. L. 89-770, 80 Stat. 1322; Oct. 27, 1972, Pub. L. 92-584,
1, 3, 86 Stat. 1289; Oct. 10, 1978, Pub. L. 95-432, 1, 3, 92 Stat.
1046; Nov. 14, 1986, Pub. L. 99-653, 12, 100 Stat. 3657.)
1986 -- Subsec. (g). Pub. L. 99-653 substituted ''five years, at
least two'' for ''ten years, at least five''.
1978 -- Subsec. (a). Pub. L. 95-432, 3, struck out ''(a)'' before
''The following'' and redesignated pars. (1) to (7) as (a) to (g),
respectively.
Subsec. (b). Pub. L. 95-432, 1, struck out subsec. (b) which
provided that any person who was a national or citizen of the United
States under subsec. (a)(7) lose his nationality or citizenship unless
he be continuously physically present in the United States for a period
of not less than two years between the ages of 14 and 28 or that the
alien parent be naturalized while the child was under 18 years of age
and the child began permanent residence in the United States while under
18 years of age and that absence from the United States of less than 60
days not break the continuity of presence.
Subsec. (c). Pub. L. 95-432, 1, struck out subsec. (c) which
provided that former subsec. (b) apply to persons born abroad
subsequent to May 24, 1934, except that this not be construed to alter
the citizenship of any person born abroad subsequent to May 24, 1934
who, prior to the effective date of this chapter, had taken up residence
in the United States before attaining 16 years of age, and thereafter,
whether before or after the effective date of this chapter, complied
with the residence requirements of section 201(g) and (h) of the
Nationality Act of 1940.
Subsec. (d). Pub. L. 95-432, 1, struck out subsec. (d) which
provided that nothing in former subsec. (b) be construed to alter the
citizenship of any person who came into the United States prior to Oct.
27, 1972, and who, whether before or after Oct. 27, 1972, immediately
following such coming complied with the physical presence requirements
for retention of citizenship specified in former subsec. (b), prior to
amendment of former subsec. (b) by Pub. L. 92-584.
1972 -- Subsec. (b). Pub. L. 92-584, 1, substituted provisions that
nationals and citizens of the United States under subsec. (a)(7), lose
such status unless they are present continuously in the United States
for two years between the ages of fourteen and twenty eight years, or
the alien parent is naturalized while the child is under the age of
eighteen years and the child begins to reside permanently in the United
States while under the age of eighteen years, and that absence from the
United States of less than sixty days will not break the continuity of
presence, for provisions that such status would be lost unless the
nationals and citizens come to the United States prior to attaining
twenty three years and be present continuously in the United States for
five years, and that such presence should be between the age of fourteen
and twenty eight years.
Subsec. (d). Pub. L. 92-584, 3, added subsec. (d).
1966 -- Subsec. (a)(7). Pub. L. 89-770 authorized periods of
employment with the United States Government or with an international
organization by the citizen parent, or any periods during which the
citizen parent is physically present abroad as the dependent unmarried
son or daughter and a member of the household of a person (A) honorably
serving with the Armed Forces of the United States, or (B) employed by
the United States Government or an international organization, to be
included in order to satisfy the physical presence requirement, and
permitted the proviso to be applicable to persons born on or after
December 24, 1952.
Section 23(d) of Pub. L. 99-653, as added by Pub. L. 100-525,
8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: ''The amendment
made by section 12 (amending this section) shall apply to persons born
on or after November 14, 1986.''
Section 1 of Pub. L. 95-432 provided that the amendment made by that
section is effective Oct. 10, 1978.
Chapter effective 180 days after June 27, 1952, see section 407 of
act June 27, 1952, set out as a note under section 1101 of this title.
Alaska Statehood provisions as not conferring, terminating, or
restoring United States nationality, see section 21 of Pub. L. 85-508,
July 7, 1958, 72 Stat. 339, set out as a note preceding former section
21 of Title 48, Territories and Insular Possessions.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
National of the United States, see section 1101(a)(22) of this title.
Parent, as used in subchapters I and II of this chapter, see section
1101(b)(2) of this title.
Parent, as used in this subchapter, see section 1101(c)(2) of this
title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.
Persons born and naturalized in United States and subject to its
jurisdiction as citizens of United States and State wherein they reside,
see Const. Amend. 14, 1.
2107, 2501.
08 USC 1401a. Birth abroad before 1952 to service parent
TITLE 8 -- ALIENS AND NATIONALITY
Section 1401(g) of this title shall be considered to have been and to
be applicable to a child born outside of the United States and its
outlying possessions after January 12, 1941, and before December 24,
1952, of parents one of whom is a citizen of the United States who has
served in the Armed Forces of the United States after December 31, 1946,
and before December 24, 1952, and whose case does not come within the
provisions of section 201(g) or (i) of the Nationality Act of 1940.
(Mar. 16, 1956, ch. 85, 70 Stat. 50; Dec. 29, 1981, Pub. L. 97-116,
18(u)(2), 95 Stat. 1621.)
Section 201(g) and (i) of the Nationality Act of 1940, referred to in
text, which were repealed by act June 27, 1952, ch. 477, title IV,
403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952, provided as follows:
''The following shall be nationals and citizens of the United States
at birth:
''(g) A person born outside the United States and its outlying
possessions of parents one of whom is a citizen of the United States
who, prior to the birth of such person, has had ten years' residence in
the United States or one of its outlying possessions, at least five of
which were after attaining the age of sixteen years, the other being an
alien: Provided, That, in order to retain such citizenship, the child
must reside in the United States or its outlying possessions for a
period or periods totaling five years between the ages of thirteen and
twenty-one years: Provided further, That, if the child has not taken up
a residence in the United States or its outlying possessions by the time
he reaches the age of sixteen years, or if he resides abroad for such a
time that it becomes impossible for him to complete the five years'
residence in the United States or its outlying possessions before
reaching the age of twenty-one years, his American citizenship shall
thereupon cease.
''The preceding provisos shall not apply to a child born abroad whose
American parent is at the time of the child's birth residing abroad
solely or principally in the employment of the Government of the United
States or a bona fide American, educational, scientific, philanthropic,
religious, commercial, or financial organization, having its principal
office or place of business in the United States, or an international
agency of an official character in which the United States participates,
for which he receives a substantial compensation:
''(i) A person born outside the United States and its outlying
possessions of parents one of whom is a citizen of the United States who
has served or shall serve honorably in the armed forces of the United
States after December 7, 1941, and before the date of the termination of
hostilities in the present war as proclaimed by the President or
determined by a joint resolution by the Congress and who, prior to the
birth of such person, has had ten years' residence in the United States
or one of its outlying possessions, at least five of which were after
attaining the age of twelve years, the other being an alien: Provided,
That in order to retain such citizenship, the child must reside in the
United States or its outlying possessions for a period or periods
totaling five years between the ages of thirteen and twenty-one years:
Provided further, That, if the child has not taken up a residence in the
United States or its outlying possessions by the time he reaches the age
of sixteen years, or if he resides abroad for such a time that it
becomes impossible for him to complete the five years' residence in the
United States or its outlying possessions before reaching the age of
twenty-one years, his American citizenship shall thereupon cease.''
Section was not enacted as part of the Immigration and Nationality
Act which comprises this chapter.
1981 -- Pub. L. 97-116 substituted ''Section 1401(g)'' for ''Section
1401(a)(7)''.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
08 USC 1401b. Repealed. Pub. L. 92-584, 2, Oct. 27, 1972, 86 Stat.
1289
TITLE 8 -- ALIENS AND NATIONALITY
Section, Pub. L. 85-316, 16, Sept. 11, 1957, 71 Stat. 644,
provided that absence from the United States of less than twelve months
would not break the continuity of presence in the administration of
section 1401(b) of this title. See section 1401(b) of this title.
08 USC 1402. Persons born in Puerto Rico on or after April 11, 1899
TITLE 8 -- ALIENS AND NATIONALITY
All persons born in Puerto Rico on or after April 11, 1899, and prior
to January 13, 1941, subject to the jurisdiction of the United States,
residing on January 13, 1941, in Puerto Rico or other territory over
which the United States exercises rights of sovereignty and not citizens
of the United States under any other Act, are declared to be citizens of
the United States as of January 13, 1941. All persons born in Puerto
Rico on or after January 13, 1941, and subject to the jurisdiction of
the United States, are citizens of the United States at birth.
(June 27, 1952, ch. 477, title III, ch. 1, 302, 66 Stat. 236.)
United States defined, see section 1101 of this title.
08 USC 1403. Persons born in the Canal Zone or Republic of Panama on
or after February 26, 1904
TITLE 8 -- ALIENS AND NATIONALITY
(a) Any person born in the Canal Zone on or after February 26, 1904,
and whether before or after the effective date of this chapter, whose
father or mother or both at the time of the birth of such person was or
is a citizen of the United States, is declared to be a citizen of the
United States.
(b) Any person born in the Republic of Panama on or after February
26, 1904, and whether before or after the effective date of this
chapter, whose father or mother or both at the time of the birth of such
person was or is a citizen of the United States employed by the
Government of the United States or by the Panama Railroad Company, or
its successor in title, is declared to be a citizen of the United
States.
(June 27, 1952, ch. 477, title III, ch. 1, 303, 66 Stat. 236.)
For definition of Canal Zone, referred to in text, see section
3602(b) of Title 22, Foreign Relations and Intercourse.
The effective date of this chapter, referred to in text, is the 180th
day immediately following June 27, 1952. See section 407 of act June
27, 1952, set out as an Effective Date note under section 1101 of this
title.
Panama Railroad Company redesignated Panama Canal Company by act
Sept. 26, 1950, ch. 1049, 2(a)(2), 64 Stat. 1038. References to
Panama Canal Company in laws of the United States are deemed to refer to
Panama Canal Commission pursuant to section 3602(b)(5) of Title 22,
Foreign Relations and Intercourse.
United States defined, see section 1101 of this title.
08 USC 1404. Persons born in Alaska on or after March 30, 1867
TITLE 8 -- ALIENS AND NATIONALITY
A person born in Alaska on or after March 30, 1867, except a
noncitizen Indian, is a citizen of the United States at birth. A
noncitizen Indian born in Alaska on or after March 30, 1867, and prior
to June 2, 1924, is declared to be a citizen of the United States as of
June 2, 1924. An Indian born in Alaska on or after June 2, 1924, is a
citizen of the United States at birth.
(June 27, 1952, ch. 477, title III, ch. 1, 304, 66 Stat. 237.)
Alaska Statehood provisions as not repealing, amending, or modifying
the provisions of this section, see section 24 of Pub. L. 85-508, July
7, 1958, 72 Stat. 339, set out as a note preceding former section 21 of
Title 48, Territories and Insular Possessions.
United States defined, see section 1101 of this title.
08 USC 1405. Persons born in Hawaii
TITLE 8 -- ALIENS AND NATIONALITY
A person born in Hawaii on or after August 12, 1898, and before April
30, 1900, is declared to be a citizen of the United States as of April
30, 1900. A person born in Hawaii on or after April 30, 1900, is a
citizen of the United States at birth. A person who was a citizen of
the Republic of Hawaii on August 12, 1898, is declared to be a citizen
of the United States as of April 30, 1900.
(June 27, 1952, ch. 477, title III, ch. 1, 305, 66 Stat. 237.)
Hawaii Statehood provisions as not repealing, amending, or modifying
the provisions of this section, see section 20 of Pub. L. 86-3, Mar.
18, 1959, 73 Stat. 13, set out as a note at the beginning of chapter 3
of Title 48, Territories and Insular Possessions.
United States defined, see section 1101 of this title.
08 USC 1406. Persons living in and born in the Virgin Islands
TITLE 8 -- ALIENS AND NATIONALITY
(a) The following persons and their children born subsequent to
January 17, 1917, and prior to February 25,1927, are declared to be
citizens of the United States as of February 25, 1927:
(1) All former Danish citizens who, on January 17, 1917, resided in
the Virgin Islands of the United States, and were residing in those
islands or in the United States or Puerto Rico on February 25, 1927, and
who did not make the declaration required to preserve their Danish
citizenship by article 6 of the treaty entered into on August 4, 1916,
between the United States and Denmark, or who, having made such a
declaration have heretofore renounced or may hereafter renounce it by a
declaration before a court of record;
(2) All natives of the Virgin Islands of the United States who, on
January 17, 1917, resided in those islands, and were residing in those
islands or in the United States or Puerto Rico on February 25, 1927, and
who were not on February 25, 1927, citizens or subjects of any foreign
country;
(3) All natives of the Virgin Islands of the United States who, on
January 17, 1917, resided in the United States, and were residing in
those islands on February 25, 1927, and who were not on February 25,
1927, citizens or subjects of any foreign country; and
(4) All natives of the Virgin Islands of the United States who, on
June 28, 1932, were residing in continental United States, the Virgin
Islands of the United States, Puerto Rico, the Canal Zone, or any other
insular possession or territory of the United States, and who, on June
28, 1932, were not citizens or subjects of any foreign country,
regardless of their place of residence on January 17, 1917.
(b) All persons born in the Virgin Islands of the United States on or
after January 17, 1917, and prior to February 25, 1927, and subject to
the jurisdiction of the United States are declared to be citizens of the
United States as of February 25, 1927; and all persons born in those
islands on or after February 25, 1927, and subject to the jurisdiction
of the United States, are declared to be citizens of the United States
at birth.
(June 27, 1952, ch. 477, title III, ch. 1, 306, 66 Stat. 237.)
Definition of the term --
Child, as used in subchapters I and II of this chapter, see section
1101(b)(1) of this title.
Child, as used in this subchapter, see section 1101 (c)(1) of this
title.
United States, see section 1101(a)(38) of this title.
08 USC 1407. Persons living in and born in Guam
TITLE 8 -- ALIENS AND NATIONALITY
(a) The following persons, and their children born after April 11,
1899, are declared to be citizens of the United States as of August 1,
1950, if they were residing on August 1, 1950, on the island of Guam or
other territory over which the United States exercises rights of
sovereignty:
(1) All inhabitants of the island of Guam on April 11, 1899,
including those temporarily absent from the island on that date, who
were Spanish subjects, who after that date continued to reside in Guam
or other territory over which the United States exercises sovereignty,
and who have taken no affirmative steps to preserve or acquire foreign
nationality; and
(2) All persons born in the island of Guam who resided in Guam on
April 11, 1899, including those temporarily absent from the island on
that date, who after that date continued to reside in Guam or other
territory over which the United States exercises sovereignty, and who
have taken no affirmative steps to preserve or acquire foreign
nationality.
(b) All persons born in the island of Guam on or after April 11, 1899
(whether before or after August 1, 1950) subject to the jurisdiction of
the United States, are declared to be citizens of the United States:
Provided, That in the case of any person born before August 1, 1950, he
has taken no affirmative steps to preserve or acquire foreign
nationality.
(c) Any person hereinbefore described who is a citizen or national of
a country other than the United States and desires to retain his present
political status shall have made, prior to August 1, 1952, a declaration
under oath of such desire, said declaration to be in form and executed
in the manner prescribed by regulations. From and after the making of
such a declaration any such person shall be held not to be a national of
the United States by virtue of this chapter.
(June 27, 1952, ch. 477, title III, ch. 1, 307, 66 Stat. 237.)
Definition of the term --
Child, as used in subchapters I and II of this chapter, see section
1101(b)(1) of this title.
Child, as used in this subchapter, see section 1101(c)(1) of this
title.
National, see section 1101(a)(21) of this title.
National of the United States, see section 1101 (a)(22) of this
title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1408. Nationals but not citizens of the United States at birth
TITLE 8 -- ALIENS AND NATIONALITY
Unless otherwise provided in section 1401 of this title, the
following shall be nationals, but not citizens, of the United States at
birth:
(1) A person born in an outlying possession of the United States on
or after the date of formal acquisition of such possession;
(2) A person born outside the United States and its outlying
possessions of parents both of whom are nationals, but not citizens, of
the United States, and have had a residence in the United States, or one
of its outlying possessions prior to the birth of such person;
(3) A person of unknown parentage found in an outlying possession of
the United States while under the age of five years, until shown, prior
to his attaining the age of twenty-one years, not to have been born in
such outlying possession; and
(4) A person born outside the United States and its outlying
possessions of parents one of whom is an alien, and the other a
national, but not a citizen, of the United States who, prior to the
birth of such person, was physically present in the United States or its
outlying possessions for a period or periods totaling not less than
seven years in any continuous period of ten years --
(A) during which the national parent was not outside the United
States or its outlying possessions for a continuous period of more than
one year, and
(B) at least five years of which were after attaining the age of
fourteen years.
The proviso of section 1401(g) of this title shall apply to the
national parent under this paragraph in the same manner as it applies to
the citizen parent under that section.
(June 27, 1952, ch. 477, title III, ch. 1, 308, 66 Stat. 238; Aug.
27, 1986, Pub. L. 99-396, 15(a), 100 Stat. 842; Oct. 24, 1988, Pub. L.
100-525, 3(2), 102 Stat. 2614.)
1988 -- Par. (4). Pub. L. 100-525 amended Pub. L. 99-396. See 1986
Amendment note below.
1986 -- Par. (4). Pub. L. 99-396, as amended by Pub. L. 100-525,
added par. (4).
Section 3 of Pub. L. 100-525 provided that the amendment made by
that section is effective as if included in the enactment of Pub. L.
99-396.
Section 15(b) of Pub. L. 99-396 provided that: ''The amendment made
by subsection (a) (amending this section) shall apply to persons born
before, on, or after the date of the enactment of this Act (Aug. 27,
1986). In the case of a person born before the date of the enactment of
this Act --
''(1) the status of a national of the United States shall not be
considered to be conferred upon the person until the date the person
establishes to the satisfaction of the Secretary of State that the
person meets the requirements of section 308(4) of the Immigration and
Nationality Act (par. (4) of this section), and
''(2) the person shall not be eligible to vote in any general
election in American Samoa earlier than January 1, 1987.''
Definition of the term --
National of the United States, see section 1101(a)(22) of this title.
Parent, as used in subchapters I and II of this chapter, see section
1101(b)(2) of this title.
Parent, as used in this subchapter, see section 1101(c)(2) of this
title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1409. Children born out of wedlock
TITLE 8 -- ALIENS AND NATIONALITY
(a) The provisions of paragraphs (c), (d), (e), and (g) of section
1401 of this title, and of paragraph (2) of section 1408 of this title,
shall apply as of the date of birth to a person born out of wedlock if
--
(1) a blood relationship between the person and the father is
established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time
of the person's birth,
(3) the father (unless deceased) has agreed in writing to provide
financial support for the person until the person reaches the age of 18
years, and
(4) while the person is under the age of 18 years --
(A) the person is legitimated under the law of the person's residence
or domicile,
(B) the father acknowledges paternity of the person in writing under
oath, or
(C) the paternity of the person is established by adjudication of a
competent court.
(b) Except as otherwise provided in section 405 of this Act, the
provisions of section 1401(g) of this title shall apply to a child born
out of wedlock on or after January 13, 1941, and before December 24,
1952, as of the date of birth, if the paternity of such child is
established at any time while such child is under the age of twenty-one
years by legitimation.
(c) Notwithstanding the provision of subsection (a) of this section,
a person born, after December 23, 1952, outside the United States and
out of wedlock shall be held to have acquired at birth the nationality
status of his mother, if the mother had the nationality of the United
States at the time of such person's birth, and if the mother had
previously been physically present in the United States or one of its
outlying possessions for a continuous period of one year.
(June 27, 1952, ch. 477, title III, ch. 1, 309, 66 Stat. 238; Dec.
29, 1981, Pub. L. 97-116, 18(l), 95 Stat. 1620; Nov. 14, 1986, Pub. L.
99-653, 13, 100 Stat. 3657; Oct. 24, 1988, Pub. L. 100-525, 8(k),
9(r), 102 Stat. 2617, 2621.)
Section 405 of this Act, referred to in subsec. (b), is section 405
of act June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is set
out as a Savings Clause note under section 1101 of this title.
1988 -- Subsec. (a). Pub. L. 100-525, 8(k), amended Pub. L.
99-653. See 1986 Amendment note below.
Subsec. (b). Pub. L. 100-525, 9(r)(1), substituted ''before December
24, 1952'' for ''prior to the effective date of this chapter'' and ''at
any time'' for ''before or after the effective date of this chapter
and''.
Subsec. (c). Pub. L. 100-525, 9(r)(2), substituted ''after December
23, 1952'' for ''on or after the effective date of this chapter''.
1986 -- Subsec. (a). Pub. L. 99-653, as amended by Pub. L.
100-525, 8(k), amended subsec. (a) generally. Prior to amendment,
subsec. (a) read as follows: ''The provisions of paragraphs (c), (d),
(e), and (g) of section 1401 of this title, and of paragraph (2) of
section 1408, of this title shall apply as of the date of birth to a
child born out of wedlock on or after the effective date of this
chapter, if the paternity of such child is established while such child
is under the age of twenty-one years by legitimation.''
1981 -- Subsec. (a). Pub. L. 97-116, 18(l)(1), substituted ''(c),
(d), (e), and (g) of section 1401'' for ''(3) to (5) and (7) of section
1401(a)''.
Subsec. (b). Pub. L. 97-116, 18(l)(2), substituted ''section
1401(g)'' for ''section 1401(a)(7)''.
Amendment by section 8(k) of Pub. L. 100-525 effective as if
included in the enactment of the Immigration and Nationality Act
Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L.
102-232, set out as an Effective and Termination Dates of 1988
Amendments note under section 1101 of this title.
Section 23(e) of Pub. L. 99-653, as added by Pub. L. 100-525,
8(r), Oct. 24, 1988, 102 Stat. 2619, provided that:
''(1) Except as provided in paragraph (2)(B), the new section 309(a)
(8 U.S.C. 1409(a)) (as defined in paragraph (4)(A)) shall apply to
persons who have not attained 18 years of age as of the date of the
enactment of this Act (Nov. 14, 1986).
''(2) The old section 309(a) shall apply --
''(A) to any individual who has attained 18 years of age as of the
date of the enactment of this Act, and
''(B) any individual with respect to whom paternity was established
by legitimation before such date.
''(3) An individual who is at least 15 years of age, but under 18
years of age, as of the date of the enactment of this Act, may elect to
have the old section 309(a) apply to the individual instead of the new
section 309(a).
''(4) In this subsection:
''(A) The term 'new section 309(a)' means section 309(a) of the
Immigration and Nationality Act (8 U.S.C. 1409(a)), as amended by
section 13 of this Act (section 13 of Pub. L. 99-653) and as in effect
after the date of the enactment of this Act.
''(B) The term 'old section 309(a)' means section 309(a) of the
Immigration and Nationality Act, as in effect before the date of the
enactment of this Act.''
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Definition of the term --
Child, as used in subchapters I and II of this chapter, see section
1101(b)(1) of this title.
Child, as used in this subchapter, see section 1101(c)(1) of this
title.
National, see section 1101(a)(21) of this title.
National of the United States, see section 1101(a)(22) of this title.
08 USC Part II -- Nationality Through Naturalization
TITLE 8 -- ALIENS AND NATIONALITY
08 USC 1421. Naturalization authority
TITLE 8 -- ALIENS AND NATIONALITY
(a) Authority in Attorney General
The sole authority to naturalize persons as citizens of the United
States is conferred upon the Attorney General.
(b) Court authority to administer oaths
(1) Jurisdiction
Subject to section 1448(c) of this title --
(A) General jurisdiction
Except as provided in subparagraph (B), each applicant for
naturalization may choose to have the oath of allegiance under section
1448(a) of this title administered by the Attorney General or by an
eligible court described in paragraph (5). Each such eligible court
shall have authority to administer such oath of allegiance to persons
residing within the jurisdiction of the court.
(B) Exclusive authority
An eligible court described in paragraph (5) that wishes to have
exclusive authority to administer the oath of allegiance under section
1448(a) of this title to persons residing within the jurisdiction of the
court during the period described in paragraph (3)(A)(i) shall notify
the Attorney General of such wish and, subject to this subsection, shall
have such exclusive authority with respect to such persons during such
period.
(2) Information
(A) General information
In the case of a court exercising authority under paragraph (1), in
accordance with procedures established by the Attorney General --
(i) the applicant for naturalization shall notify the Attorney
General of the intent to be naturalized before the court, and
(ii) the Attorney General --
(I) shall forward to the court (not later than 10 days after the date
of approval of an application for naturalization in the case of a court
which has provided notice under paragraph (1)(B)) such information as
may be necessary to administer the oath of allegiance under section
1448(a) of this title, and
(II) shall promptly forward to the court a certificate of
naturalization (prepared by the Attorney General).
(B) Assignment of individuals in the case of exclusive authority
If an eligible court has provided notice under paragraph (1)(B), the
Attorney General shall inform each person (residing within the
jurisdiction of the court), at the time of the approval of the person's
application for naturalization, of --
(i) the court's exclusive authority to administer the oath of
allegiance under section 1448(a) of this title to such a person during
the period specified in paragraph (3)(A)(i), and
(ii) the date or dates (if any) under paragraph (3)(B) on which the
court has scheduled oath administration ceremonies.
If more than one eligible court in an area has provided notice under
paragraph (1)(B), the Attorney General shall permit the person, at the
time of the approval, to choose the court to which the information will
be forwarded for administration of the oath of allegiance under this
section.
(3) Scope of exclusive authority
(A) Limited period and advance notice required
The exclusive authority of a court to administer the oath of
allegiance under paragraph (1)(B) shall apply with respect to a person
--
(i) only during the 45-day period beginning on the date on which the
Attorney General certifies to the court that an applicant is eligible
for naturalization, and
(ii) only if the court has notified the Attorney General, prior to
the date of certification of eligibility, of the day or days (during
such 45-day period) on which the court has scheduled oath administration
ceremonies.
(B) Authority of Attorney General
Subject to subparagraph (C), the Attorney General shall not
administer the oath of allegiance to a person under subsection (a) of
this section during the period in which exclusive authority to
administer the oath of allegiance may be exercised by an eligible court
under this subsection with respect to that person.
(C) Waiver of exclusive authority
Notwithstanding the previous provisions of this paragraph, a court
may waive exclusive authority to administer the oath of allegiance under
section 1448(a) of this title to a person under this subsection if the
Attorney General has not provided the court with the certification
described in subparagraph (A)(i) within a reasonable time before the
date scheduled by the court for oath administration ceremonies. Upon
notification of a court's waiver of jurisdiction, the Attorney General
shall promptly notify the applicant.
(4) Issuance of certificates
The Attorney General shall provide for the issuance of certificates
of naturalization at the time of administration of the oath of
allegiance.
(5) Eligible courts
For purposes of this section, the term ''eligible court'' means --
(A) a District Court /1/ of the United States in any State, or
(B) any court of record in any State having a seal, a clerk, and
jurisdiction in actions in law or equity, or law and equity, in which
the amount in controversy is unlimited.
(c) Judicial review
A person whose application for naturalization under this subchapter
is denied, after a hearing before an immigration officer under section
1447(a) of this title, may seek review of such denial before the United
States district court for the district in which such person resides in
accordance with chapter 7 of title 5. Such review shall be de novo, and
the court shall make its own findings of fact and conclusions of law and
shall, at the request of the petitioner, conduct a hearing de novo on
the application.
(d) Sole procedure
A person may only be naturalized as a citizen of the United States in
the manner and under the conditions prescribed in this subchapter and
not otherwise.
(June 27, 1952, ch. 477, title III, ch. 2, 310, 66 Stat. 239; July
7, 1958, Pub. L. 85-508, 25, 72 Stat. 351; Mar. 18, 1959, Pub. L.
86-3, 20(c), 73 Stat. 13; Sept. 26, 1961, Pub. L. 87-301, 17, 75
Stat. 656; Oct. 24, 1988, Pub. L. 100-525, 9(s), 102 Stat. 2621; Nov.
29, 1990, Pub. L. 101-649, title IV, 401(a), 104 Stat. 5038; Dec. 12,
1991, Pub. L. 102-232, title I, 102(a), title III, 305(a), 105 Stat.
1734, 1749.)
1991 -- Subsec. (b). Pub. L. 102-232, 102(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ''An
applicant for naturalization may choose to have the oath of allegiance
under section 1448(a) of this title administered by the Attorney General
or by any district court of the United States for any State or by any
court of record in any State having a seal, a clerk, and jurisdiction in
actions in law or equity, or law and equity, in which the amount in
controversy is unlimited. The jurisdiction of all courts in this
subsection specified to administer the oath of allegiance shall extend
only to persons resident within the respective jurisdiction of such
courts.''
Pub. L. 102-232, 305(a), substituted ''district court'' for
''District Court''.
1990 -- Pub. L. 101-649 amended section generally, substituting
provisions authorizing Attorney General to naturalize persons as
citizens, for provisions granting certain courts exclusive jurisdiction
to naturalize.
1988 -- Subsec. (e). Pub. L. 100-525 struck out subsec. (e) which
read as follows: ''Notwithstanding the provisions of section 405(a),
any petition for naturalization filed on or after September 26, 1961,
shall be heard and determined in accordance with the requirements of
this subchapter.''
1961 -- Subsec. (e). Pub. L. 87-301 added subsec. (e).
1959 -- Subsec. (a). Pub. L. 86-3 struck out provisions which
conferred jurisdiction on District Court for Territory of Hawaii. See
section 91 of Title 28, Judiciary and Judicial Procedure, and notes
thereunder.
1958 -- Subsec. (a). Pub. L. 85-508 struck out provisions which
conferred jurisdiction on District Court for Territory of Alaska. See
section 81A of Title 28, which established a United States District
Court for the State of Alaska.
Section 102(c) of title I of Pub. L. 102-232 provided that: ''The
amendments made by this title (amending this section and sections 1448,
1450, and 1455 of this title) shall take effect 30 days after the date
of the enactment of this Act (Dec. 12, 1991).''
Amendment by section 305(a) of Pub. L. 102-232 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 310(1) of Pub. L. 102-232, set out as a note under
section 1101 of this title.
Section 408 of title IV of Pub. L. 101-649, as amended by Pub. L.
102-232, title III, 305(n), Dec. 12, 1991, 105 Stat. 1750, provided
that:
''(a) Effective Date. --
''(1) No new court petitions after effective date. -- No court shall
have jurisdiction, under section 310(a) of the Immigration and
Nationality Act (8 U.S.C. 1421(a)), to naturalize a person unless a
petition for naturalization with respect to that person has been filed
with the court before October 1, 1991.
''(2) Treatment of current court petitions. --
''(A) Continuation of current rules. -- Except as provided in
subparagraph (B), any petition for naturalization which may be pending
in a court on October 1, 1991, shall be heard and determined in
accordance with the requirements of law in effect when the petition was
filed.
''(B) Permitting withdrawal and consideration of application under
new rules. -- In the case of any petition for naturalization which may
be pending in any court on January 1, 1992, the petitioner may withdraw
such petition and have the petitioner's application for naturalization
considered under the amendments made by this title (amending this
section, sections 1101, 1423, 1424, 1426 to 1430, 1433, 1435 to 1440,
1441 to 1451, and 1455 of this title, and section 1429 of Title 18,
Crimes and Criminal Procedure, and repealing section 1459 of this
title), but only if the petition is withdrawn not later than 3 months
after the effective date.
''(3) General effective date. -- Except as otherwise provided in this
section, the amendments made by this title are effective as of the date
of the enactment of this Act (Nov. 29, 1990).
''(b) Interim, Final Regulations. -- The Attorney General shall
prescribe regulations (on an interim, final basis or otherwise) to
implement the amendments made by this title on a timely basis.
''(c) Continuing Duties. -- The amendments to section 339 of the
Immigration and Nationality Act (8 U.S.C. 1450) (relating to functions
and duties of clerks) shall not apply to functions and duties respecting
petitions filed before October 1, 1991.
''(d) General Savings Provisions. -- (1) Nothing contained in this
title (amending this section, sections 1101, 1423, 1424, 1426 to 1430,
1433, 1435 to 1440, 1441 to 1451, and 1455 of this title, and section
1429 of Title 18, Crimes and Criminal Procedure, repealing section 1459
of this title, and enacting provisions set out as a note under section
1440 of this title), unless otherwise specifically provided, shall be
construed to affect the validity of any declaration of intention,
petition for naturalization, certificate of naturalization,
certification of citizenship, or other document or proceeding which is
valid as of the effective date; or to affect any prosecution, suit,
action, or proceedings, civil or criminal, brought, or any status,
condition, right in process of acquisition, act, thing, liability,
obligation, or matter, civil or criminal, done or existing, as of the
effective date.
''(2) As to all such prosecutions, suits, actions, proceedings,
statutes, conditions, rights, acts, things, liabilities, obligations, or
matters, the provisions of law repealed by this title are, unless
otherwise specifically provided, hereby continued in force and effect.
''(e) Treatment of Service in Armed Forces of Foreign Country. -- The
amendments made by section 404 (amending section 1426 of this title)
(relating to treatment of service in armed forces of a foreign country)
shall take effect on the date of the enactment of this Act (Nov. 29,
1990) and shall apply to exemptions from training or service obtained
before, on, or after such date.
''(f) Filipino War Veterans. -- Section 405 (enacting provisions set
out as a note under section 1440 of this title) (relating to
naturalization of natives of the Philippines through active-duty service
under United States command during World War II) shall become effective
on May 1, 1991, without regard to whether regulations to implement such
section have been issued by such date.''
Alaska was admitted into the Union on Jan. 3, 1959, on issuance of
Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii
was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No.
3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood
Law, see Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note
preceding former section 21 of Title 48, Territories and Insular
Possessions. For Hawaii Statehood Law, see Pub. L. 86-3, Mar. 18,
1959, 73 Stat. 4, set out as a note preceding former section 491 of
Title 48.
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Naturalization, see section 1101(a)(23) of this title.
Residence, see section 1101(a)(33) of this title.
State, see section 1101(a)(36) of this title.
United States, see section 1101(a)(38) of this title.
/1/ So in original. Probably should be ''district court''.
08 USC 1422. Eligibility for naturalization
TITLE 8 -- ALIENS AND NATIONALITY
The right of a person to become a naturalized citizen of the United
States shall not be denied or abridged because of race or sex or because
such person is married.
(June 27, 1952, ch. 477, title III, ch. 2, 311, 66 Stat. 239; Oct.
24, 1988, Pub. L. 100-525, 9(t), 102 Stat. 2621.)
1988 -- Pub. L. 100-525 struck out at end ''Notwithstanding section
405(b) of this Act, this section shall apply to any person whose
petition for naturalization shall hereafter be filed, or shall have been
pending on the effective date of this chapter.''
Definition of naturalization and United States, see section 1101 of
this title.
08 USC 1423. Requirements as to understanding the English language,
history, principles and form of government of the United States
TITLE 8 -- ALIENS AND NATIONALITY
No person except as otherwise provided in this subchapter shall
hereafter be naturalized as a citizen of the United States upon his own
application who cannot demonstrate --
(1) an understanding of the English language, including an ability to
read, write, and speak words in ordinary usage in the English language:
Provided, That this requirement shall not apply to any person physically
unable to comply therewith, if otherwise qualified to be naturalized, or
to any person who, on the date of the filing of his application for
naturalization as provided in section 1445 of this title, either (A) is
over 50 years of age and has been living in the United States for
periods totaling at least 20 years subsequent to a lawful admission for
permanent residence, or (B) is over 55 years of age and has been living
in the United States for periods totaling at least 15 years subsequent
to a lawful admission for permanent residence: Provided further, That
the requirements of this section relating to ability to read and write
shall be met if the applicant can read or write simple words and phrases
to the end that a reasonable test of his literacy shall be made and that
no extraordinary or unreasonable condition shall be imposed upon the
applicant; and
(2) a knowledge and understanding of the fundamentals of the history,
and of the principles and form of government, of the United States.
(June 27, 1952, ch. 477, title III, ch. 2, 312, 66 Stat. 239; Nov.
2, 1978, Pub. L. 95-579, 3, 92 Stat. 2474; Nov. 29, 1990, Pub. L.
101-649, title IV, 403, 104 Stat. 5039; Dec. 12, 1991, Pub. L.
102-232, title III, 305(m)(2), 105 Stat. 1750.)
1991 -- Pub. L. 102-232 substituted ''application'' for ''petition''
in introductory provisions and par. (1).
1990 -- Par. (1). Pub. L. 101-649 substituted ''either (A) is over
50 years of age and has been living in the United States for periods
totaling at least 20 years subsequent to a lawful admission for
permanent residence, or (B) is over 55 years of age and has been living
in the United States for periods totaling at least 15 years subsequent
to a lawful admission for permanent residence'' for ''is over fifty
years of age and has been living in the United States for periods
totaling at least twenty years subsequent to a lawful admission for
permanent residence''.
1978 -- Par. (1). Pub. L. 95-579 substituted ''person who, on the
date of the filing of his petition for naturalization as provided in
section 1445 of this title, is over fifty years of age and has been
living in the United States for periods totaling at least twenty years
subsequent to a lawful admission for permanent residence'' for ''person
who, on the effective date of this chapter, is over fifty years of age
and has been living in the United States for periods totaling at least
twenty years''.
Section 305(m) of Pub. L. 102-232 provided that the amendment made
by that section is effective as if included in section 407(d) of the
Immigration Act of 1990, Pub. L. 101-649.
Naturalization defined, see section 1101 of this title.
08 USC 1424. Prohibition upon the naturalization of persons opposed to
government or law, or who favor totalitarian forms of government
TITLE 8 -- ALIENS AND NATIONALITY
(a) Notwithstanding the provisions of section 405(b) of this Act, no
person shall hereafter be naturalized as a citizen of the United States
--
(1) who advocates or teaches, or who is a member of or affiliated
with any organization that advocates or teaches, opposition to all
organized government; or
(2) who is a member of or affiliated with (A) the Communist Party of
the United States; (B) any other totalitarian party of the United
States; (C) the Communist Political Association; (D) the Communist or
other totalitarian party of any State of the United States, of any
foreign state, or of any political or geographical subdivision of any
foreign state; (E) any section, subsidiary, branch, affiliate, or
subdivision of any such association or party; and (F) the direct
predecessors or successors of any such association or party, regardless
of what name such group or organization may have used, may now bear, or
may hereafter adopt, unless such alien establishes that he did not have
knowledge or reason to believe at the time he became a member of or
affiliated with such an organization (and did not thereafter and prior
to the date upon which such organization was so registered or so
required to be registered have such knowledge or reason to believe) that
such organization was a Communist-front organization; or
(3) who, although not within any of the other provisions of this
section, advocates the economic, international, and governmental
doctrines of world communism or the establishment in the United States
of a totalitarian dictatorship, or who is a member of or affiliated with
any organization that advocates the economic, international, and
governmental doctrines of world communism or the establishment in the
United States of a totalitarian dictatorship, either through its own
utterances or through any written or printed publications issued or
published by or with the permission or consent of or under authority of
such organization or paid for by the funds of such organization; or
(4) who advocates or teaches or who is a member of or affiliated with
any organization that advocates or teaches (A) the overthrow by force or
violence or other unconstitutional means of the Government of the United
States or of all forms of law; or (B) the duty, necessity, or propriety
of the unlawful assaulting or killing of any officer or officers (either
of specific individuals or of officers generally) of the Government of
the United States or of any other organized government because of his or
their official character; or (C) the unlawful damage, injury, or
destruction of property; or (D) sabotage; or
(5) who writes or publishes or causes to be written or published, or
who knowingly circulates, distributes, prints, or displays, or knowingly
causes to be circulated, distributed, printed, published, or displayed,
or who knowingly has in his possession for the purpose of circulation,
publication, distribution, or display, any written or printed matter,
advocating or teaching opposition to all organized government, or
advocating (A) the overthrow by force, violence or other
unconstitutional means of the Government of the United States or of all
forms of law; or (B) the duty, necessity, or propriety of the unlawful
assaulting or killing of any officer or officers (either of specific
individuals or of officers generally) of the Government of the United
States or of any other organized government, because of his or their
official character; or (C) the unlawful damage, injury, or destruction
of property; or (D) sabotage; or (E) the economic, international, and
governmental doctrines of world communism or the establishment in the
United States of a totalitarian dictatorship; or
(6) who is a member of or affiliated with any organization that
writes, circulates, distributes, prints, publishes, or displays, or
causes to be written, circulated, distributed, printed, published, or
displayed, or that has in its possession for the purpose of circulation,
distribution, publication, issue, or display, any written or printed
matter of the character described in subparagraph (5) of this
subsection.
(b) The provisions of this section or of any other section of this
title shall not be construed as declaring that any of the organizations
referred to in this section or in any other section of this title do not
advocate the overthrow of the Government of the United States by force,
violence, or other unconstitutional means.
(c) The provisions of this section shall be applicable to any
applicant for naturalization who at any time within a period of ten
years immediately preceding the filing of the application for
naturalization or after such filing and before taking the final oath of
citizenship is, or has been found to be within any of the classes
enumerated within this section, notwithstanding that at the time the
application is filed he may not be included within such classes.
(d) Any person who is within any of the classes described in
subsection (a) of this section solely because of past membership in, or
past affiliation with, a party or organization may be naturalized
without regard to the provisions of subsection (c) of this section if
such person establishes that such membership or affiliation is or was
involuntary, or occurred and terminated prior to the attainment by such
alien of the age of sixteen years, or that such membership or
affiliation is or was by operation of law, or was for purposes of
obtaining employment, food rations, or other essentials of living and
where necessary for such purposes.
(June 27, 1952, ch. 477, title III, ch. 2, 313, 66 Stat. 240; Oct.
24, 1988, Pub. L. 100-525, 9(u), 102 Stat. 2621; Nov. 29, 1990, Pub.
L. 101-649, title IV, 407(c)(1), 104 Stat. 5041; Dec. 12, 1991, Pub.
L. 102-232, title III, 309(b)(13), 105 Stat. 1759.)
Section 405(b) of this Act, referred to in subsec. (a), is section
405(b) of act June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is
set out as a Savings Clause note under section 1101 of this title.
1991 -- Subsec. (a)(2). Pub. L. 102-232 inserted ''and'' before
''(F)'' and struck out ''; (G) who, regardless of whether he is within
any of the other provisions of this section, is a member of or
affiliated with any Communist-action organization during the time it is
registered or required to be registered under the provisions of section
786 of title 50; or (H) who, regardless of whether he is within any of
the other provisions of this section, is a member of or affiliated with
any Communist-front organization during the time it is registered or
required to be registered under section 786 of title 50'' after ''may
hereafter adopt''.
1990 -- Subsec. (c). Pub. L. 101-649 substituted ''application'' for
''petition'' wherever appearing.
1988 -- Subsec. (a)(2)(D). Pub. L. 100-525 substituted ''party of''
for ''party or''.
Section effective 180 days after June 27, 1952, see section 407 of
act June 27, 1952, set out as a note under section 1101 of this title.
Definition of the term --
Advocates, see section 1101(a)(2) of this title.
Advocating a doctrine, see section 1101(e)(1) of this title.
Advocating the doctrines of world communism, see section 1101(e)(3)
of this title.
Affiliation, see section 1101(e)(2) of this title.
Doctrine, see section 1101(a)(12) of this title.
Foreign state, see section 1101(a)(14) of this title.
Naturalization, see section 1101(a)(23) of this title.
Organization, see section 1101(a)(28) of this title.
Totalitarian party and totalitarian dictatorship, see section
1101(a)(37) of this title.
United States, see section 1101(a)(38) of this title.
World Communism, see section 1101(a)(40) of this title.
08 USC 1425. Ineligibility to naturalization of deserters from the
Armed Forces
TITLE 8 -- ALIENS AND NATIONALITY
A person who, at any time during which the United States has been or
shall be at war, deserted or shall desert the military, air, or naval
forces of the United States, or who, having been duly enrolled,
departed, or shall depart from the jurisdiction of the district in which
enrolled, or who, whether or not having been duly enrolled, went or
shall go beyond the limits of the United States, with intent to avoid
any draft into the military, air, or naval service, lawfully ordered,
shall, upon conviction thereof by a court martial or a court of
competent jurisdiction, be permanently ineligible to become a citizen of
the United States; and such deserters and evaders shall be forever
incapable of holding any office of trust or of profit under the United
States, or of exercising any rights of citizens thereof.
(June 27, 1952, ch. 477, title III, ch. 2, 314, 66 Stat. 241.)
Definition of the term --
Ineligible to citizenship, see section 1101(a)(19) of this title.
Naturalization, see section 1101(a)(23) of this title.
United States, see section 1101(a)(38) of this title.
Loss of nationality by deserting military, air or naval forces, see
section 1481 of this title.
08 USC 1426. Citizenship denied alien relieved of service in Armed
Forces because of alienage
TITLE 8 -- ALIENS AND NATIONALITY
(a) Permanent ineligibility
Notwithstanding the provisions of section 405(b) /1/ but subject to
subsection (c) of this section, any alien who applies or has applied for
exemption or discharge from training or service in the Armed Forces or
in the National Security Training Corps of the United States on the
ground that he is an alien, and is or was relieved or discharged from
such training or service on such ground, shall be permanently ineligible
to become a citizen of the United States.
(b) Conclusiveness of records
The records of the Selective Service System or of the Department of
Defense shall be conclusive as to whether an alien was relieved or
discharged from such liability for training or service because he was an
alien.
(c) Service in armed forces of foreign country
An alien shall not be ineligible for citizenship under this section
or otherwise because of an exemption from training or service in the
Armed Forces of the United States pursuant to the exercise of rights
under a treaty, if before the time of the exercise of such rights the
alien served in the Armed Forces of a foreign country of which the alien
was a national.
(June 27, 1952, ch. 477, title III, ch. 2, 315, 66 Stat. 242; Oct.
24, 1988, Pub. L. 100-525, 9(v), 102 Stat. 2621; Nov. 29, 1990, Pub.
L. 101-649, title IV, 404, 104 Stat. 5039.)
Section 405(b), referred to in subsec. (a), is section 405(b) of act
June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is set out as a
Savings Clause note under section 1101 of this title.
1990 -- Subsec. (a). Pub. L. 101-649, 404(1), inserted ''but
subject to subsection (c) of this section'' after ''section 405(b)''.
Subsec. (c). Pub. L. 101-649, 404(2), added subsec. (c).
1988 -- Subsec. (b). Pub. L. 100-525 substituted ''Department of
Defense'' for ''National Military Establishment''.
Amendment by Pub. L. 101-649 applicable to exemptions from training
or service obtained before, on, or after Nov. 29, 1990, see section
408(e) of Pub. L. 101-649, set out as a note under section 1421 of this
title.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Ineligible to citizenship, see section 1101(a)(19) of this title.
United States, see section 1101(a)(38) of this title.
National Security Training Corps, persons liable for training and
service, see section 454 of Title 50, App., War and National Defense.
/1/ See References in Text note below.
08 USC 1427. Requirements of naturalization
TITLE 8 -- ALIENS AND NATIONALITY
(a) Residence
No person, except as otherwise provided in this subchapter, shall be
naturalized unless such applicant, (1) immediately preceding the date of
filing his application for naturalization has resided continuously,
after being lawfully admitted for permanent residence, within the United
States for at least five years and during the five years immediately
preceding the date of filing his application has been physically present
therein for periods totaling at least half of that time, and who has
resided within the State or within the district of the Service in the
United States in which the applicant filed the application for at least
three months, (2) has resided continuously within the United States from
the date of the application up to the time of admission to citizenship,
and (3) during all the period referred to in this subsection has been
and still is a person of good moral character, attached to the
principles of the Constitution of the United States, and well disposed
to the good order and happiness of the United States.
(b) Absences
Absence from the United States of more than six months but less than
one year during the period for which continuous residence is required
for admission to citizenship, immediately preceding the date of filing
the application for naturalization, or during the period between the
date of filing the application and the date of any hearing under section
1447(a) of this title, shall break the continuity of such residence,
unless the applicant shall establish to the satisfaction of the Attorney
General that he did not in fact abandon his residence in the United
States during such period.
Absence from the United States for a continuous period of one year or
more during the period for which continuous residence is required for
admission to citizenship (whether preceding or subsequent to the filing
of the application for naturalization) shall break the continuity of
such residence, except that in the case of a person who has been
physically present and residing in the United States, after being
lawfully admitted for permanent residence, for an uninterrupted period
of at least one year, and who thereafter is employed by or under
contract with the Government of the United States or an American
institution of research recognized as such by the Attorney General, or
is employed by an American firm or corporation engaged in whole or in
part in the development of foreign trade and commerce of the United
States, or a subsidiary thereof more than 50 per centum of whose stock
is owned by an American firm or corporation, or is employed by a public
international organization of which the United States is a member by
treaty or statute and by which the alien was not employed until after
being lawfully admitted for permanent residence, no period of absence
from the United States shall break the continuity of residence if --
(1) prior to the beginning of such period of employment (whether such
period begins before or after his departure from the United States), but
prior to the expiration of one year of continuous absence from the
United States, the person has established to the satisfaction of the
Attorney General that his absence from the United States for such period
is to be on behalf of such Government, or for the purpose of carrying on
scientific research on behalf of such institution, or to be engaged in
the development of such foreign trade and commerce or whose residence
abroad is necessary to the protection of the property rights in such
countries in such firm or corporation, or to be employed by a public
international organization of which the United States is a member by
treaty or statute and by which the alien was not employed until after
being lawfully admitted for permanent residence; and
(2) such person proves to the satisfaction of the Attorney General
that his absence from the United States for such period has been for
such purpose.
The spouse and dependent unmarried sons and daughters who are members
of the household of a person who qualifies for the benefits of this
subsection shall also be entitled to such benefits during the period for
which they were residing abroad as dependent members of the household of
the person.
(c) Physical presence
The granting of the benefits of subsection (b) of this section shall
not relieve the applicant from the requirement of physical presence
within the United States for the period specified in subsection (a) of
this section, except in the case of those persons who are employed by,
or under contract with, the Government of the United States. In the
case of a person employed by or under contract with Central Intelligence
Agency, the requirement in subsection (b) of this section of an
uninterrupted period of at least one year of physical presence in the
United States may be complied with by such person at any time prior to
filing an application for naturalization.
(d) Moral character
No finding by the Attorney General that the applicant is not
deportable shall be accepted as conclusive evidence of good moral
character.
(e) Determination
In determining whether the applicant has sustained the burden of
establishing good moral character and the other qualifications for
citizenship specified in subsection (a) of this section, the Attorney
General shall not be limited to the applicant's conduct during the five
years preceding the filing of the application, but may take into
consideration as a basis for such determination the applicant's conduct
and acts at any time prior to that period.
(f) Persons making extraordinary contributions to national security
(1) Whenever the Director of Central Intelligence, the Attorney
General and the Commissioner of Immigration determine that an applicant
otherwise eligible for naturalization has made an extraordinary
contribution to the national security of the United States or to the
conduct of United States intelligence activities, the applicant may be
naturalized without regard to the residence and physical presence
requirements of this section, or to the prohibitions of section 1424 of
this title, and no residence within a particular State or district of
the Service in the United States shall be required: Provided, That the
applicant has continuously resided in the United States for at least one
year prior to naturalization: Provided further, That the provisions of
this subsection shall not apply to any alien described in subparagraphs
(A) through (D) of section 1253(h)(2) of this title.
(2) An applicant for naturalization under this subsection may be
administered the oath of allegiance under section 1448(a) of this title
by any district court of the United States, without regard to the
residence of the applicant. Proceedings under this subsection shall be
conducted in a manner consistent with the protection of intelligence
sources, methods and activities.
(3) The number of aliens naturalized pursuant to this subsection in
any fiscal year shall not exceed five. The Director of Central
Intelligence shall inform the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate and the Permanent Select
Committee on Intelligence and the Committee on the Judiciary of the
House of Representatives within a reasonable time prior to the filing of
each application under the provisions of this subsection.
(June 27, 1952, ch. 477, title III, ch. 2, 316, 66 Stat. 242; Dec.
29, 1981, Pub. L. 97-116, 14, 95 Stat. 1619; Dec. 4, 1985, Pub. L.
99-169, title VI, 601, 99 Stat. 1007; Nov. 29, 1990, Pub. L. 101-649,
title IV, 402, 407(c)(2), (d)(1), (e)(1), 104 Stat. 5038, 5041, 5046.)
1990 -- Subsec. (a). Pub. L. 101-649, 407(c)(2), substituted
references to applicant and application for references to petitioner and
petition wherever appearing.
Pub. L. 101-649, 402, substituted ''and who has resided within the
State or within the district of the Service in the United States in
which the applicant filed the application for at least three months''
for ''and who has resided within the State in which the petitioner filed
the petition for at least six months'' in cl. (1).
Subsec. (b). Pub. L. 101-649, 407(d)(1)(A), (B), substituted ''the
Attorney General'' for ''the court'' in first par. and subpar. (2) of
second par., and ''date of any hearing under section 1447(a) of this
title'' for ''date of final hearing'' in first par.
Pub. L. 101-649, 407(c)(2), substituted references to applicant and
application for references to petitioner and petition wherever
appearing.
Subsec. (c). Pub. L. 101-649, 407(c)(2), substituted references to
applicant and application for references to petitioner and petition
wherever appearing.
Subsec. (d). Pub. L. 101-649, 407(c)(2), substituted reference to
applicant for reference to petitioner.
Subsec. (e). Pub. L. 101-649, 407(d)(1)(C), substituted ''the
Attorney General'' for ''the court''.
Pub. L. 101-649, 407(c)(2), substituted references to applicant,
applicant's, and application for references to petitioner, petitioner's,
and petition wherever appearing.
Subsec. (f). Pub. L. 101-649, 407(e)(1), redesignated subsec. (g)
as (f) and struck out former subsec. (f) which read as follows:
''Naturalization shall not be granted to a petitioner by a
naturalization court while registration proceedings or proceedings to
require registration against an organization of which the petitioner is
a member or affiliate are pending under section 792 or 793 of title
50.''
Subsec. (f)(1). Pub. L. 101-649, 407(d)(1)(D), substituted ''within
a particular State or district of the Service in the United States'' for
''within the jurisdiction of the court''.
Pub. L. 101-649, 407(c)(2), substituted references to applicant for
references to petitioner wherever appearing.
Subsec. (f)(2). Pub. L. 101-649, 407(d)(1)(E), amended first
sentence generally. Prior to amendment, first sentence read as follows:
''A petition for naturalization may be filed pursuant to this
subsection in any district court of the United States, without regard to
the residence of the petitioner.''
Subsec. (f)(3). Pub. L. 101-649, 407(c)(2), substituted reference to
application for reference to petition.
1985 -- Subsec. (g). Pub. L. 99-169 added subsec. (g).
1981 -- Subsec. (b). Pub. L. 97-116 inserted provision that the
spouse and dependent unmarried sons and daughters who are members of the
household of a person who qualifies for the benefits of this subsection
also be entitled to such benefits during the period for which they were
residing abroad as dependent members of the household of the person.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Central Intelligence Agency, see section 403 et seq. of Title 50,
War and National Defense.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Attorney General, see section 1101(a)(5) of this title.
Lawfully admitted for permanent residence, see section 1101(a)(20) of
this title.
Naturalization, see section 1101(a)(23) of this title.
Person of good moral character, see section 1101(f) of this title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.
Proof of qualifications, see section 1446 of this title.
1439, 1441, 1445 of this title.
08 USC 1428. Temporary absence of persons performing religious duties
TITLE 8 -- ALIENS AND NATIONALITY
Any person who is authorized to perform the ministerial or priestly
functions of a religious denomination having a bona fide organization
within the United States, or any person who is engaged solely by a
religious denomination or by an interdenominational mission organization
having a bona fide organization within the United States as a
missionary, brother, nun, or sister, who (1) has been lawfully admitted
to the United States for permanent residence, (2) has at any time
thereafter and before filing an application for naturalization been
physically present and residing within the United States for an
uninterrupted period of at least one year, and (3) has heretofore been
or may hereafter be absent temporarily from the United States in
connection with or for the purpose of performing the ministerial or
priestly functions of such religious denomination, or serving as a
missionary, brother, nun, or sister, shall be considered as being
physically present and residing in the United States for the purpose of
naturalization within the meaning of section 1427(a) of this title,
notwithstanding any such absence from the United States, if he shall in
all other respects comply with the requirements of the naturalization
law. Such person shall prove to the satisfaction of the Attorney
General that his absence from the United States has been solely for the
purpose of performing the ministerial or priestly functions of such
religious denomination, or of serving as a missionary, brother, nun, or
sister.
(June 27, 1952, ch. 477, title III, ch. 2, 317, 66 Stat. 243; Nov.
29, 1990, Pub. L. 101-649, title IV, 407(c)(3), (d)(2), 104 Stat.
5041.)
1990 -- Pub. L. 101-649, 407(d)(2), struck out ''and the
naturalization court'' after ''Attorney General''.
Pub. L. 101-649, 407(c)(3), substituted ''application'' for
''petition''.
Section effective 180 days after June 27, 1952, see section 407 of
act June 27, 1952, set out as a note under section 1101 of this title.
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Lawfully admitted for permanent residence, see section 1101(a)(20) of
this title.
Naturalization, see section 1101(a)(23) of this title.
Organization, see section 1101(a)(28) of this title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1429. Prerequisite to naturalization; burden of proof
TITLE 8 -- ALIENS AND NATIONALITY
Except as otherwise provided in this subchapter, no person shall be
naturalized unless he has been lawfully admitted to the United States
for permanent residence in accordance with all applicable provisions of
this chapter. The burden of proof shall be upon such person to show
that he entered the United States lawfully, and the time, place, and
manner of such entry into the United States, but in presenting such
proof he shall be entitled to the production of his immigrant visa, if
any, or of other entry document, if any, and of any other documents and
records, not considered by the Attorney General to be confidential,
pertaining to such entry, in the custody of the Service.
Notwithstanding the provisions of section 405(b), /1/ and except as
provided in sections 1439 and 1440 of this title no person shall be
naturalized against whom there is outstanding a final finding of
deportability pursuant to a warrant of arrest issued under the
provisions of this chapter or any other Act; and no application for
naturalization shall be considered by the Attorney General if there is
pending against the applicant a deportation proceeding pursuant to a
warrant of arrest issued under the provisions of this chapter or any
other Act: Provided, That the findings of the Attorney General in
terminating deportation proceedings or in suspending the deportation of
an alien pursuant to the provisions of this chapter, shall not be deemed
binding in any way upon the Attorney General with respect to the
question of whether such person has established his eligibility for
naturalization as required by this subchapter.
(June 27, 1952, ch. 477, title III, ch. 2, 318, 66 Stat. 244; Oct.
24, 1968, Pub. L. 90-633, 4, 82 Stat. 1344; Nov. 29, 1990, Pub. L.
101-649, title IV, 407(c)(4), (d)(3), 104 Stat. 5041.)
Section 405(b), referred to in text, is section 405(b) of act June
27, 1952, ch. 477, title IV, 66 Stat. 280, which is set out as a
Savings Clause note under section 1101 of this title.
1990 -- Pub. L. 101-649, 407(d)(3), in last sentence substituted
''considered by the Attorney General'' for ''finally heard by a
naturalization court'' and ''upon the Attorney General'' for ''upon the
naturalization court''.
Pub. L. 101-649, 407(c)(4), substituted ''application'' for
''petition'' and ''applicant'' for ''petitioner''.
1968 -- Pub. L. 90-633 substituted reference to exception provided
in sections 1439 and 1440 of this title for reference to exception
provided in sections 1438 and 1439 of this title.
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Entry, see section 1101(a)(13) of this title.
Immigrant visa, see section 1101(a)(16) of this title.
Lawfully admitted for permanent residence, see section 1101(a)(20) of
this title.
Naturalization, see section 1101(a)(23) of this title.
Service, see section 1101(a)(34) of this title.
United States, see section 1101(a)(38) of this title.
/1/ See References in Text note below.
08 USC 1430. Married persons and employees of certain nonprofit
organizations
TITLE 8 -- ALIENS AND NATIONALITY
(a) Any person whose spouse is a citizen of the United States may be
naturalized upon compliance with all the requirements of this subchapter
except the provisions of paragraph (1) of section 1427(a) of this title
if such person immediately preceding the date of filing his application
for naturalization has resided continuously, after being lawfully
admitted for permanent residence, within the United States for at least
three years, and during the three years immediately preceding the date
of filing his application has been living in marital union with the
citizen spouse, who has been a United States citizen during all of such
period, and has been physically present in the United States for periods
totaling at least half of that time and has resided within the State or
the district of the Service in the United States in which the applicant
filed his application for at least three months.
(b) Any person, (1) whose spouse is (A) a citizen of the United
States, (B) in the employment of the Government of the United States, or
of an American institution of research recognized as such by the
Attorney General, or of an American firm or corporation engaged in whole
or in part in the development of foreign trade and commerce of the
United States, or a subsidiary thereof, or of a public international
organization in which the United States participates by treaty or
statute, or is authorized to perform the ministerial or priestly
functions of a religious denomination having a bona fide organization
within the United States, or is engaged solely as a missionary by a
religious denomination or by an interdenominational mission organization
having a bona fide organization within the United States, and (C)
regularly stationed abroad in such employment, and (2) who is in the
United States at the time of naturalization, and (3) who declares before
the Attorney General in good faith an intention to take up residence
within the United States immediately upon the termination of such
employment abroad of the citizen spouse, may be naturalized upon
compliance with all the requirements of the naturalization laws, except
that no prior residence or specified period of physical presence within
the United States or within a State or a district of the Service in the
United States or proof thereof shall be required.
(c) Any person who (1) is employed by a bona fide United States
incorporated nonprofit organization which is principally engaged in
conducting abroad through communications media the dissemination of
information which significantly promotes United States interests abroad
and which is recognized as such by the Attorney General, and (2) has
been so employed continuously for a period of not less than five years
after a lawful admission for permanent residence, and (3) who files his
application for naturalization while so employed or within six months
following the termination thereof, and (4) who is in the United States
at the time of naturalization, and (5) who declares before the Attorney
General in good faith an intention to take up residence within the
United States immediately upon termination of such employment, may be
naturalized upon compliance with all the requirements of this subchapter
except that no prior residence or specified period of physical presence
within the United States or any State or district of the Service in the
United States, or proof thereof, shall be required.
(d) Any person who is the surviving spouse of a United States
citizen, whose citizen spouse dies during a period of honorable service
in an active duty status in the Armed Forces of the United States and
who was living in marital union with the citizen spouse at the time of
his death, may be naturalized upon compliance with all the requirements
of this subchapter except that no prior residence or specified physical
presence within the United States, or within a State or a district of
the Service in the United States shall be required.
(June 27, 1952, ch. 477, title III, ch. 2, 319, 66 Stat. 244; Aug.
20, 1958, Pub. L. 85-697, 2, 72 Stat. 687; Dec. 18, 1967, Pub. L.
90-215, 1(a), 81 Stat. 661; June 29, 1968, Pub. L. 90-369, 82 Stat.
279; Nov. 29, 1990, Pub. L. 101-649, title IV, 407(b)(1), (c)(5),
(d)(4), 104 Stat. 5040, 5041.)
1990 -- Subsec. (a). Pub. L. 101-649, 407(c)(5), substituted
''application'' for ''petition'' wherever appearing.
Pub. L. 101-649, 407(b)(1)(A), substituted ''has resided within the
State or the district of the Service in the United States in which the
applicant filed his application for at least three months'' for ''has
resided within the State in which he filed his petition for at least six
months.''
Subsec. (b). Pub. L. 101-649, 407(d)(4)(A), substituted ''before the
Attorney General'' for ''before the naturalization court'' in cl. (3).
Pub. L. 101-649, 407(b)(1)(B), substituted ''within a State or a
district of the Service in the United States'' for ''within the
jurisdiction of the naturalization court''.
Subsec. (c). Pub. L. 101-649, 407(d)(4)(B), substituted ''Attorney
General'' for ''naturalization court'' in cl. (5).
Pub. L. 101-649, 407(c)(5), substituted ''application'' for
''petition''.
Pub. L. 101-649, 407(b)(1)(C), substituted ''district of the Service
in the United States'' for ''within the jurisdiction of the court''.
Subsec. (d). Pub. L. 101-649, 407(b)(1)(B), substituted ''within a
State or a district of the Service in the United States'' for ''within
the jurisdiction of the naturalization court''.
1968 -- Subsec. (d). Pub. L. 90-369 added subsec. (d).
1967 -- Subsec. (c). Pub. L. 90-215 added subsec. (c).
1958 -- Subsec. (b). Pub. L. 85-697 inserted provision relating to
persons performing religious duties.
Pub. L. 101-193, title V, 506, Nov. 30, 1989, 103 Stat. 1709,
provided that:
''(a) For purposes of section 319(c) of the Immigration and
Nationality Act (8 U.S.C. 1430(c)), the United States Army Russian
Institute, located in Garmisch, Federal Republic of Germany, shall be
considered to be an organization described in clause (1) of this
section.
''(b) Subsection (a) shall apply with respect to periods of
employment before, on, or after the date of the enactment of this Act
(Nov. 30, 1989).
''(c) No more than two persons per year may be naturalized based on
the provisions of subsection (a).
''(d) Each instance of naturalization based on the provisions of
subsection (a) shall be reported to the Committees on the Judiciary of
the Senate and House of Representatives and to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives prior to such
naturalization.''
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Lawfully admitted for permanent residence, see section 1101(a)(20) of
this title.
Naturalization, see section 1101(a)(23) of this title.
Residence, see section 1101(a)(33) of this title.
Spouse, see section 1101(a)(35) of this title.
United States, see section 1101(a)(38) of this title.
Unmarried, see section 1101(a)(39) of this title.
08 USC 1431. Children born outside United States of one alien and one
citizen parent; conditions for automatic citizenship
TITLE 8 -- ALIENS AND NATIONALITY
(a) A child born outside of the United States, one of whose parents
at the time of the child's birth was an alien and the other of whose
parents then was and never thereafter ceased to be a citizen of the
United States, shall, if such alien parent is naturalized, become a
citizen of the United States, when --
(1) such naturalization takes place while such child is unmarried and
under the age of eighteen years; and
(2) such child is residing in the United States pursuant to a lawful
admission for permanent residence at the time of naturalization or
thereafter and begins to reside permanently in the United States while
under the age of eighteen years.
(b) Subsection (a) of this section shall apply to an adopted child
only if the child is residing in the United States at the time of
naturalization of such adoptive parent, in the custody of his adoptive
parents, pursuant to a lawful admission for permanent residence.
(June 27, 1952, ch. 477, title III, ch. 2, 320, 66 Stat. 245; Oct.
5, 1978, Pub. L. 95-417, 4, 92 Stat. 917; Dec. 29, 1981, Pub. L.
97-116, 18(m), 95 Stat. 1620; Nov. 14, 1986, Pub. L. 99-653, 14, 100
Stat. 3657; Oct. 24, 1988, Pub. L. 100-525, 8(l), 9(w), 102 Stat.
2618, 2621.)
1988 -- Subsec. (a)(1). Pub. L. 100-525, 8(l), repealed Pub. L.
99-653, 14. See 1986 Amendment note below.
Subsec. (b). Pub. L. 100-525, 9(w), substituted ''Subsection (a)''
for ''Subsection (a)(1)''.
1986 -- Subsec. (a)(1). Pub. L. 99-653, 14, which inserted
''unmarried and'' after ''such child is'', was repealed by Pub. L.
100-525, 8(l).
1981 -- Subsec. (b). Pub. L. 97-116 substituted ''an adopted child
only if the child'' for ''a child adopted while under the age of sixteen
years who''.
1978 -- Subsec. (a). Pub. L. 95-417 substituted in pars. (1) and
(2) ''eighteen years'' for ''sixteen years''.
Subsec. (b). Pub. L. 95-417 substituted provisions making subsec.
(a)(1) of this section applicable to adopted children for provisions
making subsec. (a) of this section inapplicable to adopted children.
Amendment by section 8(l) of Pub. L. 100-525 effective as if
included in the enactment of the Immigration and Nationality Act
Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L.
102-232, set out as an Effective and Termination Dates of 1988
Amendments note under section 1101 of this title.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Child, as used in subchapters I and II of this chapter, see section
1101(b)(1) of this title.
Child, as used in this subchapter, see section 1101(c)(1) of this
title.
Lawfully admitted for permanent residence, see section 1101(a)(20) of
this title.
Naturalization, see section 1101(a)(23) of this title.
Parent, as used in subchapters I and II of this chapter, see section
1101(b)(2) of this title.
Parent, as used in this subchapter, see section 1101(c)(2) of this
title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1432. Children born outside of United States of alien parents;
conditions for automatic citizenship
TITLE 8 -- ALIENS AND NATIONALITY
(a) A child born outside of the United States of alien parents, or of
an alien parent and a citizen parent who has subsequently lost
citizenship of the United States, becomes a citizen of the United States
upon fulfillment of the following conditions:
(1) The naturalization of both parents; or
(2) The naturalization of the surviving parent if one of the parents
is deceased; or
(3) The naturalization of the parent having legal custody of the
child when there has been a legal separation of the parents or the
naturalization of the mother if the child was born out of wedlock and
the paternity of the child has not been established by legitimation;
and if
(4) Such naturalization takes place while such child is unmarried and
under the age of eighteen years; and
(5) Such child is residing in the United States pursuant to a lawful
admission for permanent residence at the time of the naturalization of
the parent last naturalized under clause (1) of this subsection, or the
parent naturalized under clause (2) or (3) of this subsection, or
thereafter begins to reside permanently in the United States while under
the age of eighteen years.
(b) Subsection (a) of this section shall apply to an adopted child
only if the child is residing in the United States at the time of
naturalization of such adoptive parent or parents, in the custody of his
adoptive parent or parents, pursuant to a lawful admission for permanent
residence.
(June 27, 1952, ch. 477, title III, ch. 2, 321, 66 Stat. 245; Oct.
5, 1978, Pub. L. 95-417, 5, 92 Stat. 918; Dec. 29, 1981, Pub. L.
97-116, 18(m), 95 Stat. 1620; Nov. 14, 1986, Pub. L. 99-653, 15, 100
Stat. 3658; Oct. 24, 1988, Pub. L. 100-525, 8(l), 102 Stat. 2618.)
1988 -- Subsec. (a)(4). Pub. L. 100-525 repealed Pub. L. 99-653,
15. See 1986 Amendment note below.
1986 -- Subsec. (a)(4). Pub. L. 99-653, 15, which inserted
''unmarried and'' after ''such child is'', was repealed by Pub. L.
100-525.
1981 -- Subsec. (b). Pub. L. 97-116 substituted ''an adopted child
only if the child'' for ''a child adopted while under the age of sixteen
years who''.
1978 -- Subsec. (a). Pub. L. 95-417 substituted in pars. (4) and
(5) ''eighteen years'' for ''sixteen years''.
Subsec. (b). Pub. L. 95-417 substituted provisions making subsec.
(a) of this section applicable to adopted children for provisions making
subsec. (a) of this section inapplicable to adopted children.
Amendment by Pub. L. 100-525 effective as if included in the
enactment of the Immigration and Nationality Act Amendments of 1986,
Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as
an Effective and Termination Dates of 1988 Amendments note under section
1101 of this title.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Child, as used in subchapters I and II of this chapter, see section
1101(b)(1) of this title.
Child, as used in this subchapter, see section 1101(c)(1) of this
title.
Lawfully admitted for permanent residence, see section 1101(a)(20) of
this title.
Naturalization, see section 1101(a)(23) of this title.
Parent, as used in subchapters I and II of this chapter, see section
1101(b)(2) of this title.
Parent, as used in this subchapter, see section 1101(c)(2) of this
title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1433. Children born outside United States
TITLE 8 -- ALIENS AND NATIONALITY
(a) Naturalization on application of citizen parents; requirements
A child born outside of the United States, one or both of whose
parents is at the time of applying for the naturalization of the child,
a citizen of the United States, either by birth or naturalization, may
be naturalized if unmarried and under the age of eighteen years and not
otherwise disqualified from becoming a citizen by reason of section
1424, 1425, 1426, or 1429 of this title, and if residing permanently in
the United States, with the citizen parent, pursuant to a lawful
admission for permanent residence, on the application of such citizen
parent, upon compliance with all the provisions of this subchapter,
except that no particular period of residence or physical presence in
the United States shall be required. If the child is of tender years he
may be presumed to be of good moral character, attached to the
principles of the Constitution, and well disposed to the good order and
happiness of the United States.
(b) Adopted children
Subsection (a) of this section shall apply to an adopted child only
if the child is residing in the United States, in the custody of the
adoptive parent or parents, pursuant to a lawful admission for permanent
residence.
(c) Specified period of residence for adopted children; waiver of
proof; requirements
In the case of an adopted child (1) who is in the United States at
the time of naturalization, and (2) one of whose adoptive parents (A)
applies for naturalization of the child under this section, (B) meets
the criteria of clauses (A), (B), and (C) of section 1430(b)(1) of this
title, and (C) declares before the Attorney General in good faith an
intention to take up residence within the United States immediately upon
the termination of the employment described in section 1430(b)(1)(B) of
this title, no specified period of residence within a State or a
district of the Service in the United States or proof thereof shall be
required.
(June 27, 1952, ch. 477, title III, ch. 2, 322, 66 Stat. 246; Oct.
5, 1978, Pub. L. 95-417, 6, 92 Stat. 918; Dec. 29, 1981, Pub. L.
97-116, 18(m), (n), 95 Stat. 1620, 1621; Nov. 14, 1986, Pub. L.
99-653, 16, 100 Stat. 3658; Oct. 24, 1988, Pub. L. 100-525, 8(l), 102
Stat. 2618; Nov. 29, 1990, Pub. L. 101-649, title IV, 407(b)(2),
(c)(6), (d)(5), 104 Stat. 5040-5042; Dec. 12, 1991, Pub. L. 102-232,
title III, 305(m)(3), 105 Stat. 1750.)
1991 -- Pub. L. 102-232 amended section catchline.
1990 -- Subsec. (a). Pub. L. 101-649, 407(c)(6), substituted
''applying'' for ''petitioning'' and ''application'' for ''petition''.
Subsec. (c). Pub. L. 101-649, 407(d)(5), substituted ''Attorney
General'' for first reference to ''naturalization court'' in cl.
(2)(C).
Pub. L. 101-649, 407(c)(6), substituted ''applies'' for
''petitions''.
Pub. L. 101-649, 407(b)(2), substituted ''within a State or a
district of the Service in the United States'' for ''within the
jurisdiction of the naturalization court''.
1988 -- Subsec. (a). Pub. L. 100-525 repealed Pub. L. 99-653, 16.
See 1986 Amendment note below.
1986 -- Subsec. (a). Pub. L. 99-653, 16, which inserted ''unmarried
and'' after ''be naturalized if'', was repealed by Pub. L. 100-525.
1981 -- Subsec. (b). Pub. L. 97-116, 18(m), substituted ''an
adopted child only if the child'' for ''a child adopted while under the
age of sixteen years who''.
Subsec. (c). Pub. L. 97-116, 18(n), added subsec. (c).
1978 -- Subsec. (b). Pub. L. 95-417 substituted provisions making
subsec. (a) of this section applicable to adopted children for
provisions making subsec. (a) of this section inapplicable to adopted
children.
Section 305(m) of Pub. L. 102-232 provided that the amendment made
by that section is effective as if included in section 407(d) of the
Immigration Act of 1990, Pub. L. 101-649.
Amendment by Pub. L. 100-525 effective as if included in the
enactment of the Immigration and Nationality Act Amendments of 1986,
Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as
an Effective and Termination Dates of 1988 Amendments note under section
1101 of this title.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Definition of the term --
Child, as used in subchapters I and II of this chapter, see section
1101(b)(1) of this title.
Child, as used in this subchapter, see section 1101(c)(1) of this
title.
Lawfully admitted for permanent residence, see section 1101(a)(20) of
this title.
Naturalization, see section 1101(a)(23) of this title.
Parent, as used in subchapters I and II of this chapter, see section
1101(b)(2) of this title.
Parent, as used in this subchapter, see section 1101(c)(2) of this
title.
Person of good moral character, see section 1101(f) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1434. Repealed. Pub. L. 95-417, 7, Oct. 5, 1978, 92 Stat.
918
TITLE 8 -- ALIENS AND NATIONALITY
Section, acts June 27, 1952, ch. 477, title III, ch. 2, 323, 66
Stat. 246; Sept. 11, 1957, Pub. L. 85-316, 11, 71 Stat. 642; Aug.
20, 1958, Pub. L. 85-697, 1, 72 Stat. 687, related to citizenship of
children adopted by citizens.
08 USC 1435. Former citizens regaining citizenship
TITLE 8 -- ALIENS AND NATIONALITY
(a) Requirements
Any person formerly a citizen of the United States who (1) prior to
September 22, 1922, lost United States citizenship by marriage to an
alien, or by the loss of United States citizenship of such person's
spouse, or (2) on or after September 22, 1922, lost United States
citizenship by marriage to an alien ineligible to citizenship, may if no
other nationality was acquired by an affirmative act of such person
other than by marriage be naturalized upon compliance with all
requirements of this subchapter, except --
(1) no period of residence or specified period of physical presence
within the United States or within the State or district of the Service
in the United States where the application is filed shall be required;
and
(2) the application need not set forth that it is the intention of
the applicant to reside permanently within the United States.
Such person, or any person who was naturalized in accordance with the
provisions of section 317(a) of the Nationality Act of 1940, shall have,
from and after her naturalization, the status of a native-born or
naturalized citizen of the United States, whichever status existed in
the case of such person prior to the loss of citizenship: Provided,
That nothing contained herein or in any other provision of law shall be
construed as conferring United States citizenship retroactively upon
such person, or upon any person who was naturalized in accordance with
the provisions of section 317(a) of the Nationality Act of 1940, during
any period in which such person was not a citizen.
(b) Additional requirements
No person who is otherwise eligible for naturalization in accordance
with the provisions of subsection (a) of this section shall be
naturalized unless such person shall establish to the satisfaction of
the Attorney General that she has been a person of good moral character,
attached to the principles of the Constitution of the United States, and
well disposed to the good order and happiness of the United States for a
period of not less than five years immediately preceding the date of
filing an application for naturalization and up to the time of admission
to citizenship, and, unless she has resided continuously in the United
States since the date of her marriage, has been lawfully admitted for
permanent residence prior to filing her application for naturalization.
(c) Oath of allegiance
(1) A woman who was a citizen of the United States at birth and (A)
who has or is believed to have lost her United States citizenship solely
by reason of her marriage prior to September 22, 1922, to an alien, or
by her marriage on or after such date to an alien ineligible to
citizenship, (B) whose marriage to such alien shall have terminated
subsequent to January 12, 1941, and (C) who has not acquired by an
affirmative act other than by marriage any other nationality, shall,
from and after taking the oath of allegiance required by section 1448 of
this title, be a citizen of the United States and have the status of a
citizen of the United States by birth, without filing an application for
naturalization, and notwithstanding any of the other provisions of this
subchapter except the provisions of section 1424 of this title:
Provided, That nothing contained herein or in any other provision of law
shall be construed as conferring United States citizenship retroactively
upon such person, or upon any person who was naturalized in accordance
with the provisions of section 317(b) of the Nationality Act of 1940,
during any period in which such person was not a citizen.
(2) Such oath of allegiance may be taken abroad before a diplomatic
or consular officer of the United States, or in the United States before
the Attorney General or the judge or clerk of a court described in
section 1421(b) of this title.
(3) Such oath of allegiance shall be entered in the records of the
appropriate embassy, legation, consulate, court, or the Attorney
General, and, upon demand, a certified copy of the proceedings,
including a copy of the oath administered, under the seal of the
embassy, legation, consulate, court, or the Attorney General, shall be
delivered to such woman at a cost not exceeding $5, which certified copy
shall be evidence of the facts stated therein before any court of record
or judicial tribunal and in any department or agency of the Government
of the United States.
(June 27, 1952, ch. 477, title III, ch. 2, 324, 66 Stat. 246; Oct.
24, 1988, Pub. L. 100-525, 9(x), 102 Stat. 2621; Nov. 29, 1990, Pub.
L. 101-649, title IV, 407(b)(3), (c)(7), (d)(6), 104 Stat. 5040-5042.)
Section 317(a) and (b) of the Nationality Act of 1940, referred to in
subsecs. (a) and (c)(1), which was classified to section 717(a) and (b)
of this title, was repealed by section 403(a)(42) of act June 27, 1952.
See subsecs. (a) and (c) of this section.
1990 -- Subsec. (a)(1). Pub. L. 101-649, 407(b)(3), (c)(7),
(d)(6)(A)(i), substituted ''State or district of the Service in the
United States'' for ''State'' and ''application'' for ''petition'' and
inserted ''and'' at end.
Subsec. (a)(2). Pub. L. 101-649, 407(c)(7), (d)(6)(A)(ii),
substituted references to applicant and application for references to
petitioner and petition, and substituted period for semicolon at end.
Subsec. (a)(3), (4). Pub. L. 101-649, 407(d)(6)(A)(iii), struck out
pars. (3) and (4) which related to filing of petition and hearing on
petition.
Subsec. (b). Pub. L. 101-649, 407(c)(7), (d)(6)(B), substituted
references to application for references to petition wherever appearing,
and ''Attorney General'' for ''naturalization court''.
Subsec. (c)(1). Pub. L. 101-649, 407(c)(7), substituted ''an
application'' for ''a petition''.
Subsec. (c)(2). Pub. L. 101-649, 407(d)(6)(C)(i), substituted ''the
Attorney General or the judge or clerk of a court described in section
1421(b) of this title'' for ''the judge or clerk of a naturalization
court''.
Subsec. (c)(3). Pub. L. 101-649, 407(d)(6)(C)(ii), substituted
''court, or the Attorney General'' for ''or naturalization court'' in
two places.
1988 -- Subsec. (a)(4). Pub. L. 100-525 substituted ''has'' for
''and the witnesses have''.
Voted in Certain Former Elections
Section 1 of act Aug. 16, 1951, as amended by section 402(j) of act
June 27, 1952, provided: ''That a person who, while a citizen of the
United States, has lost citizenship of the United States solely by
reason of having voted in a political election or plebiscite held in
Italy between January 1, 1946, and April 18, 1948, inclusive, and who
has not subsequent to such voting committed any act which, had he
remained a citizen, would have operated to expatriate him, may be
naturalized by taking, prior to two years from the enactment of this Act
(June 27, 1952), before any naturalization court specified in subsection
(a) of section 310 of the Immigration and Nationality Act (section
1421(a) of this title), or before any diplomatic or consular officer of
the United States abroad, the oath required by section 337 of the
Immigration and Nationality Act (section 1448 of this title). Certified
copies of such oath shall be sent by such diplomatic or consular officer
or such court to the Department of State and to the Department of
Justice. Such person shall have, from and after naturalization under
this section, the same citizenship status as that which existed
immediately prior to its loss: Provided, That no such person shall be
eligible to take the oath required by section 337 of the Immigration and
Nationality Act (section 1448 of this title) unless he shall first take
an oath before any naturalization court specified in subsection (a) of
section 310 of the Immigration and Nationality Act (section 1421(a) of
this title), or before any diplomatic or consular officer of the United
States abroad, that he has done nothing to promote the cause of
communism. The illegal or fraudulent procurement of naturalization
under this amendment shall be subject to cancellation in the same manner
as provided in section 340 of the Immigration and Nationality Act
(section 1451 of this title).''
Who Voted in Certain Former Elections
Act July 20, 1954, ch. 553, 68 Stat. 495, provided: ''That a
person who has lost United States citizenship solely by reason of having
voted in any political election or plebiscite held in Japan between
September 2, 1945, and April 27, 1952, inclusive, and who has not,
subsequent to such voting, committed any act which, had he remained a
citizen, would have operated to expatriate him, and is not otherwise
disqualified from becoming a citizen by reason of sections 313 or 314,
or the third sentence of section 318 of the Immigration and Nationality
Act (sections 1424, 1425, 1429 of this title), may be naturalized by
taking, prior to two years after the date of the enactment of this Act
(July 20, 1954), before any naturalization court specified in subsection
(a) of section 310 of the Immigration and Nationality Act (section
1421(a) of this title) or before any diplomatic or consular officer of
the United States abroad, the applicable oath prescribed by section 337
of such Act (section 1448 of this title). Certified copies of such oath
shall be sent by such court or such diplomatic or consular officer to
the Department of State and to the Department of Justice. Such oath of
allegiance shall be entered in the records of the appropriate
naturalization court, embassy, legation, or consulate, and upon demand,
a certified copy of the proceedings, including a copy of the oath
administered, under the seal of the naturalization court, embassy,
legation or consulate, shall be delivered to such person at a cost not
exceeding $5, which certified copy shall be evidence of the facts stated
therein before any court of record or judicial tribunal and in any
department or agency of the Government of the United States. Any such
person shall have, from and after naturalization under this Act, the
same citizenship status as that which existed immediately prior to its
loss: Provided, That no such person shall be eligible to take the oath
prescribed by section 337 of the Immigration and Nationality Act
(section 1448 of this title) unless he shall first take an oath before
any naturalization court specified in subsection (a) of section 310 of
the Immigration and Nationality Act (section 1421(a) of this title), or
before any diplomatic or consular officer of the United States abroad,
that he has done nothing to promote the cause of communism.
Naturalization procured under this Act shall be subject to revocation as
provided in section 340 of the Immigration and Nationality Act (section
1451 of this title), and subsection (f) of that section (section 1451(f)
of this title) shall apply to any person claiming United States
citizenship through the naturalization of an individual under this
Act.''
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Consular officer, see section 1101(a)(9) of this title.
Ineligible to citizenship, see section 1101(a)(19) of this title.
National, see section 1101(a)(21) of this title.
Naturalization, see section 1101(a)(23) of this title.
Person of good moral character, see section 1101(f) of this title.
Residence, see section 1101(a)(33) of this title.
Spouse, see section 1101(a)(35) of this title.
United States, see section 1101(a)(38) of this title.
Unmarried, see section 1101(a)(39) of this title.
Former citizens losing citizenship by entering armed forces of
foreign countries during World War II, see section 1438 of this title.
08 USC 1436. Nationals but not citizens; residence within outlying
possessions
TITLE 8 -- ALIENS AND NATIONALITY
A person not a citizen who owes permanent allegiance to the United
States, and who is otherwise qualified, may, if he becomes a resident of
any State, be naturalized upon compliance with the applicable
requirements of this subchapter, except that in applications for
naturalization filed under the provisions of this section residence and
physical presence within the United States within the meaning of this
subchapter shall include residence and physical presence within any of
the outlying possessions of the United States.
(June 27, 1952, ch. 477, title III, ch. 2, 325, 66 Stat. 248; Nov.
29, 1990, Pub. L. 101-649, title IV, 407(c)(8), 104 Stat. 5041.)
1990 -- Pub. L. 101-649 substituted ''applications'' for
''petitions''.
Definition of the term --
National, see section 1101(a)(21) of this title.
Naturalization, see section 1101(a)(23) of this title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1437. Resident Philippine citizens excepted from certain
requirements
TITLE 8 -- ALIENS AND NATIONALITY
Any person who (1) was a citizen of the Commonwealth of the
Philippines on July 2, 1946, (2) entered the United States prior to May
1, 1934, and (3) has, since such entry, resided continuously in the
United States shall be regarded as having been lawfully admitted to the
United States for permanent residence for the purpose of applying for
naturalization under this subchapter.
(June 27, 1952, ch. 477, title III, ch. 2, 326, 66 Stat. 248; Nov.
29, 1990, Pub. L. 101-649, title IV, 407(c)(9), 104 Stat. 5041.)
1990 -- Pub. L. 101-649 substituted ''applying'' for
''petitioning''.
Definition of the term --
Entry, see section 1101(a)(13) of this title.
Lawfully admitted for permanent residence, see section 1101(a)(20) of
this title.
Naturalization, see section 1101(a)(23) of this title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1438. Former citizens losing citizenship by entering armed
forces of foreign countries during World War II
TITLE 8 -- ALIENS AND NATIONALITY
(a) Requirements; oath; certified copies of oath
Any person who, (1) during World War II and while a citizen of the
United States, served in the military, air, or naval forces of any
country at war with a country with which the United States was at war
after December 7, 1941, and before September 2, 1945, and (2) has lost
United States citizenship by reason of entering or serving in such
forces, or taking an oath or obligation for the purpose of entering such
forces, may, upon compliance with all the provisions of subchapter III
of this chapter, except section 1427(a) of this title, and except as
otherwise provided in subsection (b) of this section, be naturalized by
taking before the Attorney General or before a court described in
section 1421(b) of this title the oath required by section 1448 of this
title. Certified copies of such oath shall be sent by such court to the
Department of State and to the Department of Justice and by the Attorney
General to the Secretary of State.
(b) Exceptions
No person shall be naturalized under subsection (a) of this section
unless he --
(1) is, and has been for a period of at least five years immediately
preceding taking the oath required in subsection (a) of this section, a
person of good moral character, attached to the principles of the
Constitution of the United States and well disposed to the good order
and happiness of the United States; and
(2) has been lawfully admitted to the United States for permanent
residence and intends to reside permanently in the United States.
(c) Status
Any person naturalized in accordance with the provisions of this
section, or any person who was naturalized in accordance with the
provisions of section 323 of the Nationality Act of 1940, shall have,
from and after such naturalization, the status of a native-born, or
naturalized, citizen of the United States, whichever status existed in
the case of such person prior to the loss of citizenship: Provided,
That nothing contained herein, or in any other provision of law, shall
be construed as conferring United States citizenship retroactively upon
any such person during any period in which such person was not a
citizen.
(d) Span of World War II
For the purposes of this section, World War II shall be deemed to
have begun on September 1, 1939, and to have terminated on September 2,
1945.
(e) Inapplicability to certain persons
This section shall not apply to any person who during World War II
served in the armed forces of a country while such country was at war
with the United States
(June 27, 1952, ch. 477, title III, ch. 2, 327, 66 Stat. 248; Nov.
29, 1990, Pub. L. 101-649, title IV, 407(d)(7), 104 Stat. 5042.)
Section 323 of the Nationality Act of 1940, referred to in subsec.
(c), which was classified to section 723 of this title, was repealed by
section 403(a)(42) of act June 27, 1952. See subsec. (a) of this
section.
1990 -- Subsec. (a). Pub. L. 101-649 substituted ''the Attorney
General or before a court described in section 1421(b) of this title''
for ''any naturalization court specified in section 1421(a) of this
title'' and inserted ''and by the Attorney General to the Secretary of
State'' before period at end.
Definition of the term --
Lawfully admitted for permanent residence, see section 1101(a)(20) of
this title.
Naturalization, see section 1101(a)(23) of this title.
Person of good moral character, see section 1101(f) of this title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.
Former citizens regaining citizenship, see section 1435 of this
title.
08 USC 1439. Naturalization through service in the armed forces
TITLE 8 -- ALIENS AND NATIONALITY
(a) Requirements
A person who has served honorably at any time in the armed forces of
the United States for a period or periods aggregating three years, and,
who, if separated from such service, was never separated except under
honorable conditions, may be naturalized without having resided,
continuously immediately preceding the date of filing such person's
application, in the United States for at least five years, and in the
State or district of the Service in the United States in which the
application for naturalization is filed for at least three months, and
without having been physically present in the United States for any
specified period, if such application is filed while the applicant is
still in the service or within six months after the termination of such
service.
(b) Exceptions
A person filing an application under subsection (a) of this section
shall comply in all other respects with the requirements of this
subchapter, except that --
(1) no residence within a State or district of the Service in the
United States shall be required;
(2) notwithstanding section 1429 of this title insofar as it relates
to deportability, such applicant may be naturalized immediately if the
applicant be then actually in the Armed Forces of the United States, and
if prior to the filing of the application, the applicant shall have
appeared before and been examined by a representative of the Service;
(3) the applicant shall furnish to the Attorney General, prior to any
hearing upon his application, a certified statement from the proper
executive department for each period of his service upon which he relies
for the benefits of this section, clearly showing that such service was
honorable and that no discharges from service, including periods of
service not relied upon by him for the benefits of this section, were
other than honorable. The certificate or certificates herein provided
for shall be conclusive evidence of such service and discharge.
(c) Periods when not in service
In the case such applicant's service was not continuous, the
applicant's residence in the United States and State or district of the
Service in the United States, good moral character, attachment to the
principles of the Constitution of the United States, and favorable
disposition toward the good order and happiness of the United States,
during any period within five years immediately preceding the date of
filing such application between the periods of applicant's service in
the Armed Forces, shall be alleged in the application filed under the
provisions of subsection (a) of this section, and proved at any hearing
thereon. Such allegation and proof shall also be made as to any period
between the termination of applicant's service and the filing of the
application for naturalization.
(d) Residence requirements
The applicant shall comply with the requirements of section 1427(a)
of this title, if the termination of such service has been more than six
months preceding the date of filing the application for naturalization,
except that such service within five years immediately preceding the
date of filing such application shall be considered as residence and
physical presence within the United States.
(e) Moral character
Any such period or periods of service under honorable conditions, and
good moral character, attachment to the principles of the Constitution
of the United States, and favorable disposition toward the good order
and happiness of the United States, during such service, shall be proved
by duly authenticated copies of the records of the executive departments
having custody of the records of such service, and such authenticated
copies of records shall be accepted in lieu of compliance with the
provisions of section 1427(a) of this title.
(June 27, 1952, ch. 477, title III, ch. 2, 328, 66 Stat. 249; Oct.
24, 1968, Pub. L. 90-633, 5, 82 Stat. 1344; Dec. 29, 1981, Pub. L.
97-116, 15(e), 95 Stat. 1619; Nov. 29, 1990, Pub. L. 101-649, title
IV, 407(b)(4), (c)(10), (d)(8), 104 Stat. 5040-5042; Dec. 12, 1991,
Pub. L. 102-232, title III, 305(c), 105 Stat. 1750.)
1991 -- Subsecs. (b), (c). Pub. L. 102-232 amended directory
language of Pub. L. 101-649, 407(d)(8). See 1990 Amendment notes
below.
1990 -- Subsec. (a). Pub. L. 101-649, 407(b)(4)(A), (c)(10),
substituted ''State or district of the Service in the United States''
for ''State'', ''for at least three months'' for ''for at least six
months'', and references to applicant and application for references to
petitioner and petition wherever appearing.
Subsec. (b). Pub. L. 101-649, 407(b)(4)(B), (c)(10), (d)(8), as
amended by Pub. L. 102-232, substituted ''within a State or district of
the Service in the United States'' for ''within the jurisdiction of the
court'' in par. (1), ''any hearing'' for ''the final hearing'' in par.
(3), and references to applicant and application for references to
petitioner and petition wherever appearing.
Subsec. (c). Pub. L. 101-649, 407(b)(4)(C), (c)(10), (d)(8), as
amended by Pub. L. 102-232, substituted ''State or district of the
Service in the United States'' for ''State'', ''any hearing'' for ''the
final hearing'', and references to applicant's and application for
references to petitioner's and petition wherever appearing.
Subsec. (d). Pub. L. 101-649, 407(c)(10), substituted references to
applicant and application for references to petitioner and petition
wherever appearing.
1981 -- Subsec. (b)(2). Pub. L. 97-116 struck out ''and section
1447(c) of this title'' after ''relates to deportability'' and ''and the
witnesses'' after ''petition, the petitioner''.
1968 -- Subsec. (b)(2). Pub. L. 90-633 inserted reference to section
1429 of this title as it relates to deportability.
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this
title.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Naturalization, see section 1101(a)(23) of this title.
Person of good moral character, see section 1101(f) of this title.
Residence, see section 1101(a)(33) of this title.
Service, see section 1101(a)(34) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1440. Naturalization through active-duty service in the Armed
Forces during World War I, World War II, Korean hostilities, Vietnam
hostilities, or other periods of military hostilities
TITLE 8 -- ALIENS AND NATIONALITY
(a) Requirements
Any person who, while an alien or a noncitizen national of the United
States, has served honorably in an active-duty status in the military,
air, or naval forces of the United States during either World War I or
during a period beginning September 1, 1939, and ending December 31,
1946, or during a period beginning June 25, 1950, and ending July 1,
1955, or during a period beginning February 28, 1961, and ending on a
date designated by the President by Executive order as of the date of
termination of the Vietnam hostilities, or thereafter during any other
period which the President by Executive order shall designate as a
period in which Armed Forces of the United States are or were engaged in
military operations involving armed conflict with a hostile foreign
force, and who, if separated from such service, was separated under
honorable conditions, may be naturalized as provided in this section if
(1) at the time of enlistment or induction such person shall have been
in the United States, the Canal Zone, American Samoa, or Swains Island,
whether or not he has been lawfully admitted to the United States for
permanent residence, or (2) at any time subsequent to enlistment or
induction such person shall have been lawfully admitted to the United
States for permanent residence. The executive department under which
such person served shall determine whether persons have served honorably
in an active-duty status, and whether separation from such service was
under honorable conditions: Provided, however, That no person who is or
has been separated from such service on account of alienage, or who was
a conscientious objector who performed no military, air, or naval duty
whatever or refused to wear the uniform, shall be regarded as having
served honorably or having been separated under honorable conditions for
the purposes of this section. No period of service in the Armed Forces
shall be made the basis of an application for naturalization under this
section if the applicant has previously been naturalized on the basis of
the same period of service.
(b) Exceptions
A person filing an application under subsection (a) of this section
shall comply in all other respects with the requirements of this
subchapter, except that --
(1) he may be naturalized regardless of age, and notwithstanding the
provisions of section 1429 of this title as they relate to deportability
and the provisions of section 1442 of this title;
(2) no period of residence or specified period of physical presence
within the United States or any State or district of the Service in the
United States shall be required; and
(3) service in the military, air or naval forces of the United States
shall be proved by a duly authenticated certification from the executive
department under which the applicant served or is serving, which shall
state whether the applicant served honorably in an active-duty status
during either World War I or during a period beginning September 1,
1939, and ending December 31, 1946, or during a period beginning June
25, 1950, and ending July 1, 1955, or during a period beginning February
28, 1961, and ending on a date designated by the President by Executive
order as the date of termination of the Vietnam hostilities, or
thereafter during any other period which the President by Executive
order shall designate as a period in which Armed Forces of the United
States are or were engaged in military operations involving armed
conflict with a hostile foreign force, and was separated from such
service under honorable conditions.
(c) Revocation
Citizenship granted pursuant to this section may be revoked in
accordance with section 1451 of this title if at any time subsequent to
naturalization the person is separated from the military, air, or naval
forces under other than honorable conditions, and such ground for
revocation shall be in addition to any other provided by law. The fact
that the naturalized person was separated from the service under other
than honorable conditions shall be proved by a duly authenticated
certification from the executive department under which the person was
serving at the time of separation.
(June 27, 1952, ch. 477, title III, ch. 2, 329, 66 Stat. 250; Sept.
26, 1961, Pub. L. 87-301, 8, 75 Stat. 654; Oct. 24, 1968, Pub. L.
90-633, 1, 2, 6, 82 Stat. 1343, 1344; Dec. 29, 1981, Pub. L. 97-116,
15(a), 95 Stat. 1619; Oct. 24, 1988, Pub. L. 100-525, 9(y), 102 Stat.
2621; Nov. 29, 1990, Pub. L. 101-649, title IV, 407(b)(5), (c)(11),
104 Stat. 5040, 5041; Dec. 12, 1991, Pub. L. 102-232, title III,
305(b), 105 Stat. 1749.)
For definition of Canal Zone, referred to in subsec. (a), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
1991 -- Subsecs. (a), (b). Pub. L. 102-232 made technical
correction to directory language of Pub. L. 101-649, 407(c)(11). See
1990 Amendment note below.
1990 -- Subsec. (a). Pub. L. 101-649, 407(c)(11), as amended by
Pub. L. 102-232, substituted ''an application'' for ''a petition''.
Subsec. (b). Pub. L. 101-649, 407(c)(11), as amended by Pub. L.
102-232, substituted references to applicant and application for
references to petitioner and petition wherever appearing.
Subsec. (b)(2). Pub. L. 101-649, 407(b)(5)(A), substituted ''State
or district of the Service in the United States'' for ''State'' and
inserted ''and'' at end.
Subsec. (b)(3), (4). Pub. L. 101-649, 407(b)(5)(B), (C),
redesignated par. (4) as (3) and struck out former par. (3) which
authorized filing of petition in any court having naturalization
jurisdiction.
1988 -- Subsec. (d). Pub. L. 100-525 struck out subsec. (d) which
read as follows: ''The eligibility for naturalization of any person who
filed a petition for naturalization prior to January 1, 1947, under
section 701 of the Nationality Act of 1940, as amended (56 Stat. 182, 58
Stat. 886, 59 Stat. 658), and which is still pending on the effective
date of this chapter, shall be determined in accordance with the
provisions of this section.''
1981 -- Subsec. (b)(5). Pub. L. 97-116 struck out par. (5) which
provided that, notwithstanding section 1447(c) of this title, the
petitioner may be naturalized immediately if prior to the filing of the
petition the petitioner and the witnesses have appeared before and been
examined by a representative of the Service.
1968 -- Subsec. (a). Pub. L. 90-633, 1, added the Vietnam
hostilities and any subsequent period of military operations involving
armed conflict with a hostile foreign force as periods during which a
person may be naturalized through service in active duty status.
Subsec. (b)(1). Pub. L. 90-633, 6, inserted reference to provisions
of section 1429 of this title as they relate to deportability.
Subsec. (b)(4). Pub. L. 90-633, 2, inserted reference to the period
of the Vietnam hostilities and to any other subsequent period which the
President by Executive order designates as a period in which the Armed
Forces of the United States were engaged in military operations
involving armed conflict with a hostile foreign force.
1961 -- Subsecs. (a), (b)(4). Pub. L. 87-301 inserted ''or during a
period beginning June 25, 1950, and ending July 1, 1955''.
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this
title.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Pub. L. 102-395, title I, 113, Oct. 6, 1992, 106 Stat. 1844,
provided that:
''(a) Waiver. -- (1) For purposes of the naturalization of natives of
the Philippines under section 405 of the Immigration Act of 1990 (Pub.
L. 101-649, set out below), notwithstanding any other provision of law
--
''(A) the processing of applications for naturalization, including
necessary interviews, shall be conducted in the Philippines by employees
of the Immigration and Naturalization Service designated pursuant to
section 335(b) of the Immigration and Nationality Act of 1952, as
amended (8 U.S.C. 1446(b)); and
''(B) oaths of allegiance shall be taken in the Philippines by
employees of the Immigration and Naturalization Service designated
pursuant to section 335(b) of the Immigration and Nationality Act of
1952, as amended.
''(2) Notwithstanding subsection (a)(1), applications for
naturalization including necessary interviews may continue to be
processed, and oaths of allegiance may continue to be taken in the
United States.
''(3) The Attorney General shall prescribe such regulations as may be
necessary to carry out this subsection.
''(b) Treatment of Oaths of Allegiance. -- Records of oaths of
allegiance taken in accordance with subsection (a)(1)(B) shall be
entered in the permanent records of the Attorney General.
''(c) Effective Date. -- The provisions of this section shall become
effective 120 days from the date of enactment of this Act (Oct. 6,
1992).
''(d) Extension of Application Period. -- The provisions of this
section shall apply to natives of the Philippines who applied for
naturalization under section 405 of the Immigration Act of 1990 (Pub.
L. 101-649, set out below) and who apply for naturalization within 2
years after the effective date of this section.
''(e) Termination Date. -- This section shall cease to be effective 3
years after its effective date.''
Section 405 of Pub. L. 101-649 provided that:
''(a) Waiver of Certain Requirements. -- (1) Clauses (1) and (2) of
section 329(a) of the Immigration and Nationality Act (8 U.S.C.
1440(a)) shall not apply to the naturalization of any person --
''(A) who was born in the Philippines and who was residing in the
Philippines before the service described in subparagraph (B);
''(B) who served honorably --
''(i) in an active-duty status under the command of the United States
Armed Forces in the Far East, or
''(ii) within the Philippine Army, the Philippine Scouts, or
recognized guerrilla units,
at any time during the period beginning September 1, 1939, and ending
December 31, 1946;
''(C) who is otherwise eligible for naturalization under section 329
of such Act; and
''(D) who applies for naturalization during the 2-year period
beginning on the date of the enactment of this Act (Nov. 29, 1990).
''(2) Subject to subsection (c), in applying section 329 of the
Immigration and Nationality Act, service described in paragraph (1)(B)
is considered to be honorable service in an active-duty status in the
military, air, or naval forces of the United States.
''(b) Waiver of Residency Requirement. -- Section 340(d) of the
Immigration and Nationality Act (8 U.S.C. 1451(d)) shall not apply to a
person who is naturalized pursuant to subsection (a).
''(c) Statutory Construction. -- The enactment of this section shall
not be construed as affecting the rights, privileges, or benefits of a
person described in subsection (a)(1) under any provision of law (other
than the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)) by
reason of the service of such person or the service of any other person
under the command of the United States Armed Forces.''
(Section 405 of Pub. L. 101-649 effective May 1, 1991, without regard
to whether regulations to implement such section have been issued by
such date, see section 408(f) of Pub. L. 101-649, set out in an
Effective Date of 1990 Amendment; Savings Provision note under section
1421 of this title.)
Ex. Ord. No. 12081, Sept. 18, 1978, 43 F.R. 42237, provided:
By the authority vested in me as President of the United States of
America by Section 329 of the Immigration and Nationality Act, as
amended by Sections 1 and 2 of the Act of October 24, 1968 (82 Stat.
1343; 8 U.S.C. 1440), and by the authority of Section 3 of that Act of
October 24, 1968 (82 Stat. 1344; 8 U.S.C. 1440e), it is hereby ordered
that the statutory period of Vietnam hostilities which began on February
28, 1961, shall be deemed to have terminated on October 15, 1978, for
the purpose of ending the period in which active-duty service in the
Armed Forces qualifies for certain exemptions from the usual
requirements for naturalization, including length of residence and fees.
Jimmy Carter.
Ex. Ord. No. 12582, Feb. 2, 1987, 52 F.R. 3395, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including Section 1440 of Title 8,
United States Code, and in order to provide expedited naturalization for
aliens and noncitizens who served in the Armed Forces in the Grenada
campaign, it is hereby ordered as follows:
For the purpose of determining qualification for the exceptions from
the usual requirements for naturalization, the period of Grenada
military operations in which the Armed Forces of the United States were
engaged in armed conflict with a hostile foreign force commenced on
October 25, 1983, and terminated on November 2, 1983. Those persons
serving honorably in active-duty status in the Armed Forces of the
United States during this period, in the Grenada campaign, are eligible
for naturalization in accordance with the statutory exceptions to the
naturalization requirements, as provided in Section 1440(b) of Title 8,
United States Code. Qualifying active-duty service includes service
conducted, during this period, on the islands of Grenada, Carriacou,
Green Hog, and those islands adjacent to Grenada in the Atlantic
Seaboard where such service was in direct support of the military
operations in Grenada. Qualifying active-duty service during this
period also includes service conducted in the air space above Grenada,
in the adjacent seas where operations were conducted, and at the Grantly
Adams International Airport in Barbados.
Ronald Reagan.
Act June 30, 1950, ch. 443, 4, 64 Stat. 316, as amended June 27,
1952, ch. 477, title IV, 402(e), 66 Stat. 276, provided that:
''Notwithstanding the dates or periods of service specified and
designated in section 329 of the Immigration and Nationality Act (this
section), the provisions of that section are applicable to aliens
enlisted or reenlisted pursuant to the provisions of this Act and who
have completed five or more years of military service, if honorably
discharged therefrom. Any alien enlisted or reenlisted pursuant to the
provisions of this Act who subsequently enters the United States,
American Samoa, Swains Island, or the Canal Zone, pursuant to military
orders shall, if otherwise qualified for citizenship, and after
completion of five or more years of military service, if honorably
discharged therefrom, be deemed to have been lawfully admitted to the
United States for permanent residence within the meaning of such section
329(a) (subsection (a) of this section).''
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Lawfully admitted for permanent residence, see section 1101(a)(20) of
this title.
National of the United States, see section 1101(a)(22) of this title.
Naturalization, see section 1101(a)(23) of this title.
Residence, see section 1101(a)(33) of this title.
Service, see section 1101(a)(34) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1440-1. Posthumous citizenship through death while on
active-duty service in armed forces during World War I, World War II,
the Korean hostilities, the Vietnam hostilities, or in other periods of
military hostilities
TITLE 8 -- ALIENS AND NATIONALITY
(a) Permitting granting of posthumous citizenship
Notwithstanding any other provision of this subchapter, the Attorney
General shall provide, in accordance with this section, for the granting
of posthumous citizenship at the time of death to a person described in
subsection (b) of this section if the Attorney General approves an
application for that posthumous citizenship under subsection (c) of this
section.
(b) Noncitizens eligible for posthumous citizenship
A person referred to in subsection (a) of this section is a person
who, while an alien or a noncitizen national of the United States --
(1) served honorably in an active-duty status in the military, air,
or naval forces of the United States during any period described in the
first sentence of section 1440(a) of this title,
(2) died as a result of injury or disease incurred in or aggravated
by that service, and
(3) satisfied the requirements of clause (1) or (2) of the first
sentence of section 1440(a) of this title.
The executive department under which the person so served shall
determine whether the person satisfied the requirements of paragraphs
(1) and (2).
(c) Requests for posthumous citizenship
A request for the granting of posthumous citizenship to a person
described in subsection (b) of this section may be filed on behalf of
the person only by the next-of-kin (as defined by the Attorney General)
or another representative (as defined by the Attorney General). The
Attorney General shall approve such a request respecting a person if --
(1) the request is filed not later than 2 years after --
(A) March 6, 1990, or
(B) the date of the person's death, whichever date is later;
(2) the request is accompanied by a duly authenticated certificate
from the executive department under which the person served which states
that the person satisfied the requirements of paragraphs (1) and (2) of
subsection (b) of this section; and
(3) the Attorney General finds that the person satisfied the
requirement of subsection (b)(3) of this section.
(d) Documentation of posthumous citizenship
If the Attorney General approves such a request to grant a person
posthumous citizenship, the Attorney General shall send to the
individual who filed the request a suitable document which states that
the United States considers the person to have been a citizen of the
United States at the time of the person's death.
(e) No benefits to survivors
Nothing in this section or section 1430(d) of this title shall be
construed as providing for any benefits under this chapter for any
spouse, son, daughter, or other relative of a person granted posthumous
citizenship under this section.
(June 27, 1952, ch. 477, title III, ch. 2, 329A, as added Mar. 6,
1990, Pub. L. 101-249, 2(a), 104 Stat. 94.)
08 USC 1440a to 1440d. Omitted
TITLE 8 -- ALIENS AND NATIONALITY
Sections, act June 30, 1953, ch. 162, 1-4, 67 Stat. 108-110,
which authorized naturalization of persons who served in the Armed
Forces after June 29, 1950, and not later than July 1, 1955, were
omitted as obsolete, since the provisions of section 1 of act June 30,
1953, required the petition for naturalization to be filed not later
than December 31, 1955. See sections 1440 and 1440e of this title.
08 USC 1440e. Exemption from naturalization fees for aliens
naturalized through service during Vietnam hostilities or other
subsequent period of military hostilities; report by clerks of courts
to Attorney General
TITLE 8 -- ALIENS AND NATIONALITY
Notwithstanding any other provision of law, no clerk of a United
States court shall charge or collect a naturalization fee from an alien
who has served in the military, air, or naval forces of the United
States during a period beginning February 28, 1961, and ending on the
date designated by the President by Executive order as the date of
termination of the Vietnam hostilities, or thereafter during any other
period which the President by Executive order shall designate as a
period in which Armed Forces of the United States are or were engaged in
military operations involving armed conflict with a hostile foreign
force, and who is applying for naturalization during such periods under
section 1440 of this title, for filing a petition for naturalization or
issuing a certificate of naturalization upon his admission to
citizenship, and no clerk of any State court shall charge or collect any
fee for such services unless the laws of the State require such charge
to be made, in which case nothing more than the portion of the fee
required to be paid to the State shall be charged or collected. A
report of all transactions under this section shall be made to the
Attorney General as in the case of other reports required of clerks of
courts by this subchapter.
(Pub. L. 90-633, 3, Oct. 24, 1968, 82 Stat. 1344.)
Section was not enacted as part of the Immigration and Nationality
Act which comprises this chapter.
08 USC 1441. Constructive residence through service on certain United
States vessels
TITLE 8 -- ALIENS AND NATIONALITY
Any periods of time during all of which a person who was previously
lawfully admitted for permanent residence has served honorably or with
good conduct, in any capacity other than as a member of the Armed Forces
of the United States, (A) on board a vessel operated by the United
States, or an agency thereof, the full legal and equitable title to
which is in the United States; or (B) on board a vessel whose home port
is in the United States, and (i) which is registered under the laws of
the United States, or (ii) the full legal and equitable title to which
is in a citizen of the United States, or a corporation organized under
the laws of any of the several States of the United States, shall be
deemed residence and physical presence within the United States within
the meaning of section 1427(a) of this title, if such service occurred
within five years immediately preceding the date such person shall file
an application for naturalization. Service on vessels described in
clause (A) of this section shall be proved by duly authenticated copies
of the records of the executive departments or agency having custody of
the records of such service. Service on vessels described in clause (B)
of this section may be proved by certificates from the masters of such
vessels.
(June 27, 1952, ch. 477, title III, ch. 2, 330, 66 Stat. 251; Oct.
24, 1988, Pub. L. 100-525, 9(z), 102 Stat. 2621; Nov. 29, 1990, Pub.
L. 101-649, title IV, 407(c)(12), 104 Stat. 5041; Dec. 12, 1991, Pub.
L. 102-232, title III, 305(m)(5), 105 Stat. 1750.)
1991 -- Pub. L. 102-232 substituted ''of this section'' for ''of
this subsection'' in two places.
1990 -- Pub. L. 101-649 substituted ''an application'' for ''a
petition''.
1988 -- Pub. L. 100-525 designated provisions of former par. (1) of
subsec. (a) as entire section, and struck out former pars. (2) and (3)
and subsec. (b) which read as follows:
''(2) For the purposes of this subsection, any periods of time prior
to September 23, 1950, during all of which any person had served
honorably or with good conduct for an aggregate period of five years on
any vessel described in section 325(a) of the Nationality Act of 1940
prior to its amendment by the Act of September 23, 1950, shall be deemed
residence and physical presence within the United States within the
meaning of section 1427(a) of this title, if such petition is filed
within one year from the effective date of this chapter.
Notwithstanding the provisions of section 1429 of this title, a person
entitled to claim the exemptions contained in this paragraph shall not
be required to establish a lawful admission for permanent residence.
''(3) For the purposes of this subsection, any periods of time prior
to September 23, 1950, during all of which any person not within the
provisions of paragraph (2) of this subsection had, prior to September
23, 1950, served honorably or with good conduct on any vessel described
in section 325(a) of the Nationality Act of 1940 prior to its amendment
by the Act of September 23, 1950, and was so serving on September 23,
1950, shall be deemed residence and physical presence within the United
States within the meaning of section 1427(a) of this title, if such
person at any time prior to filing his petition for naturalization shall
have been lawfully admitted to the United States for permanent
residence, and if such petition is filed on or before September 23,
1955.
''(b) Any person who was excepted from certain requirements of the
naturalization laws under section 325 of the Nationality Act of 1940
prior to its amendment by the Act of September 23, 1950, and had filed a
petition for naturalization under section 325 of the Nationality Act of
1940, may, if such petition was pending on September 23, 1950, and is
still pending on the effective date of this chapter, be naturalized upon
compliance with the applicable provisions of the naturalization laws in
effect upon the date such petition was filed: Provided, That any such
person shall be subject to the provisions of section 1424 of this title
and to those provisions of section 1429 of this title which relate to
the prohibition against the naturalization of a person against whom
there is outstanding a final finding of deportability pursuant to a
warrant of arrest issued under the provisions of this chapter or any
other Act, or which relate to the prohibition against the final hearing
on a petition for naturalization if there is pending against the
petitioner a deportation proceeding pursuant to a warrant of arrest
issued under the provisions of this chapter or any other Act.''
Section 305(m) of Pub. L. 102-232 provided that the amendment made
by that section is effective as if included in section 407(d) of the
Immigration Act of 1990, Pub. L. 101-649.
Definition of the term --
Lawfully admitted for permanent residence, see section 1101(a)(20) of
this title.
Naturalization, see section 1101(a)(23) of this title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1442. Alien enemies
TITLE 8 -- ALIENS AND NATIONALITY
(a) Naturalization under specified conditions
An alien who is a native, citizen, subject, or denizen of any
country, state, or sovereignty with which the United States is at war
may, after his loyalty has been fully established upon investigation by
the Attorney General, be naturalized as a citizen of the United States
if such alien's application for naturalization shall be pending at the
beginning of the state of war and the applicant is otherwise entitled to
admission to citizenship.
(b) Procedure
An alien embraced within this section shall not have his application
for naturalization considered or heard except after 90 days' notice to
the Attorney General to be considered at the examination or hearing, and
the Attorney General's objection to such consideration shall cause the
application to be continued from time to time for so long as the
Attorney General may require.
(c) Exceptions from classification
The Attorney General may, in his discretion, upon investigation fully
establishing the loyalty of any alien enemy who did not have an
application for naturalization pending at the beginning of the state of
war, except such alien enemy from the classification of alien enemy for
the purposes of this subchapter, and thereupon such alien shall have the
privilege of filing an application for naturalization.
(d) Effect of cessation of hostilities
An alien who is a native, citizen, subject, or denizen of any
country, state, or sovereignty with which the United States is at war
shall cease to be an alien enemy within the meaning of this section upon
the determination by proclamation of the President, or by concurrent
resolution of the Congress, that hostilities between the United States
and such country, state, or sovereignty have ended.
(e) Apprehension and removal
Nothing contained herein shall be taken or construed to interfere
with or prevent the apprehension and removal, consistent with law, of
any alien enemy at any time prior to the actual naturalization of such
alien.
(June 27, 1952, ch. 477, title III, ch. 2, 331, 66 Stat. 252; Nov.
29, 1990, Pub. L. 101-649, title IV, 407(c)(13), (d)(9), (e)(2), 104
Stat. 5041, 5042, 5046.)
1990 -- Subsec. (a). Pub. L. 101-649, 407(c)(13), substituted
references to applicant and application for references to petitioner and
petition wherever appearing.
Subsec. (b). Pub. L. 101-649, 407(d)(9), substituted ''considered or
heard except after 90 days' notice to the Attorney General to be
considered at the examination or hearing, and the Attorney General's
objection to such consideration shall cause the application to be
continued'' for ''called for a hearing, or heard, except after ninety
days' notice given by the clerk of the court to the Attorney General to
be represented at the hearing, and the Attorney General's objection to
such final hearing shall cause the petition to be continued''.
Pub. L. 101-649, 407(c)(13), substituted ''application'' for
''petition'' after ''have his''.
Subsec. (c). Pub. L. 101-649, 407(c)(13), substituted ''an
application'' for ''a petition'' wherever appearing.
Subsec. (d). Pub. L. 101-649, 407(e)(2), struck out at end
''Notwithstanding the provisions of section 405(b) of this Act, this
subsection shall also apply to the case of any such alien whose petition
for naturalization was filed prior to the effective date of this chapter
and which is still pending on that date.''
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Attorney General, see section 1101(a)(5) of this title.
Naturalization, see section 1101(a)(23) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1443. Administration
TITLE 8 -- ALIENS AND NATIONALITY
(a) Rules and regulations governing examination of applicants
The Attorney General shall make such rules and regulations as may be
necessary to carry into effect the provisions of this Part and is
authorized to prescribe the scope and nature of the examination of
applicants for naturalization as to their admissibility to citizenship.
Such examination shall be limited to inquiry concerning the applicant's
residence, physical presence in the United States, good moral character,
understanding of and attachment to the fundamental principles of the
Constitution of the United States, ability to read, write, and speak
English, and other qualifications to become a naturalized citizen as
required by law, and shall be uniform throughout the United States.
(b) Instruction in citizenship
The Attorney General is authorized to promote instruction and
training in citizenship responsibilities of applicants for
naturalization including the sending of names of candidates for
naturalization to the public schools, preparing and distributing
citizenship textbooks to such candidates as are receiving instruction in
preparation for citizenship within or under the supervision of the
public schools, preparing and distributing monthly an immigration and
naturalization bulletin and securing the aid of and cooperating with
official State and national organizations, including those concerned
with vocational education.
(c) Prescription of forms
The Attorney General shall prescribe and furnish such forms as may be
required to give effect to the provisions of this Part, and only such
forms as may be so provided shall be legal. All certificates of
naturalization and of citizenship shall be printed on safety paper and
shall be consecutively numbered in separate series.
(d) Administration of oaths and depositions
Employees of the Service may be designated by the Attorney General to
administer oaths and to take depositions without charge in matters
relating to the administration of the naturalization and citizenship
laws. In cases where there is a likelihood of unusual delay or of
hardship, the Attorney General may, in his discretion, authorize such
depositions to be taken before a postmaster without charge, or before a
notary public or other person authorized to administer oaths for general
purposes.
(e) Issuance of certificate of naturalization or citizenship
A certificate of naturalization or of citizenship issued by the
Attorney General under the authority of this subchapter shall have the
same effect in all courts, tribunals, and public offices of the United
States, at home and abroad, of the District of Columbia, and of each
State, Territory, and outlying possession of the United States, as a
certificate of naturalization or of citizenship issued by a court having
naturalization jurisdiction.
(f) Copies of records
Certifications and certified copies of all papers, documents,
certificates, and records required or authorized to be issued, used,
filed, recorded, or kept under any and all provisions of this chapter
shall be admitted in evidence equally with the originals in any and all
cases and proceedings under this chapter and in all cases and
proceedings in which the originals thereof might be admissible as
evidence.
(g) Furnished quarters for photographic studios
The officers in charge of property owned or leased by the Government
are authorized, upon the recommendation of the Attorney General, to
provide quarters, without payment of rent, in any building occupied by
the Service, for a photographic studio, operated by welfare
organizations without profit and solely for the benefit of persons
seeking to comply with requirements under the immigration and
nationality laws. Such studio shall be under the supervision of the
Attorney General.
(h) Public education regarding naturalization benefits
In order to promote the opportunities and responsibilities of United
States citizenship, the Attorney General shall broadly distribute
information concerning the benefits which persons may receive under this
subchapter and the requirements to obtain such benefits. In carrying
out this subsection, the Attorney General shall seek the assistance of
appropriate community groups, private voluntary agencies, and other
relevant organizations. There are authorized to be appropriated (for
each fiscal year beginning with fiscal year 1991) such sums as may be
necessary to carry out this subsection.
(June 27, 1952, ch. 477, title III, ch. 2, 332, 66 Stat. 252; Nov.
29, 1990, Pub. L. 101-649, title IV, 406, 407(d)(10), 104 Stat. 5040,
5042; Dec. 12, 1991, Pub. L. 102-232, title III, 305(m)(6), 105 Stat.
1750.)
1991 -- Subsec. (a). Pub. L. 102-232 substituted ''applicants'' for
''petitioners'' in first sentence.
1990 -- Subsec. (a). Pub. L. 101-649, 407(d)(10), struck out ''for
the purpose of making appropriate recommendations to the naturalization
courts'' before period at end of first sentence and struck out second
sentence which read as follows: ''Such examination, in the discretion
of the Attorney General, and under such rules and regulations as may be
prescribed by him, may be conducted before or after the applicant has
filed his petition for naturalization.''
Subsec. (h). Pub. L. 101-649, 406, added subsec. (h).
Section 305(m) of Pub. L. 102-232 provided that the amendment made
by that section is effective as if included in section 407(d) of the
Immigration Act of 1990, Pub. L. 101-649.
Citizenship textbooks, publication and distribution; use of
naturalization fees, see section 1457 of this title.
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Person of good moral character, see section 1101(f) of this title.
Residence, see section 1101(a)(33) of this title.
Service, see section 1101(a)(34) of this title.
08 USC 1444. Photographs; number
TITLE 8 -- ALIENS AND NATIONALITY
(a) Three identical photographs of the applicant shall be signed by
and furnished by each applicant for naturalization or citizenship. One
of such photographs shall be affixed by the Attorney General to the
original certificate of naturalization issued to the naturalized citizen
and one to the duplicate certificate of naturalization required to be
forwarded to the Service.
(b) Three identical photographs of the applicant shall be furnished
by each applicant for --
(1) a record of lawful admission for permanent residence to be made
under section 1259 (a) of this title;
(2) a certificate of derivative citizenship;
(3) a certificate of naturalization or of citizenship;
(4) a special certificate of naturalization;
(5) a certificate of naturalization or of citizenship, in lieu of one
lost, mutilated, or destroyed;
(6) a new certificate of citizenship in the new name of any
naturalized citizen who, subsequent to naturalization, has had his name
changed by order of a court of competent jurisdiction or by marriage;
and
(7) a declaration of intention.
One such photograph shall be affixed to each such certificate issued
by the Attorney General and one shall be affixed to the copy of such
certificate retained by the Service.
(June 27, 1952, ch. 477, title III, ch. 2, 333, 66 Stat. 253; Nov.
29, 1990, Pub. L. 101-649, title IV, 407(c)(14), (d)(11), 104 Stat.
5041, 5042.)
1990 -- Subsec. (a). Pub. L. 101-649 substituted ''applicant'' for
''petitioner'' after ''by each'', and ''Attorney General'' for ''clerk
of the court''.
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Lawfully admitted for permanent residence, see section 1101(a)(20) of
this title.
Naturalization, see section 1101(a)(23) of this title.
Service, see section 1101(a)(34) of this title.
Photographic studio for benefit of aliens, see section 1443 of this
title.
08 USC 1445. Application for naturalization; declaration of intention
TITLE 8 -- ALIENS AND NATIONALITY
(a) Evidence and form
An applicant for naturalization shall make and file with the Attorney
General a sworn application in writing, signed by the applicant in the
applicant's own handwriting if physically able to write, which
application shall be on a form prescribed by the Attorney General and
shall include averments of all facts which in the opinion of the
Attorney General may be material to the applicant's naturalization, and
required to be proved under this subchapter. In the case of an
applicant subject to a requirement of continuous residence under section
1427(a) or 1430(a) of this title, the application for naturalization may
be filed up to 3 months before the date the applicant would first
otherwise meet such continuous residence requirement.
(b) Who may file
No person shall file a valid application for naturalization unless he
shall have attained the age of eighteen years. An application for
naturalization by an alien shall contain an averment of lawful admission
for permanent residence.
(c) Hearings
Hearings under section 1447(a) of this title on applications for
naturalization shall be held at regular intervals specified by the
Attorney General.
(d) Filing of application
Except as provided in subsection (e) of this section, an application
for naturalization shall be filed in the office of the Attorney General.
(e) Substitute filing place and administering oath other than before
Attorney General
A person may file an application for naturalization other than in the
office of the Attorney General, and an oath of allegiance administered
other than in a public ceremony before the Attorney General or a court,
if the Attorney General determines that the person has an illness or
other disability which --
(1) is of a permanent nature and is sufficiently serious to prevent
the person's personal appearance, or
(2) is of a nature which so incapacitates the person as to prevent
him from personally appearing.
(f) Declaration of intention
An alien over 18 years of age who is residing in the United States
pursuant to a lawful admission for permanent residence may file with the
Attorney General a declaration of intention to become a citizen of the
United States. Such a declaration shall be filed in duplicate and in a
form prescribed by the Attorney General and shall be accompanied by an
application prescribed and approved by the Attorney General. Nothing in
this subsection shall be construed as requiring any such alien to make
and file a declaration of intention as a condition precedent to filing
an application for naturalization nor shall any such declaration of
intention be regarded as conferring or having conferred upon any such
alien United States citizenship or nationality or the right to United
States citizenship or nationality, nor shall such declaration be
regarded as evidence of such alien's lawful admission for permanent
residence in any proceeding, action, or matter arising under this
chapter or any other Act.
(June 27, 1952, ch. 477, title III, ch. 2, 334, 66 Stat. 254; Dec.
29, 1981, Pub. L. 97-116, 15(b), 95 Stat. 1619; Nov. 29, 1990, Pub. L.
101-649, title IV, 401(b), 407(c)(15), (d)(12), 104 Stat. 5038, 5041,
5042; Dec. 12, 1991, Pub. L. 102-232, title III, 305(d), (e), (m)(7),
105 Stat. 1750.)
1991 -- Subsec. (a). Pub. L. 102-232, 305(m)(7), struck out '', in
duplicate,'' after ''file with the Attorney General''.
Pub. L. 102-232, 305(e), made technical correction to directory
language of Pub. L. 101-649, 407(d)(12)(B). See 1990 Amendment note
below.
Subsecs. (f), (g). Pub. L. 102-232, 305(d), redesignated subsec.
(g) as (f).
1990 -- Pub. L. 101-649, 407(d)(12)(A), substituted ''Application
for naturalization; declaration of intention'' for ''Petition for
naturalization'' in section catchline.
Subsec. (a). Pub. L. 101-649, 407(c)(15), (d)(12)(B), as amended by
Pub. L. 102-232, 305(e), substituted ''with the Attorney General'' for
''in the office of the clerk of a naturalization court'', ''under this
subchapter'' for ''upon the hearing of such petition'', and
''application'' for ''petition'' wherever appearing.
Pub. L. 101-649, 401(b), inserted at end ''In the case of an
applicant subject to a requirement of continuous residence under section
1427(a) or 1430(a) of this title, the application for naturalization may
be filed up to 3 months before the date the applicant would first
otherwise meet such continuous residence requirement.''
Subsec. (b). Pub. L. 101-649, 407(c)(15), (d)(12)(C), substituted
''application'' for ''petition'' in first sentence, and struck out
''(1)'' before ''he shall have attained'', ''and (2) he shall have first
filed an application therefor at an office of the Service in the form
and manner prescribed by the Attorney General'' after ''eighteen
years'', and ''petition for'' after ''An application for''.
Subsecs. (c) to (e). Pub. L. 101-649, 407(d)(12)(F), added subsecs.
(c) to (e) and struck out former subsecs. (c) to (e) which related to
time to file, substitute filing place, and investigation into reasons
for substitute filing place, respectively.
Subsecs. (f), (g). Pub. L. 101-649, 407(c)(15), (d)(12)(D), (E),
redesignated subsec. (f) as (g), substituted ''An alien over 18 years
of age who is residing in the United States pursuant to a lawful
admission for permanent residence may file with the Attorney General a
declaration of intention to become a citizen of the United States. Such
a declaration shall be filed in duplicate and in a form prescribed by
the Attorney General and shall be accompanied by an application
prescribed and approved by the Attorney General.'' for ''Any alien over
eighteen years of age who is residing in the United States pursuant to a
lawful admission for permanent residence may, upon an application
prescribed, filed with, and approved by the Service, make and file in
duplicate in the office of the clerk of court, regardless of the alien's
place of residence in the United States, a signed declaration of
intention to become a citizen of the United States, in such form as the
Attorney General shall prescribe.'', and substituted ''an application''
for ''a petition'' in last sentence.
1981 -- Subsec. (a). Pub. L. 97-116 struck out ''and duly verified
by two witnesses,'' after ''able to write,''.
Amendment by section 305(d), (e) of Pub. L. 102-232 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 310(1) of Pub. L. 102-232, set out as a note under
section 1101 of this title.
Section 305(m) of Pub. L. 102-232 provided that the amendment made
by that section is effective as if included in section 407(d) of the
Immigration Act of 1990, Pub. L. 101-649.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Attorney General, see section 1101(a)(5) of this title.
Lawfully admitted for permanent residence, see section 1101(a)(20) of
this title.
National of the United States, see section 1101(a)(22) of this title.
Naturalization, see section 1101(a)(23) of this title.
Residence, see section 1101(a)(33) of this title.
Service, see section 1101(a)(34) of this title.
United States, see section 1101(a)(38) of this title.
Record of admission for permanent residence in the case of certain
aliens who entered the United States prior to June 28, 1940, see section
1259 of this title.
Records of admission, see section 1230 of this title.
08 USC 1446. Investigation of applicants; examination of applications
TITLE 8 -- ALIENS AND NATIONALITY
(a) Waiver
Before a person may be naturalized, an employee of the Service, or of
the United States designated by the Attorney General, shall conduct a
personal investigation of the person applying for naturalization in the
vicinity or vicinities in which such person has maintained his actual
place of abode and in the vicinity or vicinities in which such person
has been employed or has engaged in business or work for at least five
years immediately preceding the filing of his application for
naturalization. The Attorney General may, in his discretion, waive a
personal investigation in an individual case or in such cases or classes
of cases as may be designated by him.
(b) Conduct of examinations; authority of designees; record
The Attorney General shall designate employees of the Service to
conduct examinations upon applications for naturalization. For such
purposes any such employee so designated is authorized to take testimony
concerning any matter touching or in any way affecting the admissibility
of any applicant for naturalization, to administer oaths, including the
oath of the applicant for naturalization, and to require by subpena the
attendance and testimony of witnesses, including applicant, before such
employee so designated and the production of relevant books, papers, and
documents, and to that end may invoke the aid of any district court of
the United States; and any such court may, in the event of neglect or
refusal to respond to a subpena issued by any such employee so
designated or refusal to testify before such employee so designated
issue an order requiring such person to appear before such employee so
designated, produce relevant books, papers, and documents if demanded,
and testify; and any failure to obey such order of the court may be
punished by the court as a contempt thereof. The record of the
examination authorized by this subsection shall be admissible as
evidence in any hearing conducted by an immigration officer under
section 1447(a) of this title. Any such employee shall, at the
examination, inform the applicant of the remedies available to the
applicant under section 1447 of this title.
(c) Transmittal of record of examination
The record of the examination upon any application for naturalization
may, in the discretion of the Attorney General be transmitted to the
Attorney General and the determination with respect thereto of the
employee designated to conduct such examination shall when made also be
transmitted to the Attorney General.
(d) Determination to grant or deny application
The employee designated to conduct any such examination shall make a
determination as to whether the application should be granted or denied,
with reasons therefor.
(e) Withdrawal of application
After an application for naturalization has been filed with the
Attorney General, the applicant shall not be permitted to withdraw his
application, except with the consent of the Attorney General. In cases
where the Attorney General does not consent to the withdrawal of the
application, the application shall be determined on its merits and a
final order determination made accordingly. In cases where the
applicant fails to prosecute his application, the application shall be
decided on the merits unless the Attorney General dismisses it for lack
of prosecution.
(f) Transfer of application
An applicant for naturalization who moves from the district of the
Service in the United States in which the application is pending may, at
any time thereafter, request the Service to transfer the application to
any district of the Service in the United States which may act on the
application. The transfer shall not be made without the consent of the
Attorney General. In the case of such a transfer, the proceedings on
the application shall continue as though the application had originally
been filed in the district of the Service to which the application is
transferred.
(June 27, 1952, ch. 477, title III, ch. 2, 335, 66 Stat. 255; Dec.
29, 1981, Pub. L. 97-116, 15(c), 95 Stat. 1619; Oct. 24, 1988, Pub. L.
100-525, 9(aa), (bb), 102 Stat. 2621; Nov. 29, 1990, Pub. L. 101-649,
title IV, 401(c), 407(c)(16), (d)(13), 104 Stat. 5038, 5041, 5043;
Dec. 12, 1991, Pub. L. 102-232, title III, 305(f), 105 Stat. 1750.)
1991 -- Subsec. (b). Pub. L. 102-232 substituted ''district court''
for ''District Court''.
1990 -- Pub. L. 101-649, 407(d)(13)(A), substituted ''Investigation
of applicants; examination of applications'' for ''Investigation of
petitioners'' in section catchline.
Subsec. (a). Pub. L. 101-649, 407(c)(16), (d)(13)(B), substituted
''Before a person may be naturalized'' for ''At any time prior to the
holding of the final hearing on a petition for naturalization provided
for by section 1447(a) of this title'', ''applying'' for
''petitioning'', and ''application'' for ''petition''.
Subsec. (b). Pub. L. 101-649, 407(c)(16), (d)(13)(C), substituted
''applications'' for ''petitions'' and ''applicant'' for ''petitioner''
wherever appearing, struck out ''preliminary'' before ''examinations''
and before ''examination'', struck out ''to any naturalization court and
to make recommendations thereon to such court'' before period at end of
first sentence, substituted ''any District Court of the United States''
for ''any court exercising naturalization jurisdiction as specified in
section 1421 of this title'', and substituted ''hearing conducted by an
immigration officer under section 1447(a) of this title'' for ''final
hearing conducted by a naturalization court designated in section 1421
of this title''.
Pub. L. 101-649, 401(c), inserted at end ''Any such employee shall,
at the examination, inform the petitioner of the remedies available to
the petitioner under section 1447 of this title.''
Subsec. (c). Pub. L. 101-649, 407(c)(16), (d)(13)(D), struck out
''preliminary'' before ''examination'' wherever appearing, and
substituted ''determination'' for ''recommendation'' and ''application''
for ''petition''.
Subsecs. (d) to (f). Pub. L. 101-649, 407(d)(13)(E), amended
subsecs. (d) to (f) generally, substituting provisions relating to
determinations, withdrawal of application, and transfer of application,
for provisions relating to recommendations, withdrawal of petition, and
transfer of petition, respectively.
1988 -- Subsec. (d). Pub. L. 100-525, 9(aa), substituted
''approves'' for ''approve'' in fourth sentence.
Subsec. (f)(2). Pub. L. 100-525, 9(bb), struck out before period at
end '', except that the court to which the petition is transferred may
in its discretion, require the production of two credible United States
citizen witnesses to testify as to the petitioner's qualifications for
naturalization since the date of such transfer''.
1981 -- Subsec. (b). Pub. L. 97-116, 15(c)(1), struck out ''and the
oaths of petitioner's witnesses to the petition for naturalization''
after ''oath of the petitioner for naturalization''.
Subsec. (f). Pub. L. 97-116, 15(c)(2), (3), redesignated subsec.
(i) as (f) and struck out former subsec. (f) which required affidavits
of at least two credible witnesses, citizens of the United States,
concerning the residency and the good moral character, etc., of the
petitioner.
Subsec. (g). Pub. L. 97-116, 15(c)(2), struck out subsec. (g) which
related to proof of residence at the hearing on the petition.
Subsec. (h). Pub. L. 97-116, 15(c)(2), struck out subsec. (h) which
related to satisfactory evidence as to good moral character, etc., at
the hearing on the petition.
Subsec. (i). Pub. L. 97-116, 15(c)(3), redesignated subsec. (i) as
(f).
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this
title.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Contempts, see section 401 et seq. of Title 18, Crimes and Criminal
Procedure.
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Naturalization, see section 1101(a)(23) of this title.
Person of good moral character, see section 1101(f) of this title.
Residence, see section 1101(a)(33) of this title.
Service, see section 1101(a)(34) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1447. Hearings on denials of applications for naturalization
TITLE 8 -- ALIENS AND NATIONALITY
(a) Request for hearing before immigration officer
If, after an examination under section 1446 of this title, an
application for naturalization is denied, the applicant may request a
hearing before an immigration officer.
(b) Request for hearing before district court
If there is a failure to make a determination under section 1446 of
this title before the end of the 120-day period after the date on which
the examination is conducted under such section, the applicant may apply
to the United States district court for the district in which the
applicant resides for a hearing on the matter. Such court has
jurisdiction over the matter and may either determine the matter or
remand the matter, with appropriate instructions, to the Service to
determine the matter.
(c) Appearance of Attorney General
The Attorney General shall have the right to appear before any
immigration officer in any naturalization proceedings for the purpose of
cross-examining the applicant and the witnesses produced in support of
the application concerning any matter touching or in any way affecting
the applicant's right to admission to citizenship, and shall have the
right to call witnesses, including the applicant, produce evidence, and
be heard in opposition to, or in favor of the granting of any
application in naturalization proceedings.
(d) Subpena of witnesses
The immigration officer shall, if the applicant requests it at the
time of filing the request for the hearing, issue a subpena for the
witnesses named by such applicant to appear upon the day set for the
hearing, but in case such witnesses cannot be produced upon the hearing
other witnesses may be summoned upon notice to the Attorney General, in
such manner and at such time as the Attorney General may by regulation
prescribe. Such subpenas may be enforced in the same manner as subpenas
under section 1446(b) of this title may be enforced.
(e) Change of name
It shall be lawful at the time and as a part of the administration by
a court of the oath of allegiance under section 1448(a) of this title
for the court, in its discretion, upon the bona fide prayer of the
applicant included in an appropriate petition to the court, to make a
decree changing the name of said person, and the certificate of
naturalization shall be issued in accordance therewith.
(June 27, 1952, ch. 477, title III, ch. 2, 336, 66 Stat. 257; Dec.
5, 1969, Pub. L. 91-136, 83 Stat. 283; Dec. 29, 1981, Pub. L. 97-116,
15(d), 95 Stat. 1619; Oct. 24, 1988, Pub. L. 100-525, 9(cc), 102 Stat.
2621; Nov. 29, 1990, Pub. L. 101-649, title IV, 407(c)(17), (d)(14),
104 Stat. 5041, 5044; Dec. 12, 1991, Pub. L. 102-232, title III,
305(g), (h), 105 Stat. 1750.)
1991 -- Subsecs. (d), (e). Pub. L. 102-232, 305(g), (h), amended
Pub. L. 101-649, 407(d)(14)(D)(i), (E)(ii), respectively. See 1990
Amendment note below.
1990 -- Pub. L. 101-649, 407(d)(14)(A), amended section catchline
generally.
Subsecs. (a), (b). Pub. L. 101-649, 407(d)(14)(B), amended subsecs.
(a) and (b) generally, substituting provisions relating to requests for
hearing upon denial of application and failure to make determination,
for provisions relating to holding of hearing in open court and
exceptions to same, respectively.
Subsec. (c). Pub. L. 101-649, 407(c)(17), (d)(14)(C), substituted
''immigration officer'' for ''court'' and references to applicant,
applicant's, and application for references to petitioner, petitioner's,
and petition wherever appearing.
Subsec. (d). Pub. L. 101-649, 407(d)(14)(D)(i), as amended by Pub.
L. 102-232, 305(g), substituted ''immigration officer shall, if the
applicant requests it at the time of filing the request for the
hearing'' for ''clerk of court shall, if the petitioner requests it at
the time for filing the petition for naturalization''.
Pub. L. 101-649, 407(c)(17), (d)(14)(D)(ii), (iii), substituted
''applicant'' for ''petitioner'', struck out ''final'' before
''hearing'' wherever appearing, and inserted at end ''Such subpenas may
be enforced in the same manner as subpenas under section 1446(b) of this
title may be enforced.''
Subsec. (e). Pub. L. 101-649, 407(d)(14)(E)(i), substituted
''administration by a court of the oath of allegiance under section
1448(a) of this title'' for ''naturalization of any person,''.
Pub. L. 101-649, 407(d)(14)(E)(ii), as amended by Pub. L. 102-232,
305(h), substituted ''included in an appropriate petition to the
court'' for ''included in the petition for naturalization of such
person''.
Pub. L. 101-649, 407(c)(17), substituted ''applicant'' for
''petitioner''.
1988 -- Pub. L. 100-525 amended section catchline.
1981 -- Subsec. (a). Pub. L. 97-116, 15(d)(1), struck out ''and the
witnesses'' after ''such petition the petitioner''.
Subsec. (b). Pub. L. 97-116, 15(d)(1), struck out ''and the
witnesses'' after ''examination of the petitioner'' in two places.
Subsec. (c). Pub. L. 97-116, 15(d)(2), (3), redesignated subsec.
(d) as (c) and struck out former subsec. (c) which prescribed a waiting
period of thirty days after the filing of a petition for naturalization
for the holding of a final hearing and permitted waiver of such period
by the Attorney General if he determined that a waiver was in the public
interest.
Subsec. (d). Pub. L. 97-116, 15(3), (4), redesignated subsec. (e)
as (d) and struck out provision permitting the substitution of witnesses
if after the petition is filed any of the verifying witnesses appear to
be not competent, provided the petitioner acted in good faith in
producing such witness. Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 97-116, 15(d)(4), (5), redesignated subsec.
(f) as (e). Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 97-116, 15(d)(5), redesignated subsec. (f) as
(e).
1969 -- Subsec. (c). Pub. L. 91-136 struck out requirement that
Attorney General, as a prerequisite to waiver of the waiting period,
make an affirmative finding that such waiver will promote the security
of the United States, and further struck out the provision prohibiting
the acquisition of citizenship by final oath within 60 days preceding a
general election and prior to the tenth day following such election.
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this
title.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Naturalization, see section 1101(a)(23) of this title.
08 USC 1448. Oath of renunciation and allegiance
TITLE 8 -- ALIENS AND NATIONALITY
(a) Public ceremony
A person who has applied for naturalization shall, in order to be and
before being admitted to citizenship, take in a public ceremony before
the Attorney General or a court with jurisdiction under section 1421(b)
of this title an oath (1) to support the Constitution of the United
States; (2) to renounce and abjure absolutely and entirely all
allegiance and fidelity to any foreign prince, potentate, state, or
sovereignty of whom or which the applicant was before a subject or
citizen; (3) to support and defend the Constitution and the laws of the
United States against all enemies, foreign and domestic; (4) to bear
true faith and allegiance to the same; and (5)(A) to bear arms on
behalf of the United States when required by the law, or (B) to perform
noncombatant service in the Armed Forces of the United States when
required by the law, or (C) to perform work of national importance under
civilian direction when required by the law. Any such person shall be
required to take an oath containing the substance of clauses (1) to (5)
of the preceding sentence, except that a person who shows by clear and
convincing evidence to the satisfaction of the Attorney General that he
is opposed to the bearing of arms in the Armed Forces of the United
States by reason of religious training and belief shall be required to
take an oath containing the substance of clauses (1) to (4) and clauses
(5)(B) and (5)(C) of this subsection, and a person who shows by clear
and convincing evidence to the satisfaction of the Attorney General that
he is opposed to any type of service in the Armed Forces of the United
States by reason of religious training and belief shall be required to
take an oath containing the substance of said clauses (1) to (4) and
clause (5)(C). The term ''religious training and belief'' as used in
this section shall mean an individual's belief in a relation to a
Supreme Being involving duties superior to those arising from any human
relation, but does not include essentially political, sociological, or
philosophical views or a merely personal moral code. In the case of the
naturalization of a child under the provisions of section 1433 of this
title the Attorney General may waive the taking of the oath if in the
opinion of the Attorney General the child is unable to understand its
meaning.
(b) Hereditary titles or orders of nobility
In case the person applying for naturalization has borne any
hereditary title, or has been of any of the orders of nobility in any
foreign state, the applicant shall in addition to complying with the
requirements of subsection (a) of this section, make under oath in the
same public ceremony in which the oath of allegiance is administered, an
express renunciation of such title or order of nobility, and such
renunciation shall be recorded as a part of such proceedings.
(c) Expedited judicial oath administration ceremony
Notwithstanding section 1421(b) of this title, an individual may be
granted an expedited judicial oath administration ceremony or
administrative naturalization by the Attorney General upon demonstrating
sufficient cause. In determining whether to grant an expedited judicial
oath administration ceremony, a court shall consider special
circumstances (such as serious illness of the applicant or a member of
the applicant's immediate family, permanent disability sufficiently
incapacitating as to prevent the applicant's personal appearance at the
scheduled ceremony, developmental disability or advanced age, or exigent
circumstances relating to travel or employment). If an expedited
judicial oath administration ceremony is impracticable, the court shall
refer such individual to the Attorney General who may provide for
immediate administrative naturalization.
(d) Rules and regulations
The Attorney General shall prescribe rules and procedures to ensure
that the ceremonies conducted by the Attorney General for the
administration of oaths of allegiance under this section are public,
conducted frequently and at regular intervals, and are in keeping with
the dignity of the occasion.
(June 27, 1952, ch. 477, title III, ch. 2, 337, 66 Stat. 258; Dec.
29, 1981, Pub. L. 97-116, 18(o), 95 Stat. 1621; Nov. 29, 1990, Pub. L.
101-649, title IV, 407(c)(18), (d)(15), 104 Stat. 5041, 5044; Dec. 12,
1991, Pub. L. 102-232, title I, 102(b)(2), title III, 305(i), 105
Stat. 1736, 1750.)
1991 -- Subsec. (c). Pub. L. 102-232, 102(b)(2), amended subsec.
(c) generally. Prior to amendment, subsec. (c) read as follows: ''If
the applicant is prevented by sickness or other disability from
attending a public ceremony, the oath required to be taken by subsection
(a) of this section may be taken at such place as the Attorney General
may designate under section 1445(e) of this title.''
Pub. L. 102-232, 305(i), struck out ''before'' after ''may be
taken''.
1990 -- Subsec. (a). Pub. L. 101-649, 407(c)(18), (d)(15)(A),
substituted ''applied'' for ''petitioned'' and ''applicant'' for
''petitioner'' in first sentence, ''in a public ceremony before the
Attorney General or a court with jurisdiction under section 1421(b) of
this title'' for ''in open court'', ''Attorney General'' for
''naturalization court'' wherever appearing in second and fourth
sentences, and ''Attorney General'' for ''court'' before ''the child''
in fourth sentence.
Subsec. (b). Pub. L. 101-649, 407(c)(18), (d)(15)(B), substituted
''applying'' for ''petitioning'', ''applicant'' for ''petitioner'', and
''in the same public ceremony in which the oath of allegiance is
administered'' for ''in open court in the court in which the petition
for naturalization is made'', and struck out ''in the court'' after
''shall be recorded''.
Subsec. (c). Pub. L. 101-649, 407(c)(18), (d)(15)(C), substituted
''applicant'' for ''petitioner'', ''attending a public ceremony'' for
''being in open court'', and ''at such place as the Attorney General may
designate under section 1445(e) of this title'' for ''a judge of the
court at such place as may be designated by the court''.
Subsec. (d). Pub. L. 101-649, 407(d)(15)(D), added subsec. (d).
1981 -- Subsec. (a). Pub. L. 97-116 substituted ''section 1433'' for
''section 1433 or 1434''.
Amendment by section 102(b)(2) of Pub. L. 102-232 effective 30 days
after Dec. 12, 1991, see section 102(c) of Pub. L. 102-232, set out as
a note under section 1421 of this title.
Amendment by section 305(i) of Pub. L. 102-232 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 310(1) of Pub. L. 102-232, set out as a note under
section 1101 of this title.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Definition of the term --
Child, as used in subchapters I and II of this chapter, see section
1101(b)(1) of this title.
Child, as used in this subchapter, see section 1101(c)(1) of this
title.
Foreign state, see section 1101(a)(14) of this title.
Naturalization, see section 1101(a)(23) of this title.
08 USC 1449. Certificate of naturalization; contents
TITLE 8 -- ALIENS AND NATIONALITY
A person admitted to citizenship in conformity with the provisions of
this subchapter shall be entitled upon such admission to receive from
the Attorney General a certificate of naturalization, which shall
contain substantially the following information: Number of application
for naturalization; number of certificate of naturalization; date of
naturalization; name, signature, place of residence, autographed
photograph, and personal description of the naturalized person,
including age, sex, marital status, and country of former nationality;
location of the district office of the Service in which the application
was filed and the title, authority, and location of the official or
court administering the oath of allegiance; statement that the Attorney
General, having found that the applicant intends to reside permanently
in the United States, except in cases falling within the provisions of
section 1435(a) of this title, had complied in all respects with all of
the applicable provisions of the naturalization laws of the United
States, and was entitled to be admitted a citizen of the United States
of America, thereupon ordered that the applicant be admitted as a
citizen of the United States of America; attestation of an immigration
officer; and the seal of the Department of Justice.
(June 27, 1952, ch. 477, title III, ch. 2, 338, 66 Stat. 259; Nov.
29, 1990, Pub. L. 101-649, title IV, 407(c)(19), (d)(16), 104 Stat.
5041, 5045; Dec. 12, 1991, Pub. L. 102-232, title III, 305(j), 105
Stat. 1750.)
1991 -- Pub. L. 102-232, 305(j)(2), substituted ''district'' for
''District'' before ''office of the Service''.
Pub. L. 102-232, 305(j)(1), made a technical correction to Pub. L.
101-649, 407(d)(16)(C), which was unnecessary because the language
sought to be corrected was already correct in Pub. L. 101-649. See 1990
Amendment note below.
1990 -- Pub. L. 101-649 substituted ''application'' for ''petition''
and ''applicant'' for ''petitioner'' in two places, struck out ''by a
naturalization court'' after ''citizenship'', and substituted ''the
Attorney General'' for ''the clerk of such court'', ''location of the
District office of the Service in which the application was filed and
the title, authority, and location of the official or court
administering the oath of allegiance'' for ''title, venue, and location
of the naturalization court'', ''the Attorney General'' for ''the
court'', and ''of an immigration officer; and the seal of the
Department of Justice'' for ''of the clerk of the naturalization court;
and seal of the court''.
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this
title.
Definition of the term --
National, see section 1101(a)(21) of this title.
Naturalization, see section 1101(a)(23) of this title.
Permanent, see section 1101(a)(31) of this title.
Residence, see section 1101(a)(33) of this title.
Unmarried, see section 1101(a)(39) of this title.
08 USC 1450. Functions and duties of clerks and records of
declarations of intention and applications for naturalization
TITLE 8 -- ALIENS AND NATIONALITY
(a) The clerk of each court that administers oaths of allegiance
under section 1448 of this title shall --
(1) deliver to each person administered the oath of allegiance by the
court pursuant to section 1448(a) of this title the certificate of
naturalization prepared by the Attorney General pursuant to section
1421(b)(2)(A)(ii) of this title,
(2) forward to the Attorney General a list of applicants actually
taking the oath at each scheduled ceremony and information concerning
each person to whom such an oath is administered by the court, within 30
days after the close of the month in which the oath was administered,
(3) forward to the Attorney General certified copies of such other
proceedings and orders instituted in or issued out of the court
affecting or relating to the naturalization of persons as may be
required from time to time by the Attorney General, and
(4) be responsible for all blank certificates of naturalization
received by them from time to time from the Attorney General and shall
account to the Attorney General for them whenever required to do so.
No certificate of naturalization received by any clerk of court which
may be defaced or injured in such manner as to prevent its use as herein
provided shall in any case be destroyed, but such certificates shall be
returned to the Attorney General.
(b) Each district office of the Service in the United States shall
maintain, in chronological order, indexed, and consecutively numbered,
as part of its permanent records, all declarations of intention and
applications for naturalization filed with the office.
(June 27, 1952, ch. 477, title III, ch. 2, 339, 66 Stat. 259; Nov.
29, 1990, Pub. L. 101-649, title IV, 407(d)(17), 104 Stat. 5045; Dec.
12, 1991, Pub. L. 102-232, title I, 102(b)(1), 105 Stat. 1735.)
1991 -- Subsec. (a). Pub. L. 102-232, 102(b)(1)(F), inserted
sentence at end relating to return of defaced or injured certificates of
naturalization to Attorney General.
Subsec. (a)(1). Pub. L. 102-232, 102(b)(1)(A), added par. (1) and
struck out former par. (1) which read as follows: ''issue to each
person to whom such an oath is administered a document evidencing that
such an oath was administered,''.
Subsec. (a)(2). Pub. L. 102-232, 102(b)(1)(B), inserted ''a list of
applicants actually taking the oath at each scheduled ceremony and''
after ''Attorney General''.
Subsec. (a)(3), (4). Pub. L. 102-232, 102(b)(1)(C)-(E), added par.
(4), redesignated former par. (4) as (3) and substituted '', and'' for
period at end, and struck out former par. (3) which directed clerk to
make and keep on file evidence for each document issued.
1990 -- Pub. L. 101-649 amended section generally, substituting
provisions relating to functions and duties of clerks and records of
declarations of intention and applications for naturalization, for
provisions relating to functions and duties of clerks of naturalization
courts.
Amendment by Pub. L. 102-232 effective 30 days after Dec. 12, 1991,
see section 102(c) of Pub. L. 102-232, set out as a note under section
1421 of this title.
Amendment by Pub. L. 101-649 not applicable to functions and duties
respecting petitions filed before Oct. 1, 1991, see section 408(c) of
Pub. L. 101-649, set out as a note under section 1421 of this title.
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Naturalization, see section 1101(a)(23) of this title.
08 USC 1451. Revocation of naturalization
TITLE 8 -- ALIENS AND NATIONALITY
(a) Concealment of material evidence; refusal to testify
It shall be the duty of the United States attorneys for the
respective districts, upon affidavit showing good cause therefor, to
institute proceedings in any district court of the United States in the
judicial district in which the naturalized citizen may reside at the
time of bringing suit, for the purpose of revoking and setting aside the
order admitting such person to citizenship and canceling the certificate
of naturalization on the ground that such order and certificate of
naturalization were illegally procured or were procured by concealment
of a material fact or by willful misrepresentation, and such revocation
and setting aside of the order admitting such person to citizenship and
such canceling of certificate of naturalization shall be effective as of
the original date of the order and certificate, respectively: Provided,
That refusal on the part of a naturalized citizen within a period of ten
years following his naturalization to testify as a witness in any
proceeding before a congressional committee concerning his subversive
activities, in a case where such person has been convicted of contempt
for such refusal, shall be held to constitute a ground for revocation of
such person's naturalization under this subsection as having been
procured by concealment of a material fact or by willful
misrepresentation. If the naturalized citizen does not reside in any
judicial district in the United States at the time of bringing such
suit, the proceedings may be instituted in the United States District
Court for the District of Columbia or in the United States district
court in the judicial district in which such person last had his
residence.
(b) Notice to party
The party to whom was granted the naturalization alleged to have been
illegally procured or procured by concealment of a material fact or by
willful misrepresentation shall, in any such proceedings under
subsection (a) of this section, have sixty days' personal notice, unless
waived by such party, in which to make answers to the petition of the
United States; and if such naturalized person be absent from the United
States or from the judicial district in which such person last had his
residence, such notice shall be given either by personal service upon
him or by publication in the manner provided for the service of summons
by publication or upon absentees by the laws of the States or the place
where such suit is brought.
(c) Membership in certain organizations; prima facie evidence
If a person who shall have been naturalized after December 24, 1952
shall within five years next following such naturalization become a
member of or affiliated with any organization, membership in or
affiliation with which at the time of naturalization would have
precluded such person from naturalization under the provisions of
section 1424 of this title, it shall be considered prima facie evidence
that such person was not attached to the principles of the Constitution
of the United States and was not well disposed to the good order and
happiness of the United States at the time of naturalization, and, in
the absence of countervailing evidence, it shall be sufficient in the
proper proceeding to authorize the revocation and setting aside of the
order admitting such person to citizenship and the cancellation of the
certificate of naturalization as having been obtained by concealment of
a material fact or by willful misrepresentation, and such revocation and
setting aside of the order admitting such person to citizenship and such
canceling of certificate of naturalization shall be effective as of the
original date of the order and certificate, respectively.
(d) Foreign residence
If a person who shall have been naturalized shall, within one year
after such naturalization, return to the country of his nativity, or go
to any other foreign country, and take permanent residence therein, it
shall be considered prima facie evidence of a lack of intention on the
part of such person to reside permanently in the United States at the
time of filing his petition for naturalization, and, in the absence of
countervailing evidence, it shall be sufficient in the proper proceeding
to authorize the revocation and setting aside of the order admitting
such person to citizenship and the cancellation of the certificate of
naturalization as having been obtained by concealment of a material fact
or by willful misrepresentation, and such revocation and setting aside
of the order admitting such person to citizenship and such canceling of
certificate of naturalization shall be effective as of the original date
of the order and certificate, respectively. The diplomatic and consular
officers of the United States in foreign countries shall from time to
time, through the Department of State, furnish the Department of Justice
with statements of the names of those persons within their respective
jurisdictions who have been so naturalized and who have taken permanent
residence in the country of their nativity, or in any other foreign
country, and such statements, duly certified, shall be admissible in
evidence in all courts in proceedings to revoke and set aside the order
admitting to citizenship and to cancel the certificate of
naturalization.
(e) Applicability to citizenship through naturalization of parent or
spouse
Any person who claims United States citizenship through the
naturalization of a parent or spouse in whose case there is a revocation
and setting aside of the order admitting such parent or spouse to
citizenship under the provisions of subsection (a) of this section on
the ground that the order and certificate of naturalization were
procured by concealment of a material fact or by willful
misrepresentation shall be deemed to have lost and to lose his
citizenship and any right or privilege of citizenship which he may have,
now has, or may hereafter acquire under and by virtue of such
naturalization of such parent or spouse, regardless of whether such
person is residing within or without the United States at the time of
the revocation and setting aside of the order admitting such parent or
spouse to citizenship. Any person who claims United States citizenship
through the naturalization of a parent or spouse in whose case there is
a revocation and setting aside of the order admitting such parent or
spouse to citizenship and the cancellation of the certificate of
naturalization under the provisions of subsections (c) or (d) of this
section, or under the provisions of section 1440(c) of this title on any
ground other than that the order and certificate of naturalization were
procured by concealment of a material fact or by willful
misrepresentation, shall be deemed to have lost and to lose his
citizenship and any right or privilege of citizenship which would have
been enjoyed by such person had there not been a revocation and setting
aside of the order admitting such parent or spouse to citizenship and
the cancellation of the certificate of naturalization, unless such
person is residing in the United States at the time of the revocation
and setting aside of the order admitting such parent or spouse to
citizenship and the cancellation of the certificate of naturalization.
(f) Citizenship unlawfully procured
When a person shall be convicted under section 1425 of title 18 of
knowingly procuring naturalization in violation of law, the court in
which such conviction is had shall thereupon revoke, set aside, and
declare void the final order admitting such person to citizenship, and
shall declare the certificate of naturalization of such person to be
canceled. Jurisdiction is conferred on the courts having jurisdiction
of the trial of such offense to make such adjudication.
(g) Cancellation of certificate of naturalization
Whenever an order admitting an alien to citizenship shall be revoked
and set aside or a certificate of naturalization shall be canceled, or
both, as provided in this section, the court in which such judgment or
decree is rendered shall make an order canceling such certificate and
shall send a certified copy of such order to the Attorney General. The
clerk of court shall transmit a copy of such order and judgment to the
Attorney General. A person holding a certificate of naturalization or
citizenship which has been canceled as provided by this section shall
upon notice by the court by which the decree of cancellation was made,
or by the Attorney General, surrender the same to the Attorney General.
(h) Applicability to certificates of naturalization and citizenship
The provisions of this section shall apply not only to any
naturalization granted and to certificates of naturalization and
citizenship issued under the provisions of this subchapter, but to any
naturalization heretofore granted by any court, and to all certificates
of naturalization and citizenship which may have been issued heretofore
by any court or by the Commissioner based upon naturalization granted by
any court, or by a designated representative of the Commissioner under
the provisions of section 702 of the Nationality Act of 1940, as
amended, or by such designated representative under any other act.
(i) Power to correct, reopen, alter, modify, or vacate order
Nothing contained in this section shall be regarded as limiting,
denying, or restricting the power of the Attorney General to correct,
reopen, alter, modify, or vacate an order naturalizing the person.
(June 27, 1952, ch. 477, title III, ch. 2, 340, 66 Stat. 260; Sept.
3, 1954, ch. 1263, 18, 68 Stat. 1232; Sept. 26, 1961, Pub. L. 87-301,
18, 75 Stat. 656; Nov. 14, 1986, Pub. L. 99-653, 17, 100 Stat. 3658;
Oct. 24, 1988, Pub. L. 100-525, 9(dd), 102 Stat. 2621; Nov. 29, 1990,
Pub. L. 101-649, title IV, 407(d)(18), 104 Stat. 5046; Dec. 12, 1991,
Pub. L. 102-232, title III, 305(k), 105 Stat. 1750.)
Section 702 of the Nationality Act of 1940, as amended, referred to
in subsec. (h), which was classified to section 1002 of this title, was
repealed by section 403(a)(42) of act June 27, 1952. See section 1440
of this title.
1991 -- Subsec. (a). Pub. L. 102-232, 305(k)(1), substituted
''district court'' for ''District Court'' in first sentence.
Subsec. (g). Pub. L. 102-232, 305(k)(2), substituted ''clerk of
court'' for ''clerk of the court'' in second sentence.
1990 -- Subsec. (a). Pub. L. 101-649, 407(d)(18)(A), substituted
''in any District Court of the United States'' for ''in any court
specified in subsection (a) of section 1421 of this title''.
Subsec. (g). Pub. L. 101-649, 407(d)(18)(B), (C), amended second
sentence generally and struck out third sentence. Prior to amendment,
second and third sentences read as follows: ''In case such certificate
was not originally issued by the court making such order, it shall
direct the clerk of court in which the order is revoked and set aside to
transmit a copy of such order and judgment to the court out of which
such certificate of naturalization shall have been originally issued.
It shall thereupon be the duty of the clerk of the court receiving such
certified copy of the order and judgment of the court to enter the same
of record and to cancel such original certificate of naturalization, if
there be any, upon the records and to notify the Attorney General of the
entry of such order and of such cancellation.''
Subsec. (i). Pub. L. 101-649, 407(d)(18)(D), substituted ''the
Attorney General to correct, reopen, alter, modify, or vacate an order
naturalizing the person'' for ''any naturalization court, by or in which
a person has been naturalized, to correct, reopen, alter, modify, or
vacate its judgment or decree naturalizing such person, during the term
of such court or within the time prescribed by the rules of procedure or
statutes governing the jurisdiction of the court to take such action''.
1988 -- Subsec. (c). Pub. L. 100-525, 9(dd)(1), substituted
''December 24, 1952'' for ''the effective date of this chapter''.
Subsecs. (e) to (j). Pub. L. 100-525, 9(dd)(2), (3), redesignated
former subsecs. (f) to (j) as (e) to (i), respectively, and struck out
former subsec. (e) which read as follows: ''The revocation and setting
aside of the order admitting any person to citizenship and canceling his
certificate of naturalization under the provisions of subsection (a) of
section 338 of the Nationality Act of 1940 shall not, where such action
takes place after the effective date of this chapter, result in the loss
of citizenship or any right or privilege of citizenship which would have
been derived by or been available to a wife or minor child of the
naturalized person had such naturalization not been revoked: Provided,
That this subsection shall not apply in any case in which the revocation
and setting aside of the order was the result of actual fraud.''
1986 -- Subsec. (d). Pub. L. 99-653 substituted ''one year'' for
''five years''.
1961 -- Subsec. (a). Pub. L. 87-301, 18(a), inserted ''were
illegally procured or'' after ''that such order and certificate of
naturalization''.
Subsec. (b). Pub. L. 87-301, 18(b), inserted ''illegally procured
or'' before ''procured by concealment''.
1954 -- Subsec. (a). Act Sept. 3, 1954, substituted ''United States
attorneys'' for ''United States district attorneys''.
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this
title.
Section 23(f) of Pub. L. 99-653, as added by Pub. L. 100-525,
8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: ''The amendment
made by section 17 (amending this section) shall not apply to
individuals who have taken up permanent residence outside the United
States before November 14, 1986.''
Contempts, see section 401 et seq. of Title 18, Crimes and Criminal
Procedure.
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Child, as used in subchapters I and II of this chapter, see section
1101(b)(1) of this title.
Child, as used in this subchapter, see section 1101(c)(1) of this
title.
Commissioner, see section 1101(a)(8) of this title.
Consular officer, see section 1101(a)(9) of this title.
Naturalization, see section 1101(a)(23) of this title.
Organization, see section 1101(a)(28) of this title.
Parent, as used in subchapters I and II of this chapter, see section
1101(b)(2) of this title.
Parent, as used in this subchapter, see section 1101(c)(2) of this
title.
Permanent, see section 1101(a)(31) of this title.
Residence, see section 1101(a)(33) of this title.
Spouse, wife or husband, see section 1101(a)(35) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1452. Certificates of citizenship or U.S. non-citizen national
status; procedure
TITLE 8 -- ALIENS AND NATIONALITY
(a) Application to Attorney General for certificate of citizenship;
proof; oath of allegiance
A person who claims to have derived United States citizenship through
the naturalization of a parent or through the naturalization or
citizenship of a husband, or who is a citizen of the United States by
virtue of the provisions of section 1993 of the United States Revised
Statutes, or of section 1993 of the United States Revised Statutes, as
amended by section 1 of the Act of May 24, 1934 (48 Stat. 797), or who
is a citizen of the United States by virtue of the provisions of
subsection (c), (d), (e), (g), or (i) of section 201 of the Nationality
Act of 1940, as amended (54 Stat. 1138), or of the Act of May 7, 1934
(48 Stat. 667), or of paragraph (c), (d), (e), or (g) of section 1401 of
this title, or under the provisions of the Act of August 4, 1937 (50
Stat. 558), or under the provisions of section 203 or 205 of the
Nationality Act of 1940 (54 Stat. 1139), or under the provisions of
section 1403 of this title, may apply to the Attorney General for a
certificate of citizenship. Upon proof to the satisfaction of the
Attorney General that the applicant is a citizen, and that the
applicant's alleged citizenship was derived as claimed, or acquired, as
the case may be, and upon taking and subscribing before a member of the
Service within the United States to the oath of allegiance required by
this chapter of an applicant for naturalization, such individual shall
be furnished by the Attorney General with a certificate of citizenship,
but only if such individual is at the time within the United States.
(b) Application to Secretary of State for certificate of non-citizen
national status; proof; oath of allegiance
A person who claims to be a national, but not a citizen, of the
United States may apply to the Secretary of State for a certificate of
non-citizen national status. Upon --
(1) proof to the satisfaction of the Secretary of State that the
applicant is a national, but not a citizen, of the United States, and
(2) in the case of such a person born outside of the United States or
its outlying possessions, taking and subscribing, before an immigration
officer within the United States or its outlying possessions, to the
oath of allegiance required by this chapter of a petitioner for
naturalization,
the individual shall be furnished by the Secretary of State with a
certificate of non-citizen national status, but only if the individual
is at the time within the United States or its outlying possessions.
(c) Application to Attorney General for certificate of citizenship
for adopted child
(1) The adoptive citizen parent or parents of a child described in
paragraph (2) may apply to the Attorney General for a certificate of
citizenship for the child. Upon proof to the satisfaction of the
Attorney General that the applicant and spouse, if married, are citizens
of the United States, whether by birth or by naturalization, and that
the child is described in paragraph (2), the child shall become a
citizen of the United States and shall be furnished by the Attorney
General with a certificate of citizenship, but only if the child is at
the time within the United States.
(2) A child described in this paragraph is a child born outside of
the United States who --
(A) is under the age of 18 years,
(B) is adopted before the child reached the age of 16 years by a
parent who is a citizen of the United States, either by birth or
naturalization, and
(C) is residing in the United States in the custody of the adopting
citizen parent, pursuant to a lawful admission for permanent residence.
(June 27, 1952, ch. 477, title III, ch. 2, 341, 66 Stat. 263; Dec.
29, 1981, Pub. L. 97-116, 18(p), 95 Stat. 1621; Aug. 27, 1986, Pub. L.
99-396, 16(a), 100 Stat. 843; Nov. 14, 1986, Pub. L. 99-653, 22, 100
Stat. 3658; Oct. 24, 1988, Pub. L. 100-525, 8(q), 102 Stat. 2618;
Dec. 12, 1991, Pub. L. 102-232, title III, 305(m)(8), 105 Stat. 1750.)
Section 1993 of the Revised Statutes, referred to in subsec. (a),
which was classified to section 6 of this title, was repealed by act
Oct. 14, 1940, ch. 876, title I, subch. V, 504, 54 Stat. 1172.
The Nationality Act of 1940, referred to in subsec. (a), is act Oct.
14, 1940, ch. 876, 54 Stat. 1137, as amended. Sections 201, 203, and
205 of the Nationality Act of 1940, which were classified to sections
601, 603, and 605, respectively, of this title, were repealed by section
403(a)(42) of act June 27, 1952.
Act May 7, 1934 (48 Stat. 667), referred to in subsec. (a), which
was classified to sections 3b and 3c of this title, was omitted from the
Code.
Act Aug. 4, 1937, referred to in subsec. (a), which was classified
to sections 5d and 5e of this title, was repealed by act Oct. 14, 1940,
ch. 876, title I, subch. V, 504, 54 Stat. 1172.
1991 -- Subsec. (a). Pub. L. 102-232 substituted ''an applicant''
for ''a petitioner''.
1988 -- Subsec. (c). Pub. L. 100-525 amended Pub. L. 99-653. See
1986 Amendment note below.
1986 -- Pub. L. 99-396, 16(a)(1), inserted reference to
certificates of non-citizen national status in section catchline.
Subsecs. (a), (b). Pub. L. 99-396, 16(a)(2), (3), designated
existing provisions as subsec. (a) and added subsec. (b).
Subsec. (c). Pub. L. 99-653, as amended by Pub. L. 100-525, added
subsec. (c).
1981 -- Pub. L. 97-116 substituted ''(c), (d), (e), or (g) of
section 1401'' for ''(3), (4), (5), or (7) of section 1401(a)''.
Section 305(m) of Pub. L. 102-232 provided that the amendment made
by that section is effective as if included in section 407(d) of the
Immigration Act of 1990, Pub. L. 101-649.
Amendment by Pub. L. 100-525 effective as if included in the
enactment of the Immigration and Nationality Act Amendments of 1986,
Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as
an Effective and Termination Dates of 1988 Amendments note under section
1101 of this title.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
on Fees for Processing Applications Filed Before End
of Fiscal Year 1987
Section 16(c) of Pub. L. 99-396 provided that: ''The Secretary of
State may not impose a fee exceeding $35 for the processing of an
application for a certificate of non-citizen national status under
section 341(b) of the Immigration and Nationality Act (8 U.S.C.
1452(b)) filed before the end of fiscal year 1987.''
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Husband, see section 1101(a)(35) of this title.
Naturalization, see section 1101(a)(23) of this title.
Parent, as used in subchapters I and II of this chapter, see section
1101(b)(2) of this title.
Parent, as used in this subchapter, see section 1101(c)(2) of this
title.
Service, see section 1101(a)(34) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1453. Cancellation of certificates issued by Attorney General,
the Commissioner or a Deputy Commissioner; action not to affect
citizenship status
TITLE 8 -- ALIENS AND NATIONALITY
The Attorney General is authorized to cancel any certificate of
citizenship, certificate of naturalization, copy of a declaration of
intention, or other certificate, document or record heretofore issued or
made by the Commissioner or a Deputy Commissioner or hereafter made by
the Attorney General if it shall appear to the Attorney General's
satisfaction that such document or record was illegally or fraudulently
obtained from, or was created through illegality or by fraud practiced
upon, him or the Commissioner or a Deputy Commissioner; but the person
for or to whom such document or record has been issued or made shall be
given at such person's last-known place of address written notice of the
intention to cancel such document or record with the reasons therefor
and shall be given at least sixty days in which to show cause why such
document or record should not be canceled. The cancellation under this
section of any document purporting to show the citizenship status of the
person to whom it was issued shall affect only the document and not the
citizenship status of the person in whose name the document was issued.
(June 27, 1952, ch. 477, title III, ch. 2, 342, 66 Stat. 263.)
Section effective 180 days after June 27, 1952, see section 407 of
act June 27, 1952, set out as a note under section 1101 of this title.
Definition of attorney general, commissioner, and deputy
commissioner, see section 1101 of this title.
08 USC 1454. Documents and copies issued by Attorney General
TITLE 8 -- ALIENS AND NATIONALITY
(a) If any certificate of naturalization or citizenship issued to any
citizen or any declaration of intention furnished to any declarant is
lost, mutilated, or destroyed, the citizen or declarant may make
application to the Attorney General for a new certificate or
declaration. If the Attorney General finds that the certificate or
declaration is lost, mutilated, or destroyed, he shall issue to the
applicant a new certificate or declaration. If the certificate or
declaration has been mutilated, it shall be surrendered to the Attorney
General before the applicant may receive such new certificate or
declaration. If the certificate or declaration has been lost, the
applicant or any other person who shall have, or may come into
possession of it is required to surrender it to the Attorney General.
(b) The Attorney General shall issue for any naturalized citizen, on
such citizen's application therefor, a special certificate of
naturalization for use by such citizen only for the purpose of obtaining
recognition as a citizen of the United States by a foreign state. Such
certificate when issued shall be furnished to the Secretary of State for
transmission to the proper authority in such foreign state.
(c) If the name of any naturalized citizen has, subsequent to
naturalization, been changed by order of any court of competent
jurisdiction, or by marriage, the citizen may make application for a new
certificate of naturalization in the new name of such citizen. If the
Attorney General finds the name of the applicant to have been changed as
claimed, the Attorney General shall issue to the applicant a new
certificate and shall notify the naturalization court of such action.
(d) The Attorney General is authorized to make and issue
certifications of any part of the naturalization records of any court,
or of any certificate of naturalization or citizenship, for use in
complying with any statute, State or Federal, or in any judicial
proceeding. No such certification shall be made by any clerk of court
except upon order of the court.
(June 27, 1952, ch. 477, title III, ch. 2, 343, 66 Stat. 263; Oct.
24, 1988, Pub. L. 100-525, 9(ee), 102 Stat. 2621.)
1988 -- Pub. L. 100-525 redesignated subsecs. (b) to (e) as (a) to
(d), respectively, and struck out former subsec. (a) which read as
follows: ''A person who claims to have been naturalized in the United
States under section 323 of the Nationality Act of 1940 may make
application to the Attorney General for a certificate of naturalization.
Upon proof to the satisfaction of the Attorney General that the
applicant is a citizen and that he has been naturalized as claimed in
the application, such individual shall be furnished a certificate of
naturalization by the Attorney General, but only if the applicant is at
the time within the United States.''
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Foreign state, see section 1101(a)(14) of this title.
Naturalization, see section 1101(a)(23) of this title.
Unmarried, see section 1101(a)(39) of this title.
08 USC 1455. Fiscal provisions
TITLE 8 -- ALIENS AND NATIONALITY
(a) The Attorney General shall charge, collect, and account for fees
prescribed by the Attorney General pursuant to section 9701 of title 31
for the following:
(1) Making, filing, and docketing an application for naturalization,
including the hearing on such application, if such hearing be held, and
a certificate of naturalization, if the issuance of such certificate is
authorized by the Attorney General.
(2) Receiving and filing a declaration of intention, and issuing a
duplicate thereof.
(b) Notwithstanding the provisions of this chapter or any other law,
no fee shall be charged or collected for an application for declaration
of intention or a certificate of naturalization in lieu of a declaration
or a certificate alleged to have been lost, mutilated, or destroyed,
submitted by a person who was a member of the military or naval forces
of the United States at any time after April 20, 1898, and before July
5, 1902; or at any time after April 5, 1917, and before November 12,
1918; or who served on the Mexican border as a member of the Regular
Army or National Guard between June 1916 and April 1917; or who has
served or hereafter serves in the military, air, or naval forces of the
United States after September 16, 1940, and who was not at any time
during such period or thereafter separated from such forces under other
than honorable conditions, who was not a conscientious objector who
performed no military duty whatever or refused to wear the uniform, or
who was not at any time during such period or thereafter discharged from
such military, air, or naval forces on account of alienage.
(c) All fees collected by the Attorney General shall be deposited by
the Attorney General in the Treasury of the United States except that
all such fees collected or paid over on or after October 1, 1988, shall
be deposited in the Immigration Examinations Fee Account established
under section 1356(m) of this title: Provided, however, That all fees
received by the Attorney General from applicants residing in the Virgin
Islands of the United States, and in Guam, under this subchapter, shall
be paid over to the treasury of the Virgin Islands and to the treasury
of Guam, respectively.
(d) During the time when the United States is at war the Attorney
General may not charge or collect a naturalization fee from an alien in
the military, air, or naval service of the United States for filing an
application for naturalization or issuing a certificate of
naturalization upon admission to citizenship.
(e) In addition to the other fees required by this subchapter, the
applicant for naturalization shall, upon the filing of an application
for naturalization, deposit with and pay to the Attorney General a sum
of money sufficient to cover the expenses of subpenaing and paying the
legal fees of any witnesses for whom such applicant may request a
subpena, and upon the final discharge of such witnesses, they shall
receive, if they demand the same from the Attorney General, the
customary and usual witness fees from the moneys which the applicant
shall have paid to the Attorney General for such purpose, and the
residue, if any, shall be returned by the Attorney General to the
applicant.
(f)(1) The Attorney General shall pay over to courts administering
oaths of allegiance to persons under this subchapter a specified
percentage of all fees described in subsection (a)(1) of this section
collected by the Attorney General with respect to persons administered
the oath of allegiance by the respective courts. The Attorney General,
annually and in consultation with the courts, shall determine the
specified percentage based on the proportion, of the total costs
incurred by the Service and courts for essential services directly
related to the naturalization process, which are incurred by courts.
(2) The Attorney General shall provide on an annual basis to the
Committees on the Judiciary of the House of Representatives and of the
Senate a detailed report on the use of the fees described in paragraph
(1) and shall consult with such Committees before increasing such fees.
(June 27, 1952, ch. 477, title III, ch. 2, 344, 66 Stat. 264; July
7, 1958, Pub. L. 85-508, 26, 72 Stat. 351; Oct. 21, 1968, Pub. L.
90-609, 3, 82 Stat. 1200; Dec. 29, 1981, Pub. L. 97-116, 16, 95 Stat.
1619; Oct. 1, 1988, Pub. L. 100-459, title II, 209(b), 102 Stat. 2203;
Oct. 24, 1988, Pub. L. 100-525, 9(ff), 102 Stat. 2621; Nov. 29, 1990,
Pub. L. 101-649, title IV, 407(c)(20), (d)(19), 104 Stat. 5041, 5046;
Dec. 12, 1991, Pub. L. 102-232, title I, 102(b)(3), title III,
305(l), 309(a)(1)(A)(ii), (b)(14), 105 Stat. 1736, 1750, 1758, 1759.)
1991 -- Subsec. (a). Pub. L. 102-232, 305(l), made technical
correction to Pub. L. 101-649, 407(d)(19)(A)(i). See 1990 Amendment
note below.
Subsec. (c). Pub. L. 102-232, 309(b)(14), which provided for a
clarifying amendment to subsec. (c), could not be executed, because the
phrase which was to be amended did not appear after the amendment by
Pub. L. 102-232, 309(a)(1)(A)(ii), see below.
Pub. L. 102-232, 309(a)(1)(A)(ii), amended Pub. L. 100-459. See
1988 Amendment note for subsec. (g) below.
Subsec. (f). Pub. L. 102-232, 102(b)(3), added subsec. (f).
1990 -- Subsec. (a). Pub. L. 101-649, 407(d)(19)(A)(i), as amended
by Pub. L. 102-232, 305(l), substituted ''The Attorney General'' for
''The clerk of court''.
Subsec. (a)(1). Pub. L. 101-649, 407(c)(20), (d)(19)(A)(ii), (iii),
substituted ''an application'' for ''a petition'' and ''application''
for ''petition'', struck out ''final'' before ''hearing'', and
substituted ''the Attorney General'' for ''the naturalization court''.
Subsec. (c). Pub. L. 101-649, 407(d)(19)(B), (C), (F), redesignated
subsec. (g) as (c), struck out '', and all fees paid over to the
Attorney General by clerks of courts under the provisions of this
subchapter,'' before ''shall be deposited by'' and ''or by the clerks of
the courts'' before ''from applicants residing in'', and struck out
former subsec. (c) which read as follows: ''The clerk of any
naturalization court specified in subsection (a) of section 1421 of this
title (except the courts specified in subsection (d) of this section)
shall account for and pay over to the Attorney General one-half of all
fees up to the sum of $40,000, and all fees in excess of $40,000,
collected by any such clerk in naturalization proceedings in any fiscal
year.''
Subsec. (d). Pub. L. 101-649, 407(c)(20), (d)(19)(B), (D), (F),
redesignated subsec. (h) as (d), substituted ''the Attorney General may
not'' for ''no clerk of a United States court shall'' and ''an
application'' for ''a petition'', struck out before period at end '',
and no clerk of any State court shall charge or collect any fee for such
services unless the laws of the State require such charge to be made, in
which case nothing more than the portion of the fee required to be paid
to the State shall be charged or collected. A report of all
transactions under this subsection shall be made to the Attorney General
as in the case of other reports required of clerks of courts by this
subchapter'' and struck out former subsec. (d) which read as follows:
''The clerk of any United States district court (except in the District
Court of the Virgin Islands of the United States and in the District
Court of Guam) shall account for and pay over to the Attorney General
all fees collected by any such clerk in naturalization proceedings:
Provided, however, That the clerk of the District Court of the Virgin
Islands of the United States and of the District Court of Guam shall
report but shall not be required to pay over to the Attorney General the
fees collected by any such clerk in naturalization proceedings.''
Subsec. (e). Pub. L. 101-649, 407(c)(20), (d)(19)(B), (E), (F),
redesignated subsec. (i) as (e), substituted ''an application'' for ''a
petition'' and ''applicant'' for ''petitioner'' wherever appearing,
substituted references to Attorney General for references to clerk of
court wherever appearing, and struck out former subsec. (e) which read
as follows: ''The accounting required by subsections (c) and (d) of
this section shall be made and the fees paid over to the Attorney
General by such respective clerks in their quarterly accounts which they
are required to render to the Attorney General within thirty days from
the close of each quarter of each and every fiscal year, in accordance
with regulations prescribed by the Attorney General.''
Subsec. (f). Pub. L. 101-649, 407(d)(19)(B), struck out subsec. (f)
which read as follows: ''The clerks of the various naturalization
courts shall pay all additional clerical force that may be required in
performing the duties imposed by this subchapter upon clerks of courts
from fees retained under the provisions of this section by such clerks
in naturalization proceedings.''
Subsecs. (g) to (i). Pub. L. 101-649, 407(d)(19)(F), redesignated
subsecs. (g) to (i) as (c) to (e), respectively.
1988 -- Subsec. (a). Pub. L. 100-525 substituted ''section 9701 of
title 31'' for ''title V of the Independent Offices Appropriation Act,
1952 (65 Stat. 290)'' in introductory provisions.
Subsec. (g). Pub. L. 100-459, as amended by Pub. L. 102-232,
309(a)(1)(A)(ii), inserted ''except that all such fees collected or paid
over on or after October 1, 1988, shall be deposited in the Immigration
Examinations Fee Account established under section 1356(m) of this
title'' after ''Treasury of the United States''.
1981 -- Subsec. (c). Pub. L. 97-116 substituted ''$40,000'' for
''$6,000'' in two places.
1968 -- Subsec. (a). Pub. L. 90-609 inserted reference to section
483a of title 31 and substituted provisions making reference to setting
of fees by Attorney General for provisions establishing fees of $10 and
$5 respectively for covered services.
Subsec. (b). Pub. L. 90-609 struck out provisions setting fixed
dollar amounts for specified services to be charged, collected, and
accounted for by Attorney General.
Subsec. (g). Pub. L. 90-609 substituted fees received under this
subchapter for fees received under subsec. (b) of this section as
description of fees received from applicants residing in the Virgin
Islands of the United States and in Guam which are turned over to the
treasury of the Virgin Islands and Guam respectively.
1958 -- Subsec. (d). Pub. L. 85-508 struck out ''in Alaska and''
before ''in the District Court of the Virgin Islands''.
Amendment by section 102(b)(3) of Pub. L. 102-232 effective 30 days
after Dec. 12, 1991, see section 102(c) of Pub. L. 102-232, set out as
a note under section 1421 of this title.
Amendment by section 305(l) of Pub. L. 102-232 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 310(1) of Pub. L. 102-232, set out as a note under
section 1101 of this title.
Amendment by section 309(a) of Pub. L. 102-232 effective as if
included in the enactment of the Department of Justice Appropriations
Act, 1989, Pub. L. 100-459, title II, and effective with respect to
allotments for fiscal years beginning with fiscal year 1989, see
sections 309(a)(3) and 310(2) of Pub. L. 102-232, set out as notes
under sections 1356 and 1101 of this title, respectively.
Amendment by Pub. L. 97-116 applicable to fiscal years beginning on
or after Oct. 1, 1981, see section 21(b)(2) of Pub. L. 97-116, set out
as a note under section 1101 of this title.
Effectiveness of amendment of this section by Pub. L. 85-508 was
dependent on admission of Alaska into the Union under section 8(b) of
Pub. L. 85-508. Admission was accomplished Jan. 3, 1959 on issuance of
Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required
by sections 1 and 8(c) of Pub. L. 85-508. See notes preceding former
section 21 of Title 48, Territories and Insular Possessions.
Audit of vouchers and accounts of the courts and their clerical and
administrative personnel by Director of Administrative Office of the
United States Courts, see section 604 of Title 28, Judiciary and
Judicial Procedure.
Clerk of each district court to pay into the Treasury all fees, costs
and other moneys collected by him except certain naturalization fees,
see section 751 of Title 28.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Attorney General, see section 1101(a)(5) of this title.
Naturalization, see section 1101(a)(23) of this title.
Service, see section 1101(a)(34) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1456. Repealed. Pub. L. 86-682, 12(c), Sept. 2, 1960, 74
Stat. 708, eff. Sept. 1, 1960
TITLE 8 -- ALIENS AND NATIONALITY
Section, act June 27, 1952, ch. 477, title III, ch. 2, 345, 66
Stat. 266, related to free transmittal of official mail in
naturalization matters. See section 3202 of Title 39, Postal Service.
08 USC 1457. Publication and distribution of citizenship textbooks;
use of naturalization fees
TITLE 8 -- ALIENS AND NATIONALITY
Authorization is granted for the publication and distribution of the
citizenship textbook described in subsection (b) of section 1443 of this
title and for the reimbursement of the appropriation of the Department
of Justice upon the records of the Treasury Department from the
naturalization fees deposited in the Treasury through the Service for
the cost of such publication and distribution, such reimbursement to be
made upon statements by the Attorney General of books so published and
distributed.
(June 27, 1952, ch. 477, title III, ch. 2, 346, 66 Stat. 266.)
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Naturalization, see section 1101(a)(23) of this title.
Service, see section 1101(a)(34) of this title.
08 USC 1458. Compilation of naturalization statistics and payment for
equipment
TITLE 8 -- ALIENS AND NATIONALITY
The Attorney General is authorized and directed to prepare from the
records in the custody of the Service a report upon those heretofore
seeking citizenship to show by nationalities their relation to the
numbers of aliens annually arriving and to the prevailing census
populations of the foreign-born, their economic, vocational, and other
classification, in statistical form, with analytical comment thereon,
and to prepare such report annually hereafter. Payment for the
equipment used in preparing such compilation shall be made from the
appropriation for the enforcement of this chapter by the Service.
(June 27, 1952, ch. 477, title III, ch. 2, 347, 66 Stat. 266.)
Section effective 180 days after June 27, 1952, see section 407 of
act June 27, 1952, set out as a note under section 1101 of this title.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Attorney General, see section 1101(a)(5) of this title.
Naturalization, see section 1101(a)(23) of this title.
Service, see section 1101(a)(34) of this title.
08 USC 1459. Repealed. Pub. L. 101-649, title IV, 407(d)(20), Nov.
29, 1990, 104 Stat. 5046
TITLE 8 -- ALIENS AND NATIONALITY
Section, acts June 27, 1952, ch. 477, title III, ch. 2, 348, 66
Stat. 267; Oct. 24, 1988, Pub. L. 100-525, 9(gg), 102 Stat. 2622,
related to admissibility in evidence of statements voluntarily made to
officers and employees in course of their official duties and penalties
for failure of clerk of court to perform duties.
08 USC Part III -- Loss of Nationality
TITLE 8 -- ALIENS AND NATIONALITY
08 USC 1481. Loss of nationality by native-born or naturalized
citizen; voluntary action; burden of proof; presumptions
TITLE 8 -- ALIENS AND NATIONALITY
(a) A person who is a national of the United States whether by birth
or naturalization, shall lose his nationality by voluntarily performing
any of the following acts with the intention of relinquishing United
States nationality --
(1) obtaining naturalization in a foreign state upon his own
application or upon an application filed by a duly authorized agent,
after having attained the age of eighteen years; or
(2) taking an oath or making an affirmation or other formal
declaration of allegiance to a foreign state or a political subdivision
thereof, after having attained the age of eighteen years; or
(3) entering, or serving in, the armed forces of a foreign state if
(A) such armed forces are engaged in hostilities against the United
States, or (B) such persons serve as a commissioned or non-commissioned
officer; or
(4)(A) accepting, serving in, or performing the duties of any office,
post, or employment under the government of a foreign state or a
political subdivision thereof, after attaining the age of eighteen years
if he has or acquires the nationality of such foreign state; or (B)
accepting, serving in, or performing the duties of any office, post, or
employment under the government of a foreign state or a political
subdivision thereof, after attaining the age of eighteen years for which
office, post, or employment an oath, affirmation, or declaration of
allegiance is required; or
(5) making a formal renunciation of nationality before a diplomatic
or consular officer of the United States in a foreign state, in such
form as may be prescribed by the Secretary of State; or
(6) making in the United States a formal written renunciation of
nationality in such form as may be prescribed by, and before such
officer as may be designated by, the Attorney General, whenever the
United States shall be in a state of war and the Attorney General shall
approve such renunciation as not contrary to the interests of national
defense; or
(7) committing any act of treason against, or attempting by force to
overthrow, or bearing arms against, the United States, violating or
conspiring to violate any of the provisions of section 2383 of title 18,
or willfully performing any act in violation of section 2385 of title
18, or violating section 2384 of title 18 by engaging in a conspiracy to
overthrow, put down, or to destroy by force the Government of the United
States, or to levy war against them, if and when he is convicted thereof
by a court martial or by a court of competent jurisdiction.
(b) Whenever the loss of United States nationality is put in issue in
any action or proceeding commenced on or after September 26, 1961 under,
or by virtue of, the provisions of this chapter or any other Act, the
burden shall be upon the person or party claiming that such loss
occurred, to establish such claim by a preponderance of the evidence.
Any person who commits or performs, or who has committed or performed,
any act of expatriation under the provisions of this chapter or any
other Act shall be presumed to have done so voluntarily, but such
presumption may be rebutted upon a showing, by a preponderance of the
evidence, that the act or acts committed or performed were not done
voluntarily.
(June 27, 1952, ch. 477, title III, ch. 3, 349, 66 Stat. 267; Sept.
3, 1954, ch. 1256, 2, 68 Stat. 1146; Sept. 26, 1961, Pub. L. 87-301,
19, 75 Stat. 656; Sept. 14, 1976, Pub. L. 94-412, title V, 501(a), 90
Stat. 1258; Oct. 10, 1978, Pub. L. 95-432, 2, 4, 92 Stat. 1046; Dec.
29, 1981, Pub. L. 97-116, 18(k)(2), (q), 95 Stat. 1620, 1621; Nov.
14, 1986, Pub. L. 99-653, 18, 19, 100 Stat. 3658; Oct. 24, 1988, Pub.
L. 100-525, 8(m), (n), 9(hh), 102 Stat. 2618, 2622.)
The effective date of this chapter, referred to in subsec. (a), is
the 180th day immediately following June 27, 1952. See section 407 of
act June 27, 1952, set out as an Effective Date note under section 1101
of this title.
1988 -- Subsec. (a). Pub. L. 100-525, 9(hh), substituted ''A
person'' for ''From and after the effective date of this chapter a
person''.
Subsecs. (a) to (c). Pub. L. 100-525, 8(m), (n), amended Pub. L.
99-653. See 1986 Amendment notes below.
1986 -- Subsec. (a). Pub. L. 99-653, 18(a), as amended by Pub. L.
100-525, 8(m)(1), inserted ''voluntarily performing any of the
following acts with the intention of relinquishing United States
nationality'' after ''his nationality by''.
Subsec. (a)(1). Pub. L. 99-653, 18(b), substituted ''or upon an
application filed by a duly authorized agent, after having attained the
age of eighteen years'' for ''upon an application filed in his behalf by
a parent, guardian, or duly authorized agent, or through the
naturalization of a parent having legal custody of such person:
Provided That nationality shall not be lost by any person under this
section as the result of the naturalization of a parent or parents while
such person is under the age of twenty-one years, or as the result of a
naturalization obtained on behalf of a person under twenty-one years of
age by a parent, guardian, or duly authorized agent, unless such person
shall fail to enter the United States to establish a permanent residence
prior to his twenty-fifth birthday: And provided further, That a person
who shall have lost nationality prior to January 1, 1948, through the
naturalization in a foreign state of a parent or parents, may, within
one year from the effective date of this chapter, apply for a visa and
for admission to the United States as a special immigrant under the
provisions of section 1101(a)(27)(E) of this title''.
Subsec. (a)(2). Pub. L. 99-653, 18(c), inserted '', after having
attained the age of eighteen years'' after ''political subdivision
thereof''.
Subsec. (a)(3). Pub. L. 99-653, 18(d), as amended by Pub. L.
100-525, 8(m)(2), substituted ''if (A) such armed forces are engaged in
hostilities against the United States, or (B) such persons serve as a
commissioned or non-commissioned officer; or'' for ''unless, prior to
such entry or service, such entry or service is specifically authorized
in writing by the Secretary of State and the Secretary of Defense:
Provided, That the entry into such service by a person prior to the
attainment of his eighteenth birthday shall serve to expatriate such
person only if there exists an option to secure a release from such
service and such person fails to exercise such option at the attainment
of his eighteenth birthday; or''.
Subsec. (a)(4). Pub. L. 99-653, 18(e), (f), as amended by Pub. L.
100-525, 8(m)(3), inserted ''after attaining the age of eighteen
years'' after ''political subdivision thereof,'' in subpars. (A) and
(B).
Subsecs. (b), (c). Pub. L. 99-653, 19, as amended by Pub. L.
100-525, 8(n), redesignated former subsec. (c) as (b) and substituted
''Any'' for ''Except as provided in subsection (b) of this section,
any'', and struck out former subsec. (b) which read as follows: ''Any
person who commits or performs any act specified in subsection (a) of
this section shall be conclusively presumed to have done so voluntarily
and without having been subjected to duress of any kind, if such person
at the time of the act was a national of the state in which the act was
performed and had been physically present in such state for a period or
periods totaling ten years or more immediately prior to such act.''
1981 -- Subsec. (a). Pub. L. 97-116 struck out ''(a)'' designation
as added by section 4 of Pub. L. 95-432, which was not executed since
it would have resulted in a subsec. (a) designation of ''(a)(a)'', and
substituted in par. (1) ''special immigrant'' for ''nonquota
immigrant''.
1978 -- Subsec. (a)(5). Pub. L. 95-432, 2, 4, redesignated par.
(6) as (5). Former par. (5), which dealt with expatriation of persons
who voted in a political election in a foreign state or participated in
an election or plebiscite to determine sovereignty over foreign
territory, was struck out.
Subsec. (a)(6), (7). Pub. L. 95-432, 4, redesignated pars. (7) and
(9) as (6) and (7), respectively. Former pars. (6) and (7)
redesignated (5) and (6), respectively.
Subsec. (a)(8). Pub. L. 95-432, 2, struck out par. (8) which dealt
with expatriation of persons who were dismissed or dishonorably
discharged as result of deserting the military, air, or naval forces of
the United States in time of war.
Subsec. (a)(9). Pub. L. 95-432, 4, redesignated par. (9) as (7).
1976 -- Subsec. (a)(10). Pub. L. 94-412 struck out par. (10) which
dealt with the expatriation of persons who remained outside of the
jurisdiction of the United States in time of war or national emergency
to avoid service in the military.
1961 -- Subsec. (c). Pub. L. 87-301 added subsec. (c).
1954 -- Subsec. (a)(9). Act Sept. 3, 1954, provided for forfeiture
of citizenship of persons advocating the overthrow of the Government by
force or violence.
Amendment by section 8(m), (n) of Pub. L. 100-525 effective as if
included in the enactment of the Immigration and Nationality Act
Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L.
102-232, set out as an Effective and Termination Dates of 1988
Amendments note under section 1101 of this title.
Section 23(g) of Pub. L. 99-653, as added by Pub. L. 100-525,
8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: ''The amendments
made by sections 18, 19, and 20 (amending this section and section 1483
of this title) shall apply to actions taken before, on, or after
November 14, 1986.''
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Section 1 of act Sept. 3, 1954, provided: ''That this Act (amending
this section) may be cited as the 'Expatriation Act of 1954'.''
Amendment by Pub. L. 94-412 not to affect any action taken or
proceeding pending at the time of amendment, see section 501(h) of Pub.
L. 94-412, set out as a note under section 1601 of Title 50, War and
National Defense.
R.S. 1999 provided that: ''Whereas the right of expatriation is a
natural and inherent right of all people, indispensable to the enjoyment
of the rights of life, liberty, and the pursuit of happiness; and
whereas in the recognition of this principle this Government has freely
received emigrants from all nations, and invested them with the rights
of citizenship; and whereas it is claimed that such American citizens,
with their descendants, are subjects of foreign states, owing allegiance
to the governments thereof; and whereas it is necessary to the
maintenance of public peace that this claim of foreign allegiance should
be promptly and finally disavowed: Therefore any declaration,
instruction, opinion, order, or decision of any officer of the United
States which denies, restricts, impairs, or questions the right of
expatriation, is declared inconsistent with the fundamental principles
of the Republic.''
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Consular officer, see section 1101(a)(9) of this title.
Foreign state, see section 1101(a)(14) of this title.
National, see section 1101(a)(21) of this title.
National of the United States, see section 1101(a)(22) of this title.
Naturalization, see section 1101(a)(23) of this title.
Parent, as used in subchapters I and II of this chapter, see section
1101(b)(2) of this title.
Parent, as used in this subchapter, see section 1101(c)(2) of this
title.
United States, see section 1101(a)(38) of this title.
Treason, sedition and subversive activities, see section 2381 et seq.
of Title 18, Crimes and Criminal Procedure.
08 USC 1482. Repealed. Pub. L. 95-432, 1, Oct. 10, 1978, 92 Stat.
1046
TITLE 8 -- ALIENS AND NATIONALITY
Section, act June 27, 1952, ch. 477, title III, ch. 3, 350, 66
Stat. 269, provided that an individual with dual nationality who
voluntarily claims the benefits of the foreign state nationality loses
his United States nationality by having continuous residence in the
foreign state for 3 years after having attained 22 years of age unless
prior to the 3 year period he takes an oath of allegiance to the United
States, or his residence in the foreign state was for a reason specified
in section 1485(1), (2), (4), (5), (6), (7), or (8) of this title or
section 1486(1) or (2) of this title.
Section 1 of Pub. L. 95-432 provided that repeal of this section is
effective Oct. 10, 1978.
08 USC 1483. Restrictions on expatriation
TITLE 8 -- ALIENS AND NATIONALITY
(a) Except as provided in paragraphs (6) and (7) of section 1481(a)
of this title, no national of the United States can expatriate himself,
or be expatriated, under this chapter while within the United States or
any of its outlying possessions, but expatriation shall result from the
performance within the United States or any of its outlying possessions
of any of the acts or the fulfillment of any of the conditions specified
in this Part if and when the national thereafter takes up a residence
outside the United States and its outlying possessions.
(b) A national who within six months after attaining the age of
eighteen years asserts his claim to United States nationality, in such
manner as the Secretary of State shall by regulation prescribe, shall
not be deemed to have expatriated himself by the commission, prior to
his eighteenth birthday, of any of the acts specified in paragraphs (3)
and (5) of section 1481(a) of this title.
(June 27, 1952, ch. 477, title III, ch. 3, 351, 66 Stat. 269; Dec.
29, 1981, Pub. L. 97-116, 18(r), 95 Stat. 1621; Nov. 14, 1986, Pub. L.
99-653, 20, 100 Stat. 3658; Oct. 24, 1988, Pub. L. 100-525, 8(o), 102
Stat. 2618.)
1988 -- Subsec. (b). Pub. L. 100-525 amended Pub. L. 99-653. See
1986 Amendment note below.
1986 -- Subsec. (b). Pub. L. 99-653, as amended by Pub. L.
100-525, substituted ''paragraphs (3)'' for ''paragraphs (2), (4),''.
1981 -- Subsec. (a). Pub. L. 97-116, 18(r)(1), substituted
''paragraphs (6) and (7) of section 1481(a)'' for ''paragraphs (7), (8),
and (9) of section 1481''.
Subsec. (b). Pub. L. 97-116, 18(r)(2), substituted ''and (5)'' for
''(5), and (6)''.
Amendment by Pub. L. 100-525 effective as if included in the
enactment of the Immigration and Nationality Act Amendments of 1986,
Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as
an Effective and Termination Dates of 1988 Amendments note under section
1101 of this title.
Amendment by Pub. L. 99-653 applicable to actions taken before, on,
or after Nov. 14, 1986, see section 23(g) of Pub. L. 99-653, set out
as a note under section 1481 of this title.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Provisions preserving the right and disavowal of foreign allegiance,
see note under section 1481 of this title.
Definition of the term --
National of the United States, see section 1101(a)(22) of this title.
Outlying possessions of the United States, see section 1101(a)(29) of
this title.
United States, see section 1101(a)(38) of this title.
08 USC 1484 to 1487. Repealed. Pub. L. 95-432, 2, Oct. 10, 1978, 92
Stat. 1046
TITLE 8 -- ALIENS AND NATIONALITY
Section 1484, act June 27, 1952, ch. 477, title III, ch. 3, 352,
66 Stat. 269, related to loss of nationality by naturalized national by
continuous residence for 3 years in the territory or foreign state of
which the individual was a former national or in which his place of
birth was situated or continuous residence for 5 years in any other
foreign state or states.
Section 1485, acts June 27, 1952, ch. 477, title III, ch. 3, 353,
66 Stat. 270; Aug. 4, 1959, Pub. L. 86-129, 1, 73 Stat. 274,
provided exceptions for certain persons from loss of nationality
pursuant to section 1484.
Section 1486, acts June 27, 1952, ch. 477, title III, ch. 3, 354,
66 Stat. 271; Aug. 4, 1959, Pub. L. 86-129, 2, 3, 73 Stat. 274;
Sept. 26, 1961, Pub. L. 87-301, 20, 75 Stat. 656, provided exceptions
for certain persons from loss of nationality by continuous residence for
five years in any foreign country of which the individual was not a
national or in which his place of birth was situated.
Section 1487, act June 27, 1952, ch. 477, title III, ch. 3, 355,
66 Stat. 272, related to loss of American nationality through
expatriation of parents.
08 USC 1488. Nationality lost solely from performance of acts or
fulfillment of conditions
TITLE 8 -- ALIENS AND NATIONALITY
The loss of nationality under this Part shall result solely from the
performance by a national of the acts or fulfillment of the conditions
specified in this Part.
(June 27, 1952, ch. 477, title III, ch. 3, 356, 66 Stat. 272.)
Definition of the term national, see section 1101 of this title.
08 USC 1489. Application of treaties; exceptions
TITLE 8 -- ALIENS AND NATIONALITY
Nothing in this subchapter shall be applied in contravention of the
provisions of any treaty or convention to which the United States is a
party and which has been ratified by the Senate before December 25,
1952: Provided, however, That no woman who was a national of the United
States shall be deemed to have lost her nationality solely by reason of
her marriage to an alien on or after September 22, 1922, or to an alien
racially ineligible to citizenship on or after March 3, 1931, or, in the
case of a woman who was a United States citizen at birth, through
residence abroad following such marriage, notwithstanding the provisions
of any existing treaty or convention.
(June 27, 1952, ch. 477, title III, ch. 3, 357, 66 Stat. 272; Oct.
24, 1988, Pub. L. 100-525, 9(ii), 102 Stat. 2622.)
1988 -- Pub. L. 100-525 substituted ''before December 25, 1952'' for
''upon the effective date of this subchapter''.
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Ineligible to citizenship, see section 1101(a)(19) of this title.
National of the United States, see section 1101(a)(22) of this title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.
08 USC Part IV -- Miscellaneous
TITLE 8 -- ALIENS AND NATIONALITY
08 USC 1501. Certificate of diplomatic or consular officer of United
States as to loss of American nationality
TITLE 8 -- ALIENS AND NATIONALITY
Whenever a diplomatic or consular officer of the United States has
reason to believe that a person while in a foreign state has lost his
United States nationality under any provision of Part III of this
subchapter, or under any provision of chapter IV of the Nationality Act
of 1940, as amended, he shall certify the facts upon which such belief
is based to the Department of State, in writing, under regulations
prescribed by the Secretary of State. If the report of the diplomatic
or consular officer is approved by the Secretary of State, a copy of the
certificate shall be forwarded to the Attorney General, for his
information, and the diplomatic or consular office in which the report
was made shall be directed to forward a copy of the certificate to the
person to whom it relates.
(June 27, 1952, ch. 477, title III, ch. 4, 358, 66 Stat. 272.)
Chapter IV of the Nationality Act of 1940, as amended, referred to in
text, which was classified to sections 800 to 810 of this title, was
repealed by section 403(a)(42) of act June 27, 1952.
Section was formerly classified to section 100 of this title.
Definition of the term --
Attorney General, see section 1101(a)(5) of this title.
Consular officer, see section 1101(a)(9) of this title.
Foreign state, see section 1101(a)(14) of this title.
National of the United States, see section 1101(a)(22) of this title.
08 USC 1502. Certificate of nationality issued by Secretary of State
for person not a naturalized citizen of United States for use in
proceedings of a foreign state
TITLE 8 -- ALIENS AND NATIONALITY
The Secretary of State is authorized to issue, in his discretion and
in accordance with rules and regulations prescribed by him, a
certificate of nationality for any person not a naturalized citizen of
the United States who presents satisfactory evidence that he is an
American national and that such certificate is needed for use in
judicial or administrative proceedings in a foreign state. Such
certificate shall be solely for use in the case for which it was issued
and shall be transmitted by the Secretary of State through appropriate
official channels to the judicial or administrative officers of the
foreign state in which it is to be used.
(June 27, 1952, ch. 477, title III, ch. 4, 359, 66 Stat. 273.)
Section was formerly classified to section 101 of this title.
Definition of the term --
Foreign state, see section 1101(a)(14) of this title.
National of the United States, see section 1101(a)(22) of this title.
United States, see section 1101(a)(38) of this title.
08 USC 1503. Denial of rights and privileges as national
TITLE 8 -- ALIENS AND NATIONALITY
(a) Proceedings for declaration of United States nationality
If any person who is within the United States claims a right or
privilege as a national of the United States and is denied such right or
privilege by any department or independent agency, or official thereof,
upon the ground that he is not a national of the United States, such
person may institute an action under the provisions of section 2201 of
title 28 against the head of such department or independent agency for a
judgment declaring him to be a national of the United States, except
that no such action may be instituted in any case if the issue of such
person's status as a national of the United States (1) arose by reason
of, or in connection with any exclusion proceeding under the provisions
of this chapter or any other act, or (2) is in issue in any such
exclusion proceeding. An action under this subsection may be instituted
only within five years after the final administrative denial of such
right or privilege and shall be filed in the district court of the
United States for the district in which such person resides or claims a
residence, and jurisdiction over such officials in such cases is
conferred upon those courts.
(b) Application for certificate of identity; appeal
If any person who is not within the United States claims a right or
privilege as a national of the United States and is denied such right or
privilege by any department or independent agency, or official thereof,
upon the ground that he is not a national of the United States, such
person may make application to a diplomatic or consular officer of the
United States in the foreign country in which he is residing for a
certificate of identity for the purpose of traveling to a port of entry
in the United States and applying for admission. Upon proof to the
satisfaction of such diplomatic or consular officer that such
application is made in good faith and has a substantial basis, he shall
issue to such person a certificate of identity. From any denial of an
application for such certificate the applicant shall be entitled to an
appeal to the Secretary of State, who, if he approves the denial, shall
state in writing his reasons for his decision. The Secretary of State
shall prescribe rules and regulations for the issuance of certificates
of identity as above provided. The provisions of this subsection shall
be applicable only to a person who at some time prior to his application
for the certificate of identity has been physically present in the
United States, or to a person under sixteen years of age who was born
abroad of a United States citizen parent.
(c) Application for admission to United States under certificate of
identity; revision of determination
A person who has been issued a certificate of identity under the
provisions of subsection (b) of this section, and while in possession
thereof, may apply for admission to the United States at any port of
entry, and shall be subject to all the provisions of this chapter
relating to the conduct of proceedings involving aliens seeking
admission to the United States. A final determination by the Attorney
General that any such person is not entitled to admission to the United
States shall be subject to review by any court of competent jurisdiction
in habeas corpus proceedings and not otherwise. Any person described in
this section who is finally excluded from admission to the United States
shall be subject to all the provisions of this chapter relating to
aliens seeking admission to the United States.
(June 27, 1952, ch. 477, title III, ch. 4, 360, 66 Stat. 273.)
Definition of the term --
Alien, see section 1101(a)(3) of this title.
Application for admission, see section 1101(a)(4) of this title.
Attorney General, see section 1101(a)(9) of this title.
Consular officer, see section 1101(a)(9) of this title.
National of the United States, see section 1101(a)(22) of this title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.
Judicial review of orders of deportation and exclusion, see section
1105a of this title.
08 USC SUBCHAPTER IV -- REFUGEE ASSISTANCE
TITLE 8 -- ALIENS AND NATIONALITY
08 USC 1521. Office of Refugee Resettlement; establishment;
appointment of Director; functions
TITLE 8 -- ALIENS AND NATIONALITY
(a) There is established, within the Department of Health and Human
Services, an office to be known as the Office of Refugee Resettlement
(hereinafter in this subchapter referred to as the ''Office''). The
head of the Office shall be a Director (hereinafter in this subchapter
referred to as the ''Director''), to be appointed by the Secretary of
Health and Human Services (hereinafter in this subchapter referred to as
the ''Secretary'').
(b) The function of the Office and its Director is to fund and
administer (directly or through arrangements with other Federal
agencies), in consultation with and under the general policy guidance of
the United States Coordinator for Refugee Affairs (hereinafter in this
subchapter referred to as the ''Coordinator''), programs of the Federal
Government under this subchapter.
(June 27, 1952, ch. 477, title IV, ch. 2, 411, as added Mar. 17,
1980, Pub. L. 96-212, title III, 311(a)(2), 94 Stat. 110.)
Subchapter applicable with respect to fiscal years beginning on or
after Oct. 1, 1979, see section 313 of Pub. L. 96-212, set out as a
note under section 1522 of this title.
For short title of Refugee Act of 1980, see Short Title of 1980
Amendment note set out under section 1101 of this title.
Section 204(e) of Pub. L. 96-212 provided that: ''Any reference in
this Act (see Short Title of 1980 Amendment note set out under section
1101 of this title) or in chapter 2 of title IV of the Immigration and
Nationality Act (this subchapter) to the Secretary of Education or the
Secretary of Health and Human Services or to the Department of Health
and Human Services shall be deemed, before the effective date of the
Department of Education Organization Act (see Effective Date note set
out under section 3401 of Title 20, Education), to be a reference to the
Secretary of Health, Education, and Welfare or to the Department of
Health, Education, and Welfare, respectively.''
Section 101 of Pub. L. 96-212 provided that:
''(a) the Congress declares that it is the historic policy of the
United States to respond to the urgent needs of persons subject to
persecution in their homelands, including, where appropriate,
humanitarian assistance for their care and maintenance in asylum areas,
efforts to promote opportunities for resettlement or voluntary
repatriation, aid for necessary transportation and processing, admission
to this country of refugees of special humanitarian concern to the
United States, and transitional assistance to refugees in the United
States. The Congress further declares that it is the policy of the
United States to encourage all nations to provide assistance and
resettlement opportunities to refugees to the fullest extent possible.
''(b) The objectives of this Act (see Short Title of 1980 Amendment
note set out under section 1101 of this title) are to provide a
permanent and systematic procedure for the admission to this country of
refugees of special humanitarian concern to the United States, and to
provide comprehensive and uniform provisions for the effective
resettlement and absorption of those refugees who are admitted.''
08 USC 1522. Authorization for programs for domestic resettlement of
and assistance to refugees
TITLE 8 -- ALIENS AND NATIONALITY
(a) Conditions and considerations
(1)(A) In providing assistance under this section, the Director
shall, to the extent of available appropriations (i) make available
sufficient resources for employment training and placement in order to
achieve economic self-sufficiency among refugees as quickly as possible,
(ii) provide refugees with the opportunity to acquire sufficient English
language training to enable them to become effectively resettled as
quickly as possible, (iii) insure that cash assistance is made available
to refugees in such a manner as not to discourage their economic
self-sufficiency, in accordance with subsection (e)(2) of this section,
and (iv) insure that women have the same opportunities as men to
participate in training and instruction.
(B) It is the intent of Congress that in providing refugee assistance
under this section --
(i) employable refugees should be placed on jobs as soon as possible
after their arrival in the United States;
(ii) social service funds should be focused on employment-related
services, English-as-a-second-language training (in nonwork hours where
possible), and case-management services; and
(iii) local voluntary agency activities should be conducted in close
cooperation and advance consultation with State and local governments.
(2)(A) The Director and the Federal agency administering subsection
(b)(1) of this section, together with the Coordinator, shall consult
regularly (not less often than quarterly) with State and local
governments and private nonprofit voluntary agencies concerning the
sponsorship process and the intended distribution of refugees among the
States and localities before their placement in those States and
localities.
(B) The Director shall develop and implement, in consultation with
representatives of voluntary agencies and State and local governments,
policies and strategies for the placement and resettlement of refugees
within the United States.
(C) Such policies and strategies, to the extent practicable and
except under such unusual circumstances as the Director may recognize,
shall --
(i) insure that a refugee is not initially placed or resettled in an
area highly impacted (as determined under regulations prescribed by the
Director after consultation with such agencies and governments) by the
presence of refugees or comparable populations unless the refugee has a
spouse, parent, sibling, son, or daughter residing in that area,
(ii) provide for a mechanism whereby representatives of local
affiliates of voluntary agencies regularly (not less often than
quarterly) meet with representatives of State and local governments to
plan and coordinate in advance of their arrival the appropriate
placement of refugees among the various States and localities, and
(iii) take into account --
(I) the proportion of refugees and comparable entrants in the
population in the area,
(II) the availability of employment opportunities, affordable
housing, and public and private resources (including educational, health
care, and mental health services) for refugees in the area,
(III) the likelihood of refugees placed in the area becoming
self-sufficient and free from long-term dependence on public assistance,
and
(IV) the secondary migration of refugees to and from the area that is
likely to occur.
(D) With respect to the location of placement of refugees within a
State, the Federal agency administering subsection (b)(1) of this
section shall, consistent with such policies and strategies and to the
maximum extent possible, take into account recommendations of the State.
(3) In the provision of domestic assistance under this section, the
Director shall make a periodic assessment, based on refugee population
and other relevant factors, of the relative needs of refugees for
assistance and services under this subchapter and the resources
available to meet such needs. The Director shall compile and maintain
data on secondary migration of refugees within the United States and, by
State of residence and nationality, on the proportion of refugees
receiving cash or medical assistance described in subsection (e) of this
section. In allocating resources, the Director shall avoid duplication
of services and provide for maximum coordination between agencies
providing related services.
(4)(A) No grant or contract may be awarded under this section unless
an appropriate proposal and application (including a description of the
agency's ability to perform the services specified in the proposal) are
submitted to, and approved by, the appropriate administering official.
Grants and contracts under this section shall be made to those agencies
which the appropriate administering official determines can best perform
the services. Payments may be made for activities authorized under this
subchapter in advance or by way of reimbursement. In carrying out this
section, the Director, the Secretary of State, and any such other
appropriate administering official are authorized --
(i) to make loans, and
(ii) to accept and use money, funds, property, and services of any
kind made available by gift, devise, bequest, grant, or otherwise for
the purpose of carrying out this section.
(B) No funds may be made available under this subchapter (other than
under subsection (b)(1) of this section) to States or political
subdivisions in the form of block grants, per capita grants, or similar
consolidated grants or contracts. Such funds shall be made available
under separate grants or contracts --
(i) for medical screening and initial medical treatment under
subsection (b)(5) of this section,
(ii) for services for refugees under subsection (c)(1) of this
section,
(iii) for targeted assistance project grants under subsection (c)(2)
of this section, and
(iv) for assistance for refugee children under subsection (d)(2) of
this section.
(C) The Director may not delegate to a State or political subdivision
his authority to review or approve grants or contracts under this
subchapter or the terms under which such grants or contracts are made.
(5) Assistance and services funded under this section shall be
provided to refugees without regard to race, religion, nationality, sex,
or political opinion.
(6) As a condition for receiving assistance under this section, a
State must --
(A) submit to the Director a plan which provides --
(i) a description of how the State intends to encourage effective
refugee resettlement and to promote economic self-sufficiency as quickly
as possible,
(ii) a description of how the State will insure that language
training and employment services are made available to refugees
receiving cash assistance,
(iii) for the designation of an individual, employed by the State,
who will be responsible for insuring coordination of public and private
resources in refugee resettlement,
(iv) for the care and supervision of and legal responsibility for
unaccompanied refugee children in the State, and
(v) for the identification of refugees who at the time of
resettlement in the State are determined to have medical conditions
requiring, or medical histories indicating a need for, treatment or
observation and such monitoring of such treatment or observation as may
be necessary;
(B) meet standards, goals, and priorities, developed by the Director,
which assure the effective resettlement of refugees and which promote
their economic self-sufficiency as quickly as possible and the efficient
provision of services; and
(C) submit to the Director, within a reasonable period of time after
the end of each fiscal year, a report on the uses of funds provided
under this subchapter which the State is responsible for administering.
(7) The Secretary, together with the Secretary of State with respect
to assistance provided by the Secretary of State under subsection (b) of
this section, shall develop a system of monitoring the assistance
provided under this section. This system shall include --
(A) evaluations of the effectiveness of the programs funded under
this section and the performance of States, grantees, and contractors;
(B) financial auditing and other appropriate monitoring to detect any
fraud, abuse, or mismanagement in the operation of such programs; and
(C) data collection on the services provided and the results
achieved.
(8) The Attorney General shall provide the Director with information
supplied by refugees in conjunction with their applications to the
Attorney General for adjustment of status, and the Director shall
compile, summarize, and evaluate such information.
(9) The Secretary, the Secretary of Education, the Attorney General,
and the Secretary of State may issue such regulations as each deems
appropriate to carry out this subchapter.
(10) For purposes of this subchapter, the term ''refugee'' includes
any alien described in section 1157(c)(2) of this title.
(b) Program of initial resettlement
(1)(A) For --
(i) fiscal years 1980 and 1981, the Secretary of State is authorized,
and
(ii) fiscal year 1982 and succeeding fiscal years, the Director
(except as provided in subparagraph (B)) is authorized,
to make grants to, and contracts with, public or private nonprofit
agencies for initial resettlement (including initial reception and
placement with sponsors) of refugees in the United States. Grants to,
or contracts with, private nonprofit voluntary agencies under this
paragraph shall be made consistent with the objectives of this
subchapter, taking into account the different resettlement approaches
and practices of such agencies. Resettlement assistance under this
paragraph shall be provided in coordination with the Director's
provision of other assistance under this subchapter. Funds provided to
agencies under such grants and contracts may only be obligated or
expended during the fiscal year in which they are provided (or the
subsequent fiscal year or such subsequent fiscal period as the Federal
contracting agency may approve) to carry out the purposes of this
subsection.
(B) If the President determines that the Director should not
administer the program under this paragraph, the authority of the
Director under the first sentence of subparagraph (A) shall be exercised
by such officer as the President shall from time to time specify.
(2) The Director is authorized to develop programs for such
orientation, instruction in English, and job training for refugees, and
such other education and training of refugees, as facilitates their
resettlement in the United States. The Director is authorized to
implement such programs, in accordance with the provisions of this
section, with respect to refugees in the United States. The Secretary
of State is authorized to implement such programs with respect to
refugees awaiting entry into the United States.
(3) The Secretary is authorized, in consultation with the
Coordinator, to make arrangements (including cooperative arrangements
with other Federal agencies) for the temporary care of refugees in the
United States in emergency circumstances, including the establishment of
processing centers, if necessary, without regard to such provisions of
law (other than the Renegotiation Act of 1951 (50 App. U.S.C. 1211 et
seq.) and section 1524(b) of this title) regulating the making,
performance, amendment, or modification of contracts and the expenditure
of funds of the United States Government as the Secretary may specify.
(4) The Secretary, in consultation with the Coordinator, shall --
(A) assure that an adequate number of trained staff are available at
the location at which the refugees enter the United States to assure
that all necessary medical records are available and in proper order;
(B) provide for the identification of refugees who have been
determined to have medical conditions affecting the public health and
requiring treatment;
(C) assure that State or local health officials at the resettlement
destination within the United States of each refugee are promptly
notified of the refugee's arrival and provided with all applicable
medical records; and
(D) provide for such monitoring of refugees identified under
subparagraph (B) as will insure that they receive appropriate and timely
treatment.
The Secretary shall develop and implement methods for monitoring and
assessing the quality of medical screening and related health services
provided to refugees awaiting resettlement in the United States.
(5) The Director is authorized to make grants to, and enter into
contracts with, State and local health agencies for payments to meet
their costs of providing medical screening and initial medical treatment
to refugees.
(6) The Comptroller General shall directly conduct an annual
financial audit of funds expended under each grant or contract made
under paragraph (1) for fiscal year 1986 and for fiscal year 1987.
(7) Each grant or contract with an agency under paragraph (1) shall
require the agency to do the following:
(A) To provide quarterly performance and financial status reports to
the Federal agency administering paragraph (1).
(B)(i) To provide, directly or through its local affiliate, notice to
the appropriate county or other local welfare office at the time that
the agency becomes aware that a refugee is offered employment and to
provide notice to the refugee that such notice has been provided, and
(ii) upon request of such a welfare office to which a refugee has
applied for cash assistance, to furnish that office with documentation
respecting any cash or other resources provided directly by the agency
to the refugee under this subsection.
(C) To assure that refugees, known to the agency as having been
identified pursuant to paragraph (4)(B) as having medical conditions
affecting the public health and requiring treatment, report to the
appropriate county or other health agency upon their resettlement in an
area.
(D) To fulfill its responsibility to provide for the basic needs
(including food, clothing, shelter, and transportation for job
interviews and training) of each refugee resettled and to develop and
implement a resettlement plan including the early employment of each
refugee resettled and to monitor the implementation of such plan.
(E) To transmit to the Federal agency administering paragraph (1) an
annual report describing the following:
(i) The number of refugees placed (by county of placement) and the
expenditures made in the year under the grant or contract, including the
proportion of such expenditures used for administrative purposes and for
provision of services.
(ii) The proportion of refugees placed by the agency in the previous
year who are receiving cash or medical assistance described in
subsection (e) of this section.
(iii) The efforts made by the agency to monitor placement of the
refugees and the activities of local affiliates of the agency.
(iv) The extent to which the agency has coordinated its activities
with local social service providers in a manner which avoids duplication
of activities and has provided notices to local welfare offices and the
reporting of medical conditions of certain aliens to local health
departments in accordance with subparagraphs (B)(i) and (C).
(v) Such other information as the agency administering paragraph (1)
deems to be appropriate in monitoring the effectiveness of agencies in
carrying out their functions under such grants and contracts.
The agency administering paragraph (1) shall promptly forward a copy
of each annual report transmitted under subparagraph (E) to the
Committees on the Judiciary of the House of Representatives and of the
Senate.
(8) The Federal agency administering paragraph (1) shall establish
criteria for the performance of agencies under grants and contracts
under that paragraph, and shall include criteria relating to an agency's
--
(A) efforts to reduce welfare dependency among refugees resettled by
that agency,
(B) collection of travel loans made to refugees resettled by that
agency for travel to the United States,
(C) arranging for effective local sponsorship and other nonpublic
assistance for refugees resettled by that agency,
(D) cooperation with refugee mutual assistance associations, local
social service providers, health agencies, and welfare offices,
(E) compliance with the guidelines established by the Director for
the placement and resettlement of refugees within the United States, and
(F) compliance with other requirements contained in the grant or
contract, including the reporting and other requirements under
subsection (b)(7) of this section.
The Federal administering agency shall use the criteria in the
process of awarding or renewing grants and contracts under paragraph
(1).
(c) Project grants and contracts for services for refugees
(1)(A) The Director is authorized to make grants to, and enter into
contracts with, public or private nonprofit agencies for projects
specifically designed --
(i) to assist refugees in obtaining the skills which are necessary
for economic self-sufficiency, including projects for job training,
employment services, day care, professional refresher training, and
other recertification services;
(ii) to provide training in English where necessary (regardless of
whether the refugees are employed or receiving cash or other
assistance); and
(iii) to provide where specific needs have been shown and recognized
by the Director, health (including mental health) services, social
services, educational and other services.
(B) The funds available for a fiscal year for grants and contracts
under subparagraph (A) shall be allocated among the States based on the
total number of refugees (including children and adults) who arrived in
the United States not more than 36 months before the beginning of such
fiscal year and who are actually residing in each State (taking into
account secondary migration) as of the beginning of the fiscal year.
(C) Any limitation which the Director establishes on the proportion
of funds allocated to a State under this paragraph that the State may
use for services other than those described in subsection (a)(1)(B)(ii)
of this section shall not apply if the Director receives a plan
(established by or in consultation with local governments) and
determines that the plan provides for the maximum appropriate provision
of employment-related services for, and the maximum placement of,
employable refugees consistent with performance standards established
under section 1516 of title 29.
(2)(A) The Director is authorized to make grants to States for
assistance to counties and similar areas in the States where, because of
factors such as unusually large refugee populations (including secondary
migration), high refugee concentrations, and high use of public
assistance by refugees, there exists and can be demonstrated a specific
need for supplementation of available resources for services to
refugees.
(B) Grants shall be made available under this paragraph --
(i) primarily for the purpose of facilitating refugee employment and
achievement of self-sufficiency,
(ii) in a manner that does not supplant other refugee program funds
and that assures that not less than 95 percent of the amount of the
grant award is made available to the county or other local entity.
(d) Assistance for refugee children
(1) The Secretary of Education is authorized to make grants, and
enter into contracts, for payments for projects to provide special
educational services (including English language training) to refugee
children in elementary and secondary schools where a demonstrated need
has been shown.
(2)(A) The Director is authorized to provide assistance,
reimbursement to States, and grants to and contracts with public and
private nonprofit agencies, for the provision of child welfare services,
including foster care maintenance payments and services and health care,
furnished to any refugee child (except as provided in subparagraph (B))
during the thirty-six month period beginning with the first month in
which such refugee child is in the United States.
(B)(i) In the case of a refugee child who is unaccompanied by a
parent or other close adult relative (as defined by the Director), the
services described in subparagraph (A) may be furnished until the month
after the child attains eighteen years of age (or such higher age as the
State's child welfare services plan under part B of title IV of the
Social Security Act (42 U.S.C. 620 et seq.) prescribes for the
availability of such services to any other child in that State).
(ii) The Director shall attempt to arrange for the placement under
the laws of the States of such unaccompanied refugee children, who have
been accepted for admission to the United States, before (or as soon as
possible after) their arrival in the United States. During any interim
period while such a child is in the United States or in transit to the
United States but before the child is so placed, the Director shall
assume legal responsibility (including financial responsibility) for the
child, if necessary, and is authorized to make necessary decisions to
provide for the child's immediate care.
(iii) In carrying out the Director's responsibilities under clause
(ii), the Director is authorized to enter into contracts with
appropriate public or private nonprofit agencies under such conditions
as the Director determines to be appropriate.
(iv) The Director shall prepare and maintain a list of (I) all such
unaccompanied children who have entered the United States after April 1,
1975, (II) the names and last known residences of their parents (if
living) at the time of arrival, and (III) the children's location,
status, and progress.
(e) Cash assistance and medical assistance to refugees
(1) The Director is authorized to provide assistance, reimbursement
to States, and grants to, and contracts with, public or private
nonprofit agencies for 100 per centum of the cash assistance and medical
assistance provided to any refugee during the thirty-six month period
beginning with the first month in which such refugee has entered the
United States and for the identifiable and reasonable administrative
costs of providing this assistance.
(2)(A) Cash assistance provided under this subsection to an
employable refugee is conditioned, except for good cause shown --
(i) on the refugee's registration with an appropriate agency
providing employment services described in subsection (c)(1)(A)(i) of
this section, or, if there is no such agency available, with an
appropriate State or local employment service;
(ii) on the refugee's participation in any available and appropriate
social service or targeted assistance program (funded under subsection
(c) of this section) providing job or language training in the area in
which the refugee resides; and
(iii) on the refugee's acceptance of appropriate offers of
employment.
(B) Cash assistance shall not be made available to refugees who are
full-time students in institutions of higher education (as defined by
the Director after consultation with the Secretary of Education).
(C) In the case of a refugee who --
(i) refuses an offer of employment which has been determined to be
appropriate either by the agency responsible for the initial
resettlement of the refugee under subsection (b) of this section or by
the appropriate State or local employment service,
(ii) refuses to go to a job interview which has been arranged through
such agency or service, or
(iii) refuses to participate in a social service or targeted
assistance program referred to in subparagraph (A)(ii) which such agency
or service determines to be available and appropriate,
cash assistance to the refugee shall be terminated (after opportunity
for an administrative hearing) for a period of three months (for the
first such refusal) or for a period of six months (for any subsequent
refusal).
(3) The Director shall develop plans to provide English training and
other appropriate services and training to refugees receiving cash
assistance.
(4) If a refugee is eligible for aid or assistance under a State plan
approved under part A of title IV or under title XIX of the Social
Security Act (42 U.S.C. 601 et seq., 1396 et seq.), or for supplemental
security income benefits (including State supplementary payments) under
the program established under title XVI of that Act (42 U.S.C. 1381 et
seq.), funds authorized under this subsection shall only be used for the
non-Federal share of such aid or assistance, or for such supplementary
payments, with respect to cash and medical assistance provided with
respect to such refugee under this paragraph.
(5) The Director is authorized to allow for the provision of medical
assistance under paragraph (1) to any refugee, during the one-year
period after entry, who does not qualify for assistance under a State
plan approved under title XIX of the Social Security Act (42 U.S.C. 1396
et seq.) on account of any resources or income requirement of such plan,
but only if the Director determines that --
(A) this will (i) encourage economic self-sufficiency, or (ii) avoid
a significant burden on State and local governments; and
(B) the refugee meets such alternative financial resources and income
requirements as the Director shall establish.
(6) As a condition for receiving assistance, reimbursement, or a
contract under this subsection and notwithstanding any other provision
of law, a State or agency must provide assurances that whenever a
refugee applies for cash or medical assistance for which assistance or
reimbursement is provided under this subsection, the State or agency
must notify promptly the agency (or local affiliate) which provided for
the initial resettlement of the refugee under subsection (b) of this
section of the fact that the refugee has so applied.
(7)(A) The Secretary shall develop and implement alternative projects
for refugees who have been in the United States less than thirty-six
months, under which refugees are provided interim support, medical
services, support services, and case management, as needed, in a manner
that encourages self-sufficiency, reduces welfare dependency, and
fosters greater coordination among the resettlement agencies and service
providers. The Secretary may permit alternative projects to cover
specific groups of refugees who have been in the United States 36 months
or longer if the Secretary determines that refugees in the group have
been significantly and disproportionately dependent on welfare and need
the services provided under the project in order to become
self-sufficient and that their coverage under the projects would be
cost-effective.
(B) Refugees covered under such alternative projects shall be
precluded from receiving cash or medical assistance under any other
paragraph of this subsection or under title XIX or part A of title IV of
the Social Security Act (42 U.S.C. 1396 et seq., 601 et seq.).
(C) The Secretary, in consultation with the United States Coordinator
for Refugee Affairs, shall report to Congress not later than October 31,
1985, on the results of these projects and on any recommendations
respecting changes in the refugee assistance program under this section
to take into account such results.
(D) To the extent that the use of such funds is consistent with the
purposes of such provisions, funds appropriated under paragraph (1) or
(2) of section 1524(a) /1/ of this title, part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), or title XIX of such Act
(42 U.S.C. 1396 et seq.), may be used for the purpose of implementing
and evaluating alternative projects under this paragraph.
(8) In its provision of assistance to refugees, a State or political
subdivision shall consider the recommendations of, and assistance
provided by, agencies with grants or contracts under subsection (b)(1)
of this section.
(f) Assistance to States and counties for incarceration of certain
Cuban nationals; priority for removal and return to Cuba
(1) The Attorney General shall pay compensation to States and to
counties for costs incurred by the States and counties to confine in
prisons, during the fiscal year for which such payment is made,
nationals of Cuba who --
(A) were paroled into the United States in 1980 by the Attorney
General,
(B) after such parole committed any violation of State or county law
for which a term of imprisonment was imposed, and
(C) at the time of such parole and such violation were not aliens
lawfully admitted to the United States --
(i) for permanent residence, or
(ii) under the terms of an immigrant or a nonimmigrant visa issued,
under this chapter.
(2) For a State or county to be eligible to receive compensation
under this subsection, the chief executive officer of the State or
county shall submit to the Attorney General, in accordance with rules to
be issued by the Attorney General, an application containing --
(A) the number and names of the Cuban nationals with respect to whom
the State or county is entitled to such compensation, and
(B) such other information as the Attorney General may require.
(3) For a fiscal year the Attorney General shall pay the costs
described in paragraph (1) to each State and county determined by the
Attorney General to be eligible under paragraph (2); except that if the
amounts appropriated for the fiscal year to carry out this subsection
are insufficient to cover all such payments, each of such payments shall
be ratably reduced so that the total of such payments equals the amounts
so appropriated.
(4) The authority of the Attorney General to pay compensation under
this subsection shall be effective for any fiscal year only to the
extent and in such amounts as may be provided in advance in
appropriation Acts.
(5) It shall be the policy of the United States Government that the
President, in consultation with the Attorney General and all other
appropriate Federal officials and all appropriate State and county
officials referred to in paragraph (2), shall place top priority on
seeking the expeditious removal from this country and the return to Cuba
of Cuban nationals described in paragraph (1) by any reasonable and
responsible means, and to this end the Attorney General may use the
funds authorized to carry out this subsection to conduct such policy.
(June 27, 1952, ch. 477, title IV, ch. 2, 412, as added Mar. 17,
1980, Pub. L. 96-212, title III, 311(a)(2), 94 Stat. 111; amended Oct.
25, 1982, Pub. L. 97-363, 3(a), 4-6, 96 Stat. 1734-1736; Nov. 22,
1983, Pub. L. 98-164, title X, 1011(b), 97 Stat. 1061; Oct. 12, 1984,
Pub. L. 98-473, title I, 101(d), 98 Stat. 1876, 1877; Nov. 6, 1986,
Pub. L. 99-605, 3-5(c), 6(a), (b), (d), 8, 9(a), (b), 10, 12, 13, 100
Stat. 3449-3451, 3453-3455; Oct. 24, 1988, Pub. L. 100-525, 6(b), 102
Stat. 2616.)
The Renegotiation Act of 1951, referred to in subsec. (b)(3), is act
Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which was classified
principally to section 1211 et seq. of Title 50, Appendix, War and
National Defense, prior to its omission from the Code. See note
preceding section 1211 of Title 50, Appendix.
The Social Security Act, referred to in subsecs. (d)(2)(B)(i),
(e)(4), (5), (7)(B), (D), is act Aug. 14, 1935, ch. 531, 49 Stat.
620, as amended. Parts A and B of title IV of the Social Security Act
are classified generally to part A ( 601 et seq.) and part B ( 620 et
seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and
Welfare. Titles XVI and XIX of the Social Security Act are classified
generally to subchapters XVI ( 1381 et seq.) and XIX ( 1396 et seq.),
respectively, of chapter 7 of Title 42. For complete classification of
this Act to the Code, see section 1305 of Title 42 and Tables.
Section 1524(a) of this title, referred to in subsec. (e)(7)(D), was
amended generally by Pub. L. 102-110, 5, Oct. 1, 1991, 105 Stat.
558, and, as so amended, no longer contains paragraphs.
1988 -- Subsecs. (f)(5), (g). Pub. L. 100-525 redesignated subsec.
(g) as (f)(5), and substituted ''all other appropriate Federal officials
and all appropriate State and county officials referred to in paragraph
(2)'' for ''all appropriate Federal, State, and county officials
referred to in section 13 of this Act'', ''Cuban nationals described in
paragraph (1)'' for ''such persons defined in subsection (f)(1) of this
section'' and ''authorized to carry out this subsection'' for
''hereafter authorized by this section''.
1986 -- Subsec. (a)(2)(A). Pub. L. 99-605, 4(1), inserted ''and the
Federal agency administering subsection (b)(1) of this section'' after
''The Director'', ''(not less often than quarterly)'' after ''shall
consult regularly'', and ''before their placement in those States and
localities'' after ''States and localities''.
Subsec. (a)(2)(C)(iii). Pub. L. 99-605, 4(2), added cl. (iii).
Subsec. (a)(2)(D). Pub. L. 99-605, 4(3), added subpar. (D).
Subsec. (a)(4). Pub. L. 99-605, 12, designated existing provision as
subpar. (A), redesignated existing subpars. (A) and (B) as cls. (i)
and (ii), respectively, and added subpars. (B) and (C).
Subsec. (a)(9). Pub. L. 99-605, 3(b), inserted '', the Secretary of
Education, the Attorney General,'' after ''The Secretary''.
Subsec. (b)(1)(A). Pub. L. 99-605, 5(b)(2), struck out provisions
which related to requirement in grants and contracts that agency provide
notice to appropriate welfare office that refugee is offered employment,
provide notice to the refugee about notice to the welfare office, and
assure that refugees with medical conditions affecting public health and
requiring treatment report to appropriate health agency in area of
resettlement.
Subsec. (b)(6). Pub. L. 99-605, 5(a), amended par. (6) generally,
substituting ''shall directly conduct an annual financial audit'' for
''shall conduct an annual audit'', and ''grant or contract made under
paragraph (1) for fiscal year 1986 and for fiscal year 1987'' for
''grants and contracts made under this subsection''.
Subsec. (b)(7). Pub. L. 99-605, 5(b)(1), added par. (7).
Subsec. (b)(8). Pub. L. 99-605, 5(c), added par. (8).
Subsec. (c)(1). Pub. L. 99-605, 6(a), designated existing provision
as par. (1)(A), redesignated former pars. (1) to (3) as cls. (i) to
(iii), respectively, and added subpar. (B).
Subsec. (c)(1)(C). Pub. L. 99-605, 6(b), added subpar. (C).
Subsec. (c)(2). Pub. L. 99-605, 8(a), added par. (2).
Subsec. (d)(1). Pub. L. 99-605, 3(a), substituted ''Secretary of
Education'' for ''Director''.
Subsec. (e)(2)(A). Pub. L. 99-605, 9(a)(1), struck out provisions
following cl. (iii) which related to termination of cash assistance to
refugee with month in which refugee refuses offer of employment or
participation in social service program.
Subsec. (e)(2)(A)(i). Pub. L. 99-605, 6(d), substituted
''(c)(1)(A)(i)'' for ''(c)(1)''.
Subsec. (e)(2)(A)(ii). Pub. L. 99-605, 8(b), inserted ''or targeted
assistance'' after ''social service''.
Subsec. (e)(2)(C). Pub. L. 99-605, 9(a)(2), added subpar. (C).
Subsec. (e)(7)(A). Pub. L. 99-605, 10, inserted provisions which
related to alternative projects for specific groups of refugees in the
United States 36 months or longer if determined to be disproportionately
dependent on welfare.
Subsec. (e)(8). Pub. L. 99-605, 9(b), added par. (8).
Subsecs. (f), (g). Pub. L. 99-605, 13, added subsecs. (f) and (g).
1984 -- Subsec. (e)(7). Pub. L. 98-473 added par. (7).
1983 -- Subsec. (b)(1)(B). Pub. L. 98-164 struck out first sentence
directing the President to provide for a study of which agency is best
able to administer the program of initial resettlement and to report to
the Congress, not later than Mar. 1, 1981, on that study, and ''after
such study'' after ''If the President determines''.
1982 -- Subsec. (a)(1)(A). Pub. L. 97-363, 3(a)(1), (2), designated
existing provisions of par. (1) as subpar. (A) and redesignated
existing cls. (A) through (D) as (i) through (iv), respectively.
Subsec. (a)(1)(B). Pub. L. 97-363, 3(a)(3), added subpar. (B).
Subsec. (a)(2)(A). Pub. L. 97-363, 4(a)(1), designated existing
provisions of par. (2) as subpar. (A).
Subsec. (a)(2)(B), (C). Pub. L. 97-363, 4(a)(2), added subpars.
(B) and (C).
Subsec. (a)(3). Pub. L. 97-363, 4(b), inserted provision that the
Director shall compile and maintain data on secondary migration of
refugees within the Untied States and, by State of residence and
nationality, on the proportion of refugees receiving cash or medical
assistance described in subsec. (e) of this section.
Subsec. (b)(1)(A). Pub. L. 97-363, 5(1), struck out provision that
the Secretary of State and the Director shall jointly monitor the
assistance provided during fiscal years 1980 and 1981 under this
paragraph.
Pub. L. 97-363, 5(2), inserted provision relating to period for
expenditure of funds provided under grants and contracts and the
inclusion in such grants and contracts of requirements for notification
by the agency in the event of employment offers to the refugee and
assurance that refugees identified under par. (4)(B) will report to
appropriate health agencies upon resettlement.
Subsec. (b)(5). Pub. L. 97-363, 5(3), added par. (5).
Subsec. (b)(6). Pub. L. 97-363, 5(4), added par. (6).
Subsec. (e)(1). Pub. L. 97-363, 6(a), struck out ''up to'' before
''100 per centum''.
Subsec. (e)(2). Pub. L. 97-363, 6(b), redesignated existing
provisions of par. (2) as subpar. (A), redesignated former subpars.
(A) and (B) as cls. (i) and (iii), respectively, added cl. (ii),
inserted provision that cash assistance be cut off, after opportunity
for hearing, to a refugee who refuses appropriate offer of employment or
participation in available social service program, and added subpar.
(B).
Subsec. (e)(6). Pub. L. 97-363, 6(c), added par. (6).
Section 6(c) of Pub. L. 100-525 provided that: ''The amendments
made by this section (amending this section and section 1524 of this
title) shall be effective as if they were included in the enactment of
the Refugee Assistance Extension Act of 1986 (Pub. L. 99-605).''
Section 5(d) of Pub. L. 99-605 provided that:
''(1) Section 412(b)(7) (other than subparagraphs (B)(i), (C), and
(D)) of the Immigration and Nationality Act (8 U.S.C. 1522(b)(7)), as
added by subsection (b)(1) of this section, shall apply to grants and
contracts made or renewed after the end of the 30-day period beginning
on the date of the enactment of this Act (Nov. 6, 1986).
''(2) Section 412(b)(7)(D) of the Immigration and Nationality Act (8
U.S.C. 1522(b)(7)), as added by subsection (b)(1) of this section, shall
apply to grants and contracts made or renewed after the end of the
six-month period beginning on the date of the enactment of this Act
(Nov. 6, 1986).
''(3) The criteria required under the amendment made by subsection
(c) (amending this section) shall be established not later than 60 days
after the date of the enactment of this Act (Nov. 6, 1986).''
Section 6(c) of Pub. L. 99-605 provided that: ''The amendment made
by subsection (a) (amending this section) shall apply to allocations of
funds for fiscal years beginning with fiscal year 1987.''
Section 9(c) of Pub. L. 99-605 provided that: ''The amendments made
by subsection (a) of this section (amending this section) shall apply to
aliens entering the United States as refugees on or after the first day
of the first calendar quarter that begins more than 90 days after the
date of the enactment of this Act (Nov. 6, 1986).''
Section 101(d) of Pub. L. 98-473 provided in part that: ''The
amendment made by this paragraph (amending this section) shall take
effect on October 1, 1984.''
Section 8 of Pub. L. 97-363 provided that: ''The amendments made by
--
''(1) sections 3(b), 4, 5(3), 5(4), 6(a), and 7 (amending this
section and section 1523 of this title) take effect on October 1, 1982,
and
''(2) sections 5(2), 6(b), and 6(c) (amending this section) apply to
grants and contracts made, and assistance furnished, on or after October
1, 1982.''
Section 313 of part B of title III of Pub. L. 96-212 provided that:
''(a) Except as otherwise provided in this section, the amendments
made by this part (enacting sections 1521 to 1524 of this title,
amending section 2601 of Title 22, Foreign Relations and Intercourse,
and repealing provisions set out as a note under section 2601 of Title
22) shall apply to fiscal years beginning on or after October 1, 1979.
''(b) Subject to subsection (c), the limitations contained in
sections 412(d)(2)(A) and 412(e)(1) of the Immigration and Nationality
Act (subsecs. (d)(2)(A) and (e)(1) of this section) on the duration of
the period for which child welfare services and cash and medical
assistance may be provided to particular refugees shall not apply to
such services and assistance provided before April 1, 1981.
''(c) Notwithstanding section 412(e)(1) of the Immigration and
Nationality Act (subsec. (e)(1) of this section) and in lieu of any
assistance which may otherwise be provided under such section with
respect to Cuban refugees who entered the United States and were
receiving assistance under section 2(b) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(b)) before October 1, 1978, the
Director of the Office of Refugee Resettlement is authorized --
''(1) to provide reimbursement --
''(A) in fiscal year 1980, for 75 percent,
''(B) in fiscal year 1981, for 60 percent,
''(C) in fiscal year 1982, for 45 percent, and
''(D) in fiscal year 1983, for 25 percent,
of the non-Federal costs or providing cash and medical assistance
(other than assistance described in paragraph (2)) to such refugees, and
''(2) to provide reimbursement in any fiscal year for 100 percent of
the non-Federal costs associated with such Cuban refugees with respect
to whom supplemental security income payments were being paid as of
September 30, 1978, under title XVI of the Social Security Act (42
U.S.C. 1381 et seq.).
''(d) the requirements of section 412(a)(6)(A) of the Immigration and
Nationality Act (subsec. (a)(6)(A) of this section) shall apply to
assistance furnished under chapter 2 of title IV of such Act (this
subchapter) after October 1, 1980, or such earlier date as the Director
of the Office of Refugee Resettlement may establish.''
Section 7 of Pub. L. 99-605 provided that:
''(a) Maintaining Funding Level. -- Subject to the availability of
appropriations, the Director of the Office of Refugee Resettlement shall
not reduce the maximum average Federal contribution level per refugee in
the matching grant program and shall not increase the percentage grantee
matching requirement under that program below the level, or above the
percentage, in effect under the program for grants in fiscal year 1985.
''(b) Matching Grant Program. -- The 'matching grant program'
referred to in subsection (a) is the voluntary agency program which is
known as the matching grant program and is funded under section 412(c)
of the Immigration and Nationality Act (8 U.S.C. 1522(c)).''
Section 401 of Pub. L. 96-212 provided that:
''(a) The Director of the Office of Refugee Resettlement is
authorized to use funds appropriated under paragraphs (1) and (2) of
section 414(a) of the Immigration and Nationality Act (8 U.S.C.
1524(a)) to reimburse State and local public agencies for expenses which
those agencies incurred, at any time, in providing aliens described in
subsection (c) of this section with social services of the types for
which reimbursements were made with respect to refugees under paragraphs
(3) through (6) of section 2(b) of the Migration and Refugee Assistance
Act of 1962 (as in effect prior to the enactment of this Act) (22 U.S.C.
2601(b)(3) to (6)) or under any other Federal law.
''(b) The Attorney General is authorized to grant to an alien
described in subsection (c) of this section permission to engage in
employment in the United States and to provide to that alien an
'employment authorized' endorsement or other appropriate work permit.
''(c) This section applies with respect to any alien in the United
States (1) who has applied before November 1, 1979, for asylum in the
United States, (2) who has not been granted asylum, and (3) with respect
to whom a final, nonappealable, and legally enforceable order of
deportation or exclusion has not been entered.''
Pub. L. 97-35, title V, 543(a)(2), 547, Aug. 13, 1981, 95 Stat.
459, 463, eff. Oct. 1, 1981, provided that: ''For purposes of the
Refugee Education Assistance Act of 1980 (set out as a note below), an
alien who entered the United States on or after November 1, 1979, and is
in the United States with the immigration status of a Cuban-Haitian
entrant (status pending) shall be considered to be an eligible
participant (within the meaning of section 101(3) of such Act) but only
during the 36-month period beginning with the first month in which the
alien entered the United States as such an entrant or otherwise first
acquired such status.''
Cubans
Pub. L. 96-533, title VII, 716, Dec. 16, 1980, 94 Stat. 3162,
provided that: ''The Congress finds that the United States Government
has already incarcerated recently arrived Cubans who are admitted
criminals, are security threats, or have incited civil disturbances in
Federal processing facilities. The Congress urges the Executive branch,
consistent with United States law, to seek the deportation of such
individuals.''
Pub. L. 96-422, Oct. 10, 1980, 94 Stat. 1799, as amended by Pub.
L. 96-424, Oct. 10, 1980, 94 Stat. 1820; Pub. L. 97-35, title V,
543(a)(1), (b)-(d), 544-547, Aug. 13, 1981, 95 Stat. 459-463, eff.
Oct. 1, 1981; Pub. L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095,
provided: ''That this Act may be cited as the 'Refugee Education
Assistance Act of 1980'.
''Sec. 101. As used in this Act --
''(1) The terms 'elementary school', 'local educational agency',
'secondary school', 'State', and 'State educational agency' have the
meanings given such terms under section 198(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2854(a)).
''(2) The term 'elementary or secondary nonpublic schools' means
schools which comply with the compulsory education laws of the State and
which are exempt from taxation under section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
''(3) The term 'eligible participant' means any alien who --
''(A) has been admitted into the United States as a refugee under
section 207 of the Immigration and Nationality Act (section 1157 of this
title);
''(B) has been paroled into the United States as a refugee by the
Attorney General pursuant to section 212(d)(5) of such Act (section
1182(d)(5) of this title);
''(C) is an applicant for asylum, or has been granted asylum, in the
United States; or
''(D) has fled from the alien's country of origin and has, pursuant
to an Executive order of the President, been permitted to enter the
United States and remain in the United States indefinitely for
humanitarian reasons;
but only during the 36-month (period) beginning with the first month
in which the alien entered the United States (in the case of an alien
described in (A), (B), or (D)) or the month in which the alien applied
for asylum (in the case of an alien described in subparagraph (C)).
''(4) The term 'Secretary' means the Secretary of Education.
''Sec. 102. (a) There are authorized to be appropriated for each of
the fiscal years 1981, 1982, and 1983, but only in a lump sum for all
programs under this Act, subject to allocation in accordance with
subsection (b), such sums as may be necessary to make payments to which
State educational agencies are entitled under this Act and payments for
administration under section 104.
''(b)(1) If the sums appropriated for any fiscal year to make
payments to States under this Act are not sufficient to pay in full the
sum of the amounts which State educational agencies are entitled to
receive under titles II through IV for such year, the allocations to
State educational agencies under each of such titles shall be ratably
reduced by the same percentage to the extent necessary to bring the
aggregate of such allocations within the limits of the amounts so
appropriated.
''(2) In the event that funds become available for making payments
under this Act for any period after allocations have been made under
paragraph (1) of this subsection for such period, the amounts reduced
under such paragraph shall be increased on the same basis as they were
reduced.
''Sec. 103. (a) The jurisdictions to which this section applies are
Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands,
and the Trust Territory of the Pacific Islands.
''(b)(1) Each jurisdiction to which this section applies shall be
entitled to grants for the purposes set forth in sections 201(a), 302,
and 402 in amounts equal to amounts determined by the Secretary in
accordance with criteria established by the Secretary, except that the
aggregate of the amount to which such jurisdictions are so entitled for
any period --
''(A) for the purposes set forth in section 201(a), shall not exceed
an amount equal to 1 percent of the amount authorized to be appropriated
under section 201 for that period;
''(B) for the purposes set forth in section 302, shall not exceed an
amount equal to 1 percent of the aggregate of the amounts to which all
States are entitled under section 301 for that period; and
''(C) for the purposes set forth in section 402, shall not exceed an
amount equal to 1 percent of the aggregate of the amounts to which all
States are entitled under section 401 for that period.
''(2) If the aggregate of the amounts determined by the Secretary
pursuant to paragraph (1) to be so needed for any period exceeds an
amount equal to such 1 percent limitation, the entitlement of each such
jurisdiction shall be reduced proportionately until such aggregate does
not exceed such limitation.
''Sec. 104. The Secretary is authorized to pay to each State
educational agency amounts equal to the amounts expended by it for the
proper and efficient administration of its functions under this Act,
except that the total of such payments or any period shall not exceed 2
percent of the amount which that State educational agency receives for
that period under this Act.
''Sec. 105. Whenever the Secretary, after reasonable notice and
opportunity for a hearing to any State educational agency, finds that
there is a failure to meet the requirements of any title of this Act,
the Secretary shall notify that agency that further payments will not be
made to the agency under such title, or in the discretion of the
Secretary, that the State educational agency shall not make further
payments under such title to specified local education agencies or other
entities (in the case of funds under title IV) whose actions cause or
are involved in such failure until the Secretary is satisfied that there
is no longer any such failure to comply. Until the Secretary is so
satisfied, no further payments shall be made to the State educational
agency under such title, or payments by the State educational agency
under such title shall be limited to local educational agencies or other
entities (in the case of funds under title IV) whose actions did not
cause or were not involved in the failure, as the case may be.
''Sec. 106. To the extent that may be appropriate to facilitate the
determination of the amount of any reductions under sections 201(b)(2),
301(b)(3), and 401(b)(2), the Secretary shall consult with the heads of
other agencies providing assistance to eligible participants in order to
secure information concerning the disbursement of funds for educational
purposes under programs administered by them and provide, wherever
feasible, for coordination among those programs and the programs under
titles II through IV of this Act.
''Sec. 201. (a) The Secretary shall, in accordance with the
provisions of this title, make grants to State educational agencies for
fiscal year 1981, and for each subsequent fiscal year, for the purposes
of assisting local educational agencies of that State in providing basic
education for eligible participants enrolled in elementary or secondary
public schools. Payments made under this title to any State shall be
used in accordance with applications approved under section 202 for
public educational services for eligible participants enrolled in the
elementary and secondary public schools under the jurisdiction of the
local educational agencies of that State.
''(b)(1) As soon as possible after the date of the enactment of the
Consolidated Refugee Education Assistance Act (Aug. 13, 1981), the
Secretary shall establish a formula (reflecting the availability of the
full amount authorized for this title under section 203(b)) by which to
determine the amount of the grant which each State educational agency is
entitled to receive under this title for any fiscal year. The formula
established by the Secretary shall take into account the number of years
that an eligible participant assisted under this title has resided
within the United States and the relative costs, by grade level, of
providing education for elementary and secondary school children. On
the basis of the formula the Secretary shall allocate among the State
educational agencies, for each fiscal year, the amounts available to
carry out this title, subject to such reductions or adjustments as may
be required under paragraph (2) or subsection (c). Funds shall be
allocated among State educational agencies pursuant to the formula
without regard to variations in educational costs among different
geographical areas.
''(2) The amount of the grant to which a State educational agency is
otherwise entitled for any fiscal year, as determined under paragraph
(1), shall be reduced by the amounts made available for such fiscal year
under any other Federal law (other than section 303 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 2943)) for expenditure
within the State for the same purposes as those for which funds are made
available under this title, except that the reduction shall be made only
to the extent that (A) such amounts are made available for such purposes
specifically because of the refugee, parolee, or asylee status of the
individuals to be served by such funds, and (B) such amounts are made
available to provide assistance to individuals eligible for services
under this title. The amount of the reduction required under this
paragraph shall be determined by the Secretary in a manner consistent
with subsection (c).
''(3) For the purpose of this subsection, the term 'State' does not
include Guam, American Samoa, the Virgin Islands, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands. The
entitlements of such jurisdictions shall be determined in the manner
specified in section 103, but for purposes of this title and section 105
any payments made under section 103 for the purposes set forth in
section 201(a) shall be considered to be payments under this title.
''(c) Determinations by the Secretary under this title for any period
with respect to the number of eligible participants and the amount of
the reduction under subsection (b)(2) shall be made, whenever actual
satisfactory data are not available, on the basis of estimates. No such
determination shall operate because of an underestimate or overestimate
to deprive any State educational agency of its entitlement to any
payment (or the amount thereof) under this title to which such agency
would be entitled had such determination been made on the basis of
accurate data.
''Sec. 202. (a) No State educational agency shall be entitled to any
payment under this title for any period unless that agency submits an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information, as the Secretary may
reasonably require. Each such application shall --
''(1) provide that the payments under this title will be used for the
purposes set forth in section 201(a);
''(2) provide assurances that such payments will be distributed among
local educational agencies within that State in accordance with the
formula established by the Secretary under section 201, subject to any
reductions in payments for those local educational agencies identified
under paragraph (3) to which funds described by section 201(b)(2) are
made available for the same purposes under other Federal laws;
''(3) specify the amount of funds described by section 201(b)(2)
which are made available under other Federal laws for expenditure within
the State for the same purposes as those for which funds are made
available under this title and the local educational agencies to which
such funds are made available;
''(4) provide assurances that the State educational agency will not
finally disapprove in whole or in part any application for funds
received under this title without first affording the local educational
agency submitting the application for such funds reasonable notice and
opportunity for a hearing; and
''(5) provide for making such reports as the Secretary may reasonably
require to carry out this title.
''(b) The Secretary shall approve an application which meets the
requirements of subsection (a). The Secretary shall not finally
disapprove an application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency.
''Sec. 203. (a) The Secretary shall pay to each State educational
agency having an application approved under section 202 the amount which
that State is entitled to receive under this title.
''(b) For fiscal year 1981 and for each subsequent fiscal year, there
is authorized to be appropriated, in the manner specified under section
102, to make payments under this title an amount equal to the product of
--
''(1) the total number of eligible participants enrolled in
elementary or secondary public schools under the jurisdiction of local
educational agencies within all the States (other than the jurisdictions
to which section 103 is applicable) during the fiscal year for which the
determination is made,
multiplied by --
''(2) $400.
''Sec. 301. (a) The Secretary shall, in accordance with the
provisions of this title, make payments to State educational agencies
for fiscal year 1981, and for each subsequent fiscal year for the
purpose set forth in section 302.
''(b)(1) Except as provided in paragraph (3) of this subsection and
in subsections (c) and (d) of this section, the amount of the grant to
which a State educational agency is entitled under this title for any
fiscal year shall be equal to the sum of --
''(A) the amount equal to the product of (i) the number of eligible
participants enrolled during the period for which the determination is
made in elementary or secondary public schools under the jurisdiction of
each local educational agency described under paragraph (2) within that
State, or in any elementary or secondary nonpublic school within the
district served by each such local educational agency, who have been
eligible participants less than one year, multiplied by (ii) $700;
''(B) the amount equal to the product of (i) the number of eligible
participants enrolled during the period for which the determination is
made in elementary or secondary public schools under the jurisdiction of
each local educational agency described under paragraph (2) within that
State, or in any elementary or secondary nonpublic school within the
district served by each such local educational agency, who have been
eligible participants at least one year but not more than two years,
multiplied by (ii) $500; and
''(C) the product of (i) the number of eligible participants enrolled
during the period for which the determination is made in elementary or
secondary public schools under the jurisdiction of each local
educational agency described under paragraph (2) within that State, or
in any elementary or secondary nonpublic school within the district
served by each such local educational agency, who have been eligible
participants more than two years but not more than three years,
multiplied by (ii) $300.
''(2) The local educational agencies referred to in paragraph (1) are
those local educational agencies in which the sum of the number of
eligible participants who are enrolled in elementary or secondary public
schools under the jurisdiction of such agencies, or in elementary or
secondary nonpublic schools within the districts served by such
agencies, during the fiscal year for which the payments are to be made
under this title, and are receiving supplementary educational services
during such period, is equal to --
''(A) at least 500; or
''(B) at least 5 percent of the total number of students enrolled in
such public or nonpublic schools during such fiscal year;
whichever number is less. Notwithstanding the provisions of this
paragraph, the local educational agencies referred to in paragraph (1)
shall include local educational agencies eligible to receive assistance
by reason of the last sentence of section 3(b) and section 3(c)(2)(B) of
the Act of September 30, 1950 (Public Law 874, Eighty-first Congress)
(20 U.S.C. 238(b) and (c)(2)(B)), relating to Federal impact aid,
subject to paragraph (5) of this subsection.
''(3) The amount of the grant to which a State educational agency is
otherwise entitled for any fiscal year, as determined under paragraph
(1), shall be reduced by the amounts made available under any other
Federal law to agencies or other entities for educational, or
education-related, services or activities within the State because of
the significant concentration of eligible participants, except that no
reduction under this paragraph shall be made for any funds made
available to the State under section 303 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2943). The amount of the reduction
required under this paragraph shall be determined by the Secretary in a
manner consistent with subsection (c).
''(4) For the purpose of this subsection, the term 'State' does not
include Guam, American Samoa, the Virgin Islands, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands. The
entitlements of such jurisdictions shall be determined in the manner
specified in section 103, but for purposes of this title and section 105
any payments made under section 103 for the purposes set forth in
section 302 shall be considered to be payments under this title.
''(5) The amount of the grant to which a State educational agency is
entitled as a result of the last sentence of paragraph (2) shall be
limited to eligible participants who meet the requirements of section
101(4).
''(c) Determinations by the Secretary under this title for any period
with respect to the number of eligible participants and the amount of
the reduction under subsection (b)(3) shall be made, whenever actual
satisfactory data are not available, on the basis of estimates. No such
determination shall operate because of an underestimate or overestimate
to deprive any State educational agency of its entitlement to any
payment (or the amount thereof) under this title to which such agency
would be entitled had such determination been made on the basis of
accurate data.
''(d) Whenever the Secretary determines that any amount of a payment
made to a State under this title for a fiscal year will not be used by
such State for carrying out the purpose for which the payment was made,
the Secretary shall make such amount available for carrying out such
purpose to one or more other States to the extent the Secretary
determines that such other States will be able to use such additional
amount for carrying out such purpose. Any amount made available to a
State from an appropriation for a fiscal year in accordance with the
preceding sentence shall, for purposes of this title, be regarded as
part of such State's payment (as determined under subsection (b)) for
such year, but shall remain available until the end of the succeeding
fiscal year.
''Sec. 302. (a) Payments made under this title to any State may be
used in accordance with applications approved under section 303 for
supplementary educational services and costs, as described under
subsection (b) of this section, for eligible participants enrolled in
the elementary and secondary public schools under the jurisdiction of
the local educational agencies of the State described in section
301(b)(2) and in elementary and secondary nonpublic schools of that
State within the districts served by such agencies.
''(b) Financial assistance provided under this title shall be
available to meet the costs of providing eligible participants
supplementary educational services, including but not limited to --
''(1) supplementary educational services necessary to enable those
children to achieve a satisfactory level of performance, including --
''(A) English language instruction;
''(B) other bilingual educational services; and
''(C) special materials and supplies;
''(2) additional basic instructional services which are directly
attributable to the presence in the school district of eligible
participants, including the costs of providing additional classroom
supplies, overhead costs, costs of construction, acquisition or rental
of space, costs of transportation, or such other costs as are directly
attributable to such additional basis instructional services; and
''(3) special inservice training for personnel who will be providing
instruction described in either paragraph (1) or (2) of this subsection.
''Sec. 303. (a) No State educational agency shall be entitled to any
payment under this title for any period unless that agency submits an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information, as the Secretary may
reasonably require. Each such application shall --
''(1) provide that the educational programs, services and activities
for which payments under this title are made will be administered by or
under the supervision of the agency;
''(2) provide assurances that payments under this title will be used
for purposes set forth in section 302;
''(3) provide assurances that such payments will be distributed among
local educational agencies within that State in accordance with section
301, subject to any reductions in payments for local educational
agencies identified under paragraph (5) to take into account the funds
described by section 301(b)(3) that are made available for educational,
or education-related, services or activities for eligible participants
enrolled in elementary or secondary public schools under the
jurisdiction of such agencies or elementary or secondary nonpublic
schools within the districts served by such agencies;
''(4) provide assurances that the State educational agency will not
finally disapprove in whole or in part any application for funds
received under this title without first affording the local educational
agency submitting an application for such funds reasonable notice and
opportunity for a hearing;
''(5) specify (A) the amount of funds described by section 301(b)(3)
that are made available under other Federal laws to agencies or other
entities for educational, or education-related, services or activities
within the State because of a significant concentration of eligible
participants, and (B) the local educational agencies within whose
districts are eligible participants provided services from such funds
who are enrolled in elementary or secondary schools under the
jurisdiction of such agencies, or in elementary or secondary nonpublic
schools served by such agencies;
''(6) provide for making such reports as the Secretary may reasonably
require to perform his functions under this Act; and
''(7) provide assurances --
''(A) that to the extent consistent with the number of eligible
participants enrolled in the elementary or secondary nonpublic schools
within the district served by a local educational agency, such agency,
after consultation with appropriate officials of such schools, shall
provide for the benefit of these children secular, neutral, and
nonideological services, materials, and equipment necessary for the
education of such children;
''(B) that the control of funds provided under this paragraph and the
title to any materials, equipment, and property repaired, remodeled, or
constructed with those funds shall be in a public agency for the uses
and purposes provided in this title, and a public agency shall
administer such funds and property; and
''(C) that the provision of services pursuant to this paragraph shall
be provided by employees of a public agency or through contract by such
public agency with a person, association, agency or corporation who or
which, in the provision of such services, is independent of such
elementary or secondary nonpublic school and of any religious
organization; and such employment or contract shall be under the
control and supervision of such public agency, and the funds provided
under this paragraph shall not be commingled with State or local funds.
''(b) The Secretary shall approve an application which meets the
requirements of subsection (a). The Secretary shall not finally
disapprove an application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency.
''Sec. 304. (a) The Secretary shall pay to each State educational
agency having an application approved under section 303 the amount which
that State is entitled to receive under this title.
''(b) If a State is prohibited by law from providing public
educational services for children enrolled in elementary and secondary
nonpublic schools, as required by section 303(a)(6), or if the Secretary
determines that a local educational agency has substantially failed or
is unwilling to provide for the participation on an equitable basis of
children enrolled in such schools, the Secretary may waive such
requirement and shall arrange for the provision of services to such
children through arrangements which shall be subject to the requirements
of this Act.
''Sec. 401. (a) The Secretary shall, in accordance with the
provisions of this title, make payments to State educational agencies
for fiscal year 1982, and for each subsequent fiscal year for the
purposes of providing for the operation of adult education programs as
described under section 402 for eligible participants aged 16 or older.
Payments made under this title to any State shall be used in accordance
with applications approved under section 403.
''(b)(1) Except as provided in subsection (c) of this section, the
amount of the grant to which a State educational agency is entitled
under this Act, for any fiscal year described in subsection (a), shall
be equal to the product of --
''(A) the number of eligible participants aged 16 or older who are
enrolled, during the period for which the determination is made, in
programs of instruction referred to in section 402 which are offered
within that State, other than any such refugees who are enrolled in
elementary or secondary public schools under the jurisdiction of local
educational agencies;
multiplied by --
''(B) $300.
''(2) The amount of the grant to which a State educational agency is
otherwise entitled for any fiscal year, as determined under paragraph
(1), shall be reduced by the amounts made available for such fiscal year
under any other Federal law (other than section 303 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 2943)) for expenditure
within the State for the same purposes as those for which funds are made
available under this title, except that the reduction shall be made only
to the extent that (A) such amounts are made available for such purposes
specifically because of the refugee, parolee, or asylee status of the
individuals to be served by such funds, and (B) such amounts are made
available to provide assistance to individuals eligible for services
under this title. The amount of the reduction required under this
paragraph shall be determined by the Secretary in a manner consistent
with subsection (c).
''(3) For the purpose of this subsection, the term 'State' does not
include Guam, American Samoa, the Virgin Islands, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands. The
entitlements of such jurisdictions shall be determined in the manner
specified in section 103, but for purposes of this title and section 105
any payments made under section 103 for the purposes set forth in
section 402 shall be considered to be payments under this title.
''(c) Determinations by the Secretary under this title for any period
with respect to the number of eligible participants and the amount of
the reduction under subsection (b)(2) shall be made, whenever actual
satisfactory data are not available, on the basis of estimates. No such
determination shall operate because of an underestimate or overestimate
to deprive any State educational agency of its entitlement to any
payment (or the amount thereof) under this title to which such agency
would be entitled had such determination been made on the basis of
accurate data.
''Sec. 402. (a) Funds made available to State educational agencies
under this title shall be used by such agencies to provide for programs
of adult education and adult basic education to eligible participants
aged 16 or older in need for such services who are not enrolled in
elementary or secondary public schools under the jurisdiction of local
educational agencies. Such programs may be provided directly by the
State educational agency, or such agency may make grants, or enter into
contracts, with local educational agencies, and other public or private
nonprofit agencies, organizations, or institutions to provide for such
programs. Funds available under this title may be used for --
''(1) programs of instruction of such adult refugees in basic reading
and mathematics, in development and enhancement of necessary skills, and
for the promotion of literacy among such refugees;
''(2) administrative costs of planning and operating such programs of
instruction;
''(3) educational support services which meet the need for such adult
refugees, including guidance and counseling with regard to educational,
career, and employment opportunities; and
''(4) special projects designed to operate in conjunction with
existing Federal and non-Federal programs and activities to develop
occupational and related skills for individuals, particularly programs
authorized under the Comprehensive Employment and Training Act of 1973
(29 U.S.C. 801 et seq.) or under the Vocational Education Act of 1963
(now Carl D. Perkins Vocational and Applied Technology Education Act)
(20 U.S.C. 2301 et seq.).
''(b) The State educational agency shall review applications for
grants and contracts in a manner consistent with the purposes of
paragraphs (12) and (13) of section 306(b) of the Adult Education Act
(20 U.S.C. 1205(b)(12) and (13)).
''(c) The State educational agency shall provide for the use of funds
made available under this title in such manner that the maximum number
of eligible participants aged 16 or older residing within the State
receive education under the programs of instruction described under
subsection (a).
''Sec. 403. (a) No State educational agency shall be entitled to any
payment under this title for any period unless that agency submits an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information, as the Secretary may
reasonably require. Each such application shall --
''(1) provide that payments made under this title will be used only
for the purposes, and in the manner, set forth in section 402;
''(2) specify the amount of reduction required under section
401(b)(2);
''(3) provide assurances that the State educational agency will not
finally disapprove in whole or in part any application for funds
received under this title without first affording the entity submitting
an application for such funds reasonable notice and opportunity for a
hearing; and
''(4) provide for making periodic reports to the Secretary evaluating
the effectiveness of the payments made under this title, and such other
reports as the Secretary may reasonably require to perform his functions
under this Act.
''(b) The Secretary shall approve an application which meets the
requirements of subsection (a). The Secretary shall not finally
disapprove an application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency.
''Sec. 501. (a)(1) The President shall exercise authorities with
respect to Cuban and Haitian entrants which are identical to the
authorities which are exercised under chapter 2 of title IV of the
Immigration and Nationality Act (8 U.S.C. 1521 et seq.). The
authorizations provided in section 414 of that Act (8 U.S.C. 1524) shall
be available to carry out this section without regard to the dollar
limitation contained in section 414(a)(2).
''(2) Any reference in chapter III of title I of the Supplemental
Appropriations and Rescission Act, 1980 (Pub. L. 96-304, July 8, 1980,
94 Stat. 857, 865), to section 405(c)(2) of the International Security
and Development Assistance Act of 1980 or to the International Security
Act of 1980 shall be construed to be a reference to paragraph (1) of
this subsection.
''(b) In addition, the President may, by regulation, provide that
benefits granted under any law of the United States (other than the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)) with respect to
individuals admitted to the United States under section 207(c) of the
Immigration and Nationality Act (8 U.S.C. 1157(c)) shall be granted in
the same manner and to the same extent with respect to Cuban and Haitian
entrants.
''(c)(1)(A) Any Federal agency may, under the direction of the
President, provide assistance (in the form of materials, supplies,
equipment, work, services, facilities, or otherwise) for the processing,
care, maintenance, security, transportation, and initial reception and
placement in the United States of Cuban and Haitian entrants. Such
assistance shall be provided on such terms and conditions as the
President may determine.
''(B) Funds available to carry out this subsection shall be used to
reimburse State and local governments for expenses which they incur for
the purposes described in subparagraph (A). Such funds may be used to
reimburse Federal agencies for assistance which they provide under
subparagraph (A).
''(2) The President may direct the head of any Federal agency to
detail personnel of that agency, on either a reimbursable or
nonreimbursable basis, for temporary duty with any Federal agency
directed to provide supervision and management for purposes of this
subsection.
''(3) The furnishing of assistance or other exercise of functions
under this subsection shall not be considered a major Federal action
significantly affecting the quality of the human environment within the
meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
''(4) Funds to carry out this subsection may be available until
expended.
''(5) (Repealed. Pub. L. 96-424, Oct. 10, 1980, 94 Stat. 1820.)
''(d) The authorities provided in this section are applicable to
assistance and services provided with respect to Cuban or Haitian
entrants at any time after their arrival in the United States, including
periods prior to the enactment of this section.
''(e) As used in this section, the term 'Cuban and Haitian entrant'
means --
''(1) any individual granted parole status as a Cuban/Haitian Entrant
(Status Pending) or granted any other special status subsequently
established under the immigration laws for nationals of Cuba or Haiti,
regardless of the status of the individual at the time assistance or
services are provided; and
''(2) any other national of Cuba or Haiti --
''(A) who --
''(i) was paroled into the United States and has not acquired any
other status under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.);
''(ii) is the subject of exclusion or deportation proceedings under
the Immigration and Nationality Act; or
''(iii) has an application for asylum pending with the Immigration
and Naturalization Service; and
''(B) with respect to whom a final, nonappealable, and legally
enforceable order of deportation or exclusion has not been entered.''
Pub. L. 96-424, Oct. 10, 1980, 94 Stat. 1820, provided in part that
the repeal of section 501(c)(5) of Pub. L. 96-422, set out above, is
effective Oct. 11, 1980.
Pub. L. 97-35, title V, subtitle C, 547, Aug. 13, 1981, 95 Stat.
463, provided that: ''This subtitle (repealing sections 239a and 1211b
of Title 20, Education, amending the Refugee Assistance Act of 1980, set
out above, and repealing provisions set out as a note under section
1211b of Title 20) shall take effect on October 1, 1981.''
Pub. L. 97-35, title V, subtitle C, 541, Aug. 13, 1981, 95 Stat.
458, provided that: ''This subtitle (repealing sections 239a and 1211b
of Title 20, Education, amending the Refugee Education Assistance Act of
1980, set out above, and repealing provisions set out as a note under
section 1211b of Title 20) may be cited as the 'Consolidated Refugee
Education Assistance Act'.''
Ex. Ord. No. 12246, Oct. 10, 1980, 45 F.R. 68367, which delegated to
the Secretary of State the functions of the President under section
501(c) of Pub. L. 96-422, set out above, was revoked by Ex. Ord. No.
12251, Nov. 15, 1980, 45 F.R. 76085, formerly set out below.
Ex. Ord. No. 12251, Nov. 15, 1980, 45 F.R. 76085, which related to
the delegation of functions concerning educational assistance to Cuban
and Haitian entrants, was revoked by Ex. Ord. No. 12341, Jan. 21,
1982, 47 F.R. 3341, set out below.
Ex. Ord. No. 12341, Jan. 21, 1982, 47 F.R. 3341, provided:
By the authority vested in me as President of the United States of
America by Section 501 of the Refugee Education Assistance Act of 1980
(8 U.S.C. 1522 note) and Section 301 of Title 3 of the United States
Code, and to reassign some responsibilities for providing assistance to
Cuban and Haitian entrants, it is hereby ordered as follows:
Section 1. The functions vested in the President by Sections 501(a)
and (b) of the Refugee Education Assistance Act of 1980, hereinafter
referred to as the Act (8 U.S.C. 1522 note), are delegated to the
Secretary of Health and Human Services.
Sec. 2. The Attorney General shall ensure that actions are taken to
provide such assistance to Cuban and Haitian entrants as provided for by
Section 501(c) of the Act. To that end, the functions vested in the
President by Section 501(c) of the Act are delegated to the Attorney
General.
Sec. 3. All actions taken pursuant to Executive Order No. 12251
(formerly set out as a note above) shall continue in effect until
superseded by actions under this Order.
Sec. 4. Executive Order No. 12251 of November 15, 1980, is revoked.
Ronald Reagan.
Reimbursement of States for costs of incarcerating illegal aliens and
certain Cuban nationals, see section 1365 of this title.
sections 1382, 1396s.
/1/ See References in Text note below.
08 USC 1523. Congressional reports
TITLE 8 -- ALIENS AND NATIONALITY
(a) The Secretary, in consultation with the Coordinator, shall submit
a report on activities under this subchapter to the Committees on the
Judiciary of the House of Representatives and of the Senate not later
than the January 31 following the end of each fiscal year, beginning
with fiscal year 1980.
(b) Each such report shall contain --
(1) an updated profile of the employment and labor force statistics
for refugees who have entered the United States within the
five-fiscal-year period immediately preceding the fiscal year within
which the report is to be made and for refugees who entered earlier and
who have shown themselves to be significantly and disproportionately
dependent on welfare, as well as a description of the extent to which
refugees received the forms of assistance or services under this
subchapter during that period;
(2) a description of the geographic location of refugees;
(3) a summary of the results of the monitoring and evaluation
conducted under section 1522(a)(7) of this title during the period for
which the report is submitted;
(4) a description of (A) the activities, expenditures, and policies
of the Office under this subchapter and of the activities of States,
voluntary agencies, and sponsors, and (B) the Director's plans for
improvement of refugee resettlement;
(5) evaluations of the extent to which (A) the services provided
under this subchapter are assisting refugees in achieving economic
self-sufficiency, achieving ability in English, and achieving employment
commensurate with their skills and abilities, and (B) any fraud, abuse,
or mismanagement has been reported in the provisions of services or
assistance;
(6) a description of any assistance provided by the Director pursuant
to section 1522(e)(5) of this title;
(7) a summary of the location and status of unaccompanied refugee
children admitted to the United States; and
(8) a summary of the information compiled and evaluation made under
section 1522(a)(8) of this title.
(June 27, 1952, ch. 477, title IV, ch. 2, 413, as added Mar. 17,
1980, Pub. L. 96-212, title III, 311(a)(2), 94 Stat. 115; amended Oct.
25, 1982, Pub. L. 97-363, 3(b), 7, 96 Stat. 1734, 1737; Nov. 6,
1986, Pub. L. 99-605, 11, 100 Stat. 3455; Oct. 24, 1988, Pub. L.
100-525, 9(jj), 102 Stat. 2622.)
1988 -- Pub. L. 100-525 redesignated former subsec. (a)(1) as (a)
and former subsec. (a)(2) as (b), and within (b), further redesignated
former subpars. (A) to (H) as pars. (1) to (8), respectively, and
former cls. (i) and (ii) of pars. (4) and (5) as cls. (A) and (B),
respectively; and struck out former subsec. (b) which provided for a
report to Congress by the Secretary not later than one year after Mar.
17, 1980, and former subsecs. (c) and (d) which provided for certain
reports to Congress by the Director not later than certain dates in
1983.
1986 -- Subsec. (a)(2)(A). Pub. L. 99-605 substituted ''the United
States within the five-fiscal-year period immediately preceding the
fiscal year within which the report is to be made and for refugees who
entered earlier and who have shown themselves to be significantly and
disproportionately dependent on welfare'' for ''under this chapter since
May 1975''.
1982 -- Subsec. (c). Pub. L. 97-363, 3(b), added subsec. (c).
Subsec. (d). Pub. L. 97-363, 7, added subsec. (d).
Amendment by Pub. L. 97-363 effective Oct. 1, 1982, see section 8
of Pub. L. 97-363, set out as a note under section 1522 of this title.
08 USC 1524. Authorization of appropriations
TITLE 8 -- ALIENS AND NATIONALITY
(a) There are authorized to be appropriated for fiscal year 1992 such
sums as may be necessary to carry out this subchapter.
(b) The authority to enter into contracts under this subchapter shall
be effective for any fiscal year only to such extent or in such amounts
as are provided in advance in appropriation Acts.
(June 27, 1952, ch. 477, title IV, ch. 2, 414, as added Mar. 17,
1980, Pub. L. 96-212, title III, 311(a)(2), 94 Stat. 116; amended Oct.
25, 1982, Pub. L. 97-363, 2, 96 Stat. 1734; Nov. 6, 1986, Pub. L.
99-605, 2, 100 Stat. 3449; Oct. 24, 1988, Pub. L. 100-525, 6(a), 102
Stat. 2616; Oct. 1, 1991, Pub. L. 102-110, 5, 105 Stat. 558.)
1991 -- Subsec. (a). Pub. L. 102-110 amended subsec. (a) generally,
substituting present provisions for provisions which authorized
appropriations for fiscal years 1987 and 1988 to carry out this
subchapter generally and specifically to carry out section 1522(c)(1),
(b)(5), and (f) of this title.
1988 -- Subsec. (a)(1). Pub. L. 100-525 substituted ''through (4)''
for ''through (5)''.
1986 -- Subsec. (a)(1). Pub. L. 99-605, 2(a), (b)(1), substituted
''for each of fiscal years 1987 and 1988'' for ''for fiscal year 1983'',
and ''(2) through (5)'' for ''(2) and (3)''.
Subsec. (a)(2). Pub. L. 99-605, 2(b)(2), amended par. (2)
generally, substituting ''1987 $74,783,000 and for fiscal year 1988
$77,924,000'' for ''1983 $100,000,000'', and ''1522(c)(1)'' for
''1522(c)''.
Subsec. (a)(3). Pub. L. 99-605, 2(b)(2), amended par. (3)
generally, substituting ''1987 $8,761,000 and for fiscal year 1988
$9,125,000'' for ''1983 $14,000,000''.
Subsec. (a)(4). Pub. L. 99-605, 2(b)(3), added par. (4).
1982 -- Subsec. (a). Pub. L. 97-363, 2, substituted provisions with
regard to fiscal 1983 authorizing appropriation of sums necessary to
carry out provisions of this chapter, authorizing appropriations of
$100,000,000 for services to refugees under section 1522(c) of this
title, and authorizing appropriations of $14,000,000 for the purpose of
carrying out section 1522(b)(5) of this title, for provisions with
regard to fiscal 1980 and each of the two succeeding fiscal years
authorizing appropriation of sums necessary for initial resettlement
assistance, cash and medical assistance, and child welfare services
under subsecs. (b)(1), (3), (4), (d)(2), and (e) of section 1522 of
this title, and authorizing appropriations of $200,000,000 for other
programs.
Amendment by Pub. L. 100-525 effective as if included in enactment
of Refugee Assistance Extension Act of 1986, Pub. L. 99-605, see
section 6(c) of Pub. L. 100-525, set out as a note under section 1522
of this title.
08 USC 1525. United States Coordinator for Refugee Affairs
TITLE 8 -- ALIENS AND NATIONALITY
(a) Appointment; rank
The President shall appoint, by and with the advice and consent of
the Senate, a United States Coordinator for Refugee Affairs (hereinafter
in this section referred to as the ''Coordinator''). The Coordinator
shall have the rank of Ambassador-at-Large.
(b) Duties and functions
The Coordinator shall be responsible to the President for --
(1) the development of overall United States refugee admission and
resettlement policy;
(2) the coordination of all United States domestic and international
refugee admission and resettlement programs in a manner that assures
that policy objectives are met in a timely fashion;
(3) the design of an overall budget strategy to provide individual
agencies with policy guidance on refugee matters in the preparation of
their budget requests, and to provide the Office of Management and
Budget with an overview of all refugee-related budget requests;
(4) the presentation to the Congress of the Administration's overall
refugee policy and the relationship of individual agency refugee budgets
to that overall policy;
(5) advising the President, Secretary of State, Attorney General, and
the Secretary of Health and Human Services on the relationship of
overall United States refugee policy to the admission of refugees to,
and the resettlement of refugees in, the United States;
(6) under the direction of the Secretary of State, representation and
negotiation on behalf of the United States with foreign governments and
international organizations in discussions on refugee matters and, when
appropriate, submitting refugee issues for inclusion in other
international negotiations;
(7) development of an effective and responsive liaison between the
Federal Government and voluntary organizations, Governors and mayors,
and others involved in refugee relief and resettlement work to reflect
overall United States Government policy;
(8) making recommendations to the President and to the Congress with
respect to policies for, objectives of, and establishment of priorities
for, Federal functions relating to refugee admission and resettlement in
the United States; and
(9) reviewing the regulations, guidelines, requirements, criteria,
and procedures of Federal departments and agencies applicable to the
performance of functions relating to refugee admission and resettlement
in the United States.
(c) Consultations with States, localities, etc.; reports by
Secretaries of Labor and Education and inclusion of information in
report of Coordinator
(1) In the conduct of the Coordinator's duties, the Coordinator shall
consult regularly with States, localities, and private nonprofit
voluntary agencies concerning the sponsorship process and the intended
distribution of refugees.
(2) The Secretary of Labor and the Secretary of Education shall
provide the Coordinator with regular reports describing the efforts of
their respective departments to increase refugee access to programs
within their jurisdiction, and the Coordinator shall include information
on such programs in reports submitted under section 1523(a)(1) /1/ of
this title.
(Pub. L. 96-212, title III, 301, Mar. 17, 1980, 94 Stat. 109.)
Section 1523 of this title, referred to in subsec. (c)(2), was
amended by Pub. L. 100-525, 9(jj)(2)(D), Oct. 24, 1988, 102 Stat.
2622, to redesignate subsec. (a)(1) as subsec. (a).
Section was enacted as part of the Refugee Act of 1980, and not as
part of the Immigration and Nationality Act which comprises this
chapter.
References to Secretary of Education or to Secretary or Department of
Health and Human Services deemed, before the effective date of
Department of Education Organization Act (see Effective Date note set
out under section 3401 of Title 20, Education), to be reference to
Secretary or Department of Health, Education, and Welfare, respectively,
see section 204(e) of Pub. L. 96-212, set out as a note under section
1521 of this title.
/1/ See References in Text note below.
08 USC CHAPTER 13 -- IMMIGRATION AND NATURALIZATION SERVICE
TITLE 8 -- ALIENS AND NATIONALITY
Sec.
1551. Immigration and Naturalization Service.
1552. Commissioner of Immigration and Naturalization; office.
1553. Assistant Commissioners and one District Director;
compensation and salary grade.
1554. Special immigrant inspectors at Washington.
1555. Immigration Service expenses.
1556. Transferred.
1557. Prevention of transportation in foreign commerce of alien
women and girls under international agreement; Commissioner designated
as authority to receive and preserve information.
08 USC 1551. Immigration and Naturalization Service
TITLE 8 -- ALIENS AND NATIONALITY
There is created and established in the Department of Justice an
Immigration and Naturalization Service.
(Feb. 14, 1903, ch. 552, 4, 32 Stat. 826; June 29, 1906, ch. 3592,
1, 34 Stat. 596; Mar. 4, 1913, ch. 141, 3, 37 Stat. 737; Ex. Ord.
No. 6166, 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14,
1940, 5 F.R. 2223, 54 Stat. 1238.)
Section was formerly classified to section 342 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Functions vested by law in Attorney General, Department of Justice,
or any other officer or any agency of that Department, with respect to
inspection at regular inspection locations at ports of entry of persons,
and documents of persons, entering or leaving United States, were to
have been transferred to Secretary of the Treasury by 1973 Reorg. Plan
No. 2, 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out
in the Appendix to Title 5, Government Organization and Employees. The
transfer was negated by section 1(a)(1), (b) of Pub. L. 93-253, Mar.
16, 1974, 88 Stat. 50, which repealed section 2 of 1973 Reorg. Plan
No. 2, eff. July 1, 1973.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by 1950 Reorg. Plan No.
2, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in
the Appendix to Title 5. See sections 509 and 510 of Title 28,
Judiciary and Judicial Procedure.
Pub. L. 96-132, 10, Nov. 30, 1979, 93 Stat. 1047, provided that:
''The Attorney General shall make arrangements with an appropriate
entity for an independent comprehensive management analysis of the
operations of the Immigration and Naturalization Service for the purpose
of making such operations efficient and cost effective. After the
completion of such analysis, the Attorney General shall promptly submit
a report to the appropriate committees of Congress on the results of
such analysis together with any administrative or legislative
recommendations of the Attorney General to improve the operations of the
Service.''
Establishment, Powers, Etc.
Pub. L. 96-132, 22, Nov. 30, 1979, 93 Stat. 1050, provided that:
''(a) In order to create an independent and objective unit --
''(1) to conduct and supervise audits and investigations relating to
programs and operations of the Immigration and Naturalization Service,
''(2) to provide leadership and coordination and recommend policies
for activities designed (A) to promote economy, efficiency, and
effectiveness in the administration of, and (B) to prevent and detect
fraud and abuse in, such programs and operations, and
''(3) to provide a means for keeping the Commissioner of the
Immigration and Naturalization Service and the Congress fully and
currently informed about problems and deficiencies relating to the
administration of such programs and operations and the necessity for and
progress of corrective action,
there is hereby established in the Immigration and Naturalization
Service of the Department of Justice an Office of Special Investigator
(hereinafter in this section referred to as 'the Office').
''(b)(1) There shall be at the head of the Office a Special
Investigator (hereinafter in this section referred to as 'the Special
Investigator') who shall be appointed by the Attorney General without
regard to political affiliation and solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigations. The
Special Investigator shall report to and be under the general
supervision of the Commissioner, who shall not prevent or prohibit the
Special Investigator from initiating, carrying out, or completing any
audit or investigation, or from issuing any subpena during the course of
any audit or investigation.
''(2) The Special Investigator may be removed from office by the
Attorney General. The Attorney General shall communicate the reasons
for any such removal to both Houses of Congress.
''(3) For the purposes of section 7324 of title 5 of the United
States Code, the Special Investigator shall not be considered to be an
employee who determines policies to be pursued by the United States in
the nationwide administration of Federal laws.
''(4) The Special Investigator shall, in accordance with applicable
laws and regulations governing the civil service --
''(A) appoint an Assistant Special Investigator for Auditing who
shall have the responsibility for supervising the performance of
auditing activities relating to programs and operations of the Service,
and
''(B) appoint an Assistant Special Investigator for Investigations
who shall have the responsibility for the performance of investigative
activities relating to such programs and operations.
''(c) The following provisions of the Inspector General Act of 1978
(Public Law 95-452) (set out in the Appendix to Title 5) shall apply to
the Special Investigator, the Office, the Commissioner, and the Service
under this section in the same manner as those provisions apply to an
Inspector General, an Office, the head of the establishment, and an
establishment under such Act:
''(1) Section 4 (relating to duties and responsibilities of an
Inspector General and the manner in which they are carried out).
''(2) Section 5 (relating to reports required to be prepared and
furnished by or to an Inspector General and their transmittal and
availability).
''(3) Section 6 (relating to the authority of an Inspector General
and related administrative provisions).
''(4) Section 7 (relating to the treatment of employee complaints by
an Inspector General).
''(d) The Attorney General is authorized to appoint such staff as may
be necessary to carry out this section.
''(e) For purposes of this section --
''(1) the term 'Service' means the Immigration and Naturalization
Service;
''(2) the term 'Department' means the Department of Justice; and
''(3) the term 'Commissioner' means the Commissioner of Immigration
and Naturalization.
''(f) The Special Investigator shall be compensated at the rate then
payable under section 5316 of title 5 of the United States Code for
level V of the Executive Schedule.
''(g) The provisions of this section shall take effect on the date of
the enactment of this Act (Nov. 30, 1979) and shall cease to have effect
the earlier of --
''(1) 3 years after the date of the enactment of this Act; and
''(2) the establishment of an office of inspector general for the
Department of Justice.
''(h) In addition to any other sums authorized to be appropriated by
this Act, there are authorized to be appropriated $376,000 for the
fiscal year ending September 30, 1980 to carry out this section.''
By acts Aug. 3, 1882, ch. 376, 2, 3, 22 Stat. 214; Feb. 23,
1887, ch. 220, 24 Stat. 415, the administration of the immigration
laws then in force was reposed in the Secretary of the Treasury.
Subsequently, by act Mar. 3, 1891, ch. 551, 7, 26 Stat. 1087, the
office of the Superintendent of Immigration was created as a permanent
immigration agency and he in turn was designated Commissioner General of
Immigration under the heading ''Bureau of Immigration'' by act Mar. 2,
1895, ch. 177, 1, 28 Stat. 780. Upon the establishment of the
Department of Commerce and Labor, the Commissioner General of
Immigration and the Bureau of Immigration were transferred to that
Department by act Feb. 14, 1903, ch. 552, 4, 32 Stat. 825, and
thereafter were redesignated the Bureau of Immigration and
Naturalization by act June 29, 1906, ch. 3592, 1, 34 Stat. 596. The
Bureau of Immigration and Naturalization was transferred to the
Department of Labor upon its establishment by act Mar. 4, 1913, ch.
141, 37 Stat. 736, and divided into two bureaus to be known as the
Bureau of Immigration and the Bureau of Naturalization, respectively.
Ex. Ord. No. 6166, 14, June 10, 1933, set out as note under section 901
of Title 5, Government Organization and Employees, again consolidated
these bureaus to form the Immigration and Naturalization Service, under
a ''Commissioner of Immigration and Naturalization'', which was then
transferred from the Department of Labor to the Department of Justice by
1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat.
1238, set out in the Appendix to Title 5.
08 USC 1552. Commissioner of Immigration and Naturalization; office
TITLE 8 -- ALIENS AND NATIONALITY
The office of the Commissioner of Immigration and Naturalization is
created and established, and the President, by and with the advice and
consent of the Senate, is authorized and directed to appoint such
officer. The Attorney General shall provide him with a suitable,
furnished office in the city of Washington, and with such books of
record and facilities for the discharge of the duties of his office as
may be necessary.
(Mar. 3, 1891, ch. 551, 7, 26 Stat. 1085; Mar. 2, 1895, ch. 177,
1, 28 Stat. 780; Apr. 28, 1904, No. 34, 33 Stat. 591; Mar. 4, 1913,
ch. 141, 3, 37 Stat. 737; Feb. 5, 1917, ch. 29, 23, 39 Stat. 892;
Mar. 3, 1917, ch. 163, 1, 39 Stat. 1118; Mar. 28, 1922, ch. 117, title
II, 42 Stat. 486; Jan. 5, 1923, ch. 24, title II, 42 Stat. 1127; Ex.
Ord. No. 6166, 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June
14, 1940, 5 F.R. 2223, 54 Stat. 1238; June 27, 1952, ch. 477, title
IV, 403(a)(4), 66 Stat. 279.)
Section was formerly classified to section 342b of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1952 -- Act June 27, 1952, struck out second and fourth sentences
relating to duties of commissioner and appointment of an assistant
commissioner.
Functions vested by law in Attorney General, Department of Justice,
or any other officer or any agency of that Department, with respect to
inspection at regular inspection locations at ports of entry of persons,
and documents of persons, entering or leaving United States, were to
have been transferred to Secretary of the Treasury by 1973 Reorg. Plan
No. 2, 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out
in the Appendix to Title 5, Government Organization and employees. The
transfer was negated by section 1(a)(1), (b) of Pub. L. 93-253, Mar.
16, 1974, 88 Stat. 50, which repealed section 2 of 1973 Reorg. Plan
No. 2, eff. July 1, 1973.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by 1950 Reorg. Plan No.
2, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in
the Appendix to Title 5. See sections 509 and 510 of Title 28,
Judiciary and Judicial Procedure.
Ex. Ord. No. 6166, 14, June 10, 1933, set out as a note under
section 901 of Title 5, Government Organization and Employees,
consolidated the two formerly separate bureaus known as the Bureau of
Immigration and the Bureau of Naturalization to form the Immigration and
Naturalization Service under a Commissioner of Immigration and
Naturalization, which was subsequently transferred from the Department
of Labor to the Department of Justice by 1940 Reorg. Plan No. V, eff.
June 14, 1940, 5 F.R. 2223, 54 Stat. 1238, set out in the Appendix to
Title 5. See note set out under section 1551 of this title.
08 USC 1553. Assistant Commissioners and one District Director;
compensation and salary grade
TITLE 8 -- ALIENS AND NATIONALITY
The compensation of the five assistant commissioners and one district
director shall be at the rate of grade GS-16.
(June 20, 1956, ch. 414, title II, 201, 70 Stat. 307.)
Section was formerly classified to section 342b-1 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Similar provisions were contained in act July 7, 1955, ch. 279,
title II, 201, 69 Stat. 272.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
08 USC 1554. Special immigrant inspectors at Washington
TITLE 8 -- ALIENS AND NATIONALITY
Special immigrant inspectors, not to exceed three, may be detailed
for duty in the service at Washington.
(Mar. 2, 1895, ch. 177, 1, 28 Stat. 780; Ex. Ord. No. 6166, 14,
June 10, 1933.)
Ex. Ord. No. 6166, is authority for the substitution of ''service''
for ''bureau.'' See note set out under section 1551 of this title.
Section was formerly classified to section 342g of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Thereafter, it was classified to section 111 of this title prior to its
transfer to this section.
Functions vested by law in Attorney General, Department of Justice,
or any other officer or any agency of that Department, with respect to
inspection at regular inspection locations at ports of entry of persons,
and documents of persons, entering or leaving United States, were to
have been transferred to Secretary of the Treasury by 1973 Reorg. Plan
No. 2, 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out
in the Appendix to Title 5, Government Organization and Employees. The
transfer was negated by section 1(a)(1), (b) of Pub. L. 93-253, Mar.
16, 1974, 88 Stat. 50, which repealed section 2 of 1973 Reorg. Plan
No. 2, eff. July 1, 1973.
08 USC 1555. Immigration Service expenses
TITLE 8 -- ALIENS AND NATIONALITY
Appropriations now or hereafter provided for the Immigration and
Naturalization Service shall be available for payment of (a) hire of
privately owned horses for use on official business, under contract with
officers or employees of the Service; (b) pay of interpreters and
translators who are not citizens of the United States; (c) distribution
of citizenship textbooks to aliens without cost to such aliens; (d)
payment of allowances (at such rate as may be specified from time to
time in the appropriation Act involved) to aliens, while held in custody
under the immigration laws, for work performed; and (e) when so
specified in the appropriation concerned, expenses of unforeseen
emergencies of a confidential character, to be expended under the
direction of the Attorney General, who shall make a certificate of the
amount of any such expenditure as he may think it advisable not to
specify, and every such certificate shall be deemed a sufficient voucher
for the sum therein expressed to have been expended.
(July 28, 1950, ch. 503, 6, 64 Stat. 380.)
Section was formerly classified to section 341d of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
08 USC 1556. Transferred
TITLE 8 -- ALIENS AND NATIONALITY
Section transferred to section 1353d of this title.
08 USC 1557. Prevention of transportation in foreign commerce of alien
women and girls under international agreement; Commissioner designated
as authority to receive and preserve information
TITLE 8 -- ALIENS AND NATIONALITY
For the purpose of regulating and preventing the transportation in
foreign commerce of alien women and girls for purposes of prostitution
and debauchery, and in pursuance of and for the purpose of carrying out
the terms of the agreement or project of arrangement for the suppression
of the whiteslave traffic, adopted July 25, 1902, for submission to
their respective governments by the delegates of various powers
represented at the Paris Conference and confirmed by a formal agreement
signed at Paris on May 18, 1904, and adhered to by the United States on
June 6, 1908, as shown by the proclamation of the President of the
United States dated June 15, 1908, the Commissioner of Immigration and
Naturalization is designated as the authority of the United States to
receive and centralize information concerning the procuration of alien
women and girls with a view to their debauchery, and to exercise
supervision over such alien women and girls, receive their declarations,
establish their identity, and ascertain from them who induced them to
leave their native countries, respectively; and it shall be the duty of
said Commissioner of Immigration and Naturalization to receive and keep
on file in his office the statements and declarations which may be made
by such alien women and girls, and those which are hereinafter required
pertaining to such alien women and girls engaged in prostitution or
debauchery in this country, and to furnish receipts for such statements
and declarations provided for in this Act to the persons, respectively,
making and filing them.
(June 25, 1910, ch. 395, 6, 36 Stat. 826; Ex. Ord. No. 6166, 14,
June 10, 1933.)
This Act, referred to in text, is act June 25, 1910, ch. 395, 36
Stat. 825, known as the White Slave Traffic Act, which was classified
to this section and to sections 397 to 404 of former Title 18, Criminal
Code and Criminal Procedure. The act, except for the provision set out
as this section, was repealed by act June 25, 1948, ch. 645, 62 Stat.
683, section 1 of which enacted Title 18, Crimes and Criminal Procedure.
See sections 2421 et seq. of Title 18.
Section was originally classified to section 402(1) of Title 18 prior
to the general revision and enactment of Title 18, Crimes and Criminal
Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. Thereafter,
it was classified to section 342l of Title 5 prior to enactment of Title
5, Government Organization and Employees, by Pub. L. 89-554, 1, Sept.
6, 1966, 80 Stat. 378, and was subsequently classified to section 238
of this title prior to transfer to this section.
Functions vested by law in Attorney General, Department of Justice,
or any other officer or any agency of that Department, with respect to
inspection at regular inspection locations at ports of entry of persons,
and documents of persons, entering or leaving United States, were to
have been transferred to Secretary of the Treasury by 1973 Reorg. Plan
No. 2, 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out
in the Appendix to Title 5, Government Organization and Employees. The
transfer was negated by section 1(a)(1), (b) of Pub. L. 93-253, Mar.
16, 1974, 88 Stat. 50, which repealed section 2 of 1973 Reorg. Plan
No. 2, eff. July 1, 1973.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by 1950 Reorg. Plan No.
2, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in
the Appendix to Title 5. See sections 509 and 510 of Title 28,
Judiciary and Judicial Procedure.
Ex. Ord. No. 6166, 14, June 10, 1933, set out as a note under
section 901 of Title 5, Government Organization and Employees,
consolidated the two formerly separate bureaus known as the Bureau of
Immigration and the Bureau of Naturalization to form the Immigration and
Naturalization Service under a Commissioner of Immigration and
Naturalization. See note set out under section 1551 of this title.
09 USC TITLE 9 -- ARBITRATION
09 USC
TITLE 9 -- ARBITRATION
09 USC TITLE 9 -- ARBITRATION
TITLE 9 -- ARBITRATION
1, 61 Stat. 669
Chap. Sec.
1. General provisions 1
2. Convention on the Recognition and Enforcement of Foreign Arbitral
Awards 201
3. Inter-American Convention on International Commercial Arbitration
301
1990 -- Pub. L. 101-369, 2, Aug. 15, 1990, 104 Stat. 450, added
item for chapter 3.
1970 -- Pub. L. 91-368, 2, July 31, 1970, 84 Stat. 693, added
analysis of chapters.
This title has been made positive law by section 1 of act July 30,
1947, ch. 392, 61 Stat. 669, which provided in part that: ''title 9
of the United States Code, entitled 'Arbitration', is codified and
enacted into positive law and may be cited as '9 U.S.C., -- ' ''.
Section 2 of act July 30, 1947, ch. 392, 61 Stat. 674, provided
that the sections or parts thereof of the Statutes at Large covering
provisions codified in this Act, insofar as such provisions appeared in
former title 9 were repealed and provided that any rights or liabilities
now existing under such repealed sections or parts thereof shall not be
affected by such repeal.
Application of Rules, see rule 81, Title 28, Appendix, Judiciary and
Judicial Procedure.
Arbitration of disputes between carriers and employees, see sections
157 to 159 of Title 45, Railroads.
Convention on the Settlement of Investment Disputes, nonapplication
of title to enforcement of arbitration awards under the Convention, see
section 1650a of Title 22, Foreign Relations and Intercourse.
416a; title 28 section 651; title 29 section 1401;
title 35 sections 135, 294.
09 USC CHAPTER 1 -- GENERAL PROVISIONS
TITLE 9 -- ARBITRATION
Sec.
1. ''Maritime transactions'' and ''commerce'' defined; exceptions
to operation of title.
2. Validity, irrevocability, and enforcement of agreements to
arbitrate.
3. Stay of proceedings where issue therein referable to arbitration.
4. Failure to arbitrate under agreement; petition to United States
court having jurisdiction for order to compel arbitration; notice and
service thereof; hearing and determination.
5. Appointment of arbitrators or umpire.
6. Application heard as motion.
7. Witnesses before arbitrators; fees; compelling attendance.
8. Proceedings begun by libel in admiralty and seizure of vessel or
property.
9. Award of arbitrators; confirmation; jurisdiction; procedure.
10. Same; vacation; grounds; rehearing.
11. Same; modification or correction; grounds; order.
12. Notice of motions to vacate or modify; service; stay of
proceedings.
13. Papers filed with order on motions; judgment; docketing;
force and effect; enforcement.
14. Contracts not affected.
15. Inapplicability of the Act of State doctrine.
16. Appeals.
1990 -- Pub. L. 101-650, title III, 325(a)(2), Dec. 1, 1990, 104
Stat. 5120, added item 15 ''Inapplicability of the Act of State
doctrine'' and redesignated former item 15 ''Appeals'' as 16.
1988 -- Pub. L. 100-702, title X, 1019(b), Nov. 19, 1988, 102
Stat. 4671, added item 15 relating to appeals.
1970 -- Pub. L. 91-368, 3, July 31, 1970, 84 Stat. 693, designated
existing sections 1 through 14 as ''Chapter 1'' and added heading for
Chapter 1.
09 USC 1. ''Maritime transactions'' and ''commerce'' defined;
exceptions to operation of title
TITLE 9 -- ARBITRATION
''Maritime transactions'', as herein defined, means charter parties,
bills of lading of water carriers, agreements relating to wharfage,
supplies furnished vessels or repairs to vessels, collisions, or any
other matters in foreign commerce which, if the subject of controversy,
would be embraced within admiralty jurisdiction; ''commerce'', as
herein defined, means commerce among the several States or with foreign
nations, or in any Territory of the United States or in the District of
Columbia, or between any such Territory and another, or between any such
Territory and any State or foreign nation, or between the District of
Columbia and any State or Territory or foreign nation, but nothing
herein contained shall apply to contracts of employment of seamen,
railroad employees, or any other class of workers engaged in foreign or
interstate commerce.
(July 30, 1947, ch. 392, 61 Stat. 670.)
Act Feb. 12, 1925, ch. 213, 1, 43 Stat. 883.
09 USC 2. Validity, irrevocability, and enforcement of agreements to
arbitrate
TITLE 9 -- ARBITRATION
A written provision in any maritime transaction or a contract
evidencing a transaction involving commerce to settle by arbitration a
controversy thereafter arising out of such contract or transaction, or
the refusal to perform the whole or any part thereof, or an agreement in
writing to submit to arbitration an existing controversy arising out of
such a contract, transaction, or refusal, shall be valid, irrevocable,
and enforceable, save upon such grounds as exist at law or in equity for
the revocation of any contract.
(July 30, 1947, ch. 392, 61 Stat. 670.)
Act Feb. 12, 1925, ch. 213, 2, 43 Stat. 883.
09 USC 3. Stay of proceedings where issue therein referable to
arbitration
TITLE 9 -- ARBITRATION
If any suit or proceeding be brought in any of the courts of the
United States upon any issue referable to arbitration under an agreement
in writing for such arbitration, the court in which such suit is
pending, upon being satisfied that the issue involved in such suit or
proceeding is referable to arbitration under such an agreement, shall on
application of one of the parties stay the trial of the action until
such arbitration has been had in accordance with the terms of the
agreement, providing the applicant for the stay is not in default in
proceeding with such arbitration.
(July 30, 1947, ch. 392, 61 Stat. 670.)
Act Feb. 12, 1925, ch. 213, 3, 43 Stat. 883.
09 USC 4. Failure to arbitrate under agreement; petition to United
States court having jurisdiction for order to compel arbitration;
notice and service thereof; hearing and determination
TITLE 9 -- ARBITRATION
A party aggrieved by the alleged failure, neglect, or refusal of
another to arbitrate under a written agreement for arbitration may
petition any United States district court which, save for such
agreement, would have jurisdiction under title 28, in a civil action or
in admiralty of the subject matter of a suit arising out of the
controversy between the parties, for an order directing that such
arbitration proceed in the manner provided for in such agreement. Five
days' notice in writing of such application shall be served upon the
party in default. Service thereof shall be made in the manner provided
by the Federal Rules of Civil Procedure. The court shall hear the
parties, and upon being satisfied that the making of the agreement for
arbitration or the failure to comply therewith is not in issue, the
court shall make an order directing the parties to proceed to
arbitration in accordance with the terms of the agreement. The hearing
and proceedings, under such agreement, shall be within the district in
which the petition for an order directing such arbitration is filed. If
the making of the arbitration agreement or the failure, neglect, or
refusal to perform the same be in issue, the court shall proceed
summarily to the trial thereof. If no jury trial be demanded by the
party alleged to be in default, or if the matter in dispute is within
admiralty jurisdiction, the court shall hear and determine such issue.
Where such an issue is raised, the party alleged to be in default may,
except in cases of admiralty, on or before the return day of the notice
of application, demand a jury trial of such issue, and upon such demand
the court shall make an order referring the issue or issues to a jury in
the manner provided by the Federal Rules of Civil Procedure, or may
specially call a jury for that purpose. If the jury find that no
agreement in writing for arbitration was made or that there is no
default in proceeding thereunder, the proceeding shall be dismissed. If
the jury find that an agreement for arbitration was made in writing and
that there is a default in proceeding thereunder, the court shall make
an order summarily directing the parties to proceed with the arbitration
in accordance with the terms thereof.
(July 30, 1947, ch. 392, 61 Stat. 671; Sept. 3, 1954, ch. 1263, 19,
68 Stat. 1233.)
Act Feb. 12, 1925, ch. 213, 4, 43 Stat. 883.
Federal Rules of Civil Procedure, referred to in text, are set out in
Appendix to Title 28, Judiciary and Judicial Procedure.
1954 -- Act Sept. 3, 1954, brought section into conformity with
present terms and practice.
Process, see rule 4, Title 28, Appendix, Judiciary and Judicial
Procedure.
Service and filing of pleadings and other papers, see rule 5, Title
28, Appendix.
Trials --
Jury trial of right, see rule 38, Title 28, Appendix.
Trial by jury or by the court, see rule 39, Title 28, Appendix.
09 USC 5. Appointment of arbitrators or umpire
TITLE 9 -- ARBITRATION
If in the agreement provision be made for a method of naming or
appointing an arbitrator or arbitrators or an umpire, such method shall
be followed; but if no method be provided therein, or if a method be
provided and any party thereto shall fail to avail himself of such
method, or if for any other reason there shall be a lapse in the naming
of an arbitrator or arbitrators or umpire, or in filling a vacancy, then
upon the application of either party to the controversy the court shall
designate and appoint an arbitrator or arbitrators or umpire, as the
case may require, who shall act under the said agreement with the same
force and effect as if he or they had been specifically named therein;
and unless otherwise provided in the agreement the arbitration shall be
by a single arbitrator.
(July 30, 1947, ch. 392, 61 Stat. 671.)
Act Feb. 12, 1925, ch. 213, 5, 43 Stat. 884.
09 USC 6. Application heard as motion
TITLE 9 -- ARBITRATION
Any application to the court hereunder shall be made and heard in the
manner provided by law for the making and hearing of motions, except as
otherwise herein expressly provided.
(July 30, 1947, ch. 392, 61 Stat. 671.)
Act Feb. 12, 1925, ch. 213, 6, 43 Stat. 884.
09 USC 7. Witnesses before arbitrators; fees; compelling attendance
TITLE 9 -- ARBITRATION
The arbitrators selected either as prescribed in this title or
otherwise, or a majority of them, may summon in writing any person to
attend before them or any of them as a witness and in a proper case to
bring with him or them any book, record, document, or paper which may be
deemed material as evidence in the case. The fees for such attendance
shall be the same as the fees of witnesses before masters of the United
States courts. Said summons shall issue in the name of the arbitrator
or arbitrators, or a majority of them, and shall be signed by the
arbitrators, or a majority of them, and shall be directed to the said
person and shall be served in the same manner as subpoenas to appear and
testify before the court; if any person or persons so summoned to
testify shall refuse or neglect to obey said summons, upon petition the
United States district court for the district in which such arbitrators,
or a majority of them, are sitting may compel the attendance of such
person or persons before said arbitrator or arbitrators, or punish said
person or persons for contempt in the same manner provided by law for
securing the attendance of witnesses or their punishment for neglect or
refusal to attend in the courts of the United States.
(July 30, 1947, ch. 392, 61 Stat. 672; Oct. 31, 1951, ch. 655, 14,
65 Stat. 715.)
Act Feb. 12, 1925, ch. 213, 7, 43 Stat. 884.
1951 -- Act Oct. 31, 1951, substituted ''United States district
court for'' for ''United States court in and for'', and ''by law for''
for ''on February 12, 1925, for''.
Subpoena, see rule 45, Title 28, Appendix, Judiciary and Judicial
Procedure.
09 USC 8. Proceedings begun by libel in admiralty and seizure of
vessel or property
TITLE 9 -- ARBITRATION
If the basis of jurisdiction be a cause of action otherwise
justiciable in admiralty, then, notwithstanding anything herein to the
contrary, the party claiming to be aggrieved may begin his proceeding
hereunder by libel and seizure of the vessel or other property of the
other party according to the usual course of admiralty proceedings, and
the court shall then have jurisdiction to direct the parties to proceed
with the arbitration and shall retain jurisdiction to enter its decree
upon the award.
(July 30, 1947, ch. 392, 61 Stat. 672.)
Act Feb. 12, 1925, ch. 213, 8, 43 Stat 884.
Admiralty and maritime rules of practice (which included libel
procedures) were superseded, and civil and admiralty procedures in
United States district courts were unified, effective July 1, 1966, see
rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims,
Title 28, Appendix, Judiciary and Judicial Procedure.
Power of Supreme Court to prescribe rules of procedure and evidence
for cases in United States district courts and courts of appeals, see
section 2072 of Title 28, Judiciary and Judicial Procedure.
09 USC 9. Award of arbitrators; confirmation; jurisdiction;
procedure
TITLE 9 -- ARBITRATION
If the parties in their agreement have agreed that a judgment of the
court shall be entered upon the award made pursuant to the arbitration,
and shall specify the court, then at any time within one year after the
award is made any party to the arbitration may apply to the court so
specified for an order confirming the award, and thereupon the court
must grant such an order unless the award is vacated, modified, or
corrected as prescribed in sections 10 and 11 of this title. If no
court is specified in the agreement of the parties, then such
application may be made to the United States court in and for the
district within which such award was made. Notice of the application
shall be served upon the adverse party, and thereupon the court shall
have jurisdiction of such party as though he had appeared generally in
the proceeding. If the adverse party is a resident of the district
within which the award was made, such service shall be made upon the
adverse party or his attorney as prescribed by law for service of notice
of motion in an action in the same court. If the adverse party shall be
a nonresident, then the notice of the application shall be served by the
marshal of any district within which the adverse party may be found in
like manner as other process of the court.
(July 30, 1947, ch. 392, 61 Stat. 672.)
Act Feb. 12, 1925, ch. 213, 9, 43 Stat. 885.
title 41 section 607.
09 USC 10. Same; vacation; grounds; rehearing
TITLE 9 -- ARBITRATION
(a) In any of the following cases the United States court in and for
the district wherein the award was made may make an order vacating the
award upon the application of any party to the arbitration --
(1) Where the award was procured by corruption, fraud, or undue
means.
(2) Where there was evident partiality or corruption in the
arbitrators, or either of them.
(3) Where the arbitrators were guilty of misconduct in refusing to
postpone the hearing, upon sufficient cause shown, or in refusing to
hear evidence pertinent and material to the controversy; or of any
other misbehavior by which the rights of any party have been prejudiced.
(4) Where the arbitrators exceeded their powers, or so imperfectly
executed them that a mutual, final, and definite award upon the subject
matter submitted was not made.
(5) Where an award is vacated and the time within which the agreement
required the award to be made has not expired the court may, in its
discretion, direct a rehearing by the arbitrators.
(b) The United States district court for the district wherein an
award was made that was issued pursuant to section 580 of title 5 may
make an order vacating the award upon the application of a person, other
than a party to the arbitration, who is adversely affected or aggrieved
by the award, if the use of arbitration or the award is clearly
inconsistent with the factors set forth in section 572 of title 5.
(July 30, 1947, ch. 392, 61 Stat. 672; Nov. 15, 1990, Pub. L.
101-552, 5, 104 Stat. 2745; Aug. 26, 1992, Pub. L. 102-354, 5(b)(4),
106 Stat. 946.)
For termination of amendment by section 11 of Pub. L. 101-552, see
Termination Date of 1990 Amendment; Savings Provision note below.
Act Feb. 12, 1925, ch. 213, 10, 43 Stat. 885.
1992 -- Subsec. (b). Pub. L. 102-354 substituted ''section 580'' for
''section 590'' and ''section 572'' for ''section 582''.
1990 -- Pub. L. 101-552 temporarily designated existing provisions
as subsec. (a), in introductory provisions substituted ''In any'' for
''In either'', redesignated former subsecs. (a) to (e) as pars. (1) to
(5), respectively, and added subsec. (b). See Termination Date of 1990
Amendment; Savings Provision note below.
For termination of amendments by Pub. L. 101-552 and authority to
use dispute resolution proceedings on Oct. 1, 1995, except with respect
to certain pending proceedings, see section 11 of Pub. L. 101-552, set
out as a Termination Date; Savings Provision note under section 571 of
Title 5, Government Organization and Employees.
09 USC 11. Same; modification or correction; grounds; order
TITLE 9 -- ARBITRATION
In either of the following cases the United States court in and for
the district wherein the award was made may make an order modifying or
correcting the award upon the application of any party to the
arbitration --
(a) Where there was an evident material miscalculation of figures or
an evident material mistake in the description of any person, thing, or
property referred to in the award.
(b) Where the arbitrators have awarded upon a matter not submitted to
them, unless it is a matter not affecting the merits of the decision
upon the matter submitted.
(c) Where the award is imperfect in matter of form not affecting the
merits of the controversy.
The order may modify and correct the award, so as to effect the
intent thereof and promote justice between the parties.
(July 30, 1947, ch. 392, 61 Stat. 673.)
Act Feb. 12, 1925, ch. 213, 11, 43 Stat. 885.
09 USC 12. Notice of motions to vacate or modify; service; stay of
proceedings
TITLE 9 -- ARBITRATION
Notice of a motion to vacate, modify, or correct an award must be
served upon the adverse party or his attorney within three months after
the award is filed or delivered. If the adverse party is a resident of
the district within which the award was made, such service shall be made
upon the adverse party or his attorney as prescribed by law for service
of notice of motion in an action in the same court. If the adverse
party shall be a nonresident then the notice of the application shall be
served by the marshal of any district within which the adverse party may
be found in like manner as other process of the court. For the purposes
of the motion any judge who might make an order to stay the proceedings
in an action brought in the same court may make an order, to be served
with the notice of motion, staying the proceedings of the adverse party
to enforce the award.
(July 30, 1947, ch. 392, 61 Stat. 673.)
Act Feb. 12, 1925, ch. 213, 12, 43 Stat. 885.
Service and filing of pleadings and other papers, see rule 5, Title
28, Appendix, Judiciary and Judicial Procedure.
title 41 section 607.
09 USC 13. Papers filed with order on motions; judgment; docketing;
force and effect; enforcement
TITLE 9 -- ARBITRATION
The party moving for an order confirming, modifying, or correcting an
award shall, at the time such order is filed with the clerk for the
entry of judgment thereon, also file the following papers with the
clerk:
(a) The agreement; the selection or appointment, if any, of an
additional arbitrator or umpire; and each written extension of the
time, if any, within which to make the award.
(b) The award.
(c) Each notice, affidavit, or other paper used upon an application
to confirm, modify, or correct the award, and a copy of each order of
the court upon such an application.
The judgment shall be docketed as if it was rendered in an action.
The judgment so entered shall have the same force and effect, in all
respects, as, and be subject to all the provisions of law relating to, a
judgment in an action; and it may be enforced as if it had been
rendered in an action in the court in which it is entered.
(July 30, 1947, ch. 392, 61 Stat. 673.)
Act Feb. 12, 1925, ch. 213, 13, 43 Stat. 886.
Books and records kept by district court clerks and entries therein,
see rule 79, Title 28, Appendix, Judiciary and Judicial Procedure.
Entry of judgment, see rule 58, Title 28, Appendix.
title 41 section 607.
09 USC 14. Contracts not affected
TITLE 9 -- ARBITRATION
This title shall not apply to contracts made prior to January 1,
1926.
(July 30, 1947, ch. 392, 61 Stat. 674.)
Act Feb. 12, 1925, ch. 213, 15, 43 Stat. 886.
Act Feb. 12, 1925, ch. 213, 14, 43 Stat. 886, former provisions
of section 14 of this title relating to ''short title'' is not now
covered.
09 USC 15. Inapplicability of the Act of State doctrine
TITLE 9 -- ARBITRATION
Enforcement of arbitral agreements, confirmation of arbitral awards,
and execution upon judgments based on orders confirming such awards
shall not be refused on the basis of the Act of State doctrine.
(Added Pub. L. 100-669, 1, Nov. 16, 1988, 102 Stat. 3969.)
Another section 15 of this title was renumbered section 16 of this
title.
09 USC 16. Appeals
TITLE 9 -- ARBITRATION
(a) An appeal may be taken from --
(1) an order --
(A) refusing a stay of any action under section 3 of this title,
(B) denying a petition under section 4 of this title to order
arbitration to proceed,
(C) denying an application under section 206 of this title to compel
arbitration,
(D) confirming or denying confirmation of an award or partial award,
or
(E) modifying, correcting, or vacating an award;
(2) an interlocutory order granting, continuing, or modifying an
injunction against an arbitration that is subject to this title; or
(3) a final decision with respect to an arbitration that is subject
to this title.
(b) Except as otherwise provided in section 1292(b) of title 28, an
appeal may not be taken from an interlocutory order --
(1) granting a stay of any action under section 3 of this title;
(2) directing arbitration to proceed under section 4 of this title;
(3) compelling arbitration under section 206 of this title; or
(4) refusing to enjoin an arbitration that is subject to this title.
(Added Pub. L. 100-702, title X, 1019(a), Nov. 19, 1988, 102 Stat.
4670, 15; renumbered 16, Pub. L. 101-650, title III, 325(a)(1), Dec.
1, 1990, 104 Stat. 5120.)
1990 -- Pub. L. 101-650 renumbered the second section 15 of this
title as this section.
09 USC CHAPTER 2 -- CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF
FOREIGN ARBITRAL AWARDS
TITLE 9 -- ARBITRATION
Sec.
201. Enforcement of Convention
202. Agreement or award falling under the Convention.
203. Jurisdiction; amount in controversy.
204. Venue.
205. Removal of cases from State courts.
206. Order to compel arbitration; appointment of arbitrators.
207. Award of arbitrators; confirmation; jurisdiction;
proceeding.
208. Chapter 1; residual application.
1970 -- Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 692, added
heading for chapter 2 and analysis of sections for such chapter.
09 USC 201. Enforcement of Convention
TITLE 9 -- ARBITRATION
The Convention on the Recognition and Enforcement of Foreign Arbitral
Awards of June 10, 1958, shall be enforced in United States courts in
accordance with this chapter.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 692.)
Section 4 of Pub. L. 91-368 provided that: ''This Act (enacting
this chapter) shall be effective upon the entry into force of the
Convention on Recognition and Enforcement of Foreign Arbitral Awards
with respect to the United States.'' The Convention was entered into
force for the United States on Dec. 29, 1970.
09 USC 202. Agreement or award falling under the Convention
TITLE 9 -- ARBITRATION
An arbitration agreement or arbitral award arising out of a legal
relationship, whether contractual or not, which is considered as
commercial, including a transaction, contract, or agreement described in
section 2 of this title, falls under the Convention. An agreement or
award arising out of such a relationship which is entirely between
citizens of the United States shall be deemed not to fall under the
Convention unless that relationship involves property located abroad,
envisages performance or enforcement abroad, or has some other
reasonable relation with one or more foreign states. For the purpose of
this section a corporation is a citizen of the United States if it is
incorporated or has its principal place of business in the United
States.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 692.)
09 USC 203. Jurisdiction; amount in controversy
TITLE 9 -- ARBITRATION
An action or proceeding falling under the Convention shall be deemed
to arise under the laws and treaties of the United States. The district
courts of the United States (including the courts enumerated in section
460 of title 28) shall have original jurisdiction over such an action or
proceeding, regardless of the amount in controversy.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 692.)
09 USC 204. Venue
TITLE 9 -- ARBITRATION
An action or proceeding over which the district courts have
jurisdiction pursuant to section 203 of this title may be brought in any
such court in which save for the arbitration agreement an action or
proceeding with respect to the controversy between the parties could be
brought, or in such court for the district and division which embraces
the place designated in the agreement as the place of arbitration if
such place is within the United States.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 692.)
09 USC 205. Removal of cases from State courts
TITLE 9 -- ARBITRATION
Where the subject matter of an action or proceeding pending in a
State court relates to an arbitration agreement or award falling under
the Convention, the defendant or the defendants may, at any time before
the trial thereof, remove such action or proceeding to the district
court of the United States for the district and division embracing the
place where the action or proceeding is pending. The procedure for
removal of causes otherwise provided by law shall apply, except that the
ground for removal provided in this section need not appear on the face
of the complaint but may be shown in the petition for removal. For the
purposes of Chapter 1 of this title any action or proceeding removed
under this section shall be deemed to have been brought in the district
court to which it is removed.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 692.)
09 USC 206. Order to compel arbitration; appointment of arbitrators
TITLE 9 -- ARBITRATION
A court having jurisdiction under this chapter may direct that
arbitration be held in accordance with the agreement at any place
therein provided for, whether that place is within or without the United
States. Such court may also appoint arbitrators in accordance with the
provisions of the agreement.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 693.)
09 USC 207. Award of arbitrators; confirmation; jurisdiction;
proceeding
TITLE 9 -- ARBITRATION
Within three years after an arbitral award falling under the
Convention is made, any party to the arbitration may apply to any court
having jurisdiction under this chapter for an order confirming the award
as against any other party to the arbitration. The court shall confirm
the award unless it finds one of the grounds for refusal or deferral of
recognition or enforcement of the award specified in the said
Convention.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 693.)
09 USC 208. Chapter 1; residual application
TITLE 9 -- ARBITRATION
Chapter 1 applies to actions and proceedings brought under this
chapter to the extent that chapter is not in conflict with this chapter
or the Convention as ratified by the United States.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 693.)
09 USC CHAPTER 3 -- INTER-AMERICAN CONVENTION ON INTERNATIONAL
COMMERCIAL ARBITRATION
TITLE 9 -- ARBITRATION
Sec.
301. Enforcement of Convention.
302. Incorporation by reference.
303. Order to compel arbitration; appointment of arbitrators;
locale.
304. Recognition and enforcement of foreign arbitral decisions and
awards; reciprocity.
305. Relationship between the Inter-American Convention and the
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
of June 10, 1958.
306. Applicable rules of Inter-American Commercial Arbitration
Commission.
307. Chapter 1; residual application.
09 USC 301. Enforcement of Convention
TITLE 9 -- ARBITRATION
The Inter-American Convention on International Commercial Arbitration
of January 30, 1975, shall be enforced in United States courts in
accordance with this chapter.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 448.)
Section 3 of Pub. L. 101-369 provided that: ''This Act (enacting
this chapter) shall take effect upon the entry into force of the
Inter-American Convention on International Commercial Arbitration of
January 30, 1975, with respect to the United States.'' The Convention
was entered into force for the United States on Oct. 27, 1990.
09 USC 302. Incorporation by reference
TITLE 9 -- ARBITRATION
Sections 202, 203, 204, 205, and 207 of this title shall apply to
this chapter as if specifically set forth herein, except that for the
purposes of this chapter ''the Convention'' shall mean the
Inter-American Convention.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 448.)
09 USC 303. Order to compel arbitration; appointment of arbitrators;
locale
TITLE 9 -- ARBITRATION
(a) A court having jurisdiction under this chapter may direct that
arbitration be held in accordance with the agreement at any place
therein provided for, whether that place is within or without the United
States. The court may also appoint arbitrators in accordance with the
provisions of the agreement.
(b) In the event the agreement does not make provision for the place
of arbitration or the appointment of arbitrators, the court shall direct
that the arbitration shall be held and the arbitrators be appointed in
accordance with Article 3 of the Inter-American Convention.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 448.)
09 USC 304. Recognition and enforcement of foreign arbitral decisions
and awards; reciprocity
TITLE 9 -- ARBITRATION
Arbitral decisions or awards made in the territory of a foreign State
shall, on the basis of reciprocity, be recognized and enforced under
this chapter only if that State has ratified or acceded to the
Inter-American Convention.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 449.)
09 USC 305. Relationship between the Inter-American Convention and the
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
of June 10, 1958
TITLE 9 -- ARBITRATION
When the requirements for application of both the Inter-American
Convention and the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards of June 10, 1958, are met, determination as to
which Convention applies shall, unless otherwise expressly agreed, be
made as follows:
(1) If a majority of the parties to the arbitration agreement are
citizens of a State or States that have ratified or acceded to the
Inter-American Convention and are member States of the Organization of
American States, the Inter-American Convention shall apply.
(2) In all other cases the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards of June 10, 1958, shall apply.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 449.)
09 USC 306. Applicable rules of Inter-American Commercial Arbitration
Commission
TITLE 9 -- ARBITRATION
(a) For the purposes of this chapter the rules of procedure of the
Inter-American Commercial Arbitration Commission referred to in Article
3 of the Inter-American Convention shall, subject to subsection (b) of
this section, be those rules as promulgated by the Commission on July 1,
1988.
(b) In the event the rules of procedure of the Inter-American
Commercial Arbitration Commission are modified or amended in accordance
with the procedures for amendment of the rules of that Commission, the
Secretary of State, by regulation in accordance with section 553 of
title 5, consistent with the aims and purposes of this Convention, may
prescribe that such modifications or amendments shall be effective for
purposes of this chapter.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 449.)
09 USC 307. Chapter 1; residual application
TITLE 9 -- ARBITRATION
Chapter 1 applies to actions and proceedings brought under this
chapter to the extent chapter 1 is not in conflict with this chapter or
the Inter-American Convention as ratified by the United States.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 449.)
10 USC TITLE 10 -- ARMED FORCES
10 USC
TITLE 10 -- ARMED FORCES
10 USC TITLE 10 -- ARMED FORCES
TITLE 10 -- ARMED FORCES
1, 70A Stat. 1
Subtitle Sec.
A. General Military Law 101
B. Army 3001
C. Navy and Marine Corps 5001
D. Air Force 8001
This title has been enacted into positive law by section 1 of act
Aug. 10, 1956, ch. 1041, 70A Stat. 1, which provided in part that:
''Title 10 of the United States Code, entitled 'Armed Forces', is
revised, codified, and enacted into law, and may be cited as 'Title 10,
United States Code, -- .'''
Section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641, repealed
the sections or parts of sections of the Revised Statutes or Statutes at
large covering provisions codified in this act, ''except with respect to
rights and duties that matured, penalties that were incurred, and
proceedings that were begun, before the effective date of this act (Aug.
10, 1956) and except as provided in section 49.''
Section 49 of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, provided
that:
''(a) In sections 1-48 of this Act (see Tables for classification),
it is the legislative purpose to restate, without substantive change,
the law replaced by those sections on the effective date of this Act
(Aug. 10, 1956). However, laws effective after March 31, 1955, that are
inconsistent with this Act shall be considered as superseding it to the
extent of the inconsistency.
''(b) References that other laws, regulations, and orders make to the
replaced law shall be considered to be made to the corresponding
provisions of sections 1-48.
''(c) Actions taken and offenses committed under the replaced law
shall be considered to have been taken or committed under the
corresponding provisions of sections 1-48.
''(d) If a part of this Act is invalid, all valid parts that are
severable from the invalid part remain in effect. If a part of this Act
is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid
applications.
''(e) In chapter 47 of title 10, United States Code, enacted by
section 1 of this Act, no inference of a legislative construction is to
be drawn from the part in which any article is placed nor from the
catchlines of the part or the article as set out in that chapter.
''(f) The enactment of this Act does not increase or decrease the pay
or allowances, including retired pay and retainer pay, of any person.
''(g) The enactment of this Act does not affect the status of persons
who, on the effective date of this Act (Aug. 10, 1956), have the status
of warrant officers of the Army Mine Planter Service.''
Section 51 of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, provided
that chapter 47 of this title takes effect January 1, 1957.
Section 50 of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, provided
that: ''If on the effective date of this Act (Aug. 10, 1956) a
provision of law that is restated in this Act and repealed by section 53
would have been in a suspended or temporarily superseded status but for
its repeal, the provisions of this Act that restate that provision have
the same suspended or temporarily superseded status.''
Legislative Purpose; Repeal of Inconsistent
Provisions; Corresponding Provisions; Savings and
Separability Provisions; Status; Repeals
Section 34 of Pub. L. 85-861 provided that:
''(a) In sections 1-32 of this Act (see Tables for classification),
it is the legislative purpose to restate, without substantive change,
the law replaced by those sections on the effective date of this Act
(Sept. 2, 1958). However, laws effective after December 31, 1957, that
are inconsistent with this Act shall be considered as superseding it to
the extent of the inconsistency.
''(b) References that other laws, regulations, and orders make to the
replaced law shall be considered to be made to the corresponding
provisions of sections 1-32.
''(c) Actions taken under the replaced law shall be considered to
have been taken under the corresponding provisions of sections 1-32.
''(d) If a part of this Act is invalid, all valid parts that are
severable from the invalid part remain in effect. If a part of this Act
is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid
applications.
''(e) The enactment of this Act does not increase or decrease the pay
or allowances, including retired and retainer pay, of any person.''
Section 35 of Pub. L. 85-861 provided that: ''If on the effective
date of this Act (Sept. 2, 1958) a provision of law that is restated in
this Act and repealed by section 36 would have been in a suspended or
temporarily superseded status but for its repeal, the provisions of this
Act that restate that provision have the same suspended or temporarily
superseded status.''
Section 36 of Pub. L. 85-861 repealed certain laws except with
respect to rights and duties that matured, penalties that were incurred,
and proceedings that were begun, before Sept. 2, 1958.
Inconsistent Provisions Superseded; Corresponding
Provisions
Section 306 of Pub. L. 87-651 provided that:
''(a) Laws becoming effective after January 9, 1962, that are
inconsistent with this Act (enacting sections 124 to 126, 131 to 137,
687, 718, 1168, 1580, 2203 to 2211, 2358, 2634, 2679, 2680, 2681, 2734a,
2734b, 3010 and 8010 of this title, amending sections 141, 280, 674,
802, 1006, 1163, 1201 to 1203, 1211, 1218, 1219, 1334, 1405, 1553, 1554,
2276, 2633, 2672, 2674, 3012, 3034, 3853, 4337, 4621, 5011, 5031, 5081,
5082, 5201, 6033, 6148, 6954, 7230, 8012, 8034, 8352, 8991, 9337 and
9621 of this title, and section 454 of Title 50, War and National
Defense, repealing sections 1220, 4023, 4748, 6157, 9023 and 9748 of
this title, sections 171, 171a, 171a-1, 171c, 171c-2, 171d, 171m-1, 171n
(partial), 171z-1, 172, 172b 172h and 174d of former Title 5, section
471a of Title 14, Coast Guard, sections 224i-2 to 224i-5 of former Title
31, and section 1016 of Title 50, and enacting provisions set out as
notes under this section and sections 125, 687, 1334 and 5034 of this
title) shall be considered as superseding it to the extent of the
inconsistency.
''(b) References made by other laws, regulations and orders to the
laws shall be considered to be made to the corresponding provisions of
this Act.
''(c) Actions taken under the replaced law shall be considered to
have been taken under the corresponding provisions of this Act.
''(d) The enactment of this Act, except section 108 (amending section
1334 of this title), does not increase or decrease the pay or
allowances, including retired and retainer pay, of any person.''
Inconsistent Provisions Superseded; Corresponding
Provisions
Section 74 of Pub. L. 89-718 provided that:
''(a) Laws becoming effective after June 1, 1965, that are
inconsistent with this Act shall be considered as superseding it to the
extent of the inconsistency.
''(b) References made by other laws, regulations, and orders to the
laws restated by this Act shall be considered to be made to the
corresponding provisions of this Act.
''(c) Actions taken under the laws restated by this Act shall be
considered to have been taken under the corresponding provisions of this
Act.''
Legislative Purpose; Repeal of Inconsistent
Provisions; Corresponding Provisions; Savings and
Separability of Provisions
Pub. L. 97-295, 5, Oct. 12, 1982, 96 Stat. 1313, provided that:
''(a) Sections 1-4 of this Act (see Tables for classification)
restate, without substantive change, laws enacted before December 2,
1981, that were replaced by those sections. Those sections may not be
construed as making a substantive change in the laws replaced. Laws
enacted after December 1, 1981, that are inconsistent with this Act
supersede this Act to the extent of the inconsistency.
''(b) A reference to a law replaced by sections 1-4 of this Act,
including a reference in a regulation, order, or other law, is deemed to
refer to the corresponding provision enacted by this Act.
''(c) An order, rule, or regulation in effect under a law replaced by
sections 1-4 of this Act continues in effect under the corresponding
provision enacted by this Act until repealed, amended, or superseded.
''(d) An action taken or an offense committed under a law replaced by
sections 1-4 of this Act is deemed to have been taken or committed under
the corresponding provision enacted by this Act.
''(e) An inference of a legislative construction is not to be drawn
by reason of the location in the United States Code of a provision
enacted by this Act or by reason of the caption or catchline of the
provision.
''(f) If a provision enacted by this Act is held invalid, all valid
provisions that are severable from the invalid provision remain in
effect. If a provision of this Act is held invalid in any of its
applications, the provision remains valid for all valid applications
that are severable from any of the invalid applications.''
Section 6(a) of Pub. L. 97-295 provided that: ''The repeal of a law
by this Act may not be construed as a legislative inference that the
provision was or was not in effect before its repeal.''
Section 6(b) of Pub. L. 97-295 repealed certain sections or parts of
sections of the Statutes at Large, except for rights and duties that
matured, penalties that were incurred, and proceedings that were begun
before Oct. 12, 1982.
Corresponding Provisions; Savings Provision
Pub. L. 100-370, 4, July 19, 1988, 102 Stat. 856, provided that:
''(a) References to Replaced Laws. -- A reference to a law replaced
by the provisions of title 10, United States Code, enacted by this Act
(see Tables for classification) (including a reference in a regulation,
order, or other law) shall be treated as referring to the corresponding
provision enacted by this Act.
''(b) Savings Provision for Regulations. -- A regulation, rule, or
order in effect under a law replaced by the provisions of title 10,
United States Code, enacted by this Act shall continue in effect under
the corresponding provision enacted by this Act until repealed, amended,
or superseded.
''(c) General Savings Provision. -- An action taken or an offense
committed under a law replaced by the provisions of title 10, United
States Code, enacted by this Act shall be treated as having been taken
or committed under the corresponding provision enacted by this Act.''
Corresponding Provisions; Savings Provision
Pub. L. 101-510, div. A, title XIV, 1481(k), Nov. 5, 1990, 104
Stat. 1709, provided that:
''(1) A reference to a law replaced by the provisions of title 10,
United States Code, enacted by this section (enacting sections 129b,
1056, 2245, 2549, 2550, 2678, and 2732 of this title, amending sections
114, 1584, 1593, 2701, 2734, 2734a, and 2734b of this title, enacting
provisions set out as a note under section 1056 of this title, and
repealing provisions set out as notes under sections 113, 114, 1584,
1593, 2241, and 2701 of this title) (including a reference in a
regulation, order, or other law) shall be treated as referring to the
corresponding provision enacted by this section.
''(2) A regulation, rule, or order in effect under a law replaced by
the provisions of title 10, United States Code, enacted by this section
shall continue in effect under the corresponding provision enacted by
this title until repealed, amended, or superseded.
''(3) An action taken or an offense committed under a law replaced by
the provisions of title 10, United States Code, enacted by this section
shall be treated as having been taken or committed under the
corresponding provision enacted by this title.''
Coast Guard, generally, see Title 14, Coast Guard.
National Guard, generally, see Title 32, National Guard.
Patriotic societies and observances, see section 1 et seq. of Title
36, Patriotic Societies and Observances.
Pay and allowances of the uniformed services, see section 101 et seq.
of Title 37, Pay and Allowances of the Uniformed Services.
President of the United States --
Commander in Chief, see Const. Art. 2, 2, cl. 1.
Delegation of functions, see section 301 et seq., of Title 3, The
President.
Veterans' benefits, see section 101 et seq. of Title 38, Veterans'
Benefits.
10 USC Subtitle A -- General Military Law
TITLE 10 -- ARMED FORCES
10 USC PART I -- ORGANIZATION AND GENERAL MILITARY POWERS
TITLE 10 -- ARMED FORCES
Chap. Sec.
1. Definitions 101
2. Department of Defense 111
3. General Powers and Functions 121
4. Office of the Secretary of Defense 131
5. Joint Chiefs of Staff 151
6. Combatant Commands 161
7. Boards, Councils, and Committees 171
8. Defense Agencies and Department of Defense Field Activities 191
9. Defense Budget Matters 221
11. Reserve Components 261
13. The Militia 311
15. Insurrection 331
17. Arming of American Vessels 351
18. Military Support for Civilian Law Enforcement Agencies 371
20. Humanitarian and Other Assistance 401
21. Department of Defense Intelligence Matters 421
10 USC PART II -- PERSONNEL
TITLE 10 -- ARMED FORCES
31. Enlistments 501
32. Officer Strength and Distribution in Grade 521
33. Original Appointments of Regular Officers in Grades Above
Warrant Officer Grades 531
33A. Appointment, Promotion, and Involuntary Separation and
Retirement for Members on the Warrant Officer Active-Duty List 571
34. Appointments as Reserve Officers 591
35. Temporary Appointments in Officer Grades 601
36. Promotion, Separation, and Involuntary Retirement of Officers on
the Active-Duty List 611
37. General Service Requirements 651
38. Joint Officer Management 661
39. Active Duty 671
40. Leave 701
41. Special Appointments, Assignments, Details, and Duties 711
43. Rank and Command 741
45. The Uniform 771
47. Uniform Code of Military Justice 801
48. Military Correctional Facilities 951
49. Miscellaneous Prohibitions and Penalties 971
51. Reserve Components: Standards and Procedures for Retention and
Promotion 1001
53. Miscellaneous Rights and Benefits 1031
54. Commissary and Exchange Benefits 1061
55. Medical and Dental Care 1071
57. Decorations and Awards 1121
58. Benefits and Services for Members Being Separated or Recently
Separated 1141
59. Separation 1161
60. Separation of Regular Officers for Substandard Performance of
Duty or for Certain Other Reasons 1181
61. Retirement or Separation for Physical Disability 1201
63. Retirement for Age 1251
65. Retirement of Warrant Officers for Length of Service 1293
67. Retired Pay for Non-Regular Service 1331
69. Retired Grade 1370
71. Computation of Retired Pay 1401
73. Annuities Based on Retired or Retainer Pay 1431
74. Department of Defense Military Retirement Fund 1461
75. Death Benefits 1475
77. Posthumous Commissions and Warrants 1521
79. Correction of Military Records 1551
(80. lRepealed.)
81. Civilian Employees 1581
83. Defense Intelligence Agency Civilian Personnel 1601
85. Procurement Management Personnel 1621
87. Defense Acquisition Workforce 1701
89. Volunteers Investing in Peace and Security 1801
10 USC PART III -- TRAINING AND EDUCATION
TITLE 10 -- ARMED FORCES
101. Training Generally 2001
102. Junior Reserve Officers' Training Corps 2031
103. Senior Reserve Officers' Training Corps 2101
104. Uniformed Services University of the Health Sciences 2112
105. Armed Forces Health Professions Financial Assistance Programs
2120
106. Educational Assistance for Members of the Selected Reserve 2131
107. Educational Assistance for Persons Enlisting for Active Duty
2141
108. Department of Defense Schools 2161
109. Educational Loan Repayment Programs 2171
110. Educational Assistance for Members Held as Captives and Their
Dependents 2181
111. Support of Science, Mathematics, and Engineering Education 2191
10 USC PART IV -- SERVICE, SUPPLY, AND PROCUREMENT
TITLE 10 -- ARMED FORCES
131. Planning and Coordination 2201
133. Facilities for Reserve Components 2231
134. Miscellaneous Administrative Provisions 2241
135. Encouragement of Aviation 2271
137. Procurement Generally 2301
138. Cooperative Agreements with NATO Allies and Other Countries
2341
139. Research and Development 2351
141. Miscellaneous Procurement Provisions 2381
142. Procurement Technical Assistance Cooperative Agreement Program
2411
143. Production by Military Agencies 2421
144. Major Defense Acquisition Programs 2430
145. Cataloging and Standardization 2451
146. Contracting for Performance of Civilian Commercial or
Industrial Type Functions 2461
147. Utilities and Services 2481
148. National Defense Technology and Industrial Base, Defense
Reinvestment, and Defense Conversion 2491
(149. lRepealed.)
(150. lRepealed.)
152. Issue of Supplies, Services, and Facilities 2540
153. Exchange of Material and Disposal of Obsolete, Surplus, or
Unclaimed Property 2571
155. Acceptance of Gifts and Services 2601
157. Transportation 2631
159. Real Property; Related Personal Property; and Lease of
Non-Excess Property 2661
160. Environmental Restoration 2701
161. Property Records and Report of Theft or Loss of Certain
Property 2721
163. Military Claims 2731
165. Accountability and Responsibility 2771
167. Defense Mapping Agency 2791
169. Military Construction and Military Family Housing 2801
171. Security and Control of Supplies 2891
172. Strategic Environmental Research and Development Program 2901
Pub. L. 102-190, div. A, title X, 1061(a)(26)(C)(ii), Dec. 5,
1991, 105 Stat. 1474, provided that, effective Oct. 1, 1993, this
analysis is amended by striking out the item for chapter 85.
1992 -- Pub. L. 102-484, div. A, title XIII, 1322(a)(2), div. D,
title XLII, 4271(b)(1), Oct. 23, 1992, 106 Stat. 2553, 2695, added
items for chapters 89 and 148 and struck out former items for chapters
148 ''Defense Industrial Base'', 149 ''Manufacturing Technology'', and
150 ''Development of Dual-Use Critical Technologies''.
1991 -- Pub. L. 102-190, div. A, title VIII, 821(f), title X,
1002(a)(2), 1061(a)(27)(A), title XI, 1112(b)(2), Dec. 5, 1991, 105
Stat. 1432, 1455, 1474, 1501, substituted ''Defense Budget Matters''
for ''Regular Components'' and inserted ''221'' in item for chapter 9,
substituted ''Original Appointments of Regular Officers in Grades Above
Warrant Officer Grades'' for ''Appointments in Regular Components'' in
item for chapter 33, added item for chapter 33A, substituted
''Manufacturing'' for ''Maufacturing'' in item for chapter 149, added
items for chapters 150 and 152, struck out item for former chapter 150
''Issue to Armed Forces'' and struck out item for former chapter 151
''Issue of Serviceable Material Other Than to Armed Forces''.
Pub. L. 102-25, title VII, 701(e)(1), (2), Apr. 6, 1991, 105 Stat.
114, added item for chapter 85 and in item for chapter 108 inserted
''2161''.
1990 -- Pub. L. 101-510, div. A, title II, 247(a)(2)(B), title V,
502(a)(2), title VIII, 823(b)(1), title IX, 911(b)(3), title XII,
1202(b), title XVIII, 1801(a)(2), Nov. 5, 1990, 104 Stat. 1523, 1557,
1602, 1626, 1656, 1757, added item for chapter 58, struck out item for
chapter 85 ''Procurement Management Personnel'', added item for chapter
87, substituted ''Department of Defense Schools'' for ''Granting of
Advanced Degrees at Department of Defense Schools'' in item for chapter
108, substituted ''Support of Science, Mathematics, and Engineering
Education'' for ''National Defense Science and Engineering Graduate
Fellowships'' in item for chapter 111, added item for chapter 149 and
redesignated former item for chapter 149 as item for chapter 150, and
added item for chapter 172.
1989 -- Pub. L. 101-189, div. A, title VIII, 843(d)(2), title IX,
931(e)(2), title XVI, 1622(d)(2), Nov. 29, 1989, 103 Stat. 1517,
1535, 1605, substituted ''Training and Education'' for ''Training'' in
item for part III, added item for chapter 111, and substituted
''Cooperative Agreements'' for ''Acquisition and Cross-Servicing
Agreements'' in item for chapter 138.
1988 -- Pub. L. 100-456, div. A, title III, 342(a)(2), 344(b)(2),
title VIII, 821(b)(2), title XI, 1104(b), Sept. 29, 1988, 102 Stat.
1961, 1962, 2016, 2046, substituted ''Support for'' for ''Cooperation
With'' and ''Agencies'' for ''Officials'' in item for chapter 18,
substituted ''Defense Industrial Base'' for ''Buy American
Requirements'' in item for chapter 148, substituted ''Property Records
and Report of Theft or Loss of Certain Property'' for ''Property
Records'' in item for chapter 161, and added item for chapter 171.
Pub. L. 100-370, 1(c)(3), (e)(2), 2(a)(2), 3(a)(2), July 19, 1988,
102 Stat. 841, 845, 854, 855, added items for chapters 54, 134, 146,
and 148.
1987 -- Pub. L. 100-180, div. A, title III, 332(c), title VII,
711(b), Dec. 4, 1987, 101 Stat. 1080, 1111, substituted ''Humanitarian
and Other Assistance'' for ''Humanitarian and Civic Assistance Provided
in Conjunction With Military Operations'' in item for chapter 20 and
''Financial Assistance Programs'' for ''Scholarship Program'' in item
for chapter 105.
Pub. L. 100-26, 7(c)(1), 9(b)(4), Apr. 21, 1987, 101 Stat. 280,
287, added item for chapter 21, substituted ''Acquisition and
Cross-Servicing Agreements with NATO Allies and Other Countries'' for
''North Atlantic Treaty Organization Acquisition and Cross-Servicing
Agreements'' in item for chapter 138, substituted ''Major Defense
Acquisition Programs'' for ''Oversight of Cost Growth in Major
Programs'' and ''2430'' for ''2431'' in item for chapter 144, and
substituted ''2721'' for ''2701'' in item for chapter 161.
1986 -- Pub. L. 99-661, div. A, title III, 333(a)(2), title XIII,
1343(a)(22), Nov. 14, 1986, 100 Stat. 3859, 3994, added item for
chapter 20 and substituted ''2341'' for ''2321'' in item for chapter
138.
Pub. L. 99-499, title II, 211(a)(2), Oct. 17, 1986, 100 Stat.
1725, added item for chapter 160.
Pub. L. 99-433, title IV, 401(b), title VI, 605, Oct. 1, 1986, 100
Stat. 1030, 1075a, added items for chapters 2, 6, 38, and 144, inserted
''and Functions'' in item for chapter 3, substituted ''Office of the
Secretary of Defense'' for ''Department of Defense'' in item for chapter
4, substituted ''151'' for ''141'' as the section number in the item for
chapter 5, reenacted item for chapter 7 without change, and inserted
''and Department of Defense Field Activities'' in item for chapter 8.
Pub. L. 99-399, title VIII, 806(d)(2), Aug. 27, 1986, 100 Stat.
888, added item for chapter 110.
1985 -- Pub. L. 99-145, title VI, 671(a)(2), title IX, 924(a)(2),
Nov. 8, 1985, 99 Stat. 663, 698, added items for chapters 85 and 109.
1984 -- Pub. L. 98-525, title VII, 705(a)(2), title XII,
1241(a)(2), Oct. 19, 1984, 98 Stat. 2567, 2606, substituted ''Members
of the Selected Reserve'' for ''Enlisted Members of the Selected Reserve
of the Ready Reserve'' in item for chapter 106 and added item for
chapter 142.
1983 -- Pub. L. 98-94, title IX, 925(a)(2), title XII, 1268(15),
Sept. 24, 1983, 97 Stat. 648, 707, added item for chapter 74, and
substituted ''or'' for ''and'' in item for chapter 60.
1982 -- Pub. L. 97-295, 1(50)(D), Oct. 12, 1982, 96 Stat. 1300,
added item for chapter 167.
Pub. L. 97-269, title V, 501(b), Sept. 27, 1982, 96 Stat. 1145,
added item for chapter 8.
Pub. L. 97-214, 2(b), July 12, 1982, 96 Stat. 169, added item for
chapter 169.
1981 -- Pub. L. 97-89, title VII, 701(a)(2), Dec. 4, 1981, 95
Stat. 1160, added item for chapter 83.
Pub. L. 97-86, title IX, 905(a)(2), Dec. 1, 1981, 95 Stat. 1116,
added item for chapter 18.
1980 -- Pub. L. 96-513, title V, 501(1), 511(29), (54)(B), (99),
Dec. 12, 1980, 94 Stat. 2907, 2922, 2925, 2929, added item for chapter
32, substituted ''531'' for ''541'' as section number in item for
chapter 33, substituted ''34'' for ''35'' as chapter number of chapter
relating to appointments as reserve officers, added items for chapters
35 and 36, substituted ''Reserve Components: Standards and Procedures
for Retention and Promotion'' for ''Retention of Reserves'' in item for
chapter 51, added item for chapter 60, substituted ''1251'' for ''1255''
as section number in item for chapter 63, substituted ''Retirement of
Warrant Officers'' for ''Retirement'' in item for chapter 65,
substituted ''1370'' for ''1371'' as section number in item for chapter
69, amended item for chapter 73 to read: ''Annuities Based on Retired
or Retainer Pay'', and capitalized ''Assistance'', ''Persons'',
''Enlisting'', ''Active'', and ''Duty'' in item for chapter 107.
Pub. L. 96-450, title IV, 406(b), Oct. 14, 1980, 94 Stat. 1981,
added item for chapter 108.
Pub. L. 96-342, title IX, 901(b), Sept. 8, 1980, 94 Stat. 1114,
added item for chapter 107.
Pub. L. 96-323, 2(b), Aug. 4, 1980, 94 Stat. 1019, added item for
chapter 138.
1977 -- Pub. L. 95-79, title IV, 402(b), July 30, 1977, 91 Stat.
330, added item for chapter 106.
1972 -- Pub. L. 92-426, 2(b), Sept. 21, 1972, 86 Stat. 719, added
items for chapters 104 and 105.
Pub. L. 92-425, 2, Sept. 21, 1972, 86 Stat. 711, amended item for
chapter 73 by inserting ''; Survivor Benefit Plan'' after ''Pay'' which
could not be executed as directed in view of amendment by Pub. L.
87-381. See 1961 Amendment note below.
1968 -- Pub. L. 90-377, 2, July 5, 1968, 82 Stat. 288, added item
for chapter 48.
1967 -- Pub. L. 90-83, 3(2), Sept. 11, 1967, 81 Stat. 220, struck
out item for chapter 80 ''Exemplary Rehabilitation Certificates''.
1966 -- Pub. L. 89-690, 2, Oct. 15, 1966, 80 Stat. 1017, added
item for chapter 80.
1964 -- Pub. L. 88-647, title I, 101(2), title II, 201(2), Oct.
13, 1964, 78 Stat. 1064, 1069, added items for chapters 102 and 103.
1962 -- Pub. L. 87-651, title II, 203, Sept. 7, 1962, 76 Stat.
519, added item for chapter 4.
Pub. L. 87-649, 3(2), Sept. 7, 1962, 76 Stat. 493, added item for
chapter 40.
1961 -- Pub. L. 87-381, 1(2), Oct. 4, 1961, 75 Stat. 810,
substituted ''Retired Serviceman's Family Protection Plan'' for
''Annuities Based on Retired or Retainer Pay'' in item for chapter 73.
1958 -- Pub. L. 85-861, 1(21), (26), (33), 33(a)(4)(B), Sept. 2,
1958, 72 Stat. 1443, 1450, 1455, 1564, substituted ''General Service
Requirements'' for ''Service Requirements for Reserves'' in item for
chapter 37, ''971'' for ''(No present sections)'' in item for chapter
49, ''Medical and Dental Care'' for ''Voting by Members of Armed
Forces'' in item for chapter 55, and struck out ''Care of the Dead'' and
substituted ''1475'' for ''1481'' in item for chapter 75.
10 USC PART I -- ORGANIZATION AND GENERAL MILITARY POWERS
TITLE 10 -- ARMED FORCES
Chap. Sec.
1.
Definitions 101
2.
Department of Defense 111
3.
General Powers and Functions 121
4.
Office of the Secretary of Defense 131
5.
Joint Chiefs of Staff 151
6.
Combatant Commands 161
7.
Boards, Councils, and Committees 171
8.
Defense Agencies and Department of Defense Field Activities 191
9.
Defense Budget Matters 221
11.
Reserve Components 261
13.
The Militia 311
15.
Insurrection 331
17.
Arming of American Vessels 351
18.
Military Support for Civilian Law Enforcement Agencies 371
20.
Humanitarian and Other Assistance 401
21.
Department of Defense Intelligence Matters 421
1991 -- Pub. L. 102-190, div. A, title X, 1002(a)(2), Dec. 5,
1991, 105 Stat. 1455, substituted ''Defense Budget Matters'' for
''Regular Components'' and inserted ''221'' in item for chapter 9.
1988 -- Pub. L. 100-456, div. A, title XI, 1104(b), Sept. 29,
1988, 102 Stat. 2046, substituted ''Support for'' for ''Cooperation
With'' and ''Agencies'' for ''Officials'' in item for chapter 18.
1987 -- Pub. L. 100-180, div. A, title III, 332(c), Dec. 4, 1987,
101 Stat. 1080, substituted ''Humanitarian and Other Assistance'' for
''Humanitarian and Civic Assistance Provided in Conjunction With
Military Operations'' in item for chapter 20.
Pub. L. 100-26, 9(b)(4), Apr. 21, 1987, 101 Stat. 287, added item
for chapter 21.
1986 -- Pub. L. 99-661, div. A, title III, 333(a)(2), Nov. 14,
1986, 100 Stat. 3859, added item for chapter 20.
Pub. L. 99-433, title VI, 605(a), Oct. 1, 1986, 100 Stat. 1075a,
added items for chapters 2 and 6, inserted ''and Functions'' in item for
chapter 3, substituted ''Office of the Secretary of Defense'' for
''Department of Defense'' in item for chapter 4, substituted ''151'' for
''141'' as section number in item for chapter 5, reenacted item for
chapter 7 without change, and inserted ''and Department of Defense Field
activities'' in item for chapter 8.
1982 -- Pub. L. 97-269, title V, 501(b), Sept. 27, 1982, 96 Stat.
1145, added item for chapter 8.
1981 -- Pub. L. 97-86, title IX, 905(a)(2), Dec. 1, 1981, 95 Stat.
1116, added item for chapter 18.
1962 -- Pub. L. 87-651, title II, 203, Sept. 7, 1962, 76 Stat.
519, added item for chapter 4.
10 USC CHAPTER 1 -- DEFINITIONS
TITLE 10 -- ARMED FORCES
Sec.
101. Definitions.
10 USC 101. Definitions
TITLE 10 -- ARMED FORCES
(a) In General. -- The following definitions apply in this title:
(1) The term ''United States'', in a geographic sense, means the
States and the District of Columbia.
(2) The term ''Territory'' (except as provided in section 101(1) of
title 32 for laws relating to the militia, the National Guard, the Army
National Guard of the United States, and the Air National Guard of the
United States) means any Territory organized after August 10, 1956, so
long as it remains a Territory.
(3) The term ''possessions'' includes the Virgin Islands, Guam,
American Samoa, and the Guano Islands, so long as they remain
possessions, but does not include any Territory or Commonwealth.
(4) The term ''armed forces'' means the Army, Navy, Air Force, Marine
Corps, and Coast Guard.
(5) The term ''uniformed services'' means --
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric
Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term ''department'', when used with respect to a military
department, means the executive part of the department and all field
headquarters, forces, reserve components, installations, activities, and
functions under the control or supervision of the Secretary of the
department. When used with respect to the Department of Defense, such
term means the executive part of the department, including the executive
parts of the military departments, and all field headquarters, forces,
reserve components, installations, activities, and functions under the
control or supervision of the Secretary of Defense, including those of
the military departments.
(7) The term ''executive part of the department'' means the executive
part of the Department of Defense, Department of the Army, Department of
the Navy, or Department of the Air Force, as the case may be, at the
seat of government.
(8) The term ''military departments'' means the Department of the
Army, the Department of the Navy, and the Department of the Air Force.
(9) The term ''Secretary concerned'' means --
(A) the Secretary of the Army, with respect to matters concerning the
Army;
(B) the Secretary of the Navy, with respect to matters concerning the
Navy, the Marine Corps, and the Coast Guard when it is operating as a
service in the Department of the Navy;
(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force; and
(D) the Secretary of Transportation, with respect to matters
concerning the Coast Guard when it is not operating as a service in the
Department of the Navy.
(10) The term ''service acquisition executive'' means the civilian
official within a military department who is designated as the service
acquisition executive for purposes of regulations and procedures
providing for a service acquisition executive for that military
department.
(11) The term ''Defense Agency'' means an organizational entity of
the Department of Defense --
(A) that is established by the Secretary of Defense under section 191
of this title (or under the second sentence of section 125(d) of this
title (as in effect before October 1, 1986)) to perform a supply or
service activity common to more than one military department (other than
such an entity that is designated by the Secretary as a Department of
Defense Field Activity); or
(B) that is designated by the Secretary of Defense as a Defense
Agency.
(12) The term ''Department of Defense Field Activity'' means an
organizational entity of the Department of Defense --
(A) that is established by the Secretary of Defense under section 191
of this title (or under the second sentence of section 125(d) of this
title (as in effect before October 1, 1986)) to perform a supply or
service activity common to more than one military department; and
(B) that is designated by the Secretary of Defense as a Department of
Defense Field Activity.
(13) The term ''contingency operation'' means a military operation
that --
(A) is designated by the Secretary of Defense as an operation in
which members of the armed forces are or may become involved in military
actions, operations, or hostilities against an enemy of the United
States or against an opposing military force; or
(B) results in the call or order to, or retention on, active duty of
members of the uniformed services under section 672(a), 673, 673b, 673c,
688, 3500, or 8500 of this title, chapter 15 of this title, or any other
provision of law during a war or during a national emergency declared by
the President or Congress.
(14) The term ''supplies'' includes material, equipment, and stores
of all kinds.
(15) The term ''pay'' includes basic pay, special pay, retainer pay,
incentive pay, retired pay, and equivalent pay, but does not include
allowances.
(b) Personnel Generally. -- The following definitions relating to
military personnel apply in this title:
(1) The term ''officer'' means a commissioned or warrant officer.
(2) The term ''commissioned officer'' includes a commissioned warrant
officer.
(3) The term ''warrant officer'' means a person who holds a
commission or warrant in a warrant officer grade.
(4) The term ''general officer'' means an officer of the Army, Air
Force, or Marine Corps serving in or having the grade of general,
lieutenant general, major general, or brigadier general.
(5) The term ''flag officer'' means an officer of the Navy or Coast
Guard serving in or having the grade of admiral, vice admiral, rear
admiral, or rear admiral (lower half).
(6) The term ''enlisted member'' means a person in an enlisted grade.
(7) The term ''grade'' means a step or degree, in a graduated scale
of office or military rank, that is established and designated as a
grade by law or regulation.
(8) The term ''rank'' means the order of precedence among members of
the armed forces.
(9) The term ''rating'' means the name (such as ''boatswain's mate'')
prescribed for members of an armed force in an occupational field. The
term ''rate'' means the name (such as ''chief boatswain's mate'')
prescribed for members in the same rating or other category who are in
the same grade (such as chief petty officer or seaman apprentice).
(10) The term ''original'', with respect to the appointment of a
member of the armed forces in a regular or reserve component, refers to
that member's most recent appointment in that component that is neither
a promotion nor a demotion.
(11) The term ''authorized strength'' means the largest number of
members authorized to be in an armed force, a component, a branch, a
grade, or any other category of the armed forces.
(12) The term ''regular'', with respect to an enlistment,
appointment, grade, or office, means enlistment, appointment, grade, or
office in a regular component of an armed force.
(13) The term ''active-duty list'' means a single list for the Army,
Navy, Air Force, or Marine Corps (required to be maintained under
section 620 of this title) which contains the names of all officers of
that armed force, other than officers described in section 641 of this
title, who are serving on active duty.
(14) The term ''medical officer'' means an officer of the Medical
Corps of the Army, an officer of the Medical Corps of the Navy, or an
officer in the Air Force designated as a medical officer.
(15) The term ''dental officer'' means an officer of the Dental Corps
of the Army, an officer of the Dental Corps of the Navy, or an officer
of the Air Force designated as a dental officer.
(c) Reserve Components. -- The following definitions relating to the
reserve components apply in this title:
(1) The term ''National Guard'' means the Army National Guard and the
Air National Guard.
(2) The term ''Army National Guard'' means that part of the organized
militia of the several States and Territories, Puerto Rico, and the
District of Columbia, active and inactive, that --
(A) is a land force;
(B) is trained, and has its officers appointed, under the sixteenth
clause of section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly or partly at Federal
expense; and
(D) is federally recognized.
(3) The term ''Army National Guard of the United States'' means the
reserve component of the Army all of whose members are members of the
Army National Guard.
(4) The term ''Air National Guard'' means that part of the organized
militia of the several States and Territories, Puerto Rico, and the
District of Columbia, active and inactive, that --
(A) is an air force;
(B) is trained, and has its officers appointed, under the sixteenth
clause of section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly or partly at Federal
expense; and
(D) is federally recognized.
(5) The term ''Air National Guard of the United States'' means the
reserve component of the Air Force all of whose members are members of
the Air National Guard.
(6) The term ''reserve'', with respect to an enlistment, appointment,
grade, or office, means enlistment, appointment, grade, or office held
as a Reserve of one of the armed forces.
(d) Duty Status. -- The following definitions relating to duty status
apply in this title:
(1) The term ''active duty'' means full-time duty in the active
military service of the United States. Such term includes full-time
training duty, annual training duty, and attendance, while in the active
military service, at a school designated as a service school by law or
by the Secretary of the military department concerned. Such term does
not include full-time National Guard duty.
(2) The term ''active duty for a period of more than 30 days'' means
active duty under a call or order that does not specify a period of 30
days or less.
(3) The term ''active service'' means service on active duty or
full-time National Guard duty.
(4) The term ''active status'' means the status of a reserve
commissioned officer, other than a commissioned warrant officer, who is
not in the inactive Army National Guard or inactive Air National Guard,
on an inactive status list, or in the Retired Reserve.
(5) The term ''full-time National Guard duty'' means training or
other duty, other than inactive duty, performed by a member of the Army
National Guard of the United States or the Air National Guard of the
United States in the member's status as a member of the National Guard
of a State or territory, the Commonwealth of Puerto Rico, or the
District of Columbia under section 316, 502, 503, 504, or 505 of title
32 for which the member is entitled to pay from the United States or for
which the member has waived pay from the United States.
(6) The term ''inactive-duty training'' means --
(A) duty prescribed for Reserves by the Secretary concerned under
section 206 of title 37 or any other provision of law; and
(B) special additional duties authorized for Reserves by an authority
designated by the Secretary concerned and performed by them on a
voluntary basis in connection with the prescribed training or
maintenance activities of the units to which they are assigned.
Such term includes those duties when performed by Reserves in their
status as members of the National Guard.
(e) Rules of Construction. -- In this title --
(1) ''shall'' is used in an imperative sense;
(2) ''may'' is used in a permissive sense;
(3) ''no person may * * *'' means that no person is required,
authorized, or permitted to do the act prescribed;
(4) ''includes'' means ''includes but is not limited to''; and
(5) ''spouse'' means husband or wife, as the case may be.
(f) Reference to Title 1 Definitions. -- For other definitions
applicable to this title, see sections 1 through 5 of title 1.
(Aug. 10, 1956, ch. 1041, 70A Stat. 3; Sept. 2, 1958, Pub. L.
85-861, 1(1), 33(a)(1), 72 Stat. 1437, 1564; June 25, 1959, Pub. L.
86-70, 6(a), 73 Stat. 142; July 12, 1960, Pub. L. 86-624, 4(a), 74
Stat. 411; Sept. 7, 1962, Pub. L. 87-649, 6(f)(1), 76 Stat. 494; Jan.
2, 1968, Pub. L. 90-235, 7(a)(1), 81 Stat. 762; Oct. 22, 1968, Pub. L.
90-623, 2(1), 82 Stat. 1314; Oct. 13, 1972, Pub. L. 92-492, 1, 86
Stat. 810; Dec. 12, 1980, Pub. L. 96-513, title I, 101, 115(a), title
V, 501(2), 94 Stat. 2839, 2877, 2907; July 10, 1981, Pub. L. 97-22,
2(a), 95 Stat. 124; Dec. 1, 1981, Pub. L. 97-86, title IV, 405(b)(1),
95 Stat. 1105; Oct. 19, 1984, Pub. L. 98-525, title IV, 414(a)(1), 98
Stat. 2518; Nov. 8, 1985, Pub. L. 99-145, title V, 514(b)(1), 99 Stat.
628; July 1, 1986, Pub. L. 99-348, title III, 303, 100 Stat. 703;
Oct. 1, 1986, Pub. L. 99-433, title III, 302, 100 Stat. 1022; Apr. 21,
1987, Pub. L. 100-26, 7(i), (k)(1), 101 Stat. 282, 283; Dec. 4, 1987,
Pub. L. 100-180, div. A, title XII, 1231(1), (20), 1233(a)(2), 101
Stat. 1160, 1161; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII,
1234(a)(1), 102 Stat. 2059; Nov. 5, 1990, Pub. L. 101-510, div. A,
title XII, 1204, 104 Stat. 1658; Dec. 5, 1991, Pub. L. 102-190, div.
A, title VI, 631(a), 105 Stat. 1380; Oct. 23, 1992, Pub. L. 102-484,
div. A, title X, 1051(a), 106 Stat. 2494.)
The definitions in clauses (3), (15), (18)-(21), (23)-(30), and
(31)-(33) reflect the adoption of terminology which, though undefined in
the source statutes restated in this title, represents the closest
practicable approximation of the ways in which the terms defined have
been most commonly used. A choice has been made where established uses
conflict.
In clause (2), the definition of ''Territory'' in 32:4c is executed
throughout this revised title by specific reference, where applicable,
to the Territories, Puerto Rico and the Canal Zone.
In clause (4), the definition of ''armed forces'' is based on the
source statute instead of 50:551(2), which does not include an express
reference to the Marine Corps. The words ''including all components
thereof'' are omitted as surplusage.
In clause (5), the term ''Department'' is defined to give it the
broad sense of ''Establishment'', to conform to the source statute and
the usage preferred by the Department of Defense, instead of the more
limited sense defined by 5:421g(a) and 423a(a), and 10:1a(d) and
1801(d).
In clause (6), the term ''executive part of the department'' is
created for convenience in referring to what is described in the source
statutes for this title as ''department'' in the limited sense of the
executive part at the seat of government. This is required by the
adoption of the word ''department'' in clause (5) to cover the broader
concept of ''establishment''.
In clause (8), the term ''Secretary concerned'' is created and
defined for legislative convenience.
In clause (9), a definition of ''National Guard'' is inserted for
clarity.
In clause (10)(A), the words ''a land force'' are substituted for
32:2 (as applicable to Army National Guard). The National Defense Act
of 1916, 117 (last 66 words), 39 Stat. 212, is not contained in 32:2.
It is also omitted from the revised section as repealed by the Act of
February 28, 1925, ch. 374, 3, 43 Stat. 1081.
In clauses (10) and (11), the word ''Army'' is inserted to
distinguish the organizations defined from their Air Force counterparts.
In clauses (10) and (12), the words ''unless the context or subject
matter otherwise requires'' and ''as provided in this title'', in 32:4b,
are omitted as surplusage.
In clauses (10)(B) and (12)(B), the words ''has its officers
appointed'' are substituted for the word ''officered'', in 32:4b.
In clauses (11) and (13), only that much of the description of the
composition of the Army National Guard of the United States and the Air
National Guard of the United States is used as is necessary to
distinguish these reserve components, respectively, from the other
reserve components.
In clause (12)(A), the words ''an air force'' are substituted for the
words ''for which Federal responsibility has been vested in the
Secretary of the Air Force or the Department of the Air Force pursuant
to law'', in 10:1835, and for 32:2 (as applicable to Air National
Guard), to make the definition of ''Air National Guard'' parallel with
the definition of ''Army National Guard'', and to make explicit the
intent of Congress, in creating the Air National Guard, that the
organized militia henceforth should consist of three mutually exhaustive
classes comprising the Army, Air, and Naval militia.
In clause (14), the definition of ''officer'' is based on the source
statutes instead of 50:551(5), which excludes warrant officers. The
reference to appointment in 10:1a(b) (2d sentence and 10:1801(b) (2d
sentence), and the words ''commissioned warrant officer'', ''flight
officer'', and ''either permanent or temporary'', in 37:231(c) (1st
sentence), are omitted as surplusage. 5:181-3(b) (1st sentence),
10:1a(b) (1st sentence), and 10:1801(b) (1st sentence) are omitted as
covered by the definitions in clauses (14) and (16) of the revised
section and by section 3062(c) and section 8062(d) of this title.
In clause (16), the words ''unless otherwise qualified'', ''permanent
or temporary'', and ''in the Army, Navy, Air Force, Marine Corps, or
Coast Guard, including any component thereof'' are omitted as
surplusage. The word ''person'' is substituted for the word
''officer''.
In clause (22), the definition of ''active duty'' is based on the
definition of ''active Federal service'' in the source statute, since it
is believed to be closer to general usage than the definition in
50:901(b), which excludes active duty for training from the general
concept of active duty.
The words '', other than a commissioned warrant officer,'' are
inserted to reflect 50:1181(1).
(Clause (35).) The word ''original'' is defined to make clear that
when used in relation to an appointment it refers to the member's first
appointment in his current series of appointments and excludes any
appointment made before a lapse in service.
Section 125(d) of this title referred to in subsec. (a)(12)(A), was
repealed by Pub. L. 99-433, title III, 301(b)(1), Oct. 1, 1986, 100
Stat. 1022.
1992 -- Pub. L. 102-484 amended section generally, substituting
subsecs. (a) to (f) for former pars. (1) to (47) which defined terms
for purposes of this title.
1991 -- Par. (47). Pub. L. 102-190 added par. (47).
1990 -- Par. (46). Pub. L. 101-510 added par. (46).
1988 -- Pars. (3), (10), (12). Pub. L. 100-456 struck out ''the
Canal Zone,'' after ''the Virgin Islands,'' in par. (3) and after
''Puerto Rico,'' in pars. (10) and (12).
1987 -- Par. (1). Pub. L. 100-26, 7(k)(1)(A), inserted ''The term''
after par. designation.
Par. (2). Pub. L. 100-26, 7(1)(k)(B), inserted ''the term'' after
''Air National Guard of the United States,''.
Pub. L. 100-180, 1233(a)(2), amended directory language of Pub. L.
100-26, 7(k)(1)(C), by adding par. (2) to those pars. excepted from
direction that initial letter of first word after open quotation marks
in each par. be made lowercase rather than uppercase.
Pars. (3) to (7). Pub. L. 100-26, 7(k)(1)(A), (C), inserted ''The
term'' after par. designation and struck out uppercase letter of first
word after open quotation marks and substituted lowercase letter.
Pars. (8) to (13). Pub. L. 100-26, 7(k)(1)(A), inserted ''The
term'' after par. designation.
Par. (14). Pub. L. 100-180, 1231(1), inserted ''a'' after ''means''.
Pub. L. 100-26, 7(k)(1)(A), (C), inserted ''The term'' after par.
designation and struck out uppercase letter of first word after open
quotation marks and substituted lowercase letter.
Pars. (15) to (19). Pub. L. 100-26, 7(k)(1)(A), (C), inserted ''The
term'' after par. designation and struck out uppercase letter of first
word after open quotation marks and substituted lowercase letter.
Par. (20). Pub. L. 100-180, 1231(20), substituted ''The term 'rate''
for '''Rate'' in second sentence.
Pub. L. 100-26, 7(k)(1)(A), (C), inserted ''The term'' after par.
designation and struck out uppercase letter of first word after open
quotation marks and substituted lowercase letter.
Pars. (21) to (43). Pub. L. 100-26, 7(k)(1)(A), (C), inserted ''The
term'' after par. designation and struck out uppercase letter of first
word after open quotation marks and substituted lowercase letter.
Pars. (44), (45). Pub. L. 100-26, 7(i)(1), (k)(1)(A), inserted
''The term'' after par. designation and substituted ''October 1, 1986''
for ''the date of the enactment of the Goldwater-Nichols Department of
Defense Reorganization Act of 1986''.
1986 -- Par. (43). Pub. L. 99-348 added par. (43).
Pars. (44), (45). Pub. L. 99-433 added pars. (44) and (45).
1985 -- Par. (41). Pub. L. 99-145 substituted ''rear admiral (lower
half)'' for ''commodore''.
1984 -- Par. (22). Pub. L. 98-525, 414(a)(1)(A), inserted ''It does
not include full-time National Guard duty.''
Par. (24). Pub. L. 98-525, 414(a)(1)(B), inserted ''or full-time
National Guard duty''.
Par. (42). Pub. L. 98-525, 414(a)(1)(C), added par. (42).
1981 -- Par. (41). Pub. L. 97-86 substituted ''commodore'' for
''commodore admiral''.
Pub. L. 97-22 inserted ''or Coast Guard'' after ''Navy''.
1980 -- Par. (22). Pub. L. 96-513, 501(2), struck out ''duty on the
active list,'' after ''It includes''.
Par. (36). Pub. L. 96-513, 115(a), struck out par. (36) which
provided that ''dependent'', with respect to a female member of an armed
force, did not include her husband, unless he was in fact dependent on
her for his chief support, or her child, unless his father was dead or
he was in fact dependent on her for his chief support.
Pars. (37) to (41). Pub. L. 96-513, 101, added pars. (37) to (41).
1972 -- Par. (2). Pub. L. 92-492 inserted ''Except as provided in
section 101(1) of title 32 for laws relating to the militia, the
National Guard, the Army National Guard of the United States,'' before
''Territory''.
1968 -- Par. (8)(D). Pub. L. 90-623 substituted ''Secretary of
Transportation'' for ''Secretary of the Treasury''.
Par. 36. Pub. L. 90-235 added par. (36).
1962 -- Par. (31)(A). Pub. L. 87-649 substituted ''section 206 of
title 37'' for ''section 301 of title 37''.
1960 -- Par. (2). Pub. L. 80-624 struck out reference to Hawaii.
1959 -- Par. (2). Pub. L. 80-70 struck out reference to Alaska.
1958 -- Par. (25). Pub. L. 85-861, 1(1), added par. (25).
Par. (35). Pub. L. 85-861, 33(a)(1), added par. (35).
Section 1233(c)((1)) of Pub. L. 100-180 provided that: ''The
amendments made by subsection (a) (amending this section, section 2432
of this title, and section 406b of Title 37, Pay and Allowances of the
Uniformed Services) shall apply as if included in the enactment of the
Defense Technical Corrections Act of 1987 (Public Law 100-26).''
Section 405(f) of Pub. L. 97-86 provided that: ''The amendments
made by this section (amending this section, sections 525, 601, 611,
612, 619, 625, 634, 635, 637, 638, 645, 741, 5138, 5149, 5155, 5442,
5444, 5457, 5501, and 6389 of this title, section 201 of Title 37, Pay
and Allowances of the Uniformed Services, and a provision set out as a
note under section 611 of this title) shall take effect as of September
15, 1981.''
Section 701 of Pub. L. 96-513 provided that:
''(a) Except as provided in subsection (b), this Act and the
amendments made by this Act (see Tables for classification) shall take
effect on September 15, 1981.
''(b)(1) The authority to prescribe regulations under the amendments
made by titles I through IV and under the provisions of title VI shall
take effect on the date of the enactment of this Act (Dec. 12, 1980).
''(2) The amendment made by section 415 (enacting section 302(h) of
Title 37, Pay and Allowances of the Uniformed Services) shall take
effect as of July 1, 1980.
''(3) The amendments made by part B of title V shall take effect on
the date of the enactment of this Act (Dec. 12, 1980).
''(4) Part D of title VI shall take effect on the date of the
enactment of this Act (Dec. 12, 1980).''
Amendment by Pub. L. 90-623 intended to restate without substantive
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L.
90-623, set out as a note under section 5334 of Title 5, Government
Organization and Employees.
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15
of Pub. L. 87-649, set out as an Inconsistent Provisions note preceding
section 101 of Title 37, Pay and Allowances of the Uniformed Services.
Section 33(g) of Pub. L. 85-861 provided that: ''This section
(enacting section 114a of former Title 5, Executive Departments and
Government Officers and Employees, and section 440 of Title 14, Coast
Guard, and amending this section, sections 280, 560, 672, 673, 1217,
1331, 1332, 1333, 1431, 2304, 2451, 2663, 2664, 2732, 3033, 3037, 3066,
3261, 3299, 3355, 3574, 3752, 3914, 4335, 4336, 4342, 4837, 5149, 5785,
5787, 6115, 6150, 6332, 7203, 7434, 8033, 8066, 8257, 8299, 8355, 8448,
8571, 8574, 8752, 8885, 9335, 9336, 9353, 9382, and 9837 of this title,
sections 318, 323, and 710 of Title 32, National Guard, and sections
31a, 38, and 255 of former Title 37, Pay and Allowances) is effective as
of August 10, 1956, for all purposes.''
Pub. L. 102-25, 1, Apr. 6, 1991, 105 Stat. 75, provided that:
''This Act (see Tables for classification) may be cited as the 'Persian
Gulf Conflict Supplemental Authorization and Personnel Benefits Act of
1991'.''
Section 1 of Pub. L. 100-26 provided that: ''This Act (enacting
section 2430 of this title, amending sections 101, 113, 114, 115, 130,
138, 191, 276, 423, 708, 774, 867, 975, 976, 1045, 1051, 1126, 1208,
1403, 1408, 1450, 1451, 1466, 1490, 1587, 1588, 1621, 1623, 2006, 2007,
2031, 2120, 2181, 2208, 2213, 2232, 2233a, 2302, 2304, 2313, 2318, 2319,
2320, 2321, 2322, 2324, 2328, 2343, 2350, 2362, 2364, 2365, 2391, 2394,
2397, 2397a, 2401, 2401a, 2403, 2404, 2432, 2433, 2434, 2435, 2436,
2437, 2438, 2547, 2634, 2664, 2774, 2801, 2806, 2825, 2826, 2828, 2853,
2861, 2862, 3001, 3036, 3723, 5001, 5150, 7420, 7430, 7721, 8062, and
8723 of this title, sections 632, 637, and 644 of Title 15, Commerce and
Trade, section 4703 of Title 20, Education, and sections 101, 301, 301a,
301c, 302a, 303, 305a, 308i, 315, 401, 403, 403a, 404, 406, 408, 409,
411b, 411c, 411d, 501, 551, 558, and 559 of Title 37, Pay and Allowances
of the Uniformed Services, renumbering sections 128, 140a, 140b, 1051,
1095, 2305a, and 2810 of this title as sections 421, 422, 423, 1032,
1095a, 2438, and 2811, respectively, of this title, and renumbering
sections 431 and 1013 of Title 37 as sections 432 and 1014,
respectively, of Title 37, enacting provisions set out as notes under
sections 774, 1466, 2301, 2321, and 2328 of this title, section 632 of
Title 15, and section 404 of Title 37, and amending provisions set out
as notes under sections 1621, 2326, 2431, 2432, 2437, and 3033 of this
title, section 632 of Title 15, and sections 1006 and 1014 of Title 37)
may be cited as the 'Defense Technical Corrections Act of 1987'.''
Section 1(a) of Pub. L. 97-22 provided that: ''this Act (amending
sections 101, 123, 138, 266, 531, 532, 533, 612, 614, 619, 624, 637,
638, 689, 741, 977, 1075, 1079, 1174, 1450, 1451, 1452, 1489, 2002,
2147, 2324, 2328, 2688, 3034, 3064, 3210, 3353, 3962, 5155, 5444, 5455,
5600, 5896, 5897, 5898, 6325, 6403, 7430, 8034, 8353, and 9621 of this
title and sections 308c, 403, 406b, and 415 of Title 37, Pay and
Allowances of the Uniformed Services, repealing section 5455 of this
title, enacting provisions set out as notes under sections 123 and 5752
of this title and sections 403 and 415 of Title 37, amending provisions
set out as a note under section 611 of this title, and repealing
provisions set out as a note under section 8202 of this title) may be
cited as the 'Defense Officer Personnel Management Act Technical
Corrections Act'.''
Section 1(a) of Pub. L. 96-513 provided that: ''This Act (see
Tables for classification) may be cited as the 'Defense Officer
Personnel Management Act'.''
Section 703 of Pub. L. 96-513 provided that: ''Except as otherwise
provided in this Act, the provisions of this Act and the amendments made
by this Act (see Tables for classification) do not affect rights and
duties that matured, penalties that were incurred, and proceedings that
were begun before the effective date of this Act (see Effective Date of
1980 Amendment note under this section).''
Section 702 of Pub. L. 96-513 provided that: ''If a provision of
law that is in a suspended status on the day before the effective date
of this Act (see Effective Date of 1980 Amendment note under this
section) is amended by this Act (see Tables for classification), the
suspended status of that provision is not affected by that amendment.''
Authority vested by this title in ''military departments'', ''the
Secretary concerned'', or ''the Secretary of Defense'' to be exercised,
with respect to Coast and Geodetic Survey (now commissioned officer
corps of National Oceanic and Atmospheric Administration), by Secretary
of Commerce or his designee, see section 857a of Title 33, Navigation
and Navigable Waters.
Authority vested by this title in ''military departments'', ''the
Secretary concerned'', or ''the Secretary of Defense'' to be exercised,
with respect to commissioned officers of Public Health Service, by
Secretary of Health and Human Services or his designee, see section 213a
of Title 42, The Public Health and Welfare.
102-484 With Other Provisions of Pub. L. 102-484
Section 1055 of Pub. L. 102-484 provided that: ''For purposes of
applying the amendments made by provisions of this Act other than
sections 1052, 1053, and 1054 (see Tables for classification), those
sections shall be treated as having been enacted immediately before the
other provisions of this Act.''
Pub. L. 102-25, 3, Apr. 6, 1991, 105 Stat. 77, as amended by Pub.
L. 102-190, div. A, title XII, 1203(a), Dec. 5, 1991, 105 Stat.
1508, provided that: ''For the purposes of this Act (see Short Title of
1991 Amendment note above):
''(1) The term 'Operation Desert Storm' means operations of United
States Armed Forces conducted as a consequence of the invasion of Kuwait
by Iraq (including operations known as Operation Desert Shield,
Operation Desert Storm, and Operation Provide Comfort).
''(2) The term 'incremental costs associated with Operation Desert
Storm' means costs referred to in section 251(b)(2)(D)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(ii)).
''(3) The term 'Persian Gulf conflict' means the period beginning on
August 2, 1990, and ending thereafter on the date prescribed by
Presidential proclamation or by law.
''(4) The term 'congressional defense committees' has the meaning
given that term in section 3 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1498).''
Army, see section 3001 of this title.
Enlistment, Army or Air Force, see sections 3251, 8251 of this title.
Partial mobilization, see section 276 of this title.
title 37 section 101; title 39 section 3401; title
42 sections 5170b, 7235, 12639; title 50 App.
section 592.
10 USC CHAPTER 2 -- DEPARTMENT OF DEFENSE
TITLE 10 -- ARMED FORCES
Sec.
111. Executive department.
112. Department of Defense: seal.
113. Secretary of Defense.
114. Annual authorization of appropriations.
(114a. Renumbered.)
115. Personnel strengths: requirement for annual authorization.
115a. Annual manpower requirements report.
115b. Annual report on National Guard and reserve component
equipment.
116. Annual operations and maintenance report.
(117,118. Repealed.)
119. Special access programs: congressional oversight.
1992 -- Pub. L. 102-484, div. A, title X, 1002(d)(1), Oct. 23,
1992, 106 Stat. 2480, struck out item 114a ''Multiyear Defense Program:
submission to Congress; consistency in budgeting''.
1990 -- Pub. L. 101-510, div. A, title XIV, 1402(a)(3)(B), Nov.
5, 1990, 104 Stat. 1674, which directed amendment of item 114a by
substituting ''Multiyear'' for ''Five-year'', was executed by
substituting ''Multiyear'' for ''Five-Year'' as the probable intent of
Congress.
Pub. L. 101-510, div. A, title XIII, 1331(1), title XIV,
1483(c)(1), Nov. 5, 1990, 104 Stat. 1673, 1715, substituted
''Personnel strengths: requirement for annual authorization'' for
''Annual authorization of personnel strengths; annual manpower
requirements report'' in item 115, added items 115a and 115b, and struck
out items 117 ''Annual report on North Atlantic Treaty Organization
readiness'' and 118 ''Sale or transfer of defense articles: reports to
Congress''.
1989 -- Pub. L. 101-189, div. A, title XVI, 1602(a)(2), Nov. 29,
1989, 103 Stat. 1597, added item 114a.
1987 -- Pub. L. 100-180, div. A, title XI, 1132(a)(2), Dec. 4,
1987, 101 Stat. 1152, added item 119.
1986 -- Pub. L. 99-433, title I, 101(a)(1), Oct. 1, 1986, 100
Stat. 994, added chapter heading and analysis of sections for chapter
2, consisting of items 111 to 118.
10 USC 111. Executive department
TITLE 10 -- ARMED FORCES
(a) The Department of Defense is an executive department of the
United States.
(b) The Department is composed of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Chiefs of Staff.
(3) The Joint Staff.
(4) The Defense Agencies.
(5) Department of Defense Field Activities.
(6) The Department of the Army.
(7) The Department of the Navy.
(8) The Department of the Air Force.
(9) The unified and specified combatant commands.
(10) Such other offices, agencies, activities, and commands as may be
established or designated by law or by the President.
(11) All offices, agencies, activities, and commands under the
control or supervision of any element named in paragraphs (1) through
(10).
(c) If the President establishes or designates an office, agency,
activity, or command in the Department of Defense of a kind other than
those described in paragraphs (1) through (9) of subsection (b), the
President shall notify Congress not later than 60 days thereafter.
(Added Pub. L. 87-651, title II, 202, Sept. 7, 1962, 76 Stat. 517,
131; renumbered 111 and amended Pub. L. 99-433, title I, 101(a)(2),
(b), Oct. 1, 1986, 100 Stat. 994, 995.)
The words ''There is established'', in 5 U.S.C. 171(a), are omitted
as executed. 5 U.S.C. 171(b) (1st 26 words) is omitted as covered by
the definitions of ''department'' and ''military departments'' in
section 101(5) and (7), respectively, of this title. 5 U.S.C. 171(b)
(27th through 49th words) is omitted as executed. 5 U.S.C. 171(b) (last
18 words) is omitted as surplusage.
1986 -- Pub. L. 99-433 renumbered section 131 of this title as this
section, designated existing provisions as subsec. (a), and added
subsecs. (b) and (c).
Section 1(a) of Pub. L. 99-433 provided that: ''This Act (enacting
sections 111 to 118, 127 to 134, 137 to 140, 151 to 155, 161 to 166, 191
to 194, 201, 661 to 668, 2431 to 2434, 3011 to 3016, 3018 to 3021, 3033
to 3035, 3038 to 3040, 5012 to 5024, 5031 to 5037, 5041 to 5045, 5061 to
5063, 5150, 7861 to 7863, 8011 to 8016, 8018 to 8021, 8033 to 8035,
8037, and 8038 of this title and section 404a of Title 50, War and
National Defense, amending sections 101, 111 to 117, 125, 127, 128, 130,
132, 133, 135, 136, 138, 139, 175, 523, 525, 601, 612, 615, 618, 619,
641, 743, 822, 1621, 2305a, 2362, 2403, 2431 to 2434, 3017, 3021, 3031
to 3034, 3038, 3039, 3074, 3081, 5011, 5020, 5023, 5024, 5062, 5589,
6027, 8017, 8021, 8031 to 8034, 8036, 8038, 8062, and 8074 of this
title, sections 2795 and 2795b of Title 22, Foreign Relations and
Intercourse, sections 204 and 406 of Title 37, Pay and Allowances of the
Uniformed Services, and sections 402 and 833 of Title 50, repealing
sections 124, 718, 3013 to 3015, 3039, 5031, 5033, 5034, 5036, 5061,
5063, 5064, 5081 to 5087, 5201 to 5204, and 8013 to 8015 of this title,
enacting provisions set out as notes under sections 111, 113, 131, 153,
154, 161, 162, 164, 166, 191 to 194, 612, 661, 663, 664, 3014, and 3033
of this title, and repealing provisions set out as a note under section
133 of this title) may be cited as the 'Goldwater-Nichols Department of
Defense Reorganization Act of 1986'.''
Pub. L. 101-510, div. A, title XIII, 1321, Nov. 5, 1990, 104 Stat.
1670, provided that:
''(a) Purpose of Part. -- This part (part C ( 1321-1324) of title
XIII of div. A of Pub. L. 101-510, amending sections 113, 2006, 2113,
2307, 2388, 2394a, 2404, 2547, 2675, 2721, 4314, and 6956 of this title,
section 314 of Title 32, National Guard, and sections 301a, 301c, 303a,
306, 308b, 308c, 310, 312b, and 312c of Title 37, Pay and Allowances of
the Uniformed Services, repealing sections 2359, 2455, and 7217 of this
title, enacting provisions set out as notes under this section and
sections 2301 and 2431 of this title, amending provisions set out as a
note under this section, and repealing provisions set out as notes under
sections 2431 and 7291 of this title), with respect to Goldwater-Nichols
terminations described in subsection (b) --
''(1) in section 1322 (amending sections 113, 2006, 2113, 2307, 2388,
2394a, 2404, 2547, 2675, 2721, 4314, and 6956 of this title, section 314
of Title 32, National Guard, and sections 301a, 301c, 303a, 306, 308b,
308c, 310, 312b, and 312c of Title 37, Pay and Allowances of the
Uniformed Services, repealing sections 2359, 2455, and 7217 of this
title, enacting provisions set out as notes under sections 2301 and 2431
of this title, and repealing provisions set out as notes under sections
2431 and 7291 of this title), repeals certain provisions of law
containing terminated report requirements; and
''(2) in section 1323 (set out as a note below), restores the
effectiveness of selected other provisions of law containing such
requirements.
''(b) Description of Goldwater-Nichols Terminations. -- For purposes
of subsection (a), Goldwater-Nichols terminations are those provisions
of law that --
''(1) set forth requirements for reports to Congress; and
''(2) by reason of section 602(c) of the Goldwater-Nichols Department
of Defense Reorganization Act of 1986 (Public Law 99-433; 10 U.S.C. 111
note), are no longer effective.''
Pub. L. 101-510, div. A, title XIII, 1323, Nov. 5, 1990, 104 Stat.
1672, provided that:
''(a) Restoral. -- The effectiveness of the report and notification
provisions named in subsection (b), previously terminated by section
602(c) of the Goldwater-Nichols Department of Defense Reorganization Act
of 1986 (Public Law 99-433; 10 U.S.C. 111 note), is hereby restored.
''(b) Covered Provisions. -- Subsection (a) applies to the following
report and notification provisions set forth in title 10, United States
Code:
''(1) The quarterly report required by section 127(c) of that title,
relating to emergency and extraordinary expenses.
''(2) The notifications required by section 2672a(b) of that title,
relating to urgent acquisitions of interests in land.
''(3) The notifications required by section 7308(c) of that title,
relating to the transfer or gift of obsolete, condemned, or captured
vessels.
''(4) The notifications required by section 7309(b) of that title,
relating to construction or repair of vessels in foreign shipyards.''
Section 3 of Pub. L. 99-433 provided that: ''In enacting this Act
(see Short Title of 1986 Amendment note above), it is the intent of
Congress, consistent with the congressional declaration of policy in
section 2 of the National Security Act of 1947 (50 U.S.C. 401) --
''(1) to reorganize the Department of Defense and strengthen civilian
authority in the Department;
''(2) to improve the military advice provided to the President, the
National Security Council, and the Secretary of Defense;
''(3) to place clear responsibility on the commanders of the unified
and specified combatant commands for the accomplishment of missions
assigned to those commands;
''(4) to ensure that the authority of the commanders of the unified
and specified combatant commands is fully commensurate with the
responsibility of those commanders for the accomplishment of missions
assigned to their commands;
''(5) to increase attention to the formulation of strategy and to
contingency planning;
''(6) to provide for more efficient use of defense resources;
''(7) to improve joint officer management policies; and
''(8) otherwise to enhance the effectiveness of military operations
and improve the management and administration of the Department of
Defense.''
Section 602 of Pub. L. 99-433, as amended by Pub. L. 100-180, div.
A, title XIII, 1314(a)(4), Dec. 4, 1987, 101 Stat. 1175; Pub. L.
101-189, div. A, title II, 243, Nov. 29, 1989, 103 Stat. 1402; Pub.
L. 101-510, div. A, title XIII, 1324, Nov. 5, 1990, 104 Stat. 1673;
Pub. L. 102-83, 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:
''(a) Policy. -- It is the policy of Congress to reduce the
administrative burden placed on the Department of Defense by
requirements for reports, studies, and notifications to be submitted to
Congress through the elimination of outdated, redundant, or otherwise
unnecessary reporting requirements.
''(b) Compilation of Existing Reporting Requirements. -- (1) The
Secretary of Defense shall compile a list of all provisions of law in
effect on the date of the enactment of this Act (Oct. 1, 1986) or
enacted after such date and before February 1, 1987, that require the
President, with respect to national defense functions of the Government,
or any official or employee of the Department of Defense to submit a
report, notification, or study to Congress or any committee of Congress.
The preceding sentence does not apply to a requirement for a report,
notification, or study to be submitted one time.
''(2) The Secretary shall submit to Congress the list compiled under
paragraph (1) not later than six months after the date of the enactment
of this Act (Oct. 1, 1986). The Secretary shall include with such list
(with respect to each report, notification, or study shown on the list)
the following:
''(A) The date the requirement for such report, notification, or
study was first imposed by law and the current legal citation for such
requirement.
''(B) The Secretary's assessment of the continuing utility of such
requirement to Congress and to the executive branch.
''(C) The Secretary's assessment of the administrative burden of such
requirement and how such burden relates to the utility of the report,
notification, or study.
''(D) The Secretary's recommendation as to whether such requirement
should be retained, modified, or repealed.
''(3) The matter submitted under paragraph (2) shall also include --
''(A) any recommendation of the Secretary for consolidation of
different requirements for reports, notifications, and studies; and
''(B) a draft of legislation to implement any changes in law
recommended by the Secretary and to conform statutory provisions to the
elimination of reporting requirements under subsection (c).
''((c) Repealed. Pub. L. 101-510, div. A, title XIII, 1324, Nov. 5,
1990, 104 Stat. 1673.)
''(d) Exceptions. -- Subsection (c) does not apply --
''(1) to a requirement for a report, notification, or study to be
submitted one time;
''(2) to a provision of law enacted on or after the date of the
enactment of this Act (Oct. 1, 1986) (including any provision enacted by
this Act (see Short Title of 1986 Amendment note above)); or
''(3) to a provision of law that requires the submission of the
reports, notifications, and studies described in subsections (e) through
(v).
''(e) Provisions of Title 10. -- The exception provided in subsection
(d)(3) applies to the following reports, notifications, and studies
required by title 10, United States Code:
''(1) The annual report required by section 113(c) of such title (as
redesignated by section 101(a)), relating to the accomplishments of the
Department of Defense.
''(2) The annual report required by section 113(e) of such title (as
redesignated by section 101(a) and amended by section 603), relating to
major military missions and the military force structure of the United
States.
''(3) The annual reports required by section 115 of such title (as
designated and amended by section 110(b)) --
''(A) under subsection (a)(2) of such section, relating to equipment
of the National Guard and reserve components;
''(B) under subsection (b)(3) of such section, relating to military
and civilian personnel end strength levels, certain other manpower
requirements, base structures, and certain requirements for and
information on officers; and
''(C) under subsection (c)(2) of such section, relating to average
student training loads.
''(4) The annual report required by section 116(a) of such title (as
designated and amended by section 110(b)), relating to operations and
maintenance.
''(5) The annual report required by section 117 of such title (as
redesignated by section 101(a)), relating to North Atlantic Treaty
Organization readiness.
''(6) The reports required by section 118 of such title (as
redesignated by section 101(a)), relating to sales or transfers of
certain defense articles.
''(7) The report required by section 125(c) of such title, relating
to the proposed reduction or elimination of a major weapon system.
''(8) The reports required by subsection (b)(5) of section 138 of
such title (as redesignated by section 101(a)) and the annual report
required by subsection (g) of such section, relating to operational test
and evaluation activities.
''(9) Reports required by section 1092(a)(3) of such title, relating
to studies and demonstration projects relating to delivery of health and
medical care.
''(10) The reports required by section 1464(c) of such title,
relating to the status of the Department of Defense Military Retirement
Fund.
''(11) The report required by section 2137 of such title, relating to
the educational assistance program for members of the Selected Reserve
under chapter 106 of such title.
''(12) The annual report required by section 2208(k) of such title,
relating to the condition and operation of working-capital funds.
''(13) The notifications required by section 2233a(a)(1) of such
title, relating to expenditures and contributions for acquisition of
facilities for reserve components.
''(14) The notifications required by section 2304(c)(7) of such
title, relating to the use of procurement procedures other than
competitive procedures.
''(15) The notifications required by section 2306(h)(3) of such
title, relating to cancellation ceilings in certain multiyear contracts.
''(16) The annual report required by section 2313(d)(4) of such
title, relating to subpoenas issued by the Director of the Defense
Contract Audit Agency to obtain contractor records.
''(17) The annual report required by section 2349 of such title,
relating to North Atlantic Treaty Organization acquisition and
cross-servicing agreements.
''(18) The semiannual report required by section 2357 of such title,
relating to contracts in excess of $50,000 entered into by the military
departments for research and development.
''(19) The report required by section 2362(c) of such title, relating
to the testing of wheeled or tracked armored vehicle programs.
''(20) The reports required by section 2391(c) of such title,
relating to miltiary (sic) base reuse studies and community planning
assistance.
''(21) The notifications required by section 2394(b)(2) of such
title, relating to contracts for energy or fuel.
''(22) The annual report required by section 2397(e) of such title,
relating to the names of certain employees and former employees of
defense contractors.
''(23) The notifications required by clauses (B) and (C) of section
2401(b)(1) of such title, the cost analyses required by section
2401(e)(1) of such title, and the reports required by section 2401(e)(2)
of such title, all relating to the long-term lease or charter of vessels
and aircraft by the military departments.
''(24) The notifications required by subsection (e)(1) of section
2403 of such title and the annual report required by subsection (e)(2)
of such section, relating to waivers of certain requirements for
contractor guarantees.
''(25) The notifications required by paragraphs (1) and (2) of
section 2407(d) of such title, relating to certain contracts awarded by
the Department of Defense in connection with North Atlantic Treaty
Organization cooperative agreements.
''(26)(A) The annual and supplemental reports required by section
2431 of such title (as redesignated by section 101(a)), relating to
weapons development and procurement schedules, including the matter
required by section 53(b) of the Arms Export Control Act (22 U.S.C.
2795b(b)) to be included in such annual reports.
''(B) The notifications in lieu of such supplemental reports under
subsection (b) of such section.
''(27) The Selected Acquisition Reports required by section 2432 of
such title (as redesignated by section 101(a)).
''(28) The notifications required by subsection (d)(3) of section
2433 of such title (as redesignated by section 101(a)) and reports
required by subsection (e) of such section, relating to increases in
program acquisition unit costs and procurement unit costs of certain
major defense acquisition programs.
''(29) The annual report required by section 2457(d) of such title,
relating to the policy to standardize equipment, ammunition, and fuel
procured for the use of United States military forces stationed in
Europe under the North Atlantic Treaty.
''(30) The reports required by subsection (a) or (e) of section 2662
of such title and the annual report required by subsection (b) of such
section, relating to certain real property transactions.
''(31) The notifications required by section 2667a(g)(3) of such
title, relating to expenditures in excess of $300,000 from the DOD
Facilities Replacement Management Account.
''(32) The notifications required by section 2672(b) of such title,
relating to acquisitions of interests in land for more than $100,000.
''(33) The notifications required by section 2676(d) of such title,
relating to reductions in scope and increases in cost of a land
acquisition.
''(34)(A) The notifications required by section 2687(b) of such
title, relating to base closures and realignments.
''(B) The certification provided for in section 2687(c) of such
title, relating to a closure or realignment of a military installation
for reasons of national security.
''(35) The annual report required by section 2779(b)(4) of such
title, relating to the use of funds appropriated for the elimination of
certain losses caused by fluctuations in currency exchange rates of
foreign countries.
''(36) The reports required by section 2803(b) of such title,
relating to emergency military construction projects carried out under
section 2803 of such title.
''(37) The reports required by section 2804(b) of such title,
relating to military construction projects not authorized by law.
''(38) The notifications required by paragraphs (2) and (3) of
section 2805(b) of such title, relating to minor construction in
connection with certain relocations of activities from one installation
to another.
''(39) The reports required by section 2806(c)(2) of such title,
relating to contributions for North Atlantic Treaty Organization
Infrastructure.
''(40) The notifications required by subsection (b) of section 2807
of such title and the reports required by subsection (c) of such
section, relating to architectural and engineering services and
construction design in connection with military construction or military
family housing projects.
''(41) The notifications required by section 2808(b) of such title,
relating to military construction projects in the event of a declaration
of war or national emergency.
''(42) The justifications and economic analyses required by section
2809(a)(4) of such title, relating to long-term contracts for the
construction, management, and operation of certain facilities.
''(43) The notifications and justifications required by section
2823(b) of such title, relating to disagreements on the availability of
suitable alternative housing at locations in the United States where
family housing is proposed to be constructed.
''(44) The notifications required by section 2827(b) of such title,
relating to relocation of military family housing units.
''(45) The notifications and reports of economic analyses required by
section 2828 of such title --
''(A) under subsection (b)(3) of such section, relating to domestic
family housing limitations;
''(B) under subsection (f) of such section, relating to the proposed
lease of military family housing in excess of authorized amounts; and
''(C) under subsection (g)(6)(A) of such section, relating to leasing
of military family housing facilities.
''(46) The notifications required by section 2834(b) of such title,
relating to agreements with the Secretary of State for the use of
Department of State housing and related services by Department of
Defense personnel.
''(47) The notifications required by subsections (d) and (e) of
section 2853 of such title, relating to reductions in the scope of work
or increases in the cost of military construction projects.
''(48) The notifications required by section 2854(b) of such title,
relating to repair, restoration, or replacement of damaged or destroyed
military facilities.
''(49) The notifications required by section 2856(b) of such title,
relating to regulations establishing limitations on barracks space.
''(50) The annual report required by section 2861(a) of such title,
relating to military construction activities and military family housing
activities.
''(51) The notifications required by section 7307(b)(2) of such
title, relating to the disposition of naval vessels to foreign nations.
''(52) The quarterly report required by section 7434 of such title,
relating to production from the naval petroleum reserves.
''(f) Provisions of Title 37. -- (1) The exception provided in
subsection (d)(3) applies to the report required by section 406(i) of
title 37, United States Code, relating to dependents accompanying
members of the Armed Forces stationed outside the United States.
''(2) Such section is amended --
''(A) by striking out 'quarter' in the matter preceding clause (1);
and
''(B) by striking out 'quarter' in clauses (1) and (2) and inserting
in lieu thereof 'fiscal year'.
''(g) Public Law 91-121. -- The exception provided in subsection
(d)(3) applies to the following annual report and notifications relating
to chemical or biological warfare agents:
''(1) The annual report required by subsection (a) of section 409 of
Public Law 91-121 (50 U.S.C. 1511).
''(2) The notifications required by subsections (b)(4) and (c)(1) of
such section (50 U.S.C. 1512(4), 1513(1)).
''(h) Public Law 91-441. -- The exception provided in subsection
(d)(3) applies to the following reports:
''(1) The annual report required by section 203(c) of Public Law
91-141 (10 U.S.C. 2358 note), relating to independent research and
development and bid and proposal programs.
''(2) Reports required by section 506(d) of such public law (50
U.S.C. 1518), relating to the disposal of chemical or biological warfare
agents.
''(i) Public Law 93-365. -- The exception provided in subsection
(d)(3) applies to the statements and quarterly report required by
subsections (c) and (e) of section 709 of the Department of Defense
Appropriation Authorization Act, 1975 (50 U.S.C. App. 2403-1((c) and)
(e)), relating to the export of certain goods, technology, and
industrial techniques.
''(j) Public Law 96-342. -- The exception provided in subsection
(d)(3) applies to the notifications, summaries, certifications, and
reports required by subsections (a), (b), and (c) of section 502 of the
Department of Defense Authorization Act, 1981 (10 U.S.C. 2304 note),
relating to conversion of performance of commercial and other type
functions from Department of Defense personnel to private contractors.
''(k) Public Law 98-94. -- The exception provided in subsection
(d)(3) applies to the following:
''(1) The notifications required by section 1201(c) of the Department
of Defense Authorization Act, 1984 (97 Stat. 678) (not classified to the
Code), relating to transfers of amounts of authorizations.
''(2) The reports and assessments required by section 1231 of such
Act (97 Stat. 693) (not classified to the Code), relating to certain
intercontinental ballistic missile systems.
''(3) The reports required by section 1252(d) of such Act (97 Stat.
698) (42 U.S.C. 248d(d)), relating to the cost effectiveness of and the
quality of medical care provided by public health service hospitals.
''(l) Public Law 98-525. -- The exception provided in subsection
(d)(3) applies to the following:
''(1) Reports required by section 105(b)(1) of the Department of
Defense Authorization Act, 1985 (98 Stat. 2503) (not classified to the
Code), relating to government-to-government agreements for acquisition
in connection with certain NATO cooperative programs.
''(2) The reports required by section 307(b)(3) of the Department of
Defense Authorization Act, 1985 (10 U.S.C. 2304 note), relating to
waivers of a prohibition on contracting out certain logistics
activities.
''(3) The annual report required by section 1002(d)(1) of such Act
(22 U.S.C. 1928 note), relating to the supply of munitions and certain
aircraft facilities in support of the North Atlantic Treaty
Organization.
''(4) The annual report required by section 1002(d)(2) of such Act
(22 U.S.C. 1928 note), relating to the status and cost of the United
States commitment to the North Atlantic Treaty Organization and certain
activities of other member nations of the North Atlantic Treaty
Organization.
''(5) The annual reports required by subsections (c) and (d) of
section 1003 of such Act (22 U.S.C. 1928 note), relating to allied
contributions to the common defense.
''(6) The annual report required by section 1102 of such Act (10
U.S.C. 2872 note (10 U.S.C. 2431 note) (formerly 10 U.S.C. 139 note)),
relating to the Strategic Defense Initiative and any other antiballistic
missile defense program.
''(7) The notifications required by section 1501(c) of such Act (98
Stat. 2626) (not classified to the Code), relating to transfers of
amounts of authorizations.
''(8) The notification required by section 1512 of the Department of
Defense Authorization Act, 1985 (98 Stat. 2627) (not classified to the
Code), relating to the use of funds for the B-1B bomber aircraft program
beyond 100 aircraft.
''(9) The reports required by section 1536(g) of such Act (98 Stat.
2633; 46 (App.) U.S.C. 1120 note), relating to the Commission on
Merchant Marine and Defense.
''(m) Public Law 99-145. -- The exception provided in subsection
(d)(3) applies to the following:
''(1) Reports required by section 106(a)(2) of the Department of
Defense Authorization Act, 1986 (99 Stat. 596) (not classified to the
Code), relating to government-to-government agreements for acquisition
in connection with certain NATO cooperative programs.
''(2) The certification required by section 125(a)(1) of the
Department of Defense Authorization Act, 1986 (99 Stat. 601) (not
classified to the Code), relating to any new contract for the
procurement of 5-ton trucks.
''(3) The legislative environmental impact statement required by
section 209(c) of such Act (99 Stat. 610) (not classified to the Code),
relating to full-scale development of a small intercontinental ballistic
missile or the selection of basing areas for the deployment of such
missile.
''(4) The certification required by section 222 of such Act (99 Stat.
613) (10 U.S.C. 2431 note), relating to termination of a prohibition of
deployment of a strategic defense system.
''(5) The reports required by section 223 of such Act (99 Stat. 613)
(not classified to the Code), relating to the Strategic Defense
Initiative.
''(6) The quarterly reports required by section 502(c) of such Act
(99 Stat. 621) (not classified to the Code), relating to the obligation
of funds appropriated for civilian personnel.
''(7) The report required by section 1002 of such Act (99 Stat. 705)
(22 U.S.C. 2592a), relating to Soviet compliance with arms control
commitments.
''(8) The annual report required by section 1221(d)(2) of such Act
(99 Stat. 727) (not classified to the Code), relating to a research
program to support the polygraph activities of the Department of
Defense.
''(9) The annual reports required by section 1407 of such Act (99
Stat. 745) (formerly 10 U.S.C. 113 note), relating to unobligated
balances in appropriation accounts.
''(10)(A) The certifications required by subsections (b) and (c)(2)
of section 1411 of such Act (99 Stat. 745) (not classified to the Code),
relating to the procurement or assembly of binary chemical weapons.
''(B) The report required by subsection (e) of such section (not
classified to the Code), relating to consultations among member nations
of the North Atlantic Treaty Organization concerning the chemical
deterrent posture of the North Atlantic Treaty Organization.
''(11) The annual report required by section 1412(g) of the
Department of Defense Authorization Act, 1986 (99 Stat. 748) (50 U.S.C.
1521(g)), relating to the program for the destruction of the United
States stockpile of lethal chemical agents and munitions.
''(n) Public Law 98-473. -- The exception provided in subsection
(d)(3) applies to the following:
''(1) The notifications required by the proviso in section 8005(m) of
the Department of Defense Appropriations Act, 1985 (as contained in
section 101(h) of Public Law 98-473 (98 Stat. 1923)) (not classified to
the Code), relating to unusual cost overruns incident to overhaul,
maintenance, and repair for certain ships.
''(2) The annual report required by section 8104(b) of such Act (98
Stat. 1942) (10 U.S.C. 2431 note), relating to consultations with
members of common defense alliances concerning Strategic Defense
Initiative research.
''(o) Public Law 99-190. -- The exception provided in subsection
(d)(3) applies to the following:
''(1) The notifications required by section 8020 or 8021 of the
Department of Defense Appropriations Act, 1986 (as contained in section
101(b) of Public Law 99-190 (99 Stat. 1206)) (not classified to the
Code), relating to transfers of working capital funds.
''(2) The notifications required by section 8021 of such Act (99
Stat. 1206) (not classified to the Code), relating to the obligation of
working capital funds to procure war reserve material inventory.
''(3) The notifications required by section 8042 of such Act (99
Stat. 1210) (not classified to the Code), relating to the availability
of appropriated funds for intelligence or special activities different
from activities justified to the Congress.
''(4) The notification required by section 8075 of such Act (99 Stat.
1214) (not classified to the Code), relating to the acquisition of
certain types of weapons, subsystems, and munitions of European North
Atlantic Treaty Organization manufacture.
''(5) The certification required by section 8097 of such Act (99
Stat. 1219) (10 U.S.C. 2431 note), relating to the obligation or
expenditure of funds to carry out a test of the Space Defense System
(anti-satellite weapon) against an object in space.
''(p) Military Construction Authorization Acts. -- (1) The exception
provided in subsection (d)(3) applies to the annual reports required by
section 704 of the Military Construction Authorization Act, 1982 (Public
Law 97-99; 95 Stat. 1377) (not classified to the Code), relating to
contracts for construction in the United States and its possessions.
''(2) The exception provided in subsection (d)(3) applies to the
following:
''(A) The economic analyses required by section 802(d)(1) of the
Military Construction Authorization Act, 1984 (10 U.S.C. 2821 note),
relating to proposed military housing rental guarantee agreements.
''(B) The notifications required by section 803(b)(2) of such Act (10
U.S.C. 2821 note), relating to waivers of a requirement to use
manufactured or factory-built housing fabricated in the United States by
a United States contractor for military family housing construction in
foreign countries.
''(3) The exception provided in subsection (d)(3) applies to the
report required by section 840(d) of the Military Construction
Authorization Act, 1986 (Public Law 99-167; 99 Stat. 998) (not
classified to the Code), relating to the sale of land at Fort Jackson,
South Carolina.
''(q) Military Construction Appropriation Acts. -- The exception
provided in subsection (d)(3) applies to the following:
''(1) The annual report required by the third proviso in the
undesignated paragraph under the heading 'Foreign Currency Fluctuation,
Construction, Defense' in the Military Construction Appropriation Act,
1980 (Public Law 96-130; 93 Stat. 1019) (10 U.S.C. 2779(b)(4)),
relating to transfers of appropriated funds to eliminate losses in
military construction or expenses of family housing caused by
fluctuations in foreign currency exchange rates of foreign countries.
''(2) The reports required by section 125(a) of the Military
Construction Appropriations Act, 1985 (as contained in section 101(e) of
Public Law 98-473; 98 Stat. 1883) (not classified to the Code),
relating to terminations of a prohibition on the availability of
appropriated military construction funds to foreign governments
ineligible to receive such funds by reason of inadequate drug control
measures.
''(r) The report required by section 3036(a) of title 38, United
States Code, relating to the New GI-Bill Educational Assistance Program
under chapter 30 of such title.
''(s) Inspector General Act of 1978. -- The exception provided in
subsection (d)(3) applies to the following:
''(1) The semiannual report required by section 5(b) of the Inspector
General Act of 1978 (5 U.S.C. App. 3) (5 U.S.C. App.), relating to
activities of the Inspector General of the Department of Defense.
''(2) The reports required by section 5(d) of such Act (5 U.S.C.
App. 3) (5 U.S.C. App.), relating to particular cases of problems,
abuses, or deficiencies which have come to the attention of the
Inspector General of the Department of Defense.
''(3) The statements required by paragraphs (3) and (4) of section
8(b) of such Act (5 U.S.C. App. 3) (5 U.S.C. App.), relating to the
exercise of certain authority of the Secretary of Defense with respect
to the activities of the Inspector General of the Department of Defense.
''(t) Intelligence Community Provisions. -- The exception provided in
subsection (d)(3) applies to the following:
''(1) The requirement to furnish information and to report to
Congress concerning intelligence activities as provided in title V of
the National Security Act of 1947 (50 U.S.C. 413 et seq.).
''(2) Reports and information required to be furnished under the
following provisions of law:
''(A) Section 1601(e) of title 10, United States Code, relating to
the Defense Intelligence Senior Executive Service.
''(B) Section 1604(e) of such title, relating to termination of
certain Defense Intelligence Agency personnel.
''(C) Section 1605 of such title, relating to benefits and allowances
for certain Defense Intelligence Agency civilian personnel.
''(3) Reports and information required to be furnished under section
431 of title 37, United States Code, relating to benefits and allowances
for certain military personnel assigned to the Defense Intelligence
Agency.
''(u) Additional Miscellaneous Exceptions. -- The exception provided
in subsection (d)(3) applies to the following:
''(1) The reports required by section 673(d) of title 10, United
States Code, relating to the necessity for units of the Ready Reserve
being ordered to active duty.
''(2) The reports required by section 673b(f) of such title, relating
to necessity of ordering units or members of the Selected Reserve to
active duty.
''(3) The reports required under section 836(b) (article 36(b)) of
such title, relating to rules and regulations prescribed by the
President under such section.
''(4) The reports required by section 867(g)(1) (article 69(g)(1) of
such title (article 67(g)(1) of such title)), relating to the operation
of the Uniform Code of Military Justice.
''(5) The reports required by subsections (a) and (b) of section 1008
and subsections (e) and (f) of section 1009 of title 37, United States
Code, relating to military compensation.
''(v) Public Law 95-79. -- The exception provided in subsection
(d)(3) applies to the notifications required by section 808 of Public
Law 95-79 (50 U.S.C. 1520), relating to chemical or biological warfare
agents.''
Section 604 of Pub. L. 99-433 provided that: ''Not later than six
months after the date of the enactment of this Act (Oct. 1, 1986), the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a draft of legislation to make
any technical and conforming changes to title 10, United States Code,
and other provisions of law that are required or should be made by
reason of the amendments made by this Act (see Short Title of 1986
Amendment note above).''
to Congressional Committees
Pub. L. 96-107, title VIII, 808, Nov. 9, 1979, 93 Stat. 814, which
directed the Secretary of Defense to report annually to Congress on the
readiness of the military forces of NATO, was repealed and restated as
section 133a (now 117) of this title by Pub. L. 97-295, 1(2)(A),
6(b), Oct. 12, 1982, 96 Stat. 1287, 1314.
Pub. L. 93-155, title VII, 701-708, Nov. 16, 1973, 87 Stat.
609-611, established the Commission; provided for its composition,
duties, powers, compensation, staff, appropriations, and use of the
General Services Administration; and directed that interim reports to
the President and to Congress be submitted and that the Commission
terminate 60 days after its final report which was to be submitted not
more than 24 months after the appointment of the Commission.
Advantages and Disadvantages of Alternatives;
Modernization and Manpower Needs; Report to President
and Congress
Pub. L. 93-155, title VIII, 810, Nov. 16, 1973, 87 Stat. 618,
directed the Secretary of Defense to study the relative status of the
Air Force Reserve and the Air National Guard of the United States; to
measure the effects on costs and combat capability as well as other
advantages and disadvantages of (1) merging the Reserve into the Guard,
(2) merging the Guard into the Reserve, and (3) retaining the status
quo; and to consider the modernization needs and manpower problems of
both; and also directed that a report of such study be submitted to the
President and to the Congress no later than Jan. 31, 1975.
Eff. June 30, 1953, 18 F.R. 3743, 67 Stat. 638, as amended Aug. 6,
1958, Pub. L. 85-559, 10(b), 72 Stat. 521; Sept. 7, 1962, Pub. L.
87-651, title III, 307C, 76 Stat. 526
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, April 30, 1953, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20,
1949, as amended (see 5 U.S.C. 901 et seq.).
(a) All functions of the Munitions Board, the Research and
Development Board, the Defense Supply Management Agency, and the
Director of Installations are hereby transferred to the Secretary of
Defense.
(b) The selection of the Director of the Joint Staff by the Joint
Chiefs of Staff, and his tenure, shall be subject to the approval of the
Secretary of Defense.
(c) The selection of the members of the Joint Staff by the Joint
Chiefs of Staff, and their tenure, shall be subject to the approval of
the Chairman of the Joint Chiefs of Staff.
(d) The functions of the Joint Chiefs of Staff with respect to
managing the Joint Staff and the Director thereof are hereby transferred
to the Chairman of the Joint Chiefs of Staff.
(a) There are hereby abolished the Munitions Board, the Research and
Development Board, and the Defense Supply Management Agency.
(b) The offices of Chairman of the Munitions Board, Chairman of the
Research and Development Board, Director of the Defense Supply
Management Agency, Deputy Director of the Defense Supply Management
Agency, and Director of Installations are hereby abolished.
(c) The Secretary of Defense shall provide for winding up any
outstanding affairs of the said abolished agency, boards, and offices,
not otherwise provided for in this reorganization plan.
(d) The function of guidance to the Munitions Board in connection
with strategic and logistic plans as required by section 213(c) of the
National Security Act of 1947, as amended (section 171h(c) of former
Title 5), is hereby abolished.
(Repealed. Pub. L. 85-599, 10(b), Aug. 6, 1958, 72 Stat. 521, eff.
six months after Aug. 6, 1958. Section authorized appointment of six
additional Assistant Secretaries and prescribed their duties and
compensation.)
(Repealed. Pub. L. 87-651, title III, 307C, Sept. 7, 1962, 76 Stat.
526. Section authorized appointment of a General Counsel for the
Department of Defense. See section 139 of this title.)
(Repealed. Pub. L. 87-651, title III, 307C, Sept. 7, 1962, 76 Stat.
526. Section authorized the Secretary of Defense from time to time to
make such provisions as he deemed appropriate authorizing the
performance by any other officer, or by any agency or employee, of the
Department of any function of the Secretary. See section 113 of this
title.)
(a) The Secretary of Defense may from time to time effect such
transfers within the Department of Defense of any of the records,
property, and personnel affected by this reorganization plan, and such
transfers of unexpended balances (available or to be made available for
use in connection with any affected function or agency) of
appropriations, allocations, and other funds of such Department, as he
deems necessary to carry out the provisions of this reorganization plan.
(b) Nothing herein shall affect the compensation of the Chairman of
the Military Liaison Committee (63 Stat. 762).
Ex. Ord. No. 12049, Mar. 27, 1978, 43 F.R. 13363, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12608,
Sept. 9, 1987, 52 F.R. 34617, which provided for establishment of
Defense Economic Adjustment Program and continued the Economic
Adjustment Committee, was superseded by Ex. Ord. No. 12788, Jan. 15,
1992, 57 F.R. 2213, set out as a note under section 2391 of this title.
10 USC 112. Department of Defense: seal
TITLE 10 -- ARMED FORCES
The Secretary of Defense shall have a seal for the Department of
Defense. The design of the seal is subject to approval by the
President. Judicial notice shall be taken of the seal.
(Added Pub. L. 87-651, title II, 202, Sept. 7, 1962, 76 Stat. 517,
132; renumbered 112 and amended Pub. L. 99-433, title I, 101(a)(2),
110(d)(1), Oct. 1, 1986, 100 Stat. 994, 1002.)
1986 -- Pub. L. 99-433 renumbered section 132 of this title as this
section and substituted ''Department of Defense: seal'' for ''Seal'' in
section catchline.
10 USC 113. Secretary of Defense
TITLE 10 -- ARMED FORCES
(a) There is a Secretary of Defense, who is the head of the
Department of Defense, appointed from civilian life by the President, by
and with the advice and consent of the Senate. A person may not be
appointed as Secretary of Defense within 10 years after relief from
active duty as a commissioned officer of a regular component of an armed
force.
(b) The Secretary is the principal assistant to the President in all
matters relating to the Department of Defense. Subject to the direction
of the President and to this title and section 2 of the National
Security Act of 1947 (50 U.S.C. 401), he has authority, direction, and
control over the Department of Defense.
(c) The Secretary shall report annually in writing to the President
and the Congress on the expenditures, work, and accomplishments of the
Department of Defense during the period covered by the report, together
with --
(1) a report from each military department on the expenditures, work,
and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the
eliminations of unnecessary duplications, made under sections 125 and
191 of this title;
(3) a report from the Reserve Forces Policy Board on the reserve
programs of the Department of Defense, including a review of the
effectiveness of chapters 51, 337, 361, 363, 549, 573, 837, 861 and 863
of this title, as far as they apply to reserve officers; and
(4) such recommendations as he considers appropriate.
(d) Unless specifically prohibited by law, the Secretary may, without
being relieved of his responsibility, perform any of his functions or
duties, or exercise any of his powers through, or with the aid of, such
persons in, or organizations of, the Department of Defense as he may
designate.
(e)(1) The Secretary shall include in his annual report to Congress
under subsection (c) --
(A) a description of the major military missions and of the military
force structure of the United States for the next fiscal year;
(B) an explanation of the relationship of those military missions to
that force structure; and
(C) the justification for those military missions and that force
structure.
(2) In preparing the matter referred to in paragraph (1), the
Secretary shall take into consideration the content of the annual
national security strategy report of the President under section 104 of
the National Security Act of 1947 (50 U.S.C. 404a) for the fiscal year
concerned.
(f) When a vacancy occurs in an office within the Department of
Defense and the office is to be filled by a person appointed from
civilian life by the President, by and with the advice and consent of
the Senate, the Secretary of Defense shall inform the President of the
qualifications needed by a person serving in that office to carry out
effectively the duties and responsibilities of that office.
(g)(1) The Secretary of Defense, with the advice and assistance of
the Chairman of the Joint Chiefs of Staff, shall provide annually to the
heads of Department of Defense components written policy guidance for
the preparation and review of the program recommendations and budget
proposals of their respective components. Such guidance shall include
guidance on --
(A) national security objectives and policies;
(B) the priorities of military missions; and
(C) the resource levels projected to be available for the period of
time for which such recommendations and proposals are to be effective.
(2) The Secretary of Defense, with the approval of the President and
after consultation with the Chairman of the Joint Chiefs of Staff, shall
provide annually to the Chairman written policy guidance for the
preparation and review of contingency plans. Such guidance shall
include guidance on the specific force levels and specific supporting
resource levels projected to be available for the period of time for
which such plans are to be effective.
(h) The Secretary of Defense shall keep the Secretaries of the
military departments informed with respect to military operations and
activities of the Department of Defense that directly affect their
respective responsibilities.
(i)(1) The Secretary of Defense shall transmit to Congress each year
a report that contains a comprehensive net assessment of the defense
capabilities and programs of the armed forces of the United States and
its allies as compared with those of their potential adversaries.
(2) Each such report shall --
(A) include a comparison of the defense capabilities and programs of
the armed forces of the United States and its allies with the armed
forces of potential adversaries of the United States and allies of the
United States;
(B) include an examination of the trends experienced in those
capabilities and programs during the five years immediately preceding
the year in which the report is transmitted and an examination of the
expected trends in those capabilities and programs during the five years
covered by the five-year defense program submitted to Congress during
that year pursuant to section 114(g) /1/ of this title;
(C) include a description of the means by which the Department of
Defense will maintain the capability to reconstitute or expand the
defense capabilities and programs of the armed forces of the United
States on short notice to meet a resurgent or increased threat to the
national security of the United States;
(D) reflect, in the overall assessment and in the strategic and
regional assessments, the defense capabilities and programs of the armed
forces of the United States specified in the budget submitted to
Congress under section 1105 of title 31 in the year in which the report
is submitted and in the five-year defense program submitted in such
year; and
(E) identify the deficiencies in the defense capabilities of the
armed forces of the United States in such budget and such five-year
defense program.
(3) The Secretary shall transmit to Congress the report required for
each year under paragraph (1) at the same time that the President
submits the budget to Congress under section 1105 of title 31 in that
year. Such report shall be transmitted in both classified and
unclassified form.
(j)(1) Not later than April 8 of each year, the Secretary of Defense
shall submit to the Committees on Armed Services and Committees on
Appropriations of the Senate and House of Representatives a report on
the cost of stationing United States forces outside of the United
States. Each such report shall include a detailed statement of the
following:
(A) Costs incurred in the United States and costs incurred outside
the United States in connection with the stationing of United States
forces outside the United States.
(B) The costs incurred outside the United States in connection with
operating, maintaining, and supporting United States forces outside the
United States, including all direct and indirect expenditures of United
States funds in connection with such stationing.
(C) The effect of such expenditures outside the United States on the
balance of payments of the United States.
(2) Each report under this subsection shall be prepared in
consultation with the Secretary of Commerce.
(3) In this subsection, the term ''United States'', when used in a
geographic sense, includes the territories and possessions of the United
States.
(k) The Secretary of Defense, with the advice and assistance of the
Chairman of the Joint Chiefs of Staff, shall provide annually to the
Secretaries of the military departments and to the commanders of the
combatant commands written guidelines to direct the effective detection
and monitoring of all potential aerial and maritime threats to the
national security of the United States. Those guidelines shall include
guidance on the specific force levels and specific supporting resources
to be made available for the period of time for which the guidelines are
to be in effect.
(Added Pub. L. 87-651, title II, 202, Sept. 7, 1962, 76 Stat. 517,
133; amended Pub. L. 96-513, title V, 511(3), Dec. 12, 1980, 94 Stat.
2920; Pub. L. 97-252, title XI, 1105, Sept. 8, 1982, 96 Stat. 739;
Pub. L. 97-295, 1(1), Oct. 12, 1982, 96 Stat. 1287; renumbered 113
and amended Pub. L. 99-433, title I, 101(a)(2), 102, 110(b)(2),
(d)(2), title III, 301(b)(2), title VI, 603(b), Oct. 1, 1986, 100
Stat. 994, 996, 1002, 1022, 1075; Pub. L. 100-26, 7(d)(1), Apr. 21,
1987, 101 Stat. 280; Pub. L. 100-180, div. A, title XII, 1214, Dec. 4,
1987, 101 Stat. 1157; Pub. L. 100-370, 1(o)(1), July 19, 1988, 102
Stat. 850; Pub. L. 100-456, div. A, title VII, 731, title XI, 1101,
Sept. 29, 1988, 102 Stat. 2003, 2042; Pub. L. 101-189, div. A, title
XVI, 1622(c)(1), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 101-510, div.
A, title XIII, 1322(a)(1), Nov. 5, 1990, 104 Stat. 1671; Pub. L.
102-190, div. A, title III, 341, Dec. 5, 1991, 105 Stat. 1343.)
In subsection (a), the last sentence is substituted for 5 U.S.C.
171a(a) (proviso).
In subsection (b), the words ''this title and section 401 of title
50'' are substituted for 5 U.S.C. 171a(b) (13th through 30th words of
last sentence), since those words merely described the coverage of this
title and section 401 of title 50.
In subsection (c), the words ''during the period covered by the
report'' are inserted for clarity. The following substitutions are
made: ''under section 125 of this title'' for ''pursuant to the
provisions of this Act'' since 125 of this title relates to the duty of
the Secretary of Defense to take action to save public funds and to
eliminate duplication in the Department of Defense; and the last 22
words of clause (3) for 5 U.S.C. 171a-1 (last 13 words).
In subsection (d), section 5 of 1953 Reorganization Plan No. 6 is
omitted as covered by 5 U.S.C. 171a(f).
The words ''prepare and'' are omitted as surplus.
Subsection (k) is based on Pub. L. 100-202, 101(b) (title VIII,
8042), 101 Stat. 1329-69.
Section 8042 of the FY88 Defense Appropriations Act (Public Law
100-202) established a requirement for the Secretary of Defense to
submit an annual report on the cost of stationing United States forces
overseas. Under that section, the annual report is to be sent to the
Committees on Appropriations of the two Houses. In codifying that
section as section 113(k) of title 10, the committee added the two Armed
Services Committees as committees to be sent the annual report. This
minor change from the source law does not change the nature of the
report to be submitted.
The committee notes that the source section does not specify the
period of time to be covered by the report. In the absence of statutory
language specifying the period to be covered by the report, it would
seem reasonable to conclude that the report should cover the previous
fiscal year. The committee notes, however, that the report of the
Senate Appropriations Committee on its FY88 defense appropriations bill
(S. Rpt. 100-235) states that this new annual report ''should cover the
budget years and the 2 previous fiscal years'' (page 54). The committee
believes that such a requirement may be unnecessarily burdensome and in
any case, if such a requirement is intended, should be stated in the
statute. In the absence of clear intent, the provision is proposed to
be codified without specifying the period of time to be covered by the
annual report.
In codifying this provision, the committee also changed the term
''United States troops'' in the source law to ''United States forces''
for consistency in usage in title 10 and as being preferable usage. No
change in meaning is intended. The committee also changed ''overseas''
to ''outside the United States'' and defined ''United States'' for this
purpose to include the territories and possessions of the United States.
The committee was concerned that the term ''overseas'' read literally
could include Hawaii or Guam, an interpretation clearly not intended in
enacting section 8042. The committee notes that the Senate report
referred to above states ''For the purposes of this report (meaning the
new DOD annual report), U.S. forces stationed overseas are considered
to be those outside of the United States and its territories.''. The
committee extrapolates from this statement that provisions in the report
requirement relating to expenditures ''overseas'' and costs incurred
''overseas'' are also to be construed as relating to matters outside the
United States and its territories and has prepared the codified
provision accordingly.
Section 114(g) of this title, referred to in subsec. (i)(2)(B), was
repealed by Pub. L. 101-189, div. A, title XVI, 1602(b), Nov. 29,
1989, 103 Stat. 1597.
1991 -- Subsec. (i)(2)(C) to (E). Pub. L. 102-190 added subpar.
(C) and redesignated former subpars. (C) and (D) as (D) and (E),
respectively.
1990 -- Subsecs. (i) to (l). Pub. L. 101-510 redesignated subsecs.
(j) to (l) as (i) to (k), respectively, and struck out former subsec.
(i) which read as follows: ''The Secretary of Defense shall submit to
Congress a written report, not later than February 15 of each fiscal
year, recommending the amount of funds to be appropriated to the
Department of Defense for the next fiscal year for functions relating to
the formulation and carrying out of Department of Defense policies on
the control of technology transfer and activities related to the control
of technology transfer. The Secretary shall include in that report the
proposed allocation of the funds requested for such purpose and the
number of personnel proposed to be assigned to carry out such activities
during such fiscal year.''
1989 -- Subsec. (j)(2)(B). Pub. L. 101-189 substituted ''five-year
defense program'' for ''Five-Year Defense Program''.
1988 -- Subsec. (j). Pub. L. 100-456, 731, designated existing
provisions as par. (1), struck out provision requiring that each report
be transmitted in both a classified and an unclassified form, and added
pars. (2) and (3).
Subsec. (k). Pub. L. 100-370 added subsec. (k).
Subsec. (l). Pub. L. 100-456, 1101, added subsec. (l).
1987 -- Subsec. (e)(2). Pub. L. 100-26 inserted ''(50 U.S.C.
404a)'' after ''National Security Act of 1947''.
Subsec. (j). Pub. L. 100-180 added subsec. (j).
1986 -- Pub. L. 99-433, 110(d)(2), struck out '': appointment;
powers and duties; delegation by'' at end of section catchline.
Subsecs. (a) to (e). Pub. L. 99-443, 101(a)(2), redesignated
subsecs. (a) to (e) of section 133 of this title as subsecs. (a) to
(e) of this section.
Pub. L. 99-433, 301(b)(2), substituted ''sections 125 and 191'' for
''section 125'' in subsec. (c)(2).
Pub. L. 99-433, 603(b), amended subsec. (e) generally. Prior to
amendment, subsec. (e) read as follows: ''After consulting with the
Secretary of State, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
before February 1 of each year a written report on --
''(1) the foreign policy and military force structure for the next
fiscal year;
''(2) the relationship of that policy and structure to each other;
and
''(3) the justification for the policy and structure.''
Subsecs. (f) to (h). Pub. L. 99-433, 102, added subsecs. (f) to
(h).
Subsec. (i). Pub. L. 99-433, 101(a)(2), 110(b)(2), successively
redesignated subsec. (h) of section 138 of this title as subsec. (h)
of section 114 of this title and then as subsec. (i) of this section.
1982 -- Subsec. (e). Pub. L. 97-295 added subsec. (e).
Subsec. (i) (formerly 138(h)). Pub. L. 97-252, 1105, added subsec.
(h). See 1986 Amendment note above.
1980 -- Subsec. (b). Pub. L. 96-513 substituted ''section 2 of the
National Security Act of 1947 (50 U.S.C. 401)'' for ''section 401 of
title 50''.
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.
Functions of President under various sections delegated to Secretary
of Defense, see Ex. Ord. No. 10621, July 1, 1955, 20 F.R. 4759, as
amended by Ex. Ord. No. 11294, Aug. 4, 1966, 31 F.R. 10601; see Ex.
Ord. No. 10661, Feb. 27, 1956, 21 F.R. 1315; see Ex. Ord. No. 11390,
Jan. 22, 1968, 33 F.R. 841; all set out as notes under section 301 of
Title 3, The President.
For assignment of certain emergency preparedness functions to
Secretary of Defense, see Parts 1, 2, and 5 of Ex. Ord. No. 12656, Nov.
18, 1988, 53 F.R. 47491, set out as a note under section 2251 of Title
50, Appendix, War and National Defense.
For order of succession in event of death, disability, or resignation
of Secretary, see Ex. Ord. No. 12787, Dec. 31, 1991, 57 F.R. 517, set
out as a note under section 3347 of Title 5, Government Organization and
Employees.
Pub. L. 102-484, div. A, title III, 378, Oct. 23, 1992, 106 Stat.
2387, provided that:
''(a) In General. -- The Secretary of Defense may, during fiscal
years 1993 through 1995, conduct a program to commemorate the 50th
anniversary of World War II and to coordinate, support, and facilitate
other such commemoration programs and activities of the Federal
Government, State and local governments, and other persons.
''(b) Use of Funds. -- During fiscal years 1993 through 1995, funds
appropriated to the Department of Defense for operation and maintenance
of Defense Agencies shall be available to conduct the program referred
to in subsection (a).
''(c) Program Activities. -- The program referred to in subsection
(a) may include activities and ceremonies --
''(1) to provide the people of the United States with a clear
understanding and appreciation of the lessons and history of World War
II;
''(2) to thank and honor veterans of World War II and their families;
''(3) to pay tribute to the sacrifices and contributions made on the
home front by the people of the United States;
''(4) to foster an awareness in the people of the United States that
World War II was the central event of the 20th century that defined the
postwar world;
''(5) to highlight advances in technology, science, and medicine
related to military research conducted during World War II;
''(6) to inform wartime and postwar generations of the contributions
of the Armed Forces of the United States to the United States;
''(7) to recognize the contributions and sacrifices made by World War
II allies of the United States; and
''(8) to highlight the role of the Armed Forces of the United States,
then and now, in maintaining world peace through strength.
''(d) Authority of the Secretary. -- (1) In connection with the
program referred to in subsection (a), the Secretary of Defense may
adopt, use, and register as trademarks and service marks, emblems,
signs, insignia, or words. The Secretary shall have the exclusive right
to use such emblems, signs, insignia or words, subject to the
preexisting rights described in paragraph (3), and may grant exclusive
or nonexclusive licenses in connection therewith.
''(2) Without the consent of the Secretary of Defense, any person who
uses any emblem, sign, insignia, or word adopted, used, or registered as
a trademark or service mark by the Secretary in accordance with
paragraph (1), or any combination or simulation thereof tending to cause
confusion, to cause mistake, to deceive, or to falsely suggest a
connection with the program referred to in subsection (a), shall be
subject to suit in a civil action by the Attorney General, upon
complaint by the Secretary of Defense, for the remedies provided in the
Act of July 5, 1946, as amended (60 Stat. 427; popularly known as the
Trademark Act of 1945 (1946)) (15 U.S.C. 1051 et seq.).
''(3) Any person who actually used an emblem, sign, insignia, or word
adopted, used, or registered as a trademark or service mark by the
Secretary in accordance with paragraph (1), or any combination or
simulation thereof, for any lawful purpose before such adoption, use, or
registration as a trademark or service mark by the Secretary shall not
be prohibited by this section from continuing such lawful use for the
same purpose and for the same goods or services.
''(e) Establishment of Account. -- (1) There is established in the
Treasury of the United States an account to be known as the 'Department
of Defense 50th Anniversary of World War II Commemoration Account' which
shall be administered by the Secretary of Defense as a single account.
There shall be deposited into the account all proceeds derived from
activities described in subsection (d).
''(2) The Secretary may use the funds in the account established in
paragraph (1) only for the purpose of conducting the program referred to
in subsection (a).
''(3) Not later than 60 days after the termination of the authority
of the Secretary to conduct the commemoration program referred to in
subsection (a), the Secretary shall transmit to the Committees on Armed
Services of the Senate and House of Representatives a report containing
an accounting of all the funds deposited into and expended from the
account or otherwise expended under this section, and of any amount
remaining in the account. Unobligated funds which remain in the account
after termination of the authority of the Secretary under this section
shall be held in the account until transferred by law after the
Committees receive the report.
''(f) Provision of Voluntary Services. -- (1) Notwithstanding section
1342 of title 31, United States Code, the Secretary of Defense may
accept from any person voluntary services to be provided in furtherance
of the program referred to in subsection (a).
''(2) A person providing voluntary services under this subsection
shall be considered to be an employee for the purposes of chapter 81 of
title 5, relating to compensation for work-related injuries. Such a
person who is not otherwise employed by the Federal Government shall not
be considered to be a Federal employee for any other purposes by reason
of the provision of such service.
''(3) The Secretary of Defense may provide for reimbursement of
incidental expenses which are incurred by a person providing voluntary
services under this subsection. The Secretary of Defense shall
determine which expenses are eligible for reimbursement under this
paragraph.''
Pub. L. 102-484, div. A, title III, 383, Oct. 23, 1992, 106 Stat.
2392, provided that:
''(a) Review Required. -- The Secretary of Defense shall provide for
a review of the practices and procedures of the military departments
regarding the use of civilian airfields in flight training activities of
the Armed Forces.
''(b) Purpose. -- The purpose of the review is to determine whether
the practices and procedures referred to in subsection (a) should be
modified to better protect the public safety while meeting training
requirements of the Armed Forces.
''(c) Special Requirement. -- In the conduct of the review,
particular consideration shall be given to the practices and procedures
regarding the use of civilian airfields in heavily populated areas.''
Pub. L. 102-484, div. A, title VI, 653(d), Oct. 23, 1992, 106
Stat. 2429, provided that:
''(1) Not later than December 15, 1993, the Secretary of Defense
shall transmit to the Congress a report on the actions taken and planned
to be taken in the Department of Defense to reduce or eliminate
disincentives for a dependent of a member of the Armed Forces abused by
the member to report the abuse to appropriate authorities.
''(2) The actions considered by the Secretary should include the
provision of treatment, child care services, health care services, job
training, job placement services, and transitional financial assistance
for dependents of members of the Armed Forces referred to in paragraph
(1).''
Pub. L. 102-484, div. A, title X, 1072, Oct. 23, 1992, 106 Stat.
2508, provided that:
''(a) Availability of Fatality Reports and Records. --
''(1) Requirement. -- The Secretary of each military department shall
ensure that fatality reports and records pertaining to any member of the
Armed Forces who dies in the line of duty shall be made available to
family members of the service member in accordance with this subsection.
''(2) Information to be provided after notification of death. --
Within a reasonable period of time after family members of a service
member are notified of the member's death, but not more than 30 days
after the date of notification, the Secretary concerned shall ensure
that the family members --
''(A) in any case in which the cause or circumstances surrounding the
death are under investigation, are informed of that fact, of the names
of the agencies within the Department of Defense conducting the
investigations, and of the existence of any reports by such agencies
that have been or will be issued as a result of the investigations; and
''(B) are furnished, if the family members so desire, a copy of any
completed investigative report and any other completed fatality reports
that are available at the time family members are provided the
information described in subparagraph (A) to the extent such reports may
be furnished consistent with sections 552 and 552a of title 5, United
States Code.
''(3) Assistance in obtaining reports. -- (A) In any case in which an
investigative report or other fatality reports are not available at the
time family members of a service member are provided the information
described in paragraph (2)(A) about the member's death, the Secretary
concerned shall ensure that a copy of such investigative report and any
other fatality reports are furnished to the family members, if they so
desire, when the reports are completed and become available, to the
extent such reports may be furnished consistent with sections 552 and
552a of title 5, United States Code.
''(B) In any case in which an investigative report or other fatality
reports cannot be released at the time family members of a service
member are provided the information described in paragraph (2)(A) about
the member's death because of section 552 or 552a of title 5, United
States Code, the Secretary concerned shall ensure that the family
members --
''(i) are informed about the requirements and procedures necessary to
request a copy of such reports; and
''(ii) are assisted, if the family members so desire, in submitting a
request in accordance with such requirements and procedures.
''(C) The requirement of subparagraph (B) to inform and assist family
members in obtaining copies of fatality reports shall continue until a
copy of each report is obtained, or access to any such report is denied
by competent authority within the Department of Defense.
''(4) Waiver. -- The requirements of paragraph (2) or (3) may be
waived on a case-by-case basis, but only if the Secretary of the
military department concerned determines that compliance with such
requirements is not in the interests of national security.
''(b) Review of Combat Fatality Notification Procedures. --
''(1) Review. -- The Secretary of Defense shall conduct a review of
the fatality notification procedures used by the military departments.
Such review shall examine the following matters:
''(A) Whether uniformity in combat fatality notification procedures
among the military departments is desirable, particularly with respect
to --
''(i) the use of one or two casualty notification and assistance
officers;
''(ii) the use of standardized fatality report forms and witness
statements;
''(iii) the use of a single center for all military departments
through which combat fatality information may be processed; and
''(iv) the use of uniform procedures and the provision of a dispute
resolution process for instances in which members of one of the Armed
Forces inflict casualties on members of another of the Armed Forces.
''(B) Whether existing combat fatality report forms should be
modified to include a block or blocks with which to identify the cause
of death as 'friendly fire', 'U.S. ordnance', or 'unknown'.
''(C) Whether the existing 'Emergency Data' form prepared by members
of the Armed Forces should be revised to allow members to specify
provision for notification of additional family members in cases such as
the case of a divorced service member who leaves children with both a
current and a former spouse.
''(D) Whether the military departments should, in all cases, provide
family members of a service member who died as a result of injuries
sustained in combat with full and complete details of the death of the
service member, regardless of whether such details may be graphic,
embarrassing to the family members, or reflect negatively on the
military department concerned.
''(E) Whether, and when, the military departments should inform
family members of a service member who died as a result of injuries
sustained in combat about the possibility that the death may have been
the result of friendly fire.
''(F) The criteria and standards which the military departments
should use in deciding when disclosure is appropriate to family members
of a member of the military forces of an allied nation who died as a
result of injuries sustained in combat when the death may have been the
result of fire from United States armed forces and an investigation into
the cause or circumstances of the death has been conducted.
''(2) Report. -- The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the review conducted under paragraph (1). Such report shall
be submitted not later than March 31, 1993, and shall include
recommendations on the matters examined in the review and on any other
matters the Secretary determines to be appropriate based upon the review
or on any other reviews undertaken by the Department of Defense.
''(c) Definitions. -- In this section:
''(1) The term 'fatality reports' includes investigative reports and
any other reports pertaining to the cause or circumstances of death of a
member of the Armed Forces in the line of duty (such as autopsy reports,
battlefield reports, and medical reports).
''(2) The term 'family members' means parents, spouses, adult
children, and such other relatives as the Secretary concerned considers
appropriate.
''(d) Applicability. -- (1) Except as provided in paragraph (2), this
section applies with respect to deaths of members of the Armed Forces
occurring after the date of the enactment of this Act (Oct. 23, 1992).
''(2) With respect to deaths of members of the Armed Forces occurring
before the date of the enactment of this Act, the Secretary concerned
shall provide fatality reports to family members upon request as
promptly as practicable.''
Pub. L. 102-484, div. A, title X, 1082, Oct. 23, 1992, 106 Stat.
2516, provided that:
''(a) Support for Contractors. -- In the event that a United States
defense contractor or industrial association requests the Department of
Defense or a military department to provide support in the form of
military equipment for any airshow or trade exhibition to be held
outside the United States, such equipment may not be supplied unless the
contractor or association agrees to reimburse the Treasury of the United
States for --
''(1) all incremental costs of military personnel accompanying the
equipment, including food, lodging, and local transportation;
''(2) all incremental transportation costs incurred in moving such
equipment from its normally assigned location to the airshow or trade
exhibition and return; and
''(3) any other miscellaneous incremental costs not included under
paragraphs (1) and (2) that are incurred by the Federal Government but
would not have been incurred had military support not been provided to
the contractor or industrial association.
''(b) Department of Defense Exhibitions. -- (1) A military department
may not participate directly in any airshow or trade exhibition held
outside the United States unless the Secretary of Defense --
''(A) determines that it is in the national security interests of the
United States for the military department to do so; and
''(B) provides to the congressional defense committees at least 45
days before the opening of the airshow or trade exhibition a report
detailing --
''(i) why the show or exhibition is in the national security
interest;
''(ii) a description of the implications that promoting the sale of
the weapons in question will have on arms control; and
''(iii) an estimate of any costs to be incurred.
''(2) The Secretary of Defense may not delegate the authority to make
the determination referred to in paragraph (1)(A) below the level of the
Under Secretary of Defense for Policy.
''(c) Definition. -- In this section, the term 'incremental
transportation cost' includes the cost of transporting equipment to an
airshow or trade exhibition only to the extent that the provision of
transportation by the Department of Defense described in subsection
(a)(2) does not fulfill legitimate training requirements that would
otherwise have to be met.''
Pub. L. 102-484, div. A, title XIII, 1302, Oct. 23, 1992, 106
Stat. 2545, provided that:
''(a) Reduction in United States Force Levels Abroad. -- On and after
September 30, 1996, no appropriated funds may be used to support an end
strength level of members of the Armed Forces of the United States
assigned to permanent duty ashore in nations outside the United States
at any level in excess of 60 percent of the end strength level of such
members on September 30, 1992.
''(b) Exceptions. -- (1) Subsection (a) shall not apply in the event
of a declaration of war or an armed attack on any member nation of the
North Atlantic Treaty Organization, Japan, the Republic of Korea, or any
other ally of the United States.
''(2) The President may waive the operation of subsection (a) if the
President declares an emergency and immediately notifies Congress.''
Pub. L. 102-484, div. A, title XIII, 1304, Oct. 23, 1992, 106
Stat. 2546, provided that:
''(a) Annual Report. -- The Secretary of Defense shall, not later
than March 31 of each year through 1997, submit to the Committees on
Armed Services of the Senate and House of Representatives, either
separately or as part of another relevant report, a report that
specifies --
''(1) the stationing and basing plan for United States military
forces outside the United States;
''(2) the status of closures of United States military installations
located outside the United States;
''(3) the schedule for the negotiation of such closures;
''(4) the potential savings to the United States resulting from such
closures;
''(5) the potential amount of receipts from residual value
negotiations; and
''(6) efforts and progress toward achieving host nation offsets under
section 1301(e) (106 Stat. 2545) and reduced end strength levels under
section 1302 (set out as a note above).
''(b) Report on Budget Implications of Overseas Basing Agreements.
-- Whenever the Secretary of Defense enters into a basing agreement
between the United States and a foreign country with respect to United
States military forces outside the United States, the Secretary of
Defense shall, in advance of the signing of the agreement, submit to the
congressional defense committees a report on the Federal budget
implications of the agreement.''
Sections 541-550 of Pub. L. 102-190 provided for the creation of a
Commission on the Assignment of Women in the Armed Forces to assess the
laws and policies restricting the assignment of female service members
and the implications, if any, for the combat readiness of the Armed
Forces of permitting female members to qualify for assignment to
positions in some or all categories of combat positions, with a report
to be submitted to the President no later than Nov. 15, 1992, and to
the Congress no later than Dec. 15, 1992, containing recommendations as
to what roles female members should have in combat and what laws and
policies restricting such assignments should be repealed or modified,
and further provided for powers and procedures of the Commission,
personnel matters, payment of Commission expenses and other
miscellaneous administrative provisions, termination of the Commission
90 days after submission of its final report, and test assignments of
female service members to combat positions.
Section 832 of Pub. L. 102-190 provided that:
''(a) European Procurement Practices. -- The Secretary of Defense
shall --
''(1) compute the total value of American-made military goods and
services procured each year by European governments or companies;
''(2) review defense procurement practices of European governments to
determine what factors are considered in the selection of contractors
and to determine whether American firms are discriminated against in the
selection of contractors for purchases by such governments of military
goods and services; and
''(3) establish a procedure for discussion with European governments
about defense contract awards made by them that American firms believe
were awarded unfairly.
''(b) Defense Trade and Cooperation Working Group. -- The Secretary
of Defense shall establish a defense trade and cooperation working
group. The purpose of the group is to evaluate the impact of, and
formulate United States positions on, European initiatives that affect
United States defense trade, cooperation, and technology security. In
carrying out the responsibilities of the working group, members of the
group shall consult, as appropriate, with personnel in the Departments
of State and Commerce and in the Office of the United States Trade
Representative.
''(c) GAO Review. -- The Comptroller General shall conduct a review
to determine how the members of the North Atlantic Treaty Organization
are implementing their bilateral reciprocal defense procurement
memoranda of understanding with the United States. The Comptroller
General shall complete the review, and submit to Congress a report on
the results of the review, not later than February 1, 1992.''
Section 924 of Pub. L. 102-190 provided that:
''(a) Procedures for Use. -- The Secretary of Defense, after
consultation with the Director of Central Intelligence, shall prescribe
procedures for regularly and periodically exercising national
intelligence collection systems and exploitation organizations that
would be used to provide intelligence support, including support of the
combatant commands, during a war or threat to national security.
''(b) Use in Joint Training Exercises. -- In accordance with
procedures prescribed under subsection (a), the Chairman of the Joint
Chiefs of Staff shall provide for the use of the national intelligence
collection systems and exploitation organizations in joint training
exercises to the extent necessary to ensure that those systems and
organizations are capable of providing intelligence support, including
support of the combatant commands, during a war or threat to national
security.
''(c) Report. -- Not later than May 1, 1992, the Secretary of Defense
and the Director of Central Intelligence shall submit to the
congressional defense committees, the Select Committee on Intelligence
of the Senate, and the Permanent Select Committee on Intelligence of the
House of Representatives a joint report --
''(1) describing the procedures prescribed under subsection (a); and
''(2) stating the assessment of the Chairman of the Joint Chiefs of
Staff of the performance in joint training exercises of the national
intelligence collection systems and the Chairman's recommendations for
any changes that the Chairman considers appropriate to improve that
performance.''
Section 1083 of Pub. L. 102-190 provided that:
''(a) Request for Establishment. -- The President is authorized and
requested to establish in the Department of Defense a family support
center to provide information and assistance to members of the families
of persons who at any time while members of the Armed Forces were
classified as prisoners of war or missing in action in Southeast Asia
and who have not been accounted for. Such a support center should be
located in a facility in the National Capital region.
''(b) Duties. -- The center should be organized and provided with
such personnel as necessary to permit the center to assist family
members referred to in subsection (a) in contacting the departments and
agencies of the Federal Government having jurisdiction over matters
relating to such persons.''
Pub. L. 102-25, title IV, Apr. 6, 1991, 105 Stat. 99, directed
Director of Office of Management and Budget to submit to Congress a
number of reports on incremental costs associated with Operation Desert
Storm and amounts of contributions made to United States by foreign
countries to offset those costs, with a final report due not later than
Nov. 15, 1992, and directed Secretary of State and Secretary of the
Treasury to jointly submit to Congress a number of reports on
contributions made by foreign countries as part of international
response to Persian Gulf crisis, with a final report due not later than
Nov. 15, 1992.
Pub. L. 102-25, title VI, 601, Apr. 6, 1991, 105 Stat. 105, as
amended by Pub. L. 102-190, div. A, title X, 1063(d)(1), Dec. 5,
1991, 105 Stat. 1476; Pub. L. 102-484, div. A, title X, 1053(8),
Oct. 23, 1992, 106 Stat. 2502, provided that:
''(a) In General. -- The Secretary of Defense may provide assistance
for families of members of the Armed Forces and of members of the
National Guard who served on active duty during the Persian Gulf
conflict in order to ensure that the children of such families obtain
needed child care services. The assistance authorized by this section
should be directed primarily toward providing needed child care services
for children of such personnel who are serving in the Persian Gulf area
or who were otherwise deployed, assigned, or ordered to active duty in
connection with Operation Desert Storm.
''(b) Authorization of Appropriations. -- Of the amounts authorized
to be appropriated from the Defense Cooperation Account for fiscal year
1991 under section 101(a) (105 Stat. 78), $20,000,000 shall be available
to carry out the provisions of this section. The costs of carrying out
such provisions are incremental costs associated with Operation Desert
Storm.
''(c) Supplementation of Other Public Funds. -- Funds appropriated
pursuant to subsection (b) that are made available to carry out this
section may be used only to supplement, and not to supplant, the amount
of any other Federal, State, or local government funds otherwise
expended or authorized for the support of child care programs for
members of the Armed Forces.''
Pub. L. 102-25, title VI, 602, Apr. 6, 1991, 105 Stat. 106, as
amended by Pub. L. 102-190, div. A, title X, 1063(d)(2), Dec. 5,
1991, 105 Stat. 1476, provided that:
''(a) In General. -- The Secretary of Defense may provide assistance
in accordance with this section to families of members of the Armed
Forces and members of the National Guard who served on active duty
during the Persian Gulf conflict in order to ensure that those families
receive educational assistance and family support services necessary to
meet needs arising out of Operation Desert Storm.
''(b) Types of Assistance. -- The assistance authorized by this
section may be provided to families directly or through the awarding of
grants, contracts, or other forms of financial assistance to appropriate
private or public entities.
''(c) Geographic Areas Assisted. -- (1) Such assistance shall be
provided primarily in geographic areas --
''(A) in which a substantial number of members of the active
components of the Armed Forces of the United States are permanently
assigned and from which a significant number of such members are being
deployed, or have been deployed, in connection with Operation Desert
Storm; or
''(B) from which a significant number of members of the reserve
components of the Armed Forces ordered to, or retained on, active duty
pursuant to section 672(a), 672(d), 673, 673b, or 688 of title 10,
United States Code, are being deployed, or have been deployed, in
connection with Operation Desert Storm.
''(2) The Secretary of Defense shall determine which areas meet the
criteria set out in paragraph (1).
''(d) Educational Assistance. -- Educational assistance authorized by
this section may be used for the furnishing of one or more of the
following forms of assistance:
''(1) Individual or group counseling for children and other members
of the families of members of the Armed Forces of the United States who
have been deployed in connection with, or are casualties of, Operation
Desert Storm.
''(2) Training and technical assistance to better prepare teachers
and other school employees to address questions and concerns of children
of such members of the Armed Forces.
''(3) Other appropriate programs, services, and information designed
to address the special needs of children and other members of the
families of members of the Armed Forces referred to in paragraph (1)
resulting from the deployment, the return from deployment, or the
medical or rehabilitation needs of such members.
''(e) Family Support Assistance. -- Family support assistance
authorized by this section may be used for the following purposes:
''(1) Family crisis intervention.
''(2) Family counseling.
''(3) Family support groups.
''(4) Expenses for volunteer activities.
''(5) Respite care.
''(6) Housing protection and advocacy.
''(7) Food assistance.
''(8) Employment assistance.
''(9) Child care.
''(10) Benefits eligibility determination services.
''(11) Transportation assistance.
''(12) Adult day care for dependent elderly and disabled adults.
''(13) Temporary housing assistance for immediate family members
visiting soldiers wounded during Operation Desert Storm and receiving
medical treatment at military hospitals and facilities in the United
States.
''(f) Authorization of Appropriations. -- Of the amounts authorized
to be appropriated from the Defense Cooperation Account for fiscal year
1991 under section 101(a) (105 Stat. 78), $30,000,000 shall be available
to carry out the provisions of this section. The costs of carrying out
such provisions are incremental costs of Operation Desert Storm.''
Pub. L. 102-25, title VI, 608, Apr. 6, 1991, 105 Stat. 112,
provided that:
''(a) General Rule. -- Effective as of the end of the six-month
period beginning on the date of the enactment of this Act (Apr. 6,
1991), the Secretary of Defense shall withhold payments to any nonpaying
pledging nation that would otherwise be paid as reimbursements for
expenses of indirect-hire civilian personnel of the Department of
Defense in that nation.
''(b) Nonpaying Pledging Nation Defined. -- For purposes of this
section, the term 'nonpaying pledging nation' means a foreign nation
that has pledged to the United States that it will make contributions to
assist the United States in defraying the incremental costs of Operation
Desert Shield and which has not paid to the United States the full
amount so pledged.
''(c) Release of Withheld Amounts. -- When a nation affected by
subsection (a) has paid to the United States the full amount pledged,
the Secretary of Defense shall release the amounts withheld from payment
pursuant to subsection (a).
''(d) Waiver Authority. -- The Secretary of Defense may waive the
requirement in subsection (a) upon certification to Congress that the
waiver is required in the national security interests of the United
States.''
Pub. L. 102-396, title IX, 9070, Oct. 6, 1992, 106 Stat. 1918,
provided that: ''Notwithstanding any other provision of law, where cost
effective, all Department of Defense software shall be written in the
programming language Ada, in the absence of special exemption by an
official designated by the Secretary of Defense.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-172, title VIII, 8073, Nov. 26, 1991, 105 Stat. 1188.
Pub. L. 101-511, title VIII, 8092, Nov. 5, 1990, 104 Stat. 1896.
Pub. L. 101-511, title VIII, 8105, Nov. 5, 1990, 104 Stat. 1902,
as amended by Pub. L. 102-190, div. A, title X, 1063(b), Dec. 5,
1991, 105 Stat. 1476, provided that:
''(a) Permanent Ceiling on United States Armed Forces in Japan. --
After September 30, 1990, funds appropriated pursuant to an
appropriation contained in this Act or any subsequent Act may not be
used to support an end strength level of all personnel of the Armed
Forces of the United States stationed in Japan at any level in excess of
50,000.
''(b) Annual Reduction in Ceiling Unless Support Furnished. -- Unless
the President certifies to Congress before the end of each fiscal year
that Japan has agreed to offset for that fiscal year the direct costs
incurred by the United States related to the presence of all United
States military personnel in Japan, excluding the military personnel
title costs, the end strength level for that fiscal year of all
personnel of the Armed Forces of the United States stationed in Japan
may not exceed the number that is 5,000 less than such end strength
level for the preceding fiscal year.
''(c) Sense of Congress. -- It is the sense of Congress that all
those countries that share the benefits of international security and
stability should share in the responsibility for that stability and
security commensurate with their national capabilities. The Congress
also recognizes that Japan has made a substantial pledge of financial
support to the effort to support the United Nations Security Council
resolutions on Iraq. The Congress also recognizes that Japan has a
greater economic capability to contribute to international security and
stability than any other member of the international community and
wishes to encourage Japan to contribute commensurate with that
capability.
''(d) Exceptions. -- (1) This section shall not apply in the event of
a declaration of war or an armed attack on Japan.
''(2) The President may waive the limitation in this section for any
fiscal year if he declares that it is in the national interest to do so
and immediately informs Congress of the waiver and the reasons for the
waiver.
''(e) Effective Date. -- This section shall take effect on the date
of enactment of this Act (Nov. 5, 1990).''
Section 1455 of Pub. L. 101-510 provided that:
''(a) Purpose. -- It is the purpose of this section to require Japan
to offset the direct costs (other than pay and allowances for United
States military and civilian personnel) incurred by the United States
related to the presence of United States military personnel in Japan.
''(b) Permanent Ceiling on United States Armed Forces in Japan. --
Funds appropriated pursuant to an authorization contained in this Act or
any subsequent Act may not be used to support an end strength level of
all personnel of the Armed Forces of the United States stationed in
Japan at any level in excess of 50,000.
''(c) Sense of Congress on Allied Burden Sharing. -- (1) Congress
recognizes that Japan has made a substantial pledge of financial support
to the effort to support the United Nations Security Council resolutions
on Iraq.
''(2) It is the sense of Congress that --
''(A) all countries that share the benefits of international security
and stability should, commensurate with their national capabilities,
share in the responsibility for maintaining that security and stability;
and
''(B) given the economic capability of Japan to contribute to
international security and stability, Japan should make contributions
commensurate with that capability.
''(d) Negotiations. -- At the earliest possible date after the date
of the enactment of this Act (Nov. 5, 1990), the President shall enter
into negotiations with Japan for the purpose of achieving an agreement
before September 30, 1991, under which Japan offsets all direct costs
(other than pay and allowances for United States military and civilian
personnel) incurred by the United States related to the presence of all
United States military personnel stationed in Japan.
''(e) Exceptions. -- (1) This section shall not apply in the event of
a declaration of war or an armed attack on Japan.
''(2) This section may be waived by the President if the President --
''(A) declares an emergency or determines that such a waiver is
required by the national security interests of the United States; and
''(B) immediately informs the Congress of the waiver and the reasons
for the waiver.''
Section 901 of Pub. L. 101-510 provided that:
''(a) Reports by the Secretary of Defense. -- (1) The Secretary of
Defense shall submit to Congress a national military strategy report
during each of fiscal years 1992, 1993, and 1994. Each such report
shall be submitted with the Secretary's annual report to Congress for
that year under section 113(j) of title 10, United States Code.
''(b) Matters To Be Covered in Reports. -- Each such report shall
cover a period of at least ten years and shall address the following:
''(1) The threats facing the United States and its allies.
''(2) The degree to which military forces can contribute to the
achievement of national objectives.
''(3) The strategic military plan for applying those forces to the
achievement of national objectives.
''(4) The risk to the national security of the United States and its
allies that ensues.
''(5) The organization and structure of military forces to implement
the strategy.
''(6) The broad mission areas for various components of the forces
and the broad support requirements to implement the strategy.
''(7) The functions for which each military department should
organize, train, and equip forces for the combatant commands responsible
for implementing the strategy.
''(8) The priorities assigned to major weapons and equipment
acquisitions and to research and development programs in order to fill
the needs and eliminate deficiencies of the combatant commands.
''(c) Relationship of Plans to Budget. -- The strategic military
plans and other matters covered by each report shall be fiscally
constrained and shall relate to the current Department of Defense
Multiyear Defense Plan and resource levels projected by the Secretary of
Defense to be available over the period covered by the report.
''(d) Effects of Alternative Budget Levels. -- Each such report shall
also include an assessment of the effect on the risk and the other
components of subsection (b) in the event that (1) an additional
$50,000,000,000 is available in budget authority in the fiscal year
which is addressed by the budget request that the report accompanies,
and (2) budget authority for that fiscal year is reduced by
$50,000,000,000. For these assessments the Secretary of Defense shall
make appropriate assumptions about the funds available for the remainder
of the period covered by the report.
''(e) Role of Chairman of Joint Chiefs of Staff. -- In accordance
with his role as principal military adviser to the Secretary of Defense,
the Chairman of the Joint Chiefs of Staff shall participate fully in the
development of each such report. The Secretary of Defense shall provide
the Chairman such additional guidance as is necessary to enable the
Chairman to develop and recommend fiscally constrained strategic plans
for the Secretary's consideration in accordance with section 153(a)(2)
of title 10, United States Code. In accordance with additional
responsibilities of the Chairman set out in section 153, the Chairman
shall provide recommendations to the Secretary on the other components
of paragraph (2).
''(f) Classification of Reports. -- The reports submitted to Congress
under subsection (a) shall be submitted in both classified and (to the
extent practicable) unclassified versions.''
Section 211(e) of Pub. L. 101-189 provided that: ''Not later than
March 15 of each year, the Secretary of Defense shall submit to the
congressional defense committees a report on the Balanced Technology
Initiative and related matters. Each such report shall include the
following:
''(1) A current assessment of the extent to which advanced
technologies can be used to exploit potential vulnerabilities of hostile
threats to the national security of the United States.
''(2) Identification of each program, project, and activity being
pursued under the Balanced Technology Initiative and, with respect to
each such program, project, and activity, the amount made available
pursuant to this section and the source of such amount.
''(3) For each program, project, and activity for which funds are
made available pursuant to this section, a five-year funding plan that
(A) provides for the allocation of sufficient resources to maintain
adequate progress in research and development under such program,
project, or activity, and (B) specifies the major programmatic and
technical milestones and the schedule for achieving those milestones.
''(4) The status of each program, project, and activity being pursued
under the Balanced Technology Initiative.
''(5) Identification of other on-going or potential research and
development programs, projects, and activities not currently provided
for under this section that should be considered for inclusion under the
Balanced Technology Initiative in order to improve conventional defense
capabilities.
''(6) Identification of the most critical technologies for the
successful development of existing or potential Balanced Technology
Initiative programs, projects, and activities and an assessment of the
current status of those technologies.''
Section 661 of Pub. L. 101-189, which related to establishment by
Secretary of Defense of programs to provide relocation assistance to
members of Armed Forces and their families, was repealed and restated in
section 1056 of this title by Pub. L. 101-510, div. A, title XIV,
1481(c)(1), (3), Nov. 5, 1990, 104 Stat. 1705.
Title XV of div. A of Pub. L. 101-189 provided that:
''SEC. 1501. SHORT TITLE; DEFINITIONS
''(a) Short Title. -- This title may be cited as the 'Military Child
Care Act of 1989'.
''(b) Definitions. -- For purposes of this title:
''(1) The term 'military child development center' means a facility
on a military installation (or on property under the jurisdiction of the
commander of a military installation) at which child care services are
provided for members of the Armed Forces or any other facility at which
such child care services are provided that is operated by the Secretary
of a military department.
''(2) The term 'family home day care' means home-based child care
services that are provided for members of the Armed Forces by an
individual who (A) is certified by the Secretary of the military
department concerned as qualified to provide those services, and (B)
provides those services on a regular basis for compensation.
''(3) The term 'child care employee' means a civilian employee of the
Department of Defense who is employed to work in a military child
development center (regardless of whether the employee is paid from
appropriated funds or nonappropriated funds).
''(4) The term 'child care fee receipts' means those nonappropriated
funds that are derived from fees paid by members of the Armed Forces for
child care services provided at military child development centers.
''SEC. 1502. FUNDING FOR MILITARY CHILD CARE FOR FISCAL YEAR 1990
''(a) Fiscal Year 1990 Funding. -- (1) It is the policy of Congress
that the amount of appropriated funds available during fiscal year 1990
for operating expenses for military child development centers shall not
be less than the amount of child care fee receipts that are estimated to
be received by the Department of Defense during that fiscal year. Of
the amount authorized to be appropriated for the Department of Defense
for fiscal year 1990, $102,000,000 shall be available for operating
expenses for military child development centers.
''(2) In addition to the amount referred to in paragraph (1),
$26,000,000 shall be available for child care and child-related services
of the Department other than military child development centers.
''(3) In using the funds referred to in paragraph (1), the Secretary
shall give priority to --
''(A) increasing the number of child care employees who are directly
involved in providing child care for members of the Armed Forces; and
''(B) expanding the availability of child care for members of the
Armed Forces.
''(b) Funds Derived From Parent Fees To Be Used for Employee
Compensation and Other Child Care Services. -- (1) Except as provided in
paragraph (2), child care fee receipts may be used during fiscal year
1990 only for compensation of child care employees who are directly
involved in providing child care.
''(2) If the Secretary of Defense determines that compliance with the
limitation in paragraph (1) would result in an uneconomical and
inefficient use of such fee receipts, the Secretary may (to the extent
that such compliance would be uneconomical and inefficient) use such
receipts --
''(A) first, for the purchase of consumable or disposable items for
military child development centers; and
''(B) if the requirements of such centers for consumable or
disposable items for fiscal year 1990 have been met, for other expenses
of those centers.
''(c) Report. -- (1) Not later than December 31, 1989, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on how the Secretary
intends to use the funds referred to in subsection (a), including how
the Secretary intends to achieve the priorities specified in paragraph
(3) of that subsection.
''(2) If at the time such report is submitted the Secretary proposes
to use the authority provided by subsection (b)(2), the Secretary shall
include in the report under paragraph (1) a description of the use
proposed to be made of that authority and a statement of the reasons why
the Secretary determined that compliance with the limitation in
subsection (b)(1) would result in an uneconomical and inefficient use of
child care fee receipts, together with supporting cost information and
other information justifying the determination.
''(3) If the Secretary uses such authority after December 31, 1989,
the Secretary shall promptly inform the committees of the use of the
authority and of the reasons for its use.
''SEC. 1503. CHILD CARE EMPLOYEES
''(a) Required Training. -- (1) The Secretary of Defense shall
establish, and prescribe regulations to implement, a training program
for child care employees. Those regulations shall apply uniformly among
the military departments. Subject to paragraph (2), satisfactory
completion of the training program shall be a condition of employment of
any person as a child care employee.
''(2) Under those regulations, the Secretary shall require that each
child care employee complete the training program not later than six
months after the date on which the employee is employed as a child care
employee (except that, in the case of a child care employee hired before
the date on which the training program is established, the Secretary
shall require that the employee complete the program not later than six
months after that date).
''(3) The training program established under this subsection shall
cover, at a minimum, training in the following:
''(A) Early childhood development.
''(B) Activities and disciplinary techniques appropriate to children
of different ages.
''(C) Child abuse prevention and detection.
''(D) Cardiopulmonary resuscitation and other emergency medical
procedures.
''(b) Training and Curriculum Specialists. -- (1) The Secretary of
Defense shall require that at least one employee at each military child
development center be a specialist in training and curriculum
development. The Secretary shall ensure that such employees have
appropriate credentials and experience.
''(2) The duties of such employees shall include the following:
''(A) Special teaching activities at the center.
''(B) Daily oversight and instruction of other child care employees
at the center.
''(C) Daily assistance in the preparation of lesson plans.
''(D) Assistance in the center's child abuse prevention and detection
program.
''(E) Advising the director of the center on the performance of other
child care employees.
''(3) Each employee referred to in paragraph (1) shall be an employee
in a competitive service position.
''(c) Program To Test Competitive Rates of Pay. -- (1) For the
purpose of improving the capability of the Department of Defense to
provide military child development centers with a qualified and stable
civilian workforce, the Secretary of Defense shall conduct a program as
provided in this subsection to increase the compensation of child care
employees. The Secretary shall begin the program not later than six
months after the date of the enactment of this Act (Nov. 29, 1989). The
program shall be in effect for a period of at least two years.
''(2) The program shall apply to all child care employees who --
''(A) are directly involved in providing child care; and
''(B) are paid from nonappropriated funds.
''(3) Under the program, child care employees at a military
installation who are described in paragraph (2) shall be paid --
''(A) in the case of entry-level employees, at rates of pay
competitive with the rates of pay paid to other entry-level employees at
that installation who are drawn from the same labor pool; and
''(B) in the case of other employees, at rates of pay substantially
equivalent to the rates of pay paid to other employees at that
installation with similar training, seniority, and experience.
''(d) Employment Preference Test Program for Military Spouses. -- (1)
The Secretary of Defense shall conduct a test program under which
qualified spouses of members of the Armed Forces shall be given a
preference in hiring for the position of child care employee in a
position paid from nonappropriated funds if the spouse is among persons
determined to be best qualified for the position. A spouse who is
provided a preference under this subsection at a military child
development center may not be precluded from obtaining another
preference, in accordance with section 806 of the Military Family Act of
1985 (Pub. L. 99-145) (10 U.S.C. 113 note), in the same geographical
area as the military child development center.
''(2) The test program under this subsection shall run concurrently
with the program under subsection (c).
''(e) Report on Compensation and Spouse Employment Preference
Programs. -- Not later than March 1, 1991, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and House
of Representatives a report on the programs under subsections (c) and
(d). The report shall include the findings of the Secretary concerning
the effect of each of the programs on the quality of child care provided
in military child development centers and the effect of the spouse
employment preference program on employee turnover at such centers.
''(f) Additional Child Care Positions. -- (1) The Secretary of
Defense shall make available for child care programs of the Department
of Defense, not later than September 30, 1990, at least 1,000
competitive service positions in addition to the number of competitive
service positions in such programs as of September 30, 1989. During
fiscal year 1991, the Secretary shall make available to child care
programs of the Department additional competitive service positions so
that the number of competitive service positions in such programs as of
September 30, 1991, is at least 3,700 greater than the number of
competitive service positions in such programs as of September 30, 1989.
''(2) The Secretary may waive the increase otherwise required by the
second sentence of paragraph (1) to the extent that the Secretary
determines that such increase is not executable. If the Secretary
issues such a waiver, the Secretary shall promptly submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the waiver. Any such report shall specify the number of
such positions waived and the reasons for the waiver.
''(3) The additional positions provided for in paragraph (1), and the
workyears associated with those positions, that are used outside the
United States shall not be counted for purpose of applying any
limitation on the total number of positions or workyears, respectively,
available to the Department of Defense outside the United States (or any
limitation on the availability of appropriated funds for such positions
or workyears for any fiscal year).
''(g) Competitive Service Position Defined. -- For purposes of this
section, the term 'competitive service position' means a position in the
competitive service, as defined in section 2102(a)(1) of title 5, United
States Code.
''SEC. 1504. PARENT FEES
''The Secretary of Defense shall prescribe regulations establishing
fees to be charged parents for the attendance of children at military
child development centers. Those regulations shall be uniform for the
military departments and shall require that, in the case of children who
attend the centers on a regular basis, the fees shall be based on family
income.
''SEC. 1505. CHILD ABUSE PREVENTION AND SAFETY AT FACILITIES
''(a) Child Abuse Task Force. -- The Secretary of Defense shall
establish and maintain a special task force to respond to allegations of
widespread child abuse at a military installation. The task force shall
be composed of personnel from appropriate disciplines, including, where
appropriate, medicine, psychology, and childhood development. In the
case of such allegations, the task force shall provide assistance to the
commander of the installation, and to parents at the installation, in
helping them to deal with such allegations.
''(b) National Hotline. -- (1) The Secretary of Defense shall
establish and maintain a national telephone number for persons to use to
report suspected child abuse or safety violations at a military child
development center or family home day care site. The Secretary shall
ensure that such reports may be made anonymously if so desired by the
person making the report. The Secretary shall establish procedures for
following up on complaints and information received over that number.
''(2) The Secretary shall establish such national telephone number
not later than 90 days after the date of the enactment of this Act (Nov.
29, 1989) and shall publicize the existence of the number.
''(c) Assistance From Local Authorities. -- The Secretary of Defense
shall prescribe regulations requiring that, in a case of allegations of
child abuse at a military child development center or family home day
care site, the commander of the military installation or the head of the
task force established under subsection (a) shall seek the assistance of
local child protective authorities if such assistance is available.
''(d) Safety Regulations. -- The Secretary of Defense shall prescribe
regulations on safety and operating procedures at military child
development centers. Those regulations shall apply uniformly among the
military departments.
''(e) Inspections. -- The Secretary of Defense shall require that
each military child development center be inspected not less often than
four times a year. Each such inspection shall be unannounced. At least
one inspection a year shall be carried out by a representative of the
installation served by the center, and one inspection a year shall be
carried out by a representative of the major command under which that
installation operates.
''(f) Remedies for Violations. -- (1) Except as provided in paragraph
(2), any violation of a safety, health, or child welfare law or
regulation (discovered at an inspection or otherwise) at a military
child development center shall be remedied immediately.
''(2) In the case of a violation that is not life threatening, the
commander of the major command under which the installation concerned
operates may waive the requirement that the violation be remedied
immediately for a period of up to 90 days beginning on the date of the
discovery of the violation. If the violation is not remedied as of the
end of that 90-day period, the military child development center shall
be closed until the violation is remedied. The Secretary of the
military department concerned may waive the preceding sentence and
authorize the center to remain open in a case in which the violation
cannot reasonably be remedied within that 90-day period or in which
major facility reconstruction is required.
''(3) If a military child development center is closed under
paragraph (2), the Secretary of the military department concerned shall
promptly submit to the Committees on Armed Services of the Senate and
House of Representatives a report notifying those committees of the
closing. The report shall include --
''(A) notice of the violation that resulted in the closing and the
cost of remedying the violation; and
''(B) a statement of the reasons why the violation has not been
remedied as of the time of the report.
''(g) Report on Cooperation With Department of Justice. -- (1) The
Secretary of Defense, in consultation with the Attorney General, shall
study matters relating to military child care that are of concern to the
Department of Justice. The matters studied shall include the following:
''(A) Improving communication between the Department of Defense and
the Department of Justice in investigations of child abuse in military
programs and in the coordination of the conduct of such investigations.
''(B) Eliminating overlapping responsibilities between the two
departments.
''(C) Making better use of government and non-government experts in
child abuse investigations and prosecutions.
''(D) Improving communication with affected families by the
Department of Defense, the Department of Justice, and appropriate State
and local agencies.
''(2) Not later than six months after the date of the enactment of
this Act (Nov. 29, 1989), the Secretary of Defense shall submit to
Congress a report on the study required by paragraph (1). The report
shall include recommendations on methods for improving the matters
studied.
''(3) Not later than nine months after the date of the enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report evaluating the findings in the report submitted under
paragraph (2).
''SEC. 1506. PARENT PARTNERSHIPS WITH CHILD DEVELOPMENT CENTERS
''(a) Parent Boards. -- The Secretary of Defense shall require that
there be established at each military child development center a board
of parents, to be composed of parents of children attending the center.
The board shall meet periodically with staff of the center and the
commander of the installation served by the center for the purpose of
discussing problems and concerns. The board, together with the staff of
the center, shall be responsible for coordinating the parent
participation program described in subsection (b).
''(b) Parent Participation Programs. -- The Secretary of Defense
shall require the establishment of a parent participation program at
each military child development center. As part of such program, the
Secretary of Defense may establish fees for attendance of children at
such a center, in the case of parents who participate in the parent
participation program at that center, at rates lower than the rates that
otherwise apply.
''SEC. 1507. REPORT ON FIVE-YEAR DEMAND FOR CHILD CARE
''(a) Report Required. -- Not later than six months after the date of
the enactment of this Act (Nov. 29, 1989), the Secretary of Defense
shall submit to Congress a report on the expected demand for child care
by military and civilian personnel of the Department of Defense during
fiscal years 1991 through 1995.
''(b) Plan for Meeting Demand. -- The report shall include --
''(1) a plan for meeting the expected child care demand identified in
the report; and
''(2) an estimate of the cost of implementing that plan.
''(c) Monitoring of Family Day Care Providers. -- The report shall
also include a description of methods for monitoring family home day
care programs of the military departments.
''SEC. 1508. SUBSIDIES FOR FAMILY HOME DAY CARE
''The Secretary of Defense may use appropriated funds available for
military child care purposes to provide assistance to family home day
care providers so that family home day care services can be provided to
members of the Armed Forces at a cost comparable to the cost of services
provided by military child development centers. The Secretary shall
prescribe regulations for the provision of such assistance.
''SEC. 1509. EARLY CHILDHOOD EDUCATION DEMONSTRATION PROGRAM
''(a) Demonstration Program for Accredited Centers. -- (1) The
Secretary of Defense shall carry out a program to demonstrate the effect
on the development of preschool children of requiring that military
child development centers meet standards of operation necessary for
accreditation by an appropriate national early childhood programs
accrediting body. To carry out such demonstration program, the
Secretary shall ensure that not later than June 1, 1991, at least 50
military child development centers are accredited by such an appropriate
national early childhood accrediting body.
''(2) Each military child development center so accredited shall be
designated as an early childhood education demonstration project and
shall serve as a program model for other military child development
centers and family home day care providers at military installations.
''(b) Plan for Implementation. -- Not later than April 1, 1990, the
Secretary shall submit to the Committees on Armed Services of the Senate
and House of Representatives a plan for carrying out the requirements of
subsection (a).
''(c) Evaluation. -- The Secretary shall obtain an independent
evaluation of the demonstration program carried out under subsection (a)
to determine the extent to which the imposition of a requirement that
military child development centers meet accreditation standards
effectively promotes the development of preschool children of members of
the Armed Forces. The Secretary shall report the results of the
evaluation to Congress, together with such comments and recommendations
as the Secretary considers appropriate, not later than July 15, 1992.
''SEC. 1510. DEADLINE FOR REGULATIONS
''Regulations required to be prescribed by this title shall be
prescribed not later than 90 days after the date of the enactment of
this Act (Nov. 29, 1989).''
Section 1102 of Pub. L. 100-456, which designated the Department of
Defense as the single lead agency of the Federal Government for
detection and monitoring of aerial and maritime transit of illegal drugs
into the United States, was repealed and restated as section 124 of this
title by Pub. L. 101-189, div. A, title XII, 1202(a)(1), (b), Nov.
29, 1989, 103 Stat. 1563.
Section 1309 of Pub. L. 100-456, which directed Secretary of Defense
to submit to Congress annual reports assessing security at United States
military facilities in Republic of Philippines, was repealed by Pub. L.
102-484, div. A, title X, 1074, Oct. 23, 1992, 106 Stat. 2511.
Resulting in More Balanced Sharing of Defense and
Foreign Assistance Spending Burdens by United States
and Allies; Appointment of Ambassador at Large;
Reports to Congress; Limitation on Active Duty Armed
Forces Members in Japan and Republic of Korea
Pub. L. 100-463, title VIII, 8125, Oct. 1, 1988, 102 Stat.
2270-41, as amended by Pub. L. 101-189, div. A, title XVI, 1623, Nov.
29, 1989, 103 Stat. 1606, provided that:
''(a)(1) Not later than March 1, 1989, the Secretary of Defense shall
submit to Congress a report on the assignment of military missions among
the member countries of North Atlantic Treaty Organization (NATO) and on
the prospects for the more effective assignment of such missions among
such countries.
''(2) The report shall include a discussion of the following:
''(A) The current assignment of military missions among the member
countries of NATO.
''(B) Military missions for which there is duplication of capability
or for which there is inadequate capability within the current
assignment of military missions within NATO.
''(C) Alternatives to the current assignment of military missions
that would maximize the military contributions of the member countries
of NATO.
''(D) Any efforts that are underway within NATO or between individual
member countries of NATO at the time the report is submitted that are
intended to result in a more effective assignment of military missions
within NATO.
''(b) The Secretary of Defense and the Secretary of State shall (1)
conduct a review of the long-term strategic interests of the United
States overseas and the future requirements for the assignment of
members of the Armed Forces of the United States to permanent duty
ashore outside the United States, and (2) determine specific actions
that, if taken, would result in a more balanced sharing of defense and
foreign assistance spending burdens by the United States and its allies.
Not later than August 1, 1989, the Secretary of Defense and the
Secretary of State shall transmit to Congress a report containing the
findings resulting from the review and their determinations.
''(c) The President shall appoint an Ambassador at Large responsible
to the President who shall have the responsibility for ensuring a more
balanced sharing of defense costs by the NATO members, Japan, the
Republic of Korea, and other countries allied to the United States.
Such responsibilities shall include negotiations for burdensharing,
including increased in-kind and financial support by such countries for
Department of Defense military units and personnel assigned to permanent
duty ashore outside the United States in support of the security of such
countries, and multi-lateral foreign assistance costs. The Ambassador
at Large should review (1) trade restrictions that require German
utilities to purchase German-produced coal to the exclusion of foreign
coal, including United States coal, and (2) the extent to which the tax
on electricity used to subsidize German coal producers is borne by
American military installations, American military dependents, or
American civilians who support our military installations. The
Ambassador at Large should prepare an economic analysis on the
comparison of using German versus United States coal at defense
facilities in Europe. This analysis should address the issues of all
direct subsidies provided on German coal and restrictions imposed on
imported coal and should be submitted to the Secretaries of Defense,
State, and Commerce for use in their study on the economic benefits of
using coal at defense facilities in Europe.
''(d) The President shall specify (separately by appropriation
account) in the Department of Defense items included in each budget
submitted to Congress under section 1105 of title 31, United States
Code, (1) the amounts necessary for payment of all personnel,
operations, maintenance, facilities, and support costs for Department of
Defense overseas military units, and (2) the costs for all dependents
who accompany Department of Defense personnel outside the Unied (sic)
States.
''(e) Not later than May 1, 1989, the Secretary of Defense shall
submit to the Committees on Armed Services and on Appropriations of the
Senate and the House of Representatives a report that sets forth the
total costs required to support the dependents who accompany Department
of Defense personnel assigned to permanent duty overseas.
''(f) As of September 30 of each fiscal year, the number of members
of the Armed Forces on active duty assigned to permanent duty ashore in
Japan and the Republic of Korea may not exceed 94,450 (the number of
members of the Armed Forces on active duty assigned to permanent duty
ashore in Japan and the Republic of Korea on September 30, 1987). The
limitation in the preceding sentence may be increased if and when (1) a
major reduction of United States forces in the Republic of the
Philippines is required because of a loss of basing rights in that
nation, and (2) the President determines and certifies to Congress that,
as a consequence of such loss, an increase in United States forces
stationed in Japan and the Republic of Korea is necessary.
''(g)(1) After fiscal year 1990, budget submissions to Congress under
section 1105 of title 31, United States Code, shall identify funds
requested for Department of Defense personnel and units in permanent
duty stations ashore outside the United States that exceed the amount of
such costs incurred in fiscal year 1989 and shall set forth a detailed
description of (A) the types of expenditures increased, by appropriation
account, activity and program; and (B) specific efforts to obtain
allied host nations' financing for these cost increases.
''(2) The Secretary of Defense shall notify in advance the Committees
on Appropriations and Armed Services of the Senate and House of
Representatives, through existing notification procedures, when costs of
maintaining Department of Defense personnel and units in permanent duty
stations ashore outside the United States will exceed the amounts as
defined in the Department of Defense budget as enacted for that fiscal
year. Such notification shall describe: (A) the type of expenditures
that increased; and (B) the source of funds (including prior year
unobligated balances) by appropriation account, activity and program,
proposed to finance these costs.
''(3) In computing the costs incurred for maintaining Department of
Defense personnel and forces in permanent duty stations ashore outside
the United States compared with the amount of such costs incurred in
fiscal year 1989, the Secretary shall --
''(A) exclude increased costs resulting from increases in the rates
of pay provided for members of the Armed Forces and civilian employees
of the United States Government and exclude any cost increases in
supplies and services resulting from inflation; and
''(B) include (i) the costs of operation and maintenance and of
facilities for the support of Department of Defense overseas personnel,
and (ii) increased costs resulting from any decline in the foreign
exchange rate of the United States dollar.
''(h) The provisions of subsections (f) and (g) shall not apply in
time of war or during a national emergency declared by the President or
Congress.
''(i) In this section --
''(1) the term 'personnel' means members of the Armed Forces of the
United States and civilian employees of the Department of Defense;
''(2) the term 'Department of Defense overseas personnel' means those
Department of Defense personnel who are assigned to permanent duty
ashore outside the United States; and
''(3) the term 'United States' includes the District of Columbia, the
Commonwealth of Puerto Rico, and the territories and possessions of the
United States.''
Pub. L. 100-202, 101(b) (title VIII, 8042), Dec. 22, 1987, 101
Stat. 1329-43, 1329-69, which required Secretary of Defense to submit
annual report on full costs of stationing United States troops overseas,
etc., was repealed and restated in subsec. (k) of this section by Pub.
L. 100-370, 1(o), July 19, 1988, 102 Stat. 851.
Section 637 of Pub. L. 100-180 provided that: ''Not later than 60
days after the date of the enactment of this Act (Dec. 4, 1987), the
Secretary of Defense shall prescribe regulations to establish the policy
that --
''(1) the decision by a spouse of a member of the Armed Forces to be
employed or to voluntarily participate in activities relating to the
Armed Forces should not be influenced by the preferences or requirements
of the Armed Forces; and
''(2) neither such decision nor the marital status of a member of the
Armed Forces should have an effect on the assignment or promotion
opportunities of the member.''
Section 638 of Pub. L. 100-180, as amended by Pub. L. 101-189, div.
A, title VI, 662, Nov. 29, 1989, 103 Stat. 1465; Pub. L. 101-510,
div. A, title XIV, 1484(l)(1), Nov. 5, 1990, 104 Stat. 1719,
provided that:
''(a) Test Program. -- The Secretary of Defense shall carry out a
test program under which a member of the Armed Forces under the
jurisdiction of the Secretary may be reimbursed, as provided in this
section, for qualifying adoption expenses incurred by the member. The
Secretary of Transportation shall carry out a similar test program under
which a member of the Coast Guard may be reimbursed, as provided in this
section, for qualifying adoption expenses incurred by the member.
''(b) Adoptions Covered. -- An adoption for which expenses may be
reimbursed under this section includes an adoption by a single person,
an infant adoption, an intercountry adoption, and an adoption of a child
with special needs (as defined in section 473(c) of the Social Security
Act (42 U.S.C. 673(c)).
''(c) Benefits Paid After Adoption is Final. -- Benefits paid under
this section in the case of an adoption may be paid only after the
adoption is final.
''(d) Treatment of Other Benefits. -- A benefit may not be paid under
this section for any expense paid to or for a member of the Armed Forces
under any other adoption benefits program administered by the Federal
Government or under any such program administered by a State or local
government.
''(e) Limitations. -- (1) Not more than $2,000 may be paid to a
member of the Armed Forces under this section for expenses incurred in
the adoption of a child.
''(2) Not more than $5,000 may be paid to a member of the Armed
Forces under this section for adoptions by such member in any calendar
year.
''(f) Regulations. -- The Secretary of Defense shall prescribe
regulations to carry out this section with respect to members of the
Armed Forces under the Secretary's jurisdiction. The Secretary of
Transportation shall prescribe regulations to carry out this section
with respect to members of the Coast Guard.
''(g) Definitions. -- In this section:
''(1) The term 'qualifying adoption expenses' means reasonable and
necessary expenses that are directly related to the legal adoption of a
child under 18 years of age, but only if such adoption is arranged --
''(A) by a State or local government agency which has responsibility
under State or local law for child placement through adoption;
''(B) by a nonprofit, voluntary adoption agency which is authorized
by State or local law to place children for adoption; or
''(C) through a private placement.
''(2) The term 'qualifying adoption expenses' does not include any
expense incurred --
''(A) for any travel performed outside the United States by an
adopting parent, unless such travel --
''(i) is required by law as a condition of a legal adoption in the
country of the child's origin, or is otherwise necessary for the purpose
of qualifying for the adoption of a child;
''(ii) is necessary for the purpose of assessing the health and
status of the child to be adopted; or
''(iii) is necessary for the purpose of escorting the child to be
adopted to the United States or the place where the adopting member of
the Armed Forces is stationed; or
''(B) in connection with an adoption arranged in violation of
Federal, State, or local law.
''(3) The term 'reasonable and necessary expenses' includes --
''(A) public and private agency fees, including adoption fees charged
by an agency in a foreign country;
''(B) placement fees, including fees charged adoptive parents for
counseling;
''(C) legal fees, including court costs;
''(D) medical expenses, including hospital expenses of a newborn
infant, for medical care furnished the adopted child before the
adoption, and for physical examinations for the adopting parents;
''(E) expenses relating to pregnancy and childbirth for the
biological mother, including counseling, transportation, and maternity
home costs;
''(F) temporary foster care charges when payment of such charges is
required to be made immediately before the child's placement; and
''(G) except as provided in paragraph (2)(A), transportation expenses
relating to the adoption.
''(h) Duration of Test Program. -- The test program under this
section shall apply with respect to qualifying adoption expenses
incurred for adoption proceedings initiated --
''(1) in the case of a member of the Army, Navy, Air Force, or Marine
Corps, after September 30, 1987, and before October 1, 1990; and
''(2) in the case of a member of the Coast Guard, after September 30,
1989, and before October 1, 1990.''
Section 1121 of Pub. L. 100-180, provided that:
''(a) Authority for Program. -- The Secretary of Defense may carry
out a program for the administration of counterintelligence polygraph
examinations to persons described in subsection (b). The program shall
be based on Department of Defense Directive 5210.48, dated December 24,
1984.
''(b) Persons Covered. -- Except as provided in subsection (d), the
following persons whose duties involve access to information that has
been classified at the level of top secret or designated as being within
a special access program under section 4.2(a) of Executive Order 12356
(set out as a note under section 401 of Title 50, War and National
Defense) (or a successor Executive order) are subject to this section:
''(1) Military and civilian personnel of the Department of Defense.
''(2) Personnel of defense contractors.
''(c) Limitation on Number of Examinations. -- The number of
counterintelligence polygraph examinations that may be administered
under this section --
''(1) may not exceed 10,000 during each of fiscal years 1988, 1989,
and 1990; and
''(2) may not exceed 5,000 during any fiscal year after fiscal year
1990 for which a specific number is not otherwise provided by law.
''(d) Exceptions From Coverage for Certain Intelligence Agencies and
Functions. -- This section does not apply --
''(1) to a person assigned or detailed to the Central Intelligence
Agency or to an expert or consultant under a contract with the Central
Intelligence Agency;
''(2) to (A) a person employed by or assigned or detailed to the
National Security Agency, (B) an expert or consultant under contract to
the National Security Agency, (C) an employee of a contractor of the
National Security Agency, or (D) a person applying for a position in the
National Security Agency;
''(3) to a person assigned to a space where sensitive cryptographic
information is produced, processed, or stored; or
''(4) to a person employed by, or assigned or detailed to, an office
within the Department of Defense for the collection of specialized
national foreign intelligence through reconnaissance programs or a
contractor of such an office.
''(e) Polygraph Research Program. -- The Secretary of Defense shall
carry out a continuing research program to support the polygraph
activities of the Department of Defense. The program shall include --
''(1) an on-going evaluation of the validity of polygraph techniques
used by the Department;
''(2) research on polygraph countermeasures and anti-countermeasures;
and
''(3) developmental research on polygraph techniques,
instrumentation, and analytic methods.
''(f) Annual Report on Polygraph Programs. -- (1) Not later than
January 15 of each year, the Secretary of Defense shall submit to
Congress a report on polygraph examinations administered by or for the
Department of Defense during the previous fiscal year (whether
administered under this section or any other authority).
''(2) Each such report shall include the following with regard to the
program authorized by subsection (a):
''(A) A statement of the number of polygraph examinations
administered by or for the Department of Defense during such fiscal
year.
''(B) A description of the purposes and results of such examinations.
''(C) A description of the criteria used for selecting programs and
persons for such examination.
''(D) A statement of the number of persons who refused to submit to
such an examination and a description of the actions taken as a result
of the refusals.
''(E) A statement of the number of persons for which such an
examination indicated deception and the action taken as a result of the
examinations.
''(F) A detailed accounting of those cases in which more than two
such examinations were needed to attempt to resolve discrepancies and
those cases in which the examination of a person extended over more than
one day.
''(3) Each such report shall also include the following:
''(A) A description of any plans to expand the use of polygraph
examinations in the Department of Defense.
''(B) A discussion of any plans of the Secretary for recruiting and
training additional polygraph operators together with statistical data
on the employment turnover of Department of Defense polygraph operators.
''(C) A description of the results during the preceding fiscal year
of the research program under subsection (e).
''(D) A statement of the number of polygraph examinations
administered to persons described in subsection (d) (which number may be
set forth in a classified annex to the report).
''(g) Repeal. -- Section 1221 of the Department of Defense
Authorization Act, 1986 (Public Law 99-145; 99 Stat. 726) (not
classified to the Code), is repealed.
''(h) Effective Date. -- This section shall take effect as of October
1, 1987.''
Pub. L. 99-661, div. A, title VI, 612, Nov. 14, 1986, 100 Stat.
3878, provided that: ''The Secretary of each military department shall
establish procedures to ensure that, to the maximum extent practicable
within operational and other military requirements, permanent change of
station moves for members of the Armed Forces under the jurisdiction of
the Secretary who have dependents in elementary or secondary school
occur at times that avoid disruption of the school schedules of such
dependents.''
Pub. L. 99-500, 101(c) (title X, 955), Oct. 18, 1986, 100 Stat.
1783-82, 1783-173, and Pub. L. 99-591, 101(c) (title X, 955), Oct.
30, 1986, 100 Stat. 3341-82, 3341-173; Pub. L. 99-661, div. A, title
IX, formerly title IV, 955, Nov. 14, 1986, 100 Stat. 3953, renumbered
title IX, Pub. L. 100-26, 3(5), Apr. 21, 1987, 101 Stat. 273, which
provided that in preparing the defense budget for any fiscal year, the
Secretary of Defense was to specifically identify each common
procurement weapon system included in the budget, take all feasible
steps to minimize variations in procurement unit costs for any such
system as shown in the budget requests of the different armed forces
requesting procurement funds for the system, and identify and justify in
the budget all such variations in procurement unit costs for common
procurement weapon systems, and that the Secretary of Defense carry out
this section through the Assistant Secretary of Defense (Comptroller),
was repealed and restated in section 2217 of this title by Pub. L.
100-370, 1(d)(3), July 19, 1988, 102 Stat. 843.
Section 405 of Pub. L. 99-433 provided that: ''The Secretary of
Defense shall include in the annual report of the Secretary to Congress
under section 113(c) of title 10, United States Code (as redesignated by
section 101(a)), for each year from 1987 through 1991 a detailed report
on the implementation of this title and the amendments made by this
title (enacting chapter 38 of this title, amending sections 601, 612,
615, 618, and 619 of this title, and enacting provisions set out as
notes under sections 113, 612, 661, 663, and 664 of this title).''
Section 406(g) of Pub. L. 99-433 provided that: ''The first report
submitted by the Secretary of Defense after the date of the enactment of
this Act (Oct. 1, 1986) under section 113(c) of title 10, United States
Code (as redesignated by section 101), shall contain as much of the
information required by section 667 of such title (as added by section
401) as is available to the Secretary at the time of the preparation of
the report.''
Pub. L. 99-399, title XI, Aug. 27, 1986, 100 Stat. 894, provided
that:
''SEC. 1101. FINDINGS.
''The Congress finds that --
''(1) there is evidence that terrorists consider bases and
installations of United States Armed Forces outside the United States to
be targets for attack;
''(2) more attention should be given to the protection of members of
the Armed Forces, and members of their families, stationed outside the
United States; and
''(3) current programs to educate members of the Armed Forces, and
members of their families, stationed outside of the United States to the
threats of terrorist activity and how to protect themselves should be
substantially expanded.
''SEC. 1102. RECOMMENDED ACTIONS BY THE SECRETARY OF DEFENSE.
''It is the sense of the Congress that --
''(1) the Secretary of Defense should review the security of each
base and installation of the Department of Defense outside the United
States, including the family housing and support activities of each such
base or installation, and take the steps the Secretary considers
necessary to improve the security of such bases and installations; and
''(2) the Secretary of Defense should institute a program of training
for members of the Armed Forces, and for members of their families,
stationed outside the United States concerning security and
antiterrorism.
''SEC. 1103. REPORT TO THE CONGRESS.
''No later than June 30, 1987, the Secretary of Defense shall report
to the Congress on any actions taken by the Secretary described in
section 1102.''
Pub. L. 99-145, title VI, 685(a), (b), (d), Nov. 8, 1985, 99 Stat.
666, provided that:
''(a) Required Surcharge. -- The Secretary of Defense shall require
that each time a sale is recorded at a military animal disease
prevention and control center the person to whom the sale is made shall
be charged a surcharge of $2.
''(b) Deposit of Receipts in Treasury. -- Amounts received from
surcharges under this section shall be deposited in the Treasury in
accordance with section 3302 of title 31.''
''(d) Effective Date. -- This section shall take effect on October 1,
1985.''
Pub. L. 98-94, title X, 1033, Sept. 24, 1983, 97 Stat. 672, as
amended by Pub. L. 98-525, title VI, 656, Oct. 19, 1984, 98 Stat.
2553, which, effective Oct. 1, 1985, required payment by a member of
the Armed Forces of a $10 fee for veterinary services, was repealed by
Pub. L. 99-145, title VI, 685(c), (d), Nov. 8, 1985, 99 Stat. 666,
effective Oct. 1, 1985.
Pub. L. 99-145, title VIII, Nov. 8, 1985, 99 Stat. 678, as amended
by Pub. L. 99-661, div. A, title VI, 653, Nov. 14, 1986, 100 Stat.
3890; Pub. L. 100-180, div. A, title VI, 635, Dec. 4, 1987, 101
Stat. 1106; Pub. L. 100-456, div. A, title V, 524, Sept. 29, 1988,
102 Stat. 1975, provided that:
''SEC. 801. SHORT TITLE
''This title may be cited as the 'Military Family Act of 1985'.
''SEC. 802. OFFICE OF FAMILY POLICY
''(a) Establishment. -- There is hereby established in the Office of
the Secretary of Defense an Office of Family Policy (hereinafter in this
section referred to as the 'Office'). The Office shall be under the
Assistant Secretary of Defense for Force Management and Personnel.
''(b) Duties. -- The Office --
''(1) shall coordinate programs and activities of the military
departments to the extent that they relate to military families; and
''(2) shall make recommendations to the Secretaries of the military
departments with respect to programs and policies regarding military
families.
''(c) Staff. -- The Office shall have not less than five professional
staff members.
''(d) Report. -- The Secretary of Defense shall submit a report to
Congress concerning the Office no later than September 30, 1986. The
report shall include --
''(1) a description of the activities of the Office and the
composition of its staff; and
''(2) the recommendations of the Office for legislative and
administrative action to enhance the well-being of military families.
''SEC. 803. TRANSFER OF MILITARY FAMILY RESOURCE CENTER
''The Military Family Resource Center of the Department of Defense is
hereby transferred from the Office of the Assistant Secretary of Defense
for Health Affairs to the Office of the Assistant Secretary for Force
Management and Personnel.
''SEC. 804. SURVEYS OF MILITARY FAMILIES
''The Secretary of Defense may conduct surveys of members of the
Armed Forces serving on active duty, members of the families of such
members, and retired members of the Armed Forces to determine the
effectiveness of existing Federal programs relating to military families
and the need for new programs. Responses to surveys conducted under
this section shall be voluntary. With respect to such surveys, family
members of members of the Armed Forces and retired members of the Armed
Forces shall be considered to be employees of the United States for
purposes of section 3502(4)(A) of title 44, United States Code.
''SEC. 805. FAMILY MEMBERS SERVING ON ADVISORY COMMITTEES
''A committee within the Department of Defense which advises or
assists the Department in the performance of any function which affects
members of military families and which includes members of military
families in its membership shall not be considered an advisory committee
under section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)
solely because of such membership.
''SEC. 806. EMPLOYMENT OPPORTUNITIES FOR MILITARY SPOUSES
''(a) Authority. -- The President shall order such measures as the
President considers necessary to increase employment opportunities for
spouses of members of the Armed Forces. Such measures may include --
''(1) excepting, pursuant to section 3302 of title 5, United States
Code, from the competitive service positions in the Department of
Defense located outside of the United States to provide employment
opportunities for qualified spouses of members of the Armed Forces in
the same geographical area as the permanent duty station of the members;
and
''(2) providing preference in hiring for positions in nonappropriated
fund activities to qualified spouses of members of the Armed Forces
stationed in the same geographical area as the nonappropriated fund
activity for positions in wage grade UA-8 and below and equivalent
positions and for positions paid at hourly rates.
''(b) Regulations. -- The Secretary of Defense shall prescribe
regulations --
''(1) to implement such measures as the President orders under
subsection (a);
''(2) to provide preference to qualified spouses of members of the
Armed Forces in hiring for any civilian position in the Department of
Defense if the spouse is among persons determined to be best qualified
for the position and if the position is located in the same geographical
area as the permanent duty station of the member;
''(3) to ensure that notice of any vacant position in the Department
of Defense is provided in a manner reasonably designed to reach spouses
of members of the Armed Forces whose permanent duty stations are in the
same geographic area as the area in which the position is located; and
''(4) to ensure that the spouse of a member of the Armed Forces who
applies for a vacant position in the Department of Defense shall, to the
extent practicable, be considered for any such position located in the
same geographic area as the permanent duty station of the member.
''(c) Status of Preference Eligibles. -- Nothing in this section
shall be construed to provide a spouse of a member of the Armed Forces
with preference in hiring over an individual who is a preference
eligible.
(Amended Pub. L. 99-661, div. A, title VI, 653, Nov. 14, 1986, 100
Stat. 3890.)
''SEC. 807. YOUTH SPONSORSHIP PROGRAM
''The Secretary of Defense shall direct that there be established at
each military installation a youth sponsorship program to facilitate the
integration of dependent children of members of the Armed Forces into
new surroundings when moving to that military installation as a result
of a parent's permanent change of station. Such a program shall, to the
extent feasible, provide for involvement of dependent children of
members presently stationed at the military installation.
''SEC. 808. DEPENDENT STUDENT TRAVEL WITHIN THE UNITED STATES
''Funds available to the Department of Defense for the travel and
transportation of dependent students of members of the Armed Forces
stationed overseas may be obligated for transportation allowances for
travel within or between the contiguous States.
''SEC. 809. RELOCATION AND HOUSING
''(a) Relocation Assistance. -- The Secretary of Defense shall submit
to Congress a report on the desirability and feasibility of providing
relocation assistance to members of the uniformed services and their
families through contracts entered into by the Department of Defense
with firms which provide such assistance to individuals. Such report
shall be submitted not later than March 1, 1986.
''(b) Amortization Period for Parking Facilities for House Trailers
and Mobile Homes. -- Section 403(k) of title 37, United States Code, is
amended by striking out '15-year period' and inserting in lieu thereof
'25-year period'.
''(c) Cost of Unaccompanied Personnel Housing for Members of
Uniformed Service. -- Section 5911 of title 5, United States Code, is
amended by adding at the end thereof the following new subsection:
'''(h) A member of the uniformed service on a permanent change of
duty station or temporary duty orders and occupying unaccompanied
personnel housing --
'''(1) is exempt from the requirement of subsection (c) to pay a
rental rate or charge based on the reasonable value of the quarters and
facilities provided; and
'''(2) shall pay such lesser rate or charge as the Secretary of
Defense establishes by regulation.'.
''SEC. 810. FOOD PROGRAMS
''(a) Food Costs for Certain Enlisted Members. -- Section 1011 of
title 37, United States Code, is amended by adding at the end thereof
the following new subsection:
'''(c) Spouses and dependent children of enlisted members in pay
grades E-1, E-2, E-3, and E-4 may not be charged for meals sold at
messes in excess of a level sufficient to cover food costs.'.
''(b) Report on Issuance of Food Stamps Coupons to Overseas
Households of Members Stationed Outside the United States. -- (1) The
Secretary of Defense shall submit to Congress a report on the
feasibility of having the Department issue food stamp coupons to
overseas households of members stationed outside the United States.
''(2) The report shall include --
''(A) an estimate of the cost of providing the coupons; and
''(B) legislative and administrative recommendations for providing
for the issuance of the coupons.
''(3) The report shall be submitted not later than December 31, 1985.
''SEC. 811. REPORTING OF CHILD ABUSE
''(a) In General. -- The Secretary of Defense shall request each
State to provide for the reporting to the Secretary of any report the
State receives of known or suspected instances of child abuse and
neglect in which the person having care of the child is a member of the
Armed Forces (or the spouse of the member).
''(b) Definition. -- For purposes of this section the term 'child
abuse and neglect' shall have the same meaning as provided in section
3(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5102).
''SEC. 812. MISCELLANEOUS REPORTING REQUIREMENTS
''(a) Housing Availability. -- (1) The Secretary of Defense shall
submit to Congress a report on the availability and affordability of
off-base housing for members of the Armed Forces and their families.
''(2) The report shall --
''(A) examine the availability of affordable housing for each pay
grade and for all geographic areas within the United States and for
appropriate overseas locations; and
''(B) examine the relocation assistance provided by the Department of
Defense incident to a permanent change of station by a member of the
Armed Forces in locating housing at the member's new duty station and in
disposing of housing at the member's old duty station.
''(3) The report shall be submitted within one year after the date of
the enactment of this Act (Nov. 8, 1985).
''(b) Need for Assistance to Dependents Entering New Secondary
Schools. -- The Secretary of Defense shall submit to Congress a report
recommending administrative and legislative action to assist families of
members of the Armed Forces making a permanent change of station so that
a dependent child who transfers between secondary schools with different
graduation requirements is not subjected to unnecessary disruptions in
education or inequitable, unduly burdensome, or duplicative education
requirements. Such report shall be submitted within one year after the
date of the enactment of this Act (Nov. 8, 1985).
''SEC. 813. EFFECTIVE DATE
''This title shall take effect on October 1, 1985.''
Pub. L. 99-145, title XII, 1212, Nov. 8, 1985, 99 Stat. 726, as
amended by Pub. L. 101-189, div. A, title V, 518, Nov. 29, 1989, 103
Stat. 1443, provided that:
''(a) No solicitation, contract, or agreement for the provision of
off-duty postsecondary education services for members of the Armed
Forces of the United States, civilian employees of the Department of
Defense, or the dependents of such members or employees may discriminate
against or preclude any accredited academic institution authorized to
award one or more associate degrees from offering courses within its
lawful scope of authority solely on the basis of such institution's lack
of authority to award a baccalaureate degree.
''(b) No solicitation, contract, or agreement for the provision of
off-duty postsecondary education services for members of the Armed
Forces of the United States, civilian employees of the Department of
Defense, or the dependents of such members or employees, other than
those for services at the graduate or postgraduate level, may limit the
offering of such services or any group, category, or level of courses to
a single academic institution. However, nothing in this section shall
prohibit such actions taken in accordance with regulations of the
Secretary of Defense which are uniform for all armed services as may be
necessary to avoid unnecessary duplication of offerings, consistent with
the purpose of this provision of ensuring the availability of
alternative offerors of such services to the maximum extent feasible.
''(c)(1) The Secretary of Defense shall conduct a study to determine
the current and future needs of members of the Armed Forces, civilian
employees of the Department of Defense, and the dependents of such
members and employees for postsecondary education services at overseas
locations. The Secretary shall determine on the basis of the results of
that study whether the policies and procedures of the Department in
effect on the date of the enactment of the Department of Defense
Authorization Act for Fiscal Years 1990 and 1991 (probably means date of
enactment of Pub. L. 101-189, Nov. 29, 1989) with respect to the
procurement of such services are --
''(A) consistent with the provisions of subsections (a) and (b);
''(B) adequate to ensure the recipients of such services the benefit
of a choice in the offering of such services; and
''(C) adequate to ensure that persons stationed at geographically
isolated military installations or at installations with small
complements of military personnel are adequately served.
The Secretary shall complete the study in such time as necessary to
enable the Secretary to submit the report required by paragraph (2)(A)
by the deadline specified in that paragraph.
''(2)(A) The Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
results of the study referred to in paragraph (1), together with a copy
of any revisions in policies and procedures made as a result of such
study. The report shall be submitted not later than March 1, 1990.
''(B) The Secretary shall include in the report an explanation of how
determinations are made with regard to --
''(i) affording members, employees, and dependents a choice in the
offering of courses of postsecondary education; and
''(ii) whether the services provided under a contract for such
services should be limited to an installation, theater, or other
geographic area.
''(3)(A) Except as provided in subparagraph (B), no contract for the
provision of services referred to in subsection (a) may be awarded, and
no contract or agreement entered into before the date of the enactment
of this paragraph (Nov. 29, 1989) may be renewed or extended on or after
such date, until the end of the 60-day period beginning on the date on
which the report referred to in paragraph (2)(A) is received by the
committees named in that paragraph.
''(B) A contract or an agreement in effect on October 1, 1989, for
the provision of postsecondary education services in the European
Theater for members of the Armed Forces, civilian employees of the
Department of Defense, and the dependents of such members and employees
may be renewed or extended without regard to the limitation in
subparagraph (A).
''(C) In the case of a contract for services with respect to which a
solicitation is pending on the date of the enactment of this paragraph
(Nov. 29, 1989), the contract may be awarded --
''(i) on the basis of the solicitation as issued before the date of
the enactment of this paragraph;
''(ii) on the basis of the solicitation issued before the date of the
enactment of this paragraph modified so as to conform to any changes in
policies and procedures the Secretary determines should be made as a
result of the study required under paragraph (1); or
''(iii) on the basis of a new solicitation.
''(d) Nothing in this section shall be construed to require more than
one academic institution to be authorized to offer courses aboard a
particular naval vessel.''
Pub. L. 99-145, title XIV, 1407, Nov. 8, 1985, 99 Stat. 745, which
required reports on unobligated balances, was repealed by Pub. L.
99-661, div. A, title XIII, 1307(b), Nov. 14, 1986, 100 Stat. 3981.
See section 2215 of this title.
Pub. L. 99-145, title XIV, 1456, Nov. 8, 1985, 99 Stat. 762, which
directed Secretary of Defense to monitor capability of domestic textile
and apparel industrial base to support defense mobilization requirements
and to make annual reports to Congress on status of such industrial
base, was repealed and restated in section 2510 of this title by Pub.
L. 101-510, div. A, title VIII, 826(a)(1), (b), Nov. 5, 1990, 104
Stat. 1605, 1606.
Pub. L. 99-85, Aug. 8, 1985, 99 Stat. 286, provided: ''That the
Secretary of Defense may provide to the Soviet Union, as provided in the
Exchange of Notes Between the United States of America and the Union of
Soviet Socialist Republics Concerning the Direct Communications Link
Upgrade, concluded on July 17, 1984, such equipment and services as may
be necessary to upgrade or maintain the Soviet Union part of the Direct
Communications Link agreed to in the Memorandum of Understanding between
the United States and the Soviet Union signed June 20, 1963. The
Secretary shall provide such equipment and services to the Soviet Union
at the cost thereof to the United States.
''Sec. 2. (a) The Secretary of Defense may use any funds available to
the Department of Defense for the procurement of the equipment and
providing the services referred to in the first section.
''(b) Funds received from the Soviet Union as payment for such
equipment and services shall be credited to the appropriate account of
Department of Defense.''
Pub. L. 97-252, title XI, 1110, Sept. 8, 1982, 96 Stat. 747, which
provided that none of funds appropriated pursuant to an authorization of
appropriations could be used for purpose of consolidating any functions
being performed on Sept. 8, 1982, by Military Traffic Management
Command of Army, Military Sealift Command of Navy, or Military Airlift
Command of Air Force with any function being performed on such date by
either or both of the other commands, was repealed by Pub. L. 99-433,
title II, 213(a), Oct. 1, 1986, 100 Stat. 1018.
Pub. L. 97-86, title IX, 918, Dec. 1, 1981, 95 Stat. 1132,
directed Secretary of Defense, not later than January 15, 1982 and 1983,
to submit to Congress reports containing recommendations to improve
efficiency and management of, and to eliminate waste, fraud, abuse, and
mismanagement in, operation of Department of Defense, and to include
each recommendation by Comptroller General since Jan. 1, 1979, for
elimination of waste, fraud, abuse, or mismanagement in Department of
Defense with a statement as to which have been adopted and, to extent
practicable actual and projected cost savings from each, and which have
not been adopted and, to extent practicable, projected cost savings from
each and an explanation of why each such recommendation was not adopted.
Use
Pub. L. 94-431, title VI, 610, Sept. 30, 1976, 90 Stat. 1365,
which authorized Secretary of Defense to conduct studies with regard to
possible use of military installations being closed and to make
recommendations with regard to such installations, was repealed by Pub.
L. 97-86, title IX, 912(b), Dec. 1, 1981, 95 Stat. 1123. See section
2391 of this title.
Pub. L. 94-106, title VIII, 812, Oct. 7, 1975, 89 Stat. 540, which
directed Secretary of Defense, after consultation with Secretary of
State, to prepare and submit not later than January 31 of each year to
Committees on Armed Services of Senate and House of Representatives a
written annual report on foreign policy and military force structure of
United States for next fiscal year, how such policy and force structure
relate to each other, and justification for each, was repealed and
restated as subsec. (e) of section 133 (now 113) of this title by Pub.
L. 97-295, 1(1), 6(b), Oct. 12, 1982, 96 Stat. 1287, 1314.
Pub. L. 94-106, title VIII, 813, Oct. 7, 1975, 89 Stat. 540, as
amended by Pub. L. 95-79, title VIII, 814, July 30, 1977, 91 Stat.
337; Pub. L. 97-252, title XI, 1104, Sept. 8, 1982, 96 Stat. 739,
which directed Secretary of Defense to report to Congress on any letter
proposing to transfer $50,000,000 or more of defense articles, detailing
impact of such a sale on readiness, adequacy of price for replacement,
and armed forces needs and supply for each article, was repealed and
restated as section 133b (now 118) of this title by Pub. L. 97-295,
1(2)(A), 6(b), Oct. 12, 1982, 96 Stat. 1288, 1314.
Appropriations for Procurement, Research, Development,
Test, and Evaluation Activities; Selected Reserve of
Reserve Components: Annual Authorization of Personnel
Strength
Section 412 of Pub. L. 86-149, title IV, Aug. 10, 1959, 73 Stat.
322, as amended by Pub. L. 87-436, 2, Apr. 27, 1962, 76 Stat. 55;
Pub. L. 88-174, title VI, 610, Nov. 7, 1963, 77 Stat. 329; Pub. L.
89-37, title III, 304, June 11, 1965, 79 Stat. 128; Pub. L. 90-168,
6, Dec. 1, 1967, 81 Stat. 526; Pub. L. 91-121, title IV, 405, Nov.
19, 1969, 83 Stat. 207; Pub. L. 91-441, title V, 505, 509, Oct. 7,
1970, 84 Stat. 912, 913; Pub. L. 92-129, title VII, 701, Sept. 28,
1971, 85 Stat. 362; Pub. L. 92-436, title III, 302, title VI, 604,
Sept. 26, 1972, 86 Stat. 736, 739, was repealed by Pub. L. 93-155,
title VIII, 803(b)(1), Nov. 16, 1973, 87 Stat. 615. See sections 114
to 116 of this title.
Ex. Ord. No. 12568, Oct. 2, 1986, 51 F.R. 35497, provided:
By the authority vested in me as President by the laws of the United
States of America, including section 301 of Title 3 of the United States
Code, it is ordered that the Secretary of Defense and, as designated by
him for this purpose, any of the Secretaries, Under Secretaries, and
Assistant Secretaries of the Military Departments, are hereby empowered
to exercise the discretionary authority granted to the President by
subsection 806(a)(2) of the Department of Defense Authorization Act of
1986, Public Law No. 99-145 (set out as a note above), to give
preference in hiring for positions in nonappropriated fund activities to
qualified spouses of members of the Armed Forces stationed in the same
geographical area as the nonappropriated fund activity for positions in
wage grade UA-8 and below and equivalent positions and for positions
paid at hourly rates.
Ronald Reagan.
Ex. Ord. No. 12765, June 11, 1991, 56 F.R. 27401, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including section 301 of title
3 of the United States Code, and my authority as Commander in Chief of
the Armed Forces of the United States, it is hereby ordered as follows:
Section 1. The Secretary of Defense is hereby designated and
empowered, without the approval, ratification, or other action by the
President, to exercise the authority vested in the President by section
749 of title 10 of the United States Code to assign the command without
regard to rank in grade to any commissioned officer otherwise eligible
to command when two or more commissioned officers of the same grade or
corresponding grades are assigned to the same area, field command, or
organization.
Sec. 2. The Secretary of Defense is hereby designated and empowered,
without the approval, ratification, or other action by the President, to
exercise the authority vested in the President by section 7299a(a) of
title 10 of the United States Code to direct that combatant vessels and
escort vessels be constructed in a Navy or private yard, as the case may
be, if the requirement of the Act of March 27, 1934 (ch. 95, 48 Stat.
503) that the first and each succeeding alternate vessel of the same
class be constructed in a Navy yard is inconsistent with the public
interest.
Sec. 3. For vessels, and for any major component of the hull or
superstructure of vessels to be constructed or repaired for any of the
armed forces, the Secretary of Defense is hereby designated and
empowered, without the approval, ratification, or other action by the
President, to exercise the authority vested in the President by section
7309(b) of title 10 of the United States Code to authorize exceptions to
the prohibition in section 7309(a) of title 10 of the United States
Code. Such exceptions shall be based on a determination that it is in
the national security interest of the United States to authorize an
exception. The Secretary of Defense shall transmit notice of any such
determination to the Congress, as required by section 7309(b).
Sec. 4. The Secretary of Defense may redelegate the authority
delegated to him by this order, in accordance with applicable law.
Sec. 5. This order shall be effective immediately.
George Bush.
Memorandum of the President of the United States, May 14, 1991, 56
F.R. 23991, provided:
Memorandum for the Secretary of Defense
Consistent with section 8105(d)(2) of the Department of Defense
Appropriation Act, 1991 (Public Law 101-511; 104 Stat. 1856) (set out
as a note above), I hereby waive the limitation in section 8105(b) which
states that the end strength level for each fiscal year of all personnel
of the Armed Forces of the United States stationed in Japan may not
exceed the number that is 5,000 less than such end strength level for
the preceding fiscal year, and declare that it is in the national
interest to do so.
You are authorized and directed to inform the Congress of this waiver
and of the reasons for the waiver contained in the attached
justification, and to publish this memorandum in the Federal Register.
George Bush.
In January of this year the Department of Defense signed a new Host
Nation Support Agreement with the Government of Japan in which that
government agreed to pay all utility and Japanese labor costs
incrementally over the next five years (worth $1.7 billion). Because
United States forward deployed forces stationed in Japan have regional
missions in addition to the defense of Japan, we did not seek to have
the Government of Japan offset all of the direct costs incurred by the
United States related to the presence of all United States military
personnel in Japan (excluding military personnel title costs).
Annual rate of compensation of Secretary, see section 5312 of Title
5, Government Organization and Employees.
National Security Agency employment, delegation of authority for
terminating, notwithstanding subsec. (d) of this section, see section
833 of Title 50, War and National Defense.
Reports to Congressional committees, policies and procedures on
recall to active duty of Ready Reserve members, see section 673 of this
title.
section 833.
/1/ See References in Text note below.
10 USC 114. Annual authorization of appropriations
TITLE 10 -- ARMED FORCES
(a) No funds may be appropriated for any fiscal year to or for the
use of any armed force or obligated or expended for --
(1) procurement of aircraft, missiles, or naval vessels;
(2) any research, development, test, or evaluation, or procurement or
production related thereto;
(3) procurement of tracked combat vehicles;
(4) procurement of other weapons;
(5) procurement of naval torpedoes and related support equipment;
(6) military construction;
(7) the operation and maintenance of any armed force or of the
activities and agencies of the Department of Defense (other than the
military departments);
(8) procurement of ammunition; or
(9) other procurement by any armed force or by the activities and
agencies of the Department of Defense (other than the military
departments);
unless funds therefor have been specifically authorized by law.
(b) In subsection (a)(6), the term ''military construction'' includes
any construction, development, conversion, or extension of any kind
which is carried out with respect to any military facility or
installation (including any Government-owned or Government-leased
industrial facility used for the production of defense articles and any
facility to which section 2353 of this title applies), any activity to
which section 2807 of this title applies, any activity to which chapter
133 of this title applies, and advances to the Secretary of
Transportation for the construction of defense access roads under
section 210 of title 23. Such term does not include any activity to
which section 2821 or 2854 of this title applies.
(c)(1) The size of the Special Defense Acquisition Fund established
pursuant to chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 et
seq.) may not exceed $1,070,000,000.
(2) Notwithstanding section 37(a) of the Arms Export Control Act (22
U.S.C. 2777(a)), amounts received by the United States pursuant to
subparagraph (A) of section 21(a)(1) of that Act (22 U.S.C. 2761(a)(1))
--
(A) shall be credited to the Special Defense Acquisition Fund
established pursuant to chapter 5 of that Act (22 U.S.C. 2795 et seq.),
as authorized by section 51(b)(1) of that Act (22 U.S.C. 2795(b)(1)),
but subject to the limitation in paragraph (1) and other applicable law;
and
(B) to the extent not so credited, shall be deposited in the Treasury
as miscellaneous receipts as provided in section 3302(b) of title 31.
(d) Funds may be appropriated for the armed forces for use as an
emergency fund for research, development, test, and evaluation, or
related procurement or production, only if the appropriation of the
funds is authorized by law after June 30, 1966.
(e) In each budget submitted by the President to Congress under
section 1105 of title 31, amounts requested for procurement of equipment
for the reserve components of the armed forces (including the National
Guard) shall be set forth separately from other amounts requested for
procurement for the armed forces.
(Added Pub. L. 93-155, title VIII, 803(a), Nov. 16, 1973, 87 Stat.
612, 138; amended Pub. L. 94-106, title VIII, 801(a), Oct. 7, 1975,
89 Stat. 537; Pub. L. 94-361, title III, 302, July 14, 1976, 90 Stat.
924; Pub. L. 96-107, title III, 303(b), Nov. 9, 1979, 93 Stat. 806;
Pub. L. 96-342, title X, 1001(a)(1), (b)-(d)(1), Sept. 8, 1980, 94
Stat. 1117-1119; Pub. L. 96-513, title I, 102, title V, 511(4), Dec.
12, 1980, 94 Stat. 2840, 2920; Pub. L. 97-22, 2(b), July 10, 1981, 95
Stat. 124; Pub. L. 97-86, title III, 302, title IX, 901(a), 902,
903, Dec. 1, 1981, 95 Stat. 1104, 1113, 1114; Pub. L. 97-113, title I,
108(b), Dec. 29, 1981, 95 Stat. 1524; Pub. L. 97-214, 4, July 12,
1982, 96 Stat. 170; Pub. L. 97-252, title IV, 402(a), title XI,
1103, 1105, Sept. 8, 1982, 96 Stat. 725, 738, 739; Pub. L. 97-295,
1(3), (4), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 98-525, title XIV,
1405(2), Oct. 19, 1984, 98 Stat. 2621; Pub. L. 99-145, title XII,
1208, title XIV, 1403, Nov. 8, 1985, 99 Stat. 723, 743; renumbered
114 and amended Pub. L. 99-433, title I, 101(a)(2), 110(b)(1)-(9),
(11), Oct. 1, 1986, 100 Stat. 994, 1001, 1002; Pub. L. 99-661, div. A,
title I, 105(d), title XIII, 1304(a), Nov. 14, 1986, 100 Stat. 3827,
3979; Pub. L. 100-26, 7(j)(1), Apr. 21, 1987, 101 Stat. 282; Pub. L.
100-180, div. A, title XII, 1203, Dec. 4, 1987, 101 Stat. 1154; Pub.
L. 101-189, div. A, title XVI, 1602(b), Nov. 29, 1989, 103 Stat. 1597;
Pub. L. 101-510, div. A, title XIV, 1481(a)(1), Nov. 5, 1990, 104 Stat.
1704.)
In subsection (c)(5), the words ''It is the sense of Congress that''
are omitted as unnecessary. The words ''Secretary of Defense'' are
substituted for ''Department of Defense'' the first time it appears
because the responsibility is in the head of the agency. The word
''Therefore'' is omitted as surplus. The word ''complete'' is
substituted for ''full'', and the word ''personnel'' is substituted for
''manpower'' except in the phrase ''manpower requirements'', for
consistency.
In subsection (i), the words ''may be . . . only if'' are substituted
for ''No . . . may be . . . unless'' to use the positive voice. The
words ''after June 30, 1966'' are substituted for ''after that date''
for clarity.
The Arms Export Control Act, referred to in subsec. (c), is Pub. L.
90-629, Oct. 22, 1968, 82 Stat. 1320, as amended. Chapter 5 of the
Arms Export Control Act is classified generally to subchapter V ( 2795
et seq.) of chapter 39 of Title 22, Foreign Relations and Intercourse.
For complete classification of this Act to the Code, see Short Title
note set out under section 2751 of Title 22 and Tables.
Provisions similar to those comprising subsec. (c)(2) of this
section were contained in Pub. L. 101-165, title IX, 9017, Nov. 21,
1989, 103 Stat. 1133, which was set out as a note below and which was
repealed by Pub. L. 101-510, div. A, title XIV, 1481(a)(2), Nov. 5,
1990, 104 Stat. 1704.
Prior similar provisions were contained in Pub. L. 86-149, title IV,
412, Aug. 10, 1959. 73 Stat. 322, as amended by Pub. L. 87-436,
2, Apr. 27, 1962, 76 Stat. 55; Pub. L. 88-174, title VI, 610, Nov.
7, 1963, 77 Stat. 329; Pub. L. 89-37, title III, 304, June 11, 1965,
79 Stat. 128; Pub. L. 90-168, 6, Dec. 1, 1967, 81 Stat. 526; Pub.
L. 91-121, title IV, 405, Nov. 19, 1969, 83 Stat. 207; Pub. L.
91-441, title V, 505, 509, Oct. 7, 1970, 84 Stat. 912, 913; Pub. L.
92-129, title VII, 701, Sept. 28, 1971, 85 Stat. 362; Pub. L.
92-436, title III, 302, title VI. 604, Sept. 26, 1972, 86 Stat.
736, 739, which was repealed by Pub. L. 93-155, title VIII, 803(b)
(1), Nov. 16, 1973, 87 Stat. 615.
1990 -- Subsec. (c). Pub. L. 101-510 designated existing provisions
as par. (1) and added par. (2).
1989 -- Subsecs. (f), (g). Pub. L. 101-189 struck out subsecs. (f)
and (g) which read as follows:
''(f) The amounts of the estimated expenditures and proposed
appropriations necessary to support programs, projects, and activities
of the Department of Defense included pursuant to paragraph (5) of
section 1105(a) of title 31 in the budget submitted to Congress by the
President under such section for any fiscal year or years and the
amounts specified in all program and budget information submitted to
Congress by the Department of Defense in support of such estimates and
proposed appropriations shall be mutually consistent unless, in the case
of each inconsistency, there is included detailed reasons for the
inconsistency.
''(g) The Secretary of Defense shall submit to Congress not later
than April 1 of each year, the five-year defense program (including
associated annexes) used by the Secretary in formulating the estimated
expenditures and proposed appropriations included in such budget to
support programs, projects, and activities of the Department of
Defense.''
1987 -- Subsec. (e). Pub. L. 100-26 redesignated subsec. (f) as
(e).
Subsec. (f). Pub. L. 100-180 added subsec. (f).
Pub. L. 100-26, 7(j)(1), redesignated subsec. (f) as (e).
Subsec. (g). Pub. L. 100-180, 1203, added subsec. (g).
1986 -- Pub. L. 99-433, 101(a)(2), renumbered section 138 of this
title as this section.
Pub. L. 99-433, 110(b)(1), struck out ''and personnel strengths for
the armed forces; annual manpower requirements and operations and
maintenance reports'' at end of section catchline.
Subsec. (a)(6). Pub. L. 99-433, 110(b)(3), struck out ''(as defined
in subsection (f))'' after ''military construction''.
Subsec. (b). Pub. L. 99-433, 110(b)(4), (5), (8), redesignated
subsec. (f)(1) as (b). Former subsec. (b) redesignated section 115(a)
of this title.
Subsec. (c). Pub. L. 99-661, 1304(a), substituted ''$1,070,000,000''
for ''$1,000,000,000''.
Pub. L. 99-433, 110(b)(4), (5), (11), redesignated subsec. (g) as
(c). Former subsec. (c) redesignated section 115(b) of this title.
Subsec. (d). Pub. L. 99-433, 110(b)(4), (5), (11), redesignated
subsec. (i) as (d). Former subsec. (d) redesignated section 115(c) of
this title.
Subsec. (e). Pub. L. 99-433, 110(b)(6), (7), redesignated subsec.
(e) as section 116(a) of this title.
Subsec. (f). Pub. L. 99-661, 105(d), added subsec. (f).
Subsec. (f)(1). Pub. L. 99-433, 110(b)(8), redesignated subsec.
(f)(1) as (b).
Subsec. (f)(2). Pub. L. 99-433, 110(b)(9), redesignated subsec.
(f)(2) as section 116(b) of this title.
Subsec. (g). Pub. L. 99-433, 110(b)(11), redesignated subsec. (g)
as (c).
Subsec. (h). Pub. L. 99-433, 110(b)(2), redesignated subsec. (h) as
section 113(i) of this title.
Subsec. (i). Pub. L. 99-433, 110(b)(11), redesignated subsec. (i)
as (d).
1985 -- Subsec. (b)(3). Pub. L. 99-145, 1208, added par. (3).
Subsec. (g). Pub. L. 99-145, 1403, substituted ''$1,000,000,000''
for ''$300,000,000 in fiscal year 1982, may not exceed $600,000,000 in
fiscal year 1983, and may not exceed $900,000,000 in fiscal year 1984 or
any fiscal year thereafter''.
1984 -- Subsec. (g). Pub. L. 98-525 inserted ''(22 U.S.C. 2795 et
seq.)''.
1982 -- Subsec. (c)(1)(A). Pub. L. 97-252, 402(a), authorized
increase in fiscal year end-strength authorizations determined by the
Secretary of Defense to be in the national interest.
Subsec. (c)(5). Pub. L. 97-295, 1(3), added par. (5).
Subsec. (f)(1). Pub. L. 97-214 substituted '', any activity to which
section 2807 of this title applies, any activity to which chapter 133 of
this title applies, and advances to the Secretary of Transportation for
the construction of defense access roads under section 210 of title 23''
for ''but excludes any activity to which section 2673 or 2674, or
chapter 133, of this title apply, or to which section 406(a) of Public
Law 85-241 (42 U.S.C. 1594i) applies'' and inserted provision that
''military construction'' does not include any activity to which section
2821 or 2854 of this title applies.
Subsec. (g). Pub. L. 97-252, 1103, limited size of Special Defense
Acquisition Fund to $600,000,000 in fiscal year 1983, striking out such
sum as a limit in any fiscal year thereafter, and limited size of Fund
to $900,000,000 in fiscal year 1984 or any fiscal year thereafter.
Subsec. (h). Pub. L. 97-252, 1105, added subsec. (h).
Subsec. (i). Pub. L. 97-295, 1(4), added subsec. (i).
1981 -- Subsec. (a)(8), (9). Pub. L. 97-86, 901(a), added pars.
(8) and (9).
Subsec. (b). Pub. L. 97-86, 902, designated existing provisions as
par. (1), substituted ''authorize the average personnel strength'' for
''authorize the personnel strength'', and added par. (2).
Subsec. (c)(3)(D)(iii)(I). Pub. L. 97-22 struck out ''and active
military service'' after ''active commissioned service''.
Subsec. (c)(4). Pub. L. 97-86, 903, added par. (4).
Subsec. (e)(3), (4). Pub. L. 97-86, 302, struck out pars. (3) and
(4) which required the Secretary to include in each report a projection
of the combat readiness of specified military units proposed to be
maintained during the next fiscal year.
Subsec. (g). Pub. L. 97-113 added subsec. (g).
1980 -- Pub. L. 96-342, 1001(d)(1), substituted ''Annual
authorization of appropriations and personnel strengths for the armed
forces; annual manpower requirements and operations and maintenance
reports'' for ''Secretary of Defense: Annual authorization of
appropriations for armed forces'' in section catchline.
Subsec. (a). Pub. L. 96-342, 1001(a)(1), (b)(1), in cl. (6)
substituted reference to subsec. (f) for reference to subsec. (e), and
added cl. (7).
Subsec. (c)(1). Pub. L. 96-513, 102(a), designated existing
provisions as subpar. (A) and added subpars. (B) and (C).
Subsec. (c)(3)(D). Pub. L. 96-513, 102(b), substituted provisions
relating to expanded coverage in the annual report of the Secretary of
Defense for provisions under which the report had formerly covered only
the estimated requirements in members on active duty during the next
fiscal year, the estimated number of commissioned officers in each grade
on active duty and to be promoted during the next fiscal year, and an
analysis of the distribution by grade of commissioned officers on active
duty at the time the report was prepared.
Subsec. (e). Pub. L. 96-342, 1001(b)(2), (3), added subsec. (e).
Former subsec. (e) redesignated (f)(1).
Subsec. (f). Pub. L. 96-513, 511(4), substituted ''(42 U.S.C.
1594i)'' for ''(71 Stat. 556)'' in par. (1), and substituted ''In
subsection (e)'' for ''In subsection (f)'' in par. (2).
Pub. L. 96-342, 1001(b)(2), (c), redesignated subsec. (e) as (f),
substituted ''(1) In subsection (a)(6)'' for ''For purposes of
subsection (a)(6) of this section'', and added par. (2).
1979 -- Subsec. (c)(3). Pub. L. 96-107 restructured existing
provisions into subpars. (A) to (C) with minor changes in phraseology
and added subpar. (D).
1976 -- Subsec. (c)(3). Pub. L. 94-361 required the report to
Congress to identify, define, and group by mission and by region the
types of military bases, installations, and facilities and to provide an
explanation and justification of the relationship between the base
structure and the proposed military force structure together with a
comprehensive identification of base operating support costs and an
evaluation of possible alternatives to reduce the costs.
1975 -- Subsec. (a)(6). Pub. L. 94-106, 801(a)(1), added par. (6).
Subsec. (e). Pub. L. 94-106, 801(a)(2), added subsec. (e).
Section 402(b) of Pub. L. 97-252 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with respect
to end strengths for active-duty personnel authorized for fiscal years
beginning after September 30, 1981.''
Amendment by Pub. L. 97-214 applicable with respect to funds
appropriated for fiscal years beginning after Sept. 30, 1983, see
section 12(b) of Pub. L. 97-214, set out as a note under section 2801
of this title.
Section 901(b) of Pub. L. 97-86 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply with respect
to funds appropriated for fiscal years beginning after September 30,
1982.''
Amendment by section 102 of Pub. L. 96-513 effective Sept. 15,
1981, but the authority to prescribe regulations under the amendment by
Pub. L. 96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.
96-513, set out as a note under section 101 of this title.
Amendment by section 511(4) of Pub. L. 96-513 effective Dec. 12,
1980, see section 701(b)(3) of Pub. L. 96-513.
Section 1001(a)(2) of Pub. L. 96-342 provided that: ''The
amendments made by paragraph (1) (amending this section) shall apply
with respect to funds appropriated for fiscal years beginning after
September 30, 1981.''
Section 801(b) of Pub. L. 94-106 provided that: ''The amendment
provided by paragraph (2) of subsection (a) above (enacting subsec. (e)
of this section) with respect to funds not heretofore required to be
authorized shall only apply to funds authorized for appropriation for
fiscal year 1977 and thereafter.''
Pub. L. 101-165, title IX, 9017, Nov. 21, 1989, 103 Stat. 1133,
which prohibited funding to be used for planning or executing programs
which utilized amounts credited to the Department of Defense pursuant to
section 2777(a) of Title 22, Foreign Relations and Intercourse, was
repealed and restated in subsec. (c)(2) of this section by Pub. L.
101-510, div. A, title XIV, 1481(a), Nov. 5, 1990, 104 Stat. 1704.
The following general provisions, that had been repeated as fiscal
year provisions in prior appropriation acts, were enacted as permanent
law in the Department of Defense Appropriations Act, 1986, Pub. L.
99-190, 101(b) (title VIII, 8005, 8006, 8009), Dec. 19, 1985, 99
Stat. 1185, 1202, 1203, 1204:
''Sec. 8005. (Authorized use of appropriated funds for expenses in
connection with administration of occupied areas; payment of rewards
for information leading to discovery of missing naval property or
recovery thereof; payment of deficiency judgments and interests thereon
arising out of condemnation proceedings; leasing of buildings and
facilities; payments under contracts for maintenance of tools and
facilities for twelve months; maintenance of defense access roads;
purchase of milk for enlisted personnel; payments under leases for real
or personal property, including maintenance; purchase of
right-hand-drive vehicles not to exceed $12,000 per vehicle; payment of
unusual cost overruns incident to ship overhaul, maintenance, and
repair; payments from annual appropriations to industrial fund
activities and/or under contract for changes in scope of ship overhaul,
maintenance, and repair after expiration of such appropriations; and
payments for depot maintenance contracts for twelve months; and was
repealed and (except for section 8005(e)) restated in sections 2242(2),
2252, 2253(a)(2), 2389(b), 2410a, 2661(b), and 7313 of this title by
Pub. L. 100-370, 1(e)(1), (h)(1), (2), (l)(3), (n)(1), (p)(3), July 19,
1988, 102 Stat. 844, 847, 849-851. Section 8005(c) was not restated in
view of section 2676(e) of this title.)
''Sec. 8006. (Authorized use of appropriated funds for military
courts, boards, and commissions; utility services for buildings erected
at private cost and buildings on military reservations authorized by
regulations to be used for welfare and recreational purposes; and
exchange fees, and losses in accounts of disbursing officers or agents;
and was repealed and restated in sections 2242(3), 2490, and 2781 of
this title by Pub. L. 100-370, 1(e)(1), (j)(1), (m)(1), (p)(3), July
19, 1988, 102 Stat. 844, 848, 849, 851.)
''Sec. 8009. (Provided for exemption from apportionment requirement;
exceptions for cost of airborne alerts and cost of increased military
personnel on active duty; and for reports to Congress; and was
repealed and restated in section 2201 of this title by Pub. L. 100-370,
1(d)(1), July 19, 1988, 102 Stat. 841.)''
The following general provisions, that had been repeated as fiscal
year provisions in prior appropriation acts, were enacted as permanent
law in the Department of Defense Appropriation Act, 1984, Pub. L.
98-212, title VII, 705-707, 723, 728, 735, 774, Dec. 8, 1983, 97
Stat. 1437, 1438, 1443, 1444, 1452:
''Sec. 705. (Authorized use of appropriated funds for insurance of
official motor vehicles in foreign countries; advance payments for
investigations in foreign countries; security guard services for
protection of confidential files; and other necessary expenses; and
was repealed and restated in sections 2241(b), 2242(1), (4), and
2253(a)(1) of this title by Pub. L. 100-370, 1(e)(1), (p)(1), July 19,
1988, 102 Stat. 844, 851.)
''Sec. 706. (Authorized use of appropriated funds for expenses
incident to maintenance, pay, and allowances of prisoners of war, other
persons in Army, Navy, or Air Force custody whose status was determined
by Secretary concerned to be similar to prisoners of war, and persons
detained in such custody pursuant to Presidential proclamation, and was
repealed by Pub. L. 98-525, title XIV, 1403(a)(1), 1404, Oct. 19,
1984, 98 Stat. 2621, effective Oct. 1, 1985. See section 956(5) of this
title.)
''Sec. 707. (Authorized use of appropriated funds for acquisition of
certain interests in land, and was repealed and restated in sections
2673 and 2828(h) of this title by Pub. L. 100-370, 1(l)(1), (2),
(p)(1), July 19, 1988, 102 Stat. 849, 851.)
''Sec. 723. (Authorized use of appropriated funds for purchase of
household furnishings, and automobiles from military and civilian
personnel on duty outside continental United States, for purpose of
resale at cost to incoming personnel, and for providing furnishings,
without charge, in other than public quarters occupied by military or
civilian personnel of Department of Defense on duty outside continental
United States or in Alaska, and was repealed and restated in section
2251 of this title by Pub. L. 100-370, 1(e)(1), (p)(1), July 19, 1988,
102 Stat. 844, 851.)
''Sec. 728. (Prohibited use of appropriated funds for payment of
costs of advertising by any defense contractor, except advertising for
which payment is made from profits, provided exemptions for advertising
for personnel recruitment, procurement of scarce required items, and
disposal of scrap or surplus materials, and was repealed by Pub. L.
100-370, 1(p)(1), July 19, 1988, 102 Stat. 851. See section
2324(e)(1)(H) of this title.)
''Sec. 735. (Authorized use of appropriated funds for operation and
maintenance of the active forces for welfare and recreation; hire of
passenger motor vehicles; repair of facilities; modification of
personal property; design of vessels; industrial mobilization;
installation of equipment in public and private plants; military
communications facilities on merchant vessels; acquisition of services,
special clothing, supplies, and equipment; and expenses for the Reserve
Officers' Training Corps and other units at educational institutions was
amended by Pub. L. 98-525, title XIV, 1403(a)(2), 1404, Oct. 19, 1984,
98 Stat. 2621, eff. Oct. 1, 1985, and was repealed and restated in
sections 2241(a) and 2661(a) of this title by Pub. L. 100-370, 1(e)(1),
(l)(3), (p)(1), July 19, 1988, 102 Stat. 844, 849, 851.)
''Sec. 774. During the current fiscal year and subsequent fiscal
years, for the purposes of the appropriation 'Foreign Currency
Fluctuations, Defense' the foreign currency exchange rates used in
preparing budget submissions shall be the foreign currency exchange
rates as adjusted or modified, as reflected in applicable Committee
reports on this Act.''
Pub. L. 102-484, div. D, title XLV, 4501, Oct. 23, 1992, 106 Stat.
2769, provided that:
''(a) Requirement for Determination. -- An amount made available
under this Act (see Tables for classification) for a program described
in subsection (b) may be obligated for that program only if expenditures
for that program have been determined by the Director of the Office of
Management and Budget to be counted against the defense category of the
discretionary spending limits for fiscal year 1993 (as defined in
section 601(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
665(a)(2))) for purposes of part C of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
''(b) Covered Programs. -- The programs referred to in subsection (a)
are the programs under title XLIII (enacting section 2552 of this title,
amending section 2391 of this title, and enacting provisions set out as
notes under section 2391 of this title) and subtitles D through G of
title XLIV ( 4441 to 4497, enacting sections 1143a, 1151, 1598, 2410c,
and 2410d of this title and section 1662d-1 of Title 29, Labor, amending
sections 1142 and 1144 of this title and sections 1551, 1661, 1661c, and
1662d of Title 29, and enacting provisions set out as notes under
sections 1143, 1143a, 2410d, 2501, 2504, and 2701 of this title and
section 1662d-1 of Title 29).
''(c) Effect on Appropriations for Programs Not Counted Against
Defense Category. -- (1) Not later than the third day after the date of
the enactment of this Act (Oct. 23, 1992), the Director of the Office of
Management and Budget shall make a determination as to the
classification by discretionary spending limit category for purposes of
the Balanced Budget and Emergency Deficit Control Act of 1985 (see Short
Title note set out under section 900 of Title 2, The Congress) of
amounts appropriated for fiscal year 1993 for each of the programs
described in subsection (b). If the Director determines that any such
amount shall not classify against the defense category, then the
President shall submit to Congress a report listing all such amounts
that the Director has determined will not classify against the defense
category (as described in subsection (a)). Such report shall contain an
explanation for each such determination.
''(2) All amounts listed in the report under paragraph (1) may be
transferred only to the programs under titles XLII, XLIII, and XLIV (see
Tables for classification) that are classified against the defense
category by virtue of the report of the President submitted under
paragraph (1) pursuant to amounts specified in appropriation Acts. Any
such transfer shall be taken into account for purposes of calculating
all reports under section 254 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 904).''
Pub. L. 102-484, div. A, title X, 1006, Oct. 23, 1992, 106 Stat.
2482, provided that:
''(a) Status of Classified Annex. -- The Classified Annex prepared by
the Committee of Conference to accompany the conference report on the
bill H.R. 5006 of the One Hundred Second Congress (Pub. L. 102-484) and
transmitted to the President is hereby incorporated into this Act (see
Tables for classification).
''(b) Construction With Other Provisions of Act. -- The amounts
specified in the Classified Annex are not in addition to amounts
authorized to be appropriated by other provisions of this Act.
''(c) Limitation on Use of Funds. -- Funds appropriated pursuant to
an authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and requirements
as are set out for that program, project, or activity in the Classified
Annex.
''(d) Distribution of Classified Annex. -- The President shall
provide for appropriate distribution of the Classified Annex, or of
appropriate portions of the annex, within the executive branch of the
Government.''
Pub. L. 102-396, title IX, 9126, Oct. 6, 1992, 106 Stat. 1931,
provided that: ''The Classified Annex prepared by the Committee of
Conference to accompany the conference report on the bill H.R. 5504 of
the One Hundred Second Congress (Pub. L. 102-396) and transmitted to the
President is hereby incorporated into this Act (see Tables for
classification): Provided, That the amounts specified in the Classified
Annex are not in addition to amounts appropriated by other provisions of
this Act: Provided further, That the President shall provide for
appropriate distribution of the Classified Annex, or of appropriate
portions of the Classified Annex, within the executive branch of the
Government.''
Similar provisions were contained in the following prior
authorization and appropriation acts:
Pub. L. 102-190, div. A, title X, 1005, Dec. 5, 1991, 105 Stat.
1457.
Pub. L. 102-172, title VIII, 8124, Nov. 26, 1991, 105 Stat. 1206.
Pub. L. 101-511, title VIII, 8111, Nov. 5, 1990, 104 Stat. 1904.
Pub. L. 101-510, div. A, title XIV, 1409, Nov. 5, 1990, 104 Stat.
1681.
Section 1304(b) of Pub. L. 99-661 provided that: ''New spending
authority (as defined in section 401(c)(2) of the Congressional Budget
Act of 1974 (2 U.S.C. 651(c)(2))) provided by the amendment made by
subsection (a) (amending this section) shall be effective for any fiscal
year only to the extent or in such amounts as are provided in
appropriation Acts.''
Section 1351 of Pub. L. 99-661 provided that:
''(a) Limitation. -- Notwithstanding title II of the Military
Construction Appropriations Act, 1987 (Pub. L. 99-500, 101(k) (title
II), Oct. 18, 1986, 100 Stat. 1783-287, 1783-295, and Pub. L. 99-591,
101(k) (title II), Oct. 30, 1986, 100 Stat. 3341-287, 3341-295), or any
other provision of law, funds appropriated or otherwise made available
to the Department of Defense for any fiscal year for operation and
maintenance may not be used to provide assistance for the democratic
resistance forces in Nicaragua. If funds appropriated or otherwise made
available to the Department of Defense for any fiscal year are
authorized by law to be used for such assistance, funds for such purpose
may only be derived from amounts appropriated or otherwise made
available to the Department for procurement (other than ammunition).
''(b) Report. -- Before funds appropriated or otherwise made
available to the Department of Defense are released to be used for the
purpose described in subsection (a), the Secretary of Defense shall
submit to Congress a report describing the specific source of such
funds.''
Pub. L. 99-500, 101(c) (title IX, 9102), Oct. 18, 1986, 100 Stat.
1783-82, 1783-118, and Pub. L. 99-591, 101(c) (title IX, 9102), Oct.
30, 1986, 100 Stat. 3341-82, 3341-118, which provided that after Sept.
30, 1987, no appropriated funds could be used to support revenue
generating morale, welfare, and recreation activities in large
metropolitan areas, was repealed by Pub. L. 100-202, 101(b) (title
VIII, 8099), Dec. 22, 1987, 101 Stat. 1329-43, 1329-78.
Pub. L. 97-377, title I, 101(c) (title VII, 791), Dec. 21, 1982,
96 Stat. 1865, provided that: ''No later than the end of the second
fiscal year following the fiscal year for which appropriations for
Operation and Maintenance have been made available to the Department of
Defense, unobligated balances of such appropriations provided for fiscal
year 1982 and thereafter may be transferred into the appropriation
'Foreign Currency Fluctuations, Defense' to be merged with and available
for the same time period and the same purposes as the appropriation to
which transferred: Provided, That any transfer made pursuant to any use
of the authority provided by this provision shall be limited so that the
amount in the appropriation 'Foreign Currency Fluctuations, Defense'
does not exceed $970,000,000 at the time such a transfer is made.''
Section 802 of Pub. L. 96-107 provided that:
''(a) Except as provided in subsection (b), neither the implementing
instructions for, nor the provisions of, Office of Management and Budget
Circular A-76 (issued on August 30, 1967, and reissued on October 18,
1976, June 13, 1977, and March 29, 1979) shall control or be used for
policy guidance for the obligation or expenditure of any funds which
under section 138(a)(2) of title 10, United States Code, are required to
be specifically authorized by law.
''(b) Funds which under section 138(a)(2) of title 10, United States
Code, are required to be specifically authorized by law may be obligated
or expended for operation or support of installations or equipment used
for research and development (including maintenance support of
laboratories, operation and maintenance of test ranges, and maintenance
of test aircraft and ships) in compliance with the implementing
instructions for and the provisions of such Office of Management and
Budget Circular.
''(c) No law enacted after the date of the enactment of this Act
(Nov. 9, 1979) shall be held, considered, or construed as amending,
superseding, or otherwise modifying any provision of this section unless
such law does so by specifically and explicitly amending, repealing, or
superseding this section.''
Manpower Authorization Requests; Justification for
Conversion To Be Contained in Annual Manpower
Requirements Report to Congress
Pub. L. 93-365, title V, 502, Aug. 5, 1974, 88 Stat. 404, which
provided that it was the sense of Congress that the Department of
Defense use the least costly form of manpower consistent with military
requirements and other needs of the Department of Defense, that in
developing the annual manpower authorization requests to the Congress
and in carrying out manpower policies, the Secretary of Defense was to
consider the advantages of converting from one form of manpower to
another (military, civilian, or private contract) for the performance of
a specified job, and that a full justification of any conversion from
one form of manpower to another be contained in the annual manpower
requirements report to the Congress required by subsec. (c)(3) of this
section, was repealed and restated as subsec. (c)(5) of this section by
Pub. L. 97-295, 1(3), 6(b), Oct. 12, 1982, 96 Stat. 1289, 1314.
10 USC ( 114a. Renumbered 221)
TITLE 10 -- ARMED FORCES
10 USC 115. Personnel strengths: requirement for annual authorization
TITLE 10 -- ARMED FORCES
(a) Congress shall authorize personnel strength levels for each
fiscal year for each of the following:
(1) The end strength for each of the armed forces (other than the
Coast Guard) for (A) active-duty personnel who are to be paid from funds
appropriated for active-duty personnel, and (B) active-duty personnel
and full-time National Guard duty personnel who are to be paid from
funds appropriated for reserve personnel.
(2) The end strength for the Selected Reserve of each reserve
component of the armed forces.
(3) The average military training student loads for each of the armed
forces (other than the Coast Guard).
(b) No funds may be appropriated for any fiscal year to or for --
(1) the use of active-duty personnel or full-time National Guard duty
personnel of any of the armed forces (other than the Coast Guard) unless
the end strength for such personnel of that armed force for that fiscal
year has been authorized by law;
(2) the use of the Selected Reserve of any reserve component of the
armed forces unless the end strength for the Selected Reserve of that
component for that fiscal year has been authorized by law; or
(3) training military personnel in the training categories described
in subsection (f) of any of the armed forces (other than the Coast
Guard) unless the average student load of that armed force for that
fiscal year has been authorized by law.
(c) Upon determination by the Secretary of Defense that such action
is in the national interest, the Secretary may --
(1) increase the end strength authorized pursuant to subsection
(a)(1)(A) for a fiscal year for any of the armed forces by a number
equal to not more than 0.5 percent of that end strength; and
(2) increase the end strength authorized pursuant to subsection
(a)(1)(B) for a fiscal year for any of the armed forces by a number
equal to not more than 2 percent of that end strength.
(d) In counting active-duty personnel for the purpose of the
end-strengths authorized pursuant to subsection (a)(1), persons in the
following categories shall be excluded:
(1) Members of the Ready Reserve ordered to active duty under section
673 of this title.
(2) Members of the Selected Reserve of the Ready Reserve ordered to
active duty under section 673b of this title.
(3) Members of the National Guard called into Federal service under
section 3500 or 8500 of this title.
(4) Members of the militia called into Federal service under chapter
15 of this title.
(5) Members of reserve components on active duty for training.
(6) Members of reserve components on active duty for 180 days or less
to perform special work.
(7) Members on full-time National Guard duty for 180 days or less.
(e) The authorized strength of the Navy under subsection (a)(1) is
increased by the authorized strength of the Coast Guard during any
period when the Coast Guard is operating as a service in the Navy.
(f) Authorization under subsection (a)(3) is not required for unit or
crew training student loads, but is required for student loads for the
following individual training categories:
(1) Recruit and specialized training.
(2) Flight training.
(3) Professional training in military and civilian institutions.
(4) Officer acquisition training.
(Added Pub. L. 101-510, div. A, title XIV, 1483(a), Nov. 5, 1990,
104 Stat. 1710; amended Pub. L. 102-190, div. A, title III, 312(a),
Dec. 5, 1991, 105 Stat. 1335.)
A prior section 115, added Pub. L. 93-155, title VIII, 803(a), Nov.
16, 1973, 87 Stat. 612, 138(b)-(d); amended Pub. L. 94-361, title
III, 302, July 14, 1976, 90 Stat. 924; Pub. L. 96-107, title III,
303(b), Nov. 9, 1979, 93 Stat. 806; Pub. L. 96-513, title I, 102,
Dec. 12, 1980, 94 Stat. 2840; Pub. L. 97-22, 2(b), July 10, 1981, 95
Stat. 124; Pub. L. 97-86, title IX, 902, 903, Dec. 1, 1981, 95
Stat. 1113, 1114; Pub. L. 97-252, title IV, 402(a), Sept. 8, 1982,
96 Stat. 725; Pub. L. 97-295, 1(3), Oct. 12, 1982, 96 Stat. 1289;
Pub. L. 99-145, title XII, 1208, Nov. 8, 1985, 99 Stat. 723;
renumbered 115 Pub. L. 99-433, title I, 101(a)(2), 110(b)(4), (5),
Oct. 1, 1986, 100 Stat. 994, 1002; Pub. L. 99-661, div. A, title IV,
411(c) ((d)), 413, Nov. 14, 1986, 100 Stat. 3861, 3862; Pub. L.
100-26, 7(j)(2), Apr. 21, 1987, 101 Stat. 283; Pub. L. 100-456, div.
A, title VI, 641, Sept. 29, 1988, 102 Stat. 1987, which related to
annual authorization of personnel strengths and annual manpower
requirements reports, was repealed and reenacted as sections 115 to
115b, 123a, and 129a of this title by Pub. L. 101-510, div. A, title
XIV, 1483(a), (b), Nov. 5, 1990, 104 Stat. 1710, 1715.
1991 -- Subsec. (a)(4). Pub. L. 102-190, 312(a)(1), struck out par.
(4) which read as follows: ''The end strength for civilian personnel
for each component of the Department of Defense.''
Subsec. (b)(2) to (4). Pub. L. 102-190, 312(a)(2), inserted ''or''
at end of par. (2), substituted a period for ''; or'' at end of par.
(3), and struck out par. (4) which read as follows: ''the use of the
civilian personnel of any component of the Department of Defense unless
the end strength for civilian personnel of that component for that
fiscal year has been authorized by law.''
Implementing Reductions in Strength
Pub. L. 102-484, div. A, title IV, 401, 402, Oct. 23, 1992, 106
Stat. 2397, provided that:
''SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
''The Armed Forces are authorized strengths for active duty personnel
as of September 30, 1993, as follows:
''(1) The Army, 598,900, of whom not more than 88,855 shall be
commissioned officers.
''(2) The Navy, 535,800, of whom not more than 67,455 shall be
commissioned officers.
''(3) The Marine Corps, 181,900, of whom not more than 18,440 shall
be commissioned officers.
''(4) The Air Force, 449,900, of whom not more than 84,970 shall be
commissioned officers.
''SEC. 402. WAIVER AND TRANSFER AUTHORITY.
''(a) Waiver Authority. -- The Secretary of Defense may waive an end
strength prescribed in section 401 for any of the Armed Forces to the
extent that the Secretary considers the waiver necessary to prevent
personnel imbalances that would impair the long term combat readiness of
that armed force.
''(b) Transfer Authority. -- (1) Upon determination by the Secretary
of Defense that such action is necessary in order to prevent involuntary
separations from the Armed Forces that would otherwise be necessary
solely for the purpose of reducing the size of the Armed Forces below
the authorized end strengths prescribed in section 401, the Secretary
may transfer amounts appropriated to the Department of Defense pursuant
to authorizations of appropriations in this division for fiscal year
1993. Amounts so transferred shall be merged with and be available for
the same purposes as the appropriations to which transferred.
''(2) A transfer made from one appropriation account to another under
the authority of this section shall be deemed to increase the amount
authorized for the appropriation account to which transferred by the
amount transferred.
''(3) The Secretary of Defense shall promptly notify Congress of
transfers made under the authority of this subsection.''
Sections 401(b)-(d) and 402 of Pub. L. 101-510 provided that:
''(b) Fiscal Year 1995. -- The Armed Forces are authorized strengths
for active duty personnel as of September 30, 1995, as follows:
''(1) The Army, 520,000.
''(2) The Navy, 501,000.
''(3) The Marine Corps, 177,000.
''(4) The Air Force, 415,000.
''(c) Waiver Authority for Officer End Strengths. -- The Secretary of
Defense may waive the officer end strength prescribed in subsection (a)
for any of the Armed Forces to the extent that the waiver is necessary
to prevent the involuntary separation of officers other than (1) the
separation of officers under chapter 36 of title 10, United States Code,
for reasons other than meeting such end strength limitation, (2) the
separation of officers for physical disability, age, or cause, and (3)
the separation of officers made without regard to that limitation (as
determined by the Secretary of Defense).
''(d) Conforming Amendment. -- Section 401 of Public Law 101-189 (103
Stat. 1431) is amended by striking out subsection (b).
''SEC. 402. UNIFORM PROCESS FOR IMPLEMENTING REDUCTIONS IN STRENGTH
''(a) Limitation. -- After the end of the 90-day period beginning on
the date of the enactment of this Act (Nov. 5, 1990), the Secretary of a
military department may not carry out the involuntary separation of a
member of the Armed Forces under the Secretary's jurisdiction who is
described in subsection (b) unless the Secretary of Defense has
certified to the Committees on Armed Services of the Senate and the
House of Representatives that the Secretary of that military department
has implemented procedures to do the following:
''(1) Limit the number of persons without previous military service
that may be accessed for active duty service as officers in the Armed
Force concerned during each fiscal year of the five-year period
beginning on October 1, 1990, to a number not greater than the number
necessary to meet the requirements of that Armed Force for officers
within the end strength specified in section 401(b) for that Armed
Force.
''(2) Limit the number of persons without previous military service
that may be accessed for active duty service as enlisted members in that
Armed Force concerned during each fiscal year of the five-year period
beginning on October 1, 1990, to a number not greater than the number
necessary to meet the requirements of that Armed Force enlisted
personnel within the end strength specified in section 401(b) for that
Armed Force.
''(3) Reduce as of September 30 of each year during the five-year
period beginning on October 1, 1990, the number of members of that Armed
Force serving on active duty who, upon separation, would be immediately
eligible for retired or retainer pay to a number not greater than the
number necessary to meet the requirements of that Armed Force within the
end strength specified in section 401(b) for that Armed Force.
''(4) Limit the number of members of that Armed Force serving on
active duty who have completed two but less than six years of active
service to a number not greater than the number necessary to meet the
requirements of that Armed Force for members with two but less than six
years of active service within the end strength specified in section
401(b) for that Armed Force.
''(b) Applicability. -- The limitation on involuntary separation in
subsection (a) applies to a member of the Army, Navy, Air Force, or
Marine Corps who --
''(1) is serving on active duty or full-time National Guard duty;
''(2) has six or more years of active service in the Armed Forces;
''(3) if involuntarily separated, would not be immediately eligible
for retired or retainer pay; and
''(4) if involuntarily separated, would be eligible for separation
pay under section 1174 of title 10, United States Code (as amended by
section 501 of this Act).
''(c) Definition. -- For purposes of this section, the term
'involuntarily separated' has the meaning given that term in section
1141 of title 10, United States Code, as added by section 502 of this
Act.
''(d) Regulations. -- The Secretary of Defense shall prescribe
regulations to carry out this section. Such regulations shall apply
uniformly for the military departments.''
Similar provisions were contained in the following prior
authorization acts:
Pub. L. 102-190, div. A, title IV, 401, title VI, 664, Dec. 5,
1991, 105 Stat. 1349, 1399.
Pub. L. 101-510, div. A, title IV, 401(a), Nov. 5, 1990, 105 Stat.
1543; Pub. L. 102-25, title II, 201(a), 202, 205(a), Apr. 6, 1991,
105 Stat. 79, 80.
Pub. L. 101-189, div. A, title IV, 401, Nov. 29, 1989, 103 Stat.
1431, as amended by Pub. L. 101-510, div. A, title IV, 401(d), Nov.
5, 1990, 104 Stat. 1544.
Pub. L. 100-456, div. A, title IV, 401, Sept. 29, 1988, 102 Stat.
1963.
Pub. L. 100-180, div. A, title IV, 401, Dec. 4, 1987, 101 Stat.
1081.
Pub. L. 99-661, div. A, title IV, 401, Nov. 14, 1986, 100 Stat.
3859.
Pub. L. 99-145, title IV, 401, Nov. 8, 1985, 99 Stat. 618.
Pub. L. 98-525, title IV, 401, Oct. 19, 1984, 98 Stat. 2516.
Pub. L. 98-94, title IV, 401, Sept. 24, 1983, 97 Stat. 629.
Pub. L. 97-252, title IV, 401, Sept. 8, 1982, 96 Stat. 725.
Pub. L. 97-86, title IV, 401, Dec. 1, 1981, 95 Stat. 1104, as
amended by Pub. L. 97-252, title IX, 903, Sept. 8, 1982, 96 Stat.
729.
Pub. L. 96-342, title III, 301, Sept. 8, 1980, 94 Stat. 1082, as
amended by Pub. L. 97-39, title III, 301, Aug. 14, 1981, 95 Stat.
940.
Pub. L. 96-107, title III, 301, Nov. 9, 1979, 93 Stat. 806.
Pub. L. 95-485, title III, 301, Oct. 20, 1978, 92 Stat. 1613.
Pub. L. 95-79, title III, 301, July 30, 1977, 91 Stat. 326.
Pub. L. 94-361, title III, 301, July 14, 1976, 90 Stat. 924.
Pub. L. 94-106, title III, 301, Oct. 7, 1975, 89 Stat. 532.
Pub. L. 93-365, title III, 301, Aug. 5, 1974, 88 Stat. 401.
Pub. L. 93-155, title III, 301, Nov. 16, 1973, 87 Stat. 607.
Pub. L. 92-436, title III, 301, Sept. 26, 1972, 86 Stat. 735.
Section 718(b) of Pub. L. 102-190 provided that: ''Of the total
number of officers authorized to be serving on active duty in the Navy
on the last day of a fiscal year, 12,510 shall be available only for
assignment to duties in health profession specialties.''
Section 711 of Pub. L. 101-510, as amended by Pub. L. 102-190, div.
A, title VII, 718(a), Dec. 5, 1991, 105 Stat. 1404, provided that:
''(a) Limitation on Reduction. -- The Secretary of Defense may not
reduce the number of medical personnel of the Department of Defense
below the baseline number unless the Secretary of Defense --
''(1) certifies to the Congress that --
''(A) the number of such personnel being reduced is excess to the
current and projected needs of the military departments; and
''(B) such reduction will not result in an increase in the cost of
health care services provided under the Civilian Health and Medical
Program of the Uniformed Services; and
''(2) in the case of military medical personnel, includes in the
certification the information specified in subsection (b).
''(b) Information Required. -- A certification made by the Secretary
of Defense in compliance with subsection (a)(2) shall include the
following:
''(1) The strength levels for the individual category of medical
personnel involved in the reduction as of September 30, 1989.
''(2) The projected requirements of the Department of Defense over
the five-fiscal year period following the fiscal year in which the
certification is submitted for medical personnel in the category of
medical personnel involved in the reduction.
''(3) The strength level recommended for each component of the Armed
Forces for the most recent fiscal year for which the Secretary submitted
recommendations pursuant to section 115a(g)(1) of title 10, United
States Code (as added by section 1483), for personnel in the category of
medical personnel involved in the reduction.
''(c) Definitions. -- For purposes of this section:
''(1) The term 'medical personnel' has the meaning given that term in
section 115a(g)(2) of title 10, United States Code (as added by section
1483), except that such term includes civilian personnel of the
Department of Defense assigned to military medical facilities.
''(2) The term 'category of medical personnel' means --
''(A) each corps referred to in subparagraphs (A) and (C) of section
115a(g)(2) of such title (as added by section 1483);
''(B) each designation referred to in subparagraph (B) of such
section;
''(C) the enlisted personnel referred to in subparagraph (D) of such
section; and
''(D) other medical personnel designated as medical personnel by the
Secretary pursuant to subparagraph (E) of such section, if any.
''(3) The term 'baseline number' means the number equal to the sum of
12,510 and the number of medical personnel of the Department of Defense
serving on September 30, 1989, excluding commissioned officers of the
Navy.''
Section 1117 of Pub. L. 101-510, which authorized Secretary of
Defense, after determining that operational requirements of Operation
Desert Shield so require, to increase the end strengths of active duty
personnel for fiscal year 1991 by an amount not greater than 0.5 percent
of the total end strengths authorized by section 401 of Pub. L.
101-510, set out above, and required certification by Secretary to
Committees on Armed Services of Senate and House of Representatives of
necessity of such increase, was repealed by Pub. L. 102-25, title II,
204, Apr. 6, 1991, 105 Stat. 80.
Reserve components named, see section 261 of this title.
10 USC 115a. Annual manpower requirements report
TITLE 10 -- ARMED FORCES
(a) The Secretary of Defense shall submit to Congress, not later than
February 15 of each fiscal year, an annual manpower requirements report.
The report shall be in writing and shall contain the Secretary's
recommendations for --
(1) the annual active-duty end-strength level for each component of
the armed forces for the next fiscal year; and
(2) the annual civilian personnel end-strength level for each
component of the Department of Defense for the next fiscal year.
(b)(1) The Secretary shall include in each report under subsection
(a) justification for the strength levels recommended and an explanation
of the relationship between the personnel strength levels recommended
for that fiscal year and the national security policies of the United
States in effect at the time.
(2) The justification and explanation shall specify in detail for all
major military force units (including each land force division, carrier
and other major combatant vessel, air wing, and other comparable unit)
the following:
(A) Unit mission and capability.
(B) Strategy which the unit supports.
(C) Area of deployment and illustrative areas of potential
deployment, including a description of any United States commitment to
defend such areas.
(3) The justification and explanation shall also specify in detail
the manpower required to perform the medical missions of each of the
armed forces and of the Department of Defense.
(c) The Secretary shall include in each report under subsection (a) a
detailed discussion of the following:
(1) The manpower required for support and overhead functions within
the armed forces and the Department of Defense.
(2) The relationship of the manpower required for support and
overhead functions to the primary combat missions and support policies.
(3) The manpower required to be stationed or assigned to duty in
foreign countries and aboard vessels located outside the territorial
limits of the United States, its territories, and possessions.
(d) In each such report, the Secretary shall also --
(1) identify, define, and group by mission and by region the types of
military bases, installations, and facilities;
(2) provide an explanation and justification of the relationship
between this base structure and the proposed military force structure;
and
(3) provide a comprehensive identification of base operating support
costs and an evaluation of possible alternatives to reduce those costs.
(e) The Secretary shall also include in each such report, with
respect to each armed force under the jurisdiction of the Secretary of a
military department, the following:
(1) The number of positions that require warrant officers or
commissioned officers serving on active duty in each of the officer
grades during the current fiscal year and the estimated number of such
positions for each of the next five fiscal years.
(2) The estimated number of officers that will be serving on active
duty in each grade on the last day of the current fiscal year and the
estimated numbers of officers that will be needed on active duty on the
last day of each of the next five fiscal years.
(3) An estimate and analysis for the current fiscal year and for each
of the next five fiscal years of gains to and losses from the number of
members on active duty in each officer grade, including a tabulation of
--
(A) retirements displayed by year of active commissioned service;
(B) discharges;
(C) other separations;
(D) deaths;
(E) promotions; and
(F) reserve and regular officers ordered to active duty.
(4) An analysis of the distribution of each of the following
categories of officers serving on active duty on the last day of the
preceding fiscal year by grade in which serving and years of active
commissioned service:
(A) Regular officers.
(B) Reserve officers on the active-duty list.
(C) Reserve officers described in clauses (B) and (C) of section
523(b)(1) of this title.
(D) Officers other than those specified in subparagraphs (A), (B),
and (C) serving in a temporary grade.
(5) An analysis of the number of officers and enlisted members
serving on active duty for training as of the last day of the preceding
fiscal year under orders specifying an aggregate period in excess of 180
days and an estimate for the current fiscal year of the number that will
be ordered to such duty, tabulated by --
(A) recruit and specialized training;
(B) flight training;
(C) professional training in military and civilian institutions; and
(D) officer acquisition training.
(f) In each such report, the Secretary shall also include
recommendations for the average student load for each category of
training for each component of the armed forces for the next three
fiscal years. The Secretary shall include in the report justification
for, and explanation of, the average student loads recommended.
(g)(1) In each such report, the Secretary shall also include
recommendations for the end-strength levels for medical personnel for
each component of the armed forces as of the end of the next fiscal
year.
(2) For purposes of this subsection, the term ''medical personnel''
includes --
(A) in the case of the Army, members of the Medical Corps, Dental
Corps, Nurse Corps, Medical Service Corps, Veterinary Corps, and Army
Medical Specialist Corps;
(B) in the case of the Navy, members of the Medical Corps, Dental
Corps, Nurse Corps, and Medical Service Corps;
(C) in the case of the Air Force, members designated as medical
officers, dental officers, Air Force nurses, medical service officers,
and biomedical science officers;
(D) enlisted members engaged in or supporting medically related
activities; and
(E) such other personnel as the Secretary considers appropriate.
(Added Pub. L. 101-510, div. A, title XIV, 1483(a), Nov. 5, 1990,
104 Stat. 1711; amended Pub. L. 102-190, div. A, title X, 1061(a)(1),
Dec. 5, 1991, 105 Stat. 1472.)
Provisions similar to those comprising this section were contained in
section 115(b)(1)(D), (3), (c)(2) of this title which was repealed by
Pub. L. 101-510, div. A, title XIV, 1483(a), Nov. 5, 1990, 104 Stat.
1710.
1991 -- Subsec. (d)(3). Pub. L. 102-190 inserted ''provide'' before
''a comprehensive''.
Section 402 of Pub. L. 102-190, as amended by Pub. L. 102-484, div.
A, title V, 513(b), Oct. 23, 1992, 106 Stat. 2406, required
Secretary of Defense to submit to Congress a report containing an
assessment of alternatives relating to structure and mix of active and
reserve forces appropriate for carrying out assigned missions in mid- to
late-1990s and an evaluation and recommendations of Secretary and
Chairman of Joint Chiefs of Staff as to mix or mixes of reserve and
active forces considered acceptable to carry out expected future
missions, and further provided for matters to be included in report and
evaluation, commencement of assessment, submission of interim and final
reports, and funding for assessment.
10 USC 115b. Annual report on National Guard and reserve component
equipment
TITLE 10 -- ARMED FORCES
(a) The Secretary of Defense shall submit to the Congress each year,
not later than February 15, a written report concerning the equipment of
the National Guard and the reserve components of the armed forces for
each of the three succeeding fiscal years.
(b) Each report under this section shall include the following:
(1) Recommendations as to the type and quantity of each major item of
equipment which should be in the inventory of the Selected Reserve of
the Ready Reserve of each reserve component of the armed forces.
(2) A statement of the quantity and average age of each type of major
item of equipment which is expected to be physically available in the
inventory of the Selected Reserve of the Ready Reserve of each reserve
component as of the beginning of each fiscal year covered by the report.
(3) A statement of the quantity and cost of each type of major item
of equipment which is expected to be procured for the Selective Reserve
of the Ready Reserve of each reserve component from commercial sources
or to be transferred to each such Selected Reserve from the active-duty
components of the armed forces.
(4) A statement of the quantity of each type of major item of
equipment which is expected to be retired, decommissioned, transferred,
or otherwise removed from the physical inventory of the Selected Reserve
of the Ready Reserve of each reserve component and the plans for
replacement of that equipment.
(5) A listing of each major item of equipment required by the
Selected Reserve of the Ready Reserve of each reserve component
indicating --
(A) the full war-time requirement of that component for that item,
shown in accordance with deployment schedules and requirements over
successive 30-day periods following mobilization;
(B) the number of each such item in the inventory of the component;
(C) a separate listing of each such item in the inventory that is a
deployable item and is not the most desired item;
(D) the number of each such item projected to be in the inventory at
the end of the third succeeding fiscal year; and
(E) the number of nondeployable items in the inventory as a
substitute for a required major item of equipment.
(6) A narrative explanation of the plan of the Secretary concerned to
provide equipment needed to fill the war-time requirement for each major
item of equipment to all units of the Selected Reserve, including an
explanation of the plan to equip units of the Selected Reserve that are
short of major items of equipment at the outset of war.
(7) For each item of major equipment reported under paragraph (3) in
a report for one of the three previous years under this section as an
item expected to be procured for the Selected Reserve or to be
transferred to the Selected Reserve, the quantity of such equipment
actually procured for or transferred to the Selected Reserve.
(8) A statement of the current status of the compatibility of
equipment between the Army reserve components and active forces of the
Army, the effect of that level of incompatibility on combat
effectiveness, and a plan to achieve full equipment compatibility.
(c) Each report under this section shall be expressed in the same
format and with the same level of detail as the information presented in
the annual Five Year Defense Program Procurement Annex prepared by the
Department of Defense.
(Added Pub. L. 101-510, div. A, title XIV, 1483(a), Nov. 5, 1990,
104 Stat. 1714; amended Pub. L. 102-484, div. A, title XI, 1134, Oct.
23, 1992, 106 Stat. 2541.)
Provisions similar to those comprising this section were contained in
section 115(a)(2), (3) of this title which was repealed by Pub. L.
101-510, div. A, title XIV, 1483(a), Nov. 5, 1990, 104 Stat. 1710.
1992 -- Subsec. (b)(8). Pub. L. 102-484 added par. (8).
10 USC 116. Annual operations and maintenance report
TITLE 10 -- ARMED FORCES
(a)(1) The Secretary of Defense shall submit to Congress a written
report, not later than February 15 of each fiscal year, with respect to
the operations and maintenance of the Army, Navy, Air Force, and Marine
Corps for the next fiscal year. The Secretary shall include in each
such report recommendations for --
(A) the number of aircraft flying hours for the Army, Navy, Air
Force, and Marine Corps for the next fiscal year, the number of ship
steaming hours for the Navy for the next fiscal year, and the number of
field training days for the combat arms battalions of the Army and
Marine Corps for the next fiscal year;
(B) the number of ships over 3,000 tons (full load displacement) in
each Navy ship classification on which major repair work should be
performed during the next fiscal year; and
(C) the number of airframe reworks, aircraft engine reworks, and
vehicle overhauls which should be performed by the Army, Navy, Air
Force, and Marine Corps during the next fiscal year.
(2) The Secretary shall also include in each such report the
justification for and an explanation of the level of funding recommended
in the Budget of the President for the next fiscal year for aircraft
flying hours, ship steaming hours, field training days for the combat
arms battalions, major repair work to be performed on ships of the Navy,
airframe reworks, aircraft engine reworks, and vehicle overhauls.
(b) In this section:
(1) The term ''combat arms battalions'' means, armor, infantry,
mechanized infantry, air assault infantry, airborne infantry, ranger,
artillery, and combat engineer battalions and armored cavalry and air
cavalry squadrons.
(2) The term ''major repair work'' means, in the case of any ship to
which such subsection is applicable, any overhaul, modification,
alteration, or conversion work which will result in a total cost to the
United States of more than $10,000,000.
(Added Pub. L. 96-342, title X, 1001(b)(3), (c)(2), Sept. 8, 1980,
94 Stat. 1118, 1119, 138(e), (f)(2); amended Pub. L. 96-513, title V,
511(4)(B), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 97-86, title III,
302, Dec. 1, 1981, 95 Stat. 1104; renumbered 116 and amended Pub. L.
99-433, title I, 101(a)(2), 110(b)(6), (7), (9), (10), Oct. 1, 1986,
100 Stat. 994, 1002.)
1986 -- Pub. L. 99-433 successively redesignated subsecs. (e) and
(f)(2) of section 138 of this title as subsecs. (e) and (f)(2) of
section 114 of this title and then as subsecs. (a) and (b),
respectively, of this section, added section catchline, and made minor
conforming changes in text.
1981 -- Subsec. (a)(3), (4), formerly 138(e)(3), (4). Pub. L.
97-86 struck out pars. (3) and (4) which required the Secretary to
include in each report a projection of the combat readiness of specified
military units proposed to be maintained during the next fiscal year.
1980 -- Subsec. (b), formerly 138(f)(2). Pub. L. 96-513
substituted ''In subsection (e)'' for ''In subsection (f)''.
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513.
10 USC ( 117, 118. Repealed. Pub. L. 101-510, div. A, title XIII,
1301(1), (2), Nov. 5, 1990, 104 Stat. 1668)
TITLE 10 -- ARMED FORCES
Section 117, added Pub. L. 97-295, 1(2)(A), Oct. 12, 1982, 96
Stat. 1287, 133a; renumbered 117 and amended Pub. L. 99-433, title
I, 101(a)(2), 110(d)(3), Oct. 1, 1986, 100 Stat. 994, 1002, required
annual report on North Atlantic Treaty Organization readiness.
Section 118, added Pub. L. 97-295, 1(2)(A), Oct. 12, 1982, 96
Stat. 1288, 133b; renumbered 118, Pub. L. 99-433, title I,
101(a)(2), Oct. 1, 1986, 100 Stat. 994, required reports to Congress
on sales or transfers of defense articles.
10 USC 119. Special access programs: congressional oversight
TITLE 10 -- ARMED FORCES
(a)(1) Not later than February 1 of each year, the Secretary of
Defense shall submit to the defense committees a report on special
access programs.
(2) Each such report shall set forth --
(A) the total amount requested for special access programs of the
Department of Defense in the President's budget for the next fiscal year
submitted under section 1105 of title 31; and
(B) for each program in that budget that is a special access program
--
(i) a brief description of the program;
(ii) a brief discussion of the major milestones established for the
program;
(iii) the actual cost of the program for each fiscal year during
which the program has been conducted before the fiscal year during which
that budget is submitted; and
(iv) the estimated total cost of the program and the estimated cost
of the program for (I) the current fiscal year, (II) the fiscal year for
which the budget is submitted, and (III) each of the four succeeding
fiscal years during which the program is expected to be conducted.
(3) In the case of a report under paragraph (1) submitted in a year
during which the President's budget for the next fiscal year, because of
multiyear budgeting for the Department of Defense, does not include a
full budget request for the Department of Defense, the report required
by paragraph (1) shall set forth --
(A) the total amount already appropriated for the next fiscal year
for special access programs of the Department of Defense and any
additional amount requested in that budget for such programs for such
fiscal year; and
(B) for each program of the Department of Defense that is a special
access program, the information specified in paragraph (2)(B).
(b)(1) Not later than February 1 of each year, the Secretary of
Defense shall submit to the defense committees a report that, with
respect to each new special access program, provides --
(A) notice of the designation of the program as a special access
program; and
(B) justification for such designation.
(2) A report under paragraph (1) with respect to a program shall
include --
(A) the current estimate of the total program cost for the program;
and
(B) an identification of existing programs or technologies that are
similar to the technology, or that have a mission similar to the
mission, of the program that is the subject of the notice.
(3) In this subsection, the term ''new special access program'' means
a special access program that has not previously been covered in a
notice and justification under this subsection.
(c)(1) Whenever a change in the classification of a special access
program of the Department of Defense is planned to be made or whenever
classified information concerning a special access program of the
Department of Defense is to be declassified and made public, the
Secretary of Defense shall submit to the defense committees a report
containing a description of the proposed change, the reasons for the
proposed change, and notice of any public announcement planned to be
made with respect to the proposed change.
(2) Except as provided in paragraph (3), any report referred to in
paragraph (1) shall be submitted not less than 14 days before the date
on which the proposed change or public announcement is to occur.
(3) If the Secretary determines that because of exceptional
circumstances the requirement of paragraph (2) cannot be met with
respect to a proposed change or public announcement concerning a special
access program of the Department of Defense, the Secretary may submit
the report required by paragraph (1) regarding the proposed change or
public announcement at any time before the proposed change or public
announcement is made and shall include in the report an explanation of
the exceptional circumstances.
(d) Whenever there is a modification or termination of the policy and
criteria used for designating a program of the Department of Defense as
a special access program, the Secretary of Defense shall promptly notify
the defense committees of such modification or termination. Any such
notification shall contain the reasons for the modification or
termination and, in the case of a modification, the provisions of the
policy as modified.
(e)(1) The Secretary of Defense may waive any requirement under
subsection (a), (b), or (c) that certain information be included in a
report under that subsection if the Secretary determines that inclusion
of that information in the report would adversely affect the national
security. Any such waiver shall be made on a case-by-case basis.
(2) If the Secretary exercises the authority provided under paragraph
(1), the Secretary shall provide the information described in that
subsection with respect to the special access program concerned, and the
justification for the waiver, jointly to the chairman and ranking
minority member of each of the defense committees.
(f) A special access program may not be initiated until --
(1) the defense committees are notified of the program; and
(2) a period of 30 days elapses after such notification is received.
(g) In this section, the term ''defense committees'' means --
(1) the Committees on Armed Services and Appropriations of the Senate
and House of Representatives; and
(2) the Defense Subcommittees of the Committees on Appropriations of
the Senate and House of Representatives.
(Added Pub. L. 100-180, div. A, title XI, 1132(a)(1), Dec. 4, 1987,
101 Stat. 1151; amended Pub. L. 101-510, div. A, title XIV, 1461,
1482(a), Nov. 5, 1990, 104 Stat. 1698, 1709.)
1990 -- Subsec. (c). Pub. L. 101-510, 1461(a), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows:
''Whenever a change is made in the status of a program of the Department
of Defense as a special access program, the Secretary of Defense shall
submit to the defense committees a report describing the change. Any
such report shall be submitted not later than 30 days after the date on
which the change takes effect.''
Subsec. (f). Pub. L. 101-510, 1482(a)(2), added subsec. (f).
Former subsec. (f) redesignated (g).
Pub. L. 101-510, 1461(b), inserted ''and Appropriations'' after
''Armed Services'' in par. (1).
Subsec. (g). Pub. L. 101-510, 1482(a)(1), redesignated subsec. (f)
as (g).
Section 1482(d) of Pub. L. 101-510 provided that: ''The amendments
made by this section (enacting section 2214 of this title and amending
this section and section 1584 of this title) shall take effect on
October 1, 1991.''
Section 1132(b), (c) of Pub. L. 100-180 provided that:
''(b) Five-Year Reference Amounts. -- The first report under
subsection (a) of section 119 of title 10, United States Code (as added
by subsection (a)), shall set forth --
''(1) the total amount requested in the President's budget for each
of the five previous fiscal years for special access programs of the
Department of Defense that were included in the budget; and
''(2) the total amount appropriated for each such year for such
programs.
''(c) Initial Report on Special Access Program Designations. -- The
first report under subsection (b) of section 119 of title 10, United
States Code (as added by subsection (a)), shall cover each existing
special access program.''
10 USC CHAPTER 3 -- GENERAL POWERS AND FUNCTIONS
TITLE 10 -- ARMED FORCES
Sec.
121. Regulations.
122. Official registers.
123. Suspension of certain provisions of law relating to reserve
commissioned officers.
123a. Suspension of end-strength limitations in time of war or
national emergency.
124. Detection and monitoring of aerial and maritime transit of
illegal drugs: Department of Defense to be lead agency.
125. Functions, powers, and duties: transfer, reassignment,
consolidation, or abolition.
126. Transfer of funds and employees.
127. Emergency and extraordinary expenses.
128. Physical protection of special nuclear material: limitation on
dissemination of unclassified information.
129. Prohibition of certain civilian personnel management
constraints.
129a. General personnel policy.
129b. Experts and consultants: authority to procure services of.
130. Authority to withhold from public disclosure certain technical
data.
1990 -- Pub. L. 101-510, div. A, title XIV, 1481(b)(2),
1483(c)(2), Nov. 5, 1990, 104 Stat. 1705, 1715, added items 123a,
129a, and 129b.
1989 -- Pub. L. 101-189, div. A, title XII, 1202(a)(2), Nov. 29,
1989, 103 Stat. 1563, added item 124.
1987 -- Pub. L. 100-180, div. A, title XI, 1123(b), Dec. 4, 1987,
101 Stat. 1150, added item 128.
Pub. L. 100-26, 9(b)(1), Apr. 21, 1987, 101 Stat. 287, struck out
item 128 ''Funds transfers for foreign cryptologic support''.
1986 -- Pub. L. 99-433, title I, 110(c)(2), (e)(1), title II,
211(c)(2), Oct. 1, 1986, 100 Stat. 1002, 1003, 1017, inserted ''and
Functions'' after ''General Powers'' in chapter heading, struck out item
124 ''Combatant commands: establishment; composition; functions;
administration and support'', and added items 127 to 130.
1962 -- Pub. L. 87-651, title II, 201(b), Sept. 7, 1962, 76 Stat.
517, added items 124 to 126.
1958 -- Pub. L. 85-861, 1(2)(B), Sept. 2, 1958, 72 Stat. 1437,
added items 122 and 123.
10 USC 121. Regulations
TITLE 10 -- ARMED FORCES
The President may prescribe regulations to carry out his functions,
powers, and duties under this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 6.)
The revised section is inserted to make express the President's
general authority to issue regulations, which has been expressly
reflected in many laws and left to inference in the remainder.
Authority and direction of President --
Chairman of Joint Chiefs of Staff, see section 152 of this title.
Joint Chiefs of Staff, see section 151 of this title.
Imperative regulations --
Annuities based on retired or retainer pay, see section 1444 of this
title.
Organization, discipline, and government of National Guard, see
section 110 of Title 32, National Guard.
Permissive regulations --
Commanding officer's non-judicial punishment, see section 815 of this
title.
Discipline of Marine Corps, see section 6012 of this title.
Government of the Army or Air Force, see sections 3061, 8061 of this
title.
Uniform Code of Military Justice, see section 836 of this title.
Uniform Code of Military Justice, delegation of authority vested in
President, see section 940 of this title.
10 USC 122. Official registers
TITLE 10 -- ARMED FORCES
The Secretary of a military department may have published, annually
or at such other times as he may designate, official registers
containing the names of, and other pertinent information about, such
regular and reserve officers of the armed forces under his jurisdiction
as he considers appropriate. The register may also contain any other
list that the Secretary considers appropriate.
(Added Pub. L. 85-861, 1(2)(A), Sept. 2, 1958, 72 Stat. 1437.)
10 USC 123. Suspension of certain provisions of law relating to
reserve commissioned officers
TITLE 10 -- ARMED FORCES
(a) In time of war, or of national emergency declared by Congress,
the President may suspend the operation of any provision of the
following sections of this title with respect to any armed force: 281,
592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) (last
sentence), 3353, 3354, 3359, 3360, 3362, 3363, 3364, 3365, 3366, 3367,
3368, 3369, 3370, 3371, 3375, 3378, 3380, 3382, 3383, 3384, 3385, 3386,
3388, 3389, 3390, 3392, 3393, 3819, 3820(c), 3843, 3844, 3845, 3846,
3848, 3850, 3851, 3852, 3853, 3854, 3855, 5414, 5457, 5458, 5506, 5600,
5665, 5891, 5892, 5893, 5894, 5895, 5896, 5897, 5898, 5899, 5900, 5901,
5902, 5903, 5904, 5905, 5906, 5908, 5909, 5910, 5911, 6389, 6391, 6397,
6403, 6410, 8217, 8218, 8219, 8353, 8354, 8358, 8359, 8360, 8361, 8362,
8363, 8365, 8366, 8367, 8368, 8371, 8372, 8373, 8374, 8375, 8376, 8377,
8378, 8379, 8380, 8381, 8392, 8393, 8819, 8843, 8844, 8845, 8846, 8848,
8850, 8851, 8852, 8853, and 8855.
(b) If a provision is so suspended, the Secretary of Defense shall,
before the end of that suspension, recommend to Congress legislation
necessary to adjust the grades of reserve commissioned officers other
than commissioned warrant officers. So far as practicable, this
legislation shall be the same as that recommended for adjusting the
grades of officers of the regular component of the armed force
concerned.
(Added Pub. L. 85-861, 1(2)(A), Sept. 2, 1958, 72 Stat. 1437;
amended Pub. L. 86-559, 1(1), June 30, 1960, 74 Stat. 264; Pub. L.
89-718, 1, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90-130, 1(1), Nov.
8, 1967, 81 Stat. 374; Pub. L. 96-513, title V, 501(3), 511(1), Dec.
12, 1980, 94 Stat. 2907, 2920; Pub. L. 97-22, 10(b)(1), July 10, 1981,
95 Stat. 137.)
In subsection (b), the words ''the same as'' are substituted for the
word ''comparable'', since any necessary differences in the recommended
legislation between Reserves and Regulars are fully taken account of in
the words ''So far as practicable''.
1981 -- Subsec. (a). Pub. L. 97-22 struck out references to sections
3494 and 8494.
1980 -- Subsec. (a). Pub. L. 96-513 struck out references to
sections 3571, 3847, 5867, 8370, 8571, and 8847.
1967 -- Subsec. (a). Pub. L. 90-130 struck out reference to section
3391.
1966 -- Subsec. (a). Pub. L. 89-718 struck out reference to section
5907.
1960 -- Subsec. (a). Pub. L. 86-559 inserted references to sections
281, 3855, and 8855 and struck out references to sections 3841, 3842,
3849, 8841, 8842, and 8849.
Section 10(b) of Pub. L. 97-22 provided that the amendment made by
that section is effective Sept. 15, 1981.
Amendment by section 501(3) of Pub. L. 96-513, striking out
references to sections 3571, 5867, and 8571, effective Sept. 15, 1981,
and amendment by section 511(1) of Pub. L. 96-513, striking out
references to sections 3847, 8370, and 8847, effective Dec. 12, 1980,
see section 701 of Pub. L. 96-513, set out as a note under section 101
of this title.
Functions of President under this section delegated to Secretary of
Defense, see section 1(11) of Ex. Ord. No. 11390, Jan. 22, 1968, 33
F.R. 841, set out as a note under section 301 of Title 3, The President.
10 USC 123a. Suspension of end-strength limitations in time of war or
national emergency
TITLE 10 -- ARMED FORCES
If at the end of any fiscal year there is in effect a war or national
emergency, the President may defer the effectiveness of any end-strength
limitation with respect to that fiscal year prescribed by law for any
military or civilian component of the armed forces or of the Department
of Defense. Any such deferral may not extend beyond November 30 of the
following fiscal year.
(Added Pub. L. 101-510, div. A, title XIV, 1483(b)(1), Nov. 5, 1990,
104 Stat. 1715.)
Provisions similar to those comprising this section were contained in
section 115(b)(4) of this title which was repealed by Pub. L. 101-510,
div. A, title XIV, 1483(a), Nov. 5, 1990, 104 Stat. 1710.
10 USC 124. Detection and monitoring of aerial and maritime transit of
illegal drugs: Department of Defense to be lead agency
TITLE 10 -- ARMED FORCES
(a) Lead Agency. -- (1) The Department of Defense shall serve as the
single lead agency of the Federal Government for the detection and
monitoring of aerial and maritime transit of illegal drugs into the
United States.
(2) The responsibility conferred by paragraph (1) shall be carried
out in support of the counter-drug activities of Federal, State, local,
and foreign law enforcement agencies.
(b) Performance of Detection and Monitoring Function. -- (1) To carry
out subsection (a), Department of Defense personnel may operate
equipment of the Department to intercept a vessel or an aircraft
detected outside the land area of the United States for the purposes of
--
(A) identifying and communicating with that vessel or aircraft; and
(B) directing that vessel or aircraft to go to a location designated
by appropriate civilian officials.
(2) In cases in which a vessel or an aircraft is detected outside the
land area of the United States, Department of Defense personnel may
begin or continue pursuit of that vessel or aircraft over the land area
of the United States.
(c) United States Defined. -- In this section, the term ''United
States'' means the land area of the several States and any territory,
commonwealth, or possession of the United States.
(Added Pub. L. 101-189, div. A, title XII, 1202(a)(1), Nov. 29,
1989, 103 Stat. 1563; amended Pub. L. 102-190, div. A, title X,
1088(b), Dec. 5, 1991, 105 Stat. 1485.)
A prior section 124, added Pub. L. 87-651, title II, 201(a), Sept.
7, 1962, 76 Stat. 514; amended Pub. L. 98-525, title XIII, 1301(a),
Oct. 19, 1984, 98 Stat. 2611; Pub. L. 99-145, title XIII,
1303(a)(1), Nov. 8, 1985, 99 Stat. 738, which related to
establishment, composition, and functions of combatant commands. See
section 161 et seq. of this title, was repealed by Pub. L. 99-433,
title II, 211(c)(1), Oct. 1, 1986, 100 Stat. 1017.
Similar provisions were contained in Pub. L. 100-456, div. A, title
XI, 1102, Sept. 29, 1988, 102 Stat. 2042, which was set out as a note
under section 113 of this title and which was repealed by Pub. L.
101-189, div. A, title XII, 1202(b), Nov. 29, 1989, 103 Stat. 1563.
1991 -- Subsec. (a). Pub. L. 102-190 designated existing provisions
as par. (1) and added par. (2).
Pub. L. 102-484, div. A, title X, 1043, Oct. 23, 1992, 106 Stat.
2492, provided that:
''(a) Requirements of Detection and Monitoring Systems. -- The
Secretary of Defense shall establish requirements for counter-drug
detection and monitoring systems to be used by the Department of Defense
in the performance of its mission under section 124(a) of title 10,
United States Code, as lead agency of the Federal Government for the
detection and monitoring of the transit of illegal drugs into the United
States. Such requirements shall be designed --
''(1) to minimize unnecessary redundancy between counter-drug
detection and monitoring systems;
''(2) to grant priority to assets and technologies of the Department
of Defense that are already in existence or that would require little
additional development to be available for use in the performance of
such mission;
''(3) to promote commonality and interoperability between
counter-drug detection and monitoring systems in a cost-effective
manner; and
''(4) to maximize the potential of using counter-drug detection and
monitoring systems for other defense missions whenever practicable.
''(b) Evaluation of Systems. -- The Secretary of Defense shall
identify and evaluate existing and proposed counter-drug detection and
monitoring systems in light of the requirements established under
subsection (a). In carrying out such evaluation, the Secretary shall --
''(1) assess the capabilities, strengths, and weaknesses of
counter-drug detection and monitoring systems; and
''(2) determine the optimal and most cost-effective combination of
use of counter-drug detection and monitoring systems to carry out
activities relating to the reconnaissance, detection, and monitoring of
drug traffic.
''(c) Systems Plan. -- Based on the results of the evaluation under
subsection (b), the Secretary of Defense shall prepare a plan for the
development, acquisition, and use of improved counter-drug detection and
monitoring systems by the Armed Forces. In developing the plan, the
Secretary shall also make every effort to determine which counter-drug
detection and monitoring systems should be eliminated from the
counter-drug program based on the results of such evaluation. The plan
shall include an estimate by the Secretary of the full cost to implement
the plan, including the cost to develop, procure, operate, and maintain
equipment used in counter-drug detection and monitoring activities
performed under the plan and training and personnel costs associated
with such activities.
''(d) Report. -- Not later than six months after the date of the
enactment of this Act (Oct. 23, 1992), the Secretary of Defense shall
submit to Congress a report on the requirements established under
subsection (a) and the results of the evaluation conducted under
subsection (b). The report shall include the plan prepared under
subsection (c).
''(e) Limitation on Obligation of Funds. -- (1) Except as provided in
paragraph (2), none of the funds appropriated or otherwise made
available for the Department of Defense for fiscal year 1993 pursuant to
an authorization of appropriations in this Act (see Tables for
classification) may be obligated or expended for the procurement or
upgrading of a counter-drug detection and monitoring system, for
research and development with respect to such a system, or for the lease
or rental of such a system until after the date on which the Secretary
of Defense submits to Congress the report required under subsection (d).
''(2) Paragraph (1) shall not prohibit obligations or expenditures of
funds for --
''(A) any procurement, upgrading, research and development, or lease
of a counter-drug detection and monitoring system that is necessary to
carry out the evaluation required under subsection (b); or
''(B) the operation and maintenance of counter-drug detection and
monitoring systems used by the Department of Defense as of the date of
the enactment of this Act.
''(f) Definition. -- For purposes of this section, the term
'counter-drug detection and monitoring systems' means land-, air-, and
sea-based detection and monitoring systems suitable for use by the
Department of Defense in the performance of its mission --
''(1) under section 124(a) of title 10, United States Code, as lead
agency of the Federal Government for the detection and monitoring of the
aerial and maritime transit of illegal drugs into the United States;
and
''(2) to provide support to law enforcement agencies in the
detection, monitoring, and communication of the movement of traffic at,
near, and outside the geographic boundaries of the United States.''
Section 1204(a) of Pub. L. 101-189 provided that:
''(1) The Secretary of Defense shall integrate into an effective
communications network the command, control, communications, and
technical intelligence assets of the United States that are dedicated
(in whole or in part) to the interdiction of illegal drugs into the
United States.
''(2) The Secretary shall carry out this subsection in consultation
with the Director of National Drug Control Policy.''
Section 1205 of Pub. L. 101-189 provided that: ''The Secretary of
Defense shall ensure that adequate research and development activities
of the Department of Defense, including research and development
activities of the Defense Advanced Research Projects Agency, are devoted
to technologies designed to improve --
''(1) the ability of the Department to carry out the detection and
monitoring function of the Department under section 124 of title 10,
United States Code, as added by section 1202; and
''(2) the ability to detect illicit drugs and other dangerous and
illegal substances that are concealed in containers.''
Section 1206 of Pub. L. 101-189 provided that:
''(a) Exercises Required. -- The Secretary of Defense shall direct
that the armed forces, to the maximum extent practicable, shall conduct
military training exercises (including training exercises conducted by
the reserve components) in drug-interdiction areas.
''(b) Report. -- (1) Not later than February 1 of 1991 and 1992, the
Secretary shall submit to Congress a report on the implementation of
subsection (a) during the preceding fiscal year.
''(2) The report shall include --
''(A) a description of the exercises conducted in drug-interdiction
areas and the effectiveness of those exercises in the national
counter-drug effort; and
''(B) a description of those additional actions that could be taken
(and an assessment of the results of those actions) if additional funds
were made available to the Department of Defense for additional military
training exercises in drug-interdiction areas for the purpose of
enhancing interdiction and deterrence of drug smuggling.
''(c) Drug-Interdiction Areas Defined. -- For purposes of this
section, the term 'drug-interdiction areas' includes land and sea areas
in which, as determined by the Secretary, the smuggling of drugs into
the United States occurs or is believed by the Secretary to have
occurred.''
10 USC 125. Functions, powers, and duties: transfer, reassignment,
consolidation, or abolition
TITLE 10 -- ARMED FORCES
(a) Subject to section 2 of the National Security Act of 1947 (50
U.S.C. 401), the Secretary of Defense shall take appropriate action
(including the transfer, reassignment, consolidation, or abolition of
any function, power, or duty) to provide more effective, efficient, and
economical administration and operation, and to eliminate duplication,
in the Department of Defense. However, except as provided by
subsections (b) and (c), a function, power, or duty vested in the
Department of Defense, or an officer, official, or agency thereof, by
law may not be substantially transferred, reassigned, consolidated, or
abolished.
(b) Notwithstanding subsection (a), if the President determines it to
be necessary because of hostilities or an imminent threat of
hostilities, any function, power, or duty vested by law in the
Department of Defense, or an officer, official, or agency thereof,
including one assigned to the Army, Navy, Air Force, or Marine Corps by
section 3062(b), 5062, 5063, or 8062(c) of this title, may be
transferred, reassigned, or consolidated. The transfer, reassignment,
or consolidation remains in effect until the President determines that
hostilities have terminated or that there is no longer an imminent
threat of hostilities, as the case may be.
(c) Notwithstanding subsection (a), the Secretary of Defense may
assign or reassign the development and operational use of new weapons or
weapons systems to one or more of the military departments or one or
more of the armed forces.
(Added Pub. L. 87-651, title II, 201(a), Sept. 7, 1962, 76 Stat.
515; amended Pub. L. 89-501, title IV, 401, July 13, 1966, 80 Stat.
278; Pub. L. 98-525, title XIV, 1405(1), Oct. 19, 1984, 98 Stat.
2621; Pub. L. 99-433, title I, 103, title III, 301(b)(1), title V,
514(c)(1), Oct. 1, 1986, 100 Stat. 996, 1022, 1055; Pub. L. 101-510,
div. A, title XIII, 1301(3), Nov. 5, 1990, 104 Stat. 1668.)
In subsection (a), the following substitutions are made: ''Except as
provided by subsections (b) and (c)'' for ''except as otherwise provided
in this subsection''; ''vested . . . by law'' for ''established by law
to be performed by''; ''recommending'' for ''stating''; ''proposes''
for ''contemplates''; and ''the period'' for ''the thirty-day period or
the forty-day period''. The words ''on the first day after'' are
inserted for clarity. The words ''if carried out'' are omitted as
surplusage.
In subsection (b), the words ''Notwithstanding subsection (a)'' are
substituted for the words ''Notwithstanding other provisions of this
subsection''; and ''Unless the President determines otherwise'' for
''subject to the determination of the President''.
In subsection (c), the following substitutions are made:
''Notwithstanding subsection (a)'' for ''Notwithstanding the provisions
of paragraph (1) hereof''; and ''armed forces'' for ''services''.
In subsection (d), the following substitutions are made: ''In
subsection (a) (1)'' for ''within the meaning of paragraph (1) hereof'';
and ''considers'' for ''deems''. The words ''advantageous to the
Government in terms of'' are omitted as surplusage.
1990 -- Subsec. (c). Pub. L. 101-510 struck out at end ''However,
notwithstanding any other provision of this title or any other law, the
Secretary of Defense shall not direct or approve a plan to initiate or
effect a substantial reduction or elimination of a major weapons system
until the Secretary of Defense has reported all the pertinent details of
the proposed action to the Congress of the United States while the
Congress is in session.''
1986 -- Subsec. (a). Pub. L. 99-433, 103(1), struck out provision
under which the Secretary of Defense could substantially transfer,
reassign, consolidate, or abolish functions, powers, or duties vested in
the Department of Defense by law if the Secretary reported the details
of the proposed transfer, reassignment, consolidation, or abolition to
Congress and if Congress did not affirmatively reject the proposal.
Subsec. (b). Pub. L. 99-433, 103(2), 514(c)(1), inserted ''vested
by law in the Department of Defense, or an officer, official, or agency
thereof'' and substituted ''5062, 5063'' for ''5012, 5013''.
Subsec. (d). Pub. L. 99-433, 301(b)(1), struck out subsec. (d)
which read as follows: ''In subsection (a)(1), 'major combatant
function, power, or duty' does not include a supply or service activity
common to more than one military department. The Secretary of Defense
shall, whenever he determines it will be more effective, economical, or
efficient, provide for the performance of such an activity by one agency
or such other organizations as he considers appropriate.''
1984 -- Subsec. (a). Pub. L. 98-525 substituted ''section 2 of the
National Security Act of 1947 (50 U.S.C. 401)'' for ''section 401 of
title 50''.
1966 -- Subsec. (c). Pub. L. 89-501 required the Secretary of
Defense to report to the Congress all the pertinent details regarding
any substantial reduction or elimination of a major weapons system
before action could be initiated or effected by the Department of
Defense.
Section 303 of Pub. L. 87-651 provided that:
''(a) For the purposes of this section, any resolution reported to
the Senate or the House of Representatives pursuant to the provisions of
section 125 of title 10, United States Code, shall be treated for the
purpose of consideration by either House, in the same manner as a
resolution with respect to a reorganization plan reported by a committee
within the meaning of the Reorganization Act of 1949 as in effect on
July 1, 1958 (5 U.S.C. 133z and the following) (63 Stat. 203; 71 Stat.
611), and shall be governed by the provisions applicable to the
consideration of any such resolution by either House of the Congress as
provided by sections 205 and 206 of that Act (63 Stat. 207).
''(b) The provisions of this section are enacted by the Congress --
''(1) as an exercise of the rule-making power of the Senate and the
House of Representatives, respectively, and as such they shall be
considered as part of the rules of each House, respectively, and
supersede other rules only to the extent that they are inconsistent
therewith; and
''(2) with full recognition of the constitutional right of either
House to change the rules (as far as relating to the procedure in that
House) at any time, in the same manner and to the same extent as in the
case of any other rule of that House.''
10 USC 126. Transfer of funds and employees
TITLE 10 -- ARMED FORCES
(a) When a function, power, or duty or an activity of a department or
agency of the Department of Defense is transferred or assigned to
another department or agency of that department, balances of
appropriations that the Secretary of Defense determines are available
and needed to finance or discharge that function, power, duty, or
activity, as the case may be, may, with the approval of the President,
be transferred to the department or agency to which that function,
power, duty or activity, as the case may be, is transferred, and used
for any purpose for which those appropriations were originally
available. Balances of appropriations so transferred shall --
(1) be credited to any applicable appropriation account of the
receiving department or agency; or
(2) be credited to a new account that may be established on the books
of the Department of the Treasury;
and be merged with the funds already credited to that account and
accounted for as one fund. Balances of appropriations credited to an
account under clause (1) are subject only to such limitations as are
specifically applicable to that account. Balances of appropriations
credited to an account under clause (2) are subject only to such
limitations as are applicable to the appropriations from which they are
transferred.
(b) When a function, power, or duty or an activity of a department or
agency of the Department of Defense is transferred to another department
or agency of that department, those civilian employees of the department
or agency from which the transfer is made that the Secretary of Defense
determines are needed to perform that function, power, or duty, or for
that activity, as the case may be, may, with the approval of the
President, be transferred to the department or agency to which that
function, power, duty, or activity, as the case may be, is transferred.
The authorized strength in civilian employees of a department or agency
from which employees are transferred under this section is reduced by
the number of employees so transferred. The authorized strength in
civilian employees of a department or agency to which employees are
transferred under this section is increased by the number of employees
so transferred.
(Added Pub. L. 87-651, title II, 201(a), Sept. 7, 1962, 76 Stat.
516; amended Pub. L. 96-513, title V, 511(2), Dec. 12, 1980, 94 Stat.
2920.)
In subsection (a), the words ''under authority of law'' are omitted
as surplusage. The following substitutions are made: ''needed'' for
''necessary''; ''used'' for ''be available for use by''; and ''those
appropriations'' for ''said funds''.
In subsection (b), 5 U.S.C. 172f(b) is restated to reflect more
clearly its purpose to authorize ''transfers of personnel'' (Senate
Report No. 366, 81st Congress, p. 23).
1980 -- Subsec. (b) Pub. L. 96-513 substituted ''President'' for
''Director of the Bureau of the Budget''.
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.
Authority of President under subsec. (a) of this section to approve
transfers of balances of appropriations provided for therein delegated
to Director of Office of Management and Budget, see section 9(2) of Ex.
Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
section 301 of Title 3, The President.
10 USC 127. Emergency and extraordinary expenses
TITLE 10 -- ARMED FORCES
(a) Subject to the limitations of subsection (c), and within the
limitation of appropriations made for the purpose, the Secretary of
Defense and the Secretary of a military department within his
department, may provide for any emergency or extraordinary expense which
cannot be anticipated or classified. When it is so provided in such an
appropriation, the funds may be spent on approval or authority of the
Secretary concerned for any purpose he determines to be proper, and such
a determination is final and conclusive upon the accounting officers of
the United States. The Secretary concerned may certify the amount of
any such expenditure authorized by him that he considers advisable not
to specify, and his certificate is sufficient voucher for the
expenditure of that amount.
(b) The authority conferred by this section may be delegated by the
Secretary of Defense to any person in the Department of Defense or by
the Secretary of a military department to any person within his
department, with or without the authority to make successive
redelegations.
(c) In any case in which funds are expended under the authority of
subsections (a) and (b), the Secretary of Defense shall submit a report
of such expenditures on a quarterly basis to the Committees on Armed
Services and Appropriations of the Senate and the House of
Representatives.
(Added Pub. L. 94-106, title VIII, 804(a), Oct. 7, 1975, 89 Stat.
538, 140; amended Pub. L. 98-94, title XII, 1268(2), Sept. 24, 1983,
97 Stat. 705; renumbered 127 and amended Pub. L. 99-433, title I,
101(a)(3), 110(d)(4), Oct. 1, 1986, 100 Stat. 994, 1002.)
1986 -- Pub. L. 99-433 renumbered section 140 of this title as this
section and substituted ''Emergency'' for ''Emergencies'' in section
catchline.
1983 -- Subsec. (a). Pub. L. 98-94 struck out ''of this section''
after ''subsection (c)''.
Subsec. (c). Pub. L. 98-94 struck out ''of this section'' after
''subsections (a) and (b)''.
Pub. L. 97-99, title IX, 903, Dec. 23, 1981, 95 Stat. 1382, which
authorized the Secretary of Defense, in the event of a declaration of
war or the declaration of a national emergency by the President, to
undertake military construction without regard to any other provisions
of law, was repealed and restated as section 2808 of this title by Pub.
L. 97-214, 2(a), 7(18), July 12, 1982, 96 Stat. 157, 174, effective
Oct. 1, 1982.
10 USC 128. Physical protection of special nuclear material:
limitation on dissemination of unclassified information
TITLE 10 -- ARMED FORCES
(a)(1) In addition to any other authority or requirement regarding
protection from dissemination of information, and subject to section
552(b)(3) of title 5, the Secretary of Defense, with respect to special
nuclear materials, shall prescribe such regulations, after notice and
opportunity for public comment thereon, or issue such orders as may be
necessary to prohibit the unauthorized dissemination of unclassified
information pertaining to security measures, including security plans,
procedures, and equipment for the physical protection of special nuclear
material.
(2) The Secretary may prescribe regulations or issue orders under
paragraph (1) to prohibit the dissemination of any information described
in such paragraph only if and to the extent that the Secretary
determines that the unauthorized dissemination of such information could
reasonably be expected to have a significant adverse effect on the
health and safety of the public or the common defense and security by
significantly increasing the likelihood of --
(A) illegal production of nuclear weapons, or
(B) theft, diversion, or sabotage of special nuclear materials,
equipment, or facilities.
(3) In making a determination under paragraph (2), the Secretary may
consider what the likelihood of an illegal production, theft, diversion,
or sabotage referred to in such paragraph would be if the information
proposed to be prohibited from dissemination under this section were at
no time available for dissemination.
(4) The Secretary shall exercise his authority under this subsection
to prohibit the dissemination of any information described in paragraph
(1) --
(A) so as to apply the minimum restrictions needed to protect the
health and safety of the public or the common defense and security; and
(B) upon a determination that the unauthorized dissemination of such
information could reasonably be expected to result in a significant
adverse effect on the health and safety of the public or the common
defense and security by significantly increasing the likelihood of --
(i) illegal production of nuclear weapons, or
(ii) theft, diversion, or sabotage of nuclear materials, equipment,
or facilities.
(b) Nothing in this section shall be construed to authorize the
Secretary to withhold, or to authorize the withholding of, information
from the appropriate committees of the Congress.
(c) Any determination by the Secretary concerning the applicability
of this section shall be subject to judicial review pursuant to section
552(a)(4)(B) of title 5.
(d) The Secretary shall prepare on an annual basis a report to be
made available upon the request of any interested person, detailing the
Secretary's application during that period of each regulation or order
prescribed or issued under this section. In particular, such report
shall --
(1) identify any information protected from disclosure pursuant to
such regulation or order;
(2) specifically state the Secretary's justification for determining
that unauthorized dissemination of the information protected from
disclosure under such regulation or order could reasonably be expected
to have a significant adverse effect on the health and safety of the
public or the common defense and security by significantly increasing
the likelihood of illegal production of nuclear weapons or the theft,
diversion, or sabotage of special nuclear materials, equipment, or
facilities, as specified under subsection (a); and
(3) provide justification that the Secretary has applied such
regulation or order so as to protect from disclosure only the minimum
amount of information necessary to protect the health and safety of the
public or the common defense and security.
(Added Pub. L. 100-180, div. A, title XI, 1123(a), Dec. 4, 1987, 101
Stat. 1149; amended Pub. L. 101-510, div. A, title XIII, 1311(1), Nov.
5, 1990, 104 Stat. 1669.)
A prior section 128 was renumbered section 421 of this title.
1990 -- Subsec. (d). Pub. L. 101-510 substituted ''on an annual
basis'' for ''on a quarterly basis''.
10 USC 129. Prohibition of certain civilian personnel management
constraints
TITLE 10 -- ARMED FORCES
(a) The civilian personnel of the Department of Defense shall be
managed each fiscal year solely on the basis of and consistent with (1)
the workload required to carry out the functions and activities of the
department and (2) the funds made available to the department for such
fiscal year. The management of such personnel in any fiscal year shall
not be subject to any man-year constraint or limitation.
(b) The number of, and the amount of funds available to be paid to,
indirectly funded Government employees of the Department of Defense may
not be --
(1) subject to any constraint or limitation on the number of such
personnel who may be employed on the last day of a fiscal year;
(2) managed on the basis of any end-strength; or
(3) controlled under any policy of the Secretary of a military
department for control of civilian manpower resources.
(c) In this section, the term ''indirectly funded Government
employees'' means civilian employees of the Department of Defense --
(1) who are employed by industrial-type activities or commercial-type
activities described in section 2208 of this title; and
(2) whose salaries and benefits are funded from sources other than
appropriated funds.
(Added Pub. L. 97-86, title IX, 904(a), Dec. 1, 1981, 95 Stat.
1114, 140b; renumbered 129, Pub. L. 99-433, title I, 101(a)(3), Oct.
1, 1986, 100 Stat. 994; amended Pub. L. 99-661, div. A, title V, 533,
Nov. 14, 1986, 100 Stat. 3873; Pub. L. 102-190, div. A, title III,
312(b), Dec. 5, 1991, 105 Stat. 1335.)
1991 -- Subsec. (a). Pub. L. 102-190 substituted ''department and
(2)'' for ''department, (2)'' and struck out '', and (3) the authorized
end strength for the civilian personnel of the department for such
fiscal year'' at end of first sentence.
1986 -- Pub. L. 99-661 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
Pub. L. 99-433 renumbered section 140b of this title as this section.
10 USC 129a. General personnel policy
TITLE 10 -- ARMED FORCES
The Secretary of Defense shall use the least costly form of personnel
consistent with military requirements and other needs of the Department.
In developing the annual personnel authorization requests to Congress
and in carrying out personnel policies, the Secretary shall --
(1) consider particularly the advantages of converting from one form
of personnel (military, civilian, or private contract) to another for
the performance of a specified job; and
(2) include in each manpower requirements report submitted under
section 115a of this title a complete justification for converting from
one form of personnel to another.
(Added Pub. L. 101-510, div. A, title XIV, 1483(b)(2), Nov. 5, 1990,
104 Stat. 1715.)
Provisions similar to those comprising this section were contained in
section 115(b)(5) of this title which was repealed by Pub. L. 101-510,
div. A, title XIV, 1483(a), Nov. 5, 1990, 104 Stat. 1710.
10 USC 129b. Experts and consultants: authority to procure services
of
TITLE 10 -- ARMED FORCES
(a) Authority. -- Subject to subsection (b), the Secretary of Defense
and the Secretaries of the military departments may --
(1) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with section 3109
of title 5; and
(2) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence while such individuals are traveling from their homes or
places of business to official duty stations and return as may be
authorized by law.
(b) Conditions. -- The services of experts or consultants (or
organizations thereof) may be procured under subsection (a) only if the
Secretary of Defense or the Secretary of the military department
concerned, as the case may be, determines that --
(1) the procurement of such services is advantageous to the United
States; and
(2) such services cannot adequately be provided by the Department of
Defense.
(c) Regulations. -- Procurement of the services of experts and
consultants (or organizations thereof) under subsection (a) shall be
carried out under regulations prescribed by the Secretary of Defense.
(Added Pub. L. 101-510, div. A, title XIV, 1481(b)(1), Nov. 5, 1990,
104 Stat. 1704; amended Pub. L. 102-190, div. A, title X, 1061(a)(2),
Dec. 5, 1991, 105 Stat. 1472.)
Similar provisions were contained in Pub. L. 101-165, title IX,
9002, Nov. 21, 1989, 103 Stat. 1129, which was set out as a note under
section 2241 of this title and which was repealed by Pub. L. 101-510,
div. A, title XIV, 1481(b)(3), Nov. 5, 1990, 104 Stat. 1705.
1991 -- Pub. L. 102-190 inserted ''of'' after ''services'' in
section catchline.
10 USC 130. Authority to withhold from public disclosure certain
technical data
TITLE 10 -- ARMED FORCES
(a) Notwithstanding any other provision of law, the Secretary of
Defense may withhold from public disclosure any technical data with
military or space application in the possession of, or under the control
of, the Department of Defense, if such data may not be exported lawfully
outside the United States without an approval, authorization, or license
under the Export Administration Act of 1979 (50 U.S.C. App. 2401-2420)
or the Arms Export Control Act (22 U.S.C. 2751 et seq.). However,
technical data may not be withheld under this section if regulations
promulgated under either such Act authorize the export of such data
pursuant to a general, unrestricted license or exemption in such
regulations.
(b) Regulations under this section shall be published in the Federal
Register for a period of no less than 30 days for public comment before
promulgation. Such regulations shall address, where appropriate,
releases of technical data to allies of the United States and to
qualified United States contractors, including United States contractors
that are small business concerns, for use in performing United States
Government contracts.
(c) In this section, the term ''technical data with military or space
application'' means any blueprints, drawings, plans, instructions,
computer software and documentation, or other technical information that
can be used, or be adapted for use, to design, engineer, produce,
manufacture, operate, repair, overhaul, or reproduce any military or
space equipment or technology concerning such equipment.
(Added Pub. L. 98-94, title XII, 1217(a), Sept. 24, 1983, 97 Stat.
690, 140c; amended Pub. L. 99-145, title XIII, 1303(a)(3), Nov. 8,
1985, 99 Stat. 738; renumbered 130 and amended Pub. L. 99-433, title
I, 101(a)(3), 110(d)(6), Oct. 1, 1986, 100 Stat. 994, 1003; Pub. L.
100-26, 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101-510, div.
A, title XIV, 1484(b)(1), Nov. 5, 1990, 104 Stat. 1715.)
The Export Administration Act of 1979, referred to in subsec. (a),
is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended, which is
classified principally to section 2401 et seq. of Title 50, Appendix,
War and National Defense. For complete classification of this Act to
the Code, see Short Title note set out under section 2401 of Title 50,
Appendix, and Tables.
The Arms Export Control Act, referred to in subsec. (a), is Pub. L.
90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified
principally to chapter 39 ( 2751 et seq.) of Title 22, Foreign Relations
and Intercourse. For complete classification of this Act to the Code,
see Short Title note set out under section 2751 of Title 22 and Tables.
1990 -- Subsecs. (b), (c). Pub. L. 101-510 substituted
''Regulations under this section'' for ''(1) Within 90 days after
September 24, 1983, the Secretary of Defense shall propose regulations
to implement this section. Such regulations'' in subsec. (b) and
redesignated former subsec. (b)(2) as subsec. (c).
1987 -- Subsec. (b)(2). Pub. L. 100-26 inserted ''the term'' after
''In this section,''.
1986 -- Pub. L. 99-433 renumbered section 140c of this title as this
section and substituted ''Authority'' for ''Secretary of Defense:
authority'' in section catchline.
1985 -- Subsec. (b)(1). Pub. L. 99-145 substituted ''September 24,
1983'' for ''enactment of this section''.
10 USC CHAPTER 4 -- OFFICE OF THE SECRETARY OF DEFENSE
TITLE 10 -- ARMED FORCES
Sec.
131. Office of the Secretary of Defense.
132. Deputy Secretary of Defense.
133. Under Secretary of Defense for Acquisition.
133a. Deputy Under Secretary of Defense for Acquisition.
(133b. Renumbered.)
134. Under Secretary of Defense for Policy.
134a. Deputy Under Secretary of Defense for Policy.
135. Director of Defense Research and Engineering.
136. Assistant Secretaries of Defense.
(136a. Renumbered.)
137. Comptroller.
138. Director of Operational Test and Evaluation.
139. General Counsel.
(139a to 139c. Renumbered.)
140. Inspector General.
(140a to 140c. Renumbered.)
141. Assistant to the Secretary of Defense for Atomic Energy.
1991 -- Pub. L. 102-190, div. A, title IX, 901(a)(2), Dec. 5,
1991, 105 Stat. 1450, added item 134a.
1987 -- Pub. L. 100-180, div. A, title XII, 1245(a)(2), Dec. 4,
1987, 101 Stat. 1165, added item 141.
Pub. L. 100-26, 9(b)(2), Apr. 21, 1987, 101 Stat. 287, struck out
item 140a ''Counterintelligence official reception and representation
expenses'' and item 140b ''Authority to use proceeds from
counterintelligence operations of the military departments''.
1986 -- Pub. L. 99-500, 101(c) (title X, 902(a)(2)), Oct. 18,
1986, 100 Stat. 1783-82, 1783-131, and Pub. L. 99-591, 101(c) (title
X, 902(a)(2)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-131; Pub. L.
99-661, div. A, title IX, formerly title IV, 902(a)(2), Nov. 14,
1986, 100 Stat. 3911, renumbered title IX, Pub. L. 100-26, 3(5), Apr.
21, 1987, 101 Stat. 273, amended analysis identically adding item
133a.
Pub. L. 99-569, title IV, 401(d), 403(b), Oct. 27, 1986, 100 Stat.
3196, 3197, added items 140a and 140b.
Pub. L. 99-433, title I, 101(a)(6), 110(e)(2), Oct. 1, 1986, 100
Stat. 995, 1003, substituted ''Office of the Secretary of Defense'' for
''Department of Defense'' in chapter heading, and amended analysis
generally, substituting items 131 to 140 for former items 131
''Executive department'', 132 ''Seal'', 133 ''Secretary of Defense:
appointment; powers and duties; delegation by'', 133a ''Secretary of
Defense: annual report on North Atlantic Treaty Organization
readiness'', 133b ''Sale or transfer of defense articles: reports to
Congress'', 134 ''Deputy Secretary of Defense: appointment; powers and
duties; precedence'', 134a ''Under Secretary of Defense for
Acquisition: appointment'', 135 ''Under Secretary of Defense for
Policy; Director of Defense Research and Engineering: appointments;
powers and duties; precedence'', 136 ''Assistant Secretaries of
Defense: appointment; powers and duties; precedence'', 136a
''Director of Operational Test and Evaluation: appointment, powers and
duties'', 137 ''General Counsel: appointment; powers and duties'', 138
''Annual authorization of appropriations and personnel strengths for the
armed forces; annual manpower requirements and operations and
maintenance reports'', 139 ''Secretary of Defense: weapons development
and procurement schedules for armed forces; reports; supplemental
reports'', 139a ''Oversight of cost growth in major programs: Selected
Acquisition Reports'', 139b ''Oversight of cost growth in major
programs: unit cost reports'', 139c ''Major defense acquisition
programs: independent cost estimates'', 140 ''Emergencies and
extraordinary expenses'', 140a ''Secretary of Defense: funds transfers
for foreign cryptologic support'', 140b ''Prohibition of certain
civilian personnel management constraints'', and 140c ''Secretary of
Defense: authority to withhold from public disclosure certain technical
data''.
Pub. L. 99-348, title V, 501(e)(2), July 1, 1986, 100 Stat. 708,
added item 134a and substituted ''Under Secretary of Defense for Policy;
Director of Defense Research and Engineering: appointments'' for
''Under Secretaries of Defense: appointment'' in item 135.
1983 -- Pub. L. 98-94, title XII, 1203(a)(2), 1211(a)(2), 1217(b),
Sept. 24, 1983, 97 Stat. 683, 686, 690, added items 136a, 139c, and
140c.
1982 -- Pub. L. 97-295, 1(2)(B), Oct. 12, 1982, 96 Stat. 1288,
added items 133a and 133b.
Pub. L. 97-252, title XI, 1107(a)(2), Sept. 8, 1982, 96 Stat. 745,
added items 139a and 139b.
1981 -- Pub. L. 97-86, title IX, 904(b), Dec. 1, 1981, 95 Stat.
1114, added item 140b.
1980 -- Pub. L. 96-450, title IV, 401(b), Oct. 14, 1980, 94 Stat.
1977, added item 140a.
Pub. L. 96-342, title X, 1001(d)(2), Sept. 8, 1980, 94 Stat. 1119,
substituted ''Annual authorization of appropriations and personnel
strengths for the armed forces; annual manpower requirements and
operations and maintenance reports'' for ''Secretary of Defense: Annual
authorization of appropriations for armed forces'' in item 138.
1977 -- Pub. L. 95-140, 1(b), 2(b), Oct. 21, 1977, 91 Stat.
1172, 1173, substituted ''Deputy Secretary'' for ''Deputy Secretaries''
in item 134 and ''Under Secretaries of Defense'' for ''Director of
Defense Research and Engineering'' in item 135.
1975 -- Pub. L. 94-106, title VIII, 804(a), Oct. 7, 1975, 89 Stat.
538, added item 140.
1973 -- Pub. L. 93-155, title VIII, 803(a), Nov. 16, 1973, 87
Stat. 612, added items 138 and 139.
1972 -- Pub. L. 92-596, 4(3), Oct. 27, 1972, 86 Stat. 1318,
substituted ''Deputy Secretaries'' for ''Deputy Secretary'' in item 134.
10 USC 131. Office of the Secretary of Defense
TITLE 10 -- ARMED FORCES
(a) There is in the Department of Defense an Office of the Secretary
of Defense. The function of the Office is to assist the Secretary of
Defense in carrying out his duties and responsibilities and to carry out
such other duties as may be prescribed by law.
(b) The Office of the Secretary of Defense is composed of the
following:
(1) The Deputy Secretary of Defense.
(2) The Under Secretary of Defense for Acquisition.
(3) The Under Secretary of Defense for Policy.
(4) The Director of Defense Research and Engineering.
(5) The Assistant Secretaries of Defense.
(6) The Comptroller of the Department of Defense.
(7) The Director of Operational Test and Evaluation.
(8) The General Counsel of the Department of Defense.
(9) The Inspector General of the Department of Defense.
(10) Such other offices and officials as may be established by law or
the Secretary of Defense may establish or designate in the Office.
(c) Officers of the armed forces may be assigned or detailed to
permanent duty in the Office of the Secretary of Defense. However, the
Secretary may not establish a military staff in the Office of the
Secretary of Defense.
(d) The Secretary of each military department, and the civilian
employees and members of the armed forces under the jurisdiction of the
Secretary, shall cooperate fully with personnel of the Office of the
Secretary of Defense to achieve efficient administration of the
Department of Defense and to carry out effectively the authority,
direction, and control of the Secretary of Defense.
(Added Pub. L. 99-433, title I, 104, Oct. 1, 1986, 100 Stat. 996.)
A prior section 131 was renumbered section 111 of this title.
Section 109 of Pub. L. 99-433 provided that:
''(a) Secretary of Defense Study. -- The Secretary of Defense shall
conduct a study of the functions and organization of the Office of the
Secretary of Defense. The study shall consider whether the present
allocation of functions to, and the organizational structure of, the
Office constitute the most effective, efficient, and economical
allocation and structure of the Office to assist the Secretary in
carrying out his duties and responsibilities. The study shall include
consideration of each of the matters specified in subsection (d).
''(b) Service Secretaries Joint Study. -- (1) The Secretaries of the
military departments shall conduct a joint study of the functions and
organization of the Office of the Secretary of Defense. The study shall
be conducted independently of the study conducted by the Secretary of
Defense under subsection (a). The Secretaries shall submit a joint
report to the Secretary of Defense on such study at a time specified by
the Secretary. Except as provided in paragraph (2), the report shall
include a discussion of and recommendations concerning each of the
matters specified in subsection (d).
''(2) The Secretary of Defense shall determine the extent to which,
and prescribe the procedures under which, the Secretaries of the
military departments shall study the matters specified in subsection
(d)(1)(A) relating to contingency planning and military operations.
''(c) Chairman of JCS Study. -- The Chairman of the Joint Chiefs of
Staff shall conduct a study of the functions and organization of the
Office of the Secretary of Defense. The study shall be conducted
independently of the study conducted by the Secretary of Defense under
subsection (a). The Chairman shall submit a report to the Secretary of
Defense on such study at a time specified by the Secretary. The report
shall include a discussion of and recommendations concerning the matters
specified in paragraphs (1)(C), (1)(D), (2), (3), (5), and (6) of
subsection (d).
''(d) Matters To Be Included. -- The study required by subsection (a)
shall include consideration of the following:
''(1) Whether the present organization of the Office --
''(A) is optimally structured to assist the Secretary of Defense in
the effective exercise of civilian control of the Department of Defense,
including civilian control of --
''(i) defense policy development and strategic planning;
''(ii) program and budget development;
''(iii) policy, program, and budget execution;
''(iv) contingency planning; and
''(v) military operations;
''(B) is the most effective and efficient organization for the
initiation, development, and articulation of defense policy;
''(C) ensures that strategic planning and contingency planning are
linked to, and derived from, national security strategy, policies, and
objectives; and
''(D) inhibits integration of the capabilities of the Armed Forces
along mission lines.
''(2) Whether the planning, programming, and budgeting system of the
Department of Defense (including the role of the Office in such system)
needs to be revised --
''(A) to strengthen strategic planning and policy direction;
''(B) to ensure that strategic planning is consistent with national
security strategy, policies, and objectives;
''(C) to ensure that there is a sufficient relationship between
strategic planning and the resource levels projected to be available for
the period for which the planning is to be effective;
''(D) to ensure that strategic planning and program development give
sufficient attention to alliances with other nations;
''(E) to provide for more effective oversight, control, and
evaluation of policy, program, and budget execution; and
''(F) to ensure that past program and budget decisions are
effectively evaluated, that such evaluations are supported by
consistent, complete, and timely financial and performance data, and
that such evaluations are fully considered in the next planning,
programming, and budgeting cycle.
''(3) Whether the major force program categories of the Five-Year
Defense Plan could be restructured to better assist decisionmaking and
management control.
''(4) Means to improve and strengthen the oversight function within
each element of the Office in policy areas not addressed by the
planning, programming, and budgeting system.
''(5) Factors inhibiting efficient and effective execution of the
functions of the Office, including factors relating to --
''(A) duplication of functions (both within the Office and between
the Office and other elements of the Department);
''(B) insufficient information; and
''(C) insufficient resources (including personnel).
''(6) Alternative allocations of authorities and functions of the
Office and other reorganization proposals for the Office, including the
desirability of --
''(A) establishing Under Secretaries of Defense for mission-oriented
areas of responsibility;
''(B) decentralizing functions of the Office;
''(C) reducing the number of officials reporting directly to the
Secretary of Defense; and
''(D) changing the ratio of members of the Armed Forces to civilian
employees in the Office.
''(7) Whether political appointees in the Office of the Secretary of
Defense have sufficient experience and expertise, upon appointment, to
be capable of contributing immediately to effective policy formulation
and management.
''(e) Analysis of Civilian Control. -- (1) The Secretary of Defense,
in considering under subsection (d)(1)(A) whether effective civilian
control of the Department of Defense is best assisted by the current
structure of the Office, shall examine the functions performed in the
Office by --
''(A) members of the Armed Forces on the active-duty list; and
''(B) members of the Armed Forces in a retired status and members of
the reserve components who are employed in a civilian capacity.
''(2) Such examination shall include a determination of the total
number of positions in the Office of the Secretary of Defense above
grade GS-8 and the military equivalent (as determined by the Secretary
of Defense), and of such number --
''(A) the number of positions held by members of the Armed Forces on
the active-duty list, shown for the military equivalent of each civilian
pay grade by number and as a percentage of the total number of positions
in the Office in the civilian pay grade concerned and in the military
equivalent of such civilian pay grade;
''(B) the number of such positions held by members of the Armed
Forces in a retired status who are serving in a civilian capacity, shown
for each civilian pay grade in the same manner as provided under clause
(A); and
''(C) the number of such positions held by members of the reserve
components who are serving in a civilian capacity, shown for each
civilian pay grade in the same manner as provided under clause (A).
''(3) In determining the total number of positions in the Office of
the Secretary of Defense in grades above GS-8, the Secretary shall
exclude positions which are primarily clerical or secretarial.
''(f) Independent Contractor Study. -- The Secretary shall provide
for an independent study to be carried out by a contractor to consider
the same matters required to be considered by the Secretary under
subsection (d). The Secretary shall ensure that the contractor has full
access to such information as the contractor requires and that the
contractor otherwise receives full cooperation from all officials and
entities of the Department of Defense.
''(g) Report to Congress. -- (1) The Secretary of Defense shall
submit to Congress a report on the Secretary's study under subsection
(a). The report shall include --
''(A) the findings and conclusions of the Secretary with respect to
each of the matters set forth in subsection (d);
''(B) the findings and statistical determinations required under
subsection (e); and
''(C) any recommendations of the Secretary for organizational changes
in the Office of the Secretary of Defense and a description of the means
for implementing each recommendation.
''(2) The Secretary shall include with the report a copy of the
reports to the Secretary under subsections (b) and (c) and a copy of the
report of the independent contractor under subsection (f), together with
such comments on each such report as the Secretary considers
appropriate.
''(3) The report under this subsection shall be submitted not later
than one year after the date of the enactment of this Act (Oct. 1,
1986).''
10 USC 132. Deputy Secretary of Defense
TITLE 10 -- ARMED FORCES
(a) There is a Deputy Secretary of Defense, appointed from civilian
life by the President, by and with the advice and consent of the Senate.
A person may not be appointed as Deputy Secretary of Defense within ten
years after relief from active duty as a commissioned officer of a
regular component of an armed force.
(b) The Deputy Secretary shall perform such duties and exercise such
powers as the Secretary of Defense may prescribe. The Deputy Secretary
shall act for, and exercise the powers of, the Secretary when the
Secretary is disabled or there is no Secretary of Defense.
(c) The Deputy Secretary takes precedence in the Department of
Defense immediately after the Secretary.
(Added Pub. L. 87-651, title II, 202, Sept. 7, 1962, 76 Stat. 518,
134; amended Pub. L. 92-596, 4(1), Oct. 27, 1972, 86 Stat. 1318;
Pub. L. 95-140, 1(a), Oct. 21, 1977, 91 Stat. 1172; renumbered 132
and amended Pub. L. 99-433, title I, 101(a)(7), 110(d)(7), Oct. 1,
1986, 100 Stat. 995, 1003.)
In subsection (a), the last sentence is substituted for 5 U.S.C.
171c(a) (proviso).
A prior section 132 was renumbered section 112 of this title.
1986 -- Pub. L. 99-433 renumbered section 134 of this title as this
section and struck out '': appointment; powers and duties;
precedence'' at end of section catchline.
1977 -- Pub. L. 95-140, 1(a)(4), substituted ''Deputy Secretary''
for ''Deputy Secretaries'' in section catchline.
Subsec. (a). Pub. L. 95-140, 1(a)(1), substituted ''There is a
Deputy Secretary'' for ''There are two Deputy Secretaries'' and struck
out ''a'' before ''Deputy Secretary''.
Subsec. (b). Pub. L. 95-140, 1(a)(2), substituted ''Deputy
Secretary'' for ''Deputy Secretaries'' and ''Deputy Secretary'' for
''Deputy Secretaries, in the order of precedence, designated by the
President''.
Subsec. (c). Pub. L. 95-140, 1(a)(3), substituted ''The Deputy
Secretary takes'' for ''The Deputy Secretaries take''.
1972 -- Pub. L. 92-596 substituted ''Deputy Secretaries'' for
''Deputy Secretary'' in section catchline.
Subsec. (a). Pub. L. 92-596 substituted ''There are two Deputy
Secretaries of Defense'' for ''There is a Deputy Secretary of Defense''.
Subsec. (b). Pub. L. 92-596 provided for the exercise of powers and
duties consequent to the creation of a second Deputy Secretary.
Subsec. (c). Pub. L. 92-596 substituted ''The Deputy Secretaries
take'' for ''The Deputy Secretary takes''.
For order of succession in event of death, disability, or resignation
of Secretary, see Ex. Ord. No. 12787, Dec. 31, 1991, 57 F.R. 517, set
out as a note under section 3347 of Title 5, Government Organization and
Employees.
10 USC 133. Under Secretary of Defense for Acquisition
TITLE 10 -- ARMED FORCES
(a) There is an Under Secretary of Defense for Acquisition, appointed
from civilian life by the President, by and with the advice and consent
of the Senate. The Under Secretary shall be appointed from among
persons who have an extensive management background in the private
sector.
(b) Subject to the authority, direction, and control of the Secretary
of Defense, the Under Secretary of Defense for Acquisition shall perform
such duties and exercise such powers relating to acquisition as the
Secretary of Defense may prescribe, including --
(1) supervising Department of Defense acquisition;
(2) establishing policies for acquisition (including procurement,
research and development, logistics, developmental testing, and contract
administration) for all elements of the Department of Defense;
(3) establishing policies of the Department of Defense for
maintenance of the defense industrial base of the United States; and
(4) the authority to direct the Secretaries of the military
departments and the heads of all other elements of the Department of
Defense with regard to matters for which the Under Secretary has
responsibility.
(c) The Under Secretary --
(1) is the senior procurement executive for the Department of Defense
for the purposes of section 16(3) of the Office of Federal Procurement
Policy Act (41 U.S.C. 414(3));
(2) is the Defense Acquisition Executive for purposes of regulations
and procedures of the Department providing for a Defense Acquisition
Executive; and
(3) to the extent directed by the Secretary, exercises overall
supervision of all personnel (civilian and military) in the Office of
the Secretary of Defense with regard to matters for which the Under
Secretary has responsibility, unless otherwise provided by law.
(d)(1) The Under Secretary shall prescribe policies to ensure that
audit and oversight of contractor activities are coordinated and carried
out in a manner to prevent duplication by different elements of the
Department. Such policies shall provide for coordination of the annual
plans developed by each such element for the conduct of audit and
oversight functions within each contracting activity.
(2) In carrying out this subsection, the Under Secretary shall
consult with the Inspector General of the Department of Defense.
(3) Nothing in this subsection shall affect the authority of the
Inspector General of the Department of Defense to establish audit policy
for the Department of Defense under the Inspector General Act of 1978
and otherwise to carry out the functions of the Inspector General under
that Act.
(e)(1) With regard to all matters for which he has responsibility by
law or by direction of the Secretary of Defense, the Under Secretary of
Defense for Acquisition takes precedence in the Department of Defense
after the Secretary of Defense and the Deputy Secretary of Defense.
(2) With regard to all matters other than matters for which he has
responsibility by law or by direction of the Secretary of Defense, the
Under Secretary takes precedence in the Department of Defense after the
Secretary of Defense, the Deputy Secretary of Defense, and the
Secretaries of the military departments.
(Added Pub. L. 99-348, title V, 501(a), July 1, 1986, 100 Stat.
707, 134a; renumbered 133 and amended Pub. L. 99-433, title I,
101(a)(7), 110(c)(1), (d)(8), Oct. 1, 1986, 100 Stat. 995, 1002, 1003;
Pub. L. 99-500, 101(c) (title X, 901), Oct. 18, 1986, 100 Stat.
1783-82, 1783-130, and Pub. L. 99-591, 101(c) (title X, 901), Oct. 30,
1986, 100 Stat. 3341-82, 3341-130; Pub. L. 99-661, div. A, title IX,
formerly title IV, 901, Nov. 14, 1986, 100 Stat. 3910, renumbered title
IX, Pub. L. 100-26, 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L.
100-456, div. A, title VIII, 809(d), Sept. 29, 1988, 102 Stat. 2013.)
The Inspector General Act of 1978, referred to in subsec. (d)(3), is
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
A prior section 133 was renumbered section 113 of this title.
1988 -- Subsec. (d)(1). Pub. L. 100-456 inserted provision that
policies provide for coordination of annual plans developed by each such
element for the conduct of audit and oversight functions within each
contracting activity.
1986 -- Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661
generally amended section identically. Prior to amendment, section read
as follows:
''(a) There is an Under Secretary of Defense for Acquisition,
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
''(b) The Under Secretary shall perform such duties and exercise such
powers as the Secretary of Defense may prescribe, except as otherwise
provided by law.''
Pub. L. 99-433 renumbered section 134a of this title as this section,
struck out '': appointment'' at end of section catchline, and inserted
''of Defense'' after ''Under Secretary'' in subsec. (a).
Section 1006 of Pub. L. 100-456 provided that: ''The Secretary of
Defense, in consultation with the Under Secretary of Defense for
Acquisition, shall designate for duty in Israel an individual or
individuals to serve as the primary liaison between the procurement and
research and development activities of the United States Armed Forces
and those of the State of Israel.''
10 USC 133a. Deputy Under Secretary of Defense for Acquisition
TITLE 10 -- ARMED FORCES
(a) There is a Deputy Under Secretary of Defense for Acquisition,
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
(b) The Deputy Under Secretary of Defense for Acquisition shall
assist the Under Secretary of Defense for Acquisition in the performance
of his duties. The Deputy Under Secretary shall act for, and exercise
the powers of, the Under Secretary when the Under Secretary is absent or
disabled.
(Added Pub. L. 99-500, 101(c) (title X, 902(a)(1)), Oct. 18, 1986,
100 Stat. 1783-82, 1783-131, and Pub. L. 99-591, 101(c) (title X,
902(a)(1)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-131; Pub. L.
99-661, div. A, title IX, formerly title IV, 902(a)(1), Nov. 14, 1986,
100 Stat. 3911, renumbered title IX, Pub. L. 100-26, 3(5), Apr. 21,
1987, 101 Stat. 273.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Pub. L. 99-500 and Pub. L. 99-661 added identical sections.
A prior section 133a was renumbered section 117 of this title.
10 USC ( 133b. Renumbered 118)
TITLE 10 -- ARMED FORCES
10 USC 134. Under Secretary of Defense for Policy
TITLE 10 -- ARMED FORCES
(a) There is an Under Secretary of Defense for Policy, appointed from
civilian life by the President, by and with the advice and consent of
the Senate. A person may not be appointed as Under Secretary within 10
years after relief from active duty as a commissioned officer of a
regular component of an armed force.
(b)(1) The Under Secretary shall perform such duties and exercise
such powers as the Secretary of Defense may prescribe.
(2) The Under Secretary shall assist the Secretary of Defense --
(A) in preparing written policy guidance for the preparation and
review of contingency plans; and
(B) in reviewing such plans.
(c) The Under Secretary takes precedence in the Department of Defense
after the Secretary of Defense, the Deputy Secretary of Defense, the
Under Secretary of Defense for Acquisition, and the Secretaries of the
military departments.
(Added Pub. L. 99-433, title I, 105(1), Oct. 1, 1986, 100 Stat.
997; amended Pub. L. 99-500, 101(c) (title X, 903(a)), Oct. 18, 1986,
100 Stat. 1783-82, 1783-132, and Pub. L. 99-591, 101(c) (title X,
903(a)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-132; Pub. L. 99-661,
div. A, title IX, formerly title IV, 903(a), Nov. 14, 1986, 100 Stat.
3911, renumbered title IX, Pub. L. 100-26, 3(5), Apr. 21, 1987, 101
Stat. 273.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Provisions of this section were contained in section 135 of this
title prior to amendment by Pub. L. 99-433.
A prior section 134 was renumbered section 132 of this title.
1986 -- Subsec. (c). Pub. L. 99-500, Pub. L. 99-591, and Pub. L.
99-661 amended subsec. (c) identically, inserting ''the Under Secretary
of Defense for Acquisition,''.
For order of succession in event of death, disability, or resignation
of Secretary, see Ex. Ord. No. 12787, Dec. 31, 1991, 57 F.R. 517, set
out as a note under section 3347 of Title 5, Government Organization and
Employees.
10 USC 134a. Deputy Under Secretary of Defense for Policy
TITLE 10 -- ARMED FORCES
(a) There is a Deputy Under Secretary of Defense for Policy,
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
(b) The Deputy Under Secretary of Defense for Policy shall assist the
Under Secretary of Defense for Policy in the performance of his duties.
The Deputy Under Secretary of Defense for Policy shall act for, and
exercise the powers of, the Under Secretary when the Under Secretary is
absent or disabled.
(Added Pub. L. 102-190, div. A, title IX, 901(a)(1), Dec. 5, 1991,
105 Stat. 1450.)
A prior section 134a was renumbered section 133 of this title.
10 USC 135. Director of Defense Research and Engineering
TITLE 10 -- ARMED FORCES
(a) There is a Director of Defense Research and Engineering,
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
(b) Except as otherwise prescribed by the Secretary of Defense, the
Director of Defense Research and Engineering shall perform such duties
relating to research and engineering as the Under Secretary of Defense
for Acquisition may prescribe.
(Added Pub. L. 87-651, title II, 202, Sept. 7, 1962, 76 Stat. 518;
amended Pub. L. 92-596, 4(2), Oct. 27, 1972, 86 Stat. 1318; Pub. L.
95-140, 2(a), Oct. 21, 1977, 91 Stat. 1172; Pub. L. 99-348, title V,
501(b)(1), (2), (e)(1), July 1, 1986, 100 Stat. 707, 708; Pub. L.
99-433, title I, 105, Oct. 1, 1986, 100 Stat. 997; Pub. L. 99-500,
101(c) (title X, 903(b)(1)), Oct. 18, 1986, 100 Stat. 1783-82,
1783-132, and Pub. L. 99-591, 101(c) (title X, 903(b)(1)), Oct. 30,
1986, 100 Stat. 3341-82, 3341-132; Pub. L. 99-661, div. A, title IX,
formerly title IV, 903(b)(1), Nov. 14, 1986, 100 Stat. 3911,
renumbered title IX, Pub. L. 100-26, 3(5), Apr. 21, 1987, 101 Stat.
273.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
1986 -- Pub. L. 99-433, 105(1), amended section catchline
generally, substituting ''Director of Defense Research and Engineering''
for ''Under Secretary of Defense for Policy; Director of Defense
Research and Engineering: appointments; powers and duties;
precedence''.
Pub. L. 99-348, 501(e)(1), substituted ''Under Secretary of Defense
for Policy; Director of Defense Research and Engineering:
appointments'' for ''Under Secretaries of Defense: appointment'' in
section catchline.
Subsec. (a). Pub. L. 99-433, 105(1), substituted a new subsec. (a)
for former provisions establishing the positions of Under Secretary of
Defense for Policy and Director of Defense for Research and Engineering
to be appointed from civilian life by the President with the advice and
consent of the Senate and prohibiting the appointment as Under Secretary
of Defense for Policy of a person within ten years after relief from
active duty as a commissioned officer of a regular component of an armed
force. See section 134 of this title.
Pub. L. 99-348, 501(b)(1), substituted ''is an Under Secretary of
Defense for Policy and a Director of Defense Research and Engineering''
for ''are two Under Secretaries of Defense, one of whom shall be the
Under Secretary of Defense for Policy and one of whom shall be the Under
Secretary of Defense for Research and Engineering'' and ''They shall''
for ''The Under Secretaries of Defense shall''.
Subsec. (b). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661
amended section identically adding subsec. (b) and striking out former
subsec. (b) which read as follows: ''The Director of Defense Research
and Engineering shall perform such duties relating to research and
engineering as the Secretary of Defense may prescribe, including --
''(1) being the principal adviser to the Secretary on scientific and
technical matters;
''(2) supervising all research and engineering activities in the
Department of Defense; and
''(3) directing, controlling, assigning, and reassigning research and
engineering activities that the Secretary considers need centralized
management.''
Pub. L. 99-433, 105(2), struck out provisions that the Under
Secretary of Defense for Policy would perform duties and exercise powers
as the Secretary of Defense might prescribe.
Pub. L. 99-348, 501(b)(2), substituted ''Director of Defense
Research and Engineering'' for ''Under Secretary of Defense for Research
and Engineering''.
Subsec. (c). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661
amended section identically striking out subsec. (c) which read as
follows: ''The Director of Defense Research and Engineering takes
precedence in the Department of Defense immediately after the Under
Secretary of Defense for Policy.''
Pub. L. 99-433, 105(2), struck out provisions that the Under
Secretary of Defense for Policy would take precedence in the Department
of Defense after Secretary of Defense, the Deputy Secretary of Defense,
and the Secretaries of the military departments.
Pub. L. 99-348, 501(b)(2), substituted ''Director of Defense
Research and Engineering'' for ''Under Secretary of Defense for Research
and Engineering''.
1977 -- Pub. L. 95-140, 2(a)(4), substituted ''Under Secretaries of
Defense'' for ''Director of Defense Research and Engineering'' in
section catchline.
Subsec. (a). Pub. L. 95-140, 2(a)(1), substituted provisions
relating to the appointment of the Under Secretary of Defense for Policy
and the Under Secretary of Defense for Research and Engineering for
provisions relating to the appointment of the Director of Defense
Research and Engineering and inserted provisions relating to the
prohibition of the appointment of a person as Under Secretary of Defense
for policy within ten years after relief from active duty as a
commissioned officer of an armed force.
Subsec. (b). Pub. L. 95-140, 2(a)(2), substituted ''The Under
Secretary of Defense for Policy shall perform such duties and exercise
such powers as the Secretary of Defense may prescribe. The Under
Secretary of Defense for Research and Engineering shall perform'' for
''The Director performs''.
Subsec. (c). Pub. L. 95-140, 2(a)(3), substituted ''Under Secretary
of Defense for Policy'' for ''Director'' and ''Deputy Secretary'' for
''Deputy Secretaries'' and inserted provision that the Under Secretary
of Defense for Research and Engineering takes precedence in the
Department of Defense immediately after the Under Secretary of Defense
for Policy.
1972 -- Subsec. (c). Pub. L. 92-596 substituted ''Deputy
Secretaries'' for ''Deputy Secretary''.
For order of succession in event of death, disability, or resignation
of Secretary, see Ex. Ord. No. 12787, Dec. 31, 1991, 57 F.R. 517, set
out as a note under section 3347 of Title 5, Government Organization and
Employees.
Holding Position
Section 501(b)(3) of Pub. L. 99-348 provided that: ''The
redesignation by paragraph (1) (amending this section) of the position
of Under Secretary of Defense for Research and Engineering as Director
of Defense Research and Engineering does not affect the appointment to
such position of the individual holding such position on the date of the
enactment of this Act (July 1, 1986).''
Pub. L. 89-37, title III, 305, June 11, 1965, 79 Stat. 128, which
provided that no funds were to be appropriated after June 30, 1966, to
or for the use of any armed force of the United States for use as an
emergency fund for research, development, test, and evaluation, or
procurement or production related thereto unless the appropriation of
such funds has been authorized by legislation enacted after that date,
was repealed and restated as subsec. (i) of section 138 (now 114(d))
of this title by Pub. L. 97-295, 1(4), 6(b), Oct. 12, 1982, 96 Stat.
1289, 1314.
10 USC 136. Assistant Secretaries of Defense
TITLE 10 -- ARMED FORCES
(a) There are eleven Assistant Secretaries of Defense, appointed from
civilian life by the President, by and with the advice and consent of
the Senate.
(b)(1) The Assistant Secretaries shall perform such duties and
exercise such powers as the Secretary of Defense may prescribe.
(2) One of the Assistant Secretaries shall be the Assistant Secretary
of Defense for Reserve Affairs. He shall have as his principal duty the
overall supervision of reserve component affairs of the Department of
Defense.
(3)(A) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Command, Control, Communications, and
Intelligence. He shall have as his principal duty the overall
supervision of command, control, communications, and intelligence
affairs of the Department of Defense.
(B) Notwithstanding subparagraph (A), one of the Assistant
Secretaries established by the Secretary of Defense may be an Assistant
Secretary of Defense for Intelligence, who shall have as his principal
duty the overall supervision of intelligence affairs of the Department
of Defense.
(C) If the Secretary of Defense establishes an Assistant Secretary of
Defense for Intelligence, the Assistant Secretary provided for under
subparagraph (A) shall be the Assistant Secretary of Defense for
Command, Control, and Communications and shall have as his principal
duty the overall supervision of command, control, and communications
affairs of the Department of Defense.
(4) One of the Assistant Secretaries shall be the Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict. He shall
have as his principal duty the overall supervision (including oversight
of policy and resources) of special operations activities (as defined in
section 167(j) of this title) and low intensity conflict activities of
the Department of Defense. The Assistant Secretary is the principal
civilian adviser to the Secretary of Defense on special operations and
low intensity conflict matters and (after the Secretary and Deputy
Secretary) is the principal special operations and low intensity
conflict official within the senior management of the Department of
Defense.
(c) Except as otherwise specifically provided by law, an Assistant
Secretary may not issue an order to a military department unless --
(1) the Secretary of Defense has specifically delegated that
authority to the Assistant Secretary in writing; and
(2) the order is issued through the Secretary of the military
department concerned.
(d) The Assistant Secretaries take precedence in the Department of
Defense after the Secretary of Defense, the Deputy Secretary of Defense,
the Secretaries of the military departments, the Under Secretaries of
Defense, and the Director of Defense Research and Engineering. The
Assistant Secretaries take precedence among themselves in the order
prescribed by the Secretary of Defense.
(Added Pub. L. 87-651, title II, 202, Sept. 7, 1962, 76 Stat. 518;
amended Pub. L. 90-168, 2(1), (2), Dec. 1, 1967, 81 Stat. 521; Pub. L.
91-121, title IV, 404(a), Nov. 19, 1969, 83 Stat. 207; Pub. L.
92-215, 1, Dec. 22, 1971, 85 Stat. 777; Pub. L. 92-596, 4(2), Oct.
27, 1972, 86 Stat. 1318; Pub. L. 95-140, 3(a), Oct. 21, 1977, 91 Stat.
1173; Pub. L. 96-107, title VIII, 820(a), Nov. 9, 1979, 93 Stat. 819;
Pub. L. 98-94, title XII, 1212(a), Sept. 24, 1983, 97 Stat. 686; Pub.
L. 99-433, title I, 106, 110(d)(9), Oct. 1, 1986, 100 Stat. 997, 1003;
Pub. L. 99-500, 101(c) (title IX, 9115(a)), Oct. 18, 1986, 100 Stat.
1783-82, 1783-122, and Pub. L. 99-591, 101(c) (title IX, 9115(a)),
Oct. 30, 1986, 100 Stat. 3341-82, 3341-122; Pub. L. 99-661, div. A,
title XIII, 1311(a), Nov. 14, 1986, 100 Stat. 3983; Pub. L. 100-180,
div. A, title XII, 1211(a)(1), Dec. 4, 1987, 101 Stat. 1154; Pub. L.
100-453, title VII, 702, Sept. 29, 1988, 102 Stat. 1912; Pub. L.
100-456, div. A, title VII, 701, Sept. 29, 1988, 102 Stat. 1992.)
In subsection (b)(1), 5 U.S.C. 172(b) (last 13 words of 1st sentence)
is omitted as surplusage, since they are only a general description of
the powers of the Secretary of Defense under this title. 5 U.S.C.
171c-2 (less 1st sentence) is omitted as covered by 5 U.S.C. 171c(c)
(1st 18 words of 2d sentence).
In subsection (d), the following substitutions are made: ''In
carrying out subsection (c) and sections 3010, 3012(b) (last two
sentences), 5011 (first two sentences), 5031(a) (last two sentences),
8010, and 8012(b) last two sentences of this title,'' for ''In
implementation of this paragraph''; and ''members of the armed forces
under the jurisdiction of his department'' for ''the military personnel
in such department''. The words ''in a continuous effort'' are omitted
as surplusage.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
1988 -- Subsec. (b)(3). Pub. L. 100-453 and Pub. L. 100-456
generally amended par. (3) identically. Prior to amendment, par. (3)
read as follows: ''One of the Assistant Secretaries shall be the
Assistant Secretary of Defense for Command, Control, Communications, and
Intelligence. He shall have as his principal duty the overall
supervision of command, control, communications, and intelligence
affairs of the Department of Defense.''
1987 -- Subsec. (b)(4). Pub. L. 100-180 inserted at end ''The
Assistant Secretary is the principal civilian adviser to the Secretary
of Defense on special operations and low intensity conflict matters and
(after the Secretary and Deputy Secretary) is the principal special
operations and low intensity conflict official within the senior
management of the Department of Defense.''
1986 -- Pub. L. 99-433, 110(d)(9), struck out '': appointment;
powers and duties; precedence'' at end of section catchline.
Subsec. (b)(2), (3). Pub. L. 99-433, 106(a)(1), (2), redesignated
pars. (4) and (5) as pars. (2) and (3), respectively, and struck out
former par. (2) relating to the Assistant Secretary of Defense for
Health Affairs and former par. (3) relating to the Assistant Secretary
of Defense for Manpower and Logistics.
Subsec. (b)(4). Pub. L. 99-500, Pub. L. 99-591, and Pub. L.
99-661, amended subsec. (b) identically, adding par. (4).
Pub. L. 99-433, 106(a)(2), redesignated par. (4) as (2).
Subsec. (b)(5). Pub. L. 99-433, 106(a)(2), redesignated par. (5) as
(3).
Subsec. (b)(6). Pub. L. 99-433, 106(a)(3), struck out par. (6)
relating to Comptroller of Department of Defense. See section 137 of
this title.
Subsec. (c)(1). Pub. L. 99-433, 106(c)(1)(A), substituted ''the
Assistant Secretary'' for ''him''.
Subsec. (c)(2). Pub. L. 99-433, 106(c)(1)(B), struck out '', or his
designee'' after ''concerned''.
Subsecs. (d), (e). Pub. L. 99-433, 106(b), (c)(2), (3),
redesignated subsec. (e) as (d), substituted ''the Under Secretaries of
Defense, and the Director of Defense Research and Engineering'' for
''and the Under Secretaries of Defense'', inserted sentence directing
that the Assistant Secretaries take precedence among themselves in the
order prescribed by the Secretary of Defense, and struck out former
subsec. (d) which directed the Secretary of each military department,
his civilian assistants, and members of the armed forces under the
jurisdiction of his department to cooperate fully with personnel of the
Office of the Secretary of Defense to achieve efficient administration
of the Department of Defense and to carry out effectively the authority,
direction, and control of the Secretary of Defense.
1983 -- Subsec. (a). Pub. L. 98-94, 1212(a)(1), substituted
''eleven'' for ''seven''.
Subsec. (b)(1). Pub. L. 98-94, 1212(a)(2)(A), designated existing
first sentence as par. (1).
Subsec. (b)(2). Pub. L. 98-94, 1212(a)(2)(B), designated existing
second and third sentences as par. (2).
Subsec. (b)(3). Pub. L. 98-94, 1212(a)(2)(C), (D), designated
existing fourth and fifth sentences as par. (3) and substituted
''Logistics'' for ''Reserve Affairs'' and ''logistics'' for ''reserve
component''.
Subsec. (b)(4), (5). Pub. L. 98-94, 1212(a)(2)(E), added pars. (4)
and (5).
Subsec. (b)(6). Pub. L. 98-94, 1212(a)(2)(F), designated existing
sixth sentence as par. (6), substituted ''One of the Assistant
Secretaries'' for ''In addition, one of the Assistant Secretaries'',
redesignated pars. (1) to (5) as subpars. (A) to (E), respectively,
redesignated former subpars. (A) to (D) as cls. (1) to (4),
respectively, and in subpar. (E) substituted ''clauses (A) through
(D)'' for ''clauses (1)-(4)''.
Subsec. (f). Pub. L. 98-94, 1212(a)(3), struck out subsec. (f)
which provided for appointment of a Deputy Assistant Secretary of
Defense for Reserve Affairs within the Office of the Assistant Secretary
of Defense for Manpower and Reserve Affairs. See subsec. (b)(4) of
this section.
1979 -- Subsec. (a). Pub. L. 96-107 substituted ''seven'' for
''nine''.
1977 -- Subsec. (e). Pub. L. 95-140 inserted ''of Defense'' after
''Secretary'' and substituted ''Secretary of Defense'' for ''Secretaries
of Defense'' and '', and the Under Secretaries of Defense'' for '', and
the Director of Defense Research and Engineering''.
1972 -- Subsec. (e). Pub. L. 92-596 substituted ''Deputy
Secretaries'' for ''Deputy Secretary''.
1971 -- Subsec. (a). Pub. L. 92-215 substituted ''nine'' for
''eight''.
1969 -- Subsec. (a). Pub. L. 91-121, 404(a)(1), substituted
''eight'' for ''seven''.
Subsec. (b). Pub. L. 91-121, 404(a)(2), provided for an Assistant
Secretary of Defense for Health Affairs having as his principal duty the
overall supervision of health affairs of Department of Defense.
1967 -- Subsec. (b). Pub. L. 90-168, 2(1), inserted provisions for
an Assistant Secretary of Defense for Manpower and Reserve Affairs with
principal duty of overall supervision of manpower and reserve component
affairs of Department of Defense.
Subsec. (f). Pub. L. 90-168, 2(2), added subsec. (f).
Section 1212(e) of Pub. L. 98-94 provided that: ''The amendments
made by this section (amending this section, sections 175, 3013, and
5034 of this title, and section 5315 of Title 5, Government Organization
and Employees) shall take effect on October 1, 1983.''
Section 7 of Pub. L. 90-168 provided that: ''The provisions of this
Act (see Short Title of 1967 Amendment note below) shall become
effective on the first day of the first calendar month following the
date of enactment (Dec. 1, 1967).''
Section 1 of Pub. L. 90-168 provided: ''That this Act (amending
this section, sections 175, 262, 264, 268, 269, 270, 511, 3014, 5034,
8014, and 8850 of this title, section 502 of Title 32, National Guard,
and section 404 of Title 37, Pay and Allowances of the Uniformed
Services, enacting sections 3021, 3038, 8021, and 8038 of this title,
enacting provisions set out as notes under sections 136 and 8212 of this
title, and amending provisions set out as a note under section 133 of
this title) may be cited as the 'Reserve Forces Bill of Rights and
Vitalization Act'.''
For order of succession in event of death, disability, or resignation
of Secretary, see Ex. Ord. No. 12787, Dec. 31, 1991, 57 F.R. 517, set
out as a note under section 3347 of Title 5, Government Organization and
Employees.
Section 1211(a)(2)-(5) of Pub. L. 100-180 provided that:
''(2) The Secretary of Defense shall publish a directive setting
forth the charter of the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict not later than 30 days after the
date of the enactment of this Act (Dec. 4, 1987). The directive shall
set forth --
''(A) the duties and responsibilities of the Assistant Secretary;
''(B) the relationships between the Assistant Secretary and other
Department of Defense officials;
''(C) any delegation of authority from the Secretary of Defense to
the Assistant Secretary; and
''(D) such other matters as the Secretary considers appropriate.
''(3) On the date that such directive is published, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives --
''(A) a copy of the directive; and
''(B) a report explaining how the charter of the Assistant Secretary
fulfills the provisions of section 136(b)(4) of title 10, United States
Code (as amended by paragraph (1)), that provide that the Assistant
Secretary --
''(i) exercises overall supervision of special operations activities
and low intensity conflict activities of the Department of Defense;
''(ii) is the principal civilian adviser to the Secretary of Defense
on special operations and low intensity conflict matters; and
''(iii) is the principal special operations and low intensity
conflict official (after the Secretary and Deputy Secretary) within the
senior management of the Department of Defense.
''(4)(A) Until the office of Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict is filled for the first
time by a person appointed from civilian life by the President, by and
with the advice and consent of the Senate, the Secretary of the Army
shall carry out the duties and responsibilities of that office.
''(B) Throughout the period of time during which the Secretary of the
Army is carrying out the duties and responsibilities of that office, he
shall submit to the Committees on Armed Services of the Senate and House
of Representatives a monthly report on the administrative actions that
he has taken and the policy guidance that he has issued to carry out
such duties and responsibilities. Each such report shall also describe
the actions that he intends to take and the guidance that he intends to
issue to fulfill the provisions of section 136(b)(4) of title 10, United
States Code (as amended by paragraph (1)), along with a timetable for
completion of such actions and issuance of such guidance. The first
such report shall be submitted not later than 30 days after the date of
the enactment of this Act (Dec. 4, 1987).
''(5) Until the first individual appointed to the position of
Assistant Secretary of Defense for Special Operations and Low Intensity
Conflict by the President, by and with the advice and consent of the
Senate, leaves that office, that Assistant Secretary (and the Secretary
of the Army when carrying out the duties and responsibilities of the
Assistant Secretary) shall, with respect to the duties and
responsibilities of that office, report directly, without intervening
review or approval, to the Secretary of Defense personally or, as
designated by the Secretary, to the Deputy Secretary of Defense
personally.''
Section 1311 of Pub. L. 100-180 provided that: ''Until January 20,
1989, the number of Assistant Secretaries of Defense authorized under
section 136(a) of title 10, United States Code, and the number of
positions at level IV of the Executive Schedule authorized under section
5315 of title 5, United States Code, for Assistant Secretaries of
Defense, are each increased by one (to a total of 12).''
10 USC ( 136a. Renumbered 138)
TITLE 10 -- ARMED FORCES
10 USC 137. Comptroller
TITLE 10 -- ARMED FORCES
(a) There is a Comptroller of the Department of Defense, appointed
from civilian life by the President, by and with the advice and consent
of the Senate.
(b) The Comptroller shall perform such duties and exercise such
powers as the Secretary of Defense may prescribe.
(c) The Comptroller shall advise and assist the Secretary of Defense
--
(1) in performing such budgetary and fiscal functions and duties, and
in exercising such budgetary and fiscal powers, as are needed to carry
out the powers of the Secretary;
(2) in supervising and directing the preparation of budget estimates
of the Department of Defense;
(3) in establishing and supervising the execution of principles,
policies, and procedures to be followed in connection with
organizational and administrative matters relating to --
(A) the preparation and execution of budgets;
(B) fiscal, cost, operating, and capital property accounting; and
(C) progress and statistical reporting;
(4) in establishing and supervising the execution of policies and
procedures relating to the expenditure and collection of funds
administered by the Department of Defense; and
(5) in establishing uniform terminologies, classifications, and
procedures concerning matters covered by clauses (1) through (4).
(Added Pub. L. 99-433, title I, 107, Oct. 1, 1986, 100 Stat. 998.)
A prior section 137 was renumbered section 139 of this title.
10 USC 138. Director of Operational Test and Evaluation
TITLE 10 -- ARMED FORCES
(a)(1) There is a Director of Operational Test and Evaluation in the
Department of Defense, appointed from civilian life by the President, by
and with the advice and consent of the Senate. The Director shall be
appointed without regard to political affiliation and solely on the
basis of fitness to perform the duties of the office of Director. The
Director may be removed from office by the President. The President
shall communicate the reasons for any such removal to both Houses of
Congress.
(2) In this section:
(A) The term ''operational test and evaluation'' means --
(i) the field test, under realistic combat conditions, of any item of
(or key component of) weapons, equipment, or munitions for the purpose
of determining the effectiveness and suitability of the weapons,
equipment, or munitions for use in combat by typical military users;
and
(ii) the evaluation of the results of such test.
(B) The term ''major defense acquisition program'' means a Department
of Defense acquisition program that is a major defense acquisition
program for purposes of section 2430 of this title or that is designated
as such a program by the Director for purposes of this section.
(b) The Director is the principal adviser to the Secretary of Defense
and the Under Secretary of Defense for Acquisition on operational test
and evaluation in the Department of Defense and the principal
operational test and evaluation official within the senior management of
the Department of Defense. The Director shall --
(1) prescribe, by authority of the Secretary of Defense, policies and
procedures for the conduct of operational test and evaluation in the
Department of Defense;
(2) provide guidance to and consult with the Secretary of Defense and
the Under Secretary of Defense for Acquisition and the Secretaries of
the military departments with respect to operational test and evaluation
in the Department of Defense in general and with respect to specific
operational test and evaluation to be conducted in connection with a
major defense acquisition program;
(3) monitor and review all operational test and evaluation in the
Department of Defense;
(4) coordinate operational testing conducted jointly by more than one
military department or defense agency; and
(5) review and make recommendations to the Secretary of Defense on
all budgetary and financial matters relating to operational test and
evaluation, including operational test facilities and equipment, in the
Department of Defense.
(c) The Director reports directly, without intervening review or
approval, to the Secretary of Defense personally. The Director shall
consult closely with, but the Director and the Director's staff are
independent of, the Director of Defense Research and Engineering and all
other officers and entities of the Department of Defense responsible for
research and development.
(d) The Director may not be assigned any responsibility for
developmental test and evaluation, other than the provision of advice to
officials responsible for such testing.
(e)(1) The Secretary of a military department shall report promptly
to the Director the results of all operational test and evaluation
conducted by the military department and of all studies conducted by the
military department in connection with operational test and evaluation
in the military department.
(2) The Director may require that such observers as he designates be
present during the preparation for and the conduct of the test part of
any operational test and evaluation conducted in the Department of
Defense.
(3) The Director shall have access to all records and data in the
Department of Defense (including the records and data of each military
department) that the Director considers necessary to review in order to
carry out his duties under this section.
(f) The Director shall prepare an annual report summarizing the
operational test and evaluation activities of the Department of Defense
during the preceding fiscal year. Each such report shall be submitted
concurrently to the Secretary of Defense, the Under Secretary of Defense
for Acquisition, and the Congress not later than 10 days after the
transmission of the budget for the next fiscal year under section 1105
of title 31. The report shall include such comments and recommendations
as the Director considers appropriate, including comments and
recommendations on resources and facilities available for operational
test and evaluation and levels of funding made available for operational
test and evaluation activities. The Secretary may comment on any report
of the Director to Congress under this subsection.
(g) The Director shall comply with requests from Congress (or any
committee of either House of Congress) for information relating to
operational test and evaluation in the Department of Defense.
(h) The President shall include in the Budget transmitted to Congress
pursuant to section 1105 of title 31 for each fiscal year a separate
statement of estimated expenditures and proposed appropriations for that
fiscal year for the activities of the Director of Operational Test and
Evaluation in carrying out the duties and responsibilities of the
Director under this section.
(i) The Director shall have sufficient professional staff of military
and civilian personnel to enable the Director to carry out the duties
and responsibilities of the Director prescribed by law.
(Added Pub. L. 98-94, title XII, 1211(a)(1), Sept. 24, 1983, 97
Stat. 684, 136a; amended Pub. L. 99-348, title V, 501(c), July 1,
1986, 100 Stat. 708; renumbered 138 and amended Pub. L. 99-433, title
I, 101(a)(7), 110(d)(10), (g)(1), Oct. 1, 1986, 100 Stat. 995, 1003,
1004; Pub. L. 99-500, 101(c) (title X, 903(c), 910(c)), Oct. 18,
1986, 100 Stat. 1783-82, 1783-132, 1783-145, and Pub. L. 99-591, 101(c)
(title X, 903(c), 910(c)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-132,
3341-145; Pub. L. 99-661, div. A, title IX, formerly title IV,
903(c), 910(c), Nov. 14, 1986, 100 Stat. 3912, 3924, renumbered title
IX, Pub. L. 100-26, 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L.
100-26, 7(a)(1), (c)(2), Apr. 21, 1987, 101 Stat. 275, 280; Pub. L.
100-180, div. A, title VIII, 801, Dec. 4, 1987, 101 Stat. 1123; Pub.
L. 101-189, div. A, title VIII, 802(b), title XVI, 1622(e)(1), Nov.
29, 1989, 103 Stat. 1486, 1605; Pub. L. 101-510, div. A, title XIV,
1484(k)(1), Nov. 5, 1990, 104 Stat. 1719.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
A prior section 138 was renumbered by Pub. L. 99-433 as follows:
Section 138(a) was renumbered section 114(a) of this title.
Section 138(b) was renumbered successively as section 114(b) and
section 115(a) of this title.
Section 138(c) was renumbered successively as section 114(c) and
section 115(b) of this title.
Section 138(d) was renumbered successively as section 114(d) and
section 115(c) of this title.
Section 138(e) was renumbered successively as section 114(e) and
section 116(a) of this title.
Section 138(f)(1) was renumbered successively as section 114(f)(1)
and section 114(b) of this title.
Section 138(f)(2) was renumbered successively as section 114(f)(2)
and section 116(b) of this title.
Section 138(g) was renumbered successively as section 114(g) and
section 114(c) of this title.
Section 138(h) was renumbered successively as section 114(h) and
section 113(i) of this title.
Section 138(i) was renumbered successively as section 114(i) and
section 114(d) of this title.
1990 -- Subsec. (a)(2)(A). Pub. L. 101-510, 1484(k)(1)(A),
substituted ''(A) The term 'operational test and evaluation'' for ''(A)
'Operational test and evaluation''.
Subsec. (a)(2)(B). Pub. L. 101-510, 1484(k)(1)(B), substituted ''(B)
The term 'major defense acquisition program'' for ''(B) 'Major defense
acquisition program''.
1989 -- Subsec. (a)(2)(A). Pub. L. 101-189, 1622(e)(1)(A), which
directed amendment of subpar. (A) by substituting ''(A) The term
'operational''' for ''(A) 'Operational''', could not be executed because
a closing quotation mark did not follow ''Operational''.
Subsec. (a)(2)(B). Pub. L. 101-189, 1622(e)(1)(B), which directed
amendment of subpar. (B) by substituting ''(B) The term 'major''' for
''(B) 'Major''', could not be executed because a closing quotation mark
did not follow ''Major''.
Subsec. (b)(4). Pub. L. 101-189, 802(b)(1)(A), inserted ''and''
after ''defense agency;''.
Subsec. (b)(5), (6). Pub. L. 101-189, 802(b)(1)(B), (C),
redesignated par. (6) as (5) and struck out former par. (5) which read
as follows: ''analyze the results of the operational test and
evaluation conducted for each major defense acquisition program and, at
the conclusion of such operational test and evaluation, report to the
Secretary of Defense, to the Under Secretary of Defense for Acquisition,
and to the Committees on Armed Services and on Appropriations of the
Senate and House of Representatives as provided in subsection (c) on --
''(A) whether the test and evaluation performed was adequate; and
''(B) whether the test and evaluation results confirm that the items
or components actually tested are effective and suitable for combat;
and''.
Subsec. (c). Pub. L. 101-189, 802(b)(2), (3), redesignated subsec.
(d)(1) as (c) and struck out former subsec. (c) which read as follows:
''Each report of the Director required under subsection (b)(5) shall be
submitted to the committees specified in that subsection in precisely
the same form and with precisely the same content as the report
originally was submitted to the Secretary of Defense and the Under
Secretary of Defense for Acquisition and shall be accompanied by such
comments as the Secretary may wish to make on the report.''
Subsec. (d). Pub. L. 101-189, 802(b)(4), redesignated former par.
(2) of subsec. (d) as entire subsec. Former par. (1) of subsec. (d)
redesignated subsec. (c).
Subsec. (f). Pub. L. 101-189, 802(b)(5)-(7), redesignated subsec.
(g)(1) as (f), substituted ''this subsection'' for ''this paragraph'',
and struck out former subsec. (f) which read as follows:
''(1) Operational testing of a major defense acquisition program may
not be conducted until the Director has approved in writing the adequacy
of the plans (including the adequacy of projected levels of funding) for
operational test and evaluation to be conducted in connection with that
program.
''(2) A final decision within the Department of Defense to proceed
with a major defense acquisition program beyond low-rate initial
production may not be made until the Director has submitted to the
Secretary of Defense the report with respect to that program required by
subsection (b)(5) and the Committees on Armed Services and on
Appropriations of the Senate and House of Representatives have received
that report.''
Subsec. (g). Pub. L. 101-189, 802(b)(6), (8), redesignated former
par. (2) of subsec. (g) as entire subsec. (g), and redesignated
former par. (1) of subsec. (g) as subsec. (f).
1987 -- Subsec. (a)(2)(B). Pub. L. 100-26, 7(c)(2), substituted
''section 2430'' for ''section 2432(a)(1)''.
Subsec. (c). Pub. L. 100-26, 7(a)(1), substituted ''to the Secretary
of Defense and the Under Secretary of Defense for Acquisition and shall
be accompanied by such comments as the Secretary may wish to make on the
report.'' for ''to the Secretary, to the Under Secretary of Defense for
Acquisition, and shall be accompanied by such comments as the Secretary
of Defense may wish to make on such report.''
Subsec. (d). Pub. L. 100-180 designated existing provisions as par.
(1) and added par. (2).
1986 -- Pub. L. 99-433, 101(a)(7), 110(d)(10), renumbered section
136a of this title as this section, and struck out '': appointment;
powers and duties'' at end of section catchline.
Subsec. (a)(2)(B). Pub. L. 99-433, 110(g)(1), substituted ''section
2432(a)(1)'' for ''section 139a(a)(1)''.
Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591, 101(c) (
903(c)(1)-(3)) and Pub. L. 99-661, 903(c)(1)-(3), amended subsec. (b)
identically, in provisions preceding par. (1) and in par. (2),
inserting ''and the Under Secretary of Defense for Acquisition'' and, in
par. (5), inserting '', to the Under Secretary of Defense for
Acquisition,''.
Subsec. (c). Pub. L. 99-500 and Pub. L. 99-591, 101(c) (
903(c)(4)), and Pub. L. 99-661, 903(c)(4), amended subsec. (c)
identically by directing the insertion of '', to the Under Secretary of
Defense for Acquisition,'' after ''Secretary of Defense'' the first
place it appears which was executed by making the insertion after ''the
Secretary'' the first place it appears as the probable intent of
Congress.
Subsec. (d). Pub. L. 99-500 and Pub. L. 99-591, 101(c) (
903(c)(5)), and Pub. L. 99-661, 903(c)(5), amended subsec. (d)
identically inserting ''personally'' after ''Secretary of Defense''.
Pub. L. 99-348 substituted ''Director of Defense Research and
Engineering'' for ''Under Secretary of Defense for Research and
Engineering''.
Subsec. (g)(1). Pub. L. 99-500 and Pub. L. 99-591, 101(c) (
903(c)(6), 910(c)), and Pub. L. 99-661, 903(c)(6), 910(c), amended
par. (1) identically, inserting '', the Under Secretary of Defense for
Acquisition,'' and substituting ''10 days after transmission of the
budget for the next fiscal year under section 1105 of title 31'' for
''January 15 immediately following the end of the fiscal year for which
the report is prepared''.
Subsec. (i). Pub. L. 99-500 and Pub. L. 99-591, 101(c) (
903(c)(7)), and Pub. L. 99-661, 903(c)(7), amended section identically
adding subsec. (i).
Section 1211(c) of Pub. L. 98-94 provided that: ''The amendments
made by this section (enacting this section and amending section 5315 of
Title 5, Government Organization and Employees) shall take effect on
November 1, 1983.''
10 USC 139. General Counsel
TITLE 10 -- ARMED FORCES
(a) There is a General Counsel of the Department of Defense,
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
(b) The General Counsel is the chief legal officer of the Department
of Defense. He shall perform such functions as the Secretary of Defense
may prescribe.
(Added Pub. L. 87-651, title II, 202, Sept. 7, 1962, 76 Stat. 519,
137; amended Pub. L. 88-426, title III, 305(9), Aug. 14, 1964, 78
Stat. 423; renumbered 139 and amended Pub. L. 99-433, title I,
101(a)(7), 110(d)(11), Oct. 1, 1986, 100 Stat. 995, 1003.)
In subsection (b), the words ''from time to time'' are omitted as
surplusage.
A prior section 139 was renumbered section 2431 of this title.
1986 -- Pub. L. 99-433, 101(a)(7), 110(d)(11), renumbered section
137 of this title as this section, and struck out '': powers and
duties'' at end of section catchline.
1964 -- Subsec. (c). Pub. L. 88-426 repealed subsec. (c) which
related to compensation of General Counsel. See section 5315 of Title
5, Government Organization and Employees.
For effective date of amendment by Pub. L. 88-426, see section 501
of Pub. L. 88-426.
For order of succession in event of death, disability, or resignation
of Secretary, see Ex. Ord. No. 12787, Dec. 31, 1991, 57 F.R. 517, set
out as a note under section 3347 of Title 5, Government Organization and
Employees.
Compensation of General Counsel, see section 5315 of Title 5,
Government Organization and Employees.
10 USC ( 139a. Renumbered 2432)
TITLE 10 -- ARMED FORCES
10 USC ( 139b. Renumbered 2433)
TITLE 10 -- ARMED FORCES
10 USC ( 139c. Renumbered 2434)
TITLE 10 -- ARMED FORCES
10 USC 140. Inspector General
TITLE 10 -- ARMED FORCES
(a) There is an Inspector General of the Department of Defense, who
is appointed as provided in section 3 of the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App. 3).
(b) The Inspector General performs the duties, has the
responsibilities, and exercises the powers specified in the Inspector
General Act of 1978.
(Added Pub. L. 99-433, title I, 108, Oct. 1, 1986, 100 Stat. 998.)
The Inspector General Act of 1978, referred to in text, is Pub. L.
95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in
the Appendix to Title 5, Government Organization and Employees.
A prior section 140 was renumbered section 127 of this title.
10 USC ( 140a. Renumbered 422)
TITLE 10 -- ARMED FORCES
A prior section 140a was renumbered section 128 of this title and
subsequently renumbered section 421 of this title.
10 USC ( 140b. Renumbered 423)
TITLE 10 -- ARMED FORCES
A prior section 140b was renumbered section 129 of this title.
10 USC ( 140c. Renumbered 130)
TITLE 10 -- ARMED FORCES
10 USC 141. Assistant to the Secretary of Defense for Atomic Energy
TITLE 10 -- ARMED FORCES
(a) There is an Assistant to the Secretary of Defense for Atomic
Energy, appointed by the President, by and with the advice and consent
of the Senate.
(b) The Assistant to the Secretary shall advise the Secretary of
Defense and the Nuclear Weapons Council on nuclear energy and nuclear
weapons matters.
(Added Pub. L. 100-180, div. A, title XII, 1245(a)(1), Dec. 4, 1987,
101 Stat. 1165.)
A prior section 141 of this title was contained in chapter 5 of this
title before amendment by Pub. L. 99-433. See note preceding section
151 of this title.
Section 1245(b) of Pub. L. 100-180 provided that: ''The person
serving as Chairman of the Military Liaison Committee, Department of
Defense, under section 27 of the Atomic Energy Act of 1946 (42 U.S.C.
2037) on October 16, 1986, may be appointed as the Assistant to the
Secretary of Defense for Atomic Energy under section 141 of title 10,
United States Code (as added by subsection (a)), without the advice and
consent of the Senate.''
10 USC CHAPTER 5 -- JOINT CHIEFS OF STAFF
TITLE 10 -- ARMED FORCES
Sec.
151. Joint Chiefs of Staff: composition; functions.
152. Chairman: appointment; grade and rank.
153. Chairman: functions.
154. Vice Chairman.
155. Joint Staff.
A prior chapter 5 relating to Joint Chiefs of Staff, which was
omitted in the general revision of this chapter by Pub. L. 99-433,
title II, 201, Oct. 1, 1986, 100 Stat. 1004, consisted of sections
141 to 143 as follows:
Section 141, acts Aug. 10, 1956, ch. 1041, 70A Stat. 6; Aug. 6,
1958, Pub. L. 85-599, 7, 72 Stat. 519; Sept. 7, 1962, Pub. L.
87-651, title II, 204, 76 Stat. 519; Oct. 20, 1978, Pub. L. 95-485,
title VIII, 807, 92 Stat. 1622, provided for composition and functions
of Joint Chiefs. See section 151 of this title.
Section 142, acts Aug. 10, 1956, ch. 1041, 70A Stat. 7; Sept. 7,
1962, Pub. L. 87-649, 14c(1), 76 Stat. 501; Oct. 19, 1984, Pub. L.
98-525, title XIII, 1301(b), 98 Stat. 2611, provided for appointment
and duties of Chairman of Joint Chiefs. See sections 152 and 153 of
this title.
Section 143, acts Aug. 10, 1956, ch. 1041, 70A Stat. 7; Aug. 6,
1958, Pub. L. 85-599, 5(a), 72 Stat. 517; Oct. 19, 1984, Pub. L.
98-525, title XIII, 1301(c), 98 Stat. 2611, provided for a Joint
Staff. See section 155 of this title.
1987 -- Pub. L. 100-180, div. A, title XIII, 1314(b)(1)(B), Dec.
4, 1987, 101 Stat. 1175, substituted ''grade and rank'' for ''rank'' in
item 152.
1986 -- Pub. L. 99-433, title II, 201, Oct. 1, 1986, 100 Stat.
1005, amended chapter 5 heading and analysis generally, substituting
items 151-155 for items 141-143.
10 USC 151. Joint Chiefs of Staff: composition; functions
TITLE 10 -- ARMED FORCES
(a) Composition. -- There are in the Department of Defense the Joint
Chiefs of Staff, headed by the Chairman of the Joint Chiefs of Staff.
The Joint Chiefs of Staff consist of the following:
(1) The Chairman.
(2) The Vice Chairman.
(3) The Chief of Staff of the Army.
(4) The Chief of Naval Operations.
(5) The Chief of Staff of the Air Force.
(6) The Commandant of the Marine Corps.
(b) Function as Military Advisers. -- The Chairman of the Joint
Chiefs of Staff is the principal military adviser to the President, the
National Security Council, and the Secretary of Defense.
(2) The other members of the Joint Chiefs of Staff are military
advisers to the President, the National Security Council, and the
Secretary of Defense as specified in subsections (d) and (e).
(c) Consultation by Chairman. -- (1) In carrying out his functions,
duties, and responsibilities, the Chairman shall, as he considers
appropriate, consult with and seek the advice of --
(A) the other members of the Joint Chiefs of Staff; and
(B) the commanders of the unified and specified combatant commands.
(2) Subject to subsection (d), in presenting advice with respect to
any matter to the President, the National Security Council, or the
Secretary of Defense, the Chairman shall, as he considers appropriate,
inform the President, the National Security Council, or the Secretary of
Defense, as the case may be, of the range of military advice and opinion
with respect to that matter.
(d) Advice and Opinions of Members Other Than Chairman. -- (1) A
member of the Joint Chiefs of Staff (other than the Chairman) may submit
to the Chairman advice or an opinion in disagreement with, or advice or
an opinion in addition to, the advice presented by the Chairman to the
President, the National Security Council, or the Secretary of Defense.
If a member submits such advice or opinion, the Chairman shall present
the advice or opinion of such member at the same time he presents his
own advice to the President, the National Security Council, or the
Secretary of Defense, as the case may be.
(2) The Chairman shall establish procedures to ensure that the
presentation of his own advice to the President, the National Security
Council, or the Secretary of Defense is not unduly delayed by reason of
the submission of the individual advice or opinion of another member of
the Joint Chiefs of Staff.
(e) Advice on Request. -- The members of the Joint Chiefs of Staff,
individually or collectively, in their capacity as military advisers,
shall provide advice to the President, the National Security Council, or
the Secretary of Defense on a particular matter when the President, the
National Security Council, or the Secretary requests such advice.
(f) Recommendations to Congress. -- After first informing the
Secretary of Defense, a member of the Joint Chiefs of Staff may make
such recommendations to Congress relating to the Department of Defense
as he considers appropriate.
(g) Meetings of JCS. -- (1) The Chairman shall convene regular
meetings of the Joint Chiefs of Staff.
(2) Subject to the authority, direction, and control of the President
and the Secretary of Defense, the Chairman shall --
(A) preside over the Joint Chiefs of Staff;
(B) provide agenda for the meetings of the Joint Chiefs of Staff
(including, as the Chairman considers appropriate, any subject for the
agenda recommended by any other member of the Joint Chiefs of Staff);
(C) assist the Joint Chiefs of Staff in carrying on their business as
promptly as practicable; and
(D) determine when issues under consideration by the Joint Chiefs of
Staff shall be decided.
(Added Pub. L. 99-433, title II, 201, Oct. 1, 1986, 100 Stat. 1005;
amended Pub. L. 102-484, div. A, title IX, 911(a), Oct. 23, 1992, 106
Stat. 2473.)
1992 -- Subsec. (a)(2) to (6). Pub. L. 102-484 added par. (2) and
redesignated former pars. (2) to (5) as (3) to (6), respectively.
Chief of Naval Operations, generally, see section 5031 et seq. of
this title.
Chief of Staff of the Army or Air Force, appointment and duties, see
sections 3033, 8033 of this title.
Commandant of the Marine Corps, appointment, term and emoluments, see
section 5043 of this title.
Detail or assignment of officers to Office of the Secretary of
Defense, see section 131 of this title.
National Security Council, establishment and functions, see section
402 of Title 50, War and National Defense.
Selection of Director of the Joint Staff, see section 155 of this
title.
United Nations Organization --
Personal money allowance of officers serving as members of Military
Staff Committee, see section 414 of Title 37, Pay and Allowances of the
Uniformed Services.
Representation, see section 287 of Title 22, Foreign Relations and
Intercourse.
10 USC 152. Chairman: appointment; grade and rank
TITLE 10 -- ARMED FORCES
(a) Appointment; Term of Office. -- (1) There is a Chairman of the
Joint Chiefs of Staff, appointed by the President, by and with the
advice and consent of the Senate, from the officers of the regular
components of the armed forces. The Chairman serves at the pleasure of
the President for a term of two years, beginning on October 1 of
odd-numbered years. Subject to paragraph (3), an officer serving as
Chairman may be reappointed in the same manner for two additional terms.
However, in time of war there is no limit on the number of
reappointments.
(2) In the event of the death, retirement, resignation, or
reassignment of the officer serving as Chairman before the end of the
term for which the officer was appointed, an officer appointed to fill
the vacancy shall serve as Chairman only for the remainder of the
original term, but may be reappointed as provided in paragraph (1).
(3) An officer may not serve as Chairman or Vice Chairman of the
Joint Chiefs of Staff if the combined period of service of such officer
in such positions exceeds six years. However, the President may extend
to eight years the combined period of service an officer may serve in
such positions if he determines such action is in the national interest.
The limitations of this paragraph do not apply in time of war.
(b) Requirement for Appointment. -- (1) The President may appoint an
officer as Chairman of the Joint Chiefs of Staff only if the officer has
served as --
(A) the Vice Chairman of the Joint Chiefs of Staff;
(B) the Chief of Staff of the Army, the Chief of Naval Operations,
the Chief of Staff of the Air Force, or the Commandant of the Marine
Corps; or
(C) the commander of a unified or specified combatant command.
(2) The President may waive paragraph (1) in the case of an officer
if the President determines such action is necessary in the national
interest.
(c) Grade and Rank. -- The Chairman, while so serving, holds the
grade of general or, in the case of an officer of the Navy, admiral and
outranks all other officers of the armed forces. However, he may not
exercise military command over the Joint Chiefs of Staff or any of the
armed forces.
(Added Pub. L. 99-433, title II, 201, Oct. 1, 1986, 100 Stat. 1006;
amended Pub. L. 100-180, div. A, title XIII, 1314(b)(1)(A), Dec. 4,
1987, 101 Stat. 1175.)
1987 -- Pub. L. 100-180 substituted ''grade and rank'' for ''rank''
in section catchline.
Armed Forces Policy Council, member of, see section 171 of this
title.
Management of Joint Staff and its director, see section 155 of this
title.
Pay and allowances --
Chairman, see section 203 of Title 37, Pay and Allowances of the
Uniformed Services.
Grade of general or admiral, see sections 3033, 5033, 5043, and 8033
of this title; sections 203, 402, 403, and 1009 of Title 37.
Personal money allowance, see section 414 of Title 37.
10 USC 153. Chairman: functions
TITLE 10 -- ARMED FORCES
(a) Planning; Advice; Policy Formulation. -- Subject to the
authority, direction, and control of the President and the Secretary of
Defense, the Chairman of the Joint Chiefs of Staff shall be responsible
for the following:
(1) Strategic Direction. -- Assisting the President and the Secretary
of Defense in providing for the strategic direction of the armed forces.
(2) Strategic Planning. -- (A) Preparing strategic plans, including
plans which conform with resource levels projected by the Secretary of
Defense to be available for the period of time for which the plans are
to be effective.
(B) Preparing joint logistic and mobility plans to support those
strategic plans and recommending the assignment of logistic and mobility
responsibilities to the armed forces in accordance with those logistic
and mobility plans.
(C) Performing net assessments to determine the capabilities of the
armed forces of the United States and its allies as compared with those
of their potential adversaries.
(3) Contingency Planning; Preparedness. -- (A) Providing for the
preparation and review of contingency plans which conform to policy
guidance from the President and the Secretary of Defense.
(B) Preparing joint logistic and mobility plans to support those
contingency plans and recommending the assignment of logistic and
mobility responsibilities to the armed forces in accordance with those
logistic and mobility plans.
(C) Advising the Secretary on critical deficiencies and strengths in
force capabilities (including manpower, logistic, and mobility support)
identified during the preparation and review of contingency plans and
assessing the effect of such deficiencies and strengths on meeting
national security objectives and policy and on strategic plans.
(D) Establishing and maintaining, after consultation with the
commanders of the unified and specified combatant commands, a uniform
system of evaluating the preparedness of each such command to carry out
missions assigned to the command.
(4) Advice on Requirements, Programs, and Budget. -- (A) Advising the
Secretary, under section 163(b)(2) of this title, on the priorities of
the requirements identified by the commanders of the unified and
specified combatant commands.
(B) Advising the Secretary on the extent to which the program
recommendations and budget proposals of the military departments and
other components of the Department of Defense for a fiscal year conform
with the priorities established in strategic plans and with the
priorities established for the requirements of the unified and specified
combatant commands.
(C) Submitting to the Secretary alternative program recommendations
and budget proposals, within projected resource levels and guidance
provided by the Secretary, in order to achieve greater conformance with
the priorities referred to in clause (B).
(D) Recommending to the Secretary, in accordance with section 166 of
this title, a budget proposal for activities of each unified and
specified combatant command.
(E) Advising the Secretary on the extent to which the major programs
and policies of the armed forces in the area of manpower conform with
strategic plans.
(F) Assessing military requirements for defense acquisition programs.
(5) Doctrine, Training, and Education. -- (A) Developing doctrine for
the joint employment of the armed forces.
(B) Formulating policies for the joint training of the armed forces.
(C) Formulating policies for coordinating the military education and
training of members of the armed forces.
(6) Other Matters. -- (A) Providing for representation of the United
States on the Military Staff Committee of the United Nations in
accordance with the Charter of the United Nations.
(B) Performing such other duties as may be prescribed by law or by
the President or the Secretary of Defense.
(b) Report on Assignment of Roles and Missions. -- (1) Not less than
once every three years, or upon the request of the President or the
Secretary of Defense, the Chairman shall submit to the Secretary of
Defense a report containing such recommendations for changes in the
assignment of functions (or roles and missions) to the armed forces as
the Chairman considers necessary to achieve maximum effectiveness of the
armed forces. In preparing each such report, the Chairman shall
consider (among other matters) the following:
(A) Changes in the nature of the threats faced by the United States.
(B) Unnecessary duplication of effort among the armed forces.
(C) Changes in technology that can be applied effectively to warfare.
(2) The Chairman shall include in each such report recommendations
for such changes in policies, directives, regulations, and legislation
as may be necessary to achieve the changes in the assignment of
functions recommended by the Chairman.
(Added Pub. L. 99-433, title II, 201, Oct. 1, 1986, 100 Stat.
1007.)
Pub. L. 102-484, div. A, title IX, 901, Oct. 23, 1992, 106 Stat.
2469, provided that:
''(a) Report. -- (1) The Secretary of Defense shall transmit to
Congress a copy of the first report relating to the roles and missions
of the Armed Forces that is submitted to the Secretary by the Chairman
of the Joint Chiefs of Staff under section 153(b) of title 10, United
States Code, after January 1, 1992.
''(2) The Secretary shall transmit the report, together with his
views on the report, within 30 days after receiving the report.
''(b) Additional Matters. -- In addition to the matters required
under such section 153(b), the Chairman shall include in the report
referred to in subsection (a) the Chairman's comments and
recommendations regarding the following matters:
''(1) Reassessing the roles and missions assigned to each of the
Armed Forces (under the Key West agreement of 1947 and subsequent
actions by the various Secretaries of Defense and the Congress) in light
of the new national security environment resulting from the end of the
Cold War.
''(2) The extent to which the efficiency of the Armed Forces in
carrying out their roles and missions can be enhanced by --
''(A) the elimination or reduction of duplication in the capabilities
of the military departments and Defense Agencies without an undue
diminution in their effectiveness; and
''(B) the consolidation or streamlining of organizations and
activities within the military departments and Defense Agencies.
''(3) Changes in the operational tempo of forces stationed in the
continental United States and changes in deployment patterns and
operational tempo of forces deployed outside the United States.
''(4) Changes in the readiness status of units based upon time-phased
force deployment plans.
''(5) Transfers of functions from the active components of the Armed
Forces to the reserve components of the Armed Forces.''
Section 204(a), (b) of Pub. L. 99-433 provided that:
''(a) Preparedness Evaluation System. -- The uniform system of
evaluating the preparedness of each unified and specified combatant
command required to be established by paragraph (3)(D) of section 153(a)
of title 10, United States Code, as added by section 201 of this Act,
shall be established not later than one year after the date of the
enactment of this Act (Oct. 1, 1986).
''(b) Date for First Report. -- The first report under section 153(b)
of title 10, United States Code, as added by section 201 of this Act,
shall be submitted by the Chairman of the Joint Chiefs of Staff not
later than two years after the date of the enactment of this Act (Oct.
1, 1986).''
10 USC 154. Vice Chairman
TITLE 10 -- ARMED FORCES
(a) Appointment. -- (1) There is a Vice Chairman of the Joint Chiefs
of Staff, appointed by the President, by and with the advice and consent
of the Senate, from the officers of the regular components of the armed
forces.
(2) The Chairman and Vice Chairman may not be members of the same
armed force. However, the President may waive the restriction in the
preceding sentence for a limited period of time in order to provide for
the orderly transition of officers appointed to serve in the positions
of Chairman and Vice Chairman.
(3) The Vice Chairman serves at the pleasure of the President for a
term of two years and may be reappointed in the same manner for two
additional terms. However, in time of war there is no limit on the
number of reappointments.
(b) Requirement for Appointment. -- (1) The President may appoint an
officer as Vice Chairman of the Joint Chiefs of Staff only if the
officer --
(A) has the joint specialty under section 661 of this title; and
(B) has completed a full tour of duty in a joint duty assignment (as
defined in section 664(f) of this title) as a general or flag officer.
(2) The President may waive paragraph (1) in the case of an officer
if the President determines such action is necessary in the national
interest.
(c) Duties. -- The Vice Chairman performs the duties prescribed for
him as a member of the Joint Chiefs of Staff and such other duties as
may be prescribed by the Chairman with the approval of the Secretary of
Defense.
(d) Function as Acting Chairman. -- When there is a vacancy in the
office of Chairman or in the absence or disability of the Chairman, the
Vice Chairman acts as Chairman and performs the duties of the Chairman
until a successor is appointed or the absence or disability ceases.
(e) Succession After Chairman and Vice Chairman. -- When there is a
vacancy in the offices of both Chairman and Vice Chairman or in the
absence or disability of both the Chairman and the Vice Chairman, or
when there is a vacancy in one such office and in the absence or
disability of the officer holding the other, the President shall
designate a member of the Joint Chiefs of Staff to act as and perform
the duties of the Chairman until a successor to the Chairman or Vice
Chairman is appointed or the absence or disability of the Chairman or
Vice Chairman ceases.
(f) Grade and Rank. -- The Vice Chairman, while so serving, holds the
grade of general or, in the case of an officer of the Navy, admiral and
outranks all other officers of the armed forces except the Chairman.
The Vice Chairman may not exercise military command over the Joint
Chiefs of Staff or any of the armed forces.
(Added Pub. L. 99-433, title II, 201, Oct. 1, 1986, 100 Stat. 1008;
amended Pub. L. 100-456, div. A, title V, 519(a)(1), Sept. 29, 1988,
102 Stat. 1972; Pub. L. 102-484, div. A, title IX, 911(b)(1), Oct. 23,
1992, 106 Stat. 2473.)
1992 -- Subsec. (c). Pub. L. 102-484, 911(b)(1)(A), substituted
''the duties prescribed for him as a member of the Joint Chiefs of Staff
and such other'' for ''such''.
Subsecs. (f), (g). Pub. L. 102-484, 911(b)(1)(B), (C), redesignated
subsec. (g) as (f) and struck out former subsec. (f) which read as
follows: ''Participation in JCS Meetings. -- The Vice Chairman may
participate in all meetings of the Joint Chiefs of Staff, but may not
vote on a matter before the Joint Chiefs of Staff except when acting as
Chairman.''
1988 -- Subsec. (b)(1)(B). Pub. L. 100-456 substituted ''completed a
full tour of duty in a joint duty assignment (as defined in section
664(f) of this title)'' for ''served in at least one joint duty
assignment (as defined under section 668(b) of this title)''.
Pub. L. 100-526, title I, 107, Oct. 24, 1988, 102 Stat. 2625,
authorized President to extend until June 1, 1989, term of office of
officer serving as Vice Chairman of Joint Chiefs of Staff for term which
began on Feb. 6, 1987.
Section 204(c) of Pub. L. 99-433 authorized President, until Oct.
1, 1990, to waive certain requirements otherwise applicable for
appointment of an officer as Vice Chairman of Joint Chiefs of Staff.
10 USC 155. Joint Staff
TITLE 10 -- ARMED FORCES
(a) Appointment of Officers to Joint Staff. -- (1) There is a Joint
Staff under the Chairman of the Joint Chiefs of Staff. The Joint Staff
assists the Chairman and, subject to the authority, direction, and
control of the Chairman, the other members of the Joint Chiefs of Staff
in carrying out their responsibilities.
(2) Officers of the armed forces (other than the Coast Guard)
assigned to serve on the Joint Staff shall be selected by the Chairman
in approximately equal numbers from --
(A) the Army;
(B) the Navy and the Marine Corps; and
(C) the Air Force.
(3) Selection of officers of an armed force to serve on the Joint
Staff shall be made by the Chairman from a list of officers submitted by
the Secretary of the military department having jurisdiction over that
armed force. Each officer whose name is submitted shall be among those
officers considered to be the most outstanding officers of that armed
force. The Chairman may specify the number of officers to be included
on any such list.
(b) Director. -- The Chairman of the Joint Chiefs of Staff, after
consultation with the other members of the Joint Chiefs of Staff and
with the approval of the Secretary of Defense, may select an officer to
serve as Director of the Joint Staff.
(c) Management of Joint Staff. -- The Chairman of the Joint Chiefs of
Staff manages the Joint Staff and the Director of the Joint Staff. The
Joint Staff shall perform such duties as the Chairman prescribes and
shall perform such duties under such procedures as the Chairman
prescribes.
(d) Operation of Joint Staff. -- The Secretary of Defense shall
ensure that the Joint Staff is independently organized and operated so
that the Joint Staff supports the Chairman of the Joint Chiefs of Staff
in meeting the congressional purpose set forth in the last clause of
section 2 of the National Security Act of 1947 (50 U.S.C. 401) to
provide --
(1) for the unified strategic direction of the combatant forces;
(2) for their operation under unified command; and
(3) for their integration into an efficient team of land, naval, and
air forces.
(e) Prohibition of Function as Armed Forces General Staff. -- The
Joint Staff shall not operate or be organized as an overall Armed Forces
General Staff and shall have no executive authority. The Joint Staff
may be organized and may operate along conventional staff lines.
(f) Tour of Duty of Joint Staff Officers. -- (1) An officer who is
assigned or detailed to permanent duty on the Joint Staff may not serve
for a tour of duty of more than four years. However, such a tour of
duty may be extended with the approval of the Secretary of Defense.
(2) In accordance with procedures established by the Secretary of
Defense, the Chairman of the Joint Chiefs of Staff may suspend from duty
and recommend the reassignment of any officer assigned to the Joint
Staff. Upon receipt of such a recommendation, the Secretary concerned
shall promptly reassign the officer.
(3) An officer completing a tour of duty with the Joint Staff may not
be assigned or detailed to permanent duty on the Joint Staff within two
years after relief from that duty except with the approval of the
Secretary.
(4) Paragraphs (1) and (3) do not apply --
(A) in time of war; or
(B) during a national emergency declared by the President or
Congress.
(g) Composition of Joint Staff. -- (1) The Joint Staff is composed of
all members of the armed forces and civilian employees assigned or
detailed to permanent duty in the executive part of the Department of
Defense to perform the functions and duties prescribed under subsections
(a) and (c).
(2) The Joint Staff does not include members of the armed forces or
civilian employees assigned or detailed to permanent duty in a military
department.
(Added Pub. L. 99-433, title II, 201, Oct. 1, 1986, 100 Stat. 1009;
amended Pub. L. 100-180, div. A, title XIII, 1314(b)(2), Dec. 4,
1987, 101 Stat. 1175; Pub. L. 101-510, div. A, title IX, 902, Nov. 5,
1990, 104 Stat. 1620; Pub. L. 102-484, div. A, title IX, 911(b)(2),
Oct. 23, 1992, 106 Stat. 2473.)
1992 -- Subsec. (a)(1). Pub. L. 102-484, which directed amendment of
par. (1) by striking out ''and the Vice Chairman.'', was executed by
striking out ''and the Vice Chairman'' before ''in carrying out'' to
reflect the probable intent of Congress.
1990 -- Subsecs. (g), (h). Pub. L. 101-510 redesignated subsec.
(h) as (g) and struck out former subsec. (g) which read as follows:
''Limitation on Size of Joint Staff. -- (1) Effective on October 1,
1988, the total number of members of the armed forces and civilian
personnel assigned or detailed to permanent duty on the Joint Staff may
not exceed 1,627.
''(2) Paragraph (1) does not apply --
''(A) in time of war; or
''(B) during a national emergency declared by the President or
Congress.''
1987 -- Subsec. (f)(4)(B). Pub. L. 100-180, 1314(b)(2)(A), inserted
''or Congress'' after ''by the President''.
Subsec. (g)(2)(B). Pub. L. 100-180, 1314(b)(2)(B), inserted ''the
President or'' after ''declared by''.
10 USC CHAPTER 6 -- COMBATANT COMMANDS
TITLE 10 -- ARMED FORCES
Sec.
161. Combatant commands: establishment.
162. Combatant commands: assigned forces; chain of command.
163. Role of Chairman of Joint Chiefs of Staff.
164. Commanders of combatant commands: assignment; powers and
duties.
165. Combatant commands: administration and support.
166. Combatant commands: budget proposals.
166a. Combatant commands: funding through the Chairman of Joint
Chiefs of Staff.
167. Unified combatant command for special operations forces.
Prior to enactment of this chapter by Pub. L. 99-433, provisions
relating to combat commands were contained in section 124 of this title.
1991 -- Pub. L. 102-190, div. A, title IX, 902(b), Dec. 5, 1991,
105 Stat. 1451, added item 166a.
1986 -- Pub. L. 99-500, 101(c) (title IX, 9115(b)(2)), Oct. 18,
1986, 100 Stat. 1783-82, 1783-124, and Pub. L. 99-591, 101(c) (title
IX, 9115(b)(2)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-124; Pub. L.
99-661, div. A, title XIII, 1311(b)(2), Nov. 14, 1986, 100 Stat.
3985, amended analysis identically adding item 167.
Pub. L. 99-433, title II, 211(a), Oct. 1, 1986, 100 Stat. 1012,
added chapter 6 heading and analysis.
10 USC 161. Combatant commands: establishment
TITLE 10 -- ARMED FORCES
(a) Unified and Specified Combatant Commands. -- With the advice and
assistance of the Chairman of the Joint Chiefs of Staff, the President,
through the Secretary of Defense, shall --
(1) establish unified combatant commands and specified combatant
commands to perform military missions; and
(2) prescribe the force structure of those commands.
(b) Periodic Review. -- (1) The Chairman periodically (and not less
often than every two years) shall --
(A) review the missions, responsibilities (including geographic
boundaries), and force structure of each combatant command; and
(B) recommend to the President, through the Secretary of Defense, any
changes to such missions, responsibilities, and force structures as may
be necessary.
(2) Except during time of hostilities or imminent threat of
hostilities, the President shall notify Congress not more than 60 days
after --
(A) establishing a new combatant command; or
(B) significantly revising the missions, responsibilities, or force
structure of an existing combatant command.
(c) Definitions. -- In this chapter:
(1) The term ''unified combatant command'' means a military command
which has broad, continuing missions and which is composed of forces
from two or more military departments.
(2) The term ''specified combatant command'' means a military command
which has broad, continuing missions and which is normally composed of
forces from a single military department.
(3) The term ''combatant command'' means a unified combatant command
or a specified combatant command.
(Added Pub. L. 99-433, title II, 211(a), Oct. 1, 1986, 100 Stat.
1012.)
Section 212 of Pub. L. 99-433 set out 10 areas to be covered in
first review of missions, responsibilities, and force structure of
unified combatant commands under subsec. (b) of this section, and
directed that first report to President be made not later than Oct. 1,
1987.
10 USC 162. Combatant commands: assigned forces; chain of command
TITLE 10 -- ARMED FORCES
(a) Assignment of Forces. -- (1) Except as provided in paragraph (2),
the Secretaries of the military departments shall assign all forces
under their jurisdiction to unified and specified combatant commands or
to the United States element of the North American Air Defense Command
to perform missions assigned to those commands. Such assignments shall
be made as directed by the Secretary of Defense, including direction as
to the command to which forces are to be assigned. The Secretary of
Defense shall ensure that such assignments are consistent with the force
structure prescribed by the President for each combatant command.
(2) Except as otherwise directed by the Secretary of Defense, forces
to be assigned by the Secretaries of the military departments to the
combatant commands or to the United States element of the North American
Air Defense Command under paragraph (1) do not include forces assigned
to carry out functions of the Secretary of a military department listed
in sections 3013(b), 5013(b), and 8013(b) of this title or forces
assigned to multinational peacekeeping organizations.
(3) A force assigned to a combatant command or to the United States
element of the North American Air Defense Command under this section may
be transferred from the command to which it is assigned only --
(A) by authority of the Secretary of Defense; and
(B) under procedures prescribed by the Secretary and approved by the
President.
(4) Except as otherwise directed by the Secretary of Defense, all
forces operating within the geographic area assigned to a unified
combatant command shall be assigned to, and under the command of, the
commander of that command. The preceding sentence applies to forces
assigned to a specified combatant command only as prescribed by the
Secretary of Defense.
(b) Chain of Command. -- Unless otherwise directed by the President,
the chain of command to a unified or specified combatant command runs --
(1) from the President to the Secretary of Defense; and
(2) from the Secretary of Defense to the commander of the combatant
command.
(Added Pub. L. 99-433, title II, 211(a), Oct. 1, 1986, 100 Stat.
1012; amended Pub. L. 100-180, div. A, title XIII, 1313, Dec. 4, 1987,
101 Stat. 1175; Pub. L. 100-456, div. A, title VII, 711, Sept. 29,
1988, 102 Stat. 1997.)
1988 -- Subsec. (a)(1) to (3). Pub. L. 100-456 inserted ''or to the
United States element of the North American Air Defense Command''.
1987 -- Subsec. (a)(2). Pub. L. 100-180 inserted before period at
end ''or forces assigned to multinational peacekeeping organizations''.
Section 214(a) of Pub. L. 99-433 provided that section 162(a) of
this title shall be implemented not later than 90 days after Oct. 1,
1986.
Air Force Chief of Staff, supervision over members and organizations
of Air Force, see section 8033 of this title.
Army Chief of Staff, supervision over members and organizations of
Army, see section 3033 of this title.
Chief of Naval Operations, supervision over members and
organizations, of Navy and Marine Corps, see section 5033 of this title.
Commandant of Marine Corps, supervision over members and
organizations of Marine Corps and Navy, see section 5043 of this title.
10 USC 163. Role of Chairman of Joint Chiefs of Staff
TITLE 10 -- ARMED FORCES
(a) Communications Through Chairman of JCS; Assignment of Duties.
-- Subject to the limitations in section 152(c) of this title, the
President may --
(1) direct that communications between the President or the Secretary
of Defense and the commanders of the unified and specified combatant
commands be transmitted through the Chairman of the Joint Chiefs of
Staff; and
(2) assign duties to the Chairman to assist the President and the
Secretary of Defense in performing their command function.
(b) Oversight by Chairman of Joint Chiefs of Staff. -- (1) The
Secretary of Defense may assign to the Chairman of the Joint Chiefs of
Staff responsibility for overseeing the activities of the combatant
commands. Such assignment by the Secretary to the Chairman does not
confer any command authority on the Chairman and does not alter the
responsibility of the commanders of the combatant commands prescribed in
section 164(b)(2) of this title.
(2) Subject to the authority, direction, and control of the Secretary
of Defense, the Chairman of the Joint Chiefs of Staff serves as the
spokesman for the commanders of the combatant commands, especially on
the operational requirements of their commands. In performing such
function, the Chairman shall --
(A) confer with and obtain information from the commanders of the
combatant commands with respect to the requirements of their commands;
(B) evaluate and integrate such information;
(C) advise and make recommendations to the Secretary of Defense with
respect to the requirements of the combatant commands, individually and
collectively; and
(D) communicate, as appropriate, the requirements of the combatant
commands to other elements of the Department of Defense.
(Added Pub. L. 99-433, title II, 211(a), Oct. 1, 1986, 100 Stat.
1013.)
10 USC 164. Commanders of combatant commands: assignment; powers and
duties
TITLE 10 -- ARMED FORCES
(a) Assignment as Combatant Commander. -- (1) The President may
assign an officer to serve as the commander of a unified or specified
combatant command only if the officer --
(A) has the joint specialty under section 661 of this title; and
(B) has completed a full tour of duty in a joint duty assignment (as
defined in section 664(f) of this title) as a general or flag officer.
(2) The President may waive paragraph (1) in the case of an officer
if the President determines that such action is necessary in the
national interest.
(b) Responsibilities of Combatant Commanders. -- (1) The commander of
a combatant command is responsible to the President and to the Secretary
of Defense for the performance of missions assigned to that command by
the President or by the Secretary with the approval of the President.
(2) Subject to the direction of the President, the commander of a
combatant command --
(A) performs his duties under the authority, direction, and control
of the Secretary of Defense; and
(B) is directly responsible to the Secretary for the preparedness of
the command to carry out missions assigned to the command.
(c) Command Authority of Combatant Commanders. -- (1) Unless
otherwise directed by the President or the Secretary of Defense, the
authority, direction, and control of the commander of a combatant
command with respect to the commands and forces assigned to that command
include the command functions of --
(A) giving authoritative direction to subordinate commands and forces
necessary to carry out missions assigned to the command, including
authoritative direction over all aspects of military operations, joint
training, and logistics;
(B) prescribing the chain of command to the commands and forces
within the command;
(C) organizing commands and forces within that command as he
considers necessary to carry out missions assigned to the command;
(D) employing forces within that command as he considers necessary to
carry out missions assigned to the command;
(E) assigning command functions to subordinate commanders;
(F) coordinating and approving those aspects of administration and
support (including control of resources and equipment, internal
organization, and training) and discipline necessary to carry out
missions assigned to the command; and
(G) exercising the authority with respect to selecting subordinate
commanders, selecting combatant command staff, suspending subordinates,
and convening courts-martial, as provided in subsections (e), (f), and
(g) of this section and section 822(a) of this title, respectively.
(2)(A) The Secretary of Defense shall ensure that a commander of a
combatant command has sufficient authority, direction, and control over
the commands and forces assigned to the command to exercise effective
command over those commands and forces. In carrying out this
subparagraph, the Secretary shall consult with the Chairman of the Joint
Chiefs of Staff.
(B) The Secretary shall periodically review and, after consultation
with the Secretaries of the military departments, the Chairman of the
Joint Chiefs of Staff, and the commander of the combatant command,
assign authority to the commander of the combatant command for those
aspects of administration and support that the Secretary considers
necessary to carry out missions assigned to the command.
(3) If a commander of a combatant command at any time considers his
authority, direction, or control with respect to any of the commands or
forces assigned to the command to be insufficient to command
effectively, the commander shall promptly inform the Secretary of
Defense.
(d) Authority Over Subordinate Commanders. -- Unless otherwise
directed by the President or the Secretary of Defense --
(1) commanders of commands and forces assigned to a combatant command
are under the authority, direction, and control of, and are responsible
to, the commander of the combatant command on all matters for which the
commander of the combatant command has been assigned authority under
subsection (c);
(2) the commander of a command or force referred to in clause (1)
shall communicate with other elements of the Department of Defense on
any matter for which the commander of the combatant command has been
assigned authority under subsection (c) in accordance with procedures,
if any, established by the commander of the combatant command;
(3) other elements of the Department of Defense shall communicate
with the commander of a command or force referred to in clause (1) on
any matter for which the commander of the combatant command has been
assigned authority under subsection (c) in accordance with procedures,
if any, established by the commander of the combatant command; and
(4) if directed by the commander of the combatant command, the
commander of a command or force referred to in clause (1) shall advise
the commander of the combatant command of all communications to and from
other elements of the Department of Defense on any matter for which the
commander of the combatant command has not been assigned authority under
subsection (c).
(e) Selection of Subordinate Commanders. -- (1) An officer may be
assigned to a position as the commander of a command directly
subordinate to the commander of a combatant command or, in the case of
such a position that is designated under section 601 of this title as a
position of importance and responsibility, may be recommended to the
President for assignment to that position, only --
(A) with the concurrence of the commander of the combatant command;
and
(B) in accordance with procedures established by the Secretary of
Defense.
(2) The Secretary of Defense may waive the requirement under
paragraph (1) for the concurrence of the commander of a combatant
command with regard to the assignment (or recommendation for assignment)
of a particular officer if the Secretary of Defense determines that such
action is in the national interest.
(3) The commander of a combatant command shall --
(A) evaluate the duty performance of each commander of a command
directly subordinate to the commander of such combatant command; and
(B) submit the evaluation to the Secretary of the military department
concerned and the Chairman of the Joint Chiefs of Staff.
(f) Combatant Command Staff. -- (1) Each unified and specified
combatant command shall have a staff to assist the commander of the
command in carrying out his responsibilities. Positions of
responsibility on the combatant command staff shall be filled by
officers from each of the armed forces having significant forces
assigned to the command.
(2) An officer may be assigned to a position on the staff of a
combatant command or, in the case of such a position that is designated
under section 601 of this title as a position of importance and
responsibility, may be recommended to the President for assignment to
that position, only --
(A) with the concurrence of the commander of such command; and
(B) in accordance with procedures established by the Secretary of
Defense.
(3) The Secretary of Defense may waive the requirement under
paragraph (2) for the concurrence of the commander of a combatant
command with regard to the assignment (or recommendation for assignment)
of a particular officer to serve on the staff of the combatant command
if the Secretary of Defense determines that such action is in the
national interest.
(g) Authority to Suspend Subordinates. -- In accordance with
procedures established by the Secretary of Defense, the commander of a
combatant command may suspend from duty and recommend the reassignment
of any officer assigned to such combatant command.
(Added Pub. L. 99-433, title II, 211(a), Oct. 1, 1986, 100 Stat.
1013; amended Pub. L. 100-456, div. A, title V, 519(a)(2), Sept. 29,
1988, 102 Stat. 1972.)
1988 -- Subsec. (a)(1)(B). Pub. L. 100-456 substituted ''completed a
full tour of duty in a joint duty assignment (as defined in section
664(f) of this title)'' for ''served in at least one joint duty
assignment (as defined under section 668(b) of this title)''.
Section 214(c) of Pub. L. 99-433 provided that: ''Subsections (e),
(f), and (g) of section 164 of title 10, United States Code (as added by
section 211 of this Act), shall take effect at the end of the 90-day
period beginning on the date of the enactment of this Act (Oct. 1,
1986), or on such earlier date as may be prescribed by the Secretary of
Defense.''
Section 214(b) of Pub. L. 99-433 authorized President, until Oct.
1, 1990, to waive, on a case-by-case basis, certain requirements
provided for in subsec. (a) of this section relating to assignment of
commanders of combatant commands.
10 USC 165. Combatant commands: administration and support
TITLE 10 -- ARMED FORCES
(a) In General. -- The Secretary of Defense, with the advice and
assistance of the Chairman of the Joint Chiefs of Staff, shall provide
for the administration and support of forces assigned to each combatant
command.
(b) Responsibility of Secretaries of Military Departments. -- Subject
to the authority, direction, and control of the Secretary of Defense and
subject to the authority of commanders of the combatant commands under
section 164(c) of this title, the Secretary of a military department is
responsible for the administration and support of forces assigned by him
to a combatant command.
(c) Assignment of Responsibility to Other Components of DOD. -- After
consultation with the Secretaries of the military departments, the
Secretary of Defense may assign the responsibility (or any part of the
responsibility) for the administration and support of forces assigned to
the combatant commands to other components of the Department of Defense
(including Defense Agencies and combatant commands). A component
assigned such a responsibility shall discharge that responsibility
subject to the authority, direction, and control of the Secretary of
Defense and subject to the authority of commanders of the combatant
commands under section 164(c) of this title.
(Added Pub. L. 99-433, title II, 211(a), Oct. 1, 1986, 100 Stat.
1016.)
10 USC 166. Combatant commands: budget proposals
TITLE 10 -- ARMED FORCES
(a) Combatant Command Budgets. -- The Secretary of Defense shall
include in the annual budget of the Department of Defense submitted to
Congress a separate budget proposal for such activities of each of the
unified and specified combatant commands as may be determined under
subsection (b).
(b) Content of Proposals. -- A budget proposal under subsection (a)
for funding of activities of a combatant command shall include funding
proposals for such activities of the combatant command as the Secretary
(after consultation with the Chairman of the Joint Chiefs of Staff)
determines to be appropriate for inclusion. Activities of a combatant
command for which funding may be requested in such a proposal include
the following:
(1) Joint exercises.
(2) Force training.
(3) Contingencies.
(4) Selected operations.
(c) SOF Training With Foreign Forces. -- A funding proposal for force
training under subsection (b)(2) may include amounts for training
expense payments authorized in section 2011 of this title.
(Added Pub. L. 99-433, title II, 211(a), Oct. 1, 1986, 100 Stat.
1016; amended Pub. L. 102-190, div. A, title X, 1052(b), Dec. 5, 1991,
105 Stat. 1471.)
1991 -- Subsec. (c). Pub. L. 102-190 added subsec. (c).
Section 214(d) of Pub. L. 99-433 provided that: ''Section 166 of
title 10, United States Code (as added by section 211 of this Act),
shall take effect with budget proposals for fiscal year 1989.''
10 USC 166a. Combatant commands: funding through the Chairman of
Joint Chiefs of Staff
TITLE 10 -- ARMED FORCES
(a) CINC Initiative Fund. -- From funds made available in any fiscal
year for the budget account in the Department of Defense known as the
''CINC Initiative Fund'', the Chairman of the Joint Chiefs of Staff may
provide funds to the commander of a combatant command, upon the request
of the commander, or to the Director of the Joint Staff with respect to
an area or areas not within the area of responsibility of a commander of
a combatant command. /1/ The Chairman may provide such funds for any of
the activities named in subsection (b).
(b) Authorized Activities. -- Activities for which funds may be
provided under subsection (a) are the following:
(1) Force training.
(2) Contingencies.
(3) Selected operations.
(4) Command and control.
(5) Joint exercises (including activities of participating foreign
countries).
(6) Humanitarian and civil assistance.
(7) Military education and training to military and related civilian
personnel of foreign countries (including transportation, translation,
and administrative expenses).
(8) Personnel expenses of defense personnel for bilateral or regional
cooperation programs.
(c) Priority. -- The Chairman of the Joint Chiefs of Staff, in
considering requests for funds in the CINC Initiative Fund, should give
priority consideration to --
(1) requests for funds to be used for activities that would enhance
the war fighting capability, readiness, and sustainability of the forces
assigned to the commander requesting the funds; and
(2) the provision of funds to be used for activities with respect to
an area or areas not within the area of responsibility of a commander of
a combatant command that would reduce the threat to, or otherwise
increase, the national security of the United States.
(d) Relationship to Other Funding. -- Any amount provided by the
Chairman of the Joint Chiefs of Staff during any fiscal year out of the
CINC Initiative Fund for an activity referred to in subsection (b) shall
be in addition to amounts otherwise available for that activity for that
fiscal year.
(e) Limitations. -- (1) Of funds made available under this section
for any fiscal year --
(A) not more than $7,000,000 may be used to purchase items with a
unit cost in excess of $15,000;
(B) not more than $1,000,000 may be used to pay for any expenses of
foreign countries participating in joint exercises as authorized by
subsection (b)(5); and
(C) not more than $2,000,000 may be used to provide military
education and training (including transportation, translation, and
administrative expenses) to military and related civilian personnel of
foreign countries as authorized by subsection (b)(7).
(2) Funds may not be provided under this section for any activity
that has been denied authorization by Congress.
(f) Inclusion of NORAD. -- For purposes of this section, the
Commander, United States Element, North American Aerospace Defense
Command shall be considered to be a commander of a combatant command.
(Added Pub. L. 102-190, div. A, title IX, 902(a), Dec. 5, 1991, 105
Stat. 1450; amended Pub. L. 102-396, title IX, 9128, Oct. 6, 1992, 106
Stat. 1935; Pub. L. 102-484, div. A, title IX, 934, Oct. 23, 1992,
106 Stat. 2477.)
1992 -- Subsec. (a). Pub. L. 102-484, 934(a), which directed
substitution of ''funds to the commander of a combatant command, upon
the request of the commander, or, with respect to a geographic area or
areas not within the area of responsibility of a commander of a
combatant command, to an officer designated by the Chairman of the Joint
Chiefs of Staff for such purpose.'' for ''funds, upon request,'' and all
that follows through the period, could not be executed because the words
did not appear subsequent to the amendment by Pub. L. 102-396,
9128(a). See below.
Pub. L. 102-396, 9128(a), substituted ''funds to the commander of a
combatant command, upon the request of the commander, or to the Director
of the Joint Staff with respect to an area or areas not within the area
of responsibility of a commander of a combatant command.'' for ''funds,
upon request, to the commanders of the combatant commands.''
Subsec. (b)(7). Pub. L. 102-396, 9128(b), and Pub. L. 102-484,
934(b), amended par. (7) identically, inserting before period at end
''(including transportation, translation, and administrative
expenses)''.
Subsec. (c). Pub. L. 102-484, 934(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ''The
Chairman of the Joint Chiefs of Staff, in considering requests for funds
in the CINC Initiative Fund, should give priority consideration to
requests for funds to be used for activities that would enhance the war
fighting capability, readiness, and sustainability of the forces
assigned to the commander requesting the funds (c) Priority. -- The
Chairman of the Joint Chiefs of Staff, in considering requests for funds
in the CINC Initiative Fund or the provision of funds to the Director of
the Joint Staff under subsection (a), should give priority consideration
to --
''(1) requests for funds to be used for activities that would enhance
the war fighting capability, readiness, and sustainability of the forces
assigned to the commander requesting the funds; and
''(2) the provision of funds to be used for activities with respect
to an area or areas not within the area of responsibility of a commander
of a combatant command that would reduce the threat to, or otherwise
increase, the national security of the United States..(sic)''
Pub. L. 102-396, 9128(c), inserted before period at end ''(c)
Priority. -- The Chairman of the Joint Chiefs of Staff, in considering
requests for funds in the CINC Initiative Fund or the provision of funds
to the Director of the Joint Staff under subsection (a), should give
priority consideration to --
''(1) requests for funds to be used for activities that would enhance
the war fighting capability, readiness, and sustainability of the forces
assigned to the commander requesting the funds; and
''(2) the provision of funds to be used for activities with respect
to an area or areas not within the area of responsibility of a commander
of a combatant command that would reduce the threat to, or otherwise
increase, the national security of the United States.''
Subsec. (e)(1)(C). Pub. L. 102-484, 934(d), amended subpar. (C)
generally. Prior to amendment, subsec. (C) read as follows: ''not
more than $5,000,000 may be used to provide military education and
training (including transportation, translation, and administrative
expenses) to military and related civilian personnel of foreign
countries as authorized by subsection (b)(7).''
Pub. L. 102-396, 9128(d), amended subpar. (C) generally. Prior to
amendment, subpar. (C) read as follows: ''not more than $500,000 may
be used to provide military education and training to military and
related civilian personnel of foreign countries as authorized by
subsection (b)(7).''
/1/ See 1992 Amendment note below.
10 USC 167. Unified combatant command for special operations forces
TITLE 10 -- ARMED FORCES
(a) Establishment. -- With the advice and assistance of the Chairman
of the Joint Chiefs of Staff, the President, through the Secretary of
Defense, shall establish under section 161 of this title a unified
combatant command for special operations forces (hereinafter in this
section referred to as the ''special operations command''). The
principal function of the command is to prepare special operations
forces to carry out assigned missions.
(b) Assignment of Forces. -- Unless otherwise directed by the
Secretary of Defense, all active and reserve special operations forces
of the armed forces stationed in the United States shall be assigned to
the special operations command.
(c) Grade of Commander. -- The commander of the special operations
command shall hold the grade of general or, in the case of an officer of
the Navy, admiral while serving in that position, without vacating his
permanent grade. The commander of such command shall be appointed to
that grade by the President, by and with the advice and consent of the
Senate, for service in that position.
(d) Command of Activity or Mission. -- (1) Unless otherwise directed
by the President or the Secretary of Defense, a special operations
activity or mission shall be conducted under the command of the
commander of the unified combatant command in whose geographic area the
activity or mission is to be conducted.
(2) The commander of the special operations command shall exercise
command of a selected special operations mission if directed to do so by
the President or the Secretary of Defense.
(e) Authority of Combatant Commander. -- (1) In addition to the
authority prescribed in section 164(c) of this title, the commander of
the special operations command shall be responsible for, and shall have
the authority to conduct, all affairs of such command relating to
special operations activities.
(2) The commander of such command shall be responsible for, and shall
have the authority to conduct, the following functions relating to
special operations activities (whether or not relating to the special
operations command):
(A) Developing strategy, doctrine, and tactics.
(B) Preparing and submitting to the Secretary of Defense program
recommendations and budget proposals for special operations forces and
for other forces assigned to the special operations command.
(C) Exercising authority, direction, and control over the expenditure
of funds --
(i) for forces assigned to the special operations command; and
(ii) for special operations forces assigned to unified combatant
commands other than the special operations command, with respect to all
matters covered by paragraph (4) and, with respect to a matter not
covered by paragraph (4), to the extent directed by the Secretary of
Defense.
(D) Training assigned forces.
(E) Conducting specialized courses of instruction for commissioned
and noncommissioned officers.
(F) Validating requirements.
(G) Establishing priorities for requirements.
(H) Ensuring the interoperability of equipment and forces.
(I) Formulating and submitting requirements for intelligence support.
(J) Monitoring the promotions, assignments, retention, training, and
professional military education of special operations forces officers.
(3) The commander of the special operations command shall be
responsible for --
(A) ensuring the combat readiness of forces assigned to the special
operations command; and
(B) monitoring the preparedness to carry out assigned missions of
special operations forces assigned to unified combatant commands other
than the special operations command.
(4)(A) The commander of the special operations command shall be
responsible for, and shall have the authority to conduct, the following:
(i) Development and acquisition of special operations-peculiar
equipment.
(ii) Acquisition of special operations-peculiar material, supplies,
and services.
(B) Subject to the authority, direction, and control of the Secretary
of Defense, the commander of the command, in carrying out his functions
under subparagraph (A), shall have authority to exercise the functions
of the head of an agency under chapter 137 of this title.
(C) The staff of the commander shall include an inspector general who
shall conduct internal audits and inspections of purchasing and
contracting actions through the special operations command and such
other inspector general functions as may be assigned.
(f) Budget. -- In addition to the activities of a combatant command
for which funding may be requested under section 166(b) of this title,
the budget proposal of the special operations command shall include
requests for funding for --
(1) development and acquisition of special operations-peculiar
equipment; and
(2) acquisition of other material, supplies, or services that are
peculiar to special operations activities.
(g) Intelligence and Special Activities. -- This section does not
constitute authority to conduct any activity which, if carried out as an
intelligence activity by the Department of Defense, would require a
notice to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives under title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.).
(h) Regulations. -- The Secretary of Defense shall prescribe
regulations for the activities of the special operations command. Such
regulations shall include authorization for the commander of such
command to provide for operational security of special operations forces
and activities.
(i) Identification of Special Operations Forces. -- (1) Subject to
paragraph (2), for the purposes of this section special operations
forces are those forces of the armed forces that --
(A) are identified as core forces or as augmenting forces in the
Joint Chiefs of Staff Joint Strategic Capabilities Plan, Annex E, dated
December 17, 1985;
(B) are described in the Terms of Reference and Conceptual Operations
Plan for the Joint Special Operations Command, as in effect on April 1,
1986; or
(C) are designated as special operations forces by the Secretary of
Defense.
(2) The Secretary of Defense, after consulting with the Chairman of
the Joint Chiefs of Staff and the commander of the special operations
command, may direct that any force included within the description in
paragraph (1)(A) or (1)(B) shall not be considered as a special
operations force for the purposes of this section.
(j) Special Operations Activities. -- For purposes of this section,
special operations activities include each of the following insofar as
it relates to special operations:
(1) Direct action.
(2) Strategic reconnaissance.
(3) Unconventional warfare.
(4) Foreign internal defense.
(5) Civil affairs.
(6) Psychological operations.
(7) Counterterrorism.
(8) Humanitarian assistance.
(9) Theater search and rescue.
(10) Such other activities as may be specified by the President or
the Secretary of Defense.
(Added Pub. L. 99-500, 101(c) (title IX, 9115(b)(1)), Oct. 18,
1986, 100 Stat. 1783-82, 1783-122, and Pub. L. 99-591, 101(c) (title
IX, 9115(b)(1)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-122; Pub. L.
99-661, div. A, title XIII, 1311(b)(1), Nov. 14, 1986, 100 Stat. 3983;
amended Pub. L. 100-180, div. A, title XII, 1211(d), Dec. 4, 1987, 101
Stat. 1156; Pub. L. 100-456, div. A, title VII, 712, Sept. 29, 1988,
102 Stat. 1997; Pub. L. 102-88, title VI, 602(c)(3), Aug. 14, 1991,
105 Stat. 444.)
The National Security Act of 1947, referred to in subsec. (g), is
act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of the
Act is classified generally to subchapter III ( 413 et seq.) of chapter
15 of Title 50, War and National Defense. For complete classification
of this Act to the Code, see Short Title note set out under section 401
of Title 50 and Tables.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Pub. L. 99-661 and Pub. L. 99-500 added identical sections.
1991 -- Subsec. (g). Pub. L. 102-88 substituted ''would require a
notice'' for ''would require --
''(1) a finding under section 662 of the Foreign Assistance Act of
1961 (22 U.S.C. 2422); or
''(2) a notice'' and ''title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.)'' for ''section 501(a)(1) of the National
Security Act of 1947 (50 U.S.C. 413)''.
1988 -- Subsec. (e). Pub. L. 100-456 revised and restated subsec.
(e). Prior to amendment, subsec. (e) read as follows:
''(1) In addition to the authority prescribed in section 164(c) of
this title, the commander of the special operations command shall be
responsible for, and shall have the authority to conduct, all affairs of
such command relating to special operations activities, including the
following functions:
''(A) Developing strategy, doctrine, and tactics.
''(B) Training assigned forces.
''(C) Conducting specialized courses of instruction for commissioned
and noncommissioned officers.
''(D) Validating requirements.
''(E) Establishing priorities for requirements.
''(F) Ensuring combat readiness.
''(G) Developing and acquiring special operations-peculiar equipment
and acquiring special operations-peculiar material, supplies, and
services.
''(H) Ensuring the interoperability of equipment and forces.
''(I) Formulating and submitting requirements for intelligence
support.
''(J) Monitoring the promotions, assignments, retention, training,
and professional military education of special operations forces
officers.
''(2) The commander of such command shall be responsible for
monitoring the preparedness of special operations forces assigned to
other unified combatant commands to carry out assigned missions.
''(3) Subject to the authority, direction, and control of the
Secretary of Defense, the commander of the command, in carrying out his
functions under paragraph (1)(G), shall have authority to exercise the
functions of the head of an agency under chapter 137 of this title. The
staff of the commander shall include an inspector general who shall
conduct internal audits and inspections of purchasing and contracting
actions through the special operations command and such other inspector
general functions as may be assigned.''
1987 -- Subsec. (e)(3). Pub. L. 100-180 added par. (3).
Section 101(c) ( 9115(i)) of Pub. L. 99-500 and Pub. L. 99-591, and
section 1311(i) of Pub. L. 99-661, provided that: ''Section 167 of
title 10, United States Code (as added by subsection (b)), shall be
implemented not later than 180 days after the date of the enactment of
this Act (Oct. 18, 1986).''
Pub. L. 102-484, div. A, title IX, 936(a), (b), Oct. 23, 1992, 106
Stat. 2479, provided that:
''(a) Grade for Certain Regional SOF Commanders. -- During the period
beginning on February 1, 1993, and ending on February 1, 1995, the
provisions of section 1311(e) of the National Defense Authorization Act
for Fiscal Year 1987 (Pub. L. 99-661) (10 U.S.C. 167 note) shall apply
as if the Secretary of Defense had designated the United States Southern
Command and the United States Central Command for the purposes of that
section.
''(b) Report. -- Not later than March 1, 1994, the Secretary of
Defense shall submit to Congress a report setting forth the Secretary's
recommendations for the grade structure for the special operations
forces component commander for each unified command, particularly as to
whether each such commander should be of general or flag officer
grade.''
Section 1211(b) of Pub. L. 100-180 provided that: ''The Secretary
of Defense shall provide sufficient resources for the commander of the
unified combatant command for special operations forces established
pursuant to section 167 of title 10, United States Code, to carry out
his duties and responsibilities, including particularly his duties and
responsibilities relating to the following functions:
''(1) Developing and acquiring special operations-peculiar equipment
and acquiring special operations-peculiar material, supplies, and
services.
''(2) Providing advice and assistance to the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict in the
Assistant Secretary's overall supervision of the preparation and
justification of the program recommendations and budget proposals for
special operations forces.
''(3) Managing assigned resources from the major force program
category for special operations forces of the Five-Year Defense Plan of
the Department of Defense (as required to be created pursuant to
subsection (e)).''
Section 1211(e) of Pub. L. 100-180 provided that:
''(1) The major force program category for special operations forces
of the Five-Year Defense Plan of the Department of Defense, to be
created pursuant to section 1311(c) of the National Defense
Authorization Act for Fiscal Year 1987 (Public Law 99-661) (set out
below), shall be created not later than 30 days after the date of the
enactment of this Act (Dec. 4, 1987).
''(2) On the date that such major force program category is created,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives --
''(A) a certification that all program recommendations and budget
proposals for special operations forces are included in such category;
and
''(B) a report explaining the program recommendations and budget
proposals that have been included in such category.''
Execution; Grade for Commanders of Certain Area
Special Operations Commands
Section 1311(c)-(e) of Pub. L. 99-661 provided that:
''(c) Major Force Program Category. -- The Secretary of Defense shall
create for the special operations forces a major force program category
for the Five-Year Defense Plan of the Department of Defense. The
Assistant Secretary of Defense for Special Operations and Low Intensity
Conflict, with the advice and assistance of the commander of the special
operations command, shall provide overall supervision of the preparation
and justification of program recommendations and budget proposals to be
included in such major force program category.
''(d) Program and Budget Execution. -- To the extent that there is
authority to revise programs and budgets approved by Congress for
special operations forces, such authority may be exercised only by the
Secretary of Defense, after consulting with the commander of the special
operations command.
''(e) Grade for Commanders of Certain Area Special Operations
Commands. -- The commander of the special operations command of the
United States European Command, the United States Pacific Command, and
any other unified combatant command that the Secretary of Defense may
designate for the purposes of this section shall be of general or flag
officer grade.''
(Identical provisions were contained in section 101(c) ( 9115(c)-(e))
of Pub. L. 99-500 and Pub. L. 99-591, which was repealed by Pub. L.
102-484, div. A, title IX, 936(c), Oct. 23, 1992, 106 Stat. 2479.)
Section 101(c) ( 9115(h)(2)) of Pub. L. 99-500 and Pub. L. 99-591,
and section 1311(h)(2) of Pub. L. 99-661, required President, not later
than one year after Oct. 1, 1986, to transmit to Congress a report on
capabilities of United States to conduct special operations and engage
in low intensity conflicts, the report to include a description of
deficiencies in such capabilities, actions being taken throughout
executive branch to correct such deficiencies, the principal low
intensity conflict threats to interests of United States, and the
actions taken and to be taken to implement this section.
10 USC CHAPTER 7 -- BOARDS, COUNCILS, AND COMMITTEES
TITLE 10 -- ARMED FORCES
Sec.
171. Armed Forces Policy Council.
172. Ammunition storage board.
173. Advisory personnel.
174. Advisory personnel: research and development.
175. Reserve Forces Policy Board.
176. Armed Forces Institute of Pathology.
177. American Registry of Pathology.
178. The Henry M. Jackson Foundation for the Advancement of
Military Medicine.
179. Nuclear Weapons Council.
180. Service academy athletic programs: review board.
1991 -- Pub. L. 102-190, div. A, title V, 513(b), Dec. 5, 1991,
105 Stat. 1361, added item 180.
1986 -- Pub. L. 99-661, div. C, title I, 3137(a)(2), Nov. 14,
1986, 100 Stat. 4066, added item 179.
1983 -- Pub. L. 98-132, 2(a)(2), Oct. 17, 1983, 97 Stat. 849,
inserted ''The Henry M. Jackson'' before ''Foundation'' in item 178.
Pub. L. 98-36, 2(b), May 27, 1983, 97 Stat. 201, added item 178.
1976 -- Pub. L. 94-361, title VIII, 811(c), July 14, 1976, 90 Stat.
936, added items 176 and 177.
10 USC 171. Armed Forces Policy Council
TITLE 10 -- ARMED FORCES
(a) There is in the Department of Defense an Armed Forces Policy
Council consisting of --
(1) the Secretary of Defense, as Chairman, with the power of
decision;
(2) the Deputy Secretary of Defense;
(3) the Under Secretary of Defense for Acquisition;
(4) the Secretary of the Army;
(5) the Secretary of the Navy;
(6) the Secretary of the Air Force;
(7) the Under Secretary of Defense for Policy;
(8) the Deputy Under Secretary of Defense for Acquisition;
(9) the Chairman of the Joint Chiefs of Staff;
(10) the Chief of Staff of the Army;
(11) the Chief of Naval Operations;
(12) the Chief of Staff of the Air Force; and
(13) the Commandant of the Marine Corps.
(b) The Armed Forces Policy Council shall advise the Secretary of
Defense on matters of broad policy relating to the armed forces and
shall consider and report on such other matters as the Secretary of
Defense may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 8; Aug. 6, 1958, Pub. L.
85-599, 9(c), 72 Stat. 521; Oct. 27, 1972, Pub. L. 92-596, 5, 86
Stat. 1318; Oct. 21, 1977, Pub. L. 95-140, 3(b), 91 Stat. 1173; Sept.
24, 1983, Pub. L. 98-94, title XII, 1213, 97 Stat. 687; Oct. 18,
1986, Pub. L. 99-500, 101(c) (title X, 903(e)), 100 Stat. 1783-82,
1783-133, and Oct. 30, 1986, Pub. L. 99-591, 101(c) (title X, 903(e)),
100 Stat. 3341-82, 3341-133; Nov. 14, 1986, Pub. L. 99-661, div. A,
title IX, formerly title IV, 903(e), 100 Stat. 3912, renumbered title
IX, Apr. 21, 1987, Pub. L. 100-26, 3(5), 101 Stat. 273.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
1986 -- Subsec. (a)(3) to (13) Pub. L. 99-500, Pub. L. 99-591, and
Pub. L. 99-661 amended subsec. (a) identically, redesignating pars.
(3) to (11) as (4), (5), (6), (7), (9), (10), (11), (12), and (13),
respectively, adding new pars. (3) and (8), and substituting ''the
Under Secretary of Defense for Acquisition'' for ''the Under Secretaries
of Defense'' in par. (7).
1983 -- Subsec. (a)(11). Pub. L. 98-94 added par. (11).
1977 -- Subsec. (a)(2). Pub. L. 95-140, 3(b)(1), substituted ''the
Deputy'' for ''a Deputy''.
Subsec. (a)(6). Pub. L. 95-140, 3(b)(2), substituted ''the Under
Secretaries of Defense;'' for ''the Director of Defense Research and
Engineering;''.
1972 -- Subsec. (a)(2). Pub. L. 92-596 substituted ''a Deputy
Secretary'' for ''the Deputy Secretary''.
1958 -- Subsec. (a)(6) to (10). Pub. L. 85-599 added par. (6) and
redesignated former pars. (6) to (9) as (7) to (10), respectively.
Pub. L. 98-36, 1, May 27, 1983, 97 Stat. 200, provided: ''That
this Act (enacting section 178 of this title and amending section 2113
of this title) may be cited as the 'Foundation for the Advancement of
Military Medicine Act of 1983'.''
10 USC 172. Ammunition storage board
TITLE 10 -- ARMED FORCES
(a) The Secretaries of the military departments, acting through a
joint board of officers selected by them, shall keep informed on stored
supplies of ammunition and components thereof for use of the Army, Navy,
Air Force, and Marine Corps, with particular regard to keeping those
supplies properly dispersed and stored and to preventing hazardous
conditions from arising to endanger life and property inside or outside
of storage reservations.
(b) The board shall confer with and advise the Secretaries of the
military departments in carrying out the recommendations in House
Document No. 199 of the Seventieth Congress.
(Aug. 10, 1956, ch. 1041, 70A Stat. 8.)
In subsection (a), the words ''informed on stored'' are substituted
for the words ''advised of storage''. The words ''particular regard''
are substituted for the words ''special reference''. The words ''inside
or outside of'' are substituted for the words ''within or without''.
The word ''selected'' is substituted for the word ''appointed'', since
the filling of the position involved is not appointment to an office in
the constitutional sense.
In subsection (b), the words ''in carrying out'' are substituted for
the words ''in the execution of''.
10 USC 173. Advisory personnel
TITLE 10 -- ARMED FORCES
(a) The Secretary of Defense may establish such advisory committees
and employ such part-time advisers as he considers necessary for the
performance of his functions and those of the agencies under his
control.
(b) A person who serves as a member of a committee may not be paid
for that service while holding another position or office under the
United States for which he receives compensation. Other members and
part-time advisers may serve without compensation or may be paid not
more than $50 for each day of service, as the Secretary determines.
(Aug. 10, 1956, ch. 1041, 70A Stat. 8; Nov. 2, 1966, Pub. L.
89-718, 2, 80 Stat. 1115.)
In subsection (a), the words ''consistent with other provisions of
sections 171-171n, 172-172j, 181-1, 181-2, 411a, 411b, and 626-626d of
this title and sections 401-405 of Title 50'' are omitted as surplusage.
The word ''establish'' is substituted for the word ''appoint'', since
the filling of the position involved is not appointment to an office in
the constitutional sense.
In subsection (b), the word ''Secretary'' is substituted for the
words ''appointing authority''.
In subsection (c), the words ''as a part-time adviser'' are
substituted for the words ''in any other part-time capacity for a
department or agency'' to conform to subsections (a) and (b).
1966 -- Subsec. (c). Pub. L. 89-718 repealed subsec. (c) which
provided that sections 281, 283, and 284 of title 18 did not apply to a
person because of his service on a committee or as a part-time advisor
under subsec. (a) of this section unless the unlawful act related to a
matter directly involving a department or agency which he was advising
or to a matter in which that department or agency was directly
interested.
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
10 USC 174. Advisory personnel: research and development
TITLE 10 -- ARMED FORCES
(a) The Secretary of each military department may establish such
advisory committees and panels as are necessary for the research and
development activities of his department and may employ such part-time
advisers as he considers necessary to carry out those activities.
(b) A person who serves as a member of such a committee or panel may
not be paid for that service while holding another position or office
under the United States for which he receives compensation. Other
members and part-time advisers may serve without compensation or may be
paid not more than $50 for each day of service, as the Secretary
concerned determines.
(c) The Secretary concerned may delegate any authority under this
section to --
(1) the Under Secretary of his department;
(2) an Assistant Secretary of his department; or
(3) the chief, and one assistant to the chief, of any technical
service, bureau, or office.
(Aug. 10, 1956, ch. 1041, 70A Stat. 9.)
In subsection (a), the words ''the conduct of'' are omitted as
surplusage.
In subsection (b), the words ''or panel'' are inserted for clarity.
The words ''Secretary concerned'' are substituted for the words
''appointing authority''.
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
10 USC 175. Reserve Forces Policy Board
TITLE 10 -- ARMED FORCES
(a) There is in the Office of the Secretary of Defense a Reserve
Forces Policy Board consisting of --
(1) a civilian chairman appointed by the Secretary of Defense;
(2) the Assistant Secretary of the Army for Manpower and Reserve
Affairs, the Assistant Secretary of the Navy for Manpower and Reserve
Affairs, and the Assistant Secretary of the Air Force for Manpower and
Reserve Affairs;
(3) an officer of the Regular Army designated by the Secretary of the
Army;
(4) an officer of the Regular Navy or Regular Marine Corps designated
by the Secretary of the Navy;
(5) an officer of the Regular Air Force designated by the Secretary
of the Air Force;
(6) four reserve officers designated by the Secretary of Defense upon
the recommendation of the Secretary of the Army, two of whom must be
members of the Army National Guard of the United States, and two of whom
must be members of the Army Reserve;
(7) four reserve officers designated by the Secretary of Defense upon
the recommendation of the Secretary of the Navy, two of whom must be
members of the Naval Reserve, and two of whom must be members of the
Marine Corps Reserve;
(8) four reserve officers designated by the Secretary of Defense upon
the recommendation of the Secretary of the Air Force, two of whom must
be members of the Air National Guard of the United States, and two of
whom must be members of the Air Force Reserve; and
(9) a reserve officer of the Army, Navy, Air Force, or Marine Corps
who is a general officer or flag officer designated by the Chairman of
the Board with the approval of the Secretary of Defense, and who serves
without vote as military adviser to the Chairman and as executive
officer of the Board.
(b) Whenever the Coast Guard is not operating as a service in the
Navy, the Secretary of Transportation may designate two officers of the
Coast Guard, Regular or Reserve, to serve as voting members of the
Board.
(c) The Board, acting through the Assistant Secretary of Defense for
Reserve Affairs, is the principal policy adviser to the Secretary of
Defense on matters relating to the reserve components.
(d) This section does not affect the committees on reserve policies
prescribed by section 3021, 5251, 5252, or 8021 of this title.
(e) A member of a committee or board prescribed under a section
listed in subsection (d) may, if otherwise eligible, be a member of the
Reserve Forces Policy Board.
(f) The Board shall act on those matters referred to it by the
Chairman and, in addition, on any matter raised by a member of the
Board.
(Aug. 10, 1956, ch. 1041, 70A Stat. 9; Dec. 1, 1967, Pub. L.
90-168, 2(3), (4), 81 Stat. 521; Sept. 24, 1983, Pub. L. 98-94, title
XII, 1212(b), 97 Stat. 687; Oct. 19, 1984, Pub. L. 98-525, title XIII,
1306, title XIV, 1405(4), 98 Stat. 2613, 2622; Oct. 30, 1984, Pub. L.
98-557, 21, 98 Stat. 2870; Oct. 1, 1986, Pub. L. 99-433, title V,
531(a)(1), 100 Stat. 1063.)
In subsection (a), the word ''are'' is substituted for the words ''is
established'', to make clear the continuing authority of the
organization established by the source statute. Clauses (3), (4), and
(5) are substituted for 50:1008(a)(iii) for clarity. In clauses (6),
(7), (8), and (9), the word ''designated'' is substituted for the word
''appointed'', in 50:1008(iv), (v), (vi), and (vii), to make it clear
that the positions described are not constitutional offices.
In subsection (b), the words ''Regular Coast Guard or Coast Guard
Reserve'' are substituted for the words ''Regular or Reserve * * * Coast
Guard''.
1986 -- Subsec. (d). Pub. L. 99-433 substituted ''3021'' and
''8021'' for ''3033'' and ''8033'', respectively.
1984 -- Subsec. (b). Pub. L. 98-557 substituted ''Regular or
Reserve, to serve as voting members'' for ''regular or reserve, to serve
as a voting member''.
Pub. L. 98-525, 1306, substituted ''two officers of the Coast Guard,
regular or reserve'' for ''an officer of the Regular Coast Guard or the
Coast Guard Reserve''.
Subsec. (c). Pub. L. 98-525, 1405(4), inserted a comma following
''Reserve Affairs''.
1983 -- Subsec. (c). Pub. L. 98-94 substituted ''Assistant Secretary
of Defense for Reserve Affairs'' for ''Assistant Secretary of Defense
for Manpower and Reserve Affairs''.
1967 -- Subsec. (a)(2). Pub. L. 90-168, 2(3), substituted ''the
Assistant Secretary of the Army for Manpower and Reserve Affairs, the
Assistant Secretary of the Navy for Manpower and Reserve Affairs, and
the Assistant Secretary of the Air Force for Manpower and Reserve
Affairs'' for ''the Secretary, the Under Secretary, or an Assistant
Secretary designated under section 264(b) of this title, of each of the
military departments''.
Subsec. (b). Pub. L. 90-168, 2(4), substituted ''Secretary of
Transportation'' for ''Secretary of the Treasury'' as the Secretary
empowered to designate officers to serve on the Board and substituted
''serve as a voting member'' for ''serve without vote as a member'' in
the description of the officer's service on the Board.
Subsec. (c). Pub. L. 90-168, 2(4), substituted ''Assistant Secretary
of Defense for Manpower and Reserve Affairs'' for ''Assistant Secretary
of Defense designated under section 264(a) of this title''.
Subsec. (d). Pub. L. 90-168, 2(4), inserted references to sections
5251 and 5252 of this title.
Subsec. (e). Pub. L. 90-168, 2(4), substituted ''member of a
committee or board prescribed under a section listed in subsection (d)''
for ''member of a committee under section 3033 or 8033 of this title''.
Subsec. (f). Pub. L. 90-168, 2(4), added subsec. (f).
Amendment by Pub. L. 98-94 effective Oct. 1, 1983, see section
1212(e) of Pub. L. 98-94 set out as a note under section 136 of this
title.
For effective date of amendment by Pub. L. 90-168, see section 7 of
Pub. L. 90-168, set out as a note under section 136 of this title.
Air Reserve Forces policy committee, see section 8021 of this title.
Army Reserve Forces policy committee, see section 3021 of this title.
Marine Corps Reserve Policy Board, see section 5252 of this title.
Naval Reserve Policy Board, see section 5251 of this title.
10 USC 176. Armed Forces Institute of Pathology
TITLE 10 -- ARMED FORCES
(a)(1) There is in the Department of Defense an Institute to be known
as the Armed Forces Institute of Pathology (hereinafter in this section
referred to as the ''Institute''), which has the responsibilities,
functions, authority, and relationships set forth in this section. The
Institute shall be a joint entity of the three military departments,
subject to the authority, direction, and control of the Secretary of
Defense.
(2) The Institute shall consist of a Board of Governors, a Director,
two Deputy Directors, and a staff of such professional, technical, and
clerical personnel as may be required.
(3) The Board of Governors shall consist of the Assistant Secretary
of Defense for Health Affairs, who shall serve as chairman of the Board
of Governors, the Assistant Secretary of Health and Human Services for
Health, the Surgeons General of the Army, Navy, and Air Force, the Chief
Medical Director of the Department of Veterans Affairs, and a former
Director of the Institute, as designated by the Secretary of Defense, or
the designee of any of the foregoing.
(4) The Director and the Deputy Directors shall be appointed by the
Secretary of Defense.
(b)(1) In carrying out the provisions of this section, the Institute
is authorized to --
(A) contract with the American Registry of Pathology (established
under section 177 of this title) for cooperative enterprises in medical
research, consultation, and education between the Institute and the
civilian medical profession under such conditions as may be agreed upon
between the Board of Governors and the American Registry of Pathology;
(B) make available at no cost to the American Registry of Pathology
such space, facilities, equipment, and support services within the
Institute as the Board of Governors deems necessary for the
accomplishment of their mutual cooperative enterprises; and
(C) contract with the American Registry of Pathology for the services
of such professional, technical, or clerical personnel as are necessary
to fulfill their cooperative enterprises.
(2) No contract may be entered into under paragraph (1) which
obligates the Institute to make outlays in advance of the enactment of
budget authority for such outlays.
(c) The Director is authorized, with the approval of the Board of
Governors, to enter into agreements with the American Registry of
Pathology for the services at any time of not more than six
distinguished pathologists or scientists of demonstrated ability and
experience for the purpose of enhancing the activities of the Institute
in education, consultation, and research. Such pathologists or
scientists may be appointed by the Director to administrative positions
within the components or subcomponents of the Institute and may be
authorized by the Director to exercise any or all professional duties
within the Institute, notwithstanding any other provision of law.
(d) The Secretary of Defense shall promulgate such regulations as may
be necessary to prescribe the organization, functions, and
responsibilities of the Institute.
(Added Pub. L. 94-361, title VIII, 811(b), July 14, 1976, 90 Stat.
933; amended Pub. L. 96-513, title V, 511(6), Dec. 12, 1980, 94 Stat.
2920; Pub. L. 101-189, div. A, title XVI, 1621(a)(1), Nov. 29, 1989,
103 Stat. 1602.)
1989 -- Subsec. (a)(3). Pub. L. 101-189 substituted ''Department of
Veterans Affairs'' for ''Veterans' Administration''.
1980 -- Subsec. (a)(3). Pub. L. 96-513, 511(6)(A), substituted
''Secretary of Health and Human Services'' for ''Secretary of Health,
Education, and Welfare''.
Subsec. (b)(1)(A). Pub. L. 96-513, 511(6)(B), inserted ''of this
title'' after ''177''.
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.
Section 811(a) of Pub. L. 94-361 provided that:
''(1) The Congress hereby finds and declares that --
''(A) the Armed Forces Institute of Pathology offers unique
pathologic support to national and international medicine;
''(B) the Institute contains the Nation's most comprehensive
collection of pathologic specimens for study and a staff of prestigious
pathologists engaged in consultation, education, and research;
''(C) the activities of the Institute are of unique and vital
importance in support of the health care of the Armed Forces of the
United States;
''(D) the activities of the Institute are also of unique and vital
importance in support of the civilian health care system of the United
States;
''(E) the Institute provides an important focus for the exchange of
information between civilian and military medicine, to the benefit of
both; and
''(F) it is important to the health of the American people and of the
members of the Armed Forces of the United States that the Institute
continue its activities in serving both the military and civilian
sectors in education, consultation, and research in the medical, dental,
and veterinary sciences.
''(2) The Congress further finds and declares that beneficial
cooperative efforts between private individuals, professional societies,
and other entities on the one hand and the Armed Forces Institute of
Pathology on the other can be carried out most effectively through the
establishment of a private corporation.''
10 USC 177. American Registry of Pathology
TITLE 10 -- ARMED FORCES
(a)(1) There is authorized to be established a nonprofit corporation
to be known as the American Registry of Pathology which shall not for
any purpose be an agency or establishment of the United States
Government. The American Registry of Pathology shall be subject to the
provisions of this section and, to the extent not inconsistent with this
section, to the District of Columbia Nonprofit Corporation Act (D.C.
Code, sec. 29-501 et seq.).
(2) The American Registry of Pathology shall have a Board of Members
(hereinafter in this section referred to as the ''Board'') consisting of
not less than eleven individuals who are representatives of those
professional societies and organizations which sponsor individual
registries of pathology at the Armed Forces Institute of Pathology, of
whom one shall be elected annually by the Board to serve as chairman.
Each such sponsor shall appoint one member to the Board for a term of
four years.
(3) The American Registry of Pathology shall have a Director, who
shall be appointed by the Board with the concurrence of the Director of
the Armed Forces Institute of Pathology, and such other officers as may
be named and appointed by the Board. Such officers shall be compensated
at rates fixed by the Board and shall serve at the pleasure of the
Board.
(4) The members of the initial Board shall serve as incorporators and
shall take whatever actions are necessary to establish under the
District of Columbia Nonprofit Corporation Act the corporation
authorized by paragraph (1).
(5) The term of office of each member of the Board shall be four
years, except that (A) any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such term, (B) the
terms of office of members first taking office shall begin on the date
of incorporation and shall expire, as designated at the time of their
appointment and to the maximum extent practicable, one fourth at the end
of one year, one fourth at the end of two years, one fourth at the end
of three years, and one fourth at the end of four years, and (C) a
member whose term has expired may serve until his successor has
qualified. No member shall be eligible to serve more than two
consecutive terms of four years each.
(6) Any vacancy in the Board shall not affect its powers, but such
vacancy shall be filled in the manner in which the original appointment
was made.
(b) In order to carry out the purposes of this section, the American
Registry of Pathology is authorized to --
(1) enter into contracts with the Armed Forces Institute of Pathology
for the provision of such services and personnel as may be necessary to
carry out their cooperative enterprises;
(2) enter into contracts with public and private organizations for
the writing, editing, printing, and publishing of fascicles of tumor
pathology, atlases, and other material;
(3) accept gifts and grants from and enter into contracts with
individuals, private foundations, professional societies, institutions,
and governmental agencies;
(4) enter into agreements with professional societies for the
establishment and maintenance of Registries of Pathology; and
(5) serve as a focus for the interchange between military and
civilian pathology and encourage the participation of medical, dental,
and veterinary sciences in pathology for the mutual benefit of military
and civilian medicine.
(c) In the performance of the functions set forth in subsection (b),
the American Registry of Pathology is authorized to --
(1) enter into such other contracts, leases, cooperative agreements,
or other transactions as the Board deems appropriate to conduct the
activities of the American Registry of Pathology; and
(2) charge such fees for professional services as the Board deems
reasonable and appropriate.
(d) The American Registry of Pathology may transmit to the Director
and the Board of Governors of the Armed Forces Institute of Pathology
and to the sponsors referred to in subsection (a)(2) annually, and at
such other times as it deems desirable, a comprehensive and detailed
report of its operations, activities, and accomplishments.
(Added Pub. L. 94-361, title VIII, 811(b), July 14, 1976, 90 Stat.
934; amended Pub. L. 98-525, title XIV, 1405(5), Oct. 19, 1984, 98
Stat. 2622.)
The District of Columbia Nonprofit Corporation Act, referred to in
subsec. (a)(1), (4), is Pub. L. 87-569, Aug. 6, 1962, 76 Stat. 265,
as amended, which appears in chapter 5 ( 29-501 et seq.) of Title 29,
Corporations, of the District of Columbia Code.
1984 -- Subsec. (a)(1). Pub. L. 98-525 substituted ''sec. 29-501''
for ''sec. 29-1001''.
10 USC 178. The Henry M. Jackson Foundation for the Advancement of
Military Medicine
TITLE 10 -- ARMED FORCES
(a) There is authorized to be established a nonprofit corporation to
be known as the Henry M. Jackson Foundation for the Advancement of
Military Medicine (hereinafter in this section referred to as the
''Foundation'') which shall not for any purpose be an agency or
instrumentality of the United States Government. The Foundation shall
be subject to the provisions of this section and, to the extent not
inconsistent with this section, the Corporations and Associations
Articles of the State of Maryland.
(b) It shall be the purpose of the Foundation (1) to carry out
medical research and education projects under cooperative arrangements
with the Uniformed Services University of the Health Sciences, (2) to
serve as a focus for the interchange between military and civilian
medical personnel, and (3) to encourage the participation of the
medical, dental, nursing, veterinary, and other biomedical sciences in
the work of the Foundation for the mutual benefit of military and
civilian medicine.
(c)(1) The Foundation shall have a Council of Directors (hereinafter
in this section referred to as the ''Council'') composed of --
(A) the Chairmen and ranking minority members of the Committees on
Armed Services of the Senate and the House of Representatives (or their
designees from the membership of such committees), who shall be ex
officio members,
(B) the Dean of the Uniformed Services University of the Health
Sciences, who shall be an ex officio member, and
(C) four members appointed by the ex officio members of the Council
designated in clauses (A) and (B).
(2) The term of office of each member of the Council appointed under
clause (C) of paragraph (1) shall be four years, except that --
(A) any person appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was appointed shall be
appointed for the remainder of such term; and
(B) the terms of office of members first taking office shall expire,
as designated by the ex officio members of the Council at the time of
the appointment, two at the end of two years and two at the end of four
years.
(3) The Council shall elect a chairman from among its members.
(d)(1) The Foundation shall have an Executive Director who shall be
appointed by the Council and shall serve at the pleasure of the Council.
The Executive Director shall be responsible for the day-to-day
operations of the Foundation and shall have such specific duties and
responsibilities as the Council shall prescribe.
(2) The rate of compensation of the Executive Director shall be fixed
by the Council.
(e) The initial members of the Council shall serve as incorporators
and take whatever actions as are necessary to establish under the
Corporations and Associations Articles of the State of Maryland the
corporation authorized by subsection (a).
(f) Any vacancy in the Council shall not affect its powers, but shall
be filled in the same manner in which the original designation or
appointment was made.
(g) In order to carry out the purposes of this section, the
Foundation is authorized to --
(1) enter into contracts with, accept grants from, and make grants to
the Uniformed Services University of the Health Sciences for the purpose
of carrying out cooperative enterprises in medical research, medical
consultation, and medical education, including contracts for provision
of such personnel and services as may be necessary to carry out such
cooperative enterprises;
(2) enter into contracts with public and private organizations for
the writing, editing, printing, and publishing of books and other
material;
(3) take such action as may be necessary to obtain patents and
licenses for devices and procedures developed by the Foundation and its
employees;
(4) accept, hold, administer, invest, and spend any gift, devise, or
bequest of real or personal property made to the Foundation;
(5) enter into contracts with individuals, public or private
organizations, professional societies, and government agencies for the
purpose of carrying out the functions of the Foundation;
(6) enter into such other contracts, leases, cooperative agreements,
and other transactions as the Executive Director considers appropriate
to conduct the activities of the Foundation; and
(7) charge such fees for professional services furnished by the
Foundation as the Executive Director determines reasonable and
appropriate.
(h) A person who is a full-time or part-time employee of the
Foundation may not be an employee (full-time or part-time) of the
Federal Government.
(i) The Council shall transmit to the President annually, and at such
other times as the Council considers desirable, a report on the
operations, activities, and accomplishments of the Foundation.
(Added Pub. L. 98-36, 2(a), May 27, 1983, 97 Stat. 200; amended
Pub. L. 98-132, 2(a)(1), Oct. 17, 1983, 97 Stat. 849; Pub. L.
101-189, div. A, title VII, 726(b)(2), Nov. 29, 1989, 103 Stat. 1480.)
1989 -- Subsec. (g)(1). Pub. L. 101-189 inserted '', accept grants
from, and make grants to'' after ''contracts with''.
1983 -- Pub. L. 98-132, 2(a)(1)(A), inserted ''The Henry M.
Jackson'' before ''Foundation'' in section catchline.
Subsec. (a). Pub. L. 98-132, 2(a)(1)(B), inserted ''Henry M.
Jackson''.
Advancement of Military Medicine''
Section 1 of Pub. L. 98-132 provided: ''That (a) the Foundation for
the Advancement of Military Medicine established pursuant to section 178
of title 10, United States Code, shall be designated and hereafter known
as the 'Henry M. Jackson Foundation for the Advancement of Military
Medicine', in honor of the late Henry M. Jackson, United States Senator
from the State of Washington. Any reference to the Foundation for the
Advancement of Military Medicine in any law, regulation, document,
record, or other paper of the United States shall be held and considered
to be a reference to the 'Henry M. Jackson Foundation for the
Advancement of Military Medicine'.
''(b) The Council of Directors referred to in subsection (c) of
section 178 of such title shall take such action as is necessary under
the Corporations and Associations Articles of the State of Maryland to
amend the corporate name of the Foundation for the Advancement of
Military Medicine established under such section to reflect the
designation made by the first sentence of subsection (a).''
10 USC 179. Nuclear Weapons Council
TITLE 10 -- ARMED FORCES
(a) There is a Joint Nuclear Weapons Council (hereinafter in this
section referred to as the ''Council'') composed of three members as
follows:
(1) The Under Secretary of Defense for Acquisition.
(2) The Vice Chairman of the Joint Chiefs of Staff.
(3) One senior representative of the Department of Energy appointed
by the Secretary of Energy.
(b)(1) Except as provided in paragraph (2), the Chairman of the
Council shall be the member appointed under subsection (a)(1).
(2) A meeting of the Council shall be chaired by the representative
appointed under subsection (a)(3) whenever the matter under
consideration is within the primary responsibility or concern of the
Department of Energy, as determined by majority vote of the Council.
(c)(1) The Secretary of Defense and the Secretary of Energy shall
enter into an agreement with the Council to furnish necessary staff and
administrative services to the Council.
(2) The Assistant to the Secretary of Defense for Atomic Energy shall
be the Staff Director of the Council.
(d) The Council shall be responsible for the following matters:
(1) Preparing the annual Nuclear Weapons Stockpile Memorandum.
(2) Developing nuclear weapons stockpiles options and the costs of
such options.
(3) Coordinating programming and budget matters pertaining to nuclear
weapons programs between the Department of Defense and the Department of
Energy.
(4) Identifying various options for cost-effective schedules for
nuclear weapons production.
(5) Considering safety, security, and control issues for existing
weapons and for proposed new weapon program starts.
(6) Ensuring that adequate consideration is given to design,
performance, and cost tradeoffs for all proposed new nuclear weapons
programs.
(7) Providing broad guidance regarding priorities for research on
nuclear weapons.
(8) Preparing comments on annual proposals for budget levels for
research on nuclear weapons and transmitting those comments to the
Secretary of Defense and the Secretary of Energy before the preparation
of the annual budget requests by the Secretaries of those departments.
(9) Providing --
(A) broad guidance regarding priorities for research on improved
conventional weapons, and
(B) comments on annual proposals for budget levels for research on
improved conventional weapons,
and transmitting such guidance and comments to the Secretary of
Defense before the preparation of the annual budget request of the
Department of Defense.
(Added Pub. L. 99-661, div. C, title I, 3137(a)(1), Nov. 14, 1986,
100 Stat. 4065; amended Pub. L. 100-180, div. A, title XII, 1231(2),
Dec. 4, 1987, 101 Stat. 1160; Pub. L. 100-456, div. A, title XII,
1233(h), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 102-484, div. C, title
XXXI, 3133, Oct. 23, 1992, 106 Stat. 2639.)
1992 -- Subsec. (a)(1). Pub. L. 102-484 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''The Director of
Defense Research and Engineering.''
1988 -- Subsec. (e). Pub. L. 100-456 struck out subsec. (e) which
read as follows: ''The Council shall submit to the Committees on Armed
Services and on Appropriations of the Senate and House of
Representatives a report on the actions that have been taken by the
Department of Defense and the Department of Energy to implement the
recommendations of the President's Blue Ribbon Task Group on Nuclear
Weapons Program Management. The Council shall include in such report
its recommendation on the role and composition of the staff on the
Council. The Council shall submit such report to the Committees not
later than March 1, 1987.''
1987 -- Subsec. (e). Pub. L. 100-180 realigned margins of subsec.
(e).
Section 3137(b) of Pub. L. 99-661 provided that: ''If on the date
of the enactment of this section (Nov. 14, 1986) the position of Vice
Chairman of the Joint Chiefs of Staff, or comparable position, has not
been established by law, the Chairman of the Joint Chiefs of Staff shall
be a member of the Nuclear Weapons Council established by section 179 of
title 10, United States Code, as added by subsection (a). If the
position of Vice Chairman of the Joint Chiefs of Staff (or comparable
position) is established by law after the date of the enactment of this
section, the Chairman of the Joint Chiefs of Staff shall remain a member
of such Council only until an individual has been appointed Vice
Chairman of the Joint Chiefs of Staff.''
10 USC 180. Service academy athletic programs: review board
TITLE 10 -- ARMED FORCES
(a) Independent Review Board. -- The Secretary of Defense shall
appoint a board to review the administration of the athletics programs
of the United States Military Academy, the United States Naval Academy,
and the United States Air Force Academy.
(b) Composition of Board. -- The Secretary shall appoint the members
of the board from among distinguished administrators of institutions of
higher education, members of Congress, members of the Boards of Visitors
of the academies, and other experts in collegiate athletics programs.
The Superintendents of the three academies shall be members of the
board. The Secretary shall designate one member of the board, other
than a Superintendent of an academy, as Chairman.
(c) Duties. -- The board shall, on an annual basis --
(1) review all aspects of the athletics programs of the United States
Military Academy, the United States Naval Academy, and the United States
Air Force Academy, including --
(A) the policies relating to the administration of such programs;
(B) the appropriateness of the balance between the emphasis placed by
each academy on athletics and the emphasis placed by such academy on
academic pursuits; and
(C) the extent to which all athletes in all sports are treated
equitably under the athletics program of each academy; and
(2) determine ways in which the administration of the athletics
programs at the academies can serve as models for the administration of
athletics programs at civilian institutions of higher education.
(d) Administrative Provisions. -- (1) Each member of the board who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for grade GS-18 of the General Schedule under
section 5332 of title 5, for each day (including travel time) during
which such member is engaged in the performance of the duties of the
board. Members of the board who are officers or employees of the United
States shall serve without compensation in addition to that received for
their services as officers or employees of the United States.
(2) The members of the board shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5, while
away from their homes or regular places of business in the performance
of services for the board.
(Added Pub. L. 102-190, div. A, title V, 513(a), Dec. 5, 1991, 105
Stat. 1360.)
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
10 USC CHAPTER 8 -- DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD
ACTIVITIES
TITLE 10 -- ARMED FORCES
Subchapter Sec.
I.
Common Supply and Service Activities 191
II.
Miscellaneous Defense Agency Matters 201
10 USC SUBCHAPTER I -- COMMON SUPPLY AND SERVICE ACTIVITIES
TITLE 10 -- ARMED FORCES
Sec.
191. Secretary of Defense: authority to provide for common
performance of supply or service activities.
192. Defense Agencies and Department of Defense Field Activities:
oversight by the Secretary of Defense.
193. Combat support agencies: oversight.
194. Limitations on personnel.
1986 -- Pub. L. 99-433, title III, 301(a)(2), Oct. 1, 1986, 100
Stat. 1019, inserted ''AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES'' in
chapter heading, added subchapter analysis and subchapter I analysis,
and struck out former chapter analysis consisting of item 191
''Unauthorized use of Defense Intelligence Agency name, initials, or
seal''.
1985 -- Pub. L. 99-145, title XIII, 1302(a)(2), Nov. 8, 1985, 99
Stat. 737, redesignated item 192 ''Benefits for certain employees of
the Defense Intelligence Agency'' as item 1605 and transferred it to
chapter 83 of this title.
1983 -- Pub. L. 98-215, title V, 501(b), Dec. 9, 1983, 97 Stat.
1479, added item 192.
1982 -- Pub. L. 97-269, title V, 501(a), Sept. 27, 1982, 96 Stat.
1144, added chapter 8 heading and analysis of sections for chapter 8,
consisting of a single item 191.
10 USC 191. Secretary of Defense: authority to provide for common
performance of supply or service activities
TITLE 10 -- ARMED FORCES
(a) Authority. -- Whenever the Secretary of Defense determines such
action would be more effective, economical, or efficient, the Secretary
may provide for the performance of a supply or service activity that is
common to more than one military department by a single agency of the
Department of Defense.
(b) Designation of Common Supply or Service Agency. -- Any agency of
the Department of Defense established under subsection (a) (or under the
second sentence of section 125(d) of this title (as in effect before
October 1, 1986)) for the performance of a supply or service activity
referred to in such subsection shall be designated as a Defense Agency
or a Department of Defense Field Activity.
(Added Pub. L. 99-433, title III, 301(a)(2), Oct. 1, 1986, 100 Stat.
1019; amended Pub. L. 100-26, 7(i)(1), Apr. 21, 1987, 101 Stat. 282.)
Subsection (d) of section 125 of this title, referred to in subsec.
(b), was repealed by section 301(b)(1) of Pub. L. 99-433.
A prior section 191 was renumbered section 202 of this title.
1987 -- Subsec. (b). Pub. L. 100-26 substituted ''October 1, 1986''
for ''the date of the enactment of the Goldwater-Nichols Department of
Defense Reorganization Act of 1986''.
Section 303 of Pub. L. 99-433 directed Secretary of Defense to
conduct a study of functions and organizational structure of Defense
Agencies and Department of Defense Field Activities to determine the
most effective, economical, or efficient means of providing supply or
service activities common to more than one military department, with
Secretary to submit a report to Congress not later than Oct. 1, 1987.
The report was to include a study of improved application of computer
systems to functions of Defense Agencies and Department of Defense Field
Activities, including a plan for rapid replacement, where necessary, of
existing automated data processing equipment with new equipment, and
plans to achieve reductions in total number of members of Armed Forces
and civilian employees assigned or detailed to permanent duty in Defense
Agencies and Department of Defense Field Activities (other than National
Security Agency) by 5 percent, 10 percent, and 15 percent of total
number of such members and employees projected to be assigned or
detailed to such duty on Sept. 30, 1988, together with a discussion of
implications of each such reduction and a draft of any legislation that
would be required to implement each such plan.
10 USC 192. Defense Agencies and Department of Defense Field
Activities: oversight by the Secretary of Defense
TITLE 10 -- ARMED FORCES
(a) Overall Supervision. -- (1) The Secretary of Defense shall assign
responsibility for the overall supervision of each Defense Agency and
Department of Defense Field Activity designated under section 191(b) of
this title --
(A) to a civilian officer within the Office of the Secretary of
Defense listed in section 131(b) of this title; or
(B) to the Chairman of the Joint Chiefs of Staff.
(2) An official assigned such a responsibility with respect to a
Defense Agency or Department of Defense Field Activity shall advise the
Secretary of Defense on the extent to which the program recommendations
and budget proposals of such agency or activity conform with the
requirements of the military departments and of the unified and
specified combatant commands.
(3) This subsection does not apply to the Defense Intelligence Agency
or the National Security Agency.
(b) Program and Budget Review. -- The Secretary of Defense shall
establish procedures to ensure that there is full and effective review
of the program recommendations and budget proposals of each Defense
Agency and Department of Defense Field Activity.
(c) Periodic Review. -- (1) Periodically (and not less often than
every two years), the Secretary of Defense shall review the services and
supplies provided by each Defense Agency and Department of Defense Field
Activity to ensure that --
(A) there is a continuing need for each such agency and activity;
and
(B) the provision of those services and supplies by each such agency
and activity, rather than by the military departments, is a more
effective, economical, or efficient manner of providing those services
and supplies or of meeting the requirements for combat readiness of the
armed forces.
(2) Paragraph (1) shall apply to the National Security Agency as
determined appropriate by the Secretary, in consultation with the
Director of Central Intelligence. The Secretary shall establish
procedures under which information required for review of the National
Security Agency shall be obtained.
(Added Pub. L. 99-433, title III, 301(a)(2), Oct. 1, 1986, 100 Stat.
1020.)
A prior section 192, Pub. L. 98-215, title V, 501(a), Dec. 9,
1983, 97 Stat. 1478, which related to benefits for certain personnel of
the Defense Intelligence Agency, was redesignated as section 1605 of
this title and amended by Pub. L. 99-145, title XIII, 1302(a)(1), Nov.
8, 1985, 99 Stat. 737. Provisions of prior section 192 as related to
members of the armed forces were enacted as section 431 of Title 37, Pay
and Allowances of the Uniformed Services by section 1302(b)(1) of Pub.
L. 99-145.
Section 304(a) of Pub. L. 99-433 provided that: ''The first review
under section 192(c) of title 10, United States Code (as added by
section 301(a)), shall be completed not later than two years after the
date that the report under section 303(e) (see section 303(f) of Pub. L.
99-433, set out as a note under section 191 of this title) is required
to be submitted to Congress.''
10 USC 193. Combat support agencies: oversight
TITLE 10 -- ARMED FORCES
(a) Combat Readiness. -- (1) Periodically (and not less often than
every two years), the Chairman of the Joint Chiefs of Staff shall submit
to the Secretary of Defense a report on the combat support agencies.
Each such report shall include --
(A) a determination with respect to the responsiveness and readiness
of each such agency to support operating forces in the event of a war or
threat to national security; and
(B) any recommendations that the Chairman considers appropriate.
(2) In preparing each such report, the Chairman shall review the
plans of each such agency with respect to its support of operating
forces in the event of a war or threat to national security. After
consultation with the Secretaries of the military departments and the
commanders of the unified and specified combatant commands, as
appropriate, the Chairman may, with the approval of the Secretary of
Defense, take steps to provide for any revision of those plans that the
Chairman considers appropriate.
(b) Participation in Joint Training Exercises. -- The Chairman shall
--
(1) provide for the participation of the combat support agencies in
joint training exercises to the extent necessary to ensure that those
agencies are capable of performing their support missions with respect
to a war or threat to national security; and
(2) assess the performance in joint training exercises of each such
agency and, in accordance with guidelines established by the Secretary
of Defense, take steps to provide for any change that the Chairman
considers appropriate to improve that performance.
(c) Readiness Reporting System. -- The Chairman shall develop, in
consultation with the director of each combat support agency, a uniform
system for reporting to the Secretary of Defense, the commanders of the
unified and specified combatant commands, and the Secretaries of the
military departments concerning the readiness of each such agency to
perform with respect to a war or threat to national security.
(d) Review of National Security Agency. -- (1) Subsections (a), (b),
and (c) shall apply to the National Security Agency, but only with
respect to combat support functions the Agency performs for the
Department of Defense.
(2) The Secretary, after consulting with the Director of Central
Intelligence, shall establish policies and procedures with respect to
the application of subsections (a), (b), and (c) to the National
Security Agency.
(e) Combat Support Capabilities of DIA and NSA. -- The Secretary of
Defense, in consultation with the Director of Central Intelligence,
shall develop and implement, as they may determine to be necessary,
policies and programs to correct such deficiencies as the Chairman of
the Joint Chiefs of Staff and other officials of the Department of
Defense may identify in the capabilities of the Defense Intelligence
Agency and the National Security Agency to accomplish assigned missions
in support of military combat operations.
(f) Definition of Combat Support Agency. -- In this section, the term
''combat support agency'' means any of the following Defense Agencies:
(1) The Defense Communications Agency.
(2) The Defense Intelligence Agency.
(3) The Defense Logistics Agency.
(4) The Defense Mapping Agency.
(5) Any other Defense Agency designated as a combat support agency by
the Secretary of Defense.
(Added Pub. L. 99-433, title III, 301(a)(2), Oct. 1, 1986, 100 Stat.
1020.)
Section 304(b) of Pub. L. 99-433 provided that: ''The first report
under subsection (a) of section 193 of such title (10 U.S.C. 193) (as
added by section 301(a)) shall be submitted, and subsections (b) and (c)
of such section shall be implemented, not later than one year after the
date of the enactment of this Act (Oct. 1, 1986). The Secretary of
Defense shall provide a report on the implementation of such subsections
(b) and (c) in the report of the Secretary submitted to Congress for
1988 under section 113(c) of title 10, United States Code (as
redesignated by section 101(a)).''
10 USC 194. Limitations on personnel
TITLE 10 -- ARMED FORCES
(a) Cap on Headquarters Management Personnel. -- The total number of
members of the armed forces and civilian employees assigned or detailed
to permanent duty in the management headquarters activities or
management headquarters support activities in the Defense Agencies and
Department of Defense Field Activities may not exceed the number that is
the number of such members and employees assigned or detailed to such
duty on September 30, 1989.
(b) Cap on Other Personnel. -- The total number of members of the
armed forces and civilian employees assigned or detailed to permanent
duty in the Defense Agencies and Department of Defense Field Activities,
other than members and employees assigned to management headquarters
activities or management headquarters support activities, may not exceed
the number that is the number of such members and employees assigned or
detailed to such duty on September 30, 1989.
(c) Prohibition Against Certain Actions to Exceed Limitations. -- The
limitations in subsections (a) and (b) may not be exceeded by
recategorizing or redefining duties, functions, offices, or
organizations.
(d) Exclusion of NSA. -- The National Security Agency shall be
excluded in computing and maintaining the limitations required by this
section.
(e) Waiver. -- The limitations in this section do not apply --
(1) in time of war; or
(2) during a national emergency declared by the President or
Congress.
(f) Definitions. -- In this section, the terms ''management
headquarters activities'' and ''management headquarters support
activities'' have the meanings given those terms in Department of
Defense Directive 5100.73, entitled ''Department of Defense Management
Headquarters and Headquarters Support Activities'' and dated January 7,
1985.
(Added Pub. L. 99-433, title III, 301(a)(2), Oct. 1, 1986, 100 Stat.
1021; amended Pub. L. 100-180, div. A, title XIII, 1314(b)(3), Dec. 4,
1987, 101 Stat. 1175; Pub. L. 101-189, div. A, title XVI, 1622(h)(1),
Nov. 29, 1989, 103 Stat. 1605.)
1989 -- Subsecs. (a), (b). Pub. L. 101-189 substituted ''The'' for
''After September 30, 1989, the''.
1987 -- Subsec. (e)(2). Pub. L. 100-180 inserted ''the President
or'' after ''declared by''.
Pub. L. 100-202, 101(b) (title VIII, 8122), Dec. 22, 1987, 101
Stat. 1329-43, 1329-85, which provided that nothing in section 102d(1)
of Public Law 100-178, 101 Stat. 1010, section 601(b)(2)(A) of Public
Law 99-433, 100 Stat. 1065 (set out below), or section 601(d) of Public
Law 99-433, 100 Stat. 1065 (set out below), shall be construed as
requiring or suggesting that the Secretary of Defense avoid allocating
personnel reductions to the Defense Intelligence Agency, was repealed by
Pub. L. 100-456, div. A, title XII, 1213, Sept. 29, 1988, 102 Stat.
2053.
Section 601 of Pub. L. 99-433, as amended by Pub. L. 100-180, div.
A, title XIII, 1312, Dec. 4, 1987, 101 Stat. 1174; Pub. L. 101-189,
div. A, title XVI, 1622(h)(2), Nov. 29, 1989, 103 Stat. 1606,
provided that:
''(a) Military Departments and Combatant Commands. -- (1) The total
number of members of the Armed Forces and civilian employees assigned or
detailed to duty described in paragraph (2) may not exceed the number
equal to 90 percent of the total number of such members and employees
assigned or detailed to such duty on September 30, 1986.
''(2) Duty referred to in paragraph (1) is permanent duty in the
military departments and in the unified and specified combatant commands
to perform management headquarters activities or management headquarters
support activities.
''(3) In computing and implementing the limitation in paragraph (1),
the Secretary of Defense shall exclude members and employees who are
assigned or detailed to permanent duty to perform management
headquarters activities or management headquarters support activities in
the following:
''(A) The Office of the Secretary of the Army and the Army Staff.
''(B) The Office of the Secretary of the Navy, the Office of the
Chief of Naval Operations, and the Headquarters, Marine Corps.
''(C) The Office of the Secretary of the Air Force and the Air Staff.
''(D) The immediate headquarters staff of the commander of each
unified or specified combatant command.
''(4) If the Secretary of Defense applies any reduction in personnel
required by the limitation in paragraph (1) to a unified or specified
combatant command, the commander of that command, after consulting with
his directly subordinate commanders, shall determine the manner in which
the reduction shall be accomplished.
''(b) Defense Agencies and DOD Field Activities. -- (1)(A) Not later
than September 30, 1988, the Secretary of Defense shall reduce the total
number of members of the Armed Forces and civilian employees assigned or
detailed to permanent duty in the management headquarters activities and
management headquarters support activities in the Defense Agencies and
Department of Defense Field Activities by a number that is at least 5
percent of the total number of such members and employees assigned or
detailed to such duty on September 30, 1986.
''(B) Not later than September 30, 1989, the Secretary shall carry
out an additional reduction in such members and employees of not less
than 10 percent of the number of such members and employees assigned or
detailed to such duty on September 30, 1988.
''(C) If the number of members and employees reduced under
subparagraph (A) or (B) is in excess of the reduction required to be
made by that subparagraph, such excess number may be applied to the
number required to be reduced under paragraph (2).
''(2)(A) Not later than September 30, 1988, the Secretary of Defense
shall reduce the total number of members of the Armed Forces and
civilian employees assigned or detailed to permanent duty in the Defense
Agencies and Department of Defense Field Activities, other than members
and employees assigned or detailed to duty in management headquarters
activities or management headquarters support activities, by a number
that is at least 5 percent of the total number of such members and
employees assigned or detailed to such duty on September 30, 1986.
''(B) Not later than September 30, 1989, the Secretary shall carry
out an additional reduction in such members and employees of not less
than 5 percent of the number of such members and employees assigned or
detailed to such duty on September 30, 1988.
''(3) If after the date of the enactment of this Act (Oct. 1, 1986)
and before October 1, 1988, the total number of members and employees
described in paragraph (1)(A) or (2)(A) is reduced by a number that is
in excess of the number required to be reduced under that paragraph, the
Secretary may, in meeting the additional reduction required by paragraph
(1)(B) or (2)(B), as the case may be, offset such additional reduction
by that excess number.
''(4) The National Security Agency shall be excluded in computing and
making reductions under this subsection.
''(c) Prohibition Against Certain Actions To Achieve Reductions. --
Compliance with the limitations and reductions required by subsections
(a) and (b) may not be accomplished by recategorizing or redefining
duties, functions, offices, or organizations.
''(d) Allocations To Be Made by Secretary of Defense. -- (1) The
Secretary of Defense shall allocate the reductions required to comply
with the limitations in subsections (a) and (b) in a manner consistent
with the efficient operation of the Department of Defense. If the
Secretary determines that national security requirements dictate that a
reduction (or any portion of a reduction) required by subsection (b) not
be made from the Defense Agencies and Department of Defense Field
Activities, the Secretary may allocate such reduction (or any portion of
such reduction) (A) to personnel assigned or detailed to permanent duty
in management headquarters activities or management headquarters support
activities, or (B) to personnel assigned or detailed to permanent duty
in other than management headquarters activities or management
headquarters support activities, as the case may be, of the Department
of Defense other than the Defense Agencies and Department of Defense
Field Activities.
''(2) Among the actions that are taken to carry out the reductions
required by subsections (a) and (b), the Secretary shall consolidate and
eliminate unnecessary management headquarters activities and management
headquarters support activities.
''(e) Total Reductions. -- Reductions in personnel required to be
made under this section are in addition to any reductions required to be
made under other provisions of this Act or any amendment made by this
Act (see Short Title of 1986 Amendment note set out under section 111 of
the title).
''(f) Exclusion. -- In computing and making reductions under this
section, there shall be excluded not more than 1,600 personnel
transferred during fiscal year 1988 from the General Services
Administration to the Department of Defense for the purpose of having
the Department of Defense assume responsibility for the management,
operation, and administration of certain real property under the
jurisdiction of that Department.
''(g) Definitions. -- For purposes of this section, the terms
'management headquarters activities' and 'management headquarters
support activities' have the meanings given those terms in Department of
Defense Directive 5100.73, entitled 'Department of Defense Management
Headquarters and Headquarters Support Activities' and dated January 7,
1985.''
10 USC SUBCHAPTER II -- MISCELLANEOUS DEFENSE AGENCY MATTERS
TITLE 10 -- ARMED FORCES
Sec.
201. Consultation regarding appointment of certain intelligence
officials.
202. Unauthorized use of Defense Intelligence Agency name, initials,
or seal.
1991 -- Pub. L. 102-190, div. A, title IX, 922(b), Dec. 5, 1991,
105 Stat. 1453, added item 201 and redesignated former item 201 as 202.
1986 -- Pub. L. 99-433, title III, 301(a)(2), Oct. 1, 1986, 100
Stat. 1022, added subchapter heading and analysis of sections for
subchapter II.
10 USC 201. Consultation regarding appointment of certain intelligence
officials
TITLE 10 -- ARMED FORCES
Before submitting a recommendation to the President regarding the
appointment of an individual to the position of Director of the Defense
Intelligence Agency or Director of the National Security Agency, the
Secretary of Defense shall consult with the Director of Central
Intelligence regarding the recommendation.
(Added Pub. L. 102-190, div. A, title IX, 922(a)(2), Dec. 5, 1991,
105 Stat. 1453.)
A prior section 201 was renumbered section 202 of this title.
Section 921 of Pub. L. 102-190 provided that:
''(a) Supervision. -- Subject to the authority, direction, and
control of the Secretary of Defense, the Assistant Secretary of Defense
referred to in section 136(b)(3) of title 10, United States Code, may
during the period beginning on the date of the enactment of this Act
(Dec. 5, 1991) and ending on January 1, 1993, be assigned supervision of
the Defense Intelligence Agency but, notwithstanding any other provision
of law, may not be assigned day-to-day operational control over the
Defense Intelligence Agency.
''(b) Responsibilities of Director. -- Subject to the authority,
direction, and control of the Secretary of Defense, the responsibilities
of the Director of the Defense Intelligence Agency during the period
beginning on the date of the enactment of this Act (Dec. 5, 1991) and
ending on January 1, 1993, shall include the following:
''(1) Providing intelligence and intelligence support to --
''(A) the Secretary of Defense;
''(B) the Director of Central Intelligence;
''(C) the Chairman of the Joint Chiefs of Staff; and
''(D) the commanders of the unified and specified combatant commands.
''(2) Managing the General Defense Intelligence Program, including --
''(A) preparing, reviewing, and submitting to the Secretary of
Defense and the Director of Central Intelligence the budget proposal for
that program for any fiscal year; and
''(B) supervising the overall execution of the budgets and programs
of all functional areas within the General Defense Intelligence Program,
with emphasis on science and technology activities, human intelligence
activities, and imagery activities.
''(3) Ensuring that the roles and authorities of the functional
managers within the Defense Intelligence Agency are strong enough to
ensure that those managers have a significant role in the preparation,
review, approval, and supervision of the overall execution of the
budgets and programs within their areas of responsibility.
The provision of substantive intelligence by the Director to the
officers named in paragraph (1) shall not be subject to prior screening
by any other official.
''(c) Transfer of Certain Activities To DIA. -- The Secretary of the
Army and the Director of the Defense Intelligence Agency shall take all
required actions, including transfer of all necessary resources, in
order to transfer the Armed Forces Medical Intelligence Center and the
Missile and Space Intelligence Center from the Department of the Army to
the control of the Defense Intelligence Agency. Transfers pursuant to
the preceding sentence shall be completed not later than January 1,
1992.''
Section 923 of Pub. L. 102-190 provided that:
''(a) Requirement for Center. -- The Secretary of Defense shall
direct the consolidation of existing single-service current intelligence
centers that are located within the District of Columbia or its vicinity
into a joint intelligence center that is responsible for preparing
current intelligence assessments (including indications and warning).
The joint intelligence center shall be located within the District of
Columbia or its vicinity. As appropriate for the support of military
operations, the joint intelligence center shall provide for and manage
the collection and analysis of intelligence.
''(b) Management. -- The center shall be managed by the Defense
Intelligence Agency in its capacity as the intelligence staff activity
of the Chairman of the Joint Chiefs of Staff.
''(c) Responsiveness to Command Authorities. -- The Secretary shall
ensure that the center is fully responsive to the intelligence needs of
the Secretary, the Chairman of the Joint Chiefs of Staff, and the
commanders of the combatant commands.''
10 USC 202. Unauthorized use of Defense Intelligence Agency name,
initials, or seal
TITLE 10 -- ARMED FORCES
(a) No person may, except with the written permission of the
Secretary of Defense, knowingly use the words ''Defense Intelligence
Agency'', the initials ''DIA'', the seal of the Defense Intelligence
Agency, or any colorable imitation of such words, initials or seal in
connection with any merchandise, impersonation, solicitation, or
commercial activity in a manner reasonably calculated to convey the
impression that such use is approved, endorsed, or authorized by the
Secretary of Defense.
(b) Whenever it appears to the Attorney General that any person is
engaged or is about to engage in an act or practice which constitutes or
will constitute conduct prohibited by subsection (a), the Attorney
General may initiate a civil proceeding in a district court of the
United States to enjoin such act or practice. Such court shall proceed
as soon as practicable to the hearing and determination of such action
and may, at any time before final determination, enter such restraining
orders or prohibitions, or take such other actions as is warranted, to
prevent injury to the United States or to any person or class of persons
for whose protection the action is brought.
(Added Pub. L. 97-269, title V, 501(a), Sept. 27, 1982, 96 Stat.
1145, 191; amended Pub. L. 98-525, title XIV, 1405(6), Oct. 19, 1984,
98 Stat. 2622; renumbered 201, Pub. L. 99-433, title III, 301(a)(1),
Oct. 1, 1986, 100 Stat. 1019; renumbered 202, Pub. L. 102-190, div.
A, title IX, 922(a)(1), Dec. 5, 1991, 105 Stat. 1453.)
1991 -- Pub. L. 102-190 renumbered section 201 of this title as this
section.
1986 -- Pub. L. 99-433 renumbered section 191 of this title as this
section.
1984 -- Subsec. (a). Pub. L. 98-525 substituted ''such use is'' for
''such use in''.
Section 703 of title VII of Pub. L. 97-269 provided that: ''The
provisions of titles IV and V (enacting this section and amending
section 403c of Title 50, War and National Defense) and of this title
(which, except for enacting this note was not classified to the Code)
shall become effective upon the date of the enactment of this Act (Sept.
27, 1982).''
10 USC CHAPTER 9 -- DEFENSE BUDGET MATTERS
TITLE 10 -- ARMED FORCES
Sec.
221. Future-years defense program: submission to Congress;
consistency in budgeting.
222. Future-years mission budget.
226. Scoring of outlays.
1992 -- Pub. L. 102-484, div. A, title X, 1002(d)(2), Oct. 23,
1992, 106 Stat. 2481, added items 221 and 222 and redesignated former
item 221 as 226.
1991 -- Pub. L. 102-190, div. A, title X, 1002(a)(1), Dec. 5,
1991, 105 Stat. 1455, substituted ''DEFENSE BUDGET MATTERS'' for
''REGULAR COMPONENTS'' in chapter heading and added item 221.
10 USC 221. Future-years defense program: submission to Congress;
consistency in budgeting
TITLE 10 -- ARMED FORCES
(a) The Secretary of Defense shall submit to Congress each year, at
or about the time that the President's budget is submitted to Congress
that year under section 1105(a) of title 31, a future-years defense
program (including associated annexes) reflecting the estimated
expenditures and proposed appropriations included in that budget. Any
such future-years defense program shall cover the fiscal year with
respect to which the budget is submitted and at least the four
succeeding fiscal years.
(b)(1) The Secretary of Defense shall ensure that amounts described
in subparagraph (A) of paragraph (2) for any fiscal year are consistent
with amounts described in subparagraph (B) of paragraph (2) for that
fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget information submitted
to Congress by the Secretary in support of expenditure estimates and
proposed appropriations in the budget submitted to Congress by the
President under section 1105(a) of title 31 for any fiscal year, as
shown in the future-years defense program submitted pursuant to
subsection (a).
(B) The total amounts of estimated expenditures and proposed
appropriations necessary to support the programs, projects, and
activities of the Department of Defense included pursuant to paragraph
(5) of section 1105(a) of title 31 in the budget submitted to Congress
under that section for any fiscal year.
(c) Nothing in this section shall be construed to prohibit the
inclusion in the future-years defense program of amounts for management
contingencies, subject to the requirements of subsection (b).
(Added Pub. L. 101-189, div. A, title XVI, 1602(a)(1), Nov. 29,
1989, 103 Stat. 1596, 114a; amended Pub. L. 101-510, div. A, title
XIV, 1402(a)(1)-(3)(A), Nov. 5, 1990, 104 Stat. 1674; renumbered 221
and amended Pub. L. 102-484, div. A, title X, 1002(c), Oct. 23, 1992,
106 Stat. 2480.)
A prior section 221 was renumbered section 226 of this title.
1992 -- Pub. L. 102-484 renumbered section 114a of this title as
this section, amended section catchline generally, and substituted
''future-years'' for ''multiyear'' wherever appearing in text.
1990 -- Pub. L. 101-510, 1402(a)(3)(A), which directed amendment of
section catchline by substituting ''Multiyear'' for ''Five-year'', was
executed by substituting ''Multiyear'' for ''Five-Year'' as the probable
intent of Congress.
Subsec. (a). Pub. L. 101-510, 1402(a)(1), (2), substituted ''a
multiyear'' for ''the current five-year'' and inserted at end ''Any such
multiyear defense program shall cover the fiscal year with respect to
which the budget is submitted and at least the four succeeding fiscal
years.''
Subsecs. (b)(2)(A), (c). Pub. L. 101-510, 1402(a)(2)(A),
substituted ''multiyear'' for ''five-year''.
Pub. L. 102-396, title IX, 9132, Oct. 6, 1992, 106 Stat. 1936,
provided that: ''The President shall include with each budget for a
fiscal year submitted to the Congress under section 1105 of title 31,
United States Code, materials that shall identify clearly and separately
the amounts requested in the budget for appropriation for that fiscal
year for salaries and expenses related to administrative activities of
the Department of Defense, the military departments, and the Defense
Agencies.''
Section 1402(b) of Pub. L. 101-510 provided for limitations on
obligation by Secretary of Defense of fiscal year 1991 advance
procurement funds if, as of end of 90-day period beginning on date on
which President's budget for fiscal year 1992 was submitted to Congress,
the Secretary had not submitted to Congress fiscal year 1992 multiyear
defense program.
Section 1404 of Pub. L. 101-510, which directed President to submit
with budget submitted to Congress each year of programs of Department of
Defense, a budget that organizes programs within major functional
category 050 (National Defense) on basis of major roles and missions of
Department of Defense, was repealed by Pub. L. 102-484, div. A, title
X, 1002(b), Oct. 23, 1992, 106 Stat. 2480. See section 222 of this
title.
10 USC 222. Future-years mission budget
TITLE 10 -- ARMED FORCES
(a) Future-Years Mission Budget. -- The Secretary of Defense shall
submit to Congress for each fiscal year a future-years mission budget
for the military programs of the Department of Defense. That budget
shall be submitted for any fiscal year at the same time that the
President's budget for that fiscal year is submitted to Congress
pursuant to section 1105 of title 31.
(b) Consistency With Future-Years Defense Program. -- The
future-years mission budget shall be consistent with the future-years
defense program required under section 221 of this title. In the
future-years mission budget, the military programs of the Department of
Defense shall be organized on the basis of major roles, missions, or
forces of the Department of Defense.
(c) Relationship to Other Defense Budget Formats. -- The requirement
in subsection (a) is in addition to the requirements in any other
provision of law regarding the format for the presentation regarding
military programs of the Department of Defense in the budget submitted
pursuant to section 1105 of title 31 for any fiscal year.
(Added Pub. L. 102-484, div. A, title X, 1002(a)(2), Oct. 23, 1992,
106 Stat. 2480.)
Similar provisions were contained in Pub. L. 101-510, div. A, title
XIV, 1404, Nov. 5, 1990, 104 Stat. 1675, which was set out as a note
under section 114a (now 221) of this title and which was repealed by
Pub. L. 102-484, div. A, title X, 1002(b), Oct. 23, 1992, 106 Stat.
2480.
10 USC 226. Scoring of outlays
TITLE 10 -- ARMED FORCES
(a) Annual OMB/CBO Report. -- Not later than the day on which the
budget for any fiscal year is submitted to Congress pursuant to section
1105 of title 31, the Director of the Office of Management and Budget
and the Director of the Congressional Budget Office shall submit to the
Speaker of the House of Representatives and the Committees on Armed
Services, Appropriations, and the Budget of the Senate a joint report
containing an agreed resolution of all differences between --
(1) the technical assumptions to be used by the Office of Management
and Budget in preparing estimates with respect to all accounts in major
functional category 050 (National Defense) for that budget; and
(2) the technical assumptions to be used by the Congressional Budget
Office in preparing estimates with respect to those accounts for that
budget.
(b) Use of Averages. -- If the two Directors are unable to agree upon
any technical assumption, the report shall reflect the average of the
relevant outlay rates or assumptions used by the two offices.
(c) Matters To Be Included. -- The report with respect to a budget
shall identify the following:
(1) The agreed first-year and outyear outlay rates for each account
in budget function 050 (National Defense) for each fiscal year covered
by the budget.
(2) The agreed amount of outlays estimated to occur from unexpended
appropriations made for fiscal years before the fiscal year that begins
after submission of the report.
(Added Pub. L. 102-190, div. A, title X, 1002(a)(1), Dec. 5, 1991,
105 Stat. 1455, 221; renumbered 226, Pub. L. 102-484, div. A, title
X, 1002(a)(1), Oct. 23, 1992, 106 Stat. 2480.)
Similar provisions were contained in Pub. L. 101-189, 5(a), Nov.
29, 1989, 103 Stat. 1364, which was set out as a note under section
114a (now 221) of this title and which was repealed by Pub. L.
102-190, div. A, title X, 1002(b)(1), Dec. 5, 1991, 105 Stat. 1455.
1992 -- Pub. L. 102-484 renumbered section 221 of this title as this
section.
Pub. L. 101-189, 5, Nov. 29, 1989, 103 Stat. 1364, as amended by
Pub. L. 102-190, div. A, title X, 1002(b), Dec. 5, 1991, 105 Stat.
1455, provided that:
''(a) Sense of Congress Regarding Budget Resolutions and Budget
Scorekeeping. -- It is the sense of Congress that, in order to prevent a
recurrence of a mismatch between budget authority and outlays for budget
function 050 (National Defense), the technical assumptions contained in
the report under section 221 (now 226) of title 10, United States Code,
with respect to any budget should be used in the preparation of that
budget, the preparation of the budget resolution, and in all
scorekeeping in connection with budget function 050 (National Defense).
''(b) Sense of Congress Regarding Required Reductions and Other
Changes in National Defense Outlays in Relation to Budget Authority. --
It is the sense of Congress that the outlay level specified for national
defense for any fiscal year in the budget resolution for that fiscal
year should not require a reduction (or other change) in outlays for
national defense for that fiscal year below (or in relation to) the
estimated outlays specified for national defense in the budget for such
fiscal year (submitted to Congress pursuant to section 1105 of title 31,
United States Code) by more than the amount by which such estimated
outlays would be reduced (or otherwise changed) if the amount of budget
authority provided for in each title of the President's request for
budget authority for national defense (as contained in such budget) were
reduced (or otherwise changed) by the uniform percentage necessary for
the requested budget authority for national defense to be equal to the
budget authority specified for national defense in that budget
resolution unless the budget resolution is accompanied by a report that
describes the difference between the budget authority and outlays for
National Defense (function 050) in the President's budget and the budget
resolution.''
10 USC CHAPTER 11 -- RESERVE COMPONENTS
TITLE 10 -- ARMED FORCES
Sec.
261. Reserve components named.
262. Purpose.
263. Basic policy for order into Federal service.
264. Reserve affairs: designation of general or flag officer of
each armed force; personnel and logistic support for Reserves.
265. Policies and regulations: participation of reserve officers in
preparation and administration.
266. Boards for appointment, promotion, and certain other purposes:
composition.
267. Ready Reserve; Standby Reserve; Retired Reserve: placement
and status of members.
268. Ready Reserve.
269. Ready Reserve: placement in; transfer from.
270. Ready Reserve: training requirements.
271. Ready Reserve: continuous screening.
272. Ready Reserve: transfer back from Standby Reserve.
273. Standby Reserve: composition; inactive status list.
274. Retired Reserve.
275. Personnel records.
276. Mobilization forces: maintenance.
277. Regular and reserve components: discrimination prohibited.
278. Dissemination of information.
(279. Repealed.)
280. Regulations.
281. Adjutants general and assistant adjutants general: reference
to other officers of National Guard.
1984 -- Pub. L. 98-525, title XIV, 1405(7)(C), Oct. 19, 1984, 98
Stat. 2622, in item 264 substituted ''armed force'' for ''military
department'' and ''Reserves'' for ''reserves'' and struck out '';
reports to Congress'' at end.
1978 -- Pub. L. 95-485, title IV, 406(b)(2), Oct. 20, 1978, 92
Stat. 1616, struck out item 279 ''Training reports''.
1967 -- Pub. L. 90-168, 2(7), Dec. 1, 1967, 81 Stat. 522,
substituted ''designation of general or flag officers of each military
department; personnel and logistic support for reserves; reports to
Congress'' for ''responsibility for'' in item 264.
1960 -- Pub. L. 86-559, 1(2)(D), June 30, 1960, 74 Stat. 264,
added item 281.
1958 -- Pub. L. 85-861, 1(6), Sept. 2, 1958, 72 Stat. 1439, added
items 270, 271, 272 and 279.
10 USC 261. Reserve components named
TITLE 10 -- ARMED FORCES
(a) The reserve components of the armed forces are:
(1) The Army National Guard of the United States.
(2) The Army Reserve.
(3) The Naval Reserve.
(4) The Marine Corps Reserve.
(5) The Air National Guard of the United States.
(6) The Air Force Reserve.
(7) The Coast Guard Reserve.
(b) Except as otherwise provided in this title, no person may be a
member of more than one reserve component at the same time.
(Aug. 10, 1956, ch. 1041, 70A Stat. 10.)
In subsection (a), the words ''of the armed forces'' are inserted for
clarity.
Pub. L. 102-484, div. A, title IV, 411, 412, Oct. 23, 1992, 106
Stat. 2399, provided that:
''SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
''(a) In General. -- The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
1993, as follows:
''(1) The Army National Guard of the United States, 422,725.
''(2) The Army Reserve, 279,615.
''(3) The Naval Reserve, 133,675.
''(4) The Marine Corps Reserve, 42,315.
''(5) The Air National Guard of the United States, 119,300.
''(6) The Air Force Reserve, 82,300.
''(7) The Coast Guard Reserve, 15,150.
''(b) Increases in End Strengths. -- The Secretary of Defense may
increase an end strength authorized by subsection (a) by not more than 2
percent.
''(c) Limitation on Reductions in End Strengths. -- (1) Except as
provided in paragraph (2), the number of Selected Reserve personnel of
any of the reserve components as of September 30, 1993, may not be below
the number authorized in subsection (a) for that reserve component.
''(2) The Secretary of Defense may authorize a reduction in the
number applicable to any of the reserve components under paragraph (1)
by not more than 0.5 percent if the Secretary of the military department
concerned determines that such a reduction is necessary in order to
permit the early and timely release of members who seek such release
before the end of the fiscal year.
''(d) Adjustments. -- The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by --
''(1) the total authorized strength of units organized to serve as
units of the Selected Reserve of such component which are on active duty
(other than for training) at the end of the fiscal year, and
''(2) the total number of individual members not in units organized
to serve as units of the Selected Reserve of such component who are on
active duty (other than for training or for unsatisfactory participation
in training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from
active duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
''SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVE COMPONENTS.
''Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 1993,
the following number of Reserves to be serving on full-time active duty
or, in the case of members of the National Guard, full-time National
Guard duty for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
''(1) The Army National Guard of the United States, 24,736.
''(2) The Army Reserve, 12,637.
''(3) The Naval Reserve, 21,490.
''(4) The Marine Corps Reserve, 2,285.
''(5) The Air National Guard of the United States, 9,106.
''(6) The Air Force Reserve, 636.''
Pub. L. 101-510, div. A, title IV, 412(b)-(e), Nov. 5, 1990, 104
Stat. 1547, as amended by Pub. L. 102-190, div. A, title IV, 414(e),
Dec. 5, 1991, 105 Stat. 1353, provided that:
''(b) Army Reserve Component Strengths for Fiscal Years 1994-1998.
-- (1) Within the end strengths authorized by law after the date of the
enactment of this Act (Nov. 5, 1990) for each of the fiscal years listed
in the table in paragraph (2), the reserve components of the Army are
authorized the total number of members specified in such table for such
fiscal year to be serving on full-time active duty or, in the case of
members of the National Guard, full-time National Guard duty for the
purpose of organizing, administering, recruiting, instructing, or
training the Army reserve components.
''(2) The table referred to in paragraph (1) is as follows:
''(c) Implementation of Reductions. -- (1) In implementing the
reductions in the end strengths for reserves on active duty in support
of the Army reserve components required in subsection (b), no member of
the Reserves serving on full-time active duty on the date of the
enactment of this Act (Nov. 5, 1990), or in the case of members of the
National Guard, full-time National Guard duty, for the purpose of
organizing, administering, recruiting, instructing or training the Army
reserve components may be involuntarily separated.
''(2) As used in this section, the term 'involuntarily separated' has
the meaning given that term in section 1141 of title 10, United States
Code, as added by section 502 of this Act.
''(3) The end strengths prescribed in subsection (b) may be exceeded
to the extent necessary to comply with this subsection, as determined
under regulations prescribed by the Secretary of Defense.
''(4) Accessions of members of the Reserves to be serving on
full-time active duty or, in the case of members of the National Guard
on full-time National Guard duty for the purpose of organizing,
administering, recruiting, instructing, or training the Army reserve
components for a fiscal year shall be two percent of the total
authorized end strength provided in subsection (b) for that fiscal year.
''(d) Use of Active Component Members. -- (1) The Secretary of
Defense shall examine the validity of the information submitted in
support of the budget submitted to Congress pursuant to section 1105 of
title 31, United States Code, for fiscal year 1994 with respect to the
number of reserve members on active duty or full-time National Guard
duty to support the Army reserve components and shall, to the extent
that the information remains valid, assign active component members to
reserve units to meet the requirement of the reserve components.
''(2) The Secretary shall include in the detailed justification of
estimates for military personnel for the Army, Navy, Air Force, and
Marine Corps that accompanies the budget submitted to Congress for
fiscal year 1994 pursuant to section 1105 of title 31, United States
Code, the number of such personnel that are programmed to be assigned in
support of the reserve components to meet requirements for full-time
support of the reserve components.
''(e) Army Reserve Components. -- For purposes of this section, the
Army reserve components are the Army National Guard of the United States
and the Army Reserve.''
Similar provisions were contained in the following prior
authorization acts:
Pub. L. 102-190, div. A, title IV, 411, 412, Dec. 5, 1991, 105
Stat. 1351.
Pub. L. 101-510, div. A, title IV, 411(a)-(c), 412(a), Nov. 5,
1990, 104 Stat. 1546, 1547; Pub. L. 102-25, title II, 201(a), 202,
205(a), Apr. 6, 1991, 105 Stat. 79, 80.
Pub. L. 101-189, div. A, title IV, 411, 412, Nov. 29, 1989, 103
Stat. 1432, as amended by Pub. L. 101-510, div. A, title IV, 411(d),
Nov. 5, 1990, 104 Stat. 1547.
Pub. L. 100-456, div. A, title IV, 411(a), 412, Sept. 29, 1988,
102 Stat. 1964.
Pub. L. 100-180, div. A, title IV, 411, 412, Dec. 4, 1987, 101
Stat. 1082, 1083, as amended by Pub. L. 100-456, div. A, title IV,
411(b), Sept. 29, 1988, 102 Stat. 1964.
Pub. L. 99-661, div. A, title IV, 411(a)-(c), 412(a), Nov. 14,
1986, 100 Stat. 3860, 3861.
Pub. L. 99-145, title IV, 411, 412, Nov. 8, 1985, 99 Stat. 618,
619.
Pub. L. 98-525, title IV, 411, 412, Oct. 19, 1984, 98 Stat. 2516,
2517.
Pub. L. 98-94, title V, 501, 502, Sept. 24, 1983, 97 Stat. 630,
631.
Pub. L. 97-252, title V, 501, 502, Sept. 8, 1982, 96 Stat. 726,
as amended by Pub. L. 98-94, title V, 504(a), Sept. 24, 1983, 97
Stat. 631.
Pub. L. 97-86, title V, 501, 502, Dec. 1, 1981, 95 Stat. 1107.
Pub. L. 96-342, title IV, 401, Sept. 8, 1980, 94 Stat. 1084.
Pub. L. 96-107, title IV, 401, Nov. 9, 1979, 93 Stat. 807.
Pub. L. 95-485, title IV, 401, Oct. 20, 1978, 92 Stat. 1613.
Pub. L. 95-79, title IV, 401, July 30, 1977, 91 Stat. 327.
Pub. L. 94-361, title IV, 401, July 14, 1976, 90 Stat. 926.
Pub. L. 94-106, title IV, 401, Oct. 7, 1975, 89 Stat. 532.
Pub. L. 93-365, title IV, 401, 402, Aug. 5, 1974, 88 Stat. 402,
403.
Pub. L. 93-155, title IV, 401, 402, Nov. 16, 1973, 87 Stat. 608.
Pub. L. 92-436, title IV, 401, 402, Sept. 26, 1972, 86 Stat. 736.
Pub. L. 92-156, title III, 301, 302, Nov. 17, 1971, 85 Stat. 425.
Pub. L. 91-441, title III, 301, 302, Oct. 7, 1970, 84 Stat. 908.
Pub. L. 91-121, title III, 301, 302, Nov. 19, 1969, 83 Stat. 206.
Pub. L. 90-500, title III, 301, 302, Sept. 20, 1968, 82 Stat.
850.
Pub. L. 102-484, div. A, title IV, 413, Oct. 23, 1992, 106 Stat.
2400, provided that:
''(a) Requirement To Prescribe Reserve Component Force Structure. --
The Secretary of each military department shall prescribe a force
structure allowance for each reserve component under the jurisdiction of
the Secretary. Each such force structure allowance for a reserve
component --
''(1) shall be consistent with, but in no case include a number of
personnel spaces that is less than, the authorized end strength for that
component; and
''(2) shall be prescribed in accordance with historic service
policies.
''(b) Definition. -- For purposes of this section, the term 'force
structure allowance' means the number and types of units and
organizations, and the number of authorized personnel spaces allocated
to those units and organizations, in a military force.''
Pub. L. 102-484, div. A, title V, 518, Oct. 23, 1992, 106 Stat.
2407, provided that:
''(a) Limitation. -- The Secretary of Defense may not reduce the
number of medical personnel in any reserve component below the number of
such personnel in that reserve component on September 30, 1992.
''(b) Definition. -- In subsection (a), the term 'medical personnel'
has the meaning given that term in section 115a(g)(2) of title 10,
United States Code.''
Pub. L. 102-190, div. A, title IV, 414(a)-(d), Dec. 5, 1991, 105
Stat. 1352, 1353, as amended by Pub. L. 102-484, div. A, title V,
511(b), title XI, 1132, Oct. 23, 1992, 106 Stat. 2405, 2541, provided
that:
''(a) Pilot Program Required. -- During fiscal years 1992 and 1993,
the Secretary of the Army shall institute a pilot program to provide
active component advisers to combat units, combat support units, and
combat service support units in the Selected Reserve of the Ready
Reserve that have a high priority for deployment on a time-phased troop
deployment list or have another contingent high priority for deployment.
The advisers shall be assigned to full-time duty in connection with
organizing, administering, recruiting, instructing, or training such
units.
''(b) Objectives of Program. -- The objectives of the program are as
follows:
''(1) To improve the readiness of units in the reserve components of
the Army.
''(2) To increase substantially the number of active component
personnel directly advising reserve component unit personnel.
''(3) To provide a basis for determining the most effective mix of
reserve component personnel and active component personnel in
organizing, administering, recruiting, instructing, or training reserve
component units.
''(4) To provide a basis for determining the most effective mix of
active component officer and enlisted personnel in advising reserve
component units regarding organizing, administering, recruiting,
instructing, or training reserve component units.
''(c) Personnel To Be Assigned. -- (1) The Secretary shall assign
officers, warrant officers, and enlisted members to serve as advisers
under the program. Subject to paragraph (2), the Secretary shall
determine the appropriate mix and numbers of such personnel to be
assigned under the program.
''(2) The Secretary shall assign at least 2,000 members as advisers
to combat units, combat support units, and combat service support units.
''(3) The number of members performing duties under the program
during fiscal years 1992 and 1993 shall be counted for purposes of
section 401 (formerly set out as a note under section 115 of this
title).
''(4) After September 30, 1994, not less than 3,000 warrant officers
and enlisted members in addition to those assigned under paragraph (2)
shall be assigned to serve as advisers under the program.
''(d) Action on the Basis of Program Results. -- Based on the
experience under the pilot program, the Secretary of the Army shall by
April 1, 1993, submit to the Committees on Armed Services of the Senate
and House of Representatives a report containing the Secretary's
evaluation of the program to that date. As part of the budget
submission for fiscal year 1995, the Secretary shall submit any
recommendations for expansion or modification of the program. In no
case may the number of active duty personnel assigned to the program
decrease below the number specified for the pilot program.''
Pub. L. 98-525, title V, 552(a)-(e), (g), Oct. 19, 1984, 98 Stat.
2530, provided that:
''(a)(1) The Secretary of Defense shall conduct a review of the
various systems used to measure the readiness of reserve units of the
Armed Forces and shall implement a measurement system for the active and
reserve components of the Armed Forces to provide an objective and
uniform evaluation of the readiness of all units of the Armed Forces.
The measurement system should be designed to produce information
adequate to provide comparisons concerning the readiness of all units.
The system for evaluation of the readiness of a unit of an active
component should incorporate the performance of any unit of a reserve
component affiliated with the active component unit, including the
effect of the reserve component unit on the mobilization capability of
the active component unit.
''(2) Not later than March 31, 1985, the Secretary shall submit a
report to the Committees on Armed Services of the Senate and House of
Representatives describing the results of the review under paragraph (1)
and the measurement system implemented in accordance with that
paragraph.
''(b)(1) The Secretary of Defense, acting through the Assistant
Secretary of Defense for Reserve Affairs, shall conduct a study to
evaluate the feasibility of allocating equipment to units of reserve
components based on a measure of effectiveness of such units. The study
should consider the effects of allocating equipment by comparing units
with similar deployment times and similar capabilities in terms of
training and equipment rather than by comparing all reserve component
units with each other. The study should be integrated with an
evaluation of the system for measuring unit effectiveness to be
implemented in accordance with subsection (a).
''(2) As part of the report under subsection (a)(2), the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the study carried out under
paragraph (1).
''(c) It is the sense of Congress that the number of members of the
Army Reserve and of the Army National Guard assigned to full-time
manning duty should be increased to 14 percent of the total membership
of the Army Reserve and of the Army National Guard, respectively, by
fiscal year 1989.
''(d)(1)(A) The Secretary of Defense, acting through the Assistant
Secretary of Defense for Reserve Affairs, shall conduct a study of the
benefits of a longer training program for certain units of the reserve
components and shall conduct a test of such a program. The test program
should begin at the earliest realistic date.
''(B) In developing training programs for the reserve components, the
Secretary shall give increased attention to innovative training
technologies, techniques, and schedules that recognize the limitations
on time and the geographic dispersion of the reserve components.
''(2) Not later than March 31, 1985, the Secretary shall submit a
report to the Committees on Armed Services of the Senate and House of
Representatives describing the study under paragraph (1).
''(e) The Secretary of Defense shall conduct at least one major
mobilization exercise each year. The exercise should be as
comprehensive and as realistic as possible and should include the
participation of associated active component and reserve component
units. The Secretary shall develop a plan by June 30, 1985, to test
periodically each active component and reserve component unit based in
the United States and all interactions of such units, as well as the
sustainment of the forces mobilized as part of the exercise, with the
objective of permitting an evaluation of the adequacy of resource
allocation and planning.
''(g) This section does not apply to the Coast Guard.''
Authorization of end strength of Selected Reserve of each reserve
component of the armed forces, prerequisite to appropriation of funds to
or for use of Selected Reserve, see section 115 of this title.
12639.
10 USC 262. Purpose
TITLE 10 -- ARMED FORCES
The purpose of each reserve component is to provide trained units and
qualified persons available for active duty in the armed forces, in time
of war or national emergency and at such other times as the national
security requires, to fill the needs of the armed forces whenever,
during, and after the period needed to procure and train additional
units and qualified persons to achieve the planned mobilization, more
units and persons are needed than are in the regular components.
(Aug. 10, 1956, ch. 1041, 70A Stat. 10; Dec. 1, 1967, Pub. L.
90-168, 2(5), 81 Stat. 521.)
The words ''Congress declares that'', ''Armed Forces of the United
States'' before the words ''are maintained'', and ''trained'' are
omitted as surplusage. The words ''the purpose of * * * is'' are
substituted for the words ''are maintained for the purpose''. The words
''whenever * * * more units and persons * * * are required than are in''
are substituted for the words ''in excess of those''. The words ''fill
the needs'' are substituted for the words ''meet the requirements''.
1967 -- Pub. L. 90-168 substituted ''each reserve component'' for
''the reserve components''.
For effective date of amendment by Pub. L. 90-168, see section 7 of
Pub. L. 90-168, set out as a note under section 136 of this title.
10 USC 263. Basic policy for order into Federal service
TITLE 10 -- ARMED FORCES
Whenever Congress determines that more units and organizations are
needed for the national security than are in the regular components of
the ground and air forces, the Army National Guard of the United States
and the Air National Guard of the United States, or such parts of them
as are needed, together with units of other reserve components necessary
for a balanced force, shall be ordered to active duty and retained as
long as so needed.
(Aug. 10, 1956, ch. 1041, 70A Stat. 11.)
The words ''It is the intent of Congress that'' are omitted as
surplusage. The words ''more * * * than are in'' are substituted for
the words ''in excess of those''. The words ''active duty'' are
substituted for the words ''active military service of the United
States''. The words ''as long as so needed'' are substituted for the
words ''so long as such necessity exists''.
Pub. L. 89-687, title I, 101, Oct. 15, 1966, 80 Stat. 981, as
amended by Pub. L. 90-500, title III, 303, Sept. 20, 1968, 82 Stat.
850, authorized the President, until June 30, 1968, to order to active
duty any member of the Ready Reserve of an armed force who is not
assigned to, or participating satisfactorily in, a unit in the Selected
Reserve, and has not fulfilled his statutory reserve obligation, and has
not served on active duty or active duty for training for a total of 24
months, and any member of the Ready Reserve of an armed force who has
become a member of a reserve component prior to July 1, 1966, and who
has not served on active duty or active duty for training for a period
of 120 days or more, and has not fulfilled his statutory reserve
military obligation, until his total service on active duty or active
duty for training equals 24 months; required consideration to be given
to family responsibilities and employment necessary to maintain the
national health, safety, or interest in order to achieve fair treatment
between members in the Ready Reserve being considered for active duty;
and authorized the President, until June 30, 1969, to order to active
duty any unit of the Ready Reserve of an armed force for a period of not
to exceed 24 months. Similar provisions are now contained in section
673a of this title.
Pub. L. 87-736, Oct. 3, 1962, 76 Stat. 710, authorized the
President, until February 28, 1963, to order any unit, and any member of
the Ready Reserve of an armed force to active duty for not more than
twelve consecutive months.
Pub. L. 87-117, Aug. 1, 1961, 75 Stat. 242, authorized the
President, until July 1, 1962, to order any unit, and any member not
assigned to a unit organized to serve as a unit, in the Ready Reserve of
an armed force to active duty for not more than twelve consecutive
months.
Ex. Ord. No. 10957, Aug. 10, 1961, 26 F.R. 7541, authorized the
Secretary of Defense, and, when designated by him for this purpose, any
of the Secretaries of the military departments of the Department of
Defense, to exercise the authority vested in the President until July 1,
1962, by section 1 of the Act of August 1, 1961 (Public Law 87-117) to
order, without the consent of the persons concerned, any unit, and any
member not assigned to a unit organized to serve as a unit, in the Ready
Reserve of an armed force to active duty for not more than 12
consecutive months.
Ex. Ord. No. 11058, Oct. 23, 1962, 27 F.R. 10403, authorized the
Secretary of Defense, and when designated by him for this purpose, any
of the Secretaries of the military departments of the Department of
Defense, to exercise the authority vested in the President until Feb.
28, 1963, by section 1 of the Act of October 3, 1962 (Public Law
87-736), to order without the consent of the persons concerned, any
unit, or any member, of the Ready Reserve of an armed force to active
duty for not more than 12 consecutive months provided not more than
150,000 members of the Ready Reserve were thereby on active duty (other
than for training) without their consent at any one time; authorized
the Secretary of Defense and the Secretary of the Treasury with respect
to the Coast Guard to extend enlistments, appointments, periods of
active duty, periods of active duty for training, periods of obligated
service or other military status in any component of an armed force or
in the National Guard that expire before Feb. 28, 1963, for not more
than 12 months; allowed the enlistment of a Ready Reserve member which
would expire after Feb. 28, 1963 but before he has served the entire
period for which he was ordered to active duty to be extended until the
last day of that period; and prohibited the involuntary ordering to
active duty of members of the armed forces who had been involuntarily
ordered to active duty or whose active duty was extended under the Act
of Aug. 1, 1961, Pub. L. 87-117 (75 Stat. 242).
For additional provisions authorizing ordering of Ready Reserve to
active duty during national emergencies, see section 673a of this title
and notes thereunder.
Similar provision, see section 102 of Title 32, National Guard.
10 USC 264. Reserve affairs: designation of general or flag officer
of each armed force; personnel and logistic support for Reserves
TITLE 10 -- ARMED FORCES
(a) The Secretary concerned may designate a general or flag officer
of the armed force under his jurisdiction to be directly responsible for
reserve affairs to the Chief of Staff of the Army, the Chief of Naval
Operations, the Chief of Staff of the Air Force, the Commandant of the
Marine Corps, or the Commandant of the Coast Guard, as the case may be.
This subsection does not affect the functions of the Chief of the
National Guard Bureau, the Chief, Office of Army Reserve, or the Chief,
Office of Air Force Reserve.
(b) The Secretary concerned is responsible for providing the
personnel, equipment, facilities, and other general logistic support
necessary to enable units and Reserves in the Ready Reserve of the
reserve components under his jurisdiction to satisfy the training
requirements and mobilization readiness requirements for those units and
Reserves as recommended by the Secretary concerned and by the Joint
Chiefs of Staff and approved by the Secretary of Defense, and as
recommended by the Commandant of the Coast Guard and approved by the
Secretary of Transportation when the Coast Guard is not operated as a
service of the Navy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 11; Dec. 1, 1967, Pub. L.
90-168, 2(6), 81 Stat. 521; Nov. 19, 1969, Pub. L. 91-121, title III,
303, 83 Stat. 206; Oct. 20, 1978, Pub. L. 95-485, title IV, 406(a), 92
Stat. 1616; Oct. 19, 1984, Pub. L. 98-525, title XIV, 1405(7)(A), (B),
98 Stat. 2622.)
In subsection (b), the words ''the jurisdiction of'' are omitted as
surplusage.
In subsection (c), the last sentence is substituted for 50:1007(b)
(last sentence).
1984 -- Pub. L. 98-525, 1405(7)(B), in section catchline
substituted ''armed force'' for ''military department'' and ''Reserves''
for ''reserves'' and struck out ''; reports to Congress'' at end.
Subsec. (b). Pub. L. 98-525, 1405(7)(A), substituted ''reserve
components'' for ''Reserve components''.
1978 -- Subsec. (c). Pub. L. 95-485 struck out subsec. (c) which
required the Secretary concerned to submit a written report to the
Committees on Armed Services of the Senate and House of Representatives
concerning the extent to which units and reserves in the Ready Reserve
satisfied the training and mobilization requirements of subsec. (b) for
the year in which the report was submitted.
1969 -- Subsec. (c). Pub. L. 91-121 increased limitation for
submission of reports from 60 to 90 days.
1967 -- Subsec. (a). Pub. L. 90-168 redesignated subsec. (c) as (a)
and substituted ''may designate'' for ''shall designate'' and added
Chief, Office of Army Reserve, and Chief, Office of Air Force Reserve,
to the enumeration of offices the functions of which were not affected
by this subsection. Former subsec. (a), directing the Secretary of
Defense to designate an Assistant Secretary of Defense to have, in
addition to his other duties, principal responsibility for reserve
affairs of the Department of Defense, was struck out.
Subsec. (b). Pub. L. 90-168 added subsec. (b). Former subsec. (b),
placing upon the Secretary or, as he might prescribe, the Under
Secretary or an Assistant Secretary of his department, the principal
responsibility for supervising the activities of the reserve components
under that department, was struck out.
Subsec. (c). Pub. L. 90-168 added subsec. (c). Former subsec. (c)
redesignated (a) and amended.
For effective date of amendment by Pub. L. 90-168, see section 7 of
Pub. L. 90-168, set out as a note under section 136 of this title.
Reserve Forces Policy Board, see section 175 of this title.
10 USC 265. Policies and regulations: participation of reserve
officers in preparation and administration
TITLE 10 -- ARMED FORCES
Within such numbers and in such grades and assignments as the
Secretary concerned may prescribe, each armed force shall have officers
of its reserve components on active duty (other than for training) at
the seat of government, and at headquarters responsible for reserve
affairs, to participate in preparing and administering the policies and
regulations affecting those reserve components. While so serving, such
an officer is an additional number of any staff with which he is
serving.
(Aug. 10, 1956, ch. 1041, 70A Stat. 11.)
50:1003 (39th through 69th words) is omitted as covered by the last
sentence of the revised section. The words ''members'', ''charged
with'', ''duty'', ''assist and'', and ''considered'' are omitted as
surplusage. The reference to ''section 38 of title 10 and sections 66,
70, 147, and 171-176 of Title 32'' are omitted as covered by the words
''any other provision of law''.
10 USC 266. Boards for appointment, promotion, and certain other
purposes: composition
TITLE 10 -- ARMED FORCES
(a) Except as provided in section 612(a)(3) of this title and except
for boards that may be convened to select Reserves for appointment in
the Regular Army, Regular Navy, Regular Air Force, or Regular Marine
Corps, each board convened for the appointment, promotion, demotion,
involuntary release from active duty, discharge, or retirement of
Reserves shall include at least one member of the Reserves, with the
exact number of Reserves determined by the Secretary concerned in his
discretion.
(b) Each member of a board convened for the selection for promotion,
or for the demotion or discharge, of Reserves must be senior in rank to
the persons under consideration by that board. However, a member
serving in a legal advisory capacity may be junior in rank to any
person, other than a judge advocate or law specialist, being considered
by that board; and a member serving in a medical advisory capacity may
be junior in rank to any person, other than a medical officer, being
considered by that board.
(Aug. 10, 1956, ch. 1041, 70A Stat. 11; Dec. 12, 1980, Pub. L.
96-513, title VI, 501(4), 94 Stat. 2907; July 10, 1981, Pub. L.
97-22, 2(c), 95 Stat. 124.)
In subsection (a), the words ''under * * * prescribed'' are
substituted for the words ''in accordance * * * established''.
In subsection (b), the words ''in rank'' and ''by that board'' are
inserted for clarity.
1981 -- Subsec. (a). Pub. L. 97-22 substituted ''Except as provided
in section 612(a)(3) of this title and except for Boards that may be
convened to select Reserves for appointment in the Regular Army, Regular
Navy, Regular Air Force, or Regular Marine Corps, each board convened
for the appointment, promotion, demotion, involuntary release from
active duty, discharge, or retirement of Reserves shall include at least
one member of the Reserves, with the exact number of Reserves determined
by the Secretary concerned in his discretion'' for ''Except as provided
in section 612(a)(3) of this title, each board convened for the
appointment, promotion, demotion, involuntary release from active duty,
discharge, or retirement of Reserves shall include an appropriate number
of Reserves, as prescribed by the Secretary concerned under standards
and policies prescribed by the Secretary of Defense''.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''Except as provided
in section 612(a)(3) of this title, each'' for ''Each''.
Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section
701 of Pub. L. 96-513, set out as a note under section 101 of this
title.
10 USC 267. Ready Reserve; Standby Reserve; Retired Reserve:
placement and status of members
TITLE 10 -- ARMED FORCES
(a) There are in each armed force a Ready Reserve, a Standby Reserve,
and a Retired Reserve. Each Reserve shall be placed in one of those
categories.
(b) Reserves who are on the inactive status list of a reserve
component, or who are assigned to the inactive Army National Guard or
the inactive Air National Guard, are in an inactive status. Members in
the Retired Reserve are in a retired status. All other Reserves are in
an active status.
(Aug. 10, 1956, ch. 1041, 70A Stat. 12.)
In subsection (a), 50:930 is omitted as covered by the last sentence
of the revised subsection.
In subsection (b), 50:932(a) is omitted as covered by the last
sentence. The second sentence of the revised subsection is substituted
for 50:932(b) (less 1st 12 words) and (c). The words ''All other'' are
substituted for the word ''except'', in 50:932(b) (1st 12 words).
10 USC 268. Ready Reserve
TITLE 10 -- ARMED FORCES
(a) The Ready Reserve consists of units or Reserves, or both, liable
for active duty as provided in sections 672 and 673 of this title. The
authorized strength of the Ready Reserve is 2,900,000.
(b) Within the Ready Reserve of each of the reserve components, there
is a Selected Reserve, consisting of units, and, as designated by the
Secretary concerned, of Reserves, trained as prescribed in section
270(a)(1) of this title or section 502(a) of title 32, as appropriate.
(c) The organization and unit structure of the Selected Reserve shall
be approved --
(1) in the case of the Coast Guard Reserve, by the Secretary of
Transportation upon the recommendation of the Commandant of the Coast
Guard, and
(2) in the case of all other reserve components, by the Secretary of
Defense based upon recommendations from the military departments as
approved by the Joint Chiefs of Staff in accordance with contingency and
war plans.
(Aug. 10, 1956, ch. 1041, 70A Stat. 12; Sept. 2, 1958, Pub. L.
85-861, 1(3), 72 Stat. 1437; Dec. 1, 1967, Pub. L. 90-168, 2(8), 81
Stat. 522; Oct. 12, 1982, Pub. L. 97-295, 1(5), 96 Stat. 1289.)
The words ''aggregate personnel'' are omitted as surplusage. The
word ''is'' is substituted for the words ''shall not exceed a total
of'', since the words ''authorized strength'' mean a maximum figure.
50:925(a) (last 31 words) is omitted since the active duty requirements
for members of the Ready Reserve are covered by sections 672 and 673 of
this title.
50:925(b) (less 1st sentence) is omitted as executed on July 1, 1957.
1982 -- Subsec. (b). Pub. L. 97-295, 1(5)(A), substituted ''reserve
components'' for ''Reserve components defined in section 261 of this
title'', and struck out ''United States Code,'' after ''title 32,''.
Subsec. (c)(2). Pub. L. 97-295, 1(5)(B), substituted ''reserve'' for
''Reserve'' after ''of all other''.
1967 -- Pub. L. 90-168 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
1958 -- Pub. L. 85-861 substituted ''2,900,000'' for ''1,500,000''.
For effective date of amendment by Pub. L. 90-168, see section 7 of
Pub. L. 90-168, set out as a note under section 136 of this title.
10 USC 269. Ready Reserve: placement in; transfer from
TITLE 10 -- ARMED FORCES
(a) Each person required under law to serve in a reserve component
shall, upon becoming a member, be placed in the Ready Reserve of his
armed force for his prescribed term of service, unless he is transferred
to the Standby Reserve under subsection (e).
(b) The units and members of the Army National Guard of the United
States and of the Air National Guard of the United States are in the
Ready Reserve of the Army and the Ready Reserve of the Air Force,
respectively.
(c) All Reserves assigned to units organized to serve as units and
designated as units in the Ready Reserve are in the Ready Reserve.
(d) Under such regulations as the Secretary concerned may prescribe,
any qualified member of a reserve component or any qualified retired
enlisted member of a regular component may, upon his request, be placed
in the Ready Reserve. However, a member of the Retired Reserve entitled
to retired pay or a retired enlisted member of a regular component may
not be placed in the Ready Reserve unless the Secretary concerned makes
a special finding that the member's services in the Ready Reserve are
indispensable. The Secretary concerned may not delegate his authority
under the preceding sentence.
(e) Subject to subsection (g) and under regulations prescribed by the
Secretary of Defense, and by the Secretary of Transportation with
respect to the Coast Guard when it is not operating as a service in the
Navy, a member in the Ready Reserve may be transferred to the Standby
Reserve.
(f) A Reserve who is qualified and so requests may be transferred to
the Retired Reserve under regulations prescribed by the Secretary
concerned and, in the case of the Secretary of a military department,
approved by the Secretary of Defense.
(g) A member of the Army National Guard of the United States or the
Air National Guard of the United States may be transferred to the
Standby Reserve only with the consent of the governor or other
appropriate authority of the State or Territory, Puerto Rico, or the
District of Columbia, whichever is concerned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 12; Sept. 2, 1958, Pub. L.
85-861, 1(4), 72 Stat. 1437; June 30, 1960, Pub. L. 86-559, 1(2)(A),
74 Stat. 264; Dec. 1, 1967, Pub. L. 90-168, 2(9), 81 Stat. 522; Oct.
20, 1978, Pub. L. 95-485, title IV, 405(a)(1), 92 Stat. 1615; Sept.
24, 1983, Pub. L. 98-94, title X, 1018, 97 Stat. 669; Sept. 29, 1988,
Pub. L. 100-456, div. A, title XII, 1234(a)(1), 102 Stat. 2059.)
In subsection (a), the word ''under'' is substituted for the words
''pursuant to''. The words ''the remainder of'' are omitted as
surplusage. 50:928(b) is omitted as executed.
In subsection (c), the words ''for the purpose of'' are omitted as
surplusage.
In subsection (d), the word ''Under'' is substituted for the words
''Subject to''. The words ''at any time'' are omitted as surplusage.
In subsection (e), the words ''hereafter'' and ''the remainder of''
are omitted as surplusage.
In subsection (e)(1), the words ''an aggregate'' are substituted for
the words ''a total''.
In subsection (e)(2), the words ''an aggregate'' are substituted for
the words ''a total''. The words ''such shorter'' are substituted for
the words ''such lesser''.
In (former) subsection (e)(3), the words ''after December 6, 1941,
and before September 3, 1945'' are substituted for the words ''between
December 7, 1941, and September 2, 1945''. The words ''in addition
thereto'' are omitted as surplusage.
In subsection (e)(1), (2), and (former) subsection (e)(3) and (4),
the words ''at least'' are substituted for the words ''not less than''.
In (former) subsection (e)(3) and (4), the words ''an aggregate of''
are inserted for clarity and to conform to subsection (e)(1) and (2).
In subsection (f), the words ''and so requests'' are substituted for
the words ''if he makes application therefor''. The word ''under'' is
substituted for the words ''in accordance with such''. The words ''the
reserve components in'' are omitted as surplusage.
In subsection (g), the words ''A * * * may be * * * only with'' are
substituted for the words ''No * * * shall be * * * without''.
In subsection (e)(2), the words ''at least'' are substituted for the
words ''not less than''.
1988 -- Subsec. (g). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,''.
1983 -- Subsec. (d). Pub. L. 98-94 amended subsec. (d) generally,
substituting ''any qualified member of a reserve component or any
qualified retired enlisted member of a regular component may'' for ''any
qualified Reserve may'' and ''Retired Reserve entitled to retired pay or
a retired enlisted member of a regular component may not be placed in
the Ready Reserve'' for ''Retired Reserve who is entitled to retired pay
may not be placed in the Ready Reserve''.
1978 -- Subsec. (a). Pub. L. 95-485, 405(a)(1)(A), substituted
''transferred'' for ''eligible to transfer''.
Subsec. (d). Pub. L. 95-485, 405(a)(1)(B), substituted ''sentence.''
for ''sentence:''.
Subsec. (e). Pub. L. 95-485, 405(a)(1)(C), substituted provision
permitting transfer from the Ready Reserve to the Standby Reserve
subject to subsec. (g) and regulations as prescribed by the Secretary
of Defense or Secretary of Transportation with respect to the Coast
Guard when not operating as a service in the Navy for provision
permitting transfer to the Standby Reserve, except in time of war or
national emergency declared by Congress, of a Reserve who was not on
active duty, or who was on active duty for training, provided he
complied with certain active duty requirements and provided there was no
agreement to remain in the Ready Reserve.
Subsec. (f). Pub. L. 95-485, 405(a)(1)(D), substituted provision
permitting a Reserve who is qualified and so requests to be transferred
to the Retired Reserve for provision permitting a member of the Ready
Reserve, subject to subsec. (g), to be transferred to the Standby
Reserve or if he was qualified and so requested to the Retired Reserve.
1967 -- Subsec. (e). Pub. L. 90-168 redesignated cl. (4) as (2) and
struck out former cl. (2) which referred to Reserves who served on
active duty for at least one year and as a member of a unit of the Ready
Reserve after being transferred under section 1014(a) of Title 50, for a
period totalling four years, cl. (3) referring to Reserves who
satisfactorily completed an enlistment under section 1014(b) of Title
50, cl. (5) referring to Reserves who served on active duty for an
aggregate of at least 12 months after December 6, 1941, and before
September 3, 1945, and for an aggregate of at least 12 months after June
25, 1950, and cl. (6) referring to Reserves who were members of one or
more reserve components for an aggregate of at least eight years after
September 2, 1945.
1960 -- Subsec. (d). Pub. L. 86-559 prohibited a member of the
Retired Reserve who is entitled to retired pay from being placed in the
Ready Reserve unless the Secretary concerned makes a special finding
that the member's services are indispensable, and prohibited the
Secretary from delegating his authority.
1958 -- Subsec. (e). Pub. L. 85-861 added cls. (2) and (3) and
redesignated former cls. (2) to (4) as (4) to (6), respectively.
Section 405(a)(2) of Pub. L. 95-485 provided that: ''The amendments
made by paragraph (1) (amending this section) shall not apply with
respect to a member of the Ready Reserve of an Armed Force who served on
active duty (other than for training) before the date of the enactment
of this Act (Oct. 20, 1978).''
For effective date of amendment by Pub. L. 90-168, see section 7 of
Pub. L. 90-168, set out as a note under section 136 of this title.
10 USC 270. Ready Reserve: training requirements
TITLE 10 -- ARMED FORCES
(a) Except as specifically provided in regulations to be prescribed
by the Secretary of Defense, or by the Secretary of Transportation with
respect to the Coast Guard when it is not operating as a service in the
Navy, each person who is inducted, enlisted, or appointed in an armed
force after August 9, 1955, and who becomes a member of the Ready
Reserve under any provision of law except section 269(b) or 513 of this
title, shall be required, while in the Ready Reserve, to --
(1) participate in at least 48 scheduled drills or training periods
during each year and serve on active duty for training of not less than
14 days (exclusive of traveltime) during each year;
(2) serve on active duty for training not more than 30 days during
each year.
However, no member who has served on active duty for one year or
longer shall be required to perform a period of active duty for training
if the first day of such period falls during the last one hundred and
twenty days of his required membership in the Ready Reserve.
(b) A member of the Ready Reserve covered by this section who fails
in any year to satisfactorily perform the training duty prescribed in
subsection (a), as determined by the Secretary concerned under
regulations to be prescribed by the Secretary of Defense, may be ordered
without his consent to perform additional active duty for training for
not more than 45 days. If the failure occurs during the last year of
his required membership in the Ready Reserve, his membership is extended
until he performs that additional active duty for training, but not for
more than six months.
(c) Any person who becomes a member of the Army National Guard of the
United States or the Air National Guard of the United States after
October 4, 1961 and who fails in any year to perform satisfactorily the
training duty prescribed by or under law for members of the Army
National Guard or the Air National Guard, as the case may be, as
determined by the Secretary concerned, may, upon the request of the
Governor of the State or territory or Puerto Rico or the commanding
general of the District of Columbia National Guard, whichever is
concerned, be ordered, without his consent, to perform additional active
duty for training for not more than forty-five days. A member ordered
to active duty under this subsection shall be ordered to duty as a
Reserve of the Army or as a Reserve of the Air Force, as the case may
be.
(Added Pub. L. 85-861, 1(5)(A), Sept. 2, 1958, 72 Stat. 1438;
amended Pub. L. 87-378, 2, Oct. 4, 1961, 75 Stat. 807; Pub. L.
88-110, 4, Sept. 3, 1963, 77 Stat. 136; Pub. L. 90-168, 2(10), Dec.
1, 1967, 81 Stat. 523; Pub. L. 92-156, title III, 303(a), Nov. 17,
1971, 85 Stat. 425; Pub. L. 96-513, title V, 511(7), Dec. 12, 1980, 94
Stat. 2920; Pub. L. 100-456, div. A, title XII, 1234(a)(2), Sept. 29,
1988, 102 Stat. 2059; Pub. L. 101-189, div. A, title V, 501(b), Nov.
29, 1989, 103 Stat. 1435.)
In subsection (a), the words ''or any component thereof'' are omitted
as covered by the words ''armed force''. The words ''when it is not
operating as a service in the Navy'' are inserted for clarity, since the
Secretary of the Treasury has no jurisdiction over the Coast Guard when
it is operating as a service in the Navy. The word ''under'' is
substituted for the words ''by reason of''. 50:928(f)(2) is omitted as
covered by section 263 of the Armed Forces Reserve Act of 1952 (69 Stat.
602).
In subsection (b), the words ''until he performs'' are substituted
for the words ''for such time * * * as may be required for the
performance by such member''.
1989 -- Subsec. (a). Pub. L. 101-189 inserted ''or 513'' after
''section 269(b)'' in introductory provisions.
1988 -- Subsec. (c). Pub. L. 100-456 substituted ''or Puerto Rico''
for '', Puerto Rico, or the Canal Zone,''.
1980 -- Subsec. (a). Pub. L. 96-513, 511(7)(A), substituted
''Secretary of Transportation'' for ''Secretary of the Treasury''.
Subsec. (c). Pub. L. 96-513, 511(7)(B), substituted ''October 4,
1961'' for ''the enactment of this subsection''.
1971 -- Subsec. (a). Pub. L. 92-156 inserted exception to training
requirements where member served on active duty for one year or more if
the training period falls during last one hundred and twenty days of
required membership in Ready Reserve.
1967 -- Subsec. (a)(1). Pub. L. 90-168 substituted ''active duty for
training of not less than 14 days (exclusive of traveltime) during each
year'' for ''active duty for training not more than 17 days during each
year''.
1963 -- Subsec. (b). Pub. L. 88-110 struck out '', other than one
enlisted under section 456(c)(2)(C) of Title 50, Appendix,'' before
''who fails in any year''.
1961 -- Subsec. (c). Pub. L. 87-378 added subsec. (c).
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.
For effective date of amendment by Pub. L. 90-168, see section 7 of
Pub. L. 90-168, set out as a note under section 136 of this title.
section 712; title 50 App. section 456.
10 USC 271. Ready Reserve: continuous screening
TITLE 10 -- ARMED FORCES
(a) Under regulations to be prescribed by the President, each armed
force shall provide a system of continuous screening of units and
members of the Ready Reserve to insure that --
(1) there will be no significant attrition of those members or units
during a mobilization;
(2) there is a proper balance of military skills;
(3) except for those with military skills for which there is an
overriding requirement, members having critical civilian skills are not
retained in numbers beyond the need for those skills;
(4) with due regard to national security and military requirements,
recognition will be given to participation in combat; and
(5) members whose mobilization in an emergency would result in an
extreme personal or community hardship are not retained in the Ready
Reserve.
(b) Under regulations to be prescribed by the Secretary of Defense,
and by the Secretary of Transportation with respect to the Coast Guard
when it is not operating as a service in the Navy, any member of the
Ready Reserve who is designated as a member not to be retained in the
Ready Reserve as a result of screening under subsection (a) shall, as
appropriate, be transferred to the Standby Reserve, discharged, or, if
such member is eligible and applies therefor, transferred to the Retired
Reserve.
(Added Pub. L. 85-861, 1(5)(A), Sept. 2, 1958, 72 Stat. 1438;
amended Pub. L. 95-485, title IV, 405(b), Oct. 20, 1978, 92 Stat.
1615.)
The words ''Reserve Forces'' are omitted as surplusage, since they
are unidentified in the source statute and since the revised section
covers all members of the Ready Reserve.
1978 -- Pub. L. 95-485 designated existing provision as subsec.
(a), substituted ''significant'' for ''significance'' in cl. (1), and
added subsec. (b).
Ex. Ord. No. 11190, Dec. 29, 1964, 29 F.R. 19183, as amended by Ex.
Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided:
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, and as President of the United States and
Commander in Chief of the Armed Forces of the United States, it is
ordered as follows:
Section 1. There is delegated to the Secretary of Defense (and to
the Secretary of Transportation with regard to the United States Coast
Guard) the authority vested in the President by section 271 of title 10
of the United States Code (this section) to prescribe regulations for
the screening of units and members of the Ready Reserve of the Armed
Forces.
Sec. 2. Executive Order No. 10651 of January 6, 1956, is revoked.
Lyndon B. Johnson.
10 USC 272. Ready Reserve: transfer back from Standby Reserve
TITLE 10 -- ARMED FORCES
Under regulations to be prescribed by the Secretary of Defense, or by
the Secretary of Transportation with respect to the Coast Guard when it
is not operating as a service in the Navy, a member of the Standby
Reserve who has not completed his required period of service in the
Ready Reserve may be transferred to the Ready Reserve when the reason
for his transfer to the Standby Reserve no longer exists.
(Added Pub. L. 85-861, 1(5)(A), Sept. 2, 1958, 72 Stat. 1438;
amended Pub. L. 96-513, title V, 511(8), Dec. 12, 1980, 94 Stat.
2920.)
The words ''when it is not operating as a service in the Navy'' are
inserted for clarity, since the Secretary of the Treasury has no
jurisdiction over the Coast Guard when it is operating as a service in
the Navy.
1980 -- Pub. L. 96-513 substituted ''Secretary of Transportation''
for ''Secretary of the Treasury''.
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 USC 273. Standby Reserve: composition; inactive status list
TITLE 10 -- ARMED FORCES
(a) The Standby Reserve consists of those units or members, or both,
of the reserve components, other than those in the Ready Reserve or
Retired Reserve, who are liable for active duty only as provided in
sections 672 and 674 of this title.
(b) An inactive status list shall be maintained in the Standby
Reserve. Whenever an authority designated by the Secretary concerned
considers that it is in the best interest of the armed force concerned,
a member in the Standby Reserve who is not required to remain a Reserve,
and who cannot participate in prescribed training, may, if qualified, be
transferred to the inactive status list under regulations to be
prescribed by the Secretary concerned. These regulations shall fix the
conditions under which such a member is entitled to be returned to an
active status.
(c) While in an inactive status, a Reserve is not eligible for pay or
promotion.
(Aug. 10, 1956, ch. 1041, 70A Stat. 13.)
In subsection (a), the words ''only as provided in sections 672 and
674 of this title'' are inserted for clarity.
In subsection (b), the word ''under'' is substituted for the words
''in accordance with''. The last sentence is substituted for 50:931(a)
(last sentence).
10 USC 274. Retired Reserve
TITLE 10 -- ARMED FORCES
The Retired Reserve consists of Reserves --
(1) who are or have been retired under section 3911, 6323, or 8911 of
this title or under section 291 of title 14; or
(2) who --
(A) have been transferred to it upon their request;
(B) retain their status as Reserves; and
(C) are otherwise qualified.
(Aug. 10, 1956, ch. 1041, 70A Stat. 13; June 30, 1960, Pub. L.
86-559, 1(2)(B), 74 Stat. 264; Dec. 12, 1980, Pub. L. 96-513, title V,
511(9), 94 Stat. 2920.)
Clause (2) is inserted for clarity, since a person may leave the
Reserve and continue to be eligible for retired pay.
1980 -- Cl. (1). Pub. L. 96-513 substituted ''291'' for ''232''.
1960 -- Pub. L. 86-559 included Reserves who are or have been
retired under section 3911, 6323, or 8911 of this title or under section
232 of title 14.
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 USC 275. Personnel records
TITLE 10 -- ARMED FORCES
(a) Each armed force shall maintain adequate and current personnel
records of each member of its reserve components showing --
(1) his physical condition;
(2) his dependency status;
(3) his military qualifications;
(4) his civilian occupational skills;
(5) his availability for service; and
(6) such other information as the Secretary concerned may prescribe.
(b) Under regulations to be prescribed by the Secretary of Defense,
each military department shall prepare and maintain a record of the
number of members of each class of each reserve component who, during
each fiscal year, have participated satisfactorily in active duty for
training and inactive duty training with pay.
(Aug. 10, 1956, ch. 1041, 70A Stat. 13; Sept. 2, 1958, Pub. L.
85-861, 1(5)(B), 72 Stat. 1439.)
The words ''for service'', in clause (5), are inserted for clarity.
In subsection (b), the words ''prepare and maintain'' are substituted
for the words ''cause to be prepared and maintained''.
1958 -- Pub. L. 85-861 designated existing provisions as subsec.
(a) and added subsec. (b).
10 USC 276. Mobilization forces: maintenance
TITLE 10 -- ARMED FORCES
(a) Whenever units or members of the reserve components are ordered
to active duty (other than for training) during a period of partial
mobilization, the Secretary concerned shall continue to maintain
mobilization forces by planning and budgeting for the continued
organization and training of the reserve components not mobilized, and
make the fullest practicable use of the Federal facilities vacated by
mobilized units, consistent with approved joint mobilization plans.
(b) In this section, the term ''partial mobilization'' means the
mobilization resulting from action by Congress or the President, under
any law, to bring units of any reserve component, and members not
assigned to units organized to serve as units, to active duty for a
limited expansion of the active armed forces.
(Aug. 10, 1956, ch. 1041, 70A Stat. 13; Apr. 21, 1987, Pub. L.
100-26, 7(k)(4), 101 Stat. 284.)
In subsection (a), the word ''for'' is substituted for the words ''to
insure''. The words ''make the fullest practicable use'' are
substituted for the words ''to utilize to the fullest extent
practicable''.
In subsection (b), the words ''mobilization resulting from'' are
inserted for clarity. The words ''under any'' are substituted for the
words ''pursuant to any provision of''. The word ''bring'' is
substituted for the words ''effect the entry''. The words ''to serve''
are substituted for the words ''for the purpose of serving''. The words
''active duty'' are substituted for the words ''the active military
service of the United States''. The words ''and members thereof'' and
''as are required'' are omitted as surplusage.
1987 -- Subsec. (b). Pub. L. 100-26 inserted '', the term'' after
''In this section''.
10 USC 277. Regular and reserve components: discrimination prohibited
TITLE 10 -- ARMED FORCES
Laws applying to both Regulars and Reserves shall be administered
without discrimination --
(1) among Regulars;
(2) among Reserves; and
(3) between Regulars and Reserves.
(Aug. 10, 1956, ch. 1041, 70A Stat. 14.)
10 USC 278. Dissemination of information
TITLE 10 -- ARMED FORCES
The Secretary of Defense shall require the complete and current
dissemination, to all Reserves and to the public, of information of
interest to the reserve components.
(Aug. 10, 1956, ch. 1041, 70A Stat. 14.)
The word ''current'' is substituted for the word ''up-to-date''. The
words ''in general'' are omitted as surplusage.
10 USC ( 279. Repealed. Pub. L. 95-485, title IV, 406(b)(1), Oct. 20,
1978, 92 Stat. 1616)
TITLE 10 -- ARMED FORCES
Section, added Pub. L. 85-861, 1(5)(C), Sept. 2, 1958, 72 Stat.
1439; amended Pub. L. 94-273, 11(2), Apr. 21, 1976, 90 Stat. 378,
required the Secretary of Defense to report to the President and
Congress, in January of each year, on the status of training of each
reserve component and the progress made in strengthening the reserve
components during the preceding fiscal year.
10 USC 280. Regulations
TITLE 10 -- ARMED FORCES
Subject to standards, policies, and procedures prescribed by the
Secretary of Defense, the Secretary of each military department shall
prescribe such regulations as he considers necessary to carry out
chapters 11, 34, 39, and 59, and sections 715, 1003, 1004, 1376, 2001,
2540, 3077, 3079, 3221, 3224, 3259, 3260, 3261, 3351, 3352, 3354, 3495,
3498, 3686, 5251, 5252, 5456, 6327, 6483, 7225, 7226, 7854, 8077, 8079,
8221, 8224, 8259, 8260, 8261, 8351, 8352, 8354, 8495, 8498, and 8686 of
this title. The Secretary of Transportation, with the concurrence of
the Secretary of the Navy, shall prescribe such regulations as he
considers necessary to carry out chapters 11, 34, 39, and 59, and
sections 715, 1003, 1004, 1376, 2001, and 2540 of this title, so far as
they relate to the Coast Guard, except when the Coast Guard is operating
as a service in the Navy. So far as practicable, regulations for all
reserve components shall be uniform.
(Aug. 10, 1956, ch. 1041, 70A Stat. 14; Sept. 2, 1958, Pub. L.
85-861, 33(a)(2), 72 Stat. 1564; Sept. 7, 1962, Pub. L. 87-651, title
I, 101, 76 Stat. 506; Sept. 11, 1967, Pub. L. 90-83, 3(1), 81 Stat.
220; Aug. 17, 1977, Pub. L. 95-105, title V, 509(d)(3), 91 Stat. 860;
Dec. 12, 1980, Pub. L. 96-513, title V, 501(5), 511(10), 94 Stat.
2907, 2920; Oct. 19, 1984, Pub. L. 98-525, title XIV, 1405(8), 98
Stat. 2622; Dec. 5, 1991, Pub. L. 102-190, div. A, title X,
1061(a)(3), 105 Stat. 1472.)
The words ''the Secretary of each military department'' are
substituted for the words ''the Secretary of the Army, the Secretary of
the Navy, and the Secretary of the Air Force''. The word ''prescribe''
is substituted for the words ''make and publish''. The specific
enumeration of sections is substituted for the word ''chapter'', since
certain sections of this title relating to reservists are not based on
this source statute. The second sentence of the revised section is
substituted for 50:1002 (1st 14 words), for clarity. The words ''except
when the Coast Guard is operating as a service in the Navy'' are
inserted to make it clear that the power of the Secretary of the
Treasury is so limited.
The change reflects the repeal of sections 513 and 742 of title 10 by
section 36B (1) and (4) of the Act of September 2, 1958, Pub. L.
85-861 (72 Stat. 1570).
1991 -- Pub. L. 102-190 substituted ''2540'' for ''2511'' in two
places.
1984 -- Pub. L. 98-525 struck out reference to section 5597 of this
title.
1980 -- Pub. L. 96-513 struck out references to sections 3685 and
8685 and substituted ''34'' for ''35'' and ''Secretary of
Transportation'' for ''Secretary of the Treasury''.
1977 -- Pub. L. 95-105 struck out references to section 1032 of this
title.
1967 -- Pub. L. 90-83 struck out reference to section 6150 of this
title.
1962 -- Pub. L. 87-651 struck out references to sections 513 and 742
of this title.
1958 -- Pub. L. 85-861 substituted ''3354'' for ''3353'' and
''8354'' and ''8353''.
Amendment by section 501(5) of Pub. L. 96-513, substituting ''34''
for ''35'', effective Sept. 15, 1981, and amendment by section 511(10)
of Pub. L. 96-513, striking out references to sections 3685 and 8685
and substituting ''Secretary of Transportation'' for ''Secretary of the
Treasury'', effective Dec. 12, 1980, see section 701 of Pub. L.
96-513, set out as a note under section 101 of this title.
Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section
33(g) of Pub. L. 85-861, set out as a note under section 101 of this
title.
10 USC 281. Adjutants general and assistant adjutants general:
reference to other officers of National Guard
TITLE 10 -- ARMED FORCES
In any case in which, under the laws of a State or Territory, Puerto
Rico, or the District of Columbia, an officer of the National Guard of
that jurisdiction, other than the adjutant general or an assistant
adjutant general, normally performs the duties of that office, the
reference in section 1002(c), 3218, 3364, 3370(d), 3392, 3845, 3851,
3852, 8218, 8844, 8845, 8851, or 8852 of this title to the adjutant
general or the assistant adjutant general shall be applied to that
officer instead of to the adjutant general or assistant adjutant
general.
(Added Pub. L. 86-559, 1(2)(C), June 30, 1960, 74 Stat. 264;
amended Pub. L. 100-456, div. A, title XII, 1234(a)(1), Sept. 29, 1988,
102 Stat. 2059.)
1988 -- Pub. L. 100-456 struck out ''the Canal Zone,'' after
''Puerto Rico,''.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC CHAPTER 13 -- THE MILITIA
TITLE 10 -- ARMED FORCES
Sec.
311. Militia: composition and classes.
312. Militia duty: exemptions.
10 USC 311. Militia: composition and classes
TITLE 10 -- ARMED FORCES
(a) The militia of the United States consists of all able-bodied
males at least 17 years of age and, except as provided in section 313 of
title 32, under 45 years of age who are, or who have made a declaration
of intention to become, citizens of the United States and of female
citizens of the United States who are commissioned officers of the
National Guard.
(b) The classes of the militia are --
(1) the organized militia, which consists of the National Guard and
the Naval Militia; and
(2) the unorganized militia, which consists of the members of the
militia who are not members of the National Guard or the Naval Militia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 14; Sept. 2, 1958, Pub. L.
85-861, 1(7), 72 Stat. 1439.)
In subsection (a), the words ''who have made a declaration of
intention'' are substituted for the words ''who have or shall have
declared their intention''. The words ''at least 17 years of age and *
* * under 45 years of age'' are substituted for the words ''who shall be
more than seventeen years of age and * * * not more than forty-five
years of age''. The words ''except as provided in section 313 of title
32'' are substituted for the words ''except as hereinafter provided'',
to make explicit the exception as to maximum age.
In subsection (b), the words ''The organized militia, which consists
of the National Guard and the Naval Militia'' are substituted for the
words ''the National Guard, the Naval Militia'', since the National
Guard and the Naval Militia constitute the organized militia.
The words ''appointed as . . . under section 4 of this title'' are
omitted as surplusage.
1958 -- Subsec. (a). Pub. L. 85-861 included female citizens of the
United States who are commissioned officers of the National Guard.
Congressional power to provide for organization, equipment,
discipline, and government of Militia, see Const. Art. 1, 8, cl. 16.
Declaration of intention to become a citizen of the United States,
see section 1445 of Title 8, Aliens and Nationality.
10 USC 312. Militia duty: exemptions
TITLE 10 -- ARMED FORCES
(a) The following persons are exempt from militia duty:
(1) The Vice President.
(2) The judicial and executive officers of the United States, the
several States and Territories, and Puerto Rico.
(3) Members of the armed forces, except members who are not on active
duty.
(4) Customhouse clerks.
(5) Persons employed by the United States in the transmission of
mail.
(6) Workmen employed in armories, arsenals, and naval shipyards of
the United States.
(7) Pilots on navigable waters.
(8) Mariners in the sea service of a citizen of, or a merchant in,
the United States.
(b) A person who claims exemption because of religious belief is
exempt from militia duty in a combatant capacity, if the conscientious
holding of that belief is established under such regulations as the
President may prescribe. However, such a person is not exempt from
militia duty that the President determines to be noncombatant.
(Aug. 10, 1956, ch. 1041, 70A Stat. 15; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(a)(3), 102 Stat. 2059.)
In subsection (a), the words ''Members of the armed forces'' are
substituted for the words ''persons in the military or naval service''.
The words ''except members who are not on active duty'' are inserted to
reflect an opinion of the Judge Advocate General of the Army (JAGA
1952/4374, 9 July 1952). The word ''artificers'' is omitted as covered
by the word ''workmen''. The words ''naval shipyards'' are substituted
for the words ''navy yards'' to reflect modern terminology. The words
''on navigable waters'' are inserted to preserve the original coverage
of the word ''pilots''. The words ''actually'' and ''without regard to
age'' are omitted as surplusage.
1988 -- Subsec. (a)(2). Pub. L. 100-456 substituted ''and Puerto
Rico'' for ''Puerto Rico, and the Canal Zone''.
Deferments and exemptions from training and service under Military
Selective Service Act, see section 456 of Appendix to Title 50, War and
National Defense.
10 USC CHAPTER 15 -- INSURRECTION
TITLE 10 -- ARMED FORCES
Sec.
331. Federal aid for State governments.
332. Use of militia and armed forces to enforce Federal authority.
333. Interference with State and Federal law.
334. Proclamation to disperse.
335. Guam and Virgin Islands included as ''State''.
(336. Repealed.)
1980 -- Pub. L. 96-513, title V, 511(11)(C), Dec. 12, 1980, 94
Stat. 2921, added item 335.
10 USC 331. Federal aid for State governments
TITLE 10 -- ARMED FORCES
Whenever there is an insurrections in any State against its
government, the President may, upon the request of its legislature or of
its governor if the legislature cannot be convened, call into Federal
service such of the militia of the other States, in the number requested
by that State, and use such of the armed forces, as he considers
necessary to suppress the insurrection.
(Aug. 10, 1956, ch. 1041, 70A Stat. 15.)
The words ''armed forces'' are substituted for the words ''land or
naval forces of the United States''. The word ''governor'' is
substituted for the word ''executive''. The word ''may'' is substituted
for the words ''it shall be lawful * * * to''. The words ''into Federal
service'' are substituted for the word ''forth'' for uniformity and
clarity.
Army National Guard in Federal service, call, see section 3500 of
this title.
Use of Army and Air Force as posse comitatus, see section 1385 of
Title 18, Crimes and Criminal Procedure.
10 USC 332. Use of militia and armed forces to enforce Federal
authority
TITLE 10 -- ARMED FORCES
Whenever the President considers that unlawful obstructions,
combinations, or assemblages, or rebellion against the authority of the
United States, make it impracticable to enforce the laws of the United
States in any State or Territory by the ordinary course of judicial
proceedings, he may call into Federal service such of the militia of any
State, and use such of the armed forces, as he considers necessary to
enforce those laws or to suppress the rebellion.
(Aug. 10, 1956, ch. 1041, 70A Stat. 15.)
50:202 (last 22 words) is omitted as surplusage. The words ''armed
forces'' are substituted for the words ''land and naval forces of the
United States''. The words ''call into Federal service such of the
militia'' are substituted for the words ''call forth the militia of any
or all the States'' for clarity and uniformity. The word ''may'' is
substituted for the words ''it shall be lawful''. The words ''faithful
execution of the'' and ''in whatever State or Territory thereof the laws
of the United States may be forcibly opposed'' are omitted as
surplusage.
Act July 29, 1861, ch. 25, 1, 12 Stat. 281.
Ex. Ord. No. 10730, Sept. 24, 1957, 22 F.R. 7628, authorized the
Secretary of Defense to order into the active military service of the
United States units of the National Guard of the United States and of
the Air National Guard of the United States within the State of Arkansas
for an indefinite period and until relieved by appropriate orders in
order to enforce any orders of the United States District Court for the
Eastern District of Arkansas for the removal of obstructions to justice
in respect to enrollment and attendance at public schools in the Little
Rock School District, Little Rock, Arkansas; authorized the Secretary
of Defense to also use the armed forces of the United States to enforce
such orders of the district court; and authorized the Secretary of
Defense to delegate his authority to the Secretary of the Army or the
Secretary of the Air Force.
Ex. Ord. No. 11053, Sept. 30, 1962, 27 F.R. 9681, authorized the
Secretary of Defense to call into the active military service of the
United States units of the Army National Guard and of the Air National
Guard of the State of Mississippi for an indefinite period and until
relieved by appropriate orders in order to enforce all orders of the
United States District Court for the Southern District of Mississippi
and of the United States Court of Appeals for the Fifth Circuit for the
removal of obstructions to justice in the State of Mississippi;
authorized the Secretary of Defense to also use the armed forces of the
United States to enforce such court orders; and authorized the
Secretary of Defense to delegate his authority to the Secretary of the
Army or the Secretary of the Air Force.
Ex. Ord. No. 11111, June 11, 1963, 28 F.R. 5709, authorized the
Secretary of Defense to call into the active military service of the
United States units of the Army National Guard and of the Air National
Guard of the State of Alabama for an indefinite period and until
relieved by appropriate orders in order to enforce the laws of the
United States within that State and the orders of the United States
District Court for the Northern District of Alabama, to remove
obstructions to justice, and to suppress unlawful assemblies,
conspiracies, and domestic violence which oppose the laws of the United
States or impede the course of justice under those laws within that
State; authorized the Secretary of Defense to also use the armed forces
of the United States for such purposes; and authorized the Secretary of
Defense to delegate his authority to the Secretary of the Army or the
Secretary of the Air Force.
Ex. Ord. No. 11118, Sept. 10, 1963, 28 F.R. 9863, authorized the
Secretary of Defense to call into the active military service of the
United States units of the Army National Guard and of the Air National
Guard of the State of Alabama for an indefinite period and until
relieved by appropriate orders in order to enforce the laws of the
United States and any orders of United States Courts relating to the
enrollment and attendance of students in public schools in the State of
Alabama and to suppress unlawful assemblies, conspiracies, and domestic
violence which oppose the law or impede the course of justice under the
law within that State; authorized the Secretary of Defense to also use
the armed forces of the United States for such purposes; and authorized
the Secretary of Defense to delegate his authority to the Secretary of
the Army or the Secretary of the Air Force.
10 USC 333. Interference with State and Federal law
TITLE 10 -- ARMED FORCES
The President, by using the militia or the armed forces, or both, or
by any other means, shall take such measures as he considers necessary
to suppress, in a State, any insurrection, domestic violence, unlawful
combination, or conspiracy, if it --
(1) so hinders the execution of the laws of that State, and of the
United States within the State, that any part or class of its people is
deprived of a right, privilege, immunity, or protection named in the
Constitution and secured by law, and the constituted authorities of that
State are unable, fail, or refuse to protect that right, privilege, or
immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United
States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered
to have denied the equal protection of the laws secured by the
Constitution.
(Aug. 10, 1956, ch. 1041, 70A Stat. 15.)
The words ''armed forces'' are substituted for the words ''land or
naval forces of the United States''. The word ''shall'' is substituted
for the words ''it shall be lawful for * * * and it shall be his duty''.
Act Apr. 20, 1871, ch. 22, 3, 17 Stat. 14.
10 USC 334. Proclamation to disperse
TITLE 10 -- ARMED FORCES
Whenever the President considers it necessary to use the militia or
the armed forces under this chapter, he shall, by proclamation,
immediately order the insurgents to disperse and retire peaceably to
their abodes within a limited time.
(Aug. 10, 1956, ch. 1041, 70A Stat. 16.)
The words ''militia or the armed forces'' are substituted for the
words ''military forces'' for clarity and to conform to sections 331,
332, and 333 of this title.
Act July 29, 1861, ch. 25, 2, 12 Stat. 282.
Proc. No. 3204, Sept. 23, 1957, 22 F.R. 7628, commanded all persons
in the State of Arkansas who were obstructing the enforcement of orders
of the United States District Court for the Eastern District of Arkansas
relating to enrollment and attendance at public schools, particularly
Central High School at Little Rock, Arkansas, to cease and desist
therefrom and to disperse forthwith.
Proc. No. 3497, Sept. 30, 1962, 27 F.R. 9681, commanded all persons
in the State of Mississippi who were obstructing the enforcement of
orders entered by the United States District Court for the Southern
District of Mississippi and the United States Court of Appeals for the
Fifth Circuit to cease and desist therefrom and to disperse and retire
peaceably forthwith.
Proc. No. 3542, June 11, 1963, 28 F.R. 5707, commanded the Governor
of the State of Alabama and all other persons who were obstructing the
orders of the United States District Court for the Northern District of
Alabama relating to the enrollment and attendance of Negro students at
the University of Alabama to cease and desist therefrom.
Proc. No. 3554, Sept. 10, 1963, 28 F.R. 9861, commanded all persons
obstructing the enforcement of orders entered by the United States
District Courts in the State of Alabama relating to the enrollment and
attendance of students in public schools in that State to cease and
desist therefrom and to disperse and retire peaceably forthwith.
Proc. No. 3645, Mar. 23, 1965, 30 F.R. 3739, commanded all persons
engaged or who may engage in domestic violence obstructing the
enforcement of the laws and the judicial order approving the right to
march along U.S. Highway 80 from Selma to Montgomery, Alabama commencing
during the period from Mar. 19, 1965 to Mar. 22, 1965 and terminating
within 5 days of the commencement to cease and desist therefrom and to
disperse forthwith.
Proc. No. 3795, July 26, 1967, 32 F.R. 10905, commanded all persons
engaged in domestic violence and disorder in Detroit, Michigan, and
obstructing the enforcement of the laws to cease and desist therefrom
and to disperse forthwith.
Proc. No. 3840, Apr. 9, 1968, 33 F.R. 5495, commanded all persons
engaged in acts of violence threatening the Washington Metropolitan Area
and obstructing the execution of the laws to cease and desist therefrom
and to disperse forthwith.
Proc. No. 3841, Apr. 9, 1968, 33 F.R. 5497, commanded all persons
engaged in violence in and about the City of Chicago and obstructing the
enforcement of the laws to cease and desist therefrom and to disperse
forthwith.
Proc. No. 3842, Apr. 9, 1968, 33 F.R. 5499, commanded all persons
engaged in acts of violence and obstructing the enforcement of the laws
in and about the City of Baltimore to cease and desist therefrom and to
disperse forthwith.
10 USC 335. Guam and Virgin Islands included as ''State''
TITLE 10 -- ARMED FORCES
For purposes of this chapter, the term ''State'' includes the
unincorporated territories of Guam and the Virgin Islands.
(Added Pub. L. 90-497, 11, Sept. 11, 1968, 82 Stat. 847; amended
Pub. L. 96-513, title V, 511(11)(A), Dec. 12, 1980, 94 Stat. 2920.)
1980 -- Pub. L. 96-513 inserted ''and Virgin Islands'' after
''Guam'' in section catchline and inserted provision respecting
applicability to the Virgin Islands.
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.
Section 11 of Pub. L. 90-497 provided that this section is effective
on date of enactment of Pub. L. 90-497, which was approved on Sept.
11, 1968.
10 USC ( 336. Repealed. Pub. L. 96-513, title V, 511(11)(B), Dec. 12,
1980, 94 Stat. 2921)
TITLE 10 -- ARMED FORCES
Section, added Pub. L. 90-496, 12, Aug. 23, 1968, 82 Stat. 841,
included Virgin Islands within ''State''. See section 335 of this
title.
Repeal effective Dec. 12, 1980, see section 701(b)(3) of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC CHAPTER 17 -- ARMING OF AMERICAN VESSELS
TITLE 10 -- ARMED FORCES
Sec.
351. During war or threat to national security.
10 USC 351. During war or threat to national security
TITLE 10 -- ARMED FORCES
(a) The President, through any agency of the Department of Defense
designated by him, may arm, have armed, or allow to be armed, any
watercraft or aircraft that is capable of being used as a means of
transportation on, over, or under water, and is documented, registered,
or licensed under the laws of the United States.
(b) This section applies during a war and at any other time when the
President determines that the security of the United States is
threatened by the application, or the imminent danger of application, of
physical force by any foreign government or agency against the United
States, its citizens, the property of its citizens, or their commercial
interests.
(c) Section 16 of the Act of March 4, 1909 (22 U.S.C. 463) does not
apply to vessels armed under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 16; Dec. 12, 1980, Pub. L.
96-513, title V, 511(12), 94 Stat. 2921.)
In subsection (a), the wording of the special definition of
''vessel'' and ''American vessel'', contained in section 16 of the
Neutrality Act of 1939, 54 Stat. 12 (22 U.S.C. 456), is substituted for
the words ''any American vessel as defined in the Neutrality Act of
1939''.
In subsection (b), the words ''or national emergency'' are omitted,
since the words of the source statute defining that term have been
substituted for it.
In subsection (c), the words ''(relating to bonds from armed vessels
on clearing)'' are omitted as surplusage.
1980 -- Subsec. (c). Pub. L. 96-513 substituted ''Section 16 of the
Act of March 4, 1909 (22 U.S.C. 463)'' for ''Section 463 of title 22''.
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 USC CHAPTER 18 -- MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT
AGENCIES
TITLE 10 -- ARMED FORCES
Sec.
371. Use of information collected during military operations.
372. Use of military equipment and facilities.
373. Training and advising civilian law enforcement officials.
374. Maintenance and operation of equipment.
375. Restriction on direct participation by military personnel.
376. Support not to affect adversely military preparedness.
377. Reimbursement.
378. Nonpreemption of other law.
379. Assignment of Coast Guard personnel to naval vessels for law
enforcement purposes.
380. Enhancement of cooperation with civilian law enforcement
officials.
1989 -- Pub. L. 101-189, div. A, title XII, 1216(a), Nov. 29,
1989, 103 Stat. 1569, in chapter heading substituted ''18'' for ''8''.
1988 -- Pub. L. 100-456, div. A, title XI, 1104(a), Sept. 29,
1988, 102 Stat. 2043, amended chapter analysis generally substituting,
in chapter heading ''CHAPTER 8 -- MILITARY SUPPORT FOR CIVILIAN LAW
ENFORCEMENT AGENCIES'' for ''CHAPTER 18 -- MILITARY COOPERATION WITH
CIVILIAN LAW ENFORCEMENT OFFICIALS'', in item 374 ''Maintenance and
operation of equipment'' for ''Assistance by Department of Defense
personnel'', in item 376 ''Support not to affect adversely military
preparedness'' for ''Assistance not to affect adversely military
preparedness'' and in item 380 ''Enhancement of cooperation with
civilian law enforcement officials'' for ''Department of Defense drug
law enforcement assistance: annual plan''.
1987 -- Pub. L. 100-180, div. A, title XII, 1243(b), Dec. 4,
1987, 101 Stat. 1164, added item 380.
1986 -- Pub. L. 99-570, title III, 3053(b)(2), Oct. 27, 1986, 100
Stat. 3207-76, added item 379.
10 USC 371. Use of information collected during military operations
TITLE 10 -- ARMED FORCES
(a) The Secretary of Defense may, in accordance with other applicable
law, provide to Federal, State, or local civilian law enforcement
officials any information collected during the normal course of military
training or operations that may be relevant to a violation of any
Federal or State law within the jurisdiction of such officials.
(b) The needs of civilian law enforcement officials for information
shall, to the maximum extent practicable, be taken into account in the
planning and execution of military training or operations.
(c) The Secretary of Defense shall ensure, to the extent consistent
with national security, that intelligence information held by the
Department of Defense and relevant to drug interdiction or other
civilian law enforcement matters is provided promptly to appropriate
civilian law enforcement officials.
(Added Pub. L. 97-86, title IX, 905(a)(1), Dec. 1, 1981, 95 Stat.
1115; amended Pub. L. 100-456, div. A, title XI, 1104(a), Sept. 29,
1988, 102 Stat. 2043.)
1988 -- Pub. L. 100-456 amended section generally, designating
existing provisions as subsec. (a), inserting reference to military
training, and adding subsecs. (b) and (c).
Pub. L. 99-570, title III, 3051, Oct. 27, 1986, 100 Stat. 3207-74,
provided that: ''This subtitle (subtitle A ( 3051-3059) of title III
of Pub. L. 99-570, enacting section 379 of this title, amending sections
374 and 911 of this title, enacting provisions set out as notes under
sections 374, 525, and 9441 of this title, and repealing provisions set
out as a note under section 89 of Title 14, Coast Guard) may be cited as
the 'Defense Drug Interdiction Assistance Act'.''
10 USC 372. Use of military equipment and facilities
TITLE 10 -- ARMED FORCES
The Secretary of Defense may, in accordance with other applicable
law, make available any equipment (including associated supplies or
spare parts), base facility, or research facility of the Department of
Defense to any Federal, State, or local civilian law enforcement
official for law enforcement purposes.
(Added Pub. L. 97-86, title IX, 905(a)(1), Dec. 1, 1981, 95 Stat.
1115; amended Pub. L. 100-456, div. A, title XI, 1104(a), Sept. 29,
1988, 102 Stat. 2043.)
1988 -- Pub. L. 100-456 amended section generally, inserting
''(including associated supplies or spare parts)'' and substituting
''Department of Defense'' for ''Army, Navy, Air Force, or Marine
Corps''.
Pub. L. 101-189, div. A, title XII, 1208, Nov. 29, 1989, 103 Stat.
1566, as amended by Pub. L. 102-484, div. A, title X, 1044, Oct.
23, 1992, 106 Stat. 2493, provided that:
''(a) Transfer Authorized. -- (1) Notwithstanding any other provision
of law and subject to subsection (b), the Secretary of Defense may
transfer to Federal and State agencies personal property of the
Department of Defense, including small arms and ammunition, that the
Secretary determines is --
''(A) suitable for use by such agencies in counter-drug activities;
and
''(B) excess to the needs of the Department of Defense.
''(2) Personal property transferred under this section may be
transferred without cost to the recipient agency.
''(3) The Secretary shall carry out this section in consultation with
the Attorney General and the Director of National Drug Control Policy.
''(b) Conditions for Transfer. -- The Secretary may transfer personal
property under this section only if --
''(1) the property is drawn from existing stocks of the Department of
Defense; and
''(2) the transfer is made without the expenditure of any funds
available to the Department of Defense for the procurement of defense
equipment.
''(c) Application. -- The authority of the Secretary to transfer
personal property under this section shall expire on September 30,
1997.''
10 USC 373. Training and advising civilian law enforcement officials
TITLE 10 -- ARMED FORCES
The Secretary of Defense may, in accordance with other applicable
law, make Department of Defense personnel available --
(1) to train Federal, State, and local civilian law enforcement
officials in the operation and maintenance of equipment, including
equipment made available under section 372 of this title; and
(2) to provide such law enforcement officials with expert advice
relevant to the purposes of this chapter.
(Added Pub. L. 97-86, title IX, 905(a)(1), Dec. 1, 1981, 95 Stat.
1115; amended Pub. L. 99-145, title XIV, 1423(a), Nov. 8, 1985, 99
Stat. 752; Pub. L. 100-456, div. A, title XI, 1104(a), Sept. 29, 1988,
102 Stat. 2043.)
1988 -- Pub. L. 100-456 amended section generally, substituting
provisions authorizing Secretary of Defense, in accordance with
applicable law, to make Defense Department personnel available for
training, etc., for former subsecs. (a) to (c) authorizing Secretary of
Defense to assign members of Army, Navy, Air Force, and Marine Corps,
etc., for training, etc., briefing sessions by Attorney General, and
other functions of Attorney General and Administrator of General
Services.
1985 -- Pub. L. 99-145 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
Section 1423(b) of Pub. L. 99-145 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect on
January 1, 1986.''
10 USC 374. Maintenance and operation of equipment
TITLE 10 -- ARMED FORCES
(a) The Secretary of Defense may, in accordance with other applicable
law, make Department of Defense personnel available for the maintenance
of equipment for Federal, State, and local civilian law enforcement
officials, including equipment made available under section 372 of this
title.
(b)(1) Subject to paragraph (2) and in accordance with other
applicable law, the Secretary of Defense may, upon request from the head
of a Federal law enforcement agency, make Department of Defense
personnel available to operate equipment (including equipment made
available under section 372 of this title) with respect to --
(A) a criminal violation of a provision of law specified in paragraph
(4)(A); or
(B) assistance that such agency is authorized to furnish to a State,
local, or foreign government which is involved in the enforcement of
similar laws.
(2) Department of Defense personnel made available to a civilian law
enforcement agency under this subsection may operate equipment for the
following purposes:
(A) Detection, monitoring, and communication of the movement of air
and sea traffic.
(B) Detection, monitoring, and communication of the movement of
surface traffic outside of the geographic boundary of the United States
and within the United States not to exceed 25 miles of the boundary if
the initial detection occurred outside of the boundary.
(C) Aerial reconnaissance.
(D) Interception of vessels or aircraft detected outside the land
area of the United States for the purposes of communicating with such
vessels and aircraft to direct such vessels and aircraft to go to a
location designated by appropriate civilian officials.
(E) Operation of equipment to facilitate communications in connection
with law enforcement programs specified in paragraph (4)(A).
(F) Subject to joint approval by the Secretary of Defense and the
Attorney General (and the Secretary of State in the case of a law
enforcement operation outside of the land area of the United States) --
(i) the transportation of civilian law enforcement personnel; and
(ii) the operation of a base of operations for civilian law
enforcement personnel.
(3) Department of Defense personnel made available to operate
equipment for the purpose stated in paragraph (2)(D) may continue to
operate such equipment into the land area of the United States in cases
involving the pursuit of vessels or aircraft where the detection began
outside such land area.
(4) In this subsection:
(A) The term ''Federal law enforcement agency'' means an agency with
jurisdiction to enforce any of the following:
(i) The Controlled Substances Act (21 U.S.C. 801 et seq.) or the
Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.).
(ii) Any of sections 274 through 278 of the Immigration and
Nationality Act (8 U.S.C. 1324-1328).
(iii) A law relating to the arrival or departure of merchandise (as
defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401) into
or out of the customs territory of the United States (as defined in
general note 2 of the Harmonized Tariff Schedule of the United States)
or any other territory or possession of the United States.
(iv) The Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et
seq.).
(B) The term ''land area of the United States'' includes the land
area of any territory, commonwealth, or possession of the United States.
(c) The Secretary of Defense may, in accordance with other applicable
law, make Department of Defense personnel available to any Federal,
State, or local civilian law enforcement agency to operate equipment for
purposes other than described in subsection (b)(2) only to the extent
that such support does not involve direct participation by such
personnel in a civilian law enforcement operation unless such direct
participation is otherwise authorized by law.
(Added Pub. L. 97-86, title IX, 905(a)(1), Dec. 1, 1981, 95 Stat.
1115; amended Pub. L. 98-525, title XIV, 1405(9), Oct. 19, 1984, 98
Stat. 2622; Pub. L. 99-570, title III, 3056, Oct. 27, 1986, 100 Stat.
3207-77; Pub. L. 99-661, div. A, title XIII, 1373(c), Nov. 14, 1986,
100 Stat. 4007; Pub. L. 100-418, title I, 1214(a)(1), Aug. 23, 1988,
102 Stat. 1155; Pub. L. 100-456, div. A, title XI, 1104(a), Sept. 29,
1988, 102 Stat. 2043; Pub. L. 101-189, div. A, title XII, 1210,
1216(b), (c), Nov. 29, 1989, 103 Stat. 1566, 1569; Pub. L. 102-484,
div. A, title X, 1042, Oct. 23, 1992, 106 Stat. 2492.)
The Controlled Substances Act, referred to in subsec. (b)(4)(A)(i),
is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
amended, which is classified principally to subchapter I ( 801 et seq.)
of chapter 13 of Title 21, Food and Drugs. For complete classification
of this Act to the Code, see Short Title note set out under section 801
of Title 21 and Tables.
The Controlled Substances Import and Export Act, referred to in
subsec. (b)(4)(A)(i), is title III of Pub. L. 91-513, Oct. 27, 1970,
84 Stat. 1285, as amended, which is classified principally to
subchapter II ( 951 et seq.) of chapter 13 of Title 21. For complete
classification of the Act to the Code, see Short Title note set out
under section 951 of Title 21 and Tables.
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (b)(4)(A)(iii), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of Title 19,
Customs Duties.
The Maritime Drug Law Enforcement Act, referred to in subsec.
(b)(4)(A)(iv), is Pub. L. 96-350, Sept. 15, 1980, 94 Stat. 1159, as
amended, which is classified generally to chapter 38 ( 1901 et seq.) of
Title 46, Appendix, Shipping. For complete classification of this Act
to the Code, see section 1901 of Title 46, Appendix, and Tables.
1992 -- Subsec. (b)(2)(B) to (F). Pub. L. 102-484, 1042(1), added
subpar. (B) and redesignated former subpars. (B) to (E) as (C) to (F),
respectively.
Subsec. (b)(3). Pub. L. 102-484, 1042(2), substituted ''paragraph
(2)(D)'' for ''paragraph (2)(C)''.
1989 -- Subsec. (b)(2)(E). Pub. L. 101-189, 1210, substituted ''and
the Attorney General (and the Secretary of State in the case of a law
enforcement operation outside of the land area of the United States)''
for '', the Attorney General, and the Secretary of State, in connection
with a law enforcement operation outside the land area of the United
States'' in introductory provisions.
Subsec. (b)(4)(A)(iii). Pub. L. 101-189, 1216(b), substituted
''general note 2 of the Harmonized Tariff Schedule of the United
States'' for ''general headnote 2 of the Tariff Schedules of the United
States''.
Subsec. (c). Pub. L. 101-189, 1216(c), substituted ''subsection
(b)(2)'' for ''paragraph (2)''.
1988 -- Pub. L. 100-456 substituted ''Maintenance and operation of
equipment'' for ''Assistance by Department of Defense personnel'' in
section catchline, and amended text generally, revising and restating
former subsecs. (a) to (d) as subsecs. (a) to (c).
Subsec. (a)(3). Pub. L. 100-418, which directed substitution of
''general note 2 of the Harmonized Tariff Schedule of the United
States'' for ''general headnote 2 of the Tariff Schedules of the United
States'', could not be executed because of intervening general amendment
by Pub. L. 100-456.
1986 -- Subsec. (a). Pub. L. 99-570, 3056(a), inserted provision at
end relating to assistance that such agency is authorized to furnish to
any foreign government which is involved in the enforcement of similar
laws.
Subsec. (c). Pub. L. 99-570, 3056(b), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows:
''(1) In an emergency circumstance, equipment operated by or with the
assistance of personnel assigned under subsection (a) may be used
outside the land area of the United States (or any territory or
possession of the United States) as a base of operations by Federal law
enforcement officials to facilitate the enforcement of a law listed in
subsection (a) and to transport such law enforcement officials in
connection with such operations, if --
''(A) equipment operated by or with the assistance of personnel
assigned under subsection (a) is not used to interdict or to interrupt
the passage of vessels or aircraft; and
''(B) the Secretary of Defense and the Attorney General jointly
determine that an emergency circumstance exists.
''(2) For purposes of this subsection, an emergency circumstance may
be determined to exist only when --
''(A) the size or scope of the suspected criminal activity in a given
situation poses a serious threat to the interests of the United States;
and
''(B) enforcement of a law listed in subsection (a) would be
seriously impaired if the assistance described in this subsection were
not provided.''
Subsec. (d). Pub. L. 99-661 added subsec. (d).
1984 -- Subsec. (a)(3). Pub. L. 98-525 struck out ''(19 U.S.C.
1202)'' after ''Tariff Schedules of the United States''.
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of Title 19, Customs Duties.
Pub. L. 101-510, div. A, title X, 1004, Nov. 5, 1990, 104 Stat.
1629, as amended by Pub. L. 102-190, div. A, title X, 1088(a), Dec.
5, 1991, 105 Stat. 1484; Pub. L. 102-484, div. A, title X,
1041(a)-(d)(1), Oct. 23, 1992, 106 Stat. 2491, provided that:
''(a) Support to Other Agencies. -- During fiscal years 1991, 1992,
1993, and 1994, the Secretary of Defense may provide support for the
counter-drug activities of any other department or agency of the Federal
Government or of any State, local, or foreign law enforcement agency for
any of the purposes set forth in subsection (b) if such support is
requested --
''(1) by the official who has responsibility for the counter-drug
activities of the department or agency of the Federal Government, in the
case of support for other departments or agencies of the Federal
Government;
''(2) by the appropriate official of a State or local government, in
the case of support for State or local law enforcement agencies; or
''(3) by an appropriate official of a department or agency of the
Federal Government that has counter-drug responsibilities, in the case
of support for foreign law enforcement agencies.
''(b) Types of Support. -- The purposes for which the Secretary may
provide support under subsection (a) are the following:
''(1) The maintenance and repair of equipment that has been made
available to any department or agency of the Federal Government or to
any State or local government by the Department of Defense for the
purposes of --
''(A) preserving the potential future utility of such equipment for
the Department of Defense; and
''(B) upgrading such equipment to ensure compatibility of that
equipment with other equipment used by the Department of Defense.
''(2) The maintenance, repair, or upgrading of equipment (including
computer software), other than equipment referred to in subparagraph (A)
for the purpose of --
''(A) ensuring that the equipment being maintained or repaired is
compatible with equipment used by the Department of Defense; and
''(B) upgrading such equipment to ensure the compatibility of that
equipment with equipment used by the Department of Defense.
''(3) The transportation of personnel of the United States and
foreign countries (including per diem expenses associated with such
transportation), and the transportation of supplies and equipment, for
the purpose of facilitating counter-drug activities within or outside
the United States.
''(4) The establishment (including unspecified minor construction)
and operation of bases of operations or training facilities for the
purpose of facilitating counter-drug activities within or outside the
United States.
''(5) Counter-drug related training of law enforcement personnel of
the Federal Government, of State and local governments, and of foreign
countries, including associated support expenses for trainees and the
provision of materials necessary to carry out such training.
''(6) The detection, monitoring, and communication of the movement of
--
''(A) air and sea traffic within 25 miles of and outside the
geographic boundaries of the United States; and
''(B) surface traffic outside the geographic boundary of the United
States and within the United States not to exceed 25 miles of the
boundary if the initial detection occurred outside of the boundary.
''(7) Construction of roads and fences and installation of lighting
to block drug smuggling corridors across international boundaries of the
United States.
''(8) Establishment of command, control, communications, and computer
networks for improved integration of law enforcement, active military,
and National Guard activities.
''(9) The provision of linguist and intelligence analysis services.
''(c) Limitation on Counter-Drug Requirements. -- The Secretary of
Defense may not limit the requirements for which support may be provided
under subsection (a) only to critical, emergent, or unanticipated
requirements.
''(d) Contract Authority. -- In carrying out subsection (a), the
Secretary of Defense may acquire services or equipment by contract for
support provided under that subsection if the Department of Defense
would normally acquire such services or equipment by contract for the
purpose of conducting a similar activity for the Department of Defense.
''(e) Limited Waiver of Prohibition. -- Notwithstanding section 376
of title 10, United States Code, the Secretary of Defense may provide
support pursuant to subsection (a) in any case in which the Secretary
determines that the provision of such support would adversely affect the
military preparedness of the United States in the short term if the
Secretary determines that the importance of providing such support
outweighs such short-term adverse effect.
''(f) Conduct of Training or Operation to Aid Civilian Agencies. --
In providing support pursuant to subsection (a), the Secretary of
Defense may plan and execute otherwise valid military training or
operations (including training exercises undertaken pursuant to section
1206(a) of the National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101-189; 103 Stat. 1564) (10 U.S.C. 124 note))
for the purpose of aiding civilian law enforcement agencies.
''(g) Relationship to Other Laws. -- (1) The authority provided in
this section for the support of counter-drug activities by the
Department of Defense is in addition to, and except as provided in
paragraph (2), not subject to the requirements of chapter 18 of title
10, United States Code.
''(2) Support under this section shall be subject to the provisions
of section 375 and, except as provided in subsection (e), section 376 of
title 10, United States Code.''
Section 1103 of Pub. L. 100-456, which related to integration of
United States assets dedicated to interdiction of illegal drugs into an
effective communications network, was repealed by Pub. L. 101-189, div.
A, title XII, 1204(b), Nov. 29, 1989, 103 Stat. 1564. See section
1204(a) of Pub. L. 101-189 set out as a note under section 124 of this
title.
Section 1105 of Pub. L. 100-456, which related to funding and
training of National Guard for purpose of drug interdiction and
enforcement operations and for operation and maintenance of equipment
and facilities for such purpose, was repealed by Pub. L. 101-189, div.
A, title XII, 1207(b), Nov. 29, 1989, 103 Stat. 1566. See section 112
of Title 32, National Guard.
Section 3057 of Pub. L. 99-570 provided that:
''(a) General Requirement. -- (1) Within 90 days after the date of
the enactment of this Act (Oct. 27, 1986), the Secretary of Defense
shall submit to the Congress the following:
''(A) A detailed list of all forms of assistance that shall be made
available by the Department of Defense to civilian drug law enforcement
and drug interdiction agencies, including the United States Customs
Service, the Coast Guard, the Drug Enforcement Administration, and the
Immigration and Naturalization Service.
''(B) A detailed plan for promptly lending equipment and rendering
drug interdiction-related assistance included on such list.
''(2) The list required by paragraph (1)(A) shall include, but not be
limited to, a description of the following matters:
''(A) Surveillance equipment suitable for detecting air, land, and
marine drug transportation activities.
''(B) Communications equipment, including secure communications.
''(C) Support available from the reserve components of the Armed
Forces for drug interdiction operations of civilian drug law enforcement
agencies.
''(D) Intelligence on the growing, processing, and transshipment of
drugs in drug source countries and the transshipment of drugs between
such countries and the United States.
''(E) Support from the Southern Command and other unified and
specified commands that is available to assist in drug interdiction.
''(F) Aircraft suitable for use in air-to-air detection,
interception, tracking, and seizure by civilian drug interdiction
agencies, including the Customs Service and the Coast Guard.
''(G) Marine vessels suitable for use in maritime detection,
interception, tracking, and seizure by civilian drug interdiction
agencies, including the Customs Service and the Coast Guard.
''(H) Such land vehicles as may be appropriate for support activities
relating to drug interdiction operations by civilian drug law
enforcement agencies, including the Customs Service, the Immigration and
Naturalization Service, and other Federal agencies having drug
interdiction or drug eradication responsibilities.
''(b) Committee Approval and Final Implementation. -- Within 30 days
after the date on which the Congress receives the list and plan
submitted under such subsection, the Committees on Armed Services of the
Senate and the House of Representatives shall submit their approval or
disapproval of such list and plan to the Secretary of Defense. Upon
receipt of such approval or disapproval, the Secretary shall immediately
convene a conference of the heads of the Federal Government agencies
with jurisdiction over drug law enforcement, including the Customs
Service, the Coast Guard, and the Drug Enforcement Administration, to
determine the appropriate distribution of the assets, items of support,
or other assistance to be made available by the Department of Defense to
such agencies. Not later than 60 days after the date on which such
conference convenes, the Secretary of Defense and the heads of such
agencies shall enter into appropriate memoranda of agreement specifying
the distribution of such assistance.
''(c) Equipment Subject to Section 3052(c). -- Equipment identified
in this section is subject to the provisions of section 3052(c) (100
Stat. 3207-75).
''(d) Applicability. -- Subsections (a) and (b) shall not apply to
any assets, equipment, items of support, or other assistance provided or
authorized in any other provision of this title.
''(e) Review by General Accounting Office. -- The Comptroller General
of the United States shall monitor the compliance of the Department of
Defense with subsections (a) and (b). Not later than 90 days after the
date on which the conference is convened under subsection (b), the
Comptroller General shall transmit to the Congress a written report
containing the Comptroller General's findings regarding the compliance
of the Department of Defense with such subsections. The report shall
include a review of the memoranda of agreement entered into under
subsection (b).''
10 USC 375. Restriction on direct participation by military personnel
TITLE 10 -- ARMED FORCES
The Secretary of Defense shall prescribe such regulations as may be
necessary to ensure that any activity (including the provision of any
equipment or facility or the assignment or detail of any personnel)
under this chapter does not include or permit direct participation by a
member of the Army, Navy, Air Force, or Marine Corps in a search,
seizure, arrest, or other similar activity unless participation in such
activity by such member is otherwise authorized by law.
(Added Pub. L. 97-86, title IX 905(a)(1), Dec. 1, 1981, 95 Stat.
1116; amended Pub. L. 100-456, div. A, title XI, 1104(a), Sept. 29,
1988, 102 Stat. 2045; Pub. L. 101-189, div. A, title XII, 1211, Nov.
29, 1989, 103 Stat. 1567.)
1989 -- Pub. L. 101-189 substituted ''any activity'' for ''the
provision of any support'', struck out ''to any civilian law enforcement
official'' after ''any personnel)'', and substituted ''a search,
seizure, arrest,'' for ''a search and seizure, an arrest,''.
1988 -- Pub. L. 100-456 amended section generally. Prior to
amendment, section read as follows: ''The Secretary of Defense shall
issue such regulations as may be necessary to insure that the provision
of any assistance (including the provision of any equipment or facility
or the assignment of any personnel) to any civilian law enforcement
official under this chapter does not include or permit direct
participation by a member of the Army, Navy, Air Force, or Marine Corps
in an interdiction of a vessel or aircraft, a search and seizure,
arrest, or other similar activity unless participation in such activity
by such member is otherwise authorized by law.''
10 USC 376. Support not to affect adversely military preparedness
TITLE 10 -- ARMED FORCES
Support (including the provision of any equipment or facility or the
assignment or detail of any personnel) may not be provided to any
civilian law enforcement official under this chapter if the provision of
such support will adversely affect the military preparedness of the
United States. The Secretary of Defense shall prescribe such
regulations as may be necessary to ensure that the provision of any such
support does not adversely affect the military preparedness of the
United States.
(Added Pub. L. 97-86, title, IX, 905(a)(1), Dec. 1, 1981, 95 Stat.
1116; amended Pub. L. 100-456, div. A, title XI, 1104(a), Sept. 29,
1988, 102 Stat. 2045.)
1988 -- Pub. L. 100-456 substituted ''Support'' for ''Assistance''
in section catchline and amended text generally. Prior to amendment,
text read as follows: ''Assistance (including the provision of any
equipment or facility or the assignment of any personnel) may not be
provided to any civilian law enforcement official under this chapter if
the provision of such assistance will adversely affect the military
preparedness of the United States. The Secretary of Defense shall issue
such regulations as may be necessary to insure that the provision of any
such assistance does not adversely affect the military preparedness of
the United States.''
10 USC 377. Reimbursement
TITLE 10 -- ARMED FORCES
(a) To the extent otherwise required by section 1535 of title 31
(popularly known as the ''Economy Act'') or other applicable law, the
Secretary of Defense shall require a civilian law enforcement agency to
which support is provided under this chapter to reimburse the Department
of Defense for that support.
(b) An agency to which support is provided under this chapter is not
required to reimburse the Department of Defense for such support if such
support --
(1) is provided in the normal course of military training or
operations; or
(2) results in a benefit to the element of the Department of Defense
providing the support that is substantially equivalent to that which
would otherwise be obtained from military operations or training.
(Added Pub. L. 97-86, title IX, 905(a)(1), Dec. 1, 1981, 95 Stat.
1116; amended Pub. L. 100-456, div. A, title XI, 1104(a), Sept. 29,
1988, 102 Stat. 2045.)
1988 -- Pub. L. 100-456 amended section generally. Prior to
amendment, section read as follows: ''The Secretary of Defense shall
issue regulations providing that reimbursement may be a condition of
assistance to a civilian law enforcement official under this chapter.''
10 USC 378. Nonpreemption of other law
TITLE 10 -- ARMED FORCES
Nothing in this chapter shall be construed to limit the authority of
the executive branch in the use of military personnel or equipment for
civilian law enforcement purposes beyond that provided by law before
December 1, 1981.
(Added Pub. L. 97-86, title IX, 905(a)(1), Dec. 1, 1981, 95 Stat.
1116; amended Pub. L. 98-525, title XIV, 1405(10), Oct. 19, 1984, 98
Stat. 2622; Pub. L. 100-456, div. A, title XI, 1104(a), Sept. 29,
1988, 102 Stat. 2045.)
1988 -- Pub. L. 100-456 reenacted section without change.
1984 -- Pub. L. 98-525 substituted ''before December 1, 1981'' for
''prior to the enactment of this chapter''.
10 USC 379. Assignment of Coast Guard personnel to naval vessels for
law enforcement purposes
TITLE 10 -- ARMED FORCES
(a) The Secretary of Defense and the Secretary of Transportation
shall provide that there be assigned on board every appropriate surface
naval vessel at sea in a drug-interdiction area members of the Coast
Guard who are trained in law enforcement and have powers of the Coast
Guard under title 14, including the power to make arrests and to carry
out searches and seizures.
(b) Members of the Coast Guard assigned to duty on board naval
vessels under this section shall perform such law enforcement functions
(including drug-interdiction functions) --
(1) as may be agreed upon by the Secretary of Defense and the
Secretary of Transportation; and
(2) as are otherwise within the jurisdiction of the Coast Guard.
(c) No fewer than 500 active duty personnel of the Coast Guard shall
be assigned each fiscal year to duty under this section. However, if at
any time the Secretary of Transportation, after consultation with the
Secretary of Defense, determines that there are insufficient naval
vessels available for purposes of this section, such personnel may be
assigned other duty involving enforcement of laws listed in section
374(b)(4)(A) of this title.
(d) In this section, the term ''drug-interdiction area'' means an
area outside the land area of the United States (as defined in section
374(b)(4)(B) of this title) in which the Secretary of Defense (in
consultation with the Attorney General) determines that activities
involving smuggling of drugs into the United States are ongoing.
(Added Pub. L. 99-570, title III, 3053(b)(1), Oct. 27, 1986, 100
Stat. 3207-75; amended Pub. L. 100-456, div. A, title XI, 1104(a),
Sept. 29, 1988, 102 Stat. 2045.)
1988 -- Pub. L. 100-456 amended section generally, substituting
''every appropriate surface naval vessel'' for ''appropriate surface
naval vessels'' in subsec. (a), substituting ''section 374(b)(4)(A)''
for ''section 374(a)(1)'' in subsec. (c), and inserting ''(as defined
in section 374(b)(4)(B) of this title)'' in subsec. (d).
10 USC 380. Enhancement of cooperation with civilian law enforcement
officials
TITLE 10 -- ARMED FORCES
(a) The Secretary of Defense, in cooperation with the Attorney
General, shall conduct an annual briefing of law enforcement personnel
of each State (including law enforcement personnel of the political
subdivisions of each State) regarding information, training, technical
support, and equipment and facilities available to civilian law
enforcement personnel from the Department of Defense.
(b) Each briefing conducted under subsection (a) shall include the
following:
(1) An explanation of the procedures for civilian law enforcement
officials --
(A) to obtain information, equipment, training, expert advice, and
other personnel support under this chapter; and
(B) to obtain surplus military equipment.
(2) A description of the types of information, equipment and
facilities, and training and advice available to civilian law
enforcement officials from the Department of Defense.
(3) A current, comprehensive list of military equipment which is
suitable for law enforcement officials from the Department of Defense or
available as surplus property from the Administrator of General
Services.
(c) The Attorney General and the Administrator of General Services
shall --
(1) establish or designate an appropriate office or offices to
maintain the list described in subsection (b)(3) and to furnish
information to civilian law enforcement officials on the availability of
surplus military equipment; and
(2) make available to civilian law enforcement personnel nationwide,
tollfree telephone communication with such office or offices.
(Added Pub. L. 100-180, div. A, title XII, 1243(a), Dec. 4, 1987,
101 Stat. 1163; amended Pub. L. 100-456, div. A, title XI, 1104(a),
Sept. 29, 1988, 102 Stat. 2046.)
1988 -- Pub. L. 100-456 amended section generally, substituting
provisions relating to annual briefing of law enforcement personnel of
each State by Secretary of Defense and Attorney General and
establishment of offices and telephone communication with those offices
regarding surplus military equipment for provisions requiring the
Secretary to report to Congress on the availability of assistance, etc.,
to civilian law enforcement and drug interdiction agencies and to
convene a conference and requiring the Comptroller General to monitor
and report on the Secretary's compliance with those requirements.
10 USC CHAPTER 20 -- HUMANITARIAN AND OTHER ASSISTANCE
TITLE 10 -- ARMED FORCES
Subchapter Sec.
I.
Humanitarian Assistance 401
II.
Civil-Military Cooperation 410
1992 -- Pub. L. 102-484, div. A, title X, 1081(b)(2), Oct. 23,
1992, 106 Stat. 2516, added subchapter analysis.
1987 -- Pub. L. 100-180, div. A, title III, 332(b)(6), Dec. 4,
1987, 101 Stat. 1080, substituted ''HUMANITARIAN AND OTHER ASSISTANCE''
for ''HUMANITARIAN AND CIVIC ASSISTANCE PROVIDED IN CONJUNCTION WITH
MILITARY OPERATIONS'' in chapter heading.
10 USC SUBCHAPTER I -- HUMANITARIAN ASSISTANCE
TITLE 10 -- ARMED FORCES
Sec.
401. Humanitarian and civic assistance provided in conjunction with
military operations.
402. Transportation of humanitarian relief supplies to foreign
countries.
403. International peacekeeping activities.
1992 -- Pub. L. 102-484, div. A, title X, 1081(b)(2), title XIII,
1342(c)(2), Oct. 23, 1992, 106 Stat. 2516, 2558, added subchapter
heading and item 403.
1987 -- Pub. L. 100-180, div. A, title III, 332(b)(6), Dec. 4,
1987, 101 Stat. 1080, substituted ''Humanitarian and civic assistance
provided in conjunction with military operations'' for ''Armed forces
participation in humanitarian and civic assistance activities'' in item
401, ''Transportation of humanitarian relief supplies to foreign
countries'' for ''Approval of Secretary of State'' in item 402, and
struck out items 403 ''Payment of expenses'', 404 ''Annual report to
Congress'', 405 ''Definition of humanitarian and civic assistance'', and
406 ''Expenditure limitation''.
10 USC 401. Humanitarian and civic assistance provided in conjunction
with military operations
TITLE 10 -- ARMED FORCES
(a)(1) Under regulations prescribed by the Secretary of Defense, the
Secretary of a military department may carry out humanitarian and civic
assistance activities in conjunction with authorized military operations
of the armed forces in a country if the Secretary concerned determines
that the activities will promote --
(A) the security interests of both the United States and the country
in which the activities are to be carried out; and
(B) the specific operational readiness skills of the members of the
armed forces who participate in the activities.
(2) Humanitarian and civic assistance activities carried out under
this section shall complement, and may not duplicate, any other form of
social or economic assistance which may be provided to the country
concerned by any other department or agency of the United States. Such
activities shall serve the basic economic and social needs of the people
of the country concerned.
(3) Humanitarian and civic assistance may not be provided under this
section (directly or indirectly) to any individual, group, or
organization engaged in military or paramilitary activity.
(b) Humanitarian and civic assistance may not be provided under this
section to any foreign country unless the Secretary of State
specifically approves the provision of such assistance.
(c)(1) Expenses incurred as a direct result of providing humanitarian
and civic assistance under this section to a foreign country shall be
paid for out of funds specifically appropriated for such purpose.
(2) Nothing in this section may be interpreted to preclude the
incurring of minimal expenditures by the Department of Defense for
purposes of humanitarian and civic assistance out of funds other than
funds appropriated pursuant to paragraph (1).
(d) The Secretary of Defense shall submit to the Committees on Armed
Services and Foreign Relations of the Senate and to the Committees on
Armed Services and Foreign Affairs of the House of Representatives a
report, not later than March 1 of each year, on activities carried out
under this section during the preceding fiscal year. The Secretary
shall include in each such report --
(1) a list of the countries in which humanitarian and civic
assistance activities were carried out during the preceding fiscal year;
(2) the type and description of such activities carried out in each
country during the preceding fiscal year; and
(3) the amount expended in carrying out each such activity in each
such country during the preceding fiscal year.
(e) In this section, the term ''humanitarian and civic assistance''
means --
(1) medical, dental, and veterinary care provided in rural areas of a
country;
(2) construction of rudimentary surface transportation systems;
(3) well drilling and construction of basic sanitation facilities;
and
(4) rudimentary construction and repair of public facilities.
(f) Not more than $16,400,000 may be obligated or expended for the
purposes of this section during fiscal years 1987 through 1991.
(Added Pub. L. 99-661, div. A, title III, 333(a)(1), Nov. 14, 1986,
100 Stat. 3857; amended Pub. L. 100-180, div. A, title III,
332(b)(1)-(5), Dec. 4, 1987, 101 Stat. 1080; Pub. L. 100-456, div. A,
title XII, 1233(g)(1), Sept. 29, 1988, 102 Stat. 2058.)
1988 -- Subsec. (c)(2). Pub. L. 100-456 substituted ''paragraph
(1)'' for ''subsection (a)''.
1987 -- Pub. L. 100-180, 332(b)(1)(A), substituted ''Humanitarian
and civic assistance provided in conjunction with military operations''
for ''Armed forces participation in humanitarian and civic assistance
activities'' in section catchline.
Subsec. (a). Pub. L. 100-180, 332(b)(1)(B), (C), (5), redesignated
former subsec. (a) as par. (1) and former cls. (1) and (2) as cls.
(A) and (B), respectively, redesignated former subsecs. (b) and (c) as
pars. (2) and (3), respectively, and substituted ''section'' for
''chapter'' wherever appearing.
Subsec. (b). Pub. L. 100-180, 332(b)(2), (5), struck out section
catchline of former section 402 ''Approval of Secretary of State'',
designated text of former section 402 as subsec. (b) of this section,
and substituted ''section'' for ''chapter''.
Subsec. (c). Pub. L. 100-180, 332(b)(3), (5), struck out section
catchline of former section 403 ''Payment of expenses'', redesignated
former section 403(a) and (b) as subsec. (c)(1) and (2), respectively,
of this section, and substituted ''section'' for ''chapter'' wherever
appearing.
Subsec. (d). Pub. L. 100-180, 332(b)(4), (5), struck out section
catchline of former section 404 ''Annual report to Congress'',
designated text of former section 404 as subsec. (d) of this section,
and substituted ''section'' for ''chapter''.
Subsec. (e). Pub. L. 100-180, 332(b)(4), (5), struck out section
catchline of former section 405 ''Definition of humanitarian and civic
assistance'', designated text of former section 405 as subsec. (e) of
this section, and substituted ''section'' for ''chapter''.
Subsec. (f). Pub. L. 100-180, 332(b)(4), (5), struck out section
catchline of former section 406 ''Expenditure limitation'', designated
text of former section 406 as subsec. (f) of this section, and
substituted ''section'' for ''chapter''.
Individuals
Pub. L. 102-396, title II, Oct. 6, 1992, 106 Stat. 1884, provided:
''That where required and notwithstanding any other provision of law,
funds made available under this heading (Humanitarian Assistance) for
fiscal year 1993 or thereafter, shall be available for emergency
transportation of United States or foreign nationals or the emergency
transportation of humanitarian relief personnel in conjunction with
humanitarian relief operations.''
Use of Civic Action Teams in Trust
Territories of
Pacific Islands and Freely Associated States of
Micronesia
Pub. L. 102-396, title IX, 9021, Oct. 6, 1992, 106 Stat. 1904,
provided that: ''Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States Code.
Such funds may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States Code,
and these obligations shall be reported to Congress on September 30 of
each year: Provided, That funds available for operation and maintenance
shall be available for providing humanitarian and similar assistance by
using Civic Action Teams in the Trust Territories of the Pacific Islands
and freely associated states of Micronesia, pursuant to the Compact of
Free Association as authorized by Public Law 99-239 (48 U.S.C. 1681
note): Provided further, That upon a determination by the Secretary of
the Army that such action is beneficial for graduate medical education
programs conducted at Army medical facilities located in Hawaii, the
Secretary of the Army may authorize the provision of medical services at
such facilities and transportation to such facilities, on a
nonreimbursable basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall Islands, the
Federated States of Micronesia, Palau, and Guam.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-172, title VIII, 8021, Nov. 26, 1991, 105 Stat. 1175.
Pub. L. 101-511, title VIII, 8021, Nov. 5, 1990, 104 Stat. 1879.
Pub. L. 101-165, title IX, 9031, Nov. 21, 1989, 103 Stat. 1135.
Pub. L. 100-463, title VIII, 8051, Oct. 1, 1988, 102 Stat.
2270-25.
Pub. L. 100-202, 101(b) (title VIII, 8063), Dec. 22, 1987, 101
Stat. 1329-43, 1329-73.
10 USC 402. Transportation of humanitarian relief supplies to foreign
countries
TITLE 10 -- ARMED FORCES
(a) Notwithstanding any other provision of law, and subject to
subsection (b), the Secretary of Defense may transport to any country,
without charge, supplies which have been furnished by a nongovernmental
source and which are intended for humanitarian assistance. Such
supplies may be transported only on a space available basis.
(b)(1) The Secretary may not transport supplies under subsection (a)
unless the Secretary determines that --
(A) the transportation of such supplies is consistent with the
foreign policy of the United States;
(B) the supplies to be transported are suitable for humanitarian
purposes and are in usable condition;
(C) there is a legitimate humanitarian need for such supplies by the
people for whom they are intended;
(D) the supplies will in fact be used for humanitarian purposes; and
(E) adequate arrangements have been made for the distribution of such
supplies in the destination country.
(2) The President shall establish procedures for making the
determinations required under paragraph (1). Such procedures shall
include inspection of supplies before acceptance for transport.
(3) It shall be the responsibility of the donor to ensure that
supplies to be transported under this section are suitable for
transport.
(c)(1) Supplies transported under this section may be distributed by
an agency of the United States Government, a foreign government, an
international organization, or a private nonprofit relief organization.
(2) Supplies transported under this section may not be distributed,
directly or indirectly, to any individual, group, or organization
engaged in a military or paramilitary activity.
(d) Not later than July 31 each year, the Secretary of State shall
submit to the Committees on Armed Services and Foreign Relations of the
Senate and the Committees on Armed Services and Foreign Affairs of the
House of Representatives a report identifying the origin, contents,
destination, and disposition of all supplies transported under this
section during the 12-month period ending on the preceding June 30.
(Added Pub. L. 100-180, div. A, title III, 332(a), Dec. 4, 1987, 101
Stat. 1079; amended Pub. L. 101-510, div. A, title XIII, 1311(2), Nov.
5, 1990, 104 Stat. 1669.)
A prior section 402 was renumbered section 401(b) of this title.
1990 -- Subsec. (d). Pub. L. 101-510 substituted ''Not later than
July 31 each year'' for ''At the end of each six-month period'' and
''the 12-month period ending on the preceding June 30'' for ''such
six-month period''.
Functions of President under subsec. (b)(2) delegated to Secretary
of State by section 1-201(a)(24) of Ex. Ord. No. 12163, Sept. 29,
1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of
Title 22, Foreign Relations and Intercourse.
Section 332(d) of Pub. L. 100-180 provided that the first report
under section 402(d) of this title shall be submitted not more than six
months after the date on which the most recent report was submitted
under section 1540(e) of the Department of Defense Authorization Act,
1985 (Pub. L. 98-525; 98 Stat. 2638).
10 USC 403. International peacekeeping activities
TITLE 10 -- ARMED FORCES
(a) Authority. -- To the extent provided in defense authorization
Acts and appropriations Acts, the Secretary of Defense may furnish
assistance in support of international peacekeeping activities of the
United Nations or any regional organization of which the United States
is a member.
(b) Forms of Assistance. -- Assistance provided under subsection (a)
may include funds, supplies, services, and equipment. Any funds so
provided shall be derived from amounts available to the Department of
Defense for the fiscal year for which the assistance is provided.
(c) Limitations Related to Availability of State Department Funds.
-- Funds may be provided as assistance pursuant to subsection (a) for a
fiscal year --
(1) only if funds available to the Department of State for that
fiscal year for contributions for international peacekeeping activities
are insufficient or otherwise unavailable to meet the United States'
fair share of costs for international peacekeeping activities, as
determined by the President; and
(2) only to the extent that such funds are required to meet
unexpected and urgent requirements; and
(3) only to the extent that the United States' fair share of such
costs exceeds the amount that the President requests Congress to
appropriate for the Department of State for such fiscal year for
international peacekeeping activities.
(d) Consultation. -- The Secretary of Defense shall consult with the
Secretary of State before furnishing any assistance pursuant to
subsection (a).
(e) Determinations Required. -- No assistance may be furnished
pursuant to subsection (a) unless the Secretary of Defense certifies to
Congress that the provision of such assistance will not adversely affect
the military preparedness of the United States.
(f) Advance Notice to Congress. -- Not less than 30 days before
obligating any funds for purposes of subsection (a), the Secretary of
Defense shall transmit to Congress a report on the proposed obligation.
The report shall --
(1) specify the account, budget activity, and particular program or
programs from which the funds proposed to be obligated are to be derived
and the amount of the proposed obligation;
(2) specify the activities and forms of assistance for which the
Secretary of Defense plans to obligate such funds; and
(3) include the certification required by subsection (e).
(g) Definition. -- In this section, the term ''defense authorization
Act'' means an Act that authorizes appropriations for one or more fiscal
years for military activities of the Department of Defense, including
the activities described in paragraph (7) of section 114(a) of this
title.
(h) Termination. -- The authority of the Secretary of Defense to
furnish assistance under subsection (a) shall expire on September 30,
1993.
(Added Pub. L. 102-484, div. A, title XIII, 1342(c)(1), Oct. 23,
1992, 106 Stat. 2557.)
A prior section 403 was renumbered section 401(c) of this title.
Section 1342(a) of Pub. L. 102-484 provided that: ''The Congress
makes the following findings:
''(1) International peacekeeping activities contribute to the
national interests of the United States in maintaining global stability
and order.
''(2) International peacekeeping activities take many forms and
include observer missions, ceasefire monitoring, human rights
monitoring, refugee and humanitarian assistance, monitoring and
conducting elections, monitoring of police in the demobilization of
former combatants, and reforming judicial and other civil and
administrative systems of government.
''(3) International peacekeeping activities traditionally involve the
presence of military troops, police forces, and, in recent years,
civilian experts in transportation, logistics, medicine, electoral
systems, human rights, land tenure, other economic and social issues,
and other areas of expertise.
''(4) International peacekeeping activities serve both the foreign
policy interests and defense policy interests of the United States.
''(5) The normal budget process of authorizing and appropriating
funds a year in advance and reprogramming such funds is insufficient to
satisfy the need for funds for peacekeeping efforts arising from an
unanticipated crisis.
''(6) Greater flexibility is needed to ensure the timely availability
of funding to provide for peacekeeping activities.''
10 USC ( 404. Renumbered 401(d))
TITLE 10 -- ARMED FORCES
10 USC ( 405. Renumbered 401(e))
TITLE 10 -- ARMED FORCES
10 USC ( 406. Renumbered 401(f))
TITLE 10 -- ARMED FORCES
10 USC SUBCHAPTER II -- CIVIL-MILITARY COOPERATION
TITLE 10 -- ARMED FORCES
Sec.
410. Civil-Military Cooperative Action Program.
1992 -- Pub. L. 102-484, div. A, title X, 1081(b)(1), Oct. 23,
1992, 106 Stat. 2515, added subchapter heading and analysis consisting
of item 410.
10 USC 410. Civil-Military Cooperative Action Program
TITLE 10 -- ARMED FORCES
(a) Establishment. -- The Secretary of Defense shall establish a
program to be known as the ''Civil-Military Cooperative Action
Program''. Under the program, the Secretary may, in accordance with
other applicable law, use the skills, capabilities, and resources of the
armed forces to assist civilian efforts to meet the domestic needs of
the United States.
(b) Program Objectives. -- The program shall have the following
objectives:
(1) To enhance individual and unit training and morale in the armed
forces through meaningful community involvement of the armed forces.
(2) To encourage cooperation between civilian and military sectors of
society in addressing domestic needs.
(3) To advance equal opportunity.
(4) To enrich the civilian economy of the United States through
education, training, and transfer of technological advances.
(5) To improve the environment and economic and social conditions.
(6) To provide opportunities for disadvantaged citizens of the United
States.
(c) Advisory Councils. -- (1) The Secretary of Defense shall
encourage the establishment of advisory councils on civil-military
cooperation at the regional, State, and local levels, as appropriate, in
order to obtain recommendations for projects and activities under the
program and guidance for the program from persons who are knowledgeable
about regional, State, and local conditions and needs.
(2) The advisory councils should include officials from relevant
military organizations, representatives of appropriate local, State, and
Federal agencies, representatives of civic and social service
organizations, business representatives, and labor representatives.
(3) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to such councils.
(d) Regulations. -- The Secretary of Defense shall prescribe
regulations governing the provision of assistance under the program.
The regulations shall include the following:
(1) Rules governing the types of assistance that may be provided.
(2) Procedures governing the delivery of assistance that ensure, to
the maximum extent practicable, that such assistance is provided in
conjunction with, rather than separate from, civilian efforts.
(3) Procedures for appropriate coordination with civilian officials
to ensure that the assistance --
(A) meets a valid need; and
(B) does not duplicate other available public services.
(4) Procedures for the provision of assistance in a manner that does
not compete with the private sector.
(5) Procedures to minimize the extent to which Department of Defense
resources are applied exclusively to the program.
(6) Standards to ensure that assistance is provided under this
section in a manner that is consistent with the military mission of the
units of the armed forces involved in providing the assistance.
(e) Construction of Provision. -- Nothing in this section shall be
construed as authorizing --
(1) the use of the armed forces for civilian law enforcement
purposes; or
(2) the use of Department of Defense personnel or resources for any
program, project, or activity that is prohibited by law.
(Added Pub. L. 102-484, div. A, title X, 1081(b)(1), Oct. 23, 1992,
106 Stat. 2515.)
The Federal Advisory Committee Act, referred to in subsec. (c)(3),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
Section 1045 of Pub. L. 102-484 provided that:
''(a) Pilot Program. -- The Secretary of Defense shall conduct a
pilot outreach program to reduce the demand for illegal drugs. The
program shall include outreach activities by the active and reserve
components of the Armed Forces and shall focus primarily on youths in
general and inner-city youths in particular.
''(b) Payment of Travel and Living Expenses. -- The Secretary of
Defense may provide travel and living allowances to members of the Armed
Forces who participate in the pilot outreach program to permit such
members to carry out demand reduction activities in areas beyond the
vicinity of military installations and National Guard facilities.
''(c) Funding. -- Funds available to the Department of Defense for
drug interdiction and counter-drug activities may be used for carrying
out the pilot outreach program described in subsection (a).
''(d) Duration of Program. -- The pilot outreach program described in
subsection (a) shall be conducted for a test period ending three years
after the date of the enactment of this Act (Oct. 23, 1992).
''(e) Report. -- Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Congress a report that assesses the effectiveness of the pilot outreach
program and includes the recommendations of the Secretary regarding the
continuation of the program.''
Section 1081(a) of Pub. L. 102-484 provided that: ''Congress makes
the following findings:
''(1) Many of the skills, capabilities, and resources that the Armed
Forces have developed to meet military requirements can assist in
meeting the civilian domestic needs of the United States.
''(2) Members of the Armed Forces have the training, education, and
experience to serve as role models for United States youth.
''(3) As a result of the reductions in the Armed Forces resulting
from the ending of the Cold War, the Armed Forces will have fewer
overseas deployments and lower operating tempos, and there will be a
much greater opportunity than in the past for the Armed Forces to assist
civilian efforts to address critical domestic problems.
''(4) The United States has significant domestic needs in areas such
as health care, nutrition, education, housing, and infrastructure that
cannot be met by current and anticipated governmental and private sector
programs.
''(5) There are significant opportunities for the resources of the
Armed Forces, which are maintained for national security purposes, to be
applied in cooperative efforts with civilian officials to address these
vital domestic needs.
''(6) Civil-military cooperative efforts can be undertaken in a
manner that is consistent with the military mission and does not compete
with the private sector.''
10 USC CHAPTER 21 -- DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
TITLE 10 -- ARMED FORCES
Subchapter Sec.
I.
General Matters 421
II.
Intelligence Commercial Activities 431
1991 -- Pub. L. 102-88, title V, 504(a)(1), Aug. 14, 1991, 105
Stat. 437, added items for subchapters I and II.
10 USC SUBCHAPTER I -- GENERAL MATTERS
TITLE 10 -- ARMED FORCES
Sec.
421. Funds for foreign cryptologic support.
422. Counterintelligence official reception and representation
expenses.
423. Authority to use proceeds from counterintelligence operations
of the military departments.
424. Disclosure of organizational and personnel information:
exemption for Defense Intelligence Agency.
1991 -- Pub. L. 102-88, title V, 504(a)(1), Aug. 14, 1991, 105
Stat. 437, added subchapter heading.
1989 -- Pub. L. 101-189, div. A, title XVI, 1622(c)(2), Nov. 29,
1989, 103 Stat. 1604, substituted ''Funds for foreign cryptologic
support'' for ''Funds for Foreign Cryptologic Support'' in item 421.
1988 -- Pub. L. 100-453, title VII, 701(b), 703(b), Sept. 29,
1988, 102 Stat. 1912, 1913, in item 421 substituted ''Funds for Foreign
Cryptologic Support'' for ''Funds transfers for foreign cryptologic
support'' and added item 424.
1987 -- Pub. L. 100-180, div. A, title XII, 1231(3), Dec. 4,
1987, 101 Stat. 1160, substituted ''departments'' for ''department'' in
item 423.
10 USC 421. Funds for foreign cryptologic support
TITLE 10 -- ARMED FORCES
(a) The Secretary of Defense may use appropriated funds available to
the Department of Defense for intelligence and communications purposes
to pay for the expenses of arrangements with foreign countries for
cryptologic support.
(b) The Secretary of Defense may use funds other than appropriated
funds to pay for the expenses of arrangements with foreign countries for
cryptologic support without regard for the provisions of law relating to
the expenditure of United States Government funds, except that --
(1) no such funds may be expended, in whole or in part, by or for the
benefit of the Department of Defense for a purpose for which Congress
had previously denied funds; and
(2) proceeds from the sale of cryptologic items may be used only to
purchase replacement items similar to the items that are sold; and
(3) the authority provided by this subsection may not be used to
acquire items or services for the principal benefit of the United
States.
(c) Any funds expended under the authority of subsection (a) shall be
reported to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives pursuant to the provisions of title V of the National
Security Act of 1947 (50 U.S.C. 413 et seq.). Funds expended under the
authority of subsection (b) shall be reported pursuant to procedures
jointly agreed upon by such committees and the Secretary of Defense.
(Added Pub. L. 96-450, title IV, 401(a), Oct. 14, 1980, 94 Stat.
1977, 140a; amended Pub. L. 97-258, 3(b)(2), Sept. 13, 1982, 96 Stat.
1063; renumbered 128 and amended Pub. L. 99-433, title I, 101(a)(3),
110(d)(5), Oct. 1, 1986, 100 Stat. 994, 1002; renumbered 421, Pub. L.
100-26, 9(a)(2), Apr. 21, 1987, 101 Stat. 287; Pub. L. 100-453, title
VII, 701(a), Sept. 29, 1988, 102 Stat. 1911; Pub. L. 101-189, div. A,
title XVI, 1622(c)(3), Nov. 29, 1989, 103 Stat. 1604.)
The National Security Act of 1947, referred to in subsec. (c), is
act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of the
Act is classified generally to subchapter III ( 413 et seq.) of chapter
15 of Title 50, War and National Defense. For complete classification
of this Act to the Code, see Short Title note set out under section 401
of Title 50 and Tables.
1989 -- Subsec. (c). Pub. L. 101-189 substituted ''House of
Representatives pursuant to the provisions of title V of the National
Security Act of 1947 (50 U.S.C. 413 et seq.). Funds'' for ''House
pursuant to the provisions of title V of the National Security Act of
1947, as amended, and funds''.
1988 -- Pub. L. 100-453 struck out ''transfers'' after ''Funds'' in
section catchline and amended text generally. Prior to amendment, text
read as follows: ''The Secretary of Defense may use funds available to
the Department of Defense for intelligence and communications purposes
to pay for the expenses of arrangements with foreign countries for
cryptologic support.''
1987 -- Pub. L. 100-26 renumbered section 128 of this title as this
section.
1986 -- Pub. L. 99-433 renumbered section 140a of this title as
section 128 of this title and substituted ''Funds'' for ''Secretary of
Defense: funds'' in section catchline.
1982 -- Pub. L. 97-258 struck out provision that payments under this
section could be made without regard to section 3651 of the Revised
Statutes of the United States (31 U.S.C. 543).
10 USC 422. Counterintelligence official reception and representation
expenses
TITLE 10 -- ARMED FORCES
The Secretary of Defense may use funds available to the Department of
Defense for counterintelligence programs to pay the expenses of hosting
foreign officials in the United States under the auspices of the
Department of Defense for consultation on counterintelligence matters.
(Added Pub. L. 99-569, title IV, 401(c), Oct. 27, 1986, 100 Stat.
3195, 140a; renumbered 422, Pub. L. 100-26, 9(a)(3), Apr. 21, 1987,
101 Stat. 287.)
1987 -- Pub. L. 100-26 renumbered section 140a of this title as this
section.
10 USC 423. Authority to use proceeds from counterintelligence
operations of the military departments
TITLE 10 -- ARMED FORCES
(a) The Secretary of Defense may authorize, without regard to the
provisions of section 3302 of title 31, use of proceeds from
counterintelligence operations conducted by components of the military
departments to offset necessary and reasonable expenses, not otherwise
prohibited by law, incurred in such operations, and to make exceptional
performance awards to personnel involved in such operations, if use of
appropriated funds to meet such expenses or to make such awards would
not be practicable.
(b) As soon as the net proceeds from such counterintelligence
operations are no longer necessary for the conduct of those operations,
such proceeds shall be deposited into the Treasury as miscellaneous
receipts.
(c) The Secretary of Defense shall establish policies and procedures
to govern acquisition, use, management, and disposition of proceeds from
counterintelligence operations conducted by components of the military
departments, including effective internal systems of accounting and
administrative controls.
(Added Pub. L. 99-569, title IV, 403(a), Oct. 27, 1986, 100 Stat.
3196, 140b; renumbered 423 and amended Pub. L. 100-26, 9(a)(3),
(b)(3), Apr. 21, 1987, 101 Stat. 287.)
1987 -- Pub. L. 100-26 renumbered section 140b of this title as this
section and struck out ''United States Code,'' after ''section 3302 of
title 31,'' in subsec. (a).
10 USC 424. Disclosure of organizational and personnel information:
exemption for Defense Intelligence Agency
TITLE 10 -- ARMED FORCES
(a) Except as required by the President or as provided in subsection
(b), the Secretary of Defense may not be required to disclose
information with respect to --
(1) the organization or any function of the Defense Intelligence
Agency; or
(2) the number of persons employed by or assigned or detailed to such
Agency or the name, official title, occupational series, grade, or
salary of any such person.
(b) This section does not apply --
(1) with respect to the provision of information to Congress; or
(2) with respect to information required to be disclosed by section
552 or 552a of title 5.
(Added Pub. L. 100-178, title VI, 603(a), Dec. 2, 1987, 101 Stat.
1016, 1607; renumbered 424 and amended Pub. L. 100-453, title VII,
703(a), Sept. 29, 1988, 102 Stat. 1912.)
1988 -- Pub. L. 100-453 renumbered section 1607 of this title as
this section, substituted ''Disclosure of organizational and personnel
information: exemption for Defense Intelligence Agency'' for
''Exemption from disclosing organizational and personnel data'' in
section catchline, and amended text generally. Prior to amendment, text
read as follows: ''Notwithstanding the provisions of any other law, and
except as provided herein and as required by section 552 or section 552a
of title 5, United States Code, the Defense Intelligence Agency shall
not be required to disclose the organization or any function of the
Defense Intelligence Agency or the names, official titles, occupational
series, grades, salaries or numbers of personnel employed by such
Agency. This section shall not apply to information provided the
Congress.''
Pub. L. 102-496, title IV, 406, Oct. 24, 1992, 106 Stat. 3186,
provided that:
''(a) Exemption From Disclosure. -- Except as required by the
President or as provided in subsection (b), nothing in this Act or any
other provision of law shall be construed to require the disclosure of
the name, title, or salary of any person employed by, or assigned or
detailed to, the National Reconnaissance Office or the disclosure of the
number of such persons.
''(b) Provision of Information to Congress. -- Subsection (a) does
not apply with respect to the provision of information to Congress.''
10 USC SUBCHAPTER II -- INTELLIGENCE COMMERCIAL ACTIVITIES
TITLE 10 -- ARMED FORCES
Sec.
431. Authority to engage in commercial activities as security for
intelligence collection activities.
432. Use, disposition, and auditing of funds.
433. Relationship with other Federal laws.
434. Reservation of defenses and immunities.
435. Limitations.
436. Regulations.
437. Congressional oversight.
1992 -- Pub. L. 102-484, div. A, title X, 1052(1), Oct. 23, 1992,
106 Stat. 2499, inserted ''Sec.'' above item ''431''.
1991 -- Pub. L. 102-88, title V, 504(a)(2), Aug. 14, 1991, 105
Stat. 437, added subchapter heading and analysis of sections.
10 USC 431. Authority to engage in commercial activities as security
for intelligence collection activities
TITLE 10 -- ARMED FORCES
(a) Authority. -- The Secretary of Defense, subject to the provisions
of this subchapter, may authorize the conduct of those commercial
activities necessary to provide security for authorized intelligence
collection activities abroad undertaken by the Department of Defense.
No commercial activity may be initiated pursuant to this subchapter
after December 31, 1995.
(b) Interagency Coordination and Support. -- Any such activity shall
--
(1) be coordinated with, and (where appropriate) be supported by, the
Director of Central Intelligence; and
(2) to the extent the activity takes place within the United States,
be coordinated with, and (where appropriate) be supported by, the
Director of the Federal Bureau of Investigation.
(c) Definitions. -- In this subchapter:
(1) The term ''commercial activities'' means activities that are
conducted in a manner consistent with prevailing commercial practices
and includes --
(A) the acquisition, use, sale, storage and disposal of goods and
services;
(B) entering into employment contracts and leases and other
agreements for real and personal property;
(C) depositing funds into and withdrawing funds from domestic and
foreign commercial business or financial institutions;
(D) acquiring licenses, registrations, permits, and insurance; and
(E) establishing corporations, partnerships, and other legal
entities.
(2) The term ''intelligence collection activities'' means the
collection of foreign intelligence and counterintelligence information.
(Added Pub. L. 102-88, title V, 504(a)(2), Aug. 14, 1991, 105 Stat.
437.)
Section 504(b) of Pub. L. 102-88 provided that: ''The Secretary of
Defense may not authorize any activity under section 431 of title 10,
United States Code, as added by subsection (a), until the later of --
''(1) the end of the 90-day period beginning on the date of the
enactment of this Act (Aug. 14, 1991); or
''(2) the effective date of regulations first prescribed under
section 436 of such title, as added by subsection (a).''
10 USC 432. Use, disposition, and auditing of funds
TITLE 10 -- ARMED FORCES
(a) Use of Funds. -- Funds generated by a commercial activity
authorized pursuant to this subchapter may be used to offset necessary
and reasonable expenses arising from that activity. Use of such funds
for that purpose shall be kept to the minimum necessary to conduct the
activity concerned in a secure manner. Any funds generated by the
activity in excess of those required for that purpose shall be
deposited, as often as may be practicable, into the Treasury as
miscellaneous receipts.
(b) Audits. -- (1) The Secretary of Defense shall assign an
organization within the Department of Defense to have auditing
responsibility with respect to activities authorized under this
subchapter.
(2) That organization shall audit the use and disposition of funds
generated by any commercial activity authorized under this subchapter
not less often than annually. The results of all such audits shall be
promptly reported to the intelligence committees (as defined in section
437(d) of this title).
(Added Pub. L. 102-88, title V, 504(a)(2), Aug. 14, 1991, 105 Stat.
438.)
10 USC 433. Relationship with other Federal laws
TITLE 10 -- ARMED FORCES
(a) In General. -- Except as provided by subsection (b), a commercial
activity conducted pursuant to this subchapter shall be carried out in
accordance with applicable Federal law.
(b) Authorization of Waivers When Necessary to Maintain Security. --
(1) If the Secretary of Defense determines, in connection with a
commercial activity authorized pursuant to section 431 of this title,
that compliance with certain Federal laws or regulations pertaining to
the management and administration of Federal agencies would create an
unacceptable risk of compromise of an authorized intelligence activity,
the Secretary may, to the extent necessary to prevent such compromise,
waive compliance with such laws or regulations.
(2) Any determination and waiver by the Secretary under paragraph (1)
shall be made in writing and shall include a specification of the laws
and regulations for which compliance by the commercial activity
concerned is not required consistent with this section.
(3) The authority of the Secretary under paragraph (1) may be
delegated only to the Deputy Secretary of Defense, an Under Secretary of
Defense, an Assistant Secretary of Defense, or a Secretary of a military
department.
(c) Federal Laws and Regulations. -- For purposes of this section,
Federal laws and regulations pertaining to the management and
administration of Federal agencies are only those Federal laws and
regulations pertaining to the following:
(1) The receipt and use of appropriated and nonappropriated funds.
(2) The acquisition or management of property or services.
(3) Information disclosure, retention, and management.
(4) The employment of personnel.
(5) Payments for travel and housing.
(6) The establishment of legal entities or government
instrumentalities.
(7) Foreign trade or financial transaction restrictions that would
reveal the commercial activity as an activity of the United States
Government.
(Added Pub. L. 102-88, title V, 504(a)(2), Aug. 14, 1991, 105 Stat.
438.)
10 USC 434. Reservation of defenses and immunities
TITLE 10 -- ARMED FORCES
The submission to judicial proceedings in a State or other legal
jurisdiction, in connection with a commercial activity undertaken
pursuant to this subchapter, shall not constitute a waiver of the
defenses and immunities of the United States.
(Added Pub. L. 102-88, title V, 504(a)(2), Aug. 14, 1991, 105 Stat.
439.)
10 USC 435. Limitations
TITLE 10 -- ARMED FORCES
(a) Lawful Activities. -- Nothing in this subchapter authorizes the
conduct of any intelligence activity that is not otherwise authorized by
law or Executive order.
(b) Domestic Activities. -- Personnel conducting commercial activity
authorized by this subchapter may only engage in those activities in the
United States to the extent necessary to support intelligence activities
abroad.
(c) Providing Goods and Services to the Department of Defense. --
Commercial activity may not be undertaken within the United States for
the purpose of providing goods and services to the Department of
Defense, other than as may be necessary to provide security for the
activities subject to this subchapter.
(d) Notice to United States Persons. -- (1) In carrying out a
commercial activity authorized under this subchapter, the Secretary of
Defense may not permit an entity engaged in such activity to employ a
United States person in an operational, managerial, or supervisory
position, and may not assign or detail a United States person to perform
operational, managerial, or supervisory duties for such an entity,
unless that person is informed in advance of the intelligence security
purpose of that activity.
(2) In this subsection, the term ''United States person'' means an
individual who is a citizen of the United States or an alien lawfully
admitted to the United States for permanent residence.
(Added Pub. L. 102-88, title V, 504(a)(2), Aug. 14, 1991, 105 Stat.
439.)
10 USC 436. Regulations
TITLE 10 -- ARMED FORCES
The Secretary of Defense shall prescribe regulations to implement the
authority provided in this subchapter. Such regulations shall be
consistent with this subchapter and shall at a minimum --
(1) specify all elements of the Department of Defense who are
authorized to engage in commercial activities pursuant to this
subchapter;
(2) require the personal approval of the Secretary or Deputy
Secretary of Defense for all sensitive activities to be authorized
pursuant to this subchapter;
(3) specify all officials who are authorized to grant waivers of laws
or regulations pursuant to section 433(b) of this title, or to approve
the establishment or conduct of commercial activities pursuant to this
subchapter;
(4) designate a single office within the Defense Intelligence Agency
to be responsible for the management and supervision of all activities
authorized under this subchapter;
(5) require that each commercial activity proposed to be authorized
under this subchapter be subject to appropriate legal review before the
activity is authorized; and
(6) provide for appropriate internal audit controls and oversight for
such activities.
(Added Pub. L. 102-88, title V, 504(a)(2), Aug. 14, 1991, 105 Stat.
439.)
10 USC 437. Congressional oversight
TITLE 10 -- ARMED FORCES
(a) Proposed Regulations. -- Copies of regulations proposed to be
prescribed under section 436 of this title (including any proposed
revision to such regulations) shall be submitted to the intelligence
committees not less than 30 days before they take effect.
(b) Current Information. -- Consistent with title V of the National
Security Act of 1947 (50 U.S.C. 413 et seq.), the Secretary of Defense
shall ensure that the intelligence committees are kept fully and
currently informed of actions taken pursuant to this subchapter,
including any significant anticipated activity to be authorized pursuant
to this subchapter. The Secretary shall promptly notify the appropriate
committees of Congress whenever a corporation, partnership, or other
legal entity is established pursuant to this subchapter.
(c) Annual Report. -- Not later than January 15 of each year, the
Secretary shall submit to the appropriate committees of Congress a
report on all commercial activities authorized under this subchapter
that were undertaken during the previous fiscal year. Such report shall
include (with respect to the fiscal year covered by the report) --
(1) a description of any exercise of the authority provided by
section 433(b) of this title;
(2) a description of any expenditure of funds made pursuant to this
subchapter (whether from appropriated or non-appropriated funds); and
(3) a description of any actions taken with respect to audits
conducted pursuant to section 432 of this title to implement
recommendations or correct deficiencies identified in such audits.
(d) Intelligence Committees Defined. -- In this section, the term
''intelligence committees'' means the Select Committee on Intelligence
of the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives.
(Added Pub. L. 102-88, title V, 504(a)(2), Aug. 14, 1991, 105 Stat.
440.)
The National Security Act of 1947, referred to in subsec. (b), is
act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of the
Act is classified generally to subchapter III ( 413 et seq.) of chapter
15 of Title 50, War and National Defense. For complete classification
of this Act to the Code, see Short Title note set out under section 401
of Title 50 and Tables.
10 USC PART II -- PERSONNEL
TITLE 10 -- ARMED FORCES
Chap. Sec.
31.
Enlistments 501
32.
Officer Strength and Distribution in Grade 521
33.
Original Appointments of Regular Officers in Grades Above Warrant
Officer Grades 531
33A.
Appointment, Promotion, and Involuntary Separation and Retirement for
Members on the Warrant Officer Active-Duty List 571
34.
Appointments as Reserve Officers 591
35.
Temporary Appointments in Officer Grades 601
36.
Promotion, Separation, and Involuntary Retirement of Officers on the
Active-Duty List 611
37.
General Service Requirements 651
38.
Joint Officer Management 661
39.
Active Duty 671
40.
Leave 701
41.
Special Appointments, Assignments, Details, and Duties 711
43.
Rank and Command 741
45.
The Uniform 771
47.
Uniform Code of Military Justice 801
48.
Military Correctional Facilities 951
49.
Miscellaneous Prohibitions and Penalties 971
51.
Reserve Components: Standards and Procedures for Retention and
Promotion 1001
53.
Miscellaneous Rights and Benefits 1031
54.
Commissary and Exchange Benefits 1061
55.
Medical and Dental Care 1071
57.
Decorations and Awards 1121
58.
Benefits and Services for Members Being Separated or Recently
Separated 1141
59.
Separation 1161
60.
Separation of Regular Officers for Substandard Performance of Duty or
for Certain Other Reasons 1181
61.
Retirement or Separation for Physical Disability 1201
63.
Retirement for Age 1251
65.
Retirement of Warrant Officers for Length of Service 1293
67.
Retired Pay for Non-Regular Service 1331
69.
Retired Grade 1370
71.
Computation of Retired Pay 1401
73.
Annuities Based on Retired or Retainer Pay 1431
74.
Department of Defense Military Retirement Fund 1461
75.
Death Benefits 1475
77.
Posthumous Commissions and Warrants 1521
79.
Correction of Military Records 1551
(80.
lRepealed.)
81.
Civilian Employees 1581
83.
Defense Intelligence Agency Civilian Personnel 1601
85.
Procurement Management Personnel 1621
87.
Defense Acquisition Workforce 1701
89.
Volunteers Investing in Peace and Security 1801
Pub. L. 102-190, div. A, title X, 1061(a)(26)(C)(ii), Dec. 5,
1991, 105 Stat. 1474, provided that, effective Oct. 1, 1993, this
analysis is amended by striking out the item for chapter 85.
1992 -- Pub. L. 102-484, div. A, title XIII, 1322(a)(2), Oct. 23,
1992, 106 Stat. 2553, added item for chapter 89.
1991 -- Pub. L. 102-190, div. A, title XI, 1112(b)(2), Dec. 5,
1991, 105 Stat. 1501, substituted ''Original Appointments of Regular
Officers in Grades Above Warrant Officer Grades'' for ''Appointments in
Regular Components'' in item for chapter 33 and added item for chapter
33A.
Pub. L. 102-25, title VII, 701(e)(1), Apr. 6, 1991, 105 Stat. 114,
added item for chapter 85.
1990 -- Pub. L. 101-510, div. A, title V, 502(a)(2), title XII,
1202(b), Nov. 5, 1990, 104 Stat. 1557, 1656, added items for chapters
58 and 87 and struck out item for chapter 85 ''Procurement Management
Personnel''.
1988 -- Pub. L. 100-370, 1(c)(3), July 19, 1988, 102 Stat. 841,
added item for chapter 54.
1986 -- Pub. L. 99-433, title IV, 401(b), Oct. 1, 1986, 100 Stat.
1030, added item for chapter 38.
1985 -- Pub. L. 99-145, title IX, 924(a)(2), Nov. 8, 1985, 99
Stat. 698, added item for chapter 85.
1983 -- Pub. L. 98-94, tile IX, 925(a)(2), title XII, 1268(15),
Sept. 24, 1983, 97 Stat. 648, 707, added item for chapter 74, and
substituted ''or'' for ''and'' in item for chapter 60.
1981 -- Pub. L. 97-89, title VII, 701(a)(2), Dec. 4, 1981, 95
Stat. 1160, added item for chapter 83.
1980 -- Pub. L. 96-513, title V, 501(1), 511(29), (54)(B), Dec.
12, 1980, 94 Stat. 2907, 2922, 2925, added item for chapter 32,
substituted ''531'' for ''541'' as section number in item for chapter
33, substituted ''34'' for ''35'' as chapter number of chapter relating
to appointments as reserve officers, added items for chapters 35 and 36,
substituted ''Reserve Components: Standards and Procedures for
Retention and Promotion'' for ''Retention of Reserves'' in item for
chapter 51, added item for chapter 60, substituted ''1251'' for ''1255''
as section number in item for chapter 63, substituted ''Retirement of
Warrant Officers'' for ''Retirement'' in item for chapter 65,
substituted ''1370'' for ''1371'' as section number in item for chapter
69, and amended item for chapter 73 to read: ''Annuities Based on
Retired or Retainer Pay''.
1972 -- Pub. L. 92-425, 2, Sept. 21, 1972, 86 Stat. 711, amended
item for chapter 73 by inserting ''; Survivor Benefit Plan'' after
''Pay'' which could not be executed as directed in view of amendment by
Pub. L. 87-381. See 1961 Amendment note below.
1968 -- Pub. L. 90-377, 2, July 5, 1968, 82 Stat. 288, added item
for chapter 48.
1967 -- Pub. L. 90-83, 3(2), Sept. 11, 1967, 81 Stat. 220, struck
out item for chapter 80 ''Exemplary Rehabilitation Certificates''.
1966 -- Pub. L. 89-690, 2, Oct. 15, 1966, 80 Stat. 1017, added
item for chapter 80.
1962 -- Pub. L. 87-649, 3(2), Sept. 7, 1962, 76 Stat. 493, added
item for chapter 40.
1961 -- Pub. L. 87-381, 1(2), Oct. 4, 1961, 75 Stat. 810,
substituted ''Retired Servicemen's Family Protection Plan'' for
''Annuities Based on Retired or Retainer Pay'' in item for chapter 73.
1958 -- Pub. L. 85-861, 1(21), (26), (33), 33(a)(4)(B), Sept. 2,
1958, 72 Stat. 1443, 1450, 1455, 1564, substituted ''General Service
Requirements'' for ''Service Requirements for Reserves'' in item for
chapter 37, ''971'' for ''(No present sections)'' in item for chapter
49, ''Medical and Dental Care'' for ''Voting by Members of Armed
Forces'' in item for chapter 55, and struck out ''Care of the Dead'' and
substituted ''1475'' for ''1481'' in item for chapter 75.
Particular provisions relating to personnel --
Coast Guard, see section 211 et seq. of Title 14, Coast Guard.
National Guard, see section 301 et seq. of Title 32, National Guard.
Naval Reserve and Marine Corps Reserve, see section 5413 et seq. of
this title.
10 USC CHAPTER 31 -- ENLISTMENTS
TITLE 10 -- ARMED FORCES
Sec.
501. Definition.
502. Enlistment oath: who may administer.
503. Enlistments: recruiting campaigns; compilation of directory
information.
504. Persons not qualified.
505. Regular components: qualifications, term, grade.
506. Regular components: extension of enlistments during war.
507. Extension of enlistment for members needing medical care or
hospitalization.
508. Reenlistment: qualifications.
509. Voluntary extension of enlistments: periods and benefits.
510. Reserve components: qualifications.
511. Reserve components: terms.
512. Reserve components: transfers.
513. Enlistments: Delayed Entry Program.
514. Bounties prohibited; substitutes prohibited.
515. Reenlistment after discharge as warrant officer.
516. Effect upon enlisted status of acceptance of appointment as
cadet or midshipman.
517. Authorized daily average: members in pay grades E-8 and E-9.
518. Temporary enlistments.
519. Temporary enlistments: during war or emergency.
520. Limitation on enlistment and induction of persons whose score
on the Armed Forces Qualification Test is below a prescribed level.
520a. Criminal history information for military recruiting purposes.
520b. Applicants for enlistment: authority to use funds for the
issue of authorized articles.
1989 -- Pub. L. 101-189, div. A, title V, 501(a)(2), Nov. 29,
1989, 103 Stat. 1435, added item 513.
1985 -- Pub. L. 99-145, title XIII, 1303(a)(4)(B), Nov. 8, 1985,
99 Stat. 738, substituted ''enlistment'' for ''enlistments'' in item
520b.
1984 -- Pub. L. 98-525, title XIV, 1401(a)(2), Oct. 19, 1984, 98
Stat. 2614, added item 520b.
1982 -- Pub. L. 97-252, title XI, 1114(b)(3), (c)(2), Sept. 8,
1982, 96 Stat. 749, 750, inserted ''; compilation of directory
information'' in item 503, and added item 520a.
1980 -- Pub. L. 96-342, title III, 302(b)(2), Sept. 8, 1980, 94
Stat. 1083, added item 520.
1968 -- Pub. L. 90-623, 2(2), Oct. 22, 1968, 82 Stat. 1314,
struck out ''or national emergency'' after ''extension of enlistments
during war'' in item 506.
Pub. L. 90-235, 2(a)(1)(C), Jan. 2, 1968, 81 Stat. 755,
redesignated item 501 as 502, and added items 501, 503 to 509, 518 and
519.
1962 -- Pub. L. 87-649, 2(2), Sept. 7, 1962, 76 Stat. 492, added
item 517.
1958 -- Pub. L. 85-861, 1(9)(B), (C), Sept. 2, 1958, 72 Stat.
1440, struck out item 513 ''Reserve components: promotions'' and added
item 516.
Particular provisions relating to enlistments --
Air Force, see section 8251 et seq. of this title.
Army, see section 3251 et seq. of this title.
Coast Guard, see section 351 et seq. of Title 14, Coast Guard.
National Guard, see sections 302 to 304 and 313 of Title 32, National
Guard.
10 USC 501. Definition
TITLE 10 -- ARMED FORCES
In this chapter ''enlistment'' means original enlistment or
reenlistment.
(Added Pub. L. 90-235, 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 753.)
A former section 501 of this title was redesignated 502 by Pub. L.
90-235, 2(a)(1)(A), Jan. 2, 1968, 81 Stat. 753.
10 USC 502. Enlistment oath: who may administer
TITLE 10 -- ARMED FORCES
Each person enlisting in an armed force shall take the following
oath:
''I, XXXXXXXXXX, do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the
same; and that I will obey the orders of the President of the United
States and the orders of the officers appointed over me, according to
regulations and the Uniform Code of Military Justice. So help me God.''
This oath may be taken before any commissioned officer of any armed
force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 17, 501; Oct. 5, 1962, Pub. L.
87-751, 1, 76 Stat. 748; renumbered 502, Jan. 2, 1968, Pub. L.
90-235, 2(a)(1)(A), 81 Stat. 753; Nov. 29, 1989, Pub. L. 101-189, div.
A, title VI, 653(a)(1), 103 Stat. 1462.)
The words ''or affirmation'' are omitted as covered by the definition
of the word ''oath'' in section 1 of title 1. The words ''of any armed
force'' are inserted in the last sentence, since they are necessarily
implied by their use in the source statute.
The Uniform Code of Military Justice, referred to in the oath, is
classified to chapter 47 ( 801 et seq.) of this title.
1989 -- Pub. L. 101-189 struck out ''or affirmation'' after ''This
oath''.
1962 -- Pub. L. 87-751 substituted ''support and defend the
Constitution of the United States against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the same'' for
''bear true faith and allegiance to the United States of America; that
I will serve them honestly and faithfully against all their enemies
whomsoever'' and inserted ''So help me God'' in the oath, and ''or
affirmation'' in text.
Section 3 of Pub. L. 87-751 provided that: ''This Act (amending
this section and section 304 of Title 32, National Guard) does not
affect any oath taken before one year after its enactment (Oct. 5,
1962).''
Authority to administer oath, see section 1031 of this title.
National Guard, enlistment oath, see section 304 of Title 32,
National Guard.
''Oath'' as including affirmation, see section 1 of Title 1, General
Provisions.
Uniform Code of Military Justice, see section 801 et seq. of this
title.
10 USC 503. Enlistments: recruiting campaigns; compilation of
directory information
TITLE 10 -- ARMED FORCES
(a) The Secretary concerned shall conduct intensive recruiting
campaigns to obtain enlistments in the Regular Army, Regular Navy,
Regular Air Force, Regular Marine Corps, and Regular Coast Guard.
(b)(1) The Secretary of Defense may collect and compile directory
information pertaining to each student who is 17 years of age or older
or in the eleventh grade (or its equivalent) or higher and who is
enrolled in a secondary school in the United States or its territories,
possessions, or the Commonwealth of Puerto Rico.
(2) The Secretary may make directory information collected and
compiled under this subsection available to the armed forces for
military recruiting purposes. Such information may not be disclosed for
any other purpose.
(3) Directory information pertaining to any person may not be
maintained for more than 3 years after the date the information
pertaining to such person is first collected and compiled under this
subsection.
(4) Directory information collected and compiled under this
subsection shall be confidential, and a person who has had access to
such information may not disclose such information except for the
purposes described in paragraph (2).
(5) The Secretary of Defense shall prescribe regulations to carry out
this subsection. Regulations prescribed under this subsection shall be
submitted to the Committees on Armed Services of the Senate and House of
Representatives. Regulations prescribed by the Secretaries concerned to
carry out this subsection shall be as uniform as practicable.
(6) Nothing in this subsection shall be construed as requiring, or
authorizing the Secretary of Defense to require, that any educational
institution furnish directory information to the Secretary.
(7) In this subsection, ''directory information'' means, with respect
to a student, the student's name, address, telephone listing, date and
place of birth, level of education, degrees received, and the most
recent previous educational agency or institution attended by the
student.
(Added Pub. L. 90-235, 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754;
amended Pub. L. 97-252, title XI, 1114(b)(1), (2), Sept. 8, 1982, 96
Stat. 749.)
1982 -- Pub. L. 97-252, 1114(b)(2), inserted ''; compilation of
directory information'' in section catchline.
Subsec. (a). Pub. L. 97-252, 1114(b)(1)(A), designated existing
provisions as subsec. (a).
Subsec. (b). Pub. L. 97-252, 1114(b)(1)(B), added subsec. (b).
Section 1114(a) of Pub. L. 97-252 provided that: ''The Congress
finds that in order for Congress to carry out effectively its
constitutional authority to raise and support armies, it is essential --
''(1) that the Secretary of Defense obtain and compile directory
information pertaining to students enrolled in secondary schools
throughout the United States; and
''(2) that such directory information be used only for military
recruiting purposes and be retained in the case of each person with
respect to whom such information is obtained and compiled for a limited
period of time.''
Pub. L. 96-342, title III, 302(d), Sept. 8, 1980, 94 Stat. 1083,
provided that: ''It is the sense of the Congress --
''(1) that secondary educational institutions in the United States,
the Commonwealth of Puerto Rico, and the territories of the United
States should cooperate with the Armed Forces by allowing recruiting
personnel access to such institutions; and
''(2) that it is appropriate for such institutions to release to the
Armed Forces information regarding students at such institutions
(including such data as names, addresses, and education levels) which is
relevant to recruiting individuals for service in the Armed Forces.''
10 USC 504. Persons not qualified
TITLE 10 -- ARMED FORCES
No person who is insane, intoxicated, or a deserter from an armed
force, or who has been convicted of a felony, may be enlisted in any
armed force. However, the Secretary concerned may authorize exceptions,
in meritorious cases, for the enlistment of deserters and persons
convicted of felonies.
(Added Pub. L. 90-235, 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754.)
10 USC 505. Regular components: qualifications, term, grade
TITLE 10 -- ARMED FORCES
(a) The Secretary concerned may accept original enlistments in the
Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or
Regular Coast Guard, as the case may be, of qualified, effective, and
able-bodied persons who are not less than seventeen years of age nor
more than thirty-five years of age. However, no person under eighteen
years of age may be originally enlisted without the written consent of
his parent or guardian, if he has a parent or guardian entitled to his
custody and control.
(b) A person is enlisted in the Regular Army, Regular Navy, Regular
Air Force, Regular Marine Corps, or Regular Coast Guard in the grade or
rating prescribed by the Secretary concerned.
(c) The Secretary concerned may accept original enlistments of
persons for the duration of their minority or for a period of at least
two but not more than six years, in the Regular Army, Regular Navy,
Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the
case may be.
(d) The Secretary concerned may accept reenlistments in the Regular
Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular
Coast Guard, as the case may be, for period of at least two but not more
than six years. No enlisted member is entitled to be reenlisted for a
period that would expire before the end of his current enlistment.
(Added Pub. L. 90-235, 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754;
amended Pub. L. 93-290, May 24, 1974, 88 Stat. 173; Pub. L. 95-485,
title VIII, 820(a), Oct. 20, 1978, 92 Stat. 1627; Pub. L. 98-94, title
X, 1023, Sept. 24, 1983, 97 Stat. 671.)
1983 -- Subsecs. (c), (d). Pub. L. 98-94 substituted ''at least two
but not more than six years'' for ''two, three, four, five, or six
years''.
1978 -- Subsecs. (d), (e). Pub. L. 95-485 redesignated subsec. (e)
as (d). Former subsec. (d), which provided that in the Regular Army
female persons may be enlisted only in the Women's Army Corps, was
struck out.
1974 -- Subsec. (a). Pub. L. 93-290, 1, struck out provisions which
prohibited the Secretary from accepting original enlistments from female
persons less than 18 years of age, and which required consent of the
parent or guardian for an original enlistment of a female person under
21 years of age.
Subsec. (c). Pub. L. 93-290, 2, substituted provisions permitting
the Secretary to accept original enlistments of persons for the duration
of their minority or for a period of two, three, four, five, or six
years, for provisions which limited the Secretary to accept original
enlistments from male persons for the duration of their minority or for
a period of two, three, four, five, or six years, and from female
persons for a period of two, three, four, five, or six years.
10 USC 506. Regular components: extension of enlistments during war
TITLE 10 -- ARMED FORCES
An enlistment in the Regular Army, Regular Navy, Regular Air Force,
Regular Marine Corps, or Regular Coast Guard in effect at the beginning
of a war, or entered into during a war, unless sooner terminated by the
President, continues in effect until six months after the termination of
that war.
(Added Pub. L. 90-235, 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754.)
10 USC 507. Extension of enlistment for members needing medical care
or hospitalization
TITLE 10 -- ARMED FORCES
(a) An enlisted member of an armed force on active duty whose term of
enlistment expires while he is suffering from disease or injury incident
to service and not due to his misconduct, and who needs medical care or
hospitalization, may be retained on active duty, with his consent, until
he recovers to the extent that he is able to meet the physical
requirements for reenlistment, or it is determined that recovery to that
extent is impossible.
(b) This section does not prevent the retention in service, without
his consent, of an enlisted member of an armed force under section 972
of this title.
(Added Pub. L. 90-235, 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 754.)
10 USC 508. Reenlistment: qualifications
TITLE 10 -- ARMED FORCES
(a) No person whose service during his last term of enlistment was
not honest and faithful may be reenlisted in an armed force. However,
the Secretary concerned may authorize the reenlistment in the armed
force under his jurisdiction of such a person if his conduct after that
service has been good.
(b) A person discharged from a Regular component may be reenlisted in
the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps,
or Regular Coast Guard, as the case may be, under such regulations as
the Secretary concerned may prescribe.
(c) This section does not deprive a person of any right to be
reenlisted in the Regular Army, Regular Navy, Regular Air Force, Regular
Marine Corps, or Regular Coast Guard under any other provision of law.
(Added Pub. L. 90-235, 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.)
10 USC 509. Voluntary extension of enlistments: periods and benefits
TITLE 10 -- ARMED FORCES
(a) Under such regulations as the Secretary concerned may prescribe,
the term of enlistment of a member of an armed force may be extended or
reextended with his written consent for any period. However, the total
of all such extensions of an enlistment may not exceed four years.
(b) When a member is discharged from an enlistment that has been
extended under this section, he has the same rights, privileges, and
benefits that he would have if discharged at the same time from an
enlistment not so extended.
(Added Pub. L. 90-235, 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.)
10 USC 510. Reserve components: qualifications
TITLE 10 -- ARMED FORCES
(a) To become an enlisted member of a reserve component a person must
be enlisted as a Reserve of an armed force and subscribe to the oath
prescribed by section 502 of this title, or be transferred to that
component according to law. In addition, to become an enlisted member
of the Army National Guard of the United States or the Air National
Guard of the United States, he must meet the requirements of section
3261 or 8261 of this title.
(b) Except as otherwise provided by law, the Secretary concerned
shall prescribe physical, mental, moral, professional, and age
qualifications for the enlistment of persons as Reserves of the armed
forces under his jurisdiction. However, no person may be enlisted as a
Reserve unless --
(1) he is a citizen of the United States or has been lawfully
admitted to the United States for permanent residence under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or
(2) he has previously served in the armed forces or in the National
Security Training Corps.
(c) Women may be enlisted as Reserves of the armed forces. Women are
enlisted in the grades and ratings authorized for enlisted women of the
regular component of the armed force concerned. Any female former
enlisted member of an armed force may, if otherwise qualified, be
enlisted as a Reserve of that armed force in the highest grade or rating
in which she previously served satisfactorily on active duty (other than
for training).
(d) A person who is otherwise qualified, but who has a physical
defect that the Secretary concerned determines will not interfere with
the performance of the duties to which that person may be assigned, may
be enlisted as a Reserve of any armed force under the jurisdiction of
that Secretary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 17; Dec. 23, 1963, Pub. L.
88-236, 77 Stat. 474; Nov. 8, 1967, Pub. L. 90-130, 1(2), 81 Stat.
374; Oct. 22, 1968, Pub. L. 90-623, 2(3), 82 Stat. 1314; Dec. 12,
1980, Pub. L. 96-513, title V, 511(13), 94 Stat. 2921.)
In subsection (a), the last sentence is inserted to reflect sections
3261 and 8261 of this title.
In subsection (b), the word ''However'' is substituted for the words
''Subject to the limitation that''. The words ''as Reserves in the
armed forces under his jurisdiction'' are substituted for the words ''of
Reserve members of the Armed Forces of the United States''. The words
''its Territories'' are omitted as surplusage, since citizens of the
Territories are citizens of the United States.
In subsection (c), the words ''armed force concerned'' are
substituted for the words ''of the appropriate Armed Force of the United
States''. The words ''in which she previously served satisfactorily''
are substituted for the words ''satisfactorily held by her''.
In subsection (d), the words ''under the jurisdiction of that
Secretary'' are inserted for clarity. The words ''general or special''
are omitted as surplusage.
The Immigration and Nationality Act, referred to in subsec. (b)(1),
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 ( 1101 et seq.) of Title 8, Aliens
and Nationality. For complete classification of this Act to the Code,
see Short Title note set out under section 1101 of Title 8 and Tables.
1980 -- Subsec. (b)(1). Pub. L. 96-513 substituted ''the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.)'' for ''chapter 12 of title
8''.
1968 -- Subsec. (a). Pub. L. 90-623 substituted ''section 502'' for
''section 501''.
1967 -- Subsec. (c). Pub. L. 90-130 struck out provision limiting
the reserve components in which women may be enlisted as Reserves of the
armed forces to the Army Reserve, Naval Reserve, Air Force Reserve,
Marine Corps Reserve, and Coast Guard Reserve.
1963 -- Subsec. (b)(1). Pub. L. 88-236 substituted ''he is a citizen
of the United States or has been lawfully admitted to the United States
for permanent residence under chapter 12 of title 8'' for ''he is, or
has made a declaration of intention to become, a citizen of the United
States or of a possession thereof''.
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.
Amendment by Pub. L. 90-623 intended to restate without substantive
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L.
90-623, set out as a note under section 5334 of Title 5, Government
Organization and Employees.
Pub. L. 99-661, div. A, title V, 523, Nov. 14, 1986, 100 Stat.
3871, as amended by Pub. L. 100-180, div. A, title V, 503, Dec. 4,
1987, 101 Stat. 1085; Pub. L. 101-189, div. A, title V, 504, Nov.
29, 1989, 103 Stat. 1437, which provided that, in determining under
section 510 of title 10 whether a person who is applying to enlist in a
reserve component of the Armed Forces upon discharge or release from
active duty is qualified for enlistment as a Reserve of an Armed Force,
the Secretary concerned may not disqualify the person because the person
is a single parent if the person is otherwise qualified for enlistment,
the person became a single parent while serving on active duty, and the
person's status as a single parent was not a factor in the person's
discharge or release from active duty, with provision that the
requirements imposed with respect to parenthood not be more stringent
than those imposed on a member who becomes a single parent during the
term of the member's enlistment, and with provision defining ''single
parent'' as a person who is not married and who has custody of a child
under the age of 18 pursuant to a court order, expired on Sept. 30,
1991.
Declaration of intention to become citizen of United States, see
section 1445 of Title 8, Aliens and Nationality.
National Security Training Corps, see section 454 of Appendix to
Title 50, War and National Defense.
Transfers --
Air Force Reserve, see sections 8259, 8260 of this title.
Army Reserve, see sections 3259, 3260 of this title.
Reserve components, see section 512 of this title.
Standby Reserve, see section 269 of this title.
10 USC 511. Reserve components: terms
TITLE 10 -- ARMED FORCES
(a) Except as otherwise prescribed by law, enlistments as Reserves
are for terms prescribed by the Secretary concerned. However, an
enlistment that is in effect at the beginning of a war or of a national
emergency declared by Congress, or entered into during such a war or
emergency, and that would otherwise expire, continues in effect until
the expiration of six months after the end of that war or emergency,
whichever is later, unless sooner terminated by the Secretary concerned.
(b) Under regulations to be prescribed by the Secretary of Defense,
and by the Secretary of Transportation with respect to the Coast Guard
when it is not operating as a service in the Navy, a person who is
qualified for enlistment for active duty in an armed force, and who is
not under orders to report for induction into an armed force under the
Military Selective Service Act (50 U.S.C. App. 451 et seq.), may be
enlisted as a Reserve for service in the Army Reserve, Naval Reserve,
Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a
term of not less than six years nor more than eight years. Each person
enlisted under this subsection shall serve --
(1) on active duty for a period of not less than two years; and
(2) the rest of his period of enlistment as a member of the Ready
Reserve.
(c) In time of war or of national emergency declared by Congress the
term of service of an enlisted member transferred to a reserve component
according to law, that would otherwise expire, continues until the
expiration of six months after the end of that war or emergency,
whichever is later, unless sooner terminated by the Secretary concerned.
(d) Under regulations to be prescribed by the Secretary of Defense,
or the Secretary of Transportation with respect to the Coast Guard when
it is not operating as a service in the Navy, a non-prior-service person
who is qualified for induction for active duty in an armed force and who
is not under orders to report for induction into an armed force under
the Military Selective Service Act (50 U.S.C. App. 451 et seq.), except
as provided in section 6(c)(2)(A)(ii) and (iii) of such Act, may be
enlisted in the Army National Guard or the Air National Guard, or as a
Reserve for service in the Army Reserve, Naval Reserve, Air Force
Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a term of not
less than six years nor more than eight years. Each person enlisted
under this subsection shall perform an initial period of active duty for
training of not less than twelve weeks to commence insofar as
practicable within 270 days after the date of that enlistment.
(Aug. 10, 1956, ch. 1041, 70A Stat. 18; Sept. 2, 1958, Pub. L.
85-861, 1(8), 72 Stat. 1439; Sept. 3, 1963, Pub. L. 88-110, 3, 77
Stat. 135; Dec. 1, 1967, Pub. L. 90-168, 2(11), 81 Stat. 523; Oct.
7, 1975, Pub. L. 94-106, title VIII, 802(a), 89 Stat. 537; Oct. 20,
1978, Pub. L. 95-485, title IV, 405(c)(1), 92 Stat. 1615; Nov. 9,
1979, Pub. L. 96-107, title VIII, 805(a), 93 Stat. 812; Dec. 12, 1980,
Pub. L. 96-513, title V, 511(14), 94 Stat. 2921; Sept. 8, 1982, Pub.
L. 97-252, title XI, 1115(a), 96 Stat. 750; Oct. 12, 1982, Pub. L.
97-295, 1(6), 96 Stat. 1289; Sept. 24, 1983, Pub. L. 98-94, title X,
1022(a)(1), 97 Stat. 670.)
In subsection (a), the first sentence is substituted for 50:951(a).
The words ''as Reserves in the Armed Forces of the United States'' and
''the existence of'' are omitted as surplusage.
In subsections (a) and (b), the word ''hereafter'' is omitted as
surplusage. The words ''the expiration of'' are inserted for clarity.
In subsection (b), the word ''continues'' is substituted for the
words ''shall * * * be extended''.
In subsection (b), the words ''respectively, pursuant to the
provisions of this section'' are omitted as surplusage. The words ''as
a Reserve for service'' are inserted to reflect section 510 of this
title. The last six words of the first sentence are substituted for
50:1012(b) (1st sentence).
The Military Selective Service Act, referred to in subsecs. (b) and
(d), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is
classified principally to section 451 et seq. of Title 50, Appendix,
War and National Defense. Section 6 of such Act, referred to in subsec.
(d), is classified to section 456 of Title 50, Appendix. For complete
classification of this Act to the Code, see References in Text note set
out under section 451 of Title 50, Appendix, and Tables.
1983 -- Subsec. (b). Pub. L. 98-94, 1022(a)(1)(A), substituted
''not less than six years nor more than eight years'' for ''six years''.
Subsec. (d). Pub. L. 98-94, 1022(a)(1)(B), substituted ''not less
than six years nor more than eight years'' for ''six years''.
1982 -- Subsec. (b). Pub. L. 97-295 substituted ''(50 U.S.C. App.
451 et seq.)'' for ''(50 U.S.C. App. 451-473)'' after ''Military
Selective Service Act''.
Subsec. (d). Pub. L. 97-252 extended to 270 from 180 days requirement
for commencement of initial period of active duty for training after
date of enlistment.
1980 -- Subsec. (d). Pub. L. 96-513 substituted ''Military Selective
Service Act (50 U.S.C. App. 451 et seq.)'' for ''Military Selective
Service Act of 1967 (50 App. U.S.C. 451-473)''.
1979 -- Subsec. (d). Pub. L. 96-107 struck out requirement that a
non-prior-service person be under 26 years of age.
1978 -- Subsec. (b). Pub. L. 95-485, in provision preceding cl.
(1), substituted ''the Secretary of Defense, and by the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy'' for ''the Secretary concerned'' and ''the
Military Selective Service Act (50 U.S.C. App. 451-473)'' for ''sections
451-473 of title 50, appendix'', in cl. (1), substituted ''not less
than two years; and'' for ''two years;'', struck out former cl. (2),
requiring a person enlisted under this subsec. to serve satisfactorily
as a member of the Ready Reserve for a period which when added to his
active duty under cl. (1) totals five years, redesignated former cl.
(3) as (2), and in cl. (2) as so redesignated, substituted ''Ready
Reserve'' for ''Standby Reserve''.
1975 -- Subsec. (d). Pub. L. 94-106 reduced initial period of active
duty for training for persons enlisted under this subsection from four
months to twelve weeks.
1967 -- Subsec. (d). Pub. L. 90-168 substituted the Secretary of
Transportation for the Secretary of the Treasury as the prescribing
authority for regulations covering the Coast Guard when not operating as
part of the Navy, inserted exception as provided in section
6(c)(2)(A)(ii) and (iii) of the Military Selective Service Act of 1967,
added requirement that the initial period of four months' service
commence insofar as practicable within 180 days after the date of
enlistment, and struck out provision that the remainder of the period of
service after the initial period of four months be served, subject to
section 269(e)(4) of this title, as a member of the Ready Reserve.
1963 -- Subsec. (d). Pub. L. 88-110 added subsec. (d).
1958 -- Subsecs. (b), (c). Pub. L. 85-861, 1(8)(A), added subsec.
(b) and redesignated former subsec. (b) as (c).
Section 1022(a)(2) of Pub. L. 98-94 provided that: ''The amendments
made by paragraph (1) (amending this section) shall apply only with
respect to persons who enlist under the authority of subsection (b) or
(d) of section 511 of title 10, United States Code, 60 or more days
after the date of the enactment of this Act (Sept. 24, 1983).''
Section 1115(b) of Pub. L. 97-252 provided that: ''The amendment
made by this section (amending this section) shall be effective with
respect to persons enlisting in a reserve component of the Armed Forces
after the end of the ninety-day period beginning on the date of the
enactment of this Act (Sept. 8, 1982).''
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.
Section 805(c) of Pub. L. 96-107 provided that: ''The amendments
made by this section (amending this section and section 651 of this
title) shall apply only to individuals who become members of an Armed
Force after the date of the enactment of this Act (Nov. 9, 1979).''
Section 405(c)(2) of Pub. L. 95-485 provided that: ''The amendments
made by paragraph (1) (amending this section) shall not apply with
respect to a person who enlisted as a Reserve for service in the Armed
Forces under section 511(b) of title 10, United States Code, before the
date of the enactment of this Act (Oct. 20, 1978).''
For effective date of amendment by Pub. L. 90-168, see section 7 of
Pub. L. 90-168, set out as a note under section 136 of this title.
Extension of enlistment term of officer candidates, see section 600
of this title.
sections 3002, 3202, 3452, 3501; title 50 App.
section 456.
10 USC 512. Reserve components: transfers
TITLE 10 -- ARMED FORCES
(a) A person who would otherwise be required to be transferred to a
reserve component under section 651 of this title or under the Military
Selective Service Act (50 U.S.C. App. 451 et seq.), is entitled, if he
is qualified and accepted, to be enlisted in any armed force that he
chooses and to participate in the programs authorized for that armed
force. However, unless the two Secretaries concerned consent, he may
not be enlisted as a Reserve of an armed force other than that from
which he is transferred. All periods of his participation shall be
credited against the total period of service required of him under
section 651 of this title or under the Military Selective Service Act
(50 U.S.C. App. 451 et seq.). However, no period may be credited more
than once.
(b) A person covered by subsection (a) shall perform the rest of his
required term of service in the armed force in which he is so enlisted
or in any other armed force in which he is later enlisted or appointed.
(c) This section does not change any term of service under an
appointment, enlistment, or agreement, including an agreement made
before or at the time when the member entered upon a program authorized
by an armed force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 18; Dec. 12, 1980, Pub. L.
96-513, title V, 511(15), 94 Stat. 2921.)
In subsection (a), the words ''is entitled * * * to be enlisted in
any armed force that he chooses'' are substituted for the words ''shall
* * * be permitted to enlist * * * in such Armed Force of the United
States as he may elect''. The second sentence is substituted for
50:929(a) (words within parentheses). The words ''of an Armed Force of
the United States'' are omitted as surplusage.
In subsection (b), the word ''rest'' is substituted for the words
''remaining period''. The words ''be required to'' are omitted as
surplusage.
In subsection (c), the words ''This section does not'' are
substituted for the words ''Nothing in this section shall be
construed''. The word ''change'' is substituted for the words ''reduce,
limit, or modify''. The words ''which any person may undertake to
perform'' are omitted as surplusage.
The Military Selective Service Act, referred to in subsec. (a), is
act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is
classified principally to section 451 et seq. of Title 50, Appendix,
War and National Defense. For complete classification of this Act to
the Code, see References in Text note set out under section 451 of Title
50, Appendix, and Tables.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''the Military
Selective Service Act (50 U.S.C. App. 451 et seq.)'' for ''sections
451-473 of title 50, appendix'' wherever appearing.
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.
Active duty agreements, see sections 679, 680 of this title.
10 USC 513. Enlistments: Delayed Entry Program
TITLE 10 -- ARMED FORCES
(a) A person with no prior military service who is qualified under
section 505 of this title and applicable regulations for enlistment in a
regular component of an armed force may (except as provided in
subsection (c)) be enlisted as a Reserve for service in the Army
Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or
Coast Guard Reserve for a term of not less than six years nor more than
eight years.
(b) Unless sooner ordered to active duty under chapter 39 of this
title or another provision of law, a person enlisted under subsection
(a) shall, within 365 days after such enlistment, be discharged from the
reserve component in which enlisted and immediately be enlisted in the
regular component of an armed force. During the period beginning on the
date on which the person enlists under subsection (a) and ending on the
date on which the person is enlisted in a regular component under the
preceding sentence, the person shall be in the Ready Reserve of the
armed force concerned.
(c) A person who is under orders to report for induction into an
armed force under the Military Selective Service Act (50 U.S.C. App.
451 et seq.), except as provided in clause (ii) or (iii) of section
6(c)(2)(A) of that Act, may not be enlisted under subsection (a).
(d) This section shall be carried out under regulations to be
prescribed by the Secretary of Defense or the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy.
(Added Pub. L. 101-189, div. A, title V, 501(a)(1), Nov. 29, 1989,
103 Stat. 1435; amended Pub. L. 101-510, div. A, title XIV,
1484(k)(2), Nov. 5, 1990, 104 Stat. 1719.)
The Military Selective Service Act, referred to in subsec. (c), is
act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is
classified principally to section 451 et seq. of the Appendix to Title
50, War and National Defense. Section 6 of such Act, is classified to
section 456 of the Appendix to Title 50. For complete classification of
this Act to the Code, see References in Text note set out under section
451 of the Appendix to Title 50 and Tables.
A prior section 513, act Aug. 10, 1956, ch. 1041, 70A Stat. 18,
which related to promotion of enlisted members of Reserve components,
was repealed by Pub. L. 85-861, 36B(1), Sept. 2, 1958, 72 Stat.
1570.
1990 -- Subsecs. (b), (c). Pub. L. 101-510 substituted ''subsection
(a)'' for ''paragraph (1)''.
title 37 section 205.
10 USC 514. Bounties prohibited; substitutes prohibited
TITLE 10 -- ARMED FORCES
(a) No bounty may be paid to induce any person to enlist in an armed
force. A clothing allowance or enlistment bonus authorized by law is
not a bounty for the purposes of this subsection.
(b) No person liable for active duty in an armed force under this
subtitle may furnish a substitute for that active duty. No person may
be enlisted or appointed in an armed force as a substitute for another
person.
(Aug. 10, 1956, ch. 1041, 70A Stat. 19.)
In subsection (b), the words ''active duty'' are substituted for the
words ''training and service''. The word ''may'' is substituted for the
words ''shall be permitted or allowed''. The last sentence is
substituted for 50 App.:458 (words between 1st and last semicolons). 50
App.:458 (words after last semicolon) is omitted as applicable only to
induction.
Bounties for induction and substitutes for training and service in an
armed force prohibited, see section 458 of Appendix to Title 50, War and
National Defense.
Clothing allowance for enlisted personnel, see section 418 of Title
37, Pay and Allowances of the Uniformed Services.
10 USC 515. Reenlistment after discharge as warrant officer
TITLE 10 -- ARMED FORCES
A person who has been discharged from a regular component of an armed
force under section 1165 or 1166 of this title may, upon his request and
in the discretion of the Secretary concerned, be enlisted in that armed
force in the grade prescribed by the Secretary. However, a person
discharged under section 1165 of this title may not be enlisted in a
grade lower than the grade that he held immediately before appointment
as a warrant officer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 19.)
The first 20 words are inserted for clarity. The word ''request'' is
substituted for the word ''application''.
Enlistment instead of discharge of warrant officer on second failure
of promotion, see section 580 of this title.
10 USC 516. Effect upon enlisted status of acceptance of appointment
as cadet or midshipman
TITLE 10 -- ARMED FORCES
(a) The enlistment or period of obligated service of an enlisted
member of the armed forces who accepts an appointment as a cadet at the
United States Military Academy, the United States Air Force Academy, or
the United States Coast Guard Academy, or as a midshipman at the United
States Naval Academy or in the Naval Reserve, may not be terminated
because of the acceptance of that appointment. However, while serving
as a cadet or midshipman at an Academy, he is entitled only to the pay,
allowances, compensation, pensions, and other benefits provided by law
for such a cadet or midshipman or, if he is a midshipman in the Naval
Reserve, to the compensation and emoluments of a midshipman in the Naval
Reserve.
(b) If a person covered by subsection (a) is separated from service
as a cadet or midshipman, or from service as a midshipman in the Naval
Reserve, for any reason other than his appointment as a commissioned
officer of a regular or reserve component of an armed force or because
of a physical disability, he resumes his enlisted status and shall
complete the period of service for which he was enlisted or for which he
has an obligation, unless he is sooner discharged. In computing the
unexpired part of an enlistment or period of obligated service for the
purposes of this subsection, all service as a cadet or midshipman is
counted as service under that enlistment or period of obligated service.
(Added Pub. L. 85-861, 1(9)(A), Sept. 2, 1958, 72 Stat. 1439.)
In subsection (a), the words ''on or after June 25, 1956'' are
omitted as executed. The words ''Regular, Reserve'' and ''during the
continuation of the cadet or midshipman status of such member'' are
omitted as surplusage. The words ''if he is a midshipman in the Naval
Reserve * * * of a midshipman in the Naval Reserve'' are substituted for
the words ''accruing to such reserve midshipman by virtue of his status
in the Naval Reserve''.
In subsection (b), the words ''a person covered by subsection (a)''
are substituted for 50:1412 (1st 84 words of 1st sentence). The words
''his appointment as a commissioned officer of'' are substituted for the
words ''the acceptance of a commission in''. The words ''and shall
complete the period of service for which he was enlisted or for which he
has an obligation, unless he is sooner discharged'' are substituted for
50:1412 (2d sentence). The words ''promoted or'' are omitted as
unnecessary, since the only kind of promotion involved is that to
officer, in which case the member is discharged from his enlisted
status. The words ''as service under that enlistment'' are substituted
for the words ''as time serviced under such contract''.
10 USC 517. Authorized daily average: members in pay grades E-8 and
E-9
TITLE 10 -- ARMED FORCES
(a) Except as provided in section 307 of title 37, the authorized
daily average number of enlisted members on active duty (other than for
training) in an armed force in pay grades E-8 and E-9 in a calendar year
may not be more than 2 percent and 1 percent, respectively, of the
number of enlisted members of that armed force who are on active duty
(other than for training) on January 1 of that year. In computing the
limitations prescribed in the preceding sentence, there shall be
excluded enlisted members of an armed force on active duty (other than
for training) in connection with organizing, administering, recruiting,
instructing, or training the reserve component of an armed force.
(b) The number of enlisted members in pay grades E-8 and E-9 who may
be on active duty (other than for training) or on full-time National
Guard duty under the authority of section 502(f) of title 32 (other than
for training) as of the end of any fiscal year in connection with
organizing, administering, recruiting, instructing, or training the
reserve components or the National Guard may not exceed the number for
that grade and armed force in the following table:
(c) Whenever the number of members serving in pay grade E-9 is less
than the number authorized for that grade under subsection (a), or
whenever the number of members serving in pay grade E-9 for duty
described in subsection (b) is less than the number authorized for that
grade under subsection (b), the difference between the two numbers may
be applied to increase the number authorized under such subsection for
pay grade E-8.
(Added Pub. L. 87-649, 2(1), Sept. 7, 1962, 76 Stat. 492; amended
Pub. L. 96-584, 4, Dec. 23, 1980, 94 Stat. 3377; Pub. L. 97-86, title
V, 503(1), (2), Dec. 1, 1981, 95 Stat. 1107, 1108; Pub. L. 97-252,
title V, 503(a), Sept. 8, 1982, 96 Stat. 727; Pub. L. 98-94, title V,
503(a), Sept. 24, 1983, 97 Stat. 631; Pub. L. 98-525, title IV,
413(a), 414(a)(2), Oct. 19, 1984, 98 Stat. 2517, 2518; Pub. L. 99-145,
title IV, 413(a), Nov. 8, 1985, 99 Stat. 619; Pub. L. 100-180, div. A,
title IV, 413(a), Dec. 4, 1987, 101 Stat. 1083; Pub. L. 101-189, div.
A, title IV, 413(a), Nov. 29, 1989, 103 Stat. 1433; Pub. L. 102-190,
div. A, title IV, 413(a), Dec. 5, 1991, 105 Stat. 1352.)
1991 -- Subsec. (b). Pub. L. 102-190, in table, increased fiscal
year limitation on number of enlisted men in pay grade E-8 on active
duty affecting reserve components of the Air Force from 670 to 800, and
increased limitation on number of enlisted men in pay grade E-9 on
active duty affecting reserve components of the Army from 557 to 569,
the Air Force from 231 to 279, and the Marine Corps from 13 to 14.
1989 -- Subsec. (b). Pub. L. 101-189, 413(a)(2), in table,
increased fiscal year limitation on number of enlisted men in pay grades
E-8 and E-9 on active duty affecting reserve components of the armed
forces: Army, to 557 and 2,585 from 542 and 2,504, respectively; Navy,
to 202 and 429 from 200 and 425, respectively; Air Force, to 231 and
670 from 224 and 637, respectively. Marine Corps figures remained
unchanged.
Pub. L. 101-189, 413(a)(1), in table, increased fiscal year
limitation on number of enlisted men in pay grades E-8 and E-9 on active
duty affecting reserve components of the armed forces: Army, to 542 and
2,504 from 529 and 2,350, respectively; Navy, to 200 and 425 from 180
and 400, respectively; Air Force, to 224 and 637 from 150 and 425,
respectively. Marine Corps figures remained unchanged.
1987 -- Subsec. (b). Pub. L. 100-180, 413(a)(2), in table,
increased fiscal year limitation on number of enlisted men in pay grades
E-8 and E-9 on active duty affecting reserve components of the armed
forces: Army, to 529 and 2,350 from 517 and 2,295, respectively; Navy,
to 180 and 400 from 175 and 390, respectively; Air Force, to 150 and
425 from 125 and 425, respectively. Marine Corps figures remained
unchanged.
Pub. L. 100-180, 413(a)(1), in table, increased fiscal year
limitation on number of enlisted men in pay grades E-8 and E-9 on active
duty affecting reserve components of the armed forces: Navy, to 175 and
390 from 165 and 381, respectively; Air Force, to 125 and 425 from 80
and 358, respectively; Marine Corps, to 13 and 74 from 9 and 74,
respectively. Army figures remained unchanged.
1985 -- Subsec. (b). Pub. L. 99-145 in table, changed fiscal year
limitation on number of enlisted men in pay grades E-8 and E-9 on active
duty affecting reserve components of the armed forces: Navy, to 165 and
381 from 156 and 381, respectively; Air Force, to 80 and 358 from 87
and 455, respectively. Army and Marine Corps figures remained
unchanged.
1984 -- Subsec. (b). Pub. L. 98-525, 414(a)(2), inserted ''(other
than for training) or on full-time National Guard duty under the
authority of section 502(f) of title 32 (other than for training)'' and
substituted ''or the National Guard'' for ''of the armed forces'' and
''for that grade and armed force'' for ''prescribed for the grade and
the armed force''.
Pub. L. 98-525, 413(a), in table, increased fiscal year limitation
on number of enlisted men in pay grades E-8 and E-9 on active duty
affecting reserve components of the armed forces: Army, to 2,295 and
517 from 1,494 and 314; Air Force, to 455 and 87 from 617 and 143;
Marine Corps, to 74 and 9 from 56 and 6. Navy figures remained
unchanged.
1983 -- Subsec. (b). Pub. L. 98-94 increased fiscal year limitation
on number of enlisted men in pay grades E-8 and E-9 on active duty
affecting reserve components of the armed forces: Army, to 1,494 and
314 from 1,244 and 265; Navy, to 381 and 156 from 329 and 156; Air
Force, to 617 and 143 from 441 and 132; Marine Corps figures remained
unchanged.
1982 -- Subsec. (b). Pub. L. 97-252 increased the numbers in columns
from 222, 146, 76, and 4 in the line for E-9 to 265, 156, 132, and 6,
respectively, and from 908, 319, 307, and 12 in line for E-8 to 1,244,
329, 441, and 56, respectively.
1981 -- Subsec. (b). Pub. L. 97-86, 503(1), inserted column for
''Marine Corps'' in table and increased numbers in existing columns
headed ''Army'', ''Navy'', and ''Air Force'' from 209, 140, and 71 in
line for E-9 to 222, 146, and 76, respectively, and from 823, 302, and
302 in line for E-8 to 908, 319, and 307, respectively.
Subsec. (c). Pub. L. 97-86, 503(2), added subsec. (c).
1980 -- Pub. L. 96-584 designated existing provisions as subsec.
(a), inserted provisions respecting computation of limitations, and
added subsec. (b).
Section 413(a)(2) of Pub. L. 101-189 provided that the amendment
made by that section is effective Oct. 1, 1990.
Section 413(a)(2) of Pub. L. 100-180 provided that the amendment
made by that section is effective Oct. 1, 1988.
Section 413(c) of Pub. L. 99-145 provided that: ''The amendments
made by subsections (a) and (b) (amending this section and section 524
of this title) shall take effect on October 1, 1985.''
Section 413(c) of Pub. L. 98-525 provided that: ''The amendments
made by subsections (a) and (b) (amending this section and section 524
of this title) shall take effect on October 1, 1984.''
Section 503(c) of Pub. L. 98-94 provided that: ''The amendments
made by subsections (a) and (b) (amending this section and section 524
of this title) shall take effect on October 1, 1983.''
Section effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,
set out as a note preceding section 101 of Title 37, Pay and Allowances
of the Uniformed Services.
Suspension Authority
Pub. L. 102-25, title II, 201(b), 202, 205(b), Apr. 6, 1991, 105
Stat. 79, 80, provided that the Secretary of a military department may
suspend, for fiscal year 1991, the operation of any provision of this
section and section 523, 524, 525, or 526 of this title with respect to
that military department, that such Secretary may exercise such
authority only after submission to the congressional defense committees
of a certification in writing that such authority is necessary because
of personnel actions associated with Operation Desert Storm, and that
such authority is in addition to the authority provided in section 527
of this title.
10 USC 518. Temporary enlistments
TITLE 10 -- ARMED FORCES
Temporary enlistments may be made only in the Army, Navy, Air Force,
Marine Corps, or Coast Guard, as the case may be, without specification
of component.
(Added Pub. L. 90-235, 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.)
10 USC 519. Temporary enlistments: during war or emergency
TITLE 10 -- ARMED FORCES
Except as provided in section 505 of this title and except for
enlistments as Reserves of an armed force --
(1) temporary enlistments in an armed force entered into in time of
war or of emergency declared by Congress shall be for the duration of
the war or emergency plus six months; and
(2) only persons at least eighteen years of age and otherwise
qualified under regulations to be prescribed by the Secretary concerned
are eligible for such enlistments.
(Added Pub. L. 90-235, 2(a)(1)(B), Jan. 2, 1968, 81 Stat. 755.)
10 USC 520. Limitation on enlistment and induction of persons whose
score on the Armed Forces Qualification Test is below a prescribed level
TITLE 10 -- ARMED FORCES
(a) The number of persons originally enlisted or inducted to serve on
active duty (other than active duty for training) in any armed force
during any fiscal year whose score on the Armed Forces Qualification
Test is at or above the tenth percentile and below the thirty-first
percentile may not exceed 20 percent of the total number of persons
originally enlisted or inducted to serve on active duty (other than
active duty for training) in such armed force during such fiscal year.
(b) A person who is not a high school graduate may not be accepted
for enlistment in the armed forces unless the score of that person on
the Armed Forces Qualification Test is at or above the thirty-first
percentile; however, a person may not be denied enlistment in the armed
forces solely because of his not having a high school diploma if his
enlistment is needed to meet established strength requirements.
(Added Pub. L. 96-342, title III, 302(b)(1), Sept. 8, 1980, 94 Stat.
1082; amended Pub. L. 96-579, 9, Dec. 23, 1980, 94 Stat. 3368; Pub.
L. 97-86, title IV, 402(b)(1), Dec. 1, 1981, 95 Stat. 1104; Pub. L.
98-94, title XII, 1268(3), Sept. 24, 1983, 97 Stat. 705; Pub. L.
100-370, 1(a)(1), July 19, 1988, 102 Stat. 840.)
Amendment of subsection (b) is based on Pub. L. 93-307, title IV,
401, June 8, 1974, 88 Stat. 234, as amended by Pub. L. 93-365, title
VII, 705, Aug. 5, 1974, 88 Stat. 406.
1988 -- Subsec. (b). Pub. L. 100-370 inserted before period at end
''; however, a person may not be denied enlistment in the armed forces
solely because of his not having a high school diploma if his enlistment
is needed to meet established strength requirements''.
1983 -- Subsec. (a). Pub. L. 98-94 struck out provisions under
which, for fiscal years beginning on October 1, 1980, and October 1,
1981, the total number of persons originally enlisted or inducted to
serve on active duty (other than active duty for training) in the armed
forces during such fiscal years whose score on the Armed Forces
Qualification Test was at or above the tenth percentile and below the
thirty-first percentile could not exceed 25 percent of the number of
such persons enlisted or inducted into the armed forces during such
fiscal years, and, in the provisions remaining applicable to fiscal
years beginning after Sept. 30, 1982, substituted ''20 percent of the
total number of persons originally enlisted or inducted to serve on
active duty (other than active duty for training) in such armed force''
for ''20 percent of the number of such persons enlisted or inducted into
such armed force''.
1981 -- Pub. L. 97-86 designated existing provisions as subsec. (a)
and added subsec. (b).
1980 -- Pub. L. 96-579 struck out subsec. (a) designation and
subsec. (b) authorizing the Secretary of Defense for national security
reasons to waive the enlistment and induction limitation based on
percentile limits conditioned upon notification of the Congress and a
concurrent resolution of approval.
Section 402(b)(2) of Pub. L. 97-86 provided that: ''The amendments
made by paragraph (1) (amending this section) shall take effect at the
end of the 30-day period beginning on the date of the enactment of this
Act (Dec. 1, 1981).''
Section 302(a) of Pub. L. 96-342, as amended by Pub. L. 97-86,
title IV, 402(a), Dec. 1, 1981, 95 Stat. 1104; Pub. L. 97-252, title
IV, 403, Sept. 8, 1982, 96 Stat. 725; Pub. L. 98-94, title IV, 402,
Sept. 24, 1983, 97 Stat. 629; Pub. L. 98-525, title IV, 402, Oct.
19, 1984, 98 Stat. 2516; Pub. L. 99-145, title IV, 402, Nov. 8,
1985, 99 Stat. 618, provided that: ''The number of male individuals
(with no prior military service) enlisted or inducted into the Army
during the fiscal year beginning on October 1, 1985, who are not high
school graduates may not exceed, as of September 30, 1986, 35 percent of
all male individuals (with no prior military service) enlisted or
inducted into the Army during such fiscal year.''
(Section 402 of Pub. L. 99-145 provided that amendment of this note
by Pub. L. 99-145 is effective Oct. 1, 1985.)
(Section 402 of Pub. L. 98-525 provided that amendment of this note
by Pub. L. 98-525 is effective Oct. 1, 1984.)
(Section 402 of Pub. L. 98-94 provided that amendment of this note by
Pub. L. 98-94 is effective Oct. 1, 1983.)
(Section 403 of Pub. L. 97-252 provided that amendment of this note
by Pub. L. 97-252 is effective Oct. 1, 1982.)
Pub. L. 93-307, title IV, 401, June 8, 1974, 88 Stat. 234, as
amended by Pub. L. 93-365, title VII, 705, Aug. 5, 1974, 88 Stat.
406, which provided that no volunteer for enlistment into the Armed
Forces shall be denied enlistment solely because of his not having a
high school diploma when his enlistment is needed to meet established
strength requirements, was repealed and restated in sections 520(b) and
3262 of this title by Pub. L. 100-370, 1(a), July 19, 1988, 102 Stat.
840.
10 USC 520a. Criminal history information for military recruiting
purposes
TITLE 10 -- ARMED FORCES
(a) Each State and each unit of general local government of a State
is requested to make available, upon request, to the Secretary concerned
any criminal history information maintained by or available to such
State or unit of general local government which pertains to any person
who, within 90 days before the date on which such information was
requested (1) has applied for enlistment in the armed forces, or (2) has
applied, in connection with such person's application for enlistment,
for participation in a program of the armed forces which requires a
determination of the trustworthiness of persons who participate in such
program.
(b) In this section, ''criminal history information'' means the
following information with respect to any juvenile or adult arrest,
citation, or conviction of any person referred to in subsection (a):
(1) The offense involved.
(2) The age of the person with respect to whom such information
pertains.
(3) The dates of the arrest, citation, and conviction, if any.
(4) The place the offense was alleged to have been committed, the
place of the arrest, and the court to which the case was assigned.
(5) The disposition of the case.
(c) Criminal history information received under this section shall be
confidential, and a person who has had access to any information
received under this section may not disclose such information except to
facilitate military recruiting.
(d) The Secretaries concerned shall prescribe regulations, which
shall be as uniform as practicable, to carry out this section.
Regulations prescribed under this section shall be submitted to the
Committees on Armed Services of the Senate and House of Representatives.
(Added Pub. L. 97-252, title XI, 1114(c)(1), Sept. 8, 1982, 96 Stat.
749.)
10 USC 520b. Applicants for enlistment: authority to use funds for
the issue of authorized articles
TITLE 10 -- ARMED FORCES
Funds appropriated to the Department of Defense may be used for the
issue of authorized articles to applicants for enlistment.
(Added Pub. L. 98-525, title XIV, 1401(a)(1), Oct. 19, 1984, 98
Stat. 2614; amended Pub. L. 99-145, title XIII, 1303(a)(4)(A), Nov.
8, 1985, 99 Stat. 738.)
Provisions similar to those comprising this section were contained in
the following prior appropriation acts:
Oct. 12, 1984, Pub. L. 98-473, title I, 101(h) (title VIII, 8006),
98 Stat. 1904, 1923.
Dec. 8, 1983, Pub. L. 98-212, title VII, 709, 97 Stat. 1439.
Dec. 21, 1982, Pub. L. 97-377, title I, 101(c) (title VII, 709),
96 Stat. 1833, 1851.
Dec. 29, 1981, Pub. L. 97-114, title VII, 709, 95 Stat. 1579.
Dec. 15, 1980, Pub. L. 96-527, title VII, 709, 94 Stat. 3081.
Dec. 21, 1979, Pub. L. 96-154, title VII, 709, 93 Stat. 1153.
Oct. 13, 1978, Pub. L. 95-457, title VIII, 809, 92 Stat. 1244.
Sept. 21, 1977, Pub. L. 95-111, title VIII, 808, 91 Stat. 900.
Sept. 22, 1976, Pub. L. 94-419, title VII, 708, 90 Stat. 1292.
Feb. 9, 1976, Pub. L. 94-212, title VII, 708, 90 Stat. 169.
Oct. 8, 1974, Pub. L. 93-437, title VIII, 808, 88 Stat. 1225.
Jan. 2, 1974, Pub. L. 93-238, title VII, 708, 87 Stat. 1039.
Oct. 26, 1972, Pub. L. 92-570, title VII, 708, 86 Stat. 1197.
Dec. 18, 1971, Pub. L. 92-204, title VII, 708, 85 Stat. 728.
Jan. 11, 1971, Pub. L. 91-668, title VIII, 808, 84 Stat. 2031.
Dec. 29, 1969, Pub. L. 91-171, title VI, 608, 83 Stat. 480.
Oct. 17, 1968, Pub. L. 90-580, title V, 507, 82 Stat. 1130.
Sept. 29, 1967, Pub. L. 90-96, title VI, 607, 81 Stat. 242.
Oct. 15, 1966, Pub. L. 89-687, title VI, 607, 80 Stat. 991.
Sept. 29, 1965, Pub. L. 89-213, title VI, 607, 79 Stat. 874.
Aug. 19, 1964, Pub. L. 88-446, title V, 507, 78 Stat. 475.
Oct. 17, 1963, Pub. L. 88-149, title V, 507, 77 Stat. 264.
Aug. 9, 1962, Pub. L. 87-577, title V, 507, 76 Stat. 328.
Aug. 17, 1961, Pub. L. 87-144, title II, 201, 75 Stat. 367, 369.
July 7, 1960, Pub. L. 86-601, title II, 201, 74 Stat. 340, 342.
Aug. 18, 1959, Pub. L. 86-166, title II, 201, 73 Stat. 368, 370.
Aug. 22, 1958, Pub. L. 85-724, title III, 301, title V, 501, 72
Stat. 714, 721.
Aug. 2, 1957, Pub. L. 85-117, title III, 301, title V, 501, 71
Stat. 314, 321.
July 2, 1956, ch. 488, title III, 301, title V, 501, 70 Stat.
457, 464.
July 13, 1955, ch. 358, title III, 301, title V, 501, 69 Stat.
304, 312.
June 30, 1954, ch. 432, title IV, 401, title VI, 601, 68 Stat.
339, 347.
Aug. 1, 1953, ch. 305, title III, 301, title V, 501, 67 Stat.
339, 348.
July 10, 1952, ch. 630, title III, 301, title V, 501, 66 Stat.
520, 530.
Oct. 18, 1951, ch. 512, title III, 301, title V, 501, 65 Stat.
429, 443.
Sept. 6, 1950, ch. 896, Ch. X, title III, 301, title V, 501, 64
Stat. 735, 750.
Oct. 29, 1949, ch. 787, title III, 301, title V, 501, 63 Stat.
992, 1015.
June 24, 1948, ch. 632, 62 Stat. 655.
July 30, 1947, ch. 357, title I, 1, 61 Stat. 557.
July 16, 1946, ch. 583, 1, 60 Stat. 547, 548.
July 3, 1945, ch. 265, 1, 59 Stat. 390.
June 28, 1944, ch. 303, 1, 58 Stat. 580.
July 1, 1943, ch. 185, 1, 57 Stat. 354.
July 2, 1942, ch. 477, 1, 56 Stat. 617.
June 30, 1941, ch. 262, 1, 55 Stat. 373.
June 13, 1940, ch. 343, 1, 54 Stat. 358, 359.
Apr. 26, 1939, ch. 88, 1, 53 Stat. 600.
June 11, 1938, ch. 37, 1, 52 Stat. 649.
July 1, 1937, ch. 423, 1, 50 Stat. 450.
May 15, 1936, ch. 404, 1, title I, 49 Stat. 1286.
Apr. 9, 1935, ch. 54, 1, title I, 49 Stat. 128.
Apr. 26, 1934, ch. 165, title I, 48 Stat. 621.
Mar. 4, 1933, ch. 281, title I, 47 Stat. 1577.
July 14, 1932, ch. 482, title I, 47 Stat. 670, 671.
Feb. 23, 1931, ch. 279, title I, 46 Stat. 1283, 1284.
May 28, 1930, ch. 348, title I, 46 Stat. 438.
Feb. 28, 1929, ch. 366, title I, 45 Stat. 1356.
Mar. 23, 1928, ch. 232, title I, 45 Stat. 332.
Feb. 23, 1927, ch. 167, title I, 44 Stat. 1113.
Apr. 15, 1926, ch. 146, title I, 44 Stat. 262.
Feb. 12, 1925, ch. 225, title I, 43 Stat. 900.
1985 -- Pub. L. 99-145 substituted ''enlistment'' for
''enlistments''.
Section 1404 of Pub. L. 98-525 provided that: ''The amendments made
by sections 1401 (enacting this section and sections 956, 979 to 981,
1047 to 1050, 1074b (now 1074c), 1093, 1589, 2007 to 2009, 2484, 2638,
and 2639 of this title, amending sections 1074, 1077, 1079, 2104, and
7204 of this title, and repealing section 7208 of this title), 1402
(enacting section 306a of Title 37, Pay and Allowances of the Uniformed
Services, and amending sections 206 and 404 of Title 37), and 1403
(amending provisions set out as a note under section 138 of this title
and repealing provisions set out as notes under sections 138 and 2102 of
this title) take effect on October 1, 1985.''
10 USC CHAPTER 32 -- OFFICER STRENGTH AND DISTRIBUTION IN GRADE
TITLE 10 -- ARMED FORCES
Sec.
521. Authority to prescribe total strengths of officers on active
duty and officer strengths in various categories.
522. Authorized total strengths: regular commissioned officers on
active duty.
523. Authorized strengths: commissioned officers on active duty in
grades of major, lieutenant colonel, and colonel and Navy grades of
lieutenant commander, commander, and captain.
524. Authorized strengths: reserve officers on active duty or on
full-time National Guard duty for administration of the reserves or the
National Guard in grades of major, lieutenant colonel, and colonel and
Navy grades of lieutenant commander, commander, and captain.
525. Distribution of commissioned officers on active duty in general
officer and flag officer grades.
526. Authorized strength: general and flag officers on active duty.
527. Authority to suspend sections 523, 524, 525, and 526.
1988 -- Pub. L. 100-370, 1(b)(3), July 19, 1988, 102 Stat. 840,
struck out former item 526 ''Authority to suspend sections 523, 524, and
525'', and added items 526 and 527.
1984 -- Pub. L. 98-525, title IV, 414(a)(4)(B)(ii), inserted
references to the National Guard and to full-time National Guard duty in
item 524.
10 USC 521. Authority to prescribe total strengths of officers on
active duty and officer strengths in various categories
TITLE 10 -- ARMED FORCES
(a) Whenever the needs of the services require, but at least once
each fiscal year, the Secretary of Defense shall prescribe the total
authorized active-duty strength as of the end of the fiscal year for
officers in grades above chief warrant officer, W-5, for each of the
armed forces under the jurisdiction of the Secretary of a military
department.
(b) Under regulations prescribed by the Secretary of Defense, the
Secretary of each military department may, for an armed force under his
jurisdiction, prescribe the strength of any category of officers that
may serve on active duty.
(Added Pub. L. 96-513, title I, 103, Dec. 12, 1980, 94 Stat. 2841;
amended Pub. L. 102-190, div. A, title XI, 1131(1)(A), Dec. 5, 1991,
105 Stat. 1505.)
1991 -- Subsec. (a). Pub. L. 102-190 substituted ''chief warrant
officer, W-5,'' for ''warrant officer (W-4)''.
Section 1132 of title XI of Pub. L. 102-190 provided that: ''This
title (enacting sections 571 to 583 and 742 of this title, amending this
section, sections 522, 597, 598, 603, 628, 644, 741, 1166, 1174, 1305,
1406, 5414, 5457, 5458, 5501 to 5503, 5596, 5600, 5665, 6389, and 6391
of this title, sections 286a and 334 of Title 14, Coast Guard, and
sections 201, 301, 301c, 305a, and 406 of Title 37, Pay and Allowances
of the Uniformed Services, repealing sections 555 to 565, 602, and 745
of this title, and enacting provisions set out as notes under sections
555 and 571 of this title and section 1009 of Title 37) and the
amendments made by this title shall take effect on February 1, 1992.''
Chapter effective Sept. 15, 1981, but the authority to prescribe
regulations under this chapter effective 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.
For provisions to prevent extinction or premature termination of
rights, duties, penalties, or proceedings that existed or were begun
prior to the effective date of Pub. L. 96-513 and otherwise to allow
for an orderly transition to the system of officer personnel management
put in place under Pub. L. 96-513, see section 601 et seq. of Pub. L.
96-513, set out as a note under section 611 of this title.
Pub. L. 102-484, div. A, title V, 502, Oct. 23, 1992, 106 Stat.
2402, provided that:
''(a) Requirement for Review. -- The Secretary of Defense shall
provide for a federally funded research and development center that is
independent of the military departments to review the officer personnel
management system of each of the military departments and to determine
and evaluate the effects of the post-Cold War officer strength
reductions on that officer personnel management system.
''(b) Matters To Be Considered. -- The review and evaluation shall
include, for the officer personnel management system of each military
department, the effects of the officer strength reductions on the
following:
''(1) The timing and opportunities for officer promotions.
''(2) The expected lengths of officer careers.
''(3) Other features of the officer personnel management system under
the Defense Officer Personnel Management Act (Public Law 96-513) (see
Tables for classification), including the provisions of law added and
amended by that Act.
''(4) Any other aspect of the officer personnel management system
that the federally funded research and development center personnel
conducting the review and evaluation consider appropriate or as directed
by the Secretary of Defense.
''(c) Report. -- Not later than December 31, 1993, the federally
funded research and development center shall submit to the Secretary of
Defense a report on the results of the review and evaluation. Within 60
days after receiving the report, the Secretary shall transmit the report
to the Committees on Armed Services of the Senate and House of
Representatives. The Secretary may submit to such committees any
comments that the Secretary considers appropriate regarding the matters
contained in the report.
''(d) Funding. -- Funds appropriated for fiscal year 1993 pursuant to
title II (106 Stat. 2349, see Tables for classification) and made
available for federally funded research and development centers shall be
available for the conduct of the review and evaluation under this
section.''
Pub. L. 100-456, div. A, title IV, 402(c), Sept. 29, 1988, 102
Stat. 1963, provided that:
''(1) The number of officers serving on active duty (excluding
officers in categories specified in paragraph (2)) as of September 30,
1990, may not exceed --
''(A) in the case of the Army, 106,427; and
''(B) in the case of the Air Force, 102,438.
''(2) Officers in the categories described in section 403(b) of the
National Defense Authorization Act for Fiscal Year 1987 (Pub. L.
99-661, set out below) shall be excluded in counting officers under this
subsection.''
Pub. L. 100-180, div. A, title IV, 402, Dec. 4, 1987, 101 Stat.
1081, as amended by Pub. L. 100-456, div. A, title IV, 402(b), Sept.
29, 1988, 102 Stat. 1963, provided that:
''(a) Authority To Increase for Fiscal Year 1988. -- Subject to
subsection (b), the Secretary of Defense may increase by not more than 1
percentage point (to not more than 98 percent) the percentage limitation
prescribed in section 403(a) of the National Defense Authorization Act
for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3859) (set out
below) applicable to the total number of commissioned officers of the
Army, Navy, Air Force, and Marine Corps that may be serving on active
duty as of September 30, 1988.
''(b) Certification and Report. -- The Secretary may exercise the
authority under subsection (a) only if --
''(1) the Secretary makes a determination that such increase is
necessary in order to avoid severe personnel management problems in the
Army, Navy, Air Force, and Marine Corps during fiscal year 1988 and
certifies such determination to the Committees on Armed Services of the
Senate and the House of Representatives; and
''(2) the Secretary submits to those Committees with such
certification a report providing legislative recommendations for
temporary changes in chapter 36 of title 10, United States Code, and
other provisions of law enacted by the Defense Officer Personnel
Management Act (Public Law 96-513) (see Tables for classification) that
the Secretary considers necessary in order to implement the required
officer reductions under such section 403 (set out below) with the least
possible adverse effect on the Armed Forces.''
Pub. L. 99-661, div. A, title IV, 403, Nov. 14, 1986, 100 Stat.
3859, as amended by Pub. L. 100-456, div. A, title IV, 402(a), Sept.
29, 1988, 102 Stat. 1963; Pub. L. 101-189, div. A, title VI,
653(e)(2), Nov. 29, 1989, 103 Stat. 1463, provided that:
''(a) Reduction in Size of Officer Corps. -- On and after each of the
dates set forth in column 1 of the following table, the total number of
commissioned officers serving on active duty in the Army, Navy, Air
Force, and Marine Corps (excluding officers in categories specified in
subsection (b)) may not exceed the percentage, set forth in column 2
opposite such date, of the total number of commissioned officers serving
on active duty as of September 30, 1986 (excluding officers in
categories specified in subsection (b)):
''(b) Exclusions. -- In computing the authorized strength of
commissioned officers under subsection (a), officers in the following
categories shall be excluded:
''(1) Reserve officers --
''(A) on active duty for training;
''(B) on active duty under section 265, 270(b), 672a, 3021, 3496,
5251, 5252, 8021, or 8496 of title 10, United States Code, or under
section 708 of title 32, United States Code;
''(C) on active duty under section 672(d) of title 10, United States
Code, in connection with organizing, administering, recruiting,
instructing, or training the reserve components or the National Guard;
''(D) on active duty to pursue special work;
''(E) ordered to active duty under section 673b of title 10, United
States Code; or
''(F) on full-time National Guard duty.
''(2) Retired officers on active duty under a call or order to active
duty for 180 days or less.
''(3) Reserve or retired officers on active duty under section
10(b)(2) of the Military Selective Service Act (50 U.S.C. App.
460(b)(2)) for the administration of the Selective Service System.
''(c) Apportionment of Reductions by Secretary of Defense. -- The
Secretary of Defense shall apportion the reductions in the number of
commissioned officers serving on active duty required by subsection (a)
among the Army, Navy, Air Force, and Marine Corps. Not later than
February 1 of each fiscal year in which reductions are required under
subsection (a), the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
manner in which the reductions have been or are to be apportioned for
that fiscal year and for the next fiscal year for which such reductions
are required.''
10 USC 522. Authorized total strengths: regular commissioned officers
on active duty
TITLE 10 -- ARMED FORCES
The authorized strengths of the Army, Navy, Air Force, and Marine
Corps in regular officers (other than retired officers) in grades above
chief warrant officer, W-5, are as follows:
Army 63,000
Navy 55,000
Air Force 80,000
Marine Corps 17,000
(Added Pub. L. 96-513, title I, 103, Dec. 12, 1980, 94 Stat. 2841;
amended Pub. L. 98-525, title V, 522, Oct. 19, 1984, 98 Stat. 2523;
Pub. L. 102-190, div. A, title XI, 1131(1)(B), Dec. 5, 1991, 105 Stat.
1505.)
1991 -- Pub. L. 102-190 substituted ''chief warrant officer, W-5,''
for ''chief warrant officer (W-4)''.
1984 -- Pub. L. 98-525 increased number limit for regular officers
in the Navy, Air Force, and Marine Corps to 55,000, 80,000, and 17,000
from 48,000, 69,425, and 13,000, respectively. The number limit for the
Army remained unchanged.
Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section
1132 of Pub. L. 102-190, set out as a note under section 521 of this
title.
10 USC 523. Authorized strengths: commissioned officers on active
duty in grades of major, lieutenant colonel, and colonel and Navy grades
of lieutenant commander, commander, and captain
TITLE 10 -- ARMED FORCES
(a)(1) Except as provided in subsection (c), of the total number of
commissioned officers serving on active duty in the Army, Air Force, or
Marine Corps at the end of any fiscal year (excluding officers in
categories specified in subsection (b)), the number of officers who may
be serving on active duty in each of the grades of major, lieutenant
colonel, and colonel may not, as of the end of such fiscal year, exceed
a number determined in accordance with the following table:
(2) Except as provided in subsection (c), of the total number of
commissioned officers serving on active duty in the Navy at the end of
any fiscal year (excluding officers in categories specified in
subsection (b)), the number of officers who may be serving on active
duty in each of the grades of lieutenant commander, commander, and
captain may not, as of the end of such fiscal year, exceed a number
determined in accordance with the following table:
(3) If the total number of commissioned officers serving on active
duty in an armed force (excluding officers in categories specified in
subsection (b)) is between any two consecutive figures listed in the
first column of the appropriate table in paragraph (1) or (2), the
corresponding authorized strengths for each of the grades shown in that
table for that armed force are determined by mathematical interpolation
between the respective numbers of the two strengths. If the total
number of commissioned officers serving on active duty in an armed force
(excluding officers in categories specified in subsection (b)) is
greater or less than the figures listed in the first column of the
appropriate table in paragraph (1) or (2), the Secretary concerned shall
fix the corresponding strengths for the grades shown in that table in
the same proportion as reflected in the nearest limit shown in the
table.
(b) Officers in the following categories shall be excluded in
computing and determining authorized strengths under this section:
(1) Reserve officers --
(A) on active duty for training;
(B) on active duty under section 265, 3021, 3496, 5251, 5252, 8021,
or 8496 of this title or under section 708 of title 32;
(C) on active duty under section 672(d) of this title in connection
with organizing, administering, recruiting, instructing, or training the
reserve components;
(D) on active duty to pursue special work;
(E) ordered to active duty under section 673b of this title; or
(F) on full-time National Guard duty.
(2) General and flag officers.
(3) Medical officers.
(4) Dental officers.
(5) Warrant officers.
(6) Retired officers on active duty under a call or order to active
duty for 180 days or less.
(7) Reserve or retired officers on active duty under section 10(b)(2)
of the Military Selective Service Act (50 U.S.C. App. 460(b)(2)) for
the administration of the Selective Service System.
(c) Whenever the number of officers serving in any grade is less than
the number authorized for that grade under this section, the difference
between the two numbers may be applied to increase the number authorized
under this section for any lower grade.
(d) An officer may not be reduced in grade, or have his pay or
allowances reduced, because of a reduction in the number of commissioned
officers authorized for his grade under this section.
(Added Pub. L. 96-513, title I, 103, Dec. 12, 1980, 94 Stat. 2842;
amended Pub. L. 98-525, title IV, 414(a)(3), Oct. 19, 1984, 98 Stat.
2518; Pub. L. 99-145, title V, 511(a), Nov. 8, 1985, 99 Stat. 623;
Pub. L. 99-433, title V, 531(a)(1), Oct. 1, 1986, 100 Stat. 1063;
Pub. L. 102-190, div. A, title IV, 431, Dec. 5, 1991, 105 Stat. 1354.)
1991 -- Subsec. (a)(1). Pub. L. 102-190, in table, decreased numbers
of officers authorized to serve on active duty in the Air Force in the
grade of Colonel to 3,392, 3,573, 3,754, 3,935, 4,115, 4,296, 4,477,
4,658, 4,838, 5,019, 5,200, and 5,381 from 3,642, 3,823, 4,004, 4,185,
4,365, 4,546, 4,727, 4,908, 5,088, 5,269, 5,450, and 5,631,
respectively.
1986 -- Subsec. (b)(1)(B). Pub. L. 99-433 substituted ''3021'' and
''8021'' for ''3033'' and ''8033'', respectively.
1985 -- Subsec. (a)(1). Pub. L. 99-145 increased fiscal year
limitation on authorized number of Marine Corps majors to 2,766, 3,085,
3,404, 3,723, and 4,042 from 2,717, 2,936, 3,154, 3,373, and 3,591,
respectively.
1984 -- Subsec. (b)(1)(C). Pub. L. 98-525, 414(a)(3)(A), struck out
''or section 502 or 503 of title 32'' after ''section 672(d) of this
title''.
Subsec. (b)(1)(F). Pub. L. 98-525, 414(a)(3)(B)-(D), added subpar.
(F).
Section 511(b) of Pub. L. 99-145 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect on
October 1, 1985.''
Pub. L. 101-189, div. A, title IV, 403, Nov. 29, 1989, 103 Stat.
1431, provided that:
''(a) Authority To Increase Numbers for Fiscal Years 1990 and 1991.
-- The Secretary of Defense may increase the strength-in-grade
limitations specified in section 523(a) of title 10, United States Code,
by a total of 250 positions, to be distributed among grades and services
as the Secretary considers appropriate. Any increase pursuant to the
preceding sentence in an otherwise applicable limitation shall expire,
as specified by the Secretary, not later than September 30, 1991.
''(b) Report on Grade Table Restrictions. -- The Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and House
of Representatives a comprehensive report on the adequacy of the
strength-in-grade limitations prescribed in section 523(a) of title 10,
United States Code. The report shall particularly address how those
limitations affect the ability of the Department of Defense to recruit
and retain nurses and other health professionals for service on active
duty. The report shall include such recommendations as the Secretary
considers appropriate and shall be submitted not later than March 1,
1990.''
Pub. L. 101-189, div. A, title IV, 402, Nov. 29, 1989, 103 Stat.
1431, as amended by Pub. L. 101-510, div. A, title IV, 404, Nov. 5,
1990, 104 Stat. 1545, provided that: ''The number of officers that
(but for this section) would be authorized under section 523 of title
10, United States Code, and other applicable provisions of law to be
serving on active duty in the Air Force in the grade of colonel during
fiscal year 1992 is hereby reduced by 250.''
Pub. L. 100-456, div. A, title IV, 403, Sept. 29, 1988, 102 Stat.
1963, provided that: ''The number of officers that (but for this
section) would be authorized under section 523 of title 10, United
States Code, and other applicable provisions of law to be serving on
active duty in the Air Force in the grade of colonel during fiscal year
1989 is hereby reduced by 125, and the number of such officers that (but
for this section) would be so authorized to be serving on active duty
during fiscal year 1990 is hereby reduced by 250.''
Pub. L. 95-79, title VIII, 811(a), July 30, 1977, 91 Stat. 335, as
amended by Pub. L. 96-107, title VIII, 817, Nov. 9, 1979, 93 Stat.
818; Pub. L. 96-342, title X, 1003, Sept. 8, 1980, 94 Stat. 1120;
Pub. L. 97-86, title VI, 602, Dec. 1, 1981, 95 Stat. 1110, which
provided that after Oct. 1, 1981, the total number of commissioned
officers on active duty in the Army, Air Force, and Marine Corps above
the grade of colonel, and on active duty in the Navy above the grade of
captain, could not exceed 1,073, and that in time of war, or of national
emergency declared by Congress, the President could suspend the
operation of this provision, was repealed and restated in section 526 of
this title by Pub. L. 100-370, 1(b)(1)(B), (4), July 19, 1988, 102
Stat. 840.
For provisions increasing for the fiscal year ending on Sept. 30,
1981, the maximum number of officers authorized by this section to be
serving on active duty, see section 627 of Pub. L. 96-513, set out as a
note under section 611 of this title.
10 USC 524. Authorized strengths: reserve officers on active duty or
on full-time National Guard duty for administration of the reserves or
the National Guard in grades of major, lieutenant colonel, and colonel
and Navy grades of lieutenant commander, commander, and captain
TITLE 10 -- ARMED FORCES
(a) The number of reserve officers of the Army, Air Force, and Marine
Corps who may be on active duty or full-time National Guard duty in each
of the grades of major, lieutenant colonel, and colonel, and of the Navy
who may be on active duty in each of the grades of lieutenant commander,
commander, and captain, as of the end of any fiscal year for duty
described in subclauses (B) and (C) of section 523(b)(1) of this title
or full-time National Guard duty (other than for training) under section
502(f) of title 32 may not exceed the number for that grade and armed
force in the following table:
(b) Whenever the number of officers serving in any grade is less than
the number authorized for that grade under this section, the difference
between the two numbers may be applied to increase the number authorized
under this section for any lower grade.
(Added Pub. L. 96-513, title I, 103, Dec. 12, 1980, 94 Stat. 2844;
amended Pub. L. 97-86, title V, 503(b), Dec. 1, 1981, 95 Stat. 1108;
Pub. L. 97-252, title V, 503(b), Sept. 8, 1982, 96 Stat. 727; Pub. L.
98-94, title V, 503(b), Sept. 24, 1983, 97 Stat. 631; Pub. L. 98-525,
title IV, 413(b), 414(a)(4)(A), (B)(i), Oct. 19, 1984, 98 Stat. 2518,
2519; Pub. L. 99-145, title IV, 413(b), Nov. 8, 1985, 99 Stat. 619;
Pub. L. 100-180, div. A, title IV, 413(b), Dec. 4, 1987, 101 Stat.
1083; Pub. L. 101-189, div. A, title IV, 413(b), Nov. 29, 1989, 103
Stat. 1433; Pub. L. 102-190, div. A, title IV, 413(b), Dec. 5, 1991,
105 Stat. 1352.)
1991 -- Subsec. (a). Pub. L. 102-190, in table, increased fiscal
year limitation on number of reserve officers in the Army in grade of
Colonel or Navy Captain from 364 to 372, and increased such limitation
on number of reserve officers in the Air Force in grade of Lieutenant
Colonel or Commander from 532 to 595 and in grade of Colonel or Navy
Captain from 194 to 227. Navy and Marine Corps figures remained
unchanged.
1989 -- Subsec. (a). Pub. L. 101-189, 413(b)(2), in table,
increased fiscal year limitation on number of reserve officers in grade
of Major or Lieutenant Commander, Lieutenant Colonel or Commander, and
Colonel or Navy Captain who may be on active duty to, respectively:
Army, to 3,219, 1,524, and 364 from 3,030, 1,448, and 351; Navy, to
1,071, 520, and 188 from 1,065, 520, and 188; Air Force, to 575, 532,
and 194 from 575, 476, and 190. Marine Corps figures remained
unchanged.
Pub. L. 101-189, 413(b)(1), in table, increased fiscal year
limitation on number of reserve officers in grade of Major or Lieutenant
Commander, Lieutenant Colonel or Commander, and Colonel or Navy Captain
who may be on active duty to, respectively: Army, to 3,030, 1,448, and
351 from 2,600, 1,250, and 348; Navy, to 1,065, 520, and 188 from 875,
520, and 185; Air Force, to 575, 476, and 190 from 575, 322, and 190.
Marine Corps figures remained unchanged.
1987 -- Subsec. (a). Pub. L. 100-180, 413(b)(2), in table,
increased fiscal year limitation on number of reserve officers in grade
of Major or Lieutenant Commander, Lieutenant Colonel or Commander, and
Colonel or Navy Captain who may be on active duty to, respectively:
Army, to 2,600, 1,250, and 348 from 2,550, 1,152, and 348; Navy, to
875, 520, and 185 from 850, 520, and 185; Air Force, to 575, 322, and
190 from 575, 322, and 184; and Marine Corps, to 110, 75, and 25 from
105, 70, and 25.
Pub. L. 100-180, 413(b)(1), in table, changed fiscal year limitation
on number of reserve officers in grade of Major or Lieutenant Commander,
Lieutenant Colonel or Commander, and Colonel or Navy Captain who may be
on active duty to, respectively: Army, to 2,550, 1,152, and 348 from
2,317, 1,152, and 348; Navy, to 850, 520, and 185 from 850, 520, and
177; Air Force, to 575, 322, and 184 from 476, 318, and 189; and
Marine Corps, to 105, 70, and 25 from 100, 60, and 25.
1985 -- Subsec. (a). Pub. L. 99-145 increased fiscal year limitation
on number of reserve officers in grade of Major or Lieutenant Commander,
Lieutenant Colonel or Commander, and Colonel or Navy Captain who may be
on active duty to, respectively: Army, to 2,317, 1,152, and 348 from
2,261, 1,121, and 345; Navy, to 850, 520, and 177 from 823, 520, and
177; Air Force, to 476, 318, and 189, from 471, 293, and 172; and
Marine Corps, to 100, 60, and 25 from 100, 50, and 25.
1984 -- Pub. L. 98-525, 414(a)(4)(B)(i), inserted references to
National Guard and to full-time National Guard duty in section
catchline.
Subsec. (a). Pub. L. 98-525, 414(a)(4)(A), inserted ''or full-time
National Guard duty'' after ''Marine Corps who may be on active duty''
and inserted ''or full-time National Guard duty (other than for
training) under section 502(f) of title 32''.
Pub. L. 98-525, 413(b), increased fiscal year limitation on number
of reserve officers in grade of major or lieutenant commander,
lieutenant colonel or commander, and colonel or Navy captain who may be
on active duty to, respectively: Army, to 2,261, 1,121, and 345 from
1,948, 967, and 338; Air Force, to 471, 293, and 172 from 408, 303, and
171; Marine Corps, to 100, 50, and 25 from 95, 48, and 23. Figures for
the Navy remained unchanged.
1983 -- Subsec. (a). Pub. L. 98-94 increased fiscal year limitation
on number of reserve officers in grade major or lieutenant commander;
lieutenant colonel or commander; and colonel or Navy captain who may be
on active duty to, respectively: Army, to 1,948, 967, and 338 from
1,351, 671, and 234; Navy, to 823, 520, and 177 from 823, 425, and 177;
Air Force, to 408, 303, and 171 from 281, 267, and 170; Marine Corps,
to 95, 48, and 23 from 95, 40, and 21.
1982 -- Subsec. (a). Pub. L. 97-252 increased numbers in columns
headed ''Army'', ''Air Force'', and ''Marine Corps'' from 1,105, 189,
and 51 in line for major or lieutenant commander to 1,351, 281, and 95,
respectively, from 551, 194, and 35 in line for lieutenant colonel or
commander to 671, 267, and 40, respectively, and from 171, 147, and 19
in line for colonel or Navy captain to 234, 170, and 21, respectively.
1981 -- Subsec. (a). Pub. L. 97-86 increased numbers in columns
headed ''Army'' and ''Air Force'' from 821 and 170 in line for major or
lieutenant commander to 1,105 and 189, respectively, from 503 and 183 in
line for lieutenant colonel or commander to 551 and 194, respectively,
and from 163 and 146 in line for colonel or Navy captain to 171 and 147,
respectively.
Section 413(b)(2) of Pub. L. 101-189 provided that the amendment
made by that section is effective Oct. 1, 1990.
Section 413(b)(2) of Pub. L. 100-180 provided that the amendment
made by that section is effective Oct. 1, 1988.
Amendment by Pub. L. 99-145 effective Oct. 1, 1985, see section
413(c) of Pub. L. 99-145, set out as a note under section 517 of this
title.
Amendment by Pub. L. 98-525 effective Oct. 1, 1984, see section
413(c) of Pub. L. 98-525, set out as a note under section 517 of this
title.
Amendment by Pub. L. 98-94 effective Oct. 1, 1983, see section
503(c) of Pub. L. 98-94, set out as a note under section 517 of this
title.
10 USC 525. Distribution of commissioned officers on active duty in
general officer and flag officer grades
TITLE 10 -- ARMED FORCES
(a) No appointment may be made in a grade above brigadier general in
the Army, Air Force, or Marine Corps if that appointment would result in
more than 50 percent of the general officers of that armed force on
active duty being in grades above brigadier general. No appointment may
be made in a grade above rear admiral (lower half) in the Navy if that
appointment would result in more than 50 percent of the flag officers of
the Navy on active duty being in grades above rear admiral (lower half).
(b)(1) No appointment may be made in a grade above major general in
the Army, Air Force, or Marine Corps if that appointment would result in
more than 15 percent of the general officers of that armed force on
active duty being in grades above major general. In the case of the
Army and Air Force, of the 15 percent of general officers on active duty
who may be serving in grades above major general, not more than 25
percent may be serving in the grade of general.
(2) No appointment may be made in a grade above rear admiral in the
Navy if that appointment would result in more than 15 percent of the
flag officers of the Navy on active duty being in grades above rear
admiral. Of the 15 percent of flag officers on active duty who may be
serving in grades above rear admiral, not more than 25 percent may be
serving in the grade of admiral.
(3) An officer while serving as Chairman or Vice Chairman of the
Joint Chiefs of Staff or as Chief of Staff to the President, if serving
in the grade of general or admiral, is in addition to the number that
would otherwise be permitted for his armed force for that grade under
paragraph (1) or (2).
(4)(A) An officer while serving in a position designated under
subparagraph (B), if serving in the grade of lieutenant general or vice
admiral, is in addition to the number that would otherwise be permitted
for that officer's armed force for that grade under paragraph (1) or
(2).
(B) The President, with the advice and assistance of the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff, may designate not
more than six positions within the Joint Staff (provided for under
section 155 of this title) as positions referred to in subparagraph (A).
The authority of the President under the preceding sentence may not be
delegated.
(c)(1) Subject to paragraph (3), the President --
(A) may make appointments in the Army, Air Force, and Marine Corps in
the grade of lieutenant general and in the Army and Air Force in the
grade of general in excess of the applicable numbers determined under
subsection (b)(1), and may make appointments in the Marine Corps in the
grade of general in addition to the Commandant and Assistant Commandant,
if each such appointment is made in conjunction with an offsetting
reduction under paragraph (2); and
(B) may make appointments in the Navy in the grades of vice admiral
and admiral in excess of the applicable numbers determined under
subsection (b)(2) if each such appointment is made in conjunction with
an offsetting reduction under paragraph (2).
(2) For each appointment made under the authority of paragraph (1) in
the Army, Air Force, or Marine Corps in the grade of lieutenant general
or general or in the Navy in the grade of vice admiral or admiral, the
number of appointments that may be made in the equivalent grade in one
of the other armed forces (other than the Coast Guard) shall be reduced
by one. When such an appointment is made, the President shall specify
the armed force in which the reduction required by this paragraph is to
be made.
(3)(A) The number of officers that may be serving on active duty in
the grades of lieutenant general and vice admiral by reason of
appointments made under the authority of paragraph (1) may not exceed
the number equal to 10 percent of the total number of officers that may
be serving on active duty in those grades in the Army, Navy, Air Force,
and Marine Corps under subsection (b).
(B) The number of officers that may be serving on active duty in the
grades of general and admiral by reason of appointments made under the
authority of paragraph (1) may not exceed the number equal to 15 percent
of the total number of general officers and flag officers that may be
serving on active duty in those grades in the Army, Navy, Air Force, and
Marine Corps.
(4) Upon the termination of the appointment of an officer in the
grade of lieutenant general or vice admiral or general or admiral that
was made in connection with an increase under paragraph (1) in the
number of officers that may be serving on active duty in that armed
force in that grade, the reduction made under paragraph (2) in the
number of appointments permitted in such grade in another armed force by
reason of that increase shall no longer be in effect.
(Added Pub. L. 96-513, title I, 103, Dec. 12, 1980, 94 Stat. 2844;
amended Pub. L. 97-86, title IV, 405(b)(1), Dec. 1, 1981, 95 Stat.
1105; Pub. L. 99-145, title V, 514(b)(1), Nov. 8, 1985, 99 Stat. 628;
Pub. L. 99-433, title II, 202(a), Oct. 1, 1986, 100 Stat. 1010; Pub.
L. 100-180, div. A, title V, 511(a), Dec. 4, 1987, 101 Stat. 1088;
Pub. L. 101-510, div. A, title IV, 405, Nov. 5, 1990, 104 Stat. 1546.)
1990 -- Subsec. (b)(3). Pub. L. 101-510, 405(b), substituted ''that
would otherwise be permitted for'' for ''authorized''.
Subsec. (b)(4). Pub. L. 101-510, 405(a), added par. (4).
1987 -- Pub. L. 100-180 added subsec. (c).
1986 -- Subsec. (b)(3). Pub. L. 99-433 inserted ''or Vice
Chairman''.
1985 -- Subsec. (a). Pub. L. 99-145 substituted ''rear admiral
(lower half)'' for ''commodore'' in two places.
1981 -- Subsec. (a). Pub. L. 97-86 substituted ''commodore'' for
''commodore admiral'' in two places.
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.
Section 511(b) of Pub. L. 100-180 provided that: ''An officer of
the Armed Forces on active duty holding an appointment in the grade of
lieutenant general or vice admiral or general or admiral on September
30, 1987, shall not have that appointment terminated by reason of the
numerical limitations determined under section 525(b) of title 10,
United States Code. In the case of an officer of the Marine Corps
serving in the grade of general by reason of an appointment authorized
by section 511(3) of the National Defense Authorization Act for Fiscal
Year 1987 (Public Law 99-661; 100 Stat. 3869) (see below), that
appointment shall not be terminated except as provided in section 601 of
title 10, United States Code.''
Temporary increases in the number of officers authorized in
particular grades under this section were contained in the following
authorization acts:
Pub. L. 99-661, div. A, title V, 511, Nov. 14, 1986, 100 Stat.
3869.
Pub. L. 99-570, title III, 3058, Oct. 27, 1986, 100 Stat. 3207-79.
Pub. L. 99-145, title V, 515, Nov. 8, 1985, 99 Stat. 630.
Pub. L. 98-525, title V, 511, Oct. 19, 1984, 98 Stat. 2521.
Pub. L. 98-94, title X, 1001, Sept. 24, 1983, 97 Stat. 654.
Pub. L. 97-252, title XI, 1116, Sept. 8, 1982, 96 Stat. 750.
10 USC 526. Authorized strength: general and flag officers on active
duty
TITLE 10 -- ARMED FORCES
(a) Limitations. -- The number of general officers on active duty in
the Army, Air Force, and Marine Corps, and the number of flag officers
on active duty in the Navy, may not exceed the number specified for the
armed force concerned as follows:
(1) For the Army, 386 before October 1, 1995, and 302 on and after
that date.
(2) For the Navy, 250 before October 1, 1995, and 216 on and after
that date.
(3) For the Air Force, 326 before October 1, 1995, and 279 on and
after that date.
(4) For the Marine Corps, 68 before October 1, 1995, and 61 on and
after that date.
(b) Transfers Between Services. -- During the period before October
1, 1995, the Secretary of Defense may increase the number of general
officers on active duty in the Army, Air Force, or Marine Corps, or the
number of flag officers on active duty in the Navy, above the applicable
number specified in subsection (a) by a total of not more than five.
Whenever any such increase is made, the Secretary shall make a
corresponding reduction in the number of such officers that may serve on
active duty in general or flag officer grades in one of the other armed
forces.
(c) Limited Exclusion for Joint Duty Requirements. -- (1) The
Chairman of the Joint Chiefs of Staff may designate up to 12 general
officer and flag officer positions that are joint duty assignments for
purposes of chapter 38 of this title for exclusion from the limitations
in subsection (a) that are applicable on and after October 1, 1995.
Officers in positions so designated shall not be counted for the
purposes of those limitations.
(2) This subsection shall cease to be effective on October 1, 1998.
(Added Pub. L. 100-370, 1(b)(1)(B), July 19, 1988, 102 Stat. 840;
amended Pub. L. 101-510, div. A, title IV, 403(a), Nov. 5, 1990, 104
Stat. 1545; Pub. L. 102-484, div. A, title IV, 403, Oct. 23, 1992, 106
Stat. 2398.)
Section is based on Pub. L. 95-79, title VIII, 811(a), July 30,
1977, 91 Stat. 335, as amended by Pub. L. 96-107, title VIII, 817,
Nov. 9, 1979, 93 Stat. 818; Pub. L. 96-342, title X, 1003, Sept. 8,
1980, 94 Stat. 1120; Pub. L. 97-86, title VI, 602, Dec. 1, 1981, 95
Stat. 1110.
Present law (section 811(a) of Public Law 95-79, as amended) provides
that the authority to suspend the limitation on the number of general
and flag officers who may be serving on active duty applies during war
or national emergency. In codifying the limitation (in section 526 of
title 10 as proposed to be added by section 1(b) of the bill), the
committee determined that the same war and emergency waiver authority as
applies to other limitations on the number of officers on active duty
under the existing 10 U.S.C. 526 (redesignated as 10 U.S.C. 527 by the
bill) should apply with respect to this limitation and accordingly
amended the suspension authority in present law to include the codified
general and flag officer limitation. This authority is slightly
different from the waiver authority in the source law in that the
suspension would expire 2 years after it takes effect or 1 year after
the end of the war or national emergency, whichever occurs first, rather
than upon termination of the war or emergency.
A prior section 526 was renumbered section 527 of this title.
1992 -- Subsec. (b). Pub. L. 102-484, 403(b), inserted heading.
Subsec. (c). Pub. L. 102-484, 403(a), added subsec. (c).
1990 -- Pub. L. 101-510 amended section generally. Prior to
amendment, text read as follows: ''The total number of general officers
on active duty in the Army, Air Force, and Marine Corps and flag
officers on active duty in the Navy may not exceed 1,073.''
Section 403(a) of Pub. L. 101-510 provided that the amendment made
by that section is effective Sept. 30, 1991.
10 USC 527. Authority to suspend sections 523, 524, 525, and 526
TITLE 10 -- ARMED FORCES
In time of war, or of national emergency declared by Congress or the
President after November 30, 1980, the President may suspend the
operation of any provision of section 523, 524, 525, or 526 of this
title. So long as such war or national emergency continues, any such
suspension may be extended by the President. Any such suspension shall,
if not sooner ended, end on the last day of the two-year period
beginning on the date on which the suspension (or the last extension
thereof) takes effect or on the last day of the one-year period
beginning on the date of the termination of the war or national
emergency, whichever occurs first. With respect to the end of any such
suspension, the preceding sentence supersedes the provisions of title II
of the National Emergencies Act (50 U.S.C. 1621-1622) which provide that
powers or authorities exercised by reason of a national emergency shall
cease to be exercised after the date of the termination of the
emergency.
(Added Pub. L. 96-513, title I, 103, Dec. 12, 1980, 94 Stat. 2845,
526; renumbered 527 and amended Pub. L. 100-370, 1(b)(1)(A), (2),
July 19, 1988, 102 Stat. 840.)
The National Emergencies Act, referred to in text, is Pub. L.
94-412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title II of the
National Emergencies Act is classified generally to subchapter II ( 1621
et seq.) of chapter 34 of Title 50, War and National Defense. For
complete classification of this Act to the Code, see Short Title note
set out under section 1601 of Title 50 and Tables.
1988 -- Pub. L. 100-370 renumbered section 526 of this title as this
section, substituted ''524, 525, and 526'' for ''524, and 525'' in
section catchline, and ''524, 525, or 526'' for ''524, or 525'' in text.
Functions of President under this section to suspend operation of
sections 523, 524, and 525 of this title, relating to authorized
strength of commissioned officers, delegated to Secretary of Defense to
perform during a time of war or national emergency, without approval,
ratification, or other action by President, and with authority for
Secretary to redelegate, provided that, during a national emergency
declared by President, the exercise of any such authority be
specifically directed by President in accordance with section 1631 of
Title 50, War and National Defense, and that Secretary ensure that
actions taken pursuant to any authority so delegated be accounted for as
required by section 1641 of Title 50, see Ex. Ord. No. 12396, 2, 3,
Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301
of Title 3, The President.
Suspension Authority
Pub. L. 102-25, title II, 201(b), 202, 205(b), Apr. 6, 1991, 105
Stat. 79, 80, provided that the Secretary of a military department may
suspend, for fiscal year 1991, the operation of any provision of section
517, 523, 524, 525, or 526 of this title with respect to that military
department, that such Secretary may exercise such authority only after
submission to the congressional defense committees of a certification in
writing that such authority is necessary because of personnel actions
associated with Operation Desert Storm, and that such authority is in
addition to the authority provided in this section.
10 USC CHAPTER 33 -- ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES
ABOVE WARRANT OFFICER GRADES
TITLE 10 -- ARMED FORCES
Sec.
531. Original appointments of commissioned officers.
532. Qualifications for original appointment as a commissioned
officer.
533. Service credit upon original appointment as a commissioned
officer.
541. Graduates of the United States Military, Naval, and Air Force
Academies.
1991 -- Pub. L. 102-190, div. A, title XI, 1112(b)(1), Dec. 5,
1991, 105 Stat. 1501, substituted ''ORIGINAL APPOINTMENTS OF REGULAR
OFFICERS IN GRADES ABOVE WARRANT OFFICER GRADES'' for ''APPOINTMENTS IN
REGULAR COMPONENTS'' as chapter heading, struck out analysis of
subchapters listing subchapter I ''Original Appointments of Regular
Officers in Grades above Warrant Officer Grades'' and subchapter II
''Appointments of Regular Warrant Officers'', and struck out subchapter
I heading.
1980 -- Pub. L. 96-513, title I, 104(a), Dec. 12, 1980, 94 Stat.
2845, inserted an analysis of subchapters immediately following chapter
heading, added subchapter I heading, and, in analysis of sections
following subchapter I heading, added items 531, 532, and 533 preceding
item 541, re-enacted item 541 without change, and struck out, following
item 541, items 555 to 565. The items 555 to 565 formerly set out in
the analysis of sections immediately following chapter heading were
transferred to a position following a new heading for subchapter II
preceding section 555.
Particular provisions relating to appointments --
Regular Air Force, see section 8281 et seq. of this title.
Regular Army, see section 3281 et seq. of this title.
Regular Coast Guard, see sections 212, 214 of Title 14, Coast Guard.
Regular Navy and Regular Marine Corps, see section 5582 et seq. of
this title.
10 USC 531. Original appointments of commissioned officers
TITLE 10 -- ARMED FORCES
(a) Original appointments in the grades of second lieutenant through
colonel in the Regular Army, Regular Air Force, and Regular Marine Corps
and in the grades of ensign through captain in the Regular Navy shall be
made by the President, by and with the advice and consent of the Senate.
(b) The grade of a person receiving an appointment under this section
who at the time of appointment (1) is credited with service under
section 533 of this title, and (2) is not a commissioned officer of a
reserve component shall be determined under regulations prescribed by
the Secretary of Defense based upon the amount of service credited. The
grade of a person receiving an appointment under this section who at the
time of the appointment is a commissioned officer of a reserve component
is determined under section 533(f) of this title.
(Added Pub. L. 96-513, title I, 104(a), Dec. 12, 1980, 94 Stat.
2845; amended Pub. L. 97-22, 3(a), July 10, 1981, 95 Stat. 124.)
1981 -- Pub. L. 97-22 designated existing provisions as subsec. (a)
and added subsec. (b).
Chapter effective Sept. 15, 1981, but the authority to prescribe
regulations under this chapter 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.
For provisions to prevent extinction or premature termination of
rights, duties, penalties, or proceedings that existed or were begun
prior to the effective date of Pub. L. 96-513 and otherwise to allow
for an orderly transition to the system of officer personnel management
put in place under Pub. L. 96-513, see section 601 et seq. of Pub. L.
96-513, set out as a note under section 611 of this title.
Pub. L. 101-189, div. A, title VII, 708, Nov. 29, 1989, 103 Stat.
1475, provided that:
''(a) Program Required. -- (1) Not later than September 30, 1991, the
Secretary of each military department shall implement a program to
appoint persons who have an associate degree or diploma in nursing (but
have not received a baccalaureate degree in nursing) as officers and to
assign such officers to duty as nurses.
''(2) An officer appointed pursuant to the program required by
subsection (a) shall be appointed in a warrant officer grade or in a
commissioned grade not higher than O-3. Such officer may not be
promoted above the grade of O-3 unless the officer receives a
baccalaureate degree in nursing.
''(b) Report on Implementation. -- Not later than April 1, 1990, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the actions taken by
the Secretaries of the military departments to implement the program
required by this section.''
10 USC 532. Qualifications for original appointment as a commissioned
officer
TITLE 10 -- ARMED FORCES
(a) Under regulations prescribed by the Secretary of Defense, an
original appointment as a commissioned officer (other than as a
commissioned warrant officer) in the Regular Army, Regular Navy, Regular
Air Force, or Regular Marine Corps may be given only to a person who --
(1) is a citizen of the United States;
(2) is able to complete 20 years of active commissioned service
before his fifty-fifth birthday;
(3) is of good moral character;
(4) is physically qualified for active service; and
(5) has such other special qualifications as the Secretary of the
military department concerned may prescribe by regulation.
(b)(1) Original appointments in the Regular Army in the Medical Corps
or Dental Corps, and original appointments in the Regular Air Force with
a view to designation of an officer as a medical or dental officer, may
be made in the grades of first lieutenant through colonel. Original
appointments in the Regular Navy in the Medical Corps or Dental Corps
may be made in the grades of lieutenant (junior grade) through captain.
Such appointments may be made only from persons who are qualified
doctors of medicine, osteopathy, or dentistry.
(2) To be eligible for an original appointment as a medical officer,
a doctor of osteopathy must --
(A) be a graduate of a college of osteopathy whose graduates are
eligible to be licensed to practice medicine or surgery in a majority of
the States;
(B) be licensed to practice medicine, surgery, or osteopathy in a
State or in the District of Columbia;
(C) under regulations prescribed by the Secretary of Defense, have
completed a number of years of osteopathic and preosteopathic education
equal to the number of years of medical and premedical education
prescribed for persons entering recognized schools of medicine who
become doctors of medicine and who would be qualified for an original
appointment in the grade for which that person is being considered for
appointment; and
(D) have such other qualifications as the Secretary of the military
department concerned prescribes after considering the recommendations,
if any, of the Surgeon General of the armed force concerned.
(c) Original appointments in the Regular Navy or Regular Marine Corps
of officers designated for limited duty shall be made under section 5589
or 5596 of this title.
(d) A person receiving an original appointment as a medical or dental
officer, as a chaplain, or as an officer designated for limited duty in
the Regular Navy or Regular Marine Corps is not subject to clause (2) of
subsection (a).
(e) After September 30, 1996, no person may receive an original
appointment as a commissioned officer in the Regular Army, Regular Navy,
Regular Air Force, or Regular Marine Corps until that person has
completed one year of service on active duty as a commissioned officer
(other than a warrant officer) of a reserve component.
(Added Pub. L. 96-513, title I, 104(a), Dec. 12, 1980, 94 Stat.
2845; amended Pub. L. 97-22, 3(b), July 10, 1981, 95 Stat. 124; Pub.
L. 97-295, 1(7), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 102-190, div.
A, title V, 501, Dec. 5, 1991, 105 Stat. 1354.)
1991 -- Subsec. (e). Pub. L. 102-190 added subsec. (e).
1982 -- Pub. L. 97-295 inserted ''a'' after ''original appointment
as'' in section catchline.
1981 -- Subsec. (d). Pub. L. 97-22 substituted ''medical or dental
officer, as a chaplain, or as an officer designated for limited duty in
the Regular Navy or Regular Marine Corps'' for ''medical officer or
dental officer or as a chaplain''.
Pub. L. 98-94, title X, 1006, Sept. 24, 1983, 97 Stat. 661,
provided that a citizen of the Northern Mariana Islands who indicates in
writing to a commissioned officer of the Armed Forces of the United
States an intent to become a citizen, and not a national, of the United
States, and who is otherwise qualified for military service under
applicable laws and regulations, may be appointed as an officer in the
Armed Forces of the United States, may be appointed or enrolled in the
Senior Reserve Officers' Training Corps program of any of the Armed
Forces under chapter 103 of title 10, United States Code, and may be
selected to be a participant in the Armed Forces Health Professions
Scholarship program under chapter 105 of such title, and that this
section shall expire upon the establishment of the Commonwealth of the
Northern Mariana Islands. The Commonwealth was established as of 12:01
a.m., Nov. 4, 1986, see section 2(a), (b) of Proc. No. 5564, set out as
a note under section 1681 of Title 48, Territories and Insular
Possessions.
10 USC 533. Service credit upon original appointment as a commissioned
officer
TITLE 10 -- ARMED FORCES
(a)(1) For the purpose of determining the grade and rank within grade
of a person receiving an original appointment in a commissioned grade
(other than a warrant officer grade) in the Regular Army, Regular Navy,
Regular Air Force, or Regular Marine Corps, such person shall be
credited at the time of such appointment with any active commissioned
service (other than service as a commissioned warrant officer) that he
performed in any armed force, the National Oceanic and Atmospheric
Administration, or the Public Health Service before such appointment.
(2) The Secretary of Defense shall prescribe regulations, which shall
apply uniformly among the Army, Navy, Air Force, and Marine Corps, to
authorize the Secretary of the military department concerned to limit
the amount of prior active commissioned service with which a person
receiving an original appointment may be credited under paragraph (1),
or to deny any such credit, in the case of a person who at the time of
such appointment is credited with constructive service under subsection
(b).
(b)(1) Under regulations prescribed by the Secretary of Defense, the
Secretary of the military department concerned shall credit a person who
is receiving an original appointment in a commissioned grade (other than
a commissioned warrant officer grade) in the Regular Army, Regular Navy,
Regular Air Force, or Regular Marine Corps and who has advanced
education or training or special experience with constructive service
for such education, training, or experience as follows:
(A) One year for each year of advanced education beyond the
baccalaureate degree level, for persons appointed, designated, or
assigned in officer categories requiring such advanced education or an
advanced degree as a prerequisite for such appointment, designation, or
assignment. Except as provided in clause (E), in determining the number
of years of constructive service to be credited under this clause to
officers in any professional field, the Secretary concerned shall credit
an officer with, but with not more than, the number of years of
postsecondary education in excess of four that are required by a
majority of institutions that award degrees in that professional field
for completion of the advanced education or award of the advanced
degree.
(B)(i) Credit for any period of advanced education in a health
profession (other than medicine and dentistry) beyond the baccalaureate
degree level which exceeds the basic education criteria for appointment,
designation, or assignment, if such advanced education will be directly
used by the armed force concerned.
(ii) Credit for experience in a health profession (other than
medicine or dentistry), if such experience will be directly used by the
armed force concerned.
(C) Additional credit of (i) not more than one year for internship or
equivalent graduate medical, dental, or other formal professional
training required by the armed forces, and (ii) not more than one year
for each additional year of such graduate-level training or experience
creditable toward certification in a specialty required by the armed
forces.
(D) Additional credit, in unusual cases, based on special experience
in a particular field.
(E) Additional credit of one year for advanced education in a health
profession if the number of years of baccalaureate education completed
by 75 percent or more of the students entering advanced training in that
health profession exceeds, by one or more, the minimum number of years
of preprofessional education required by a majority of institutions
which award degrees in that health profession. The percentage of such
persons shall be computed on an annual basis for each health profession
from the data for the year in which the person being appointed,
designated, or assigned was admitted to a professional school. However,
a person may not receive additional credit under this clause if the
amount of his baccalaureate education does not exceed, by one or more,
the minimum number of years of preprofessional education required by a
majority of institutions which award degrees for that health profession,
determined on the basis prescribed in the preceding sentence.
(F) Additional credit for experience as a physician or dentist, if
appointed as a medical or dental officer in the Army or Navy or, in the
case of the Air Force, with a view to designation as a medical or dental
officer.
(2) Except as authorized by the Secretary concerned in individual
cases and under regulations prescribed by the Secretary of Defense in
the case of a medical or dental officer, the amount of constructive
service credited an officer under this subsection may not exceed the
amount required in order for the officer to be eligible for an original
appointment in the grade of major in the Army, Air Force, or Marine
Corps or lieutenant commander in the Navy.
(3) Constructive service credited an officer under this subsection is
in addition to any service credited that officer under subsection (a)
and shall be credited at the time of the original appointment of the
officer.
(c) Constructive service credited an officer under subsection (b)
shall be used only for determining the officer's --
(1) initial grade as a regular officer;
(2) rank in grade; and
(3) service in grade for promotion eligibility.
(d)(1) Constructive service may not be credited under subsection (b)
for education, training, or experience obtained while serving as a
commissioned officer (other than a warrant officer) on active duty or in
an active status. However, in the case of an officer who completes
advanced education or receives an advanced degree while on active duty
or in an active status and in less than the number of years normally
required to complete such advanced education or receive such advanced
degree, constructive service may, subject to regulations prescribed
under subsection (a)(2), be credited to the officer under subsection
(b)(1)(A) to the extent that the number of years normally required to
complete such advanced education or receive such advanced degree exceeds
the actual number of years in which such advanced education or degree is
obtained by the officer.
(2) A graduate of the United States Military Academy, the United
States Naval Academy, or the United States Air Force Academy is not
entitled to service credit under this section for service performed, or
education, training, or experience obtained, before graduation from such
Academy.
(e) If the Secretary of Defense determines that the number of
qualified judge advocates serving on active duty in the Army, Navy, Air
Force, or Marine Corps in grades below major or lieutenant commander is
critically below the number needed by such armed force in such grades,
he may authorize the Secretary of the military department concerned to
credit any person receiving an original appointment in the Judge
Advocate General's Corps of the Army or Navy, or any person receiving an
original appointment in the Air Force or Marine Corps with a view to
designation as a judge advocate, with a period of constructive service
in such an amount (in addition to any period of service credited such
person under subsection (b)(1)) as will result in the grade of such
person being that of captain or, in the case of an officer of the Navy,
lieutenant and the date of rank of such person being junior to that of
all other officers of the same grade serving on active duty.
(f) A reserve officer (other than a warrant officer) who receives an
original appointment as an officer (other than as a warrant officer) in
the Regular Army, Regular Navy, Regular Air Force, or Regular Marine
Corps shall --
(1) in the case of an officer on the active-duty list immediately
before that appointment as a regular officer, be appointed in the same
grade and with the same date of rank as the grade and date of rank held
by the officer on the active-duty list immediately before the
appointment; and
(2) in the case of an officer not on the active-duty list immediately
before that appointment as a regular officer, be appointed in the same
grade and with the same date of rank as the grade and date of rank which
the officer would have held had the officer been serving on the
active-duty list on the date of the appointment as a regular officer.
(Added Pub. L. 96-513, title I, 104(a), Dec. 12, 1980, 94 Stat.
2846; amended Pub. L. 97-22, 3(c), July 10, 1981, 95 Stat. 125; Pub.
L. 98-94, title X, 1007(c)(1), Sept. 24, 1983, 97 Stat. 662; Pub. L.
100-180, div. A, title VII, 714(a), Dec. 4, 1987, 101 Stat. 1112.)
1987 -- Subsec. (b)(1)(B). Pub. L. 100-180 designated existing
provisions as cl. (i) and added cl. (ii).
1983 -- Subsec. (a)(1). Pub. L. 98-94 inserted '', the National
Oceanic and Atmospheric Administration, or the Public Health Service''.
1981 -- Subsec. (b)(1)(A). Pub. L. 97-22, 3(c)(1), inserted '',
designated, or assigned'' in first sentence after ''persons appointed''
and substituted ''Except as provided in clause (E), in determining the
number of years of constructive service to be credited under this clause
to officers in any professional field, the Secretary concerned shall
credit an officer with, but with not more than, the number of years of
postsecondary education in excess of four that are required by a
majority of institutions that award degrees in that professional field
for completion of the advanced education or award of the advanced
degree'' for ''(Except as provided in clause (E), in determining the
years of constructive service under this clause, the Secretary concerned
shall grant credit for only the number of years normally required to
complete the advanced education or receive the advanced degree''.
Subsec. (b)(1)(B). Pub. L. 97-22, 3(c)(2), substituted
''appointment, designation, or assignment, if such advanced education''
for ''appointment as an officer, if such advanced education''.
Subsec. (b)(1)(E). Pub. L. 97-22, 3(c)(3), substituted ''person
being appointed, designated, or assigned was admitted'' for ''person
being appointed was admitted''.
Subsec. (d)(1). Pub. L. 97-22, 3(c)(4), inserted provision that, in
the case of an officer who completes advanced education or receives an
advanced degree while on active duty or in an active status and in less
than the number of years normally required to complete such advanced
education or receive such advanced degree, constructive service may,
subject to regulations prescribed under subsection (a)(2), be credited
to the officer under subsection (b)(1)(A) to the extent that the number
of years normally required to complete such advanced education or
receive such advanced degree exceeds the actual number of years in which
such advanced education or degree is obtained by the officer.
Subsec. (f). Pub. L. 97-22, 3(c)(5), substituted ''A reserve officer
(other than a warrant officer) who receives an original appointment as
an officer (other than as a warrant officer) in the Regular Army,
Regular Navy, Regular Air Force, or Regular Marine Corps shall (1) in
the case of an officer on the active-duty list immediately before that
appointment as a regular officer, be appointed in the same grade and
with the same date of rank as the grade and date of rank held by the
officer on the active-duty list immediately before the appointment; and
(2) in the case of an officer not on the active-duty list immediately
before that appointment as a regular officer, be appointed in the same
grade and with the same date of rank as the grade and date of rank which
the officer would have held had the officer been serving on the
active-duty list on the date of the appointment as a regular officer''
for ''An officer of a reserve component who receives an original
appointment as an officer (other than a warrant officer) in the Regular
Army, Regular Navy, Regular Air Force, or Regular Marine Corps shall be
appointed in the grade and with the date of rank to which he would have
been entitled had he been serving on active duty as an officer of a
reserve component on the date of such original appointment as a regular
officer''.
For savings provision relating to constructive service previously
granted, see section 625 of Pub. L. 96-513, set out as a note under
section 611 of this title.
10 USC 541. Graduates of the United States Military, Naval, and Air
Force Academies
TITLE 10 -- ARMED FORCES
(a) Notwithstanding any other provision of law, each cadet at the
United States Military Academy or the United States Air Force Academy,
and each midshipman at the United States Naval Academy, is entitled,
before graduating from that Academy, to state his preference for
appointment, upon graduation, as a commissioned officer in either the
Army, Navy, Air Force, or Marine Corps.
(b) With the consent of the Secretary of the military department
administering the Academy from which the cadet or midshipman is to be
graduated, and of the Secretary of the military department having
jurisdiction over the armed force for which that graduate stated his
preference, the graduate is entitled to be accepted for appointment in
that armed force. However, not more than 12 1/2 percent of any
graduating class at an Academy may be appointed in armed forces not
under the jurisdiction of the military department administering that
Academy.
(c) The Secretary of Defense shall, by regulation, provide for the
equitable distribution of appointments in cases where more than 12 1/2
percent of the graduating class of any Academy request appointment in
armed forces not under the jurisdiction of the military department
administering that Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 19.)
In subsection (a), the words ''is entitled * * * to'' are substituted
for the words ''shall * * * be afforded an opportunity to''.
In subsection (b), the words ''is entitled'' are substituted for the
word ''shall''.
In subsection (c), the words ''and fair'' are omitted as surplusage.
10:1092c-1(c), 10:1856(c), and 34:1057-1(c) are omitted as covered by
section 51(a) of the bill.
Section 52(a) of act Aug. 10, 1956, provided that: ''Section 541 of
title 10, United States Code, enacted by section 1 of this Act, takes
effect (1) in the year in which the initial class graduates from the
United States Air Force Academy, or (2) upon the rescission of the
agreement under which graduates of the United States Military Academy
and the United States Naval Academy may volunteer for appointment in the
Air Force, whichever is earlier.''
Section 44 of act Aug. 10, 1956, provided that:
''(a) Notwithstanding any other provision of law, a cadet who
graduates from the United States Military Academy may, upon graduation
and before the effective date of section 541 of title 10, United States
Code, be appointed a second lieutenant in the Regular Air Force.
''(b) Notwithstanding any other provision of law, no person who was a
cadet at the United States Military Academy may be originally appointed
in a commissioned grade in the Regular Air Force under this section
before the date on which his classmates at the Academy are graduated and
appointed as officers. No person who was a cadet at, but did not
graduate from, the Academy may be credited, upon appointment as a
commissioned officer of the Regular Air Force, with longer service than
that credited to any member of his class at the Academy whose service in
the Air Force, or in the Army and the Air Force, has been continuous
since graduation.
''(c) A graduate of the United States Military Academy who is
originally appointed a second lieutenant in the Regular Air Force under
this section is not entitled to any service credit under this section.
''(d) Rank among graduates of each class of the United States
Military Academy who, upon graduation, are appointed in the Regular Air
Force under this section shall be fixed under regulations prescribed by
the Secretary of the Air Force.
''(e) The authorized strength in any regular grade is automatically
increased to the minimum extent necessary to give effect to each
appointment made under this section. An authorized strength so
increased is increased for no other purpose, and while he holds that
grade the officer whose appointment caused the increase is counted for
the purpose of determining when other appointments, not under this
section, may be made in that grade.''
Commission on graduation, cadets, see sections 4353, 9353 of this
title.
10 USC ( 555 to 565. Repealed. Pub. L. 102-190, div. A, title XI,
1112(a), Dec. 5, 1991, 105 Stat. 1492)
TITLE 10 -- ARMED FORCES
Prior to repeal, sections 555 to 565 read as follows:
555. Warrant officers: grades
(a) The regular warrant officer grades in each armed force
corresponding to the pay grades prescribed for warrant officers by
section 201(b) of title 37 are as follows:
Warrant officer grade:
Chief warrant officer, W-4
Chief warrant officer, W-3
Chief warrant officer, W-2
Warrant officer, W-1
(b) Permanent appointments of regular warrant officers, W-1, shall be
made by warrant by the Secretary concerned. Permanent appointments of
regular chief warrant officers shall be made by commission by the
President.
(Aug. 10, 1956, ch. 1041, 70A Stat. 20; Sept. 7, 1962, Pub. L.
87-649, 6(f)(2), 14c(2), 76 Stat. 494, 501; July 30, 1977, Pub. L.
95-79, title III, 302(a)(4), 91 Stat. 326; Nov. 8, 1985, Pub. L.
99-145, title V, 531(a), title XIII, 1303(a)(5), 99 Stat. 633, 739.)
556. Warrant officers: original appointment; service credit
For the purposes of promotion, persons originally appointed in
regular warrant officer grades under section 555 of this title shall be
credited with such service as the Secretary concerned may prescribe.
However, such a person may not be credited with a period of service
greater than the period of active service performed in the grade, or pay
grade corresponding to the grade, in which so appointed, or in any
higher grade or pay grade.
(Aug. 10, 1956, ch. 1041, 70A Stat. 20.)
557. Warrant officers: promotion; qualifications
(a) The promotion of permanent regular warrant officers to permanent
regular warrant officer grades shall be governed by such regulations
relating to physical, moral, and professional qualifications as the
Secretary concerned may prescribe. However, the physical qualifications
for promotion must be the same as those prescribed for retention on
active duty.
(b) A regular warrant officer who is selected for promotion to the
next higher regular warrant officer grade under this chapter, but who,
within such time as may be prescribed by the Secretary concerned, fails
to meet the moral and professional qualifications prescribed by the
Secretary under subsection (a), shall be treated as if he had twice
failed of selection for promotion.
(Aug. 10, 1956, ch. 1041, 70A Stat. 20.)
558. Warrant officers: promotion; selection boards
(a) Whenever the Secretary concerned determines that the needs of the
service so require, but at least once a year, he shall appoint selection
boards to consider permanent regular warrant officers for promotion to
permanent regular warrant officer grades. Each board shall be composed
of at least five officers of the armed force concerned who hold a
permanent regular grade above major or lieutenant commander.
(b) No officer may serve on two consecutive boards under this
section, if the second board considers any warrant officer who was
considered by the first board.
(c) The Secretary concerned shall prescribe all other matters
relating to the functions and duties of the boards, including the number
of members constituting a quorum.
(Aug. 10, 1956, ch. 1041, 70A Stat. 20.)
559. Warrant officers: eligibility for promotion
Each permanent regular warrant officer shall be considered by a
selection board for promotion to the next higher permanent regular
warrant officer grade far enough in advance of the date upon which he
will complete (1) three years of service in his permanent regular
warrant officer grade, if he is in the grade of warrant officer, W-1, or
(2) six years of service in his permanent regular warrant officer grade,
if he is in the grade of chief warrant officer, W-2, or chief warrant
officer, W-3, so that he may be promoted as of the day after the date on
which he will complete that service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 21.)
560. Warrant officers: promotion; selection procedure
(a) The Secretary concerned shall furnish each selection board a list
of all permanent regular warrant officers, in order of seniority in
permanent regular grade, who are eligible to be considered for promotion
to the next higher permanent regular warrant officer grade.
(b) From the list of warrant officers, W-1, the selection board shall
select those whom it considers fully qualified for promotion. It shall
also report the names of those whom it recommends for termination under
section 1165 of this title.
(c) The Secretary concerned shall prescribe the number of warrant
officers who may be selected under this section for promotion to each of
the grades of chief warrant officer, W-3 and chief warrant officer, W-4.
The number so prescribed by him for a grade may not be less than 80
percent of the number of warrant officers who are being considered for
the first time for promotion to that grade.
(d) From the list of chief warrant officers, W-2, and chief warrant
officers, W-3, the selection board shall select for promotion to the
next higher permanent regular warrant officer grade those whom it
considers best qualified for promotion, but not more than the number
specified by the Secretary.
(e) Under such regulations as the Secretary may prescribe, the
selection board shall report the names of those chief warrant officers
considered by it whose records and reports establish, in its opinion,
their unfitness or unsatisfactory performance in their permanent regular
grades. A warrant officer whose name is so reported shall be retired,
enlisted, or separated under section 1165 or 1166 of this title.
(f) The names of warrant officers selected for promotion under this
section shall be arranged in the board's report in order of seniority in
permanent regular grade.
(g) The report of the selection board shall be submitted to the
Secretary concerned. The Secretary may approve or disapprove all or
part of the report.
(Aug. 10, 1956, ch. 1041, 70A Stat. 21; Sept. 2, 1958, Pub. L.
85-861, 33(a)(3), 72 Stat. 1564.)
561. Warrant officers: effect of failure of selection for promotion
A regular warrant officer who has been considered by a selection
board for promotion under section 559 of this title, but not selected,
shall be considered for promotion by each later selection board that
considers officers in his permanent regular grade, until he is retired,
separated, or selected for promotion.
(Aug. 10, 1956, ch. 1041, 70A Stat. 22.)
562. Warrant officers: disapproval of promotion by Secretary
concerned, President, or Senate
(a) If the Secretary concerned, the President, or the Senate
disapproves the promotion of a permanent regular warrant officer before
it takes effect, his name shall be removed from the list of those
selected for the promotion and he continues to be eligible for
consideration for promotion.
(b) If the next selection board selects that warrant officer for
promotion, his name shall be replaced without prejudice on the list from
which it was removed. If he is promoted, his date of appointment is the
date it would have been had his name not been removed.
(c) If the next selection board does not select him for promotion, or
if his name is again removed under subsection (a) from the list of
officers selected by the next selection board, he shall be treated as if
he had twice failed of selection for promotion.
(Aug. 10, 1956, ch. 1041, 70A Stat. 22.)
563. Warrant officers: promotion; effective date
(a) A permanent regular warrant officer who is selected for promotion
to the next higher permanent regular warrant officer grade by the first
selection board that considered him for promotion to that grade, and who
is qualified under section 557(a) of this title, shall be promoted to
that grade. His date of appointment in that grade is the day after he
completes the service prescribed in section 559 of this title.
(b) A permanent regular warrant officer who is selected for promotion
to the next higher permanent regular warrant officer grade after having
previously failed of selection for promotion to that grade, and who is
qualified under section 557(a) of this title, shall be promoted to that
grade. His date of appointment in that grade is the earlier of the
following dates:
(1) One year after the date upon which his promotion would have been
effective had he been selected by the last selection board that failed
to select him.
(2) The earliest date upon which any warrant officer who did not fail
of selection, and whose name follows his on the list submitted to the
Secretary under section 560(g) of this title, is promoted to that grade.
(Aug. 10, 1956, ch. 1041, 70A Stat. 22.)
564. Warrant officers: effect of second failure of promotion
(a) Unless retired or separated under some other provision of law, a
permanent regular warrant officer who has twice failed of selection for
promotion to the next higher permanent regular warrant officer grade
shall --
(1) if he has more than 20 years of active service that could be
credited to him under section 511 of the Career Compensation Act of
1949, as amended (70 Stat. 114) on (A) the date when the Secretary
concerned approves the report of the board under section 560(g) of this
title, (B) the date when his name was removed from the recommended list
under section 562(a) of this title, or (C) the date prescribed by the
Secretary concerned under section 557(b) of this title, whichever
applies, be retired 60 days after that date, except as provided by
section 8301 of title 5, with retired pay computed under section 1401 of
this title;
(2) if he has at least 18 but not more than 20 years of such active
service on (A) the date when the Secretary concerned approves the report
of the board under section 560(g) of this title, (B) the date when his
name was removed from the recommended list under section 562(a) of this
title, or (C) the date prescribed by the Secretary concerned under
section 557(b) of this title, whichever applies, be retired 60 days
after the date upon which he completes 20 years of active service,
except as provided by section 8301 of title 5, with retired pay computed
under section 1401 of this title, unless he is selected for promotion to
the next higher permanent regular grade before that date; or
(3) if he has less than 18 years of such active service on (A) the
date when the Secretary concerned approves the report of the board under
section 560(g) of this title, (B) the date when his name was removed
from the recommended list under section 562(a) of this title, or (C) the
date prescribed by the Secretary concerned under section 557(b) of this
title, whichever applies, be separated 60 days after that date with (1)
severance pay computed under section 286a of title 14, or (2) separation
pay computed under section 1174 of this title, as appropriate, unless --
(A) upon his request and in the discretion of the Secretary
concerned, he is enlisted in the grade prescribed by the Secretary; or
(B) he is serving on active duty in a grade above chief warrant
officer, W-4, and elects, with the consent of the Secretary concerned,
to remain on active duty in that status.
(b) The Secretary concerned may defer, for not more than four months,
the retirement or separation under this section of any warrant officer
if, because of unavoidable circumstances, evaluation of his physical
condition and determination of his entitlement to retirement or
separation for physical disability require hospitalization or medical
observation that cannot be completed before the date when he would
otherwise be required to retire or be separated under this section.
(c) The Secretary concerned may defer, until such date as he
prescribes, the retirement under subsection (a) of a warrant officer who
is serving on active duty as a commissioned officer and who elects to
continue to so serve.
(d) If a warrant officer who also holds a grade above chief warrant
officer, W-4, is retired or separated under subsection (a), his
commission in the higher grade shall be terminated on the date when he
is so retired or separated.
(Aug. 10, 1956, ch. 1041, 70A Stat. 22; Sept. 7, 1962, Pub. L.
87-649, 6(f)(3), 76 Stat. 494; Nov. 2, 1966, Pub. L. 89-718, 3, 80
Stat. 1115; Dec. 12, 1980, Pub. L. 96-513, title V, 501(6), 94 Stat.
2907.)
565. Warrant officers: suspension of laws for promotion or
mandatory retirement or separation during war or emergency
In time of war, or of emergency declared after May 29, 1954, by
Congress or the President, the President may suspend the operation of
any provision of law relating to promotion, or mandatory retirement or
separation, of permanent regular warrant officers of any armed force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 24.)
Repeal effective Feb. 1, 1992, see section 1132 of Pub. L.
102-190, set out as an Effective Date of 1991 Amendment note under
section 521 of this title.
Pub. L. 102-190, div. A, title XI, 1125(a), Dec. 5, 1991, 105
Stat. 1505, provided that: ''Notwithstanding any other provision of
law, the provisions of sections 555 through 565 of title 10, United
States Code, as in effect on the day before the effective date of this
title (Feb. 1, 1992), shall continue to apply to the Coast Guard on and
after that date.''
10 USC CHAPTER 33A -- APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION
AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY LIST
TITLE 10 -- ARMED FORCES
Sec.
571. Warrant officers: grades.
572. Warrant officers: original appointment; service credit.
573. Convening of selection boards.
574. Warrant officer active-duty lists; competitive categories;
number to be recommended for promotion; promotion zones.
575. Recommendations for promotion by selection boards.
576. Information to be furnished to selection boards; selection
procedures.
577. Promotions: effect of failure of selection for.
578. Promotions: how made; effective date.
579. Removal from a promotion list.
580. Regular warrant officers twice failing of selection for
promotion: involuntary retirement or separation.
581. Selective retirement.
582. Warrant officer active-duty list: exclusions.
583. Definitions.
1992 -- Pub. L. 102-484, div. A, title X, 1052(6), Oct. 23, 1992,
106 Stat. 2499, inserted ''to be'' after ''Information'' in item 576
and substituted ''Promotions:'' for ''Promotions;'' in item 578.
Suspension of officer personnel laws during war or national
emergency, see section 644 of this title.
10 USC 571. Warrant officers: grades
TITLE 10 -- ARMED FORCES
(a) The regular warrant officer grades in the Army, Navy, Air Force,
and Marine Corps corresponding to the pay grades prescribed for warrant
officers by section 201(b) of title 37 are as follows:
Warrant officer grade:
Chief warrant officer, W-5.
Chief warrant officer, W-4.
Chief warrant officer, W-3.
Chief warrant officer, W-2.
Warrant officer, W-1.
(b) Appointments in the grade of regular warrant officer, W-1, shall
be made by warrant by the Secretary concerned. Appointments in regular
chief warrant officer grades shall be made by commission by the
President.
(c) An appointment may not be made in any of the armed forces in the
regular warrant officer grade of chief warrant officer, W-5, if the
appointment would result in more than 5 percent of the warrant officers
of that armed force on active duty being in the grade of chief warrant
officer, W-5. In computing the limitation prescribed in the preceding
sentence, there shall be excluded warrant officers described in section
582 of this title.
(Added Pub. L. 102-190, div. A, title XI, 1112(a), Dec. 5, 1991, 105
Stat. 1493; amended Pub. L. 102-484, div. A, title X, 1052(2), Oct.
23, 1992, 106 Stat. 2499.)
1992 -- Subsec. (a). Pub. L. 102-484 inserted a period at end of
each item in table.
Chapter effective Feb. 1, 1992, see section 1132 of Pub. L.
102-190, set out as an Effective Date of 1991 Amendment note under
section 521 of this title.
Section 1101 of title XI of Pub. L. 102-190 provided that: ''This
title (enacting this chapter and section 742 of this title, amending
sections 521, 522, 597, 598, 603, 628, 644, 741, 1166, 1174, 1305, 1406,
5414, 5457, 5458, 5501 to 5503, 5596, 5600, 5665, 6389, and 6391 of this
title, sections 286a and 334 of Title 14, Coast Guard, and sections 201,
301, 301c, 305a, and 406 of Title 37, Pay and Allowances of the
Uniformed Services, repealing sections 555 to 565, 602, and 745 of this
title, and enacting provisions set out as notes under this section,
sections 521 and 555 of this title, and section 1009 of Title 37) may be
cited as the 'Warrant Officer Management Act'.''
Part B ( 1121-1124) of title XI of Pub. L. 102-190 provided that:
''SEC. 1121. TRANSITION FOR CERTAIN REGULAR WARRANT OFFICERS SERVING
IN A HIGHER TEMPORARY GRADE BELOW CHIEF WARRANT OFFICER, W-5.
''(a) Certain Officers To Be Considered as Recommended for Promotion.
-- A regular warrant officer of the Armed Forces (other than the Coast
Guard) who on the effective date of this title (Feb. 1, 1992) is on
active duty and --
''(1) is serving in a temporary grade below chief warrant officer,
W-5, that is higher than his permanent grade;
''(2) is on a list of officers recommended for promotion to a
temporary grade below chief warrant officer, W-5; or
''(3) is on a list of officers recommended for promotion to a
permanent grade higher than the grade in which he is serving;
shall be considered to have been recommended by a board convened
under section 573 of title 10, United States Code, as added by this
title, for promotion to the permanent grade equivalent to the grade in
which he is serving or for which he has been recommended for promotion,
as the case may be.
''(b) Board Consideration for Officers Removed From Promotion List.
-- An officer referred to in paragraph (1) of subsection (a) who is not
promoted to the grade to which he is considered under such subsection to
have been recommended for promotion because his name is removed from a
list of officers who are considered under such paragraph to have been
recommended for promotion shall be considered by a board convened under
section 573 of title 10, United States Code, as amended by this title,
for promotion to the permanent grade equivalent to the temporary grade
in which he was serving on the effective date of this title as if he
were serving in his permanent grade.
''(c) Date of Rank. -- The date of rank of an officer referred to in
subsection (a)(1) who is promoted to the grade in which he is serving on
the effective date of this title is the date of his temporary
appointment in that grade.
''SEC. 1122. TRANSITION FOR CERTAIN RESERVE WARRANT OFFICERS SERVING
IN A HIGHER TEMPORARY GRADE BELOW CHIEF WARRANT OFFICER, W-5.
''(a) Certain Officers To Be Considered as Recommended for Promotion.
-- (1) Except as provided in subsection (b), a reserve warrant officer
of the Armed Forces (other than the Coast Guard) who on the effective
date of this title (Feb. 1, 1992) is subject to placement on the warrant
officer active-duty list and who --
''(A) is serving in a temporary grade below chief warrant officer,
W-5, that is higher than his permanent grade; or
''(B) is on a list of warrant officers recommended for promotion to a
temporary grade below chief warrant officer, W-5, that is the same as or
higher than his permanent grade;
shall be considered to have been recommended by a board convened
under section 598 of title 10, United States Code, for promotion to the
permanent grade equivalent to the grade in which he is serving or for
which he has been recommended for promotion, as the case may be.
''(2) The date of rank of a warrant officer referred to in paragraph
(1)(A) who is promoted to the grade in which he is considered under such
paragraph to have been recommended for promotion is the date of his
temporary appointment in that grade.
''(b) Reserves on Active Duty. -- A reserve warrant officer who on
the effective date of this title --
''(1) is subject to placement on the warrant officer active-duty
list;
''(2) is serving on active duty in a temporary grade; and
''(3) holds a permanent grade higher than the temporary grade in
which he is serving,
shall while continuing on active duty retain such temporary grade and
shall be considered for promotion to a grade equal to or lower than his
permanent grade as if such temporary grade is a permanent grade. If
such warrant officer is recommended for promotion, his appointment to
such grade shall be a temporary appointment.
''SEC. 1123. CONTINUATION OF CERTAIN TEMPORARY APPOINTMENTS OF NAVY
AND MARINE CORPS WARRANT OFFICERS.
''A warrant officer of the Navy or Marine Corps who, on the effective
date of this title (Feb. 1, 1992), is subject to placement on the
warrant officer active-duty list and who --
''(1) was appointed as a temporary warrant officer under section 5596
of title 10, United States Code, and
''(2) has retained a permanent enlisted status,
shall, while continuing on active duty, retain such temporary status
and grade. Such an officer shall be considered for promotion to a
higher warrant officer grade under this title (see Short Title note
above) as if that temporary grade is a permanent grade. If the officer
is recommended for promotion, the officer's appointment to that grade
shall be a temporary appointment.
''SEC. 1124. SAVINGS PROVISION FOR CERTAIN REGULAR ARMY WARRANT
OFFICERS FACING MANDATORY RETIREMENT FOR LENGTH OF SERVICE.
''(a) Savings Provision. -- Subject to subsection (b), a regular
warrant officer of the Army who on the effective date of this title
(Feb. 1, 1992) --
''(1) is a permanent regular chief warrant officer; or
''(2) is on a list of officers recommended for promotion to a regular
chief warrant officer grade,
may be retained on active duty until he completes 30 years of active
service or 24 years of active warrant officer service, whichever is
later, that could be credited to him under section 511 of the Career
Compensation Act of 1949 (70 Stat. 114) (set out as a note under section
580 of this title) (as in effect on the day before the effective date of
this part (Feb. 1, 1992)), and then be retired under the appropriate
provision of title 10, United States Code, on the first day of the month
after the month in which he completes that service.
''(b) Exceptions. -- Subsection (a) does not apply to a regular
warrant officer who --
''(1) is sooner retired or separated under another provision of law;
''(2) is promoted to the regular grade of chief warrant officer, W-5;
or
''(3) is continued on active duty under section 580(e) of title 10,
United States Code, as added by this title.''
Section 1111(a) of Pub. L. 102-190 provided that: ''The grade of
chief warrant officer, W-5, is hereby established in the Army, Navy, Air
Force, and Marine Corps.''
Definition of warrant officer, see section 101 of this title.
Grades --
Applicability to permanent reserve warrant officers, see section 597
of this title.
Navy and Marine Corps, see section 5503 of this title.
Pay grades, see section 201 of Title 37, Pay and Allowances of the
Uniformed Services.
Qualifications for original appointment --
Army and Air Force, see sections 3310, 8310 of this title.
Coast Guard, see section 213 of Title 14, Coast Guard.
Reserve warrant officers, appointment, see section 597 of this title.
Suspension of officer personnel laws during war or national
emergency, see section 644 of this title.
Temporary appointments --
Coast Guard, see section 214 of Title 14, Coast Guard.
Navy and Marine Corps, see section 5596 of this title.
10 USC 572. Warrant officers: original appointment; service credit
TITLE 10 -- ARMED FORCES
For the purposes of promotion, persons originally appointed in
regular or reserve warrant officer grades shall be credited with such
service as the Secretary concerned may prescribe. However, such a
person may not be credited with a period of service greater than the
period of active service performed in the grade, or pay grade
corresponding to the grade, in which so appointed, or in any higher
grade or pay grade.
(Added Pub. L. 102-190, div. A, title XI, 1112(a), Dec. 5, 1991, 105
Stat. 1493.)
10 USC 573. Convening of selection boards
TITLE 10 -- ARMED FORCES
(a)(1) Whenever the Secretary of a military department determines
that the needs of the service so require, he shall convene a selection
board to recommend for promotion to the next higher warrant officer
grade warrant officers on the warrant officer active-duty list who are
in the grade of chief warrant officer, W-2, chief warrant officer, W-3,
or chief warrant officer, W-4.
(2) Warrant officers serving on the warrant officer active duty list
in the grade of warrant officer, W-1, shall be promoted to the grade of
chief warrant officer, W-2, in accordance with regulations prescribed by
the Secretary of the military department concerned. Such regulations
shall require that an officer have served not less than 18 months on
active duty in the grade of warrant officer, W-1, before promotion to
the grade of warrant officer, W-2.
(b) A selection board shall consist of five or more officers who are
on the active-duty list of the same armed force as the warrant officers
under consideration by the board. At least five members of a selection
board must be serving in a permanent grade above major or lieutenant
commander. The Secretary concerned may appoint warrant officers, senior
in grade to those under consideration, as additional members of the
selection board. If warrant officers are appointed members of the
selection board and if competitive categories have been established by
the Secretary under section 574(b) of this title, at least one must be
appointed from each warrant officer competitive category under
consideration by the board, unless there is an insufficient number of
warrant officers in the competitive category concerned who are senior in
grade to those under consideration and qualified, as determined by the
Secretary concerned, to be appointed as additional members of the board.
(c) The Secretary concerned may convene selection boards to recommend
regular warrant officers for continuation on active duty under section
580 of this title and for retirement under section 581 of this title.
(d) When reserve warrant officers of one of the armed forces are to
be considered by a selection board convened under subsection (a), the
membership of the board shall, if practicable, include at least one
reserve officer of that armed force, with the exact number of reserve
officers to be determined by the Secretary concerned.
(e) No officer may serve on two consecutive boards under this
section, if the second board considers any warrant officer who was
considered by the first board.
(f) The Secretary concerned shall prescribe all other matters
relating to the functions and duties of the boards, including the number
of members constituting a quorum, and instructions concerning notice of
convening of boards and communications with boards.
(Added Pub. L. 102-190, div. A, title XI, 1112(a), Dec. 5, 1991, 105
Stat. 1493.)
10 USC 574. Warrant officer active-duty lists; competitive
categories; number to be recommended for promotion; promotion zones
TITLE 10 -- ARMED FORCES
(a) The Secretary of each military department shall maintain for each
armed force under the jurisdiction of that Secretary a single list of
all warrant officers (other than warrant officers described in section
582 of this title) who are on active duty.
(b) The Secretary of each military department may establish
competitive categories for promotion. Warrant officers in the same
competitive category shall compete among themselves for promotion.
(c) Before convening a selection board under section 573 of this
title, the Secretary concerned shall determine for each grade (or grade
and competitive category) to be considered by the board the following:
(1) The maximum number of warrant officers to be recommended for
promotion.
(2) A promotion zone for warrant officers on the warrant officer
active-duty list.
(d) The position of a warrant officer on the warrant officer
active-duty list shall be determined as follows:
(1) Warrant officers shall be carried in the order of seniority of
the grade in which they are serving on active duty.
(2) Warrant officers serving in the same grade shall be carried in
the order of their rank in that grade.
(3) A warrant officer on the warrant officer active-duty list who
receives a temporary appointment or a temporary assignment in a grade
other than a warrant officer grade or chief warrant officer grade shall
retain his position on the warrant officer active-duty list while so
serving.
(e) A chief warrant officer may not be considered for promotion to
the next higher grade under this chapter until the officer has completed
three years of service on active duty in the grade in which the officer
is serving.
(Added Pub. L. 102-190, div. A, title XI, 1112(a), Dec. 5, 1991, 105
Stat. 1494; amended Pub. L. 102-484, div. A, title X, 1052(3), Oct.
23, 1992, 106 Stat. 2499.)
1992 -- Subsec. (d)(3). Pub. L. 102-484 substituted ''active-duty
list'' for ''active duty list'' before ''while''.
10 USC 575. Recommendations for promotion by selection boards
TITLE 10 -- ARMED FORCES
(a) A selection board convened under section 573(a) of this title
shall recommend for promotion to the next higher grade those warrant
officers considered by the board whom the board, giving due
consideration to the needs of the armed force concerned for warrant
officers with particular skills, considers best qualified for promotion
within each grade (or grade and competitive category) considered by the
board.
(b)(1) In the case of a selection board to consider warrant officers
for selection for promotion to the grade of chief warrant officer, W-4,
or chief warrant officer, W-5, the Secretary concerned shall establish
the number of warrant officers that the selection board may recommend
from among warrant officers being considered from below the promotion
zone within each grade (or grade and competitive category). The number
of warrant officers recommended for promotion from below the promotion
zone does not increase the maximum number of warrant officers which the
board is authorized under section 574 of this title to recommend for
promotion.
(2) The number of officers recommended for promotion from below the
promotion zone may not exceed 10 percent of the total number
recommended, except that the Secretary of Defense may authorize such
percentage to be increased to not more than 15 percent.
(c) A selection board convened under section 573(a) of this title may
not recommend a warrant officer for promotion unless --
(1) the officer receives the recommendation of a majority of the
members of the board; and
(2) a majority of the members of the board find that the officer is
fully qualified for promotion.
(d) Each time a selection board is convened under section 573(a) of
this title to consider warrant officers in a competitive category for
promotion to the next higher grade, each warrant officer in the
promotion zone, and each warrant officer above the promotion zone, for
the grade and competitive category under consideration shall be
considered for promotion.
(Added Pub. L. 102-190, div. A, title XI, 1112(a), Dec. 5, 1991, 105
Stat. 1495.)
10 USC 576. Information to be furnished to selection boards;
selection procedures
TITLE 10 -- ARMED FORCES
(a) The Secretary of the military department concerned shall furnish
to each selection board convened under section 573 of this title the
following:
(1) The maximum number of warrant officers that may be recommended
for promotion from those serving in any grade (or grade and competitive
category) to be considered, as determined in accordance with section 574
of this title.
(2) The names and pertinent records of all officers in each grade (or
grade and competitive category) to be considered.
(3) Such information or guidelines relating to the needs of the armed
force concerned for warrant officers having particular skills, including
guidelines or information relating to the need for either a minimum
number or a maximum number of officers with particular skills within a
grade or competitive category, as the Secretary concerned determines to
be relevant in relation to the requirements of that armed force.
(b) From each promotion zone for a grade (or grade and competitive
category), the selection board shall recommend for promotion to the next
higher warrant officer grade those warrant officers whom it considers
best qualified for promotion, but no more than the number specified by
the Secretary concerned.
(c) The names of warrant officers selected for promotion under this
section shall be arranged in the board's report in order of the
seniority on the warrant officer active-duty list.
(d) Under such regulations as the Secretary concerned may prescribe,
the selection board shall report the names of those warrant officers
considered by it whose records establish, in its opinion, their
unfitness or unsatisfactory performance. A regular warrant officer
whose name is so reported shall be considered, under regulations
provided by the Secretary concerned, for retirement or separation under
section 1166 of this title.
(e) The report of the selection board shall be submitted to the
Secretary of the military department concerned. The Secretary may
approve or disapprove all or part of the report.
(f)(1) Upon receipt of the report of a selection board submitted to
him under subsection (e), the Secretary concerned shall review the
report to determine whether the board has acted contrary to law or
regulation or to guidelines furnished the board under this section.
Following such review, unless the Secretary concerned makes a
determination as described in paragraph (2), the Secretary shall submit
the report as required by subsection (e).
(2) If, on the basis of a review of the report under paragraph (1),
the Secretary of the military department concerned determines that the
board acted contrary to law or regulation or to guidelines furnished the
board under this section, the Secretary shall return the report,
together with a written explanation of the basis for such determination,
to the board for further proceedings. Upon receipt of a report returned
by the Secretary concerned under this paragraph, the selection board (or
a subsequent selection board convened under section 573 of this title
for the same grade and competitive category) shall conduct such
proceedings as may be necessary in order to revise the report to be
consistent with law, regulation, and such guidelines and shall resubmit
the report, as revised, to the Secretary in accordance with subsection
(e).
(Added Pub. L. 102-190, div. A, title XI, 1112(a), Dec. 5, 1991, 105
Stat. 1496.)
10 USC 577. Promotions: effect of failure of selection for
TITLE 10 -- ARMED FORCES
A warrant officer who has been considered for promotion by a
selection board convened under section 573 of this title, but not
selected, shall be considered for promotion by each subsequent selection
board that considers officers in his grade (or grade and competitive
category) until he is retired or separated or he is selected for
promotion. However, the Secretary concerned may, by regulation,
preclude from consideration by a selection board by which he would
otherwise be eligible to be considered, a warrant officer who has an
established separation date that is within 90 days after the date on
which the board is convened.
(Added Pub. L. 102-190, div. A, title XI, 1112(a), Dec. 5, 1991, 105
Stat. 1497.)
10 USC 578. Promotions: how made; effective date
TITLE 10 -- ARMED FORCES
(a) When the report of a selection board convened under this chapter
is approved by the Secretary concerned, the Secretary shall place the
names of the warrant officers approved for promotion on a single
promotion list for each grade (or grade and competitive category), in
the order of the seniority of such officers on the warrant officer
active-duty list.
(b) Promotions of warrant officers on the warrant officer promotion
list shall be made when, in accordance with regulations issued by the
Secretary concerned, additional warrant officers in that grade (or grade
and competitive category), are needed.
(c) A regular warrant officer who is promoted is appointed in the
regular grade to which promoted, and a reserve warrant officer who is
promoted is appointed in the reserve grade to which promoted. The date
of appointment in that grade and date of rank shall be prescribed by the
Secretary concerned. A warrant officer is entitled to the pay and
allowances for the grade to which appointed from the date specified in
the appointment order.
(d) Promotions shall be made in the order in which the names of
warrant officers appear on the promotion list and after warrant officers
previously selected for promotion in the applicable grade (or grade and
competitive category) have been promoted.
(Added Pub. L. 102-190, div. A, title XI, 1112(a), Dec. 5, 1991, 105
Stat. 1497; amended Pub. L. 102-484, div. A, title X, 1052(4), Oct.
23, 1992, 106 Stat. 2499.)
1992 -- Pub. L. 102-484 substituted ''Promotions:'' for
''Promotions;'' in section catchline.
10 USC 579. Removal from a promotion list
TITLE 10 -- ARMED FORCES
(a) The name of a warrant officer recommended for promotion by a
selection board convened under this chapter may be removed from the
report of the selection board by the President.
(b) The Secretary concerned may remove the name of a warrant officer
who is on a promotion list as a result of being recommended for
promotion by a selection board convened under this chapter at any time
before the promotion is effective.
(c) An officer whose name is removed from the list of officers
recommended for promotion by a selection board continues to be eligible
for consideration for promotion.
(d) If the next selection board that considers the warrant officer
for promotion under this chapter selects the warrant officer for
promotion and the warrant officer is promoted, the Secretary concerned
may, upon his promotion, grant him the same effective date for pay and
allowances and the same date of rank, and the same position on the
warrant officer active-duty list as the warrant officer would have had
if his name had not been so removed.
(e) If the next selection board does not select the warrant officer
for promotion, or if his name is again removed under subsection (a) from
the list of officers recommended for promotion by the selection board or
under subsection (b) from the warrant officer promotion list, he shall
be treated for all purposes as if he has twice failed of selection for
promotion.
(Added Pub. L. 102-190, div. A, title XI, 1112(a), Dec. 5, 1991, 105
Stat. 1497.)
10 USC 580. Regular warrant officers twice failing of selection for
promotion: involuntary retirement or separation
TITLE 10 -- ARMED FORCES
(a)(1) Unless retired or separated sooner under some other provision
of law, a regular chief warrant officer who has twice failed of
selection for promotion to the next higher regular warrant officer grade
shall be retired under paragraph (2) or (3) or separated from active
duty under paragraph (4).
(2) If a warrant officer described in paragraph (1) has more than 20
years of creditable active service on (A) the date on which the
Secretary concerned approves the report of the board under section
576(e) of this title, or (B) the date on which his name was removed from
the recommended list under section 579 of this title, whichever applies,
the warrant officer shall be retired. The date of such retirement shall
be not later than the first day of the seventh calendar month beginning
after the applicable date under the preceding sentence, except as
provided by section 8301 of title 5. A warrant officer retired under
this paragraph shall receive retired pay computed under section 1401 of
this title.
(3) If a warrant officer described in paragraph (1) has at least 18
but not more than 20 years of creditable active service on (A) the date
on which the Secretary concerned approves the report of the board under
section 576(e) of this title, or (B) the date on which his name was
removed from the recommended list under section 579 of this title,
whichever applies, the warrant officer shall be retired not later than
the date determined under the next sentence unless he is selected for
promotion to the next higher regular warrant officer grade before that
date. The date of the retirement of a warrant officer under the
preceding sentence shall be on a date specified by the Secretary
concerned, but not later than the first day of the seventh calendar
month beginning after the date upon which he completes 20 years of
active service, except as provided by section 8301 of title 5. A
warrant officer retired under this paragraph shall receive retired pay
computed under section 1401 of this title.
(4)(A) If a warrant officer described in paragraph (1) has less than
18 years of creditable active service on (i) the date on which the
Secretary concerned approves the report of the board under section
576(e) of this title, or (ii) the date on which his name was removed
from the recommended list under section 579 of this title, whichever
applies, the warrant officer shall be separated. The date of such
separation shall be not later than the first day of the seventh calendar
month beginning after the applicable date under the preceding sentence.
(B) A warrant officer separated under this paragraph shall receive
separation pay computed under section 1174 of this title except in a
case in which --
(i) upon his request and in the discretion of the Secretary
concerned, he is enlisted in the grade prescribed by the Secretary; or
(ii) he is serving on active duty in a grade above chief warrant
officer, W-5, and he elects, with the consent of the Secretary
concerned, to remain on active duty in that status.
(5) A warrant officer who is subject to retirement or discharge under
this subsection is not eligible for further consideration for promotion.
(6) In this subsection, the term ''creditable active service'' means
active service that could be credited to a warrant officer under section
511 of the Career Compensation Act of 1949, as amended (70 Stat. 114).
(b) The Secretary concerned may defer, for not more than four months,
the retirement or separation under this section of a warrant officer if,
because of unavoidable circumstances, evaluation of his physical
condition and determination of his entitlement to retirement or
separation for physical disability require hospitalization or medical
observation that cannot be completed before the date on which he would
otherwise be required to retire or be separated under this section.
(c) The Secretary concerned may defer, until such date as he
prescribes, the retirement under subsection (a) of a warrant officer who
is serving on active duty in a grade above chief warrant officer, W-5,
and who elects to continue to so serve.
(d) If a warrant officer who also holds a grade above chief warrant
officer, W-5, is retired or separated under subsection (a), his
commission in the higher grade shall be terminated on the date on which
he is so retired or separated.
(e)(1) A regular warrant officer subject to discharge or retirement
under this section may, subject to the needs of the service, be
continued on active duty if he is selected for continuation on active
duty by a selection board convened under section 573(c) of this title.
(2) A warrant officer who is selected for continuation on active duty
under this subsection but declines to continue on active duty shall be
discharged, retired, or retained on active duty, as appropriate, in
accordance with this section.
(3) Each warrant officer who is continued on active duty under this
subsection, not subsequently promoted or continued on active duty, and
not on a list of warrant officers recommended for continuation or for
promotion to the next higher regular grade shall, unless sooner retired
or discharged under another provision of law --
(A) be discharged upon the expiration of his period of continued
service; or
(B) if he is eligible for retirement under any provision of law, be
retired under that law on the first day of the first month following the
month in which he completes his period of continued service.
Notwithstanding subparagraph (A), a warrant officer who would
otherwise be discharged under such subparagraph and who is within two
years of qualifying for retirement under section 1293 of this title
shall, unless he is sooner retired or discharged under some other
provision of law, be retained on active duty until he is qualified for
retirement under that section and then be retired.
(4) The retirement or discharge of a warrant officer pursuant to this
subsection shall be considered to be an involuntary retirement or
discharge for purposes of any other provision of law.
(5) Continuation of a warrant officer on active duty under this
subsection pursuant to the action of a selection board convened under
section 573(c) of this title is subject to the approval of the Secretary
concerned.
(6) The Secretary of Defense shall prescribe regulations for the
administration of this subsection.
(Added Pub. L. 102-190, div. A, title XI, 1112(a), Dec. 5, 1991, 105
Stat. 1498.)
Section 511 of the Career Compensation Act of 1949, referred to in
subsec. (a)(6), is set out below.
Section 511 of act Oct. 12, 1949, ch. 681, title V, 63 Stat. 829,
as amended May 19, 1952, ch. 310, 4, 66 Stat. 80; Apr. 23, 1956, ch.
208, 1, 70 Stat. 114, provided that: ''On and after the effective
date of this section (Oct. 1, 1949) (1) members of the uniformed
services heretofore retired for reasons other than for physical
disability, (2) members heretofore transferred to the Fleet Reserve or
the Fleet Marine Corps Reserve, and (3) members of the Army Nurse Corps
or the Navy Nurse Corps heretofore retired under the Act of May 13, 1926
(44 Stat. 513), shall be entitled to receive retired pay, retirement
pay, retainer pay, or equivalent pay, in the amount whichever is the
greater, computed by one of the following methods: (a) The monthly
retired pay, retainer pay, or equivalent pay in the amount authorized
for such members and former members by provisions of law in effect on
the day immediately preceding the date of enactment of this Act (Oct.
12, 1949), or (b) monthly retired pay, retirement pay, retainer pay, or
equivalent pay equal to 2 1/2 per centum of the monthly basic pay of the
highest federally recognized rank, grade, or rating, whether under a
permanent or temporary appointment, satisfactorily held, by such member
or former member, as determined by the Secretary concerned, and which
such member, former member, or person would be entitled to receive if
serving on active duty in such rank, grade, or rating, multiplied by the
number of years of active service creditable to him: Provided, That for
the purpose of the computation of (b) above, the retired or retirement
pay of each commissioned officer of the Coast Guard who, upon
retirement, was advanced one grade pursuant to the provisions of the Act
of January 12, 1923 (Public Law 381, Sixty-seventh Congress), shall,
unless a higher rank or grade is authorized by any provision of law, be
based upon the commissioned officer grade authorized for such officer by
such Act: Provided further, That for the purpose of the computation of
(b) above, fractions of one-half year or more of active service shall be
counted as a whole year: Provided further, That in no case shall such
retired pay, retainer pay, or equivalent pay exceed 75 per centum of the
monthly basic pay upon which the computation is based: Provided
further, That for the purposes of this section, the term 'active
service' as used herein shall mean all service as a member or as a
former member of the uniformed services, service as a cadet or
midshipman in the case of those members appointed to the United States
Military Academy prior to August 24, 1912, or to the United States Naval
Academy prior to March 4, 1913, if such service was creditable for
longevity pay purposes at the time of retirement, or as a nurse, or as a
contract nurse prior to February 2, 1901, or as a reserve nurse
subsequent to February 2, 1901, or as a contract surgeon, or as a
contract dental surgeon, or as an acting dental surgeon, or as a
veterinarian in the Quartermaster Department, Cavalry, or Field
Artillery, or as an Army field clerk or as a field clerk, Army
Quartermaster Corps, while on the active list or on active duty or while
participating in full-time training or other full-time duty provided for
or authorized in the National Defense Act, as amended, the Naval Reserve
Act of 1938, as amended, or in other provisions of law, including
participation in exercises or performance of the duties provided for by
sections 5, 81, 92, 94, 97, and 99 of the National Defense Act, as
amended, and in the case of commissioned officers of the Public Health
Service, that service which is creditable pursuant to part (3) of
section 412 of this Act: Provided further, That the retired or
retirement pay of each member referred to in (3) above shall, unless a
higher rank or grade is authorized by any provision of law, be based
upon the commissioned-officer grade authorized for such member by the
Act of May 7, 1948 (Public Law 517, Eightieth Congress): Provided
further, That (a) enlisted persons or former enlisted persons of the
Regular Army or Regular Air Force who have been transferred prior to the
effective date of this section to the Enlisted Reserve Corps or to the
enlisted section of the Air Force Reserve and placed on the retired list
of the Regular Army or the Regular Air Force, respectively, under the
provisions of section 4 of the Act of October 6, 1945 (59 Stat. 539; 10
U.S.C. 948) (section 948 of former title 10), as amended, and (b)
enlisted persons or former enlisted persons of the Regular Navy or
Regular Marine Corps who have been transferred prior to the effective
date of this section to the Fleet Reserve or the Fleet Marine Corps
Reserve under the provisions of title II of the Naval Reserve Act of
1938, as amended, shall not be entitled to have their retired pay or
retainer pay computed on the basis of the highest officer or
warrant-officer grade held by them as authorized by this section until
they have completed thirty years of service, to include the sum of their
active service and their service on the retired list or in the Fleet
Reserve or in the Fleet Marine Corps Reserve, as required by existing
law: And provided further, That enlisted persons and warrant officers
of the uniform services, heretofore or hereafter advanced on the retired
list to a higher officer rank or grade pursuant to any provision of law
shall, if application therefore is made to the Secretary concerned
within one year from the effective date of this section or within one
year after the date of advancement on the retired list, whichever is the
later, and subject to the approval of the Secretary concerned, be
restored to their former retired enlisted or warrant-officer status, as
the case may be, and shall thereafter be deemed to be enlisted or
warrant-officer personnel, as appropriate, for all purposes, including
the computation of their retired pay based on such enlisted or
warrant-officer rank, grade, or rating, as the case may be.''
(Section 2 of act Apr. 23, 1956, provided that: ''The amendment made
by this Act shall be effective as of October 1, 1949.'')
Active service, definition, see section 101 of this title.
Coast Guard warrant officers, retirement in cases where higher grade
has been held, see section 334 of Title 14, Coast Guard.
Reenlistment after discharge, see section 515 of this title.
10 USC 581. Selective retirement
TITLE 10 -- ARMED FORCES
(a) A regular warrant officer in the Army, Navy, Air Force, or Marine
Corps who holds a warrant officer grade above warrant officer, W-1, and
whose name is not on a list of warrant officers recommended for
promotion and who is eligible to retire under any provision of law may
be considered for retirement by a selection board convened under section
573(c) of this title. The Secretary concerned shall specify the maximum
number of warrant officers that such a board may recommend for
retirement.
(b) A warrant officer who is recommended for retirement under this
section and whose retirement is approved by the Secretary concerned
shall be retired, under any provision of law under which he is eligible
to retire, on the date requested by him and approved by the Secretary
concerned, which date shall be not later than the first day of the
seventh calendar month beginning after the month in which the Secretary
concerned approves the report of the board which recommended the officer
for retirement.
(c) The retirement of a warrant officer pursuant to this section
shall be considered to be an involuntary retirement for purposes of any
other provision of law.
(d)(1) The Secretary concerned shall prescribe regulations for the
administration of this section. Such regulations shall require that
when the Secretary concerned submits a list of regular warrant officers
to a selection board convened under section 573(c) of this title to
consider regular warrant officers for selection for retirement under
this section, the list shall include each warrant officer on the
active-duty list in the same grade or same grade and competitive
category whose position on the active-duty list is between that of the
most junior regular warrant officer in that grade whose name is
submitted to the board and that of the most senior regular warrant
officer in that grade whose name is submitted to the board.
(2) Such regulations shall establish procedures to exclude from
consideration by the board any warrant officer who has been approved for
voluntary retirement, or who is to be mandatorily retired under any
other provision of law, during the fiscal year in which the board is
convened or during the following fiscal year. An officer not considered
by a selection board convened under section 573(c) of this title under
such regulations because the officer has been approved for voluntary
retirement shall be retired on the date approved for the retirement of
such officer as of the convening date of such selection board unless the
Secretary concerned approves a modification of such date in order to
prevent a personal hardship for the officer or for other humanitarian
reasons.
(Added Pub. L. 102-190, div. A, title XI, 1112(a), Dec. 5, 1991, 105
Stat. 1500; amended Pub. L. 102-484, div. A, title X, 1052(5), Oct.
23, 1992, 106 Stat. 2499.)
1992 -- Subsec. (d)(2). Pub. L. 102-484 substituted ''board'' for
''Board'' in two places in first sentence.
10 USC 582. Warrant officer active-duty list: exclusions
TITLE 10 -- ARMED FORCES
Warrant officers in the following categories are not subject to this
chapter:
(1) Reserve warrant officers --
(A) on active duty for training;
(B) on active duty under section 672(d) of this title in connection
with organizing, administering, recruiting, instructing, or training the
reserve components;
(C) on active duty to pursue special work;
(D) ordered to active duty under section 673b of this title; or
(E) on full-time National Guard duty.
(2) Retired warrant officers on active duty.
(3) Students enrolled in the Army Physician's Assistant Program.
(Added Pub. L. 102-190, div. A, title XI, 1112(a), Dec. 5, 1991, 105
Stat. 1500.)
10 USC 583. Definitions
TITLE 10 -- ARMED FORCES
In this chapter:
(1) The term ''promotion zone'' means a promotion eligibility
category consisting of officers on a warrant officer active-duty list in
the same grade (or the same grade and competitive category) who --
(A) in the case of grades below chief warrant officer, W-5, have
neither (i) failed of selection for promotion to the next higher grade,
nor (ii) been removed from a list of warrant officers recommended for
promotion to that grade (other than after having been placed on that
list after a selection from below the promotion zone); and
(B) are senior to the warrant officer designated by the Secretary
concerned to be the junior warrant officer in the promotion zone
eligible for promotion to the next higher grade.
(2) The term ''warrant officers above the promotion zone'' means a
group of officers on a warrant officer active-duty list in the same
grade (or the same grade and competitive category) who --
(A) are eligible for consideration for promotion to the next higher
grade;
(B) are in the same grade as warrant officers in the promotion zone;
and
(C) are senior to the senior warrant officer in the promotion zone.
(3) The term ''warrant officers below the promotion zone'' means a
group of officers on a warrant officer active-duty list in the same
grade (or the same grade and competitive category) who --
(A) are eligible for consideration for promotion to the next higher
grade;
(B) are in the same grade as warrant officers in the promotion zone;
and
(C) are junior to the junior warrant officer in the promotion zone.
(Added Pub. L. 102-190, div. A, title XI, 1112(a), Dec. 5, 1991, 105
Stat. 1501.)
10 USC CHAPTER 34 -- APPOINTMENTS AS RESERVE OFFICERS
TITLE 10 -- ARMED FORCES
Sec.
591. Reserve components: qualifications.
592. Commissioned officer grades.
593. Commissioned officers: appointment, how made; term.
594. Commissioned officers: original appointment; limitation.
595. Officers: appointment upon transfer.
596. Commissioned officers: appointment; educational requirement.
597. Warrant officers: grades; appointment, how made; term.
598. Warrant officers: promotion.
599. Warrant officers: suspension of laws for promotion or
mandatory retirement or separation during war or emergency.
600. Officer candidates.
600a. Attending Physician to the Congress.
1992 -- Pub. L. 102-484, div. A, title V, 515(b), Oct. 23, 1992,
106 Stat. 2407, added item 596.
1986 -- Pub. L. 99-661, div. A, title V, 508(d)(1)(B), Nov. 14,
1986, 100 Stat. 3867, added item 600a.
1980 -- Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat.
2849, substituted ''34'' for ''35'' as chapter number.
1958 -- Pub. L. 85-861, 1(11), Sept. 2, 1958, 72 Stat. 1440,
added item 592 and struck out item 596 ''Officers: promotion''.
Particular provisions relating to appointments as reserve officers --
Air Force, see section 8351 et seq. of this title.
Army, see section 3351 et seq. of this title.
Regulations to carry out this chapter, see section 280 of this title.
10 USC 591. Reserve components: qualifications
TITLE 10 -- ARMED FORCES
(a) To become an officer of a reserve component a person must be
appointed as a Reserve of an armed force in a grade corresponding to a
grade authorized for the regular component of the armed force concerned
and subscribe to the oath prescribed by section 3331 of title 5. In
addition, to become an officer of the Army National Guard of the United
States or the Air National Guard of the United States, he must first be
appointed to, and be federally recognized in, the same grade in the Army
National Guard or the Air National Guard, as the case may be.
(b) Except as otherwise provided by law, the Secretary concerned
shall prescribe physical, mental, moral, professional, and age
qualifications for the appointment of persons as Reserves of the armed
forces under his jurisdiction. However, no person may be appointed as a
Reserve unless he is at least 18 years of age and --
(1) he is a citizen of the United States or has been lawfully
admitted to the United States for permanent residence under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or
(2) he has previously served in the armed forces or in the National
Security Training Corps.
(c) Women may be appointed as Reserves of the armed forces for
service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine
Corps Reserve, and Coast Guard Reserve. Women who are otherwise
qualified may be appointed as Reserves of the armed forces with a view
to serving in the Army National Guard of the United States or the Air
National Guard of the United States. Women are appointed in grades
corresponding to the grades authorized for female officers of the
regular component of the armed force concerned. Any female former
officer of an armed force may, if otherwise qualified, be appointed as a
Reserve of that armed force in the highest grade in which she previously
served satisfactorily on active duty (other than for training).
(d) A person who is otherwise qualified, but who has a physical
defect that the Secretary concerned determines will not interfere with
the performance of the duties to which that person may be assigned, may
be appointed as a Reserve of any armed force under the jurisdiction of
that Secretary.
(e) In prescribing age qualifications under subsection (b) for the
appointment of persons as Reserves of the armed forces under his
jurisdiction, the Secretary concerned may not prescribe a maximum age
qualification of less than 47 years of age for the initial appointment
of a person as a Reserve to serve in a health profession specialty which
has been designated by the Secretary concerned as a specialty critically
needed in wartime.
(Aug. 10, 1956, ch. 1041, 70A Stat. 24; Sept. 2, 1958, Pub. L.
85-861, 1(10)(A), 72 Stat. 1440; Dec. 23, 1963, Pub. L. 88-236, 77
Stat. 474; Nov. 2, 1966, Pub. L. 89-718, 4, 80 Stat. 1115; Nov. 8,
1967, Pub. L. 90-130, 1(3), 81 Stat. 374; Dec. 12, 1980, Pub. L.
96-513, title V 511(16), 94 Stat. 2921; Dec. 4, 1987, Pub. L.
100-180, div. A, title VII, 718(a), 101 Stat. 1115.)
In subsection (a), 50:946(a) (last 12 words of proviso) is omitted as
covered by section 312 of title 32, 50:946(b) is omitted as covered by
the revised subsection.
In subsection (b), the word ''However'' is substituted for the words
''Subject to the limitation that''. The exception as to section 4(i)(7)
of the Universal Military Training and Service Act is inserted for
clarity. The words ''as Reserves of the armed forces under his
jurisdiction'' are substituted for the words ''of Reserve members of the
Armed Forces of the United States''. The words ''unless he is at least
18 years of age'' are substituted for 50:941(a) (last sentence). The
words ''its Territories'' are omitted as surplusage, since citizens of
the Territories are citizens of the United States.
In subsection (c), the words ''armed force concerned'' are
substituted for the words ''of the appropriate Armed Force of the United
States''. The words ''in the grades corresponding to the grades
authorized for female officers of the'' are substituted for the words
''in the same grades * * * as are authorized for women in the'', to
conform to subsection (a). The words ''in which she previously served
satisfactorily'' are substituted for the words ''satisfactorily held by
her''.
In subsection (d), the words ''under the jurisdiction of that
Secretary'' are inserted for clarity. The words ''general or special''
are omitted as surplusage.
The words ''Subject to section 946(a) of this title'' are omitted,
since that section is restated in subsection (a) of the revised section
and is applicable to all reserve appointments. 50:941(b) (last 2
sentences) is omitted as covered by sections 510 and 591 of this title.
The Immigration and Nationality Act, referred to in subsec. (b)(1),
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 ( 1101 et seq.) of Title 8, Aliens
and Nationality. For complete classification of this Act to the Code,
see Short Title note set out under section 1101 of Title 8 and Tables.
1987 -- Subsec. (e). Pub. L. 100-180 added subsec. (e).
1980 -- Subsec. (b). Pub. L. 96-513 substituted ''the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.)'' for ''chapter 12 of title
8'', and struck out reference to section 454(i)(7) of title 50,
appendix.
1967 -- Subsec. (c). Pub. L. 90-130 struck out provision limiting
areas of service of women in Army National Guard of the United States
and Air National Guard of the United States to service as nurses or
medical specialists.
1966 -- Subsec. (a). Pub. L. 89-718 substituted ''3331'' for ''16''.
1963 -- Subsec. (b) (1). Pub. L. 88-236 substituted ''he is a
citizen of the United States or has been lawfully admitted to the United
States for permanent residence under chapter 12 of title 8'' for ''he
is, or has made a declaration of intention to become, a citizen of the
United States or of a possession thereof''.
1958 -- Subsec. (c). Pub. L. 85-861 permitted appointment of women
as Reserves of armed forces with a view to serving as nurses or medical
specialists in Army National Guard of the United States or Air National
Guard of the United States.
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.
Pub. L. 102-190, div. A, title V, 523, Dec. 5, 1991, 105 Stat.
1363, provided that:
''(a) In General. -- After September 30, 1995, no person may be
appointed to a grade above the grade of first lieutenant in the Army
Reserve, Air Force Reserve, or Marine Corps Reserve or to a grade above
the grade of lieutenant (junior grade) in the Naval Reserve, or be
federally recognized in a grade above the grade of first lieutenant as a
member of the Army National Guard or Air National Guard, unless that
person has been awarded a baccalaureate degree by an accredited
educational institution.
''(b) Exceptions. -- Subsection (a) does not apply to the following:
''(1) The appointment to a higher grade of a person who is appointed
in or assigned for service in a health profession for which a
baccalaureate degree is not a condition of original appointment or
assignment.
''(2) The appointment in the Naval Reserve or Marine Corps Reserve of
an individual appointed for service as an officer designated as a
limited duty officer.
''(3) The appointment in the Naval Reserve of an individual appointed
for service under the Naval Aviation Cadet (NAVCAD) program.''
Pub. L. 102-190, div. A, title V, 524, Dec. 5, 1991, 105 Stat.
1363, provided that: ''In making appointments of persons as second
lieutenants in the Army Reserve, Air Force Reserve, or Marine Corps
Reserve or to the grade of ensign in the Naval Reserve, or in granting
federal recognition in the grade of second lieutenant to members of the
Army National Guard or Air National Guard, the Secretary of the military
department concerned shall give preference to persons who have completed
a post-secondary program of education pursued under a ROTC scholarship
program at a college or university accredited to award baccalaureate
degrees or pursued under a ROTC scholarship program at an accredited
two-year or four-year military college.''
Pub. L. 101-510, div. A, title V, 524, Nov. 5, 1990, 104 Stat.
1562, provided that:
''(a) Report Required. -- The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on --
''(1) the advantages, disadvantages, and desirability of initially
appointing all persons commissioned as officers in the Army, Navy, Air
Force, or Marine Corps as Reserve officers, and
''(2) what the appropriate active duty service obligation should be
for graduates of the service academies.
''(b) Deadline for Report. -- (1) The Secretary shall submit the
report required by subsection (a), together with such comments and
recommendations as the Secretary considers appropriate, not later than
60 days after the date of the enactment of this Act (Nov. 5, 1990).
''(2) If the report is not submitted within 60 days after the date of
the enactment of this Act, then --
''(A) all persons initially appointed as commissioned officers in the
Army, Navy, Air Force, and Marine Corps after the 60th day following the
date of the enactment of this Act shall be appointed as commissioned
officers in a Reserve component of the Armed Forces; and
''(B) all persons entering the service academies after the 60th day
following the date of the enactment of this Act shall incur an
obligation to serve on active duty for a period of five years.
''(c) Service Academy Defined. -- For purposes of this section, the
term 'service academies' means the United States Military Academy, the
United States Naval Academy, and the United States Air Force Academy.''
Section 718(b) of Pub. L. 100-180 provided that: ''The Secretary
concerned shall prescribe regulations implementing subsection (e) of
section 591 of title 10, United States Code, as added by subsection (a),
not later than 90 days after the date of the enactment of this Act (Dec.
4, 1987).''
Declaration of intention to become citizen of the United States, see
section 1445 of Title 8, Aliens and Nationality.
National Guard, Federal recognition of commissioned officers, see
section 305 et seq. of Title 32, National Guard.
10 USC 592. Commissioned officer grades
TITLE 10 -- ARMED FORCES
Except for commissioned warrant officers, the reserve commissioned
officer grades in each armed force are those authorized for regular
commissioned officers of that armed force.
(Added Pub. L. 85-861, 1(10)(B), Sept. 2, 1958, 72 Stat. 1440.)
The words ''including those heretofore or hereafter transferred to
the Retired Reserve'', ''permanent'', and ''pursuant to the Officer
Personnel Act of 1947, as amended'' are omitted as surplusage. The rule
as to the Coast Guard is consolidated with the rule applicable to the
other armed forces, since 14:754 prescribes the same substantive result
as that prescribed by 50:1201 for the other armed forces.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 593. Commissioned officers: appointment, how made; term
TITLE 10 -- ARMED FORCES
(a) Appointments of Reserves in commissioned grades below lieutenant
colonel and commander, except commissioned warrant officer, shall be
made by the President alone. Appointments of Reserves in commissioned
grades above major and lieutenant commander shall be made by the
President, by and with the advice and consent of the Senate, except as
provided in section 624, 3352, or 8352 of this title.
(b) Appointments of Reserves in commissioned grades are for an
indefinite term and are held during the pleasure of the President.
(Aug. 10, 1956, ch. 1041, 70A Stat. 25; Sept. 2, 1958, Pub. L.
85-861, 1(10)(C), 72 Stat. 1440; Sept. 28, 1971, Pub. L. 92-129, title
VI, 601, 85 Stat. 361; Dec. 12, 1980, Pub. L. 96-513, title V,
501(7), 94 Stat. 2907.)
In subsection (a), the word ''alone'' is inserted for clarity. The
exception as to commissioned warrant officers is inserted to reflect
section 597 of this title, since reserve chief warrant officers of the
Navy, Marine Corps, and Coast Guard are appointed by commission by the
Secretary concerned.
In subsection (b), 50:948 (2d and last sentences) is omitted as
executed.
The exception is inserted to reflect section 3352(b) of title 10,
United States Code.
1980 -- Subsec. (a). Pub. L. 96-513 inserted reference to section
624 of this title.
1971 -- Subsec. (a). Pub. L. 92-129 substituted ''below lieutenant
colonel and commander'' for ''below general officer and flag officer'',
''in commissioned grades above major and lieutenant commander'' for ''as
general and flag officers'', and ''section 3352 or 8352 of this title''
for ''section 3352 of this title''.
1958 -- Subsec. (a). Pub. L. 85-861 inserted '', except as provided
in section 3352 of this title'' after ''consent of the Senate''.
Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section
701 of Pub. L. 96-513, set out as a note under section 101 of this
title.
Section 41 of act Aug. 10, 1956, provided that: ''Each person who
was a reserve officer on July 9, 1952, and who did not hold an
appointment for an indefinite term on that date, shall be given an
appointment for an indefinite term in place of the appointment he then
held, if after written notification by competent authority before July
2, 1953, the officer agrees in writing to have that appointment
continued for an indefinite term. In the event such officer does not
agree in writing, the term of his current appointment shall not be
changed by this section.''
Coast Guard Reserve officers, appointment as prescribed in this
section, see section 271 of Title 14, Coast Guard.
Leave of absence of Reserves and National Guardsmen when on active
duty or engaged in field or coast defense training, see section 6323 of
Title 5, Government Organization and Employees.
Reserve warrant officers, appointment, see section 597 of this title.
10 USC 594. Commissioned officers: original appointment; limitation
TITLE 10 -- ARMED FORCES
(a) No person may be appointed as a Reserve in a commissioned grade
above major or lieutenant commander, unless --
(1) he was formerly a commissioned officer of an armed force; or
(2) such an appointment is recommended by a board of officers
convened by the Secretary concerned.
(b) This section does not apply to adjutants general and assistant
adjutants general of the several States and Territories, Puerto Rico,
and the District of Columbia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 25; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(a)(1), 102 Stat. 2059.)
In subsection (a), the words ''unless * * * he was formerly'' are
substituted for the words ''has not held an appointment as''. The words
''or any component thereof'' are omitted as surplusage.
1988 -- Subsec. (b). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,''.
Adjutants general, see section 314 of Title 32, National Guard.
10 USC 595. Officers: appointment upon transfer
TITLE 10 -- ARMED FORCES
(a) A person who would otherwise be required to be transferred to a
reserve component under section 651 of this title or under the Military
Selective Service Act (50 U.S.C. App. 451 et seq.), is entitled, if he
is qualified and accepted, to be appointed as an officer of any armed
force that he chooses and to participate in the programs authorized for
that armed force. However, unless the two Secretaries concerned
consent, he may not be appointed as a Reserve of an armed force other
than that from which he is transferred. All periods of his
participation shall be credited against the total period of service
required of him under section 651 of this title or under the Military
Selective Service Act (50 U.S.C. App. 451 et seq.). However, no period
may be credited more than once.
(b) A person covered by subsection (a) shall perform the rest of his
required term of service in the armed force in which he is so appointed
or in any other armed force in which he is later appointed or enlisted.
(c) This section does not change any term of service under an
appointment, enlistment, or agreement, including an agreement made
before or at the time when the member entered upon a program authorized
by an armed force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 25; Dec. 12, 1980, Pub. L.
96-513, title V, 511(17), 94 Stat. 2921.)
In subsection (a), the words ''is entitled * * * to be appointed as
an officer of any armed force that he chooses'' are substituted for the
words ''shall be permitted to * * * accept an appointment in such armed
force of the United States as he may elect''. The last sentence is
substituted for 50:929(a) (words within parentheses). The words ''of an
armed force of the United States'' are omitted as surplusage.
In subsection (b), the word ''rest'' is substituted for the words
''remaining period''. The words ''be required to'' are omitted as
surplusage.
In subsection (c), the words ''This section does not'' are
substituted for the words ''Nothing in this section shall be
construed''. The word ''change'' is substituted for the words ''reduce,
limit, or modify''. The words ''which any person may undertake to
perform'' are omitted as surplusage.
The Military Selective Service Act, referred to in subsec. (a), is
act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is
classified principally to section 451 et seq. of Title 50, Appendix,
War and National Defense. For complete classification of this Act to
the Code, see note set out under section 451 of Title 50, Appendix, and
Tables.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''the Military
Selective Service Act (50 U.S.C. App. 451 et seq.)'' for ''sections
451-473 of title 50, appendix'' wherever appearing.
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.
Active duty agreements, see sections 679, 680 of this title.
10 USC 596. Commissioned officers: appointment; educational
requirement
TITLE 10 -- ARMED FORCES
(a) In General. -- After September 30, 1995, no person may be
appointed to a grade above the grade of first lieutenant in the Army
Reserve, Air Force Reserve, or Marine Corps Reserve or to a grade above
the grade of lieutenant (junior grade) in the Naval Reserve, or be
federally recognized in a grade above the grade of first lieutenant as a
member of the Army National Guard or Air National Guard, unless that
person has been awarded a baccalaureate degree by an accredited
educational institution.
(b) Exceptions. -- Subsection (a) does not apply to the following:
(1) The appointment to or recognition in a higher grade of a person
who is appointed in or assigned for service in a health profession for
which a baccalaureate degree is not a condition of original appointment
or assignment.
(2) The appointment in the Naval Reserve or Marine Corps Reserve of
an individual appointed for service as an officer designated as a
limited duty officer.
(3) The appointment in the Naval Reserve of an individual appointed
for service under the Naval Aviation Cadet (NAVCAD) program.
(4) The appointment to or recognition in a higher grade of any person
who was appointed to, or federally recognized in, the grade of captain
or, in the case of the Navy, lieutenant before October 1, 1995.
(Added Pub. L. 102-484, div. A, title V, 515(a), Oct. 23, 1992, 106
Stat. 2406.)
A prior section 596, act Aug. 10, 1956, ch. 1041, 70A Stat. 25,
relating to promotion of officers in the Reserve components, was
repealed by Pub. L. 85-861, 36B(2), Sept. 2, 1958, 72 Stat. 1570.
10 USC 597. Warrant officers: grades; appointment, how made; term
TITLE 10 -- ARMED FORCES
(a) The permanent reserve warrant officer grades in each armed force
are those prescribed for regular warrant officers by section 571(a) of
this title.
(b) Appointments made in the permanent reserve grade of warrant
officer, W-1, shall be made by warrant by the Secretary concerned.
Appointments made in a permanent reserve grade of chief warrant officer
shall be made by commission by the Secretary concerned.
(c) Appointments as Reserves in permanent warrant officer grades are
for an indefinite term and are held during the pleasure of the Secretary
concerned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 26; Nov. 8, 1985, Pub. L.
99-145, title V, 531(b), 99 Stat. 633; Dec. 5, 1991, Pub. L. 102-190,
div. A, title XI, 1131(2), 105 Stat. 1505.)
In subsection (b), the words ''W-4, W-3, and W-2'' and ''persons''
are omitted as surplusage.
In subsection (c), the words ''After July 9, 1952'' are omitted as
executed. 50:948 (2d and last sentence) is omitted as executed.
1991 -- Subsec. (a). Pub. L. 102-190 substituted ''section 571(a)''
for ''section 555(a)''.
1985 -- Subsec. (b). Pub. L. 99-145 amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''Reserve chief
warrant officers of the Army and the Air Force shall be appointed in
those grades, by warrant, by the Secretary concerned. Permanent reserve
chief warrant officers of the Navy, Marine Corps, and Coast Guard shall
be appointed in those grades, by commission, by the Secretary concerned.
Permanent reserve warrant officers, W-1, shall be appointed in those
grades, by warrant, by the Secretary concerned.''
Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section
1132 of Pub. L. 102-190, set out as a note under section 521 of this
title.
Section 531(d) of Pub. L. 99-145 provided that: ''This section
(amending this section and section 555 of this title and enacting
provisions set out below) takes effect six months after the date of the
enactment of this Act (Nov. 8, 1985).''
Section 531(c) of Pub. L. 99-145 provided that:
''(1) The amendments made by subsections (a) and (b) (amending this
section and section 555 of this title) apply to any appointment of a
warrant officer or chief warrant officer on or after the effective date
of this section (see Effective Date of 1985 Amendment note above).
''(2) An officer who on the effective date of this section is serving
in a chief warrant officer grade under an appointment by warrant may be
appointed in that grade by commission under section 555(b) or 597(b) of
title 10, United States Code, as appropriate. The date of rank of an
officer who receives an appointment under this paragraph is the date of
rank for the officer's appointment by warrant to that grade.''
Regular warrant officers, appointment, see section 571 of this title.
10 USC 598. Warrant officers: promotion
TITLE 10 -- ARMED FORCES
The promotion of permanent reserve warrant officers not on the
warrant officer active-duty list to permanent reserve warrant officer
grades shall be governed by such regulations as the Secretary concerned
may prescribe.
(Aug. 10, 1956, ch. 1041, 70A Stat. 26; Dec. 5, 1991, Pub. L.
102-190, div. A, title XI, 1131(3), 105 Stat. 1505.)
1991 -- Pub. L. 102-190 inserted ''not on the warrant officer
active-duty list'' after ''reserve warrant officers''.
Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section
1132 of Pub. L. 102-190, set out as a note under section 521 of this
title.
Suspension during war or emergency, see section 599 of this title.
10 USC 599. Warrant officers: suspension of laws for promotion or
mandatory retirement or separation during war or emergency
TITLE 10 -- ARMED FORCES
In time of war, or of emergency declared after May 29, 1954, by
Congress or the President, the President may suspend the operation of
any provision of law relating to promotion, or mandatory retirement or
separation, of permanent reserve warrant officers of any armed force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 26.)
The word ''may'' is substituted for the words ''is authorized, in his
discretion''. The words ''any provision of law'' are substituted for
the words ''all or any part or parts of the several provisions of law''.
Functions of the President under this section delegated to the
Secretary of Defense, see section 1(4) of Ex. Ord. No. 11390, Jan. 22,
1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The
President.
Officers of Army, Navy, Air Force, or Marine Corps, suspension of
laws, see section 644 of this title.
10 USC 600. Officer candidates
TITLE 10 -- ARMED FORCES
(a) Within such numbers as the Secretary concerned may prescribe,
enlisted Reserves may, with their consent, be selected for training as
officer candidates. Enlisted Reserves so selected shall be designated
as officer candidates during that training. However, no member of the
Army National Guard of the United States or the Air National Guard of
the United States may be so selected or designated unless --
(1) he is on active duty; or
(2) the governor or other appropriate authority of the jurisdiction
concerned consents.
(b) The enlistment or term of service of a Reserve who is designated
as an officer candidate under this section is extended to include any
period, beyond its normal expiration date, during which he is an officer
candidate.
(c) While he is on active duty, other than active duty for training
without pay, or performing authorized travel to and from that duty, an
officer candidate designated under this section is entitled to the pay
and allowances of his enlisted grade, but not less than those prescribed
for pay grade E-2.
(d) An officer candidate designated under this section may not
participate in the program of a reserve officer training corps of any
armed force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 26.)
In subsection (a), the words ''who is not in active Federal service''
are substituted for the words ''when not in the active military service
of the United States''. The word ''during'' is substituted for the
words ''for the period of''.
In subsection (c), the words ''active duty other than active duty for
training without pay'' are substituted for the words ''active duty or
active duty for training with pay''. The words ''enlisted members of
the reserve components designated as'', ''enlisted'', and ''under the
Career Compensation Act of 1949, as amended'' are omitted as surplusage.
Basic pay and allowances, see sections 203, 402 of Title 37, Pay and
Allowances of the Uniformed Services.
10 USC 600a. Attending Physician to the Congress
TITLE 10 -- ARMED FORCES
While serving as Attending Physician to the Congress, a Reserve who
holds a reserve grade lower than major general or rear admiral shall
hold the reserve grade of major general or rear admiral, as appropriate,
if appointed to that grade by the President, by and with the advice and
consent of the Senate.
(Added Pub. L. 99-661, div. A, title V, 508(d)(1)(A), Nov. 14, 1986,
100 Stat. 3867.)
Section 508(f) of Pub. L. 99-661 provided that: ''The amendments
made by this section (enacting this section and amending sections 1374,
4335, 5149, and 9335 of this title) shall apply only with respect to
appointments or details made on or after the date of the enactment of
this Act (Nov. 14, 1986).''
10 USC CHAPTER 35 -- TEMPORARY APPOINTMENTS IN OFFICER GRADES
TITLE 10 -- ARMED FORCES
Sec.
601. Positions of importance and responsibility: generals and
lieutenant generals; admirals and vice admirals.
(602. Repealed.)
603. Appointments in time of war or national emergency.
1991 -- Pub. L. 102-190, div. A, title XI, 1113(d)(1)(B), Dec. 5,
1991, 105 Stat. 1502, struck out item 602 ''Warrant officers:
temporary promotions'' and substituted ''Appointments in time of war or
national emergency'' for ''Commissioned officer grades: time of war or
national emergency'' in item 603.
10 USC 601. Positions of importance and responsibility: generals and
lieutenant generals; admirals and vice admirals
TITLE 10 -- ARMED FORCES
(a) The President may designate positions of importance and
responsibility to carry the grade of general or admiral or lieutenant
general or vice admiral. The President may assign to any such position
an officer of the Army, Navy, Air Force, or Marine Corps who is serving
on active duty in any grade above colonel or, in the case of an officer
of the Navy, any grade above captain. An officer assigned to any such
position has the grade specified for that position if he is appointed to
that grade by the President, by and with the advice and consent of the
Senate. Except as provided in subsection (b), the appointment of an
officer to a grade under this section for service in a position of
importance and responsibility ends on the date of the termination of the
assignment of the officer to that position.
(b) An officer who is appointed to the grade of general, admiral,
lieutenant general, or vice admiral for service in a position of
importance and responsibility designated to carry that grade shall
continue to hold that grade --
(1) while serving in that position of importance and responsibility;
(2) while under orders transferring him to another position
designating to carry one of those grades, beginning on the day his
assignment to the first position is terminated and ending on the day
before the day on which he assumes the second position;
(3) while hospitalized, beginning on the day of the hospitalization
and ending on the day he is discharged from the hospital, but not for
more than 180 days; and
(4) while awaiting retirement, beginning on the day he is relieved
from the position designated to carry one of those grades and ending on
the day before his retirement, but not for more than 60 days.
(c)(1) An appointment of an officer under subsection (a) does not
vacate the permanent grade held by the officer.
(2) An officer serving in a grade above major general or rear admiral
who holds the permanent grade of brigadier general or rear admiral
(lower half) shall be considered for promotion to the permanent grade of
major general or rear admiral, as appropriate, as if he were serving in
his permanent grade.
(d)(1) When an officer is recommended to the President for an initial
appointment to the grade of lieutenant general or vice admiral, or for
an initial appointment to the grade of general or admiral, the Chairman
of the Joint Chiefs of Staff shall submit to the Secretary of Defense
the Chairman's evaluation of the performance of that officer as a member
of the Joint Staff and in other joint duty assignments. The Secretary
of Defense shall submit the Chairman's evaluation to the President at
the same time the recommendation for the appointment is submitted to the
President.
(2) Whenever a vacancy occurs in a position within the Department of
Defense that the President has designated as a position of importance
and responsibility to carry the grade of general or admiral or
lieutenant general or vice admiral or in an office that is designated by
law to carry such a grade, the Secretary of Defense shall inform the
President of the qualifications needed by an officer serving in that
position or office to carry out effectively the duties and
responsibilities of that position or office.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2849;
amended Pub. L. 97-86, title IV, 405(b)(1), Dec. 1, 1981, 95 Stat.
1105; Pub. L. 98-525, title V, 523, Oct. 19, 1984, 98 Stat. 2523;
Pub. L. 99-145, title V, 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub.
L. 99-433, title IV, 403, Oct. 1, 1986, 100 Stat. 1031; Pub. L.
102-190, div. A, title V, 502(a), Dec. 5, 1991, 105 Stat. 1354.)
1991 -- Subsec. (b)(4). Pub. L. 102-190 substituted ''60 days'' for
''90 days''.
1986 -- Subsec. (d). Pub. L. 99-433 added subsec. (d).
1985 -- Subsec. (c)(2). Pub. L. 99-145 substituted ''rear admiral
(lower half)'' for ''commodore''.
1984 -- Subsec. (b). Pub. L. 98-525 amended subsec. (b) generally,
which prior to amendment had provided that if the assignment of an
officer who was serving in a position designated to carry the grade of
general, admiral, lieutenant general, or vice admiral was terminated (1)
by the assignment of such officer to another position designated to
carry one of those grades, such officers would hold, during the period
beginning on the day of that termination and ending on the day before
the day on which he assumed the other position, the grade that he had
held on the day before the termination; (2) by the hospitalization of
such officer, such officer would hold, during the period beginning on
the day of that termination and ending on the day he was discharged from
the hospital, but not for more than 180 days, the grade that he had held
on the day before the termination; or (3) by the retirement of such
officer, such officer would hold, during the period beginning on the day
of that termination and ending on the day before his retirement, but not
for more than 90 days, the grade that he had held on the day before the
termination.
1981 -- Subsec. (c)(2). Pub. L. 97-86 substituted ''commodore'' for
''commodore admiral''.
Section 502(b) of Pub. L. 102-190 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on the
first day of the first month that begins more than 90 days after the
date of the enactment of this Act (Dec. 5, 1991).''
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.
Chapter effective Sept. 15, 1981, but the authority to prescribe
regulations under this chapter 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.
For provisions relating to temporary appointments of officers serving
in grades above major general or rear admiral, see section 623 of Pub.
L. 96-513, set out as a note under section 611 of this title.
10 USC ( 602. Repealed. Pub. L. 102-190, div. A, title XI, 1113(a),
Dec. 5, 1991, 105 Stat. 1502)
TITLE 10 -- ARMED FORCES
Section, Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat.
2849, related to temporary promotions of warrant officers.
Repeal effective Feb. 1, 1992, see section 1132 of Pub. L.
102-190, set out as an Effective Date of 1991 Amendment note under
section 521 of this title.
10 USC 603. Appointments in time of war or national emergency
TITLE 10 -- ARMED FORCES
(a) In time of war, or of national emergency declared by the Congress
or the President after November 30, 1980, the President may appoint any
qualified person (whether or not already a member of the armed forces)
to any officer grade in the Army, Navy, Air Force, or Marine Corps,
except that appointments under this section may not be made in grades
above major general or rear admiral. Appointments under this section
shall be made by the President alone, except that an appointment in the
grade warrant officer, W-1, shall be made by warrant by the Secretary
concerned.
(b) Any appointment under this section is a temporary appointment and
may be vacated by the President at any time.
(c)(1) Any person receiving an original appointment under this
section is entitled to service credit as authorized under section 533 of
this title.
(2) An appointment under this section of a person who is not on
active duty becomes effective when that person begins active duty under
that appointment.
(d) An appointment under this section does not change the permanent
status of a member of the armed forces so appointed. A member who is
appointed under this section shall not incur any reduction in the pay
and allowances to which the member was entitled, by virtue of his
permanent status, at the time of his appointment under this section.
(e)(1) An officer who receives an appointment to a higher grade under
this section is considered to have accepted such appointment on the date
of the order announcing the appointment unless he expressly declines the
appointment.
(2) An officer who has served continuously since he subscribed to the
oath of office prescribed in section 3331 of title 5 is not required to
take a new oath upon appointment to a higher grade under this section.
(f) Unless sooner terminated, an appointment under this section
terminates on the earliest of the following:
(1) The second anniversary of the appointment.
(2) The end of the six-month period beginning on the last day of the
war or national emergency during which the appointment was made.
(3) The date the person appointed is released from active duty.
(Added Pub. L. 96-513, title I, 105, Dec. 12. 1980, 94 Stat. 2850;
amended Pub. L. 101-189, div. A, title VI, 653(a)(2), Nov. 29, 1989,
103 Stat. 1462; Pub. L. 102-190, div. A, title XI, 1113(b), (d)(1)(A),
Dec. 5, 1991, 105 Stat. 1502.)
1991 -- Pub. L. 102-190, 1113(d)(1)(A), substituted ''Appointments
in time of war or national emergency'' for ''Commissioned officer
grades: time of war or national emergency'' in section catchline.
Subsec. (a). Pub. L. 102-190, 1113(b), struck out ''commissioned''
before ''officer grade in the Army'' and ''in warrant officer grades
or'' before ''in grades above major general'' and inserted before period
at end '', except that an appointment in the grade warrant officer, W-1,
shall be made by warrant by the Secretary concerned''.
1989 -- Subsec. (f). Pub. L. 101-189 substituted ''terminates on the
earliest of the following:'' for ''terminates -- '' in introductory
provisions, and made numerous amendments to style and punctuation.
Prior to amendment, subsec. (f) read as follows: ''Unless sooner
terminated, an appointment under this section terminates --
''(1) on the second anniversary of the appointment;
''(2) at the end of the six-month period beginning on the last day of
the war or national emergency during which the appointment was made; or
''(3) on the date the person appointed is released from active duty;
whichever is earliest.''
Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section
1132 of Pub. L. 102-190, set out as a note under section 521 of this
title.
Functions of President under subsecs. (a) and (b) to make or vacate
certain temporary commissioned appointments delegated to Secretary of
Defense to perform during a time of war or national emergency, without
approval, ratification, or other action by President, and with authority
for Secretary to redelegate, provided that, during a national emergency
declared by President, exercise of any such authority be specifically
directed by President in accordance with section 1631 of Title 50, War
and National Defense, and that Secretary ensure any authority so
delegated be accounted for as required by section 1641 of Title 50, see
Ex. Ord. No. 12396, 2, 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set
out as a note under section 301 of Title 3, The President.
10 USC CHAPTER 36 -- PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT
OF OFFICERS ON THE ACTIVE-DUTY LIST
TITLE 10 -- ARMED FORCES
Subchapter
Sec.
I.
Selection Boards 611
II.
Promotions 619
III.
Failure of Selection for Promotion and Retirement for Years of
Service 627
IV.
Continuation on Active Duty and Selective Early Retirement 637
V.
Additional Provisions Relating to Promotion, Separation, and
Retirement 641
10 USC SUBCHAPTER I -- SELECTION BOARDS
TITLE 10 -- ARMED FORCES
Sec.
611. Convening of selection boards.
612. Composition of selection boards.
613. Oath of members of selection boards.
614. Notice of convening of selection boards.
615. Information furnished to selection boards.
616. Recommendations for promotion by selection boards.
617. Reports of selection boards.
618. Action on reports of selection boards.
1991 -- Pub. L. 102-190, div. A, title V, 504(a)(2)(B), Dec. 5,
1991, 105 Stat. 1357, struck out ''; communications with boards''
after ''selection boards'' in item 614.
10 USC 611. Convening of selection boards
TITLE 10 -- ARMED FORCES
(a) Under regulations prescribed by the Secretary of Defense, the
Secretary of the military department concerned, whenever the needs of
the service require, shall convene selection boards to recommend for
promotion to the next higher permanent grade, under subchapter II of
this chapter, officers on the active-duty list in each permanent grade
from first lieutenant through brigadier general in the Army, Air Force,
or Marine Corps and from lieutenant (junior grade) through rear admiral
(lower half) in the Navy.
(b) Under regulations prescribed by the Secretary of Defense, the
Secretary of the military department concerned, whenever the needs of
the service require, may convene selection boards to recommend officers
for continuation on active duty under section 637 of this title or for
early retirement under section 638 of this title.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2851;
amended Pub. L. 97-86, title IV, 405(b)(1), Dec. 1, 1981, 95 Stat.
1105; Pub. L. 99-145, title V, 514(b)(1), Nov. 8, 1985, 99 Stat. 628.)
1985 -- Subsec. (a). Pub. L. 99-145 substituted ''rear admiral
(lower half)'' for ''commodore''.
1981 -- Subsec. (a). Pub. L. 97-86 substituted ''commodore'' for
''commodore admiral''.
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.
Subchapter effective Sept. 15, 1981, but the authority to prescribe
regulations under this subchapter 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.
Section 514(e) of Pub. L. 99-145 provided that:
''(1) An officer who on the day before the date of the enactment of
this Act (Nov. 8, 1985) is serving in or has the grade of commodore
shall as of the date of the enactment of this Act be serving in or have
the grade of rear admiral (lower half).
''(2) An officer who on the day before the date of the enactment of
this Act is on a list of officers selected for promotion to the grade of
commodore shall as of the date of the enactment of this Act be
considered to be on a list of officers selected for promotion to the
grade of rear admiral (lower half).''
Parts A to C of title VI of Pub. L. 96-513, as amended by Pub. L.
97-22, 8(a)-(n), July 10, 1981, 95 Stat. 132-135; Pub. L. 97-86,
title IV, 405(d)(1), (2)(A), (e), (f), Dec. 1, 1981, 95 Stat. 1106,
eff. Sept. 15, 1981; Pub. L. 98-525, title V, 530-532, Oct. 19,
1984, 98 Stat. 2527; Pub. L. 100-456, div. A, title V, 503, Sept.
29, 1988, 102 Stat. 1967, provided that:
''Sec. 601. (a) Except as provided in sections 603 and 604, any
regular officer of the Army or Air Force who on the effective date of
this Act (Sept. 15, 1981, except as otherwise provided in section 701 of
Pub. L. 96-513, set out as an Effective Date of 1980 Amendment note
under section 101 of this title) is on active duty and --
''(1) is serving in a temporary grade below lieutenant general that
is higher than his regular grade;
''(2) is on a list of officers recommended for promotion to a
temporary grade below lieutenant general; or
''(3) is on a list of officers recommended for promotion to a regular
grade higher than the grade in which he is serving;
shall be considered to have been recommended by a board convened
under section 611(a) of title 10, United States Code, as added by this
Act, for promotion to the regular grade equivalent to the grade in which
he is serving or for which he has been recommended for promotion, as the
case may be.
''(b) An officer referred to in clause (1) of subsection (a) who is
not promoted to the grade to which he is considered under such
subsection to have been recommended for promotion because his name is
removed from a list of officers who are considered under such subsection
to have been recommended for promotion shall be considered under chapter
36 of title 10, United States Code, as added by this Act, for promotion
to the regular grade equivalent to the temporary grade in which he was
serving on the effective date of this Act (Sept. 15, 1981) as if he
were serving in his regular grade.
''(c) Notwithstanding section 741(d) of title 10, United States Code,
as added by this Act, the date of rank of an officer referred to in
subsection (a)(1) who is promoted to the temporary grade in which he is
serving on the effective date of this Act (Sept. 15, 1981) is the date
of his temporary appointment in that grade.
''(d)(1) Any delay of a promotion of an officer referred to in clause
(2) or (3) of subsection (a) that was in effect on September 14, 1981,
under the laws and regulations in effect on such date shall continue in
effect on and after September 15, 1981, as if such promotion had been
delayed under section 624(d) of title 10, United States Code, as added
by this Act.
''(2) Any action to remove from a promotion list the name of an
officer referred to in clause (2) or (3) of subsection (a) that was
initiated before September 15, 1981, under the laws and regulations in
effect before such date shall continue on and after such date as if such
removal action had been initiated under section 629 of title 10, United
States Code, as added by this Act.
''Sec. 602. (a)(1) Except as provided in subsection (b) and sections
605 and 606, any reserve officer of the Army or Air Force who on the
effective date of this Act (Sept. 15, 1981) is subject to placement on
the active-duty list of his armed force and --
''(A) is serving in a temporary grade below lieutenant general that
is higher than his reserve grade; or
''(B) is on a list of officers recommended for promotion to a
temporary grade below lieutenant general that is the same as or higher
than his reserve grade;
shall be considered to have been recommended by a board convened
under section 611(a) of title 10, United States Code, as added by this
Act, for promotion to the reserve grade equivalent to the grade in which
he is serving or for which he has been recommended for promotion, as the
case may be.
''(2) Notwithstanding section 741(d) of title 10, United States Code,
as added by this Act, the date of rank of an officer referred to in
paragraph (1)(A) who is promoted to the grade to which he is considered
under such paragraph to have been recommended for promotion is the date
of his temporary appointment in that grade.
''(b) A reserve officer of the Army or Air Force who on the effective
date of this Act (Sept. 15, 1981) --
''(1) is subject to placement on the active-duty list of his armed
force;
''(2) is serving on active duty in a temporary grade; and
''(3) either holds a reserve grade higher than the temporary grade in
which he is serving or is on a list of officers recommended for
promotion to a reserve grade higher than the temporary grade in which he
is serving,
shall while continuing on active duty retain such temporary grade and
shall be considered for promotion under chapter 36 of title 10, United
States Code, as added by this Act, to a grade equal to or lower than his
reserve grade as if such temporary grade is a permanent grade. If such
officer is recommended for promotion under such chapter to such a grade,
his appointment to such grade shall be a temporary appointment.
''(c)(1) Any delay of a promotion of an officer referred to in clause
(B) of subsection (a)(1) that was in effect on September 14, 1981, under
the laws and regulations in effect on such date shall continue in effect
on and after September 15, 1981, as if such promotion has been delayed
under section 624(d) of title 10, United States Code, as added by this
Act.
''(2) Any action to remove from a promotion list the name of an
officer referred to in clause (B) of subsection (a)(1) that was
initiated before September 15, 1981, under the laws and regulations in
effect before such date shall continue on and after such date as if such
removal action had been initiated under section 629 of title 10, United
States Code, as added by this Act.
''Sec. 603. (a) An officer of the Army or Air Force who on the
effective date of this Act (Sept. 15, 1981) --
''(1) holds the regular grade of first lieutenant, captain, or major;
and
''(2) has been considered once but not recommended for promotion to
the next higher regular grade by a selection board convened under the
laws in effect on the day before the effective date of this Act,
shall, within one year after the effective date of this Act, be
considered for promotion to the next higher regular grade by a selection
board convened by the Secretary concerned under the laws in effect on
the day before the effective date of this Act.
''(b)(1)(A) An officer described in subsection (a) who is recommended
for promotion by the selection board which considers him pursuant to
such subsection shall be considered to have been recommended for
promotion to the next higher regular grade or the grade in which he is
serving, whichever grade is higher, by a board convened under section
611(a) of title 10, United States Code, as added by this Act.
Notwithstanding section 741(d) of title 10, United States Code, as added
by this Act, the date of rank of an officer referred to in the preceding
sentence who was serving in the temporary grade equivalent to the grade
to which he is considered to have been recommended for promotion and who
is promoted to that grade is the date of his temporary appointment in
that grade.
''(2) An officer described in subsection (a) who is not recommended
for promotion by such board shall, unless continued on active duty under
section 637 of such title, as added by this Act, be retired, if eligible
to retire, be discharged, or be continued on active duty until eligible
to retire and then be retired, under the laws applicable on the day
before the effective date of this Act (Sept. 15, 1981).
''Sec. 604. An officer of the Army or Air Force who on the day before
the effective date of this Act (Sept. 15, 1981) --
''(1) holds the regular grade of first lieutenant, captain, or major;
and
''(2) has twice failed of selection for promotion to the next higher
regular grade,
shall, unless continued on active duty under section 637 of title 10,
United States Code, as added by this Act, be retired, if eligible to
retire, be discharged, or be continued on active duty until eligible to
retire and then be retired, under the laws in effect on the day before
the effective date of this Act.
''Sec. 605. (a) A reserve officer of the Army or Air Force who on the
effective date of this Act (Sept. 15, 1981) --
''(1) is on active duty and subject to placement on the active-duty
list of his armed force;
''(2) holds the reserve grade of first lieutenant, captain, or major;
and
''(3) has been considered once but not selected for promotion to the
next higher reserve grade under section 3366, 3367, 8366, or 8367, as
appropriate, of title 10, United States Code,
shall, unless sooner promoted, be considered again for promotion to
that grade by a selection board convened under section 3366, 3367, 8366,
or 8367, as appropriate, of such title.
''(b)(1) An officer described in subsection (a) who is serving on
active duty in a temporary grade higher than his reserve grade on the
effective date of this Act (Sept. 15, 1981) and who is recommended by
the selection board which considers him pursuant to such subsection for
promotion to the reserve grade equivalent to the temporary grade in
which he is serving on such date shall be considered as having been
recommended for promotion to that reserve grade in the report of a
selection board convened under section 611(a) of title 10, United States
Code, as added by this Act. Notwithstanding section 741(d) of title 10,
United States Code, as added by this Act, the date of rank of an officer
referred to in the preceding sentence who is promoted to the reserve
grade equivalent to the temporary grade in which he is serving on such
date is the date of his temporary appointment in that grade.
''(2) An officer described in subsection (a) who is serving on active
duty in a temporary grade equivalent to or lower than his reserve grade
on the effective date of this Act (Sept. 15, 1981) and who is
recommended by the selection board which considers him pursuant to such
subsection for promotion to a reserve grade higher than the temporary
grade in which he was serving on such date shall be considered as having
been recommended for promotion to that reserve grade in the report of a
selection board convened under section 3366, 3367, 8366, or 8367, as
appropriate, of such title. If such an officer is not ordered to active
duty in his reserve grade, he shall while continuing on active duty
retain such temporary grade and shall be considered for promotion under
chapter 36 of title 10, United States Code, as added by this Act, to a
grade equal to or lower than his reserve grade as if such temporary
grade is a permanent grade. If such officer is recommended for
promotion under such chapter to such a grade, his appointment to such
grade shall be a temporary appointment to such grade.
''(3) An officer described in subsection (a) who is not recommended
for promotion by the selection board which considers him pursuant to
such subsection shall be governed by section 3846 or 8846, as
appropriate, of title 10, United States Code, as a deferred officer.
''Sec. 606. An officer of the Army or Air Force who on the day before
the effective date of this Act (Sept. 15, 1981) --
''(1) was on active duty and subject to placement on the active-duty
list of his armed force; and
''(2) held the reserve grade of first lieutenant, captain, or major;
and
''(3) was considered to have twice failed of selection for promotion
to the next higher reserve grade,
shall be governed by section 3846 or 8846, as appropriate, of title
10, United States Code, as a deferred officer.
''Sec. 607. (a) An officer who is discharged in accordance with
section 603(b)(2) or 604 is entitled, at his election, to --
''(1) the severance pay to which he would have been entitled under
the laws in effect before the effective date of this Act (Sept. 15,
1981); or
''(2) separation pay, if eligible therefor, under section 1174(a) of
title 10, United States Code, as added by this Act.
''(b) An officer who is separated in accordance with section
605(b)(3) or 606 is entitled, at his election, to --
''(1) readjustment pay under section 687 of title 10, United States
Code, as in effect on the day before the effective date of this Act
(Sept. 15, 1981); or
''(2) separation pay, if eligible therefor, under section 1174(c) of
title 10, United States Code, as added by this Act.
''Sec. 608. (a) Notwithstanding section 635 or 636 of title 10,
United States Code, as added by this Act, but subject to subsection (b),
a regular officer of the Army or Air Force --
''(1) who on the effective date of this Act (Sept. 15, 1981) is
serving in or is on a list of officers recommended for promotion to the
temporary grade of brigadier general or major general;
''(2) whose regular grade on such date is below such temporary grade;
and
''(3) who is promoted pursuant to section 601(a) to the regular grade
equivalent to such temporary grade,
shall be subject to mandatory retirement for years of service in
accordance with the laws applicable on the day before the effective date
of this Act to officers in the permanent grade he held on such date.
However, such an officer shall not be subject to a mandatory retirement
date which is earlier than the first day of the month following the
month of the thirtieth day after he completes 30 years of service as
computed under section 3927(a) or 8927(a), as appropriate, of title 10,
United States Code, as in effect on the day before the effective date of
this Act.
''(b)(1) The Secretary of the Army or the Secretary of the Air Force,
as appropriate, may convene selection boards under this section for the
purpose of recommending from among officers described in subsection (a)
officers to be selected to be subject to mandatory retirement for years
of service in accordance with the laws applicable on the day before the
effective date of this Act (Sept. 15, 1981) to officers in the permanent
grade to which such officers were promoted pursuant to section 601(a) or
to officers in a lower permanent grade higher than the permanent grade
held by such officers on the day before the effective date of this Act.
''(2) Upon the recommendation of a selection board convened under
this section, the Secretary concerned may select officers described in
subsection (a) to be subject to mandatory retirement in accordance with
the provisions of section 3922, 3923, 8922, or 8923, as appropriate, of
title 10, United States Code, as in effect on the day before the
effective date of this Act (Sept. 15, 1981), rather than in the manner
described in subsection (a).
''(3) Any selection board convened under this section shall be
convened in accordance with the provisions of section 3297 or 8297, as
appropriate, of title 10, United States Code, as in effect on the day
before the effective date of this Act (Sept. 15, 1981).
''(c) This section does not apply to an officer who --
''(1) is sooner retired or separated under another provision of law;
''(2) is promoted to the permanent grade of brigadier general
pursuant to section 601(a) and is subsequently promoted to the permanent
grade of major general under chapter 36 of title 10, United States Code,
as added by this Act; or
''(3) is continued on active duty under section 637 of title 10,
United States Code, as added by this Act.
''Sec. 609. (a)(1) Subject to paragraph (2), an officer of the Army
or Air Force who on the effective date of this Act (Sept. 15, 1981) --
''(A) holds the regular grade of major; or
''(B) is on a list of officers recommended for promotion to the
regular grade of major,
shall be retained on active duty until he completes twenty-one years
of service as computed under section 3927(a) or 8927(a), as appropriate,
of title 10, United States Code (as in effect on the day before the
effective date of this Act), and then be retired under the provisions of
section 3913 or 8913 of such title (as in effect on the day before the
effective date of this Act) on the first day of the month after the
month in which he completes that service.
''(2) Paragraph (1) does not apply to an officer who --
''(A) is sooner retired or separated under another provision of law;
''(B) is promoted to the regular grade of lieutenant colonel; or
''(C) is continued on active duty under section 637 of title 10,
United States Code, as added by this Act.
''(b)(1) Subject to paragraph (2), an officer of the Army or Air
Force who on the effective date of this Act (Sept. 15, 1981) --
''(A) holds the regular grade of colonel; or
''(B) is on a list of officers recommended for promotion to the
regular grade of colonel,
shall be retired under section 3921 or 8921, as appropriate, of such
title (as in effect on the day before the effective date of this Act).
''(2) Paragraph (1) does not apply to an officer who --
''(A) is sooner retired or separated under another provision of law;
''(B) is promoted to the regular grade of brigadier general; or
''(C) is continued on active duty under section 637 of title 10,
United States Code, as added by this Act.
''Sec. 610. A regular officer of the Army or Air Force serving on
active duty on the effective date of this Act (Sept. 15, 1981) whose
retirement under chapter 367 or 867 of title 10, United States Code, has
been deferred before that date --
''(1) under a provision of such chapter; or
''(2) by virtue of a suspension, under any provision of law, of
provisions of such chapter which would otherwise require such
retirement,
may continue to serve on active duty to complete the period for which
his retirement was deferred or until such suspension is removed.
or lieutenant general or
recommended
for promotion
''Sec. 611. (a) Subject to subsection (b), any regular officer of the
Navy or Marine Corps, and any reserve officer of the Navy and Marine
Corps who on the effective date of this Act (Sept. 15, 1981) is subject
to placement on the active-duty list, who on the effective date of this
Act --
''(1) is serving on active duty in a temporary grade below vice
admiral or lieutenant general that is higher than his permanent grade;
or
''(2) is on a promotion list,
shall be considered to have been recommended for promotion to the
permanent grade equivalent to the grade in which he is serving or for
which he has been recommended for promotion, as the case may be, by a
board convened under section 611(a) of title 10, United States Code, as
added by this Act.
''(b) This section does not apply to an officer --
''(1) serving in a temporary grade which, by its own terms, is
limited in duration;
''(2) designated for limited duty in a grade to which he was
appointed under section 5596 of title 10, United States Code, before the
effective date of this Act (Sept. 15, 1981); or
''(3) recommended for promotion or promoted to a grade under section
5787 of such title, as in effect before the effective date of this Act.
''(c)(1) Any delay of a promotion of an officer referred to in clause
(2) of subsection (a) that was in effect on September 14, 1981, under
the laws and regulations in effect on such date, shall continue in
effect on and after September 15, 1981, as if such promotion had been
delayed under section 624(d) of title 10, United States Code, as added
by this Act.
''(2) Any action to remove from a promotion list the name of an
officer referred to in clause (2) of subsection (a) which was initiated
before September 15, 1981, under the laws and regulations in effect
before such date shall continue on and after such date as if such
removal action had been initiated under section 629 of title 10, United
States Code, as added by this Act.
''Sec. 612. (a) Except as provided in subsection (b), an officer of
the Navy or Marine Corps who on the effective date of this Act (Sept.
15, 1981) is considered to have failed of selection for promotion one or
more times to a grade below the grade of captain, in the case of an
officer of the Navy, or below the grade of colonel, in the case of an
officer of the Marine Corps, is subject to chapter 36 of title 10,
United States Code, as added by this Act, as if such failure or failures
had occurred under the provisions of such chapter.
''(b) An officer who during fiscal year 1981 --
''(1) failed twice of selection for promotion to the grade of either
lieutenant or lieutenant commander, in the case of an officer in the
Navy, or to either captain or major, in the case of an officer in the
Marine Corps; and
''(2) had not previously failed of selection for promotion to that
grade,
may not, because of such failures of selection, be involuntarily
separated, involuntarily discharged, or retired under chapter 36 of
title 10, United States Code, as added by this Act, before June 30,
1982, unless the officer so requests.
''Sec. 613. (a)(1) Subject to paragraph (2), an officer who on
September 15, 1981 --
''(A) holds the grade of lieutenant commander, commander, or captain
in the Regular Navy or the grade of major, lieutenant colonel, or
colonel in the Regular Marine Corps; or
''(B) is on a promotion list to any such grade,
shall be retired on the date provided under the laws in effect on
September 14, 1981, except that an officer for whom no means can be
established under the laws in effect on September 14, 1981, for
computing creditable service in determining whether the officer is
subject to involuntary retirement shall be retired under chapter 573 of
title 10, United States Code, as in effect on September 14, 1981, on the
basis of the years of service of such officer as determined under
regulations prescribed under section 624(b).
''(2) This subsection does not apply to an officer --
''(A) removed from active duty under section 1184 of title 10, United
States Code, as added by this Act;
''(B) promoted to a higher grade in the Regular Navy or Regular
Marine Corps;
''(C) continued on active duty under section 637 of title 10, United
States Code, as added by this Act; or
''(D) selected for early retirement under section 638 of title 10,
United States Code.
''(b)(1) An officer of the Navy who on September 14, 1981 --
''(A) has the grade of rear admiral in the Regular Navy; or
''(B) was on a promotion list to such grade,
shall be continued on active duty or retired in accordance with the
laws in effect on September 14, 1981.
''(2) An officer of the Marine Corps who on September 14, 1981 --
''(A) has the grade of brigadier general in the Regular Marine Corps;
or
''(B) was on a promotion list to such grade,
shall be retired in accordance with the laws in effect on September
14, 1981.
''Sec. 614. (a)(1) An officer of the Navy who on the day before the
effective date of this Act (Sept. 15, 1981) --
''(A) was serving on active duty in the grade of rear admiral and was
receiving the basic pay of a rear admiral of the upper half; or
''(B) was serving on active duty in the grade of admiral or vice
admiral and would have been entitled to receive the basic pay of a rear
admiral of the upper half had he not been serving in such grade on such
date,
shall after such date hold the permanent grade of rear admiral.
''(2) An officer of the Navy who on the day before the effective date
of this Act (Sept. 15, 1981) --
''(A) was serving on active duty in the grade of rear admiral and was
receiving the basic pay of a rear admiral of the lower half; or
''(B) was serving on active duty in the grade of admiral or vice
admiral and would have been entitled to receive the basic pay of a rear
admiral of the lower half had he not been serving in such grade on such
date,
shall after such date hold the permanent grade of commodore, but
shall retain the title of rear admiral.
''(3) An officer who on the day before the effective date of this Act
(Sept. 15, 1981) was on a list of officers recommended for promotion to
the grade of rear admiral shall, upon promotion, hold the grade of
commodore with the title of rear admiral.
''(b) An officer who on the day before the effective date of this Act
(Sept. 15, 1981) --
''(1) was serving on active duty in the grade of rear admiral and was
entitled to the basic pay of a rear admiral of the lower half; or
''(2) was on a list of officers recommended for promotion to the
grade of rear admiral,
shall, on and after the effective date of this Act, or in the case of
an officer on such a list, upon promotion to the grade of commodore, be
entitled to wear the uniform and insignia of a rear admiral.
''(c) Except as otherwise provided by law, an officer of the Navy who
on the day before the effective date of this Act (Sept. 15, 1981) held
the grade of rear admiral on the retired list or the temporary
disability retired list retains the grade of rear admiral and is
entitled after such date to wear the uniform and insignia of a rear
admiral. Such an officer, when ordered to active duty --
''(1) holds the grade and has the right to wear the uniform and
insignia of a rear admiral; and
''(2) ranks among commissioned officers of the armed forces as and is
entitled to the basic pay of --
''(A) a commodore, if his retired pay was based on the basic pay of a
rear admiral of the lower half on the day before the effective date of
this Act; or
''(B) a rear admiral, if his retired pay was based on the basic pay
of a rear admiral of the upper half on the day before the effective date
of this Act.
''(d)(1) An officer of the Navy who --
''(A) on the effective date of this Act (Sept. 15, 1981) --
''(i) was serving on active duty in the grade of rear admiral and was
entitled to the basic pay of a rear admiral of the lower half or was
serving on active duty in the grade of admiral or vice admiral and would
have been entitled to receive the basic pay of a rear admiral of the
lower half had he not been serving in such grade on such date; or
''(ii) was on a list of officers recommended for promotion to the
grade of rear admiral; and
''(B) after such date holds the permanent grade of commodore pursuant
to subsection (a),
shall not be subject to the provisions of chapter 36 of title 10,
United States Code, as added by this Act, relating to selection for
promotion and promotion to the next higher grade.
''(2) Officers to whom this subsection applies become entitled to
hold the permanent grade of rear admiral under the circumstances
prescribed for entitlement to the basic pay of a rear admiral of the
upper half under the provisions of subsections (a) through (d) of
section 202 of title 37, United States Code, as in effect on the day
before the effective date of this Act (Sept. 15, 1981). For the
purposes of this subsection, officers serving in the permanent grade of
rear admiral or commodore in accordance with subsection (a) shall be
considered as serving in the grade of rear admiral, as such grade was in
effect on the day before the effective date of this Act.
''(e) Unless entitled to a higher grade under another provision of
law, an officer of the Navy who on the day before the effective date of
this Act (Sept. 15, 1981) --
''(1) was serving on active duty; and
''(2) held the grade of rear admiral;
and who retires on or after the effective date of this Act, retires
in the grade of rear admiral and is entitled to wear the uniform and
insignia of a rear admiral. If such an officer is ordered to active
duty after his retirement, he is considered, for the purposes of
determining his pay, uniform and insignia, and rank among other
commissioned officers, as having held the grade of rear admiral on the
retired list on the day before the effective date of this Act.
''(f) A reserve officer of the Navy who on the day before the
effective date of this Act (Sept. 15, 1981) was in an active status and
was serving in the grade of rear admiral or was on a list of reserve
officers recommended for promotion to the grade of rear admiral is not
subject to subsection (f) of section 6389 of title 10, United States
Code, as added by this Act.
''Sec. 615. (a) Except as provided under subsection (c), each regular
officer who on the effective date of this Act (Sept. 15, 1981) is
serving on the active list in the line of the Navy or on the active list
of the Marine Corps under an appointment made under section 5590 of
title 10, United States Code, shall be reappointed in the line of the
Navy or in the Marine Corps, as appropriate, in the grade and with the
date of rank held by such officer immediately before such reappointment.
Each such reappointment shall be made in accordance with the provisions
of such title as amended by this Act but notwithstanding any limitation
otherwise applicable with regard to age, grade, or physical standards.
''(b) Each officer of the Navy who on the effective date of this Act
(Sept. 15, 1981) is serving in a staff corps under an appointment made
under section 5590 of title 10, United States Code, shall be reappointed
in that corps in the grade and with the date of rank held by such
officer immediately before such reappointment. Each such reappointment
shall be made in accordance with the provisions of such title as amended
by this Act but notwithstanding any limitation otherwise applicable with
regard to age, grade, or physical standards.
''(c) Any officer who on the effective date of this Act (Sept. 15,
1981) is serving on the active list in the line of the Navy under an
appointment made under section 5590 of title 10, United States Code, and
who meets the qualifications for appointment in a staff corps of the
Navy may, request appointment in a staff corps and, with the approval of
the Secretary of the Navy, be appointed in that staff corps. Any
appointment under this subsection shall be in lieu of the reappointment
of the officer under subsection (a).
''(d) Each officer reappointed in a staff corps pursuant to
subsection (b) or appointed in a staff corps under subsection (c) shall
be considered for all purposes as having been originally appointed in
such staff corps in accordance with the provisions of title 10, United
States Code, as amended by this Act.
''(e) Except as otherwise specifically provided by law, all
provisions of law relating to appointment, promotion, separation, and
retirement which are applicable to male officers of the Regular Navy or
Regular Marine Corps, as appropriate, apply to officers reappointed
pursuant to subsection (a) or (b) or appointed under subsection (c).
''(f)(1) As soon as practicable after completion of the appointments
and reappointments provided for in subsections (a), (b), and (c), the
name of each officer so appointed or reappointed shall be entered on the
appropriate active-duty list of the Navy or the Marine Corps in a
position among officers of her grade determined in accordance with
regulations prescribed by the Secretary of the Navy. Such officers
shall be placed on the appropriate active-duty list without change in
their relative positions held on the lineal list or any list for
promotion established for them while they were serving under an
appointment under any provision of title 10, United States Code,
repealed by this Act.
''(2) Any female officer --
''(A) who, by virtue of her date of rank and other considerations,
would be placed on a list of officers eligible for consideration for
promotion in a position senior to an officer who has failed of selection
for promotion one or more times; and
''(B) who is considered to have failed of selection for promotion
once or is considered to have never failed of selection for promotion,
shall, for purposes of determining her eligibility for consideration
for promotion to the next higher grade, be considered with those
officers who are considered to have failed of selection for promotion
once, or who are considered never to have failed of selection for
promotion, as the case may be.
''(3) A female officer who is considered to have failed of selection
for promotion one or more times and whose position on the active-duty
list is junior to the position of any male officer who is considered to
have failed of selection for promotion a fewer number of times or not at
all may not derive any advantage in the selection process by virtue of
such position on the active-duty list.
''(g) Except as provided in section 638 of title 10, United States
Code, as added by this Act, a regular officer of the Navy or Marine
Corps appointed under section 5590 of such title who --
''(1) before the effective date of this Act (Sept. 15, 1981) had not
twice failed of selection for promotion to the next higher grade; and
''(2) is not selected for promotion to a higher regular grade on or
after such effective date,
may not be retired earlier than such officer would have been retired
had this Act not been enacted.
''(h)(1) Any officer who --
''(A) on the effective date of this Act (Sept. 15, 1981) is a
lieutenant in the Navy or a captain in the Marine Corps;
''(B) under section 6396(c) or 6401 of title 10, United States Code
(as in effect on the day before the effective date of this Act), would
have been discharged on June 30 of the fiscal year in which that officer
(i) was not on a promotion list, and (ii) had completed 13 years of
active commissioned service; and
''(C) because of the enactment of this Act, is subject to discharge
under section 632 of such title because such officer has twice failed of
selection for promotion,
shall, if such officer has not completed 13 years of active
commissioned service at the time otherwise prescribed for the discharge
of such officer under such section and such officer so requests, not be
discharged until June 30 of the fiscal year in which the officer
completes 13 years of active commissioned service.
''(2) Any officer who --
''(A) on the effective date of this Act (Sept. 15, 1981) is a
lieutenant (junior grade) in the Navy or a first lieutenant in the
Marine Corps;
''(B) under section 6396(d) or 6402 of title 10, United States Code
(as in effect on the day before the effective date of this Act), would
have been discharged on June 30 of the fiscal year in which that officer
(i) was not on a promotion list, and (ii) had completed 7 years of
active commissioned service; and
''(C) because of the enactment of this Act, is subject to discharge
under section 631 of such title because such officer has twice failed of
selection for promotion,
shall, if that officer has not completed 7 years of active
commissioned service at the time otherwise prescribed for such discharge
under such section and such officer so requests, not be discharged until
June 30 of the fiscal year in which the officer completes 7 years of
active commissioned service.
''Sec. 616. (a) An officer of the Regular Navy or Regular Marine
Corps who on the effective date of this Act (Sept. 15, 1981) is an
officer who was designated for limited duty before that date under
section 5589 of title 10, United States Code, is subject to section 6383
of such title (as in effect on the day before the effective date of this
Act), unless promoted to a higher permanent grade under chapter 36 of
title 10, United States Code, as added by this Act.
''(b) Any female member of the Navy who on April 2, 1981, was
appointed under section 591 or 5590 of title 10, United States Code, in
the grade of ensign as an officer designated for limited duty may after
September 14, 1981, be reappointed as an officer designated for limited
duty under section 5596 of title 10, United States Code, as amended by
this Act. A member so reappointed shall have a date of rank as an
ensign of April 2, 1981, and shall have the same permanent pay grade and
status as that member held on April 1, 1981.
''(c) An officer of the Navy or Marine Corps who on September 15,
1981, was an officer designated for limited duty under section 5589 of
title 10, United States Code, and who on the date of the enactment of
this subsection (Oct. 19, 1984) is serving in a temporary grade above
the grade of lieutenant, in the case of an officer of the Navy, or
captain, in the case of an officer of the Marine Corps, may be
reappointed under section 5589 of title 10, United States Code (as in
effect on or after September 15, 1981), in the same permanent grade and
with the same date of rank held by that officer on the active-duty list
immediately before such reappointment if he is otherwise eligible for
appointment under that section.
''Sec. 617. Any officer who on the effective date of this Act (Sept.
15, 1981) holds a temporary appointment in the grade of lieutenant
commander under section 5787d of title 10, United States Code, shall on
and after such date be considered to be serving in such grade as if such
appointment had been made under section 5721 of such title, as added by
this Act.
''Sec. 618. (a) An officer of the Navy who on the day before the
effective date of this Act (Sept. 15, 1981) was serving on active duty
and entitled to rank and privileges of retirement under section 5064 of
title 10, United States Code, as in effect on the day before the
effective date of this Act, shall have his rank and retirement
privileges determined under the laws in effect on such date.
''Sec. 619. If necessary because of unforeseen circumstances, the
Secretary of the Navy, during fiscal year 1982, may convene boards to
select officers for promotion under chapters 545 and 549 of title 10,
United States Code, as in effect on September 14, 1981, and officers so
selected may be promoted in accordance with such chapters. An officer
promoted to a higher grade under the authority of this section shall be
subject to sections 613 and 629 as if he held that grade on September
14, 1981, and shall have a date of rank to be determined under section
741 of title 10, United States Code, as amended by this Act.
''Sec. 620. Notwithstanding section 6389 of title 10, United States
Code, an officer who on September 14, 1981 --
''(1) holds the grade of lieutenant commander in the Naval Reserve;
''(2) is on active duty as the result of recall orders accepted
subsequent to a break in active commissioned service;
''(3) is subject to placement on the active-duty list; and
''(4) is considered --
''(A) to have failed of selection for promotion to the grade of
commander one or more times under chapter 545 of title 10, United States
Code, as in effect on September 14, 1981; or
''(B) to have been later considered to have failed of selection for
promotion to the grade of commander one or more times under chapter 36
of title 10, United States Code, as added by this Act,
may be retained on active duty by the Secretary of the Navy for such
period as the Secretary considers appropriate.
''Sec. 621. (a)(1) Not later than 6 months after the effective date
of this Act (Sept. 15, 1981), all officers of the Army, Navy, Air Force,
and Marine Corps who are required to be placed on the active-duty list
for their armed force under chapter 36 of title 10, United States Code,
as added by this Act, shall be placed on such list with the same
relative seniority which they held on the day before the effective date
of this Act. An officer placed on an active-duty list under this
section shall be considered to have been placed on such list as of the
effective date of this Act.
''(2) Regulations prescribed under section 620 of title 10, United
States Code, as added by this Act, shall be applicable to the placement
of officers on the active-duty list under paragraph (1).
''(b) Under regulations prescribed by the Secretary of Defense, which
shall apply uniformly among the Army, Navy, Air Force, and Marine Corps,
the Secretary of the military department concerned, in order to maintain
the relative seniority among officers of the Army, Navy, Air Force, and
Marine Corps as it existed on September 14, 1981, may adjust the date of
rank of officers --
''(1) below the grade of brigadier general or commodore during the
one-year period beginning on September 15, 1981; and
''(2) above the grade of colonel or, in the case of the Navy, captain
until there are no longer any officers to whom section 614(d) is
applicable.
''Sec. 622. (a) Any officer of the Army, Navy, Air Force, or Marine
Corps who on the effective date of this Act (Sept. 15, 1981) is serving
on active duty in a temporary grade which is the same as his permanent
grade shall on such date be serving in such grade subject to this title
and the amendments made by this Act. The date of rank of such officer
in that grade is the date of his temporary appointment to that grade.
''Sec. 623. (a) Any officer who on the day before the effective date
of this Act (Sept. 15, 1981) held a temporary appointment in the grade
of lieutenant general or general under section 3066, 5232, or 8066 of
title 10, United States Code, or a temporary appointment in the grade of
vice admiral or admiral under section 5231 of such title, shall on and
after such date be considered to be serving in such grade as if such
appointment had been made under section 601 of such title, as added by
this Act.
''(b)(1) Any designation of a position as a position of importance
and responsibility made by the President under section 3066 or 8066 of
title 10, United States Code, before the effective date of this Act
(Sept. 15, 1981), shall remain in effect, unless changed by the
President, as a designation of such position as a position of importance
and responsibility under section 601 of such title, as added by this
Act.
''(2) Any position held by an officer under section 5231 or 5232 of
title 10, United States Code, on the effective date of this Act (Sept.
15, 1981) shall, unless changed by the President, be deemed to be a
position of importance and responsibility designated by the President
under section 601 of title 10, United States Code.
''(c) Any officer who before the effective date of this Act (Sept.
15, 1981) served in the grade of lieutenant general, general, vice
admiral, or admiral but was not serving in such grade on the day before
the effective date of this Act shall for the purposes of section 1370(c)
of title 10, United States Code, as added by this Act, be deemed to have
held such position under an appointment made under section 601 of such
title, as added by this Act.
''Sec. 624. (a) In determining whether any officer of the Army, Navy,
Air Force, or Marine Corps who was on active duty on the day before the
effective date of this Act (Sept. 15, 1981) is subject to involuntary
retirement or discharge under chapter 36 of title 10, United States
Code, as added by this Act, the years of service of the officer for such
purpose shall be computed by adding --
''(1) the amount of service creditable to such officer on the day
before the effective date of this Act for the purpose of determining
whether the officer is subject to involuntary retirement or discharge;
and
''(2) all subsequent active commissioned service of such officer.
''(b) In the case of an officer subject to placement on the
active-duty list on September 15, 1981, for whom no means of computing
service creditable in determining whether the officer is subject to
involuntary retirement or discharge existed under the law in effect on
the day before the effective date of this Act (Sept. 15, 1981), the
amount of creditable service of such officer for such purpose for the
period before the effective date of this Act shall be determined under
regulations prescribed by the Secretary of the military department
concerned, except that such an officer may not be credited with an
amount of service less than the amount of his active commissioned
service.
''Sec. 625. (a) The amendments made by this Act do not affect the
crediting of years of service to any person who on the day before the
effective date of this Act (Sept. 15, 1981) --
''(1) had been credited with years of service upon an original
appointment as an officer or after such an appointment; or
''(2) was participating in a program leading to an appointment as an
officer in the Army, Navy, Air Force, or Marine Corps and the crediting
of years of service.
''(b)(1) Any officer who on the effective date of this Act (Sept.
15, 1981) is an officer of the Army or Navy in the Medical or Dental
Corps of his armed force, an officer of the Air Force designated as a
medical or dental officer, or an officer of the Public Health Service
commissioned as a medical or dental officer is entitled to include in
the years of service creditable to him for the computation of basic pay
and retired pay the years of service creditable to him for such purposes
under clauses (7) and (8) of section 205(a) of title 37, United States
Code, as in effect on the day before the effective date of this Act.
''(2) Any person who on the day before the effective date of this Act
(Sept. 15, 1981) was enrolled in the Uniformed Services University of
the Health Sciences under chapter 104 of this title or the Armed Forces
Health Professions Scholarship Program under chapter 105 of this title
and who on or after the effective date of this Act graduates from such
university or completes such program, as the case may be, and is
appointed in one of the categories specified in paragraph (1) is
entitled to include in the years of service creditable to him for the
computation of basic pay and retired pay the years of service that would
have been credited to him under clauses (7) and (8) of section 205(a) of
title 37, United States Code, as in effect on the day before the
effective date of this Act, had such clauses not been repealed by this
Act.
''Sec. 626. (a) For the purpose of computing the years of service for
pay and allowances of an officer of the Army, Navy, Air Force, or Marine
Corps, including retired pay, severance pay, readjustment pay,
separation pay, and basic pay, the total years of service of such
officer shall be computed by adding to that service so creditable on the
day before the effective date of this Act (Sept. 15, 1981) all
subsequent service as computed under title 10, United States Code, as
amended by this Act.
''(b) An officer of the Army, Navy, Air Force, or Marine Corps who
was on active duty on the effective date of this Act (Sept. 15, 1981)
and who is retired under section 1251 of title 10, United States Code,
as added by this Act, shall be entitled to retired pay in an amount
equal to not less than 50 percent of the basic pay upon which his
retired pay is based.
''(c) The service that an officer of the Army, Navy, Air Force, or
Marine Corps has in a particular grade is the sum of --
''(A) the years, months, and days of service in that grade accrued
under the laws in effect before the effective date of this Act (Sept.
15, 1981); and
''(B) the years, months, and days of service in that grade accrued
under the laws in effect on and after the effective date of this Act.
''Sec. 627. For the fiscal year ending on September 30, 1981, the
maximum number of officers authorized to be serving on active duty as of
the end of such fiscal year in each of the grades of major, lieutenant
colonel, and colonel for the Army, Air Force, and Marine Corps, and in
each of the grades of lieutenant commander, commander, and captain for
the Navy, under section 523 of title 10, United States Code, as added by
this Act, is increased by the number equal to one-half the difference
between (1) the actual number of officers of that armed force serving on
active duty in that grade on September 30, 1980 (excluding officers in
categories specified in subsection (b) of such section), and (2) the
number specified in the table contained in such section for such armed
force and grade based upon the total number of commissioned officers of
such armed force on active duty on September 30, 1981 (excluding
officers in categories specified in subsection (b) of such section).
''Sec. 628. (a) A member of the Army, Navy, Air Force, or Marine
Corps who --
''(1) on the day before the effective date of this Act (Sept. 15,
1981) had a permanent status as an enlisted member or as a warrant
officer (or had a statutory right to be enlisted or to be appointed as a
warrant officer) and was serving as an officer under a temporary
appointment; and
''(2) on or after the effective date of this Act and before
completing 10 years of commissioned service for purposes of retirement
eligibility under section 3911, 6323, or 8911 of title 10, United States
Code, completes 20 years of total service, as determined under section
1405 of such title,
is entitled to retire or transfer to the Fleet Reserve or Fleet
Marine Corps Reserve in the highest grade he held as an enlisted member
or a warrant officer.
''Sec. 629. In applying section 1370(a)(2) of title 10, United States
Code, as added by this Act, to an officer of the Army, Navy, Air Force,
or Marine Corps who was on active duty on the day before the effective
date of this Act (Sept. 15, 1981) and who on or after the effective date
of this Act is not promoted to a grade higher than the grade he held on
the day before the effective date of this Act or, in the case of an
officer who was on a list of officers recommended for promotion on such
date, is not promoted to a grade higher than the grade to which he was
recommended for promotion, 'two years' shall be substituted for 'three
years'. The Secretary of the military department concerned may waive
the requirements of this section and of section 1370(a)(2) of title 10,
United States Code, as added by this Act, with respect to any officer
described in the preceding sentence.
''Sec. 630. An officer of the Army, Navy, Air Force, or Marine Corps
who was recommended for continuation on the active list under the Act
entitled 'An Act to provide improved opportunity for promotion for
certain officers in the naval service, and for other purposes', approved
August 11, 1959 (Public Law 86-155; 10 U.S.C. 5701 note), or under
section 10 of the Act entitled 'An Act relating to the promotion and
separation of certain officers of the regular components of the armed
forces', approved July 12, 1960 (Public Law 86-616; 10 U.S.C. 3297
note), is not subject to section 638 of title 10, United States Code, as
added by this Act, relating to selective early retirement.
''Sec. 631. (a) A member of the Army, Navy, Air Force, or Marine
Corps who --
''(1) was on active duty (other than for training) on Sept. 14,
1981; and
''(2) after such date is involuntarily discharged or released from
active duty under any provision of title 10, United States Code, as in
effect after such date,
is entitled to receive any readjustment payment or severance pay to
which he would have been entitled under laws in effect on Sept. 14,
1981, unless (in the case of a member discharged or released on or after
the date of the enactment of the Department of Defense Authorization
Act, 1985 (Oct. 19, 1984)) the Secretary concerned determines that the
conditions under which the member is discharged or separated do not
warrant such pay.
''(b) If a member who is entitled to receive a readjustment payment
or severance pay under subsection (a) is also eligible to receive
separation pay under section 1174 of title 10, United States Code, as
added by this Act, the member may not receive both the readjustment
payment and severance pay under laws in effect on Sept. 14, 1981, and
separation pay under such section, but shall elect which he will
receive. If the number fails to make an election in a timely manner, he
shall be paid the amount which is more favorable to him.
''Sec. 632. Section 1251 of title 10, United States Code, as added by
this Act, relating to mandatory retirement for age, shall not apply to
any officer who on the effective date of this Act (Sept. 15, 1981) was
on active duty in a grade above general.
''Sec. 633. For the purposes of this title:
''(1) The term 'officer' does not include warrant officers.
''(2) The term 'active-duty list' means the active-duty list
established by the Secretary of the military department concerned
pursuant to section 620 of title 10, United States Code, as added by
this Act.
''Sec. 634. Unless entitled to a higher grade under any other
provision of law, a member of the Army or Air Force who is a reserve
officer and who --
''(1) is on active duty on September 14, 1981; and
''(2) after such date retires under section 3911 or 8911 of title 10,
United States Code,
is entitled to retire in the reserve grade which he held or to which
he had been selected for promotion on September 14, 1981.
''Sec. 635. Any person who before September 15, 1981 --
''(1) was selected for participation in a postbaccalaureate
educational program leading to an appointment as a commissioned officer
or had completed a postbaccalaureate program and was selected for
appointment as a commissioned officer of the Army, Navy, Air Force, or
Marine Corps;
''(2) under regulations of the Secretary of the military department
concerned in effect on December 12, 1980, would have been appointed and
ordered to active duty in a grade specified or determined in accordance
with such regulations; and
''(3) had not been so appointed and ordered to active duty,
may be appointed and ordered to active duty in such grade with a date
of rank and position on the active-duty list junior to that of all other
officers of the same grade and competitive category serving on active
duty.
''Sec. 636. A reserve officer of the Army, Navy, Air Force, or Marine
Corps who on September 14, 1981 --
''(1) is serving on active duty (A) under section 10(b)(2) of the
Military Selective Service Act (50 U.S.C. App. 460(b)(2)) for the
administration of the Selective Service System, or (B) under section 708
of title 32; and
''(2) is serving in a temporary grade or is selected for promotion to
a temporary grade,
may continue to serve in or may be promoted to and serve in such
grade until promoted to a higher grade, separated, or retired.
''Sec. 637. An officer of the Regular Army, Regular Navy, Regular Air
Force, or Regular Marine Corps who on September 14, 1981, was serving on
active duty may not be discharged under section 630(1)(A) of title 10,
United States Code, as added by this Act, on or after the day on which
that officer completes three years of continuous service as a regular
commissioned officer.
''Sec. 638. Notwithstanding section 1174(h) of title 10, United
States Code, as added by this Act, a person who received readjustment or
severance pay before September 15, 1981, and who, on or after September
15, 1981, becomes entitled to retired or retainer pay under any
provision of title 10 or title 14, United States Code, shall be required
to repay that readjustment pay or severance pay in accordance with the
laws in effect on September 14, 1981.
''Sec. 639. Notwithstanding sections 619, 620, and 641(4) of title
10, United States Code, a retired officer serving on active duty on the
date of the enactment of this section (Oct. 19, 1984) who on September
14, 1981, was on active duty as a retired officer recalled to active
duty and who --
''(1) was eligible for consideration for promotion on that date; and
''(2) has served continuously on active duty since that date,
may be considered for promotion (under regulations prescribed by the
Secretary of the military department concerned) by a selection board
that convenes after the date of the enactment of this section as if he
had been placed on the active-duty list pursuant to section 621 of this
Act.''
10 USC 612. Composition of selection boards
TITLE 10 -- ARMED FORCES
(a)(1) Members of selection boards shall be appointed by the
Secretary of the military department concerned in accordance with this
section. A selection board shall consist of five or more officers who
are on the active-duty list of the same armed force as the officers
under consideration by the board. Each member of a selection board must
be serving in a grade higher than the grade of the officers under
consideration by the board, except that no member of a board may be
serving in a grade below major or lieutenant commander.
(2)(A) Except as provided in subparagraph (B), a selection board
shall include at least one officer from each competitive category of
officers to be considered by the board.
(B) A selection board need not include an officer from a competitive
category to be considered by the board when there are no officers of
that competitive category on the active-duty list in a grade higher than
the grade of the officers to be considered by the board and eligible to
serve on the board. However, in such a case the Secretary of the
military department concerned, in his discretion, may appoint as a
member of the board an officer of that competitive category who is not
on the active-duty list from among officers of the same armed force as
the officers under consideration by the board who hold a higher grade
than the grade of the officers under consideration and who are retired
officers, reserve officers serving on active duty but not on the
active-duty list, or members of the Ready Reserve.
(3) When reserve officers of an armed force are to be considered by a
selection board, the membership of the board shall include at least one
reserve officer of that armed force, with the exact number of reserve
officers to be determined by the Secretary of the military department
concerned, in his discretion, except that in the case of a board which
is considering officers in the grade of colonel or brigadier general or,
in the case of officers of the Navy, captain or rear admiral (lower
half), no reserve officer need be included if there are no reserve
officers of that armed force on active duty in the next higher grade who
are eligible to serve on the board.
(4) Except as provided in paragraphs (2) and (3), if qualified
officers on the active-duty list are not available in sufficient number
to comprise a selection board, the Secretary of the military department
concerned shall complete the membership of the board by appointing as
members of the board officers who are members of the same armed force
and hold a grade higher than the grade of the officers under
consideration by the board and who are retired officers, reserve
officers serving on active duty but not on the active-duty list, or
members of the Ready Reserve.
(5) A retired general or flag officer who is on active duty for the
purpose of serving on a selection board shall not, while so serving, be
counted against any limitation on the number of general and flag
officers who may be on active duty.
(b) No officer may be a member of two successive selection boards
convened under section 611(a) of this title for the consideration of
officers of the same competitive category and grade.
(c) Each selection board convened under section 611(a) of this title
that will consider officers who are serving in, or have served in, joint
duty assignments shall include at least one officer designated by the
Chairman of the Joint Chiefs of Staff who is currently serving in a
joint duty assignment. The Secretary of Defense may waive the preceding
sentence in the case of any selection board of the Marine Corps.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2851;
amended Pub. L. 97-22, 4(a), July 10, 1981, 95 Stat. 125; Pub. L.
97-86, title IV, 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L.
99-145, title V, 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L.
99-433, title IV, 402(a), Oct. 1, 1986, 100 Stat. 1030.)
1986 -- Subsec. (c). Pub. L. 99-433 added subsec. (c).
1985 -- Subsec. (a)(3). Pub. L. 99-145 substituted ''rear admiral
(lower half)'' for ''commodore''.
1981 -- Subsec. (a)(2). Pub. L. 97-22, 4(a)(1), designated existing
provisions as subpar. (A), substituted ''Except as provided in
subparagraph (B), a selection board'' for ''A selection board'', and
added subpar. (B).
Subsec. (a)(3). Pub. L. 97-86 substituted ''commodore'' for
''commodore admiral''.
Pub. L. 97-22, 4(a)(2), inserted '', with the exact number of
reserve officers to be determined by the Secretary of the military
department concerned in his discretion'' after ''at least one reserve
officer of that armed force'' and inserted ''who are eligible to serve
on the board'' after ''the next higher grade''.
Subsec. (a)(4). Pub. L. 97-22, 4(a)(3), substituted ''Except as
provided in paragraphs (2) and (3)'' for ''Except as provided in
paragraph (3)'' and ''officers who are members of the same armed force
and hold a grade higher than the grade of the officers under
consideration by the board and who are retired officers, reserve
officers serving on active duty but not on the active-duty list, or
members of the Ready Reserve'' for ''retired officers of the same armed
force who hold a retired grade higher than the grade of the officers
under consideration by the board'' and designated as par. (5)
provisions that retired general or flag officers on active duty for the
purpose of serving on a selection board not be counted against any
limitation on the number of general and flag officers who may be on
active duty.
Subsec. (a)(5). Pub. L. 97-22, 4(a)(3), added par. (5) consisting
of provisions, formerly contained in par. (4).
Subsec. (b). Pub. L. 97-22, 4(a)(4), inserted ''convened under
section 611(a) of this title'' after ''selection boards''.
Section 406(f) of Pub. L. 99-433 provided that: ''The amendments
made by section 402 (amending this section and sections 615 and 618 of
this title) shall take effect with respect to selection boards convened
under section 611(a) of title 10, United States Code, after the end of
the 120-day period beginning on the date of the enactment of this Act
(Oct. 1, 1986).''
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.
10 USC 613. Oath of members of selection boards
TITLE 10 -- ARMED FORCES
Each member of a selection board shall swear that he will perform his
duties as a member of the board without prejudice or partiality and
having in view both the special fitness of officers and the efficiency
of his armed force.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2851.)
10 USC 614. Notice of convening of selection boards
TITLE 10 -- ARMED FORCES
(a) At least 30 days before a selection board is convened under
section 611(a) of this title to recommend officers in a grade for
promotion to the next higher grade, the Secretary concerned (1) shall
notify in writing the officers eligible for consideration for promotion
of the date on which the board is to convene and the name and date of
rank of the junior officer, and of the senior officer, in the promotion
zone as of the date of the notification, or (2) shall issue a general
written notice to the armed force concerned regarding the convening of
the board which shall include the convening date of the board and the
name and date of rank of the junior officer, and of the senior officer,
in the promotion zone as of the date of the notification.
(b) An officer eligible for consideration by a selection board
convened under section 611(a) of this title may send a written
communication to the board, to arrive not later than the date the board
convenes, calling attention to any matter concerning himself that the
officer considers important to his case. The selection board shall give
consideration to any timely communication under this subsection.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2852;
amended Pub. L. 97-22, 4(b), July 10, 1981, 95 Stat. 126; Pub. L.
102-190, div. A, title V, 504(a)(2)(A), Dec. 5, 1991, 105 Stat. 1357.)
1991 -- Pub. L. 102-190 struck out ''; communications with boards''
after ''selection boards'' in section catchline.
1981 -- Subsec. (a). Pub. L. 97-22 substituted ''which shall include
the convening date of the board'' for '', the names of the officers
eligible for consideration by the board as of the date of the
notification, the convening date of the board,''.
Amendment by Pub. L. 102-190 applicable to selection boards convened
under section 611(a) of this title after end of 60-day period beginning
Dec. 5, 1991, see section 504(e) of Pub. L. 102-190, set out as a note
under section 615 of this title.
10 USC 615. Information furnished to selection boards
TITLE 10 -- ARMED FORCES
(a)(1) The Secretary of Defense shall prescribe regulations governing
information furnished to selection boards convened under section 611(a)
of this title. Those regulations shall apply uniformly among the
military departments. Any regulations prescribed by the Secretary of a
military department to supplement those regulations may not take effect
without the approval of the Secretary of Defense in writing.
(2) No information concerning a particular eligible officer may be
furnished to a selection board except for the following:
(A) Information that is in the officer's official military personnel
file and that is provided to the selection board in accordance with the
regulations prescribed by the Secretary of Defense pursuant to paragraph
(1).
(B) Other information that is determined by the Secretary of the
military department concerned, after review by that Secretary in
accordance with standards and procedures set out in the regulations
prescribed by the Secretary of Defense pursuant to paragraph (1), to be
substantiated, relevant information that could reasonably and materially
affect the deliberations of the selection board.
(C) Subject to such limitations as may be prescribed in those
regulations, information communicated to the board by the officer in
accordance with this section, section 614(b) of this title (including
any comment on information referred to in subparagraph (A) regarding
that officer), or other applicable law.
(D) A factual summary of the information described in subparagraphs
(A), (B), and (C) that, in accordance with the regulations prescribed
pursuant to paragraph (1), is prepared by administrative personnel for
the purpose of facilitating the work of the selection board.
(3) Information provided to a selection board in accordance with
paragraph (2) shall be made available to all members of the board and
shall be made a part of the record of the board. Communication of such
information shall be in a written form or in the form of an audio or
video recording. If a communication is in the form of an audio or video
recording, a written transcription of the recording shall also be made a
part of the record of the selection board.
(4) Paragraphs (2) and (3) do not apply to the furnishing of
appropriate administrative processing information to the selection board
by administrative staff designated to assist the board, but only to the
extent that oral communications are necessary to facilitate the work of
the board.
(5) Information furnished to a selection board that is described in
subparagraph (B), (C), or (D) of paragraph (2) may not be furnished to a
later selection board unless --
(A) the information has been properly placed in the official military
personnel file of the officer concerned; or
(B) the information is provided to the later selection board in
accordance with paragraph (2).
(6)(A) Before information described in paragraph (2)(B) regarding an
eligible officer is furnished to a selection board, the Secretary of the
military department concerned shall ensure --
(i) that such information is made available to such officer; and
(ii) that the officer is afforded a reasonable opportunity to submit
comments on that information to the selection board.
(B) If an officer cannot be given access to the information referred
to in subparagraph (A) because of its classification status, the officer
shall, to the maximum extent practicable, be furnished with an
appropriate summary of the information.
(b) The Secretary of the military department concerned shall furnish
each selection board convened under section 611(a) of this title with --
(1) the maximum number, as determined in accordance with section 622
of this title, of officers in each competitive category under
consideration that the board may recommend for promotion to the next
higher grade;
(2) the names of all officers in each competitive category to be
considered by the board for promotion;
(3) the pertinent records (as determined by the Secretary) of each
officer whose name is furnished to the board;
(4) information or guidelines relating to the needs of the armed
force concerned for officers having particular skills, including
guidelines or information relating to the need for either a minimum
number or a maximum number of officers with particular skills within a
competitive category;
(5) guidelines, based upon guidelines received by the Secretary from
the Secretary of Defense under subsection (c), for the purpose of
ensuring that the board gives appropriate consideration to the
performance in joint duty assignments of officers who are serving, or
have served, in such assignments; and
(6) such other information and guidelines as may be necessary to
enable the board to properly perform its functions.
(c) The Secretary of Defense, with the advice and assistance of the
Chairman of the Joint Chiefs of Staff, shall furnish to the Secretaries
of the military departments guidelines for the purpose of ensuring that
each selection board convened under section 611(a) of this title gives
appropriate consideration to the performance in joint duty assignments
of officers who are serving, or have served, in such assignments.
(d) Information or guidelines furnished to a selection board under
subsection (b) may not be modified, withdrawn, or supplemented after the
board submits the report to the Secretary of the military department
concerned pursuant to section 617(a) of this title, except that, in the
case of a report returned to a board pursuant to section 618(a)(2) of
this title for further proceedings because of a determination by the
Secretary of the military department concerned that the board acted
contrary to law, regulation, or guidelines, the Secretary may modify,
withdraw, or supplement such information or guidelines as part of a
written explanation to the board as provided in that section.
(e) The Secretary of each military department, under uniform
regulations prescribed by the Secretary of Defense, shall include in
guidelines furnished to a selection board convened under section 611(a)
of this title that is considering officers in a health-professions
competitive category for promotion to a grade below colonel or, in the
case of the Navy, captain, a direction that the board give consideration
to an officer's clinical proficiency and skill as a health professional
to at least as great an extent as the board gives to the officer's
administrative and management skills.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2852;
amended Pub. L. 99-433, title IV, 402(b), Oct. 1, 1986, 100 Stat. 1030;
Pub. L. 100-456, div. A, title V, 501(a), Sept. 29, 1988, 102 Stat.
1965; Pub. L. 101-189, div. A, title V, 519, Nov. 29, 1989, 103 Stat.
1444; Pub. L. 102-190, div. A, title V, 504(a)(1), Dec. 5, 1991, 105
Stat. 1355; Pub. L. 102-484, div. A, title X, 1052(7), Oct. 23, 1992,
106 Stat. 2499.)
1992 -- Subsec. (b)(5). Pub. L. 102-484, 1052(7)(A), substituted
''subsection (c)'' for ''subsection (b)''.
Subsec. (d). Pub. L. 102-484, 1052(7)(B), substituted ''subsection
(b)'' for ''subsection (a)''.
1991 -- Pub. L. 102-190 added subsec. (a) and redesignated former
subsecs. (a) to (d) as (b) to (e), respectively.
1989 -- Subsec. (d). Pub. L. 101-189 added subsec. (d).
1988 -- Subsec. (a)(4). Pub. L. 100-456, 501(a)(1), added cl. (4)
and struck out former cl. (4) which read as follows: ''information
relating to the needs of the armed force concerned for officers having
particular skills;''.
Subsec. (c). Pub. L. 100-456, 501(a)(2), added subsec. (c).
1986 -- Pub. L. 99-433 designated existing provisions as subsec.
(a), added par. (5), redesignated former par. (5) as (6), and added
subsec. (b).
Section 504(e) of Pub. L. 102-190 provided that: ''The amendments
made by this section (amending this section and sections 614, 616, 618,
and 619 of this title) shall apply to selection boards convened under
section 611(a) of title 10, United States Code, after the end of the
60-day period beginning on the date of the enactment of this Act (Dec.
5, 1991).''
Section 501(e) of Pub. L. 100-456 provided that: ''The amendments
made by this section (amending this section and sections 616 to 618 of
this title) shall take effect 60 days after the date of the enactment of
this Act (Sept. 29, 1988) and shall apply with respect to selection
boards convened under section 611(a) of title 10, United States Code, on
or after that effective date.''
Amendment by Pub. L. 99-433 effective with respect to selection
boards convened under section 611(a) of this title after end of 120-day
period beginning on Oct. 1, 1986, see section 406(f) of Pub. L.
99-433, set out as a note under section 612 of this title.
10 USC 616. Recommendations for promotion by selection boards
TITLE 10 -- ARMED FORCES
(a) A selection board convened under section 611(a) of this title
shall recommend for promotion to the next higher grade those officers
considered by the board whom the board, giving due consideration to the
needs of the armed force concerned for officers with particular skills
(as noted in the guidelines or information furnished the board under
section 615(b) of this title), considers best qualified for promotion
within each competitive category considered by the board.
(b) The Secretary of the military department concerned shall
establish the number of officers such a selection board may recommend
for promotion from among officers being considered from below the
promotion zone in any competitive category. Such number may not exceed
the number equal to 10 percent of the maximum number of officers that
the board is authorized to recommend for promotion in such competitive
category, except that the Secretary of Defense may authorize a greater
number, not to exceed 15 percent of the total number of officers that
the board is authorized to recommend for promotion, if the Secretary of
Defense determines that the needs of the service so require. If the
number determined under this subsection is less than one, the board may
recommend one such officer. The number of officers recommended for
promotion from below the promotion zone does not increase the maximum
number of officers which the board is authorized under section 615 of
this title to recommend for promotion.
(c) A selection board convened under section 611(a) of this title may
not recommend an officer for promotion unless --
(1) the officer receives the recommendation of a majority of the
members of the board; and
(2) a majority of the members of the board finds that the officer is
fully qualified for promotion.
(d) Except as otherwise provided by law, an officer on the
active-duty list may not be promoted to a higher grade under this
chapter unless he is considered and recommended for promotion to that
grade by a selection board convened under this chapter.
(e) The recommendations of a selection board may be disclosed only in
accordance with regulations prescribed by the Secretary of Defense.
Those recommendations may not be disclosed to a person not a member of
the board (or a member of the administrative staff designated by the
Secretary concerned to assist the board) until the written report of the
recommendations of the board, required by section 617 of this title, is
signed by each member of the board.
(f) The Secretary convening a selection board under section 611(a) of
this title, and an officer or other official exercising authority over
any member of a selection board, may not --
(1) censure, reprimand, or admonish the selection board or any member
of the board with respect to the recommendations of the board or the
exercise of any lawful function within the authorized discretion of the
board; or
(2) attempt to coerce or, by any unauthorized means, influence any
action of a selection board or any member of a selection board in the
formulation of the board's recommendations.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2852;
amended Pub. L. 100-456, div. A, title V, 501(b), Sept. 29, 1988, 102
Stat. 1966; Pub. L. 102-190, div. A, title V, 504(b), Dec. 5, 1991,
105 Stat. 1357; Pub. L. 102-484, div. A, title X, 1052(8), Oct. 23,
1992, 106 Stat. 2499.)
1992 -- Pub. L. 102-484 substituted ''section 615(b)'' for ''section
615(a)''.
1991 -- Subsecs. (e), (f). Pub. L. 102-190 added subsecs. (e) and
(f).
1988 -- Subsec. (a). Pub. L. 100-456 inserted ''(as noted in the
guidelines or information furnished the board under section 615(a) of
this title)'' after ''particular skills''.
Amendment by Pub. L. 102-190 applicable to selection boards convened
under section 611(a) of this title after end of 60-day period beginning
Dec. 5, 1991, see section 504(e) of Pub. L. 102-190, set out as a note
under section 615 of this title.
Amendment by Pub. L. 100-456 effective 60 days after Sept. 29,
1988, and applicable with respect to selection boards convened under
section 611(a) of this title on or after that effective date, see
section 501(e) of Pub. L. 100-456, set out as a note under section 615
of this title.
10 USC 617. Reports of selection boards
TITLE 10 -- ARMED FORCES
(a) Each selection board convened under section 611(a) of this title
shall submit to the Secretary of the military department concerned a
written report, signed by each member of the board, containing a list of
the names of the officers it recommends for promotion and certifying (1)
that the board has carefully considered the record of each officer whose
name was furnished to it under section 615 of this title, and (2) that,
in the opinion of a majority of the members of the board, the officers
recommended for promotion by the board are best qualified for promotion
to meet the needs of the armed force concerned (as noted in the
guidelines or information furnished the board under section 615(b) of
this title) among those officers whose names were furnished to the
selection board.
(b) A selection board convened under section 611(a) of this title
shall include in its report to the Secretary concerned the name of any
regular officer before it for consideration for promotion whose record,
in the opinion of a majority of the members of the board, indicates that
the officer should be required under chapter 60 of this title to show
cause for his retention on active duty.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2853;
amended Pub. L. 100-456, div. A, title V, 501(c), Sept. 29, 1988, 102
Stat. 1966; Pub. L. 102-484, div. A, title X, 1052(8), Oct. 23, 1992,
106 Stat. 2499.)
1992 -- Subsec. (a). Pub. L. 102-484 substituted ''section 615(b)''
for ''section 615(a)''.
1988 -- Subsec. (a)(2). Pub. L. 100-456 inserted ''(as noted in the
guidelines or information furnished the board under section 615(a) of
this title)'' after ''concerned''.
Amendment by Pub. L. 100-456 effective 60 days after Sept. 29,
1988, and applicable with respect to selection boards convened under
section 611(a) of this title on or after that effective date, see
section 501(e) of Pub. L. 100-456, set out as a note under section 615
of this title.
10 USC 618. Action on reports of selection boards
TITLE 10 -- ARMED FORCES
(a)(1) Upon receipt of the report of a selection board submitted to
him under section 617(a) of this title, the Secretary of the military
department concerned shall review the report to determine whether the
board has acted contrary to law or regulation or to guidelines furnished
the board under section 615(b) of this title. Following such review,
unless the Secretary concerned makes a determination as described in
paragraph (2), the Secretary shall submit the report as required by
subsection (b) or (c), as appropriate.
(2) If, on the basis of a review of the report under paragraph (1),
the Secretary of the military department concerned determines that the
board acted contrary to law or regulation or to guidelines furnished the
board under section 615(b) of this title, the Secretary shall return the
report, together with a written explanation of the basis for such
determination, to the board for further proceedings. Upon receipt of a
report returned by the Secretary concerned under this paragraph, the
selection board (or a subsequent selection board convened under section
611(a) of this title for the same grade and competitive category) shall
conduct such proceedings as may be necessary in order to revise the
report to be consistent with law, regulation, and such guidelines and
shall resubmit the report, as revised, to the Secretary in accordance
with section 617 of this title.
(b)(1) After completing the requirements of subsection (a), the
Secretary concerned, in the case of the report of a selection board that
considered officers who are serving, or have served, in joint duty
assignments, shall submit the report to the Chairman of the Joint Chiefs
of Staff.
(2) The Chairman, in accordance with guidelines furnished to the
Chairman by the Secretary of Defense, shall review the report for the
purpose of determining if --
(A) the selection board acted consistent with the guidelines of the
Secretary of Defense under section 615(c) of this title to ensure that
selection boards give appropriate consideration to the performance in
joint duty assignments of officers who are serving, or have served, in
such assignments; and
(B) the selection board otherwise gave appropriate consideration to
the performance in joint duty assignments of officers who are serving,
or have served, in such assignments.
(3) After reviewing the report, the Chairman shall return the report,
with his determinations and comments, to the Secretary concerned.
(4) If the Chairman determines that the board acted contrary to the
guidelines of the Secretary of Defense under section 615(c) of this
title or otherwise failed to give appropriate consideration to the
performance of officers in joint duty assignments, the Secretary
concerned may --
(A) return the report, together with the Chairman's determinations
and comments, to the selection board (or a subsequent selection board
convened under section 611(a) of this title for the same grade and
competitive category) for further proceedings in accordance with
subsection (a);
(B) convene a special selection board in the manner provided for
under section 628 of this title; or
(C) take other appropriate action to satisfy the concerns of the
Chairman.
(5) If, after completion of all actions taken under paragraph (4),
the Secretary concerned and the Chairman remain in disagreement with
respect to the report of a selection board, the Secretary concerned
shall indicate such disagreement, and the reasons for such disagreement,
as part of his transmittal of the report of the selection board to the
Secretary of Defense under subsection (c). Such transmittal shall
include any comments submitted by the Chairman.
(c)(1) After his final review of the report of a selection board, the
Secretary concerned shall submit the report, with his recommendations
thereon, to the Secretary of Defense for transmittal to the President
for his approval or disapproval. The Secretary of Defense shall, before
transmitting the report of a selection board to the President, take
appropriate action to resolve any disagreement between the Secretary
concerned and the Chairman transmitted to him under subsection (b)(5).
If the authority of the President under this paragraph to approve or
disapprove the report of a selection board is delegated to the Secretary
of Defense, it may not be redelegated except to an official in the
Office of the Secretary of Defense.
(2) If the report of a selection board names an officer as having a
record which indicates that the officer should be required to show cause
for his retention on active duty, the Secretary concerned may provide
for the review of the record of that officer as provided for under
regulations prescribed under section 1181 of this title.
(d) The name of an officer recommended for promotion by a selection
board may be removed from the report of the selection board only by the
President.
(e) Upon approval by the President of the report of a selection
board, the names of the officers recommended for promotion by the
selection board (other than any name removed by the President) may be
disseminated to the armed force concerned. If such names have not been
sooner disseminated, such names (other than the name of any officer
whose promotion the Senate failed to confirm) shall be promptly
disseminated to the armed force concerned upon confirmation by the
Senate.
(f) Except as authorized or required by this section, proceedings of
a selection board convened under section 611(a) of this title may not be
disclosed to any person not a member of the board.
(g) If the Secretary of a military department or the Secretary of
Defense makes a recommendation under this section that the name of an
officer be removed from a report of a selection board and the
recommendation is accompanied by information that was not presented to
that selection board, that information shall be made available to that
officer. The officer shall then be afforded a reasonable opportunity to
submit comments on that information to the officials making the
recommendation and the officials reviewing the recommendation. If an
eligible officer cannot be given access to such information because of
its classification status, the officer shall, to the maximum extent
practicable, be provided with an appropriate summary of the information.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2853;
amended Pub. L. 98-525, title V, 524(a), Oct. 19, 1984, 98 Stat. 2524;
Pub. L. 99-433, title IV, 402(c), Oct. 1, 1986, 100 Stat. 1030; Pub.
L. 100-456, div. A, title V, 501(d), Sept. 29, 1988, 102 Stat. 1966;
Pub. L. 102-190, div. A, title V, 504(c), Dec. 5, 1991, 105 Stat.
1357; Pub. L. 102-484, div. A, title X, 1052(8), (9), Oct. 23, 1992,
106 Stat. 2499.)
1992 -- Subsec. (a)(1), (2). Pub. L. 102-484, 1052(8), substituted
''section 615(b)'' for ''section 615(a)''.
Subsec. (b)(2)(A), (4). Pub. L. 102-484, 1052(9), substituted
''section 615(c)'' for ''section 615(b)''.
1991 -- Subsec. (g). Pub. L. 102-190 added subsec. (g).
1988 -- Subsec. (a). Pub. L. 100-456, 501(d)(1), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ''If,
after reviewing the report of a selection board submitted to him under
section 617(a) of this title, the Secretary of the military department
concerned determines that the board has acted contrary to law or
regulation, the Secretary shall return the report to the board for
further proceedings. Upon receipt of a report returned by the Secretary
concerned under this subsection, the selection board (or a subsequent
selection board convened under section 611(a) of this title for the same
grade and competitive category) shall conduct such proceedings as may be
necessary in order to revise the report and shall resubmit the report,
as revised, to the Secretary in accordance with section 617 of this
title.''
Subsec. (c)(1). Pub. L. 100-456, 501(d)(2), struck out '',
modification,'' after ''for his approval'' and inserted at end ''If the
authority of the President under this paragraph to approve or disapprove
the report of a selection board is delegated to the Secretary of
Defense, it may not be redelegated except to an official in the Office
of the Secretary of Defense.''
1986 -- Subsec. (b). Pub. L. 99-433, 402(c)(1), (2), added subsec.
(b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 99-433, 402(c)(1), (3), redesignated subsec.
(b) as (c) and in par. (1) inserted provisions directing the Secretary
of Defense, before transmitting the report, to take appropriate action
to resolve any disagreement between the Secretary concerned and the
Chairman. Former subsec. (c) redesignated (d).
Subsecs. (d) to (f). Pub. L. 99-433, 402(c)(1), redesignated
subsecs. (c) to (e) as (d) to (f), respectively.
1984 -- Subsec. (b)(2). Pub. L. 98-525 substituted ''If the report
of a selection board names an officer as having a record which indicates
that the officer should be required to show cause for his retention on
active duty, the Secretary concerned may provide for the review of the
record of that officer as provided for under regulations prescribed
under section 1181 of this title'' for ''The Secretary concerned may
submit to a board of officers convened under section 1181 of this title
the name of any officer who is named in the report of a selection board
as having a record which indicates that the officer should be required
to show cause for his retention on active duty''.
Amendment by Pub. L. 102-190 applicable to selection boards convened
under section 611(a) of this title after end of 60-day period beginning
Dec. 5, 1991, see section 504(e) of Pub. L. 102-190, set out as a note
under section 615 of this title.
Amendment by Pub. L. 100-456 effective 60 days after Sept. 29,
1988, and applicable with respect to selection boards convened under
section 611(a) of this title on or after that effective date, see
section 501(e) of Pub. L. 100-456, set out as a note under section 615
of this title.
Amendment by Pub. L. 99-433 effective with respect to selection
boards convened under section 611(a) of this title after end of 120-day
period beginning on Oct. 1, 1986, see section 406(f) of Pub. L.
99-433, set out as a note under section 612 of this title.
Functions of President under subsec. (b)(1) to approve, modify, or
disapprove report of a selection board delegated to Secretary of Defense
to perform, without approval, ratification, or other action by
President, and with authority for Secretary to redelegate, see Ex. Ord.
No. 12396, 1(a), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a
note under section 301 of Title 3, The President.
Nothing in section 1 of Ex. Ord. No. 12396 deemed to delegate
authority vested in President by subsec. (c) of this section to remove
a name from a selection board report, see section 1(g) of Ex. Ord. No.
12396.
10 USC SUBCHAPTER II -- PROMOTIONS
TITLE 10 -- ARMED FORCES
Sec.
619. Eligibility for consideration for promotion.
620. Active-duty lists.
621. Competitive categories for promotion.
622. Numbers to be recommended for promotion.
623. Establishment of promotion zones.
624. Promotions: how made.
625. Authority to vacate promotions to grades of brigadier general
and rear admiral (lower half).
626. Acceptance of promotions; oath of office.
1985 -- Pub. L. 99-145, title V, 514(b)(4)(B), Nov. 8, 1985, 99
Stat. 628, substituted ''rear admiral (lower half)'' for ''commodore''
in item 625.
1981 -- Pub. L. 97-86, title IV, 405(b)(4)(B), Dec. 1, 1981, 95
Stat. 1106, substituted ''commodore'' for ''commodore admiral'' in item
625.
10 USC 619. Eligibility for consideration for promotion
TITLE 10 -- ARMED FORCES
(a)(1) An officer who is on the active-duty list of the Army, Air
Force, or Marine Corps and holds a permanent appointment in the grade of
second lieutenant or first lieutenant or is on the active-duty list of
the Navy and holds a permanent appointment in the grade of ensign or
lieutenant (junior grade) may not be promoted to the next higher
permanent grade until he has completed the following period of service
in the grade in which he holds a permanent appointment:
(A) Eighteen months, in the case of an officer holding a permanent
appointment in the grade of second lieutenant or ensign.
(B) Two years, in the case of an officer holding a permanent
appointment in the grade of first lieutenant or lieutenant (junior
grade).
(2) Subject to paragraph (4), an officer who is on the active-duty
list of the Army, Air Force, or Marine Corps and holds a permanent
appointment in a grade above first lieutenant or is on the active-duty
list of the Navy and holds a permanent appointment in a grade above
lieutenant (junior grade) may not be considered for selection for
promotion to the next higher permanent grade until he has completed the
following period of service in the grade in which he holds a permanent
appointment:
(A) Three years, in the case of an officer of the Army, Air Force, or
Marine Corps holding a permanent appointment in the grade of captain,
major, or lieutenant colonel or of an officer of the Navy holding a
permanent appointment in the grade of lieutenant, lieutenant commander,
or commander.
(B) One year, in the case of an officer of the Army, Air Force, or
Marine Corps holding a permanent appointment in the grade of colonel or
brigadier general or of an officer of the Navy holding a permanent
appointment in the grade of captain or rear admiral (lower half).
(3) When the needs of the service require, the Secretary of the
military department concerned may prescribe a longer period of service
in grade for eligibility for promotion, in the case of officers to whom
paragraph (1) applies, or for eligibility for consideration for
promotion, in the case of officers to whom paragraph (2) applies.
(4) The Secretary of the military department concerned may waive
paragraph (2) to the extent necessary to assure that officers described
in clause (A) of such paragraph have at least two opportunities for
consideration for promotion to the next higher grade as officers below
the promotion zone.
(5) In computing service in grade for purposes of this section,
service in a grade held as a result of assignment to a position is
counted as service in the grade in which the officer would have served
except for such assignment or appointment.
(b)(1) Except as provided in paragraph (2), an officer who has failed
of selection for promotion to the next higher grade remains eligible for
consideration for promotion to that grade as long as he continues on
active duty in other than a retired status and is not promoted.
(2) Paragraph (1) does not apply to a regular officer who is
ineligible for consideration for promotion under section 631(c) of this
title or to a reserve officer who has failed of selection for promotion
to the grade of captain or, in the case of an officer of the Navy,
lieutenant for the second time.
(c)(1) Each time a selection board is convened under section 611(a)
of this title for consideration of officers in a competitive category
for promotion to the next higher grade, each officer in the promotion
zone (except as provided under paragraph (2)), and each officer above
the promotion zone, for the grade and competitive category under
consideration shall be considered for promotion.
(2) The Secretary of the military department concerned --
(A) may, in accordance with standards and procedures prescribed by
the Secretary of Defense in regulations which shall apply uniformly
among the military departments, limit the officers to be considered by a
selection board from below the promotion zone to those officers who are
determined to be exceptionally well qualified for promotion;
(B) may, by regulation, prescribe a period of time, not to exceed one
year, from the time an officer is placed on the active-duty list during
which the officer shall be ineligible for consideration for promotion;
and
(C) may, by regulation, preclude from consideration by a selection
board by which he would otherwise be eligible to be considered, an
officer who has an established separation date that is within 90 days
after the date the board is convened.
(3)(A) The Secretary of Defense may authorize the Secretaries of the
military departments to preclude from consideration by selection boards
for promotion to the grade of brigadier general or rear admiral (lower
half) officers in the grade of colonel or, in the case of the Navy,
captain who --
(i) have been considered and not selected for promotion to the grade
of brigadier general or rear admiral (lower half) by at least two
selection boards; and
(ii) are determined, in accordance with standards and procedures
prescribed pursuant to subparagraph (B), as not being exceptionally well
qualified for promotion.
(B) If the Secretary of Defense authorizes the Secretaries of the
military departments to have the authority described in subparagraph
(A), the Secretary shall prescribe by regulation the standards and
procedures for the exercise of such authority. Those regulations shall
apply uniformly among the military departments and shall include the
following provisions:
(i) A requirement that the Secretary of a military department may
exercise such authority in the case of a particular selection board only
if the Secretary of Defense approves the exercise of that authority for
that board.
(ii) A requirement that an officer may be precluded from
consideration by a selection board under this paragraph only upon the
recommendation of a preselection board of officers convened by the
Secretary of the military department concerned and composed of at least
three officers all of whom are serving in a grade higher than the grade
of such officer.
(iii) A requirement that such a preselection board may not recommend
that an officer be precluded from such consideration unless the
Secretary concerned has given the officer advance written notice of the
convening of such board and of the military records that will be
considered by the board and has given the officer a reasonable period
before the convening of the board in which to submit comments to the
board.
(iv) A requirement that the Secretary convening such a preselection
board shall provide general guidance to the board in accordance with
standards and procedures prescribed by the Secretary of Defense in those
regulations.
(v) A requirement that the preselection board may recommend that an
officer be precluded from consideration by a selection board only on the
basis of the general guidance provided by the Secretary of the military
department concerned, information in the officer's official military
personnel records that has been described in the notice provided the
officer as required pursuant to clause (iii), and any communication to
the board received from that officer before the board convenes.
(d) A selection board convened under section 611(a) of this title may
not consider for promotion to the next higher grade --
(1) an officer whose name is on a promotion list for that grade as a
result of his selection for promotion to that grade by an earlier
selection board convened under that section; or
(2) an officer of the Marine Corps who is an officer designated for
limited duty and who holds a grade above major.
(e)(1) An officer may not be appointed to the grade of brigadier
general or rear admiral (lower half) unless the officer has completed a
full tour of duty in a joint duty assignment (as described in section
664(f) of this title). Before January 1, 1994, an officer of the Navy
designated as a qualified nuclear propulsion officer may be appointed to
the grade of rear admiral (lower half) without regard to the preceding
sentence, but an officer so appointed may not be appointed to the grade
of rear admiral until the officer completes a full tour of duty in a
joint duty assignment.
(2) Subject to paragraph (3), the Secretary of Defense may waive
paragraph (1) --
(A) when necessary for the good of the service;
(B) in the case of an officer whose proposed selection for promotion
is based primarily upon scientific and technical qualifications for
which joint requirements do not exist;
(C) in the case of a medical officer, dental officer, veterinary
officer, medical service officer, nurse, biomedical science officer,
chaplain, or judge advocate;
(D) in the case of an officer who served in a joint duty assignment
that began before January 1, 1987, if the officer served in that
assignment for a period of sufficient duration (which may not be less
than 12 months) for his service to have been considered a full tour of
duty under the policies and regulations in effect on September 30, 1986;
and
(E) until January 1, 1994, in the case of an officer who --
(i) served in an assignment (other than a joint duty assignment) that
began before October 1, 1986, and that involved significant experience
in joint matters (as determined by the Secretary) if the officer served
in that assignment for a period of sufficient duration (which may not be
less than 12 months) for his service to have been considered a full tour
of duty under the policies and regulations in effect on September 30,
1986; or
(ii) served in a joint duty assignment for not less than two years
during which the officer is selected for promotion to the grade of
brigadier general or rear admiral (lower half).
(3)(A) A waiver may be granted under paragraph (2) only on a
case-by-case basis in the case of an individual officer.
(B) In the case of a waiver under paragraph (2)(A), the Secretary
shall provide that the first duty assignment as a general or flag
officer of an officer for whom the waiver is granted shall be in a joint
duty assignment.
(C) The authority of the Secretary of Defense to grant a waiver under
paragraph (2) (other than under subparagraph (A) of that paragraph) may
only be delegated to the Deputy Secretary of Defense, an Under Secretary
of Defense, or an Assistant Secretary of Defense.
(4) The Secretary of Defense shall prescribe regulations to carry out
this subsection. Such regulations shall specifically identify those
categories of officers for which selection for promotion to brigadier
general or, in the case of the Navy, rear admiral (lower half) is based
primarily upon scientific and technical qualifications for which joint
requirements do not exist.
(5) Not later than March 1 of each year from 1989 through 1994, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the implementation
during the preceding calendar year of the transition plan developed by
the Secretary pursuant to section 1305(b) of Public Law 100-180 (101
Stat. 1173) with respect to service by qualified nuclear propulsion
officers in joint duty assignments.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2854;
amended Pub. L. 97-22, 4(c), July 10, 1981, 95 Stat. 126; Pub. L.
97-86, title IV, 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L.
98-525, title V, 525(a), (b), 529(a), Oct. 19, 1984, 98 Stat. 2524,
2525, 2526; Pub. L. 99-145, title V, 514(b)(1), Nov. 8, 1985, 99 Stat.
628; Pub. L. 99-433, title IV, 404, Oct. 1, 1986, 100 Stat. 1032;
Pub. L. 100-180, div. A, title XIII, 1305(a), 1314(b)(4), Dec. 4,
1987, 101 Stat. 1173, 1175; Pub. L. 100-456, div. A, title V,
515(a)(1), (b), Sept. 29, 1988, 102 Stat. 1970; Pub. L. 102-190, div.
A, title V, 504(d), Dec. 5, 1991, 105 Stat. 1357.)
Section 1305(b) of Public Law 100-180 (101 Stat. 1173), referred to
in subsec. (e)(5), is set out below.
1991 -- Subsec. (c)(2). Pub. L. 102-190, 504(d)(1), added subpar.
(A), redesignated subpars. (C) and (D) as (B) and (C) respectively, and
struck out former subpars. (A) and (B) which read as follows:
''(A) may, by regulation, prescribe procedures to limit the officers
to be considered by a selection board --
''(i) from below the promotion zone; or
''(ii) in the case of a selection board to recommend officers for
promotion to the grade of brigadier general or rear admiral (lower
half),
to those officers who are determined to be exceptionally well
qualified for promotion;
''(B) may, by regulation, prescribe criteria for determining which
officers below the promotion zone or in the grades of colonel and, in
the case of officers of the Navy, captain are exceptionally well
qualified for promotion for the purposes of clause (A);''.
Subsec. (c)(3). Pub. L. 102-190, 504(d)(2), added par. (3).
1988 -- Subsec. (e)(1). Pub. L. 100-456, 515(a)(1)(A), substituted
''January 1, 1994'' for ''January 1, 1992'' in second sentence.
Subsec. (e)(2)(D), (E). Pub. L. 100-456, 515(b)(1), added subpars.
(D) and (E) and struck out former subpar. (D) which read as follows:
''until January 1, 1992, in the case of an officer who served before
October 1, 1986, in an assignment (other than a joint duty assignment)
that involved significant experience in joint matters (as determined by
the Secretary).''
Subsec. (e)(3)(C). Pub. L. 100-456, 515(b)(2), substituted
''paragraph (2) (other than under subparagraph (A) of that paragraph)''
for ''paragraph (2)(B), (2)(C), or (2)(D)''.
Subsec. (e)(5). Pub. L. 100-456, 515(a)(1)(B), added par. (5).
1987 -- Subsec. (e)(1). Pub. L. 100-180, 1305(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''An officer
may not be selected for promotion to the grade of brigadier general or
rear admiral (lower half) unless the officer has served in a joint duty
assignment.''
Subsec. (e)(2)(D). Pub. L. 100-180, 1314(b)(4), substituted
''October 1, 1986,'' for ''the date of the enactment of this
subsection''.
1986 -- Subsec. (e). Pub. L. 99-433 added subsec. (e).
1985 -- Subsecs. (a)(2)(B), (c)(2)(A)(ii). Pub. L. 99-145
substituted ''rear admiral (lower half)'' for ''commodore''.
1984 -- Subsec. (b). Pub. L. 98-525, 525(a), designated existing
provisions as par. (1), substituted ''Except as provided in paragraph
(2), an officer'' for ''An officer'', and added par. (2).
Subsec. (c)(2)(D). Pub. L. 98-525, 525(b), added subpar. (D).
Subsec. (d)(2). Pub. L. 98-525, 529(a), struck out ''Navy or''
before ''Marine Corps'' and struck out ''lieutenant commander or''
before ''major''.
1981 -- Subsec. (a)(2)(B). Pub. L. 97-86 substituted ''commodore''
for ''commodore admiral''.
Subsec. (c)(2)(A). Pub. L. 97-22, 4(c)(1), struck out ''and'' after
''promotion;''.
Subsec. (c)(2)(A)(ii). Pub. L. 97-86 substituted ''commodore'' for
''commodore admiral''.
Subsec. (c)(2)(B). Pub. L. 97-22, 4(c)(2), substituted ''for the
purposes of clause (A); and'' for the period at end of cl. (B).
Subsec. (c)(2)(C). Pub. L. 97-22, 4(c)(3), added cl. (C).
Amendment by Pub. L. 102-190 applicable to selection boards convened
under section 611(a) of this title after end of 60-day period beginning
Dec. 5, 1991, see section 504(e) of Pub. L. 102-190, set out as a note
under section 615 of this title.
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.
Subchapter effective Sept. 15, 1981, but the authority to prescribe
regulations under this subchapter 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.
Section 515(a)(3) of Pub. L. 100-456 provided that: ''The Secretary
of Defense, after consultation with the Chairman of the Joint Chiefs of
Staff, shall revise the transition plan developed pursuant to section
1305(b) of Public Law 100-180 (set out below) to take account of the
amendments made by paragraphs (1) and (2) (amending this section and
provisions set out below). The Secretary shall include with the first
report of the Secretary under section 619(e)(5) of title 10, United
States Code, as added by paragraph (1)(B), a report on the actions of
the Secretary in revising such transition plan.''
Section 1305(b)-(d) of Pub. L. 100-180, as amended by Pub. L.
100-456, div. A, title V, 515(a)(2), Sept. 29, 1988, 102 Stat. 1970,
provided that:
''(b) Transition Plan. -- (1) The Secretary of Defense, after
consultation with the Chairman of the Joint Chiefs of Staff, shall
develop and carry out a plan for ensuring that --
''(A) during the period before January 1, 1994, the maximum
practicable number of officers of the Navy who are qualified nuclear
propulsion officers serve in joint duty assignments and otherwise
fulfill the provisions of chapter 38 of title 10, United States Code;
and
''(B) by January 1, 1994, the maximum practicable number of qualified
nuclear populsion (sic) officers in the grade of captain have qualified
for appointment to the grade of rear admiral (lower half) by completing
a full tour of duty in a joint duty assignment.
''(2) The plan shall include milestones for each calendar year
beginning with 1989 requiring that a progressively greater proportion of
qualified nuclear propulsion officers fulfill the various requirements
of chapter 38 of title 10, United States Code, and other provisions of
law enacted by title IV of the Goldwater-Nichols Department of Defense
Reorganization Act of 1986 (Public Law 99-433) (sections 401-406 of Pub.
L. 99-433, see Tables for classification) so that after January 1, 1994,
the nuclear propulsion community will be capable of complying with the
requirements of that chapter without undue reliance on waivers granted
by the Secretary of Defense.
''(c) Implementation. -- The plan required to be developed under
subsection (b) shall be implemented at the earliest practicable date,
but in no event later than six months after the date of enactment of
this Act (Dec. 4, 1987). The Chairman of the Joint Chiefs of Staff
shall monitor the implementation of such plan.
''(d) Report. -- On the date on which the plan required to be
developed under subsection (b) is implemented, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and House
of Representatives --
''(1) a copy of the plan; and
''(2) a report explaining how the plan fulfills the objectives
prescribed in subsection (b).''
For provisions to prevent extinction or premature termination of
rights, duties, penalties, or proceedings that existed or were begun
prior to the effective date of Pub. L. 96-513 and otherwise to allow
for an orderly transition to the system of officer personnel management
put in place under Pub. L. 96-513, see section 601 et seq. of Pub. L.
96-513, set out as a note under section 611 of this title.
10 USC 620. Active-duty lists
TITLE 10 -- ARMED FORCES
(a) The Secretary of the military department concerned shall maintain
a single list of all officers (other than officers described in section
641 of this title) who are on active duty for each armed force under his
jurisdiction (other than the Coast Guard when it is operating as a
service in the Navy).
(b) Officers shall be carried on the active-duty list of the armed
force of which they are members in the order of seniority of the grade
in which they are serving on active duty. Officers serving in the same
grade shall be carried in the order of their rank in that grade.
(c) An officer whose position on the active-duty list results from
service under a temporary appointment or in a grade held by reason of
assignment to a position has, when that appointment or assignment ends,
the grade and position on the active-duty list that he would have held
if he had not received that appointment or assignment.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2855.)
Regulations prescribed under this section applicable to establishment
of initial active-duty lists, see section 621(a) of Pub. L. 96-513, set
out as a note under section 611 of this title.
10 USC 621. Competitive categories for promotion
TITLE 10 -- ARMED FORCES
Under regulations prescribed by the Secretary of Defense, the
Secretary of each military department shall establish competitive
categories for promotion. Each officer whose name appears on an
active-duty list shall be carried in a competitive category of officers.
Officers in the same competitive category shall compete among
themselves for promotion.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2856.)
10 USC 622. Numbers to be recommended for promotion
TITLE 10 -- ARMED FORCES
Before convening a selection board under section 611(a) of this title
for any grade and competitive category, the Secretary of the military
department concerned, under regulations prescribed by the Secretary of
Defense, shall determine (1) the number of positions needed to
accomplish mission objectives which require officers of such competitive
category in the grade to which the board will recommend officers for
promotion, (2) the estimated number of officers needed to fill vacancies
in such positions during the period in which it is anticipated that
officers selected for promotion will be promoted, and (3) the number of
officers authorized by the Secretary of the military department
concerned to serve on active duty in the grade and competitive category
under consideration. Based on such determinations, the Secretary of the
military department concerned shall determine the maximum number of
officers in such competitive category which the selection board may
recommend for promotion.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2856.)
10 USC 623. Establishment of promotion zones
TITLE 10 -- ARMED FORCES
(a) Before convening a selection board under section 611(a) of this
title to consider officers for promotion to any grade above first
lieutenant or lieutenant (junior grade), the Secretary of the military
department concerned shall establish a promotion zone for officers
serving in each grade and competitive category to be considered by the
board.
(b) The secretary concerned shall determine the number of officers in
the promotion zone for officers serving in any grade and competitive
category from among officers who are eligible for promotion in that
grade and competitive category. Such determination shall be made on the
basis of an estimate of --
(1) the number of officers needed in that competitive category in the
next higher grade in each of the next five years;
(2) the number of officers to be serving in that competitive category
in the next higher grade in each of the next five years;
(3) in the case of a promotion zone for officers to be promoted to a
grade to which section 523 of this title is applicable, the number of
officers authorized for such grade under such section to be on active
duty on the last day of each of the next five fiscal years; and
(4) the number of officers that should be placed in that promotion
zone in each of the next five years to provide to officers in those
years relatively similar opportunity for promotion.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2856.)
10 USC 624. Promotions: how made
TITLE 10 -- ARMED FORCES
(a)(1) When the report of a selection board convened under section
611(a) of this title is approved by the President, the Secretary of the
military department concerned shall place the names of all officers
approved for promotion within a competitive category on a single list
for that competitive category, to be known as a promotion list, in the
order of the seniority of such officers on the active-duty list.
(2) Except as provided in subsection (d), officers on a promotion
list for a competitive category shall be promoted to the next higher
grade when additional officers in that grade and competitive category
are needed. Promotions shall be made in the order in which the names of
officers appear on the promotion list and after officers previously
selected for promotion in that competitive category have been promoted.
Officers to be promoted to the grade of first lieutenant or lieutenant
(junior grade) shall be promoted in accordance with regulations
prescribed by the Secretary concerned.
(b)(1) A regular officer who is promoted under this section is
appointed in the regular grade to which promoted and a reserve officer
who is promoted under this section is appointed in the reserve grade to
which promoted.
(2) The date of rank of an officer appointed to a higher grade under
this section is determined under section 741(d) of this title.
(c) Appointments under this section shall be made by the President,
by and with the advice and consent of the Senate, except that
appointments under this section in the grade of first lieutenant or
captain or lieutenant (junior grade) or lieutenant shall be made by the
President alone.
(d)(1) Under regulations prescribed by the Secretary concerned, the
appointment of an officer under this section may be delayed if --
(A) sworn charges against the officer have been received by an
officer exercising general court-martial jurisdiction over the officer
and such charges have not been disposed of;
(B) an investigation is being conducted to determine whether
disciplinary action of any kind should be brought against the officer;
(C) a board of officers has been convened under chapter 60 of this
title to review the record of the officer; or
(D) a criminal proceeding in a Federal or State court is pending
against the officer.
If no disciplinary action is taken against the officer, if the
charges against the officer are withdrawn or dismissed, if the officer
is not ordered removed from active duty by the Secretary concerned under
chapter 60 of this title, or if the officer is acquitted of the charges
brought against him, as the case may be, then unless action to delay an
appointment has also been taken under subsection (d)(2) the officer
shall be retained on the promotion list and shall, upon promotion to the
next higher grade, have the same date of rank, the same effective date
for the pay and allowances of the grade to which promoted, and the same
position on the active-duty list as he would have had if no delay had
intervened, unless the Secretary concerned determines that the officer
was unqualified for promotion for any part of the delay. If the
Secretary makes such a determination, the Secretary may adjust such date
of rank, effective date of pay and allowances, and position on the
active-duty list as the Secretary considers appropriate under the
circumstances.
(2) Under regulations prescribed by the Secretary concerned, the
appointment of an officer under this section may also be delayed in any
case in which there is cause to believe that the officer is mentally,
physically, morally, or professionally unqualified to perform the duties
of the grade for which he was selected for promotion. If the Secretary
concerned later determines that the officer is qualified for promotion
to such grade, the officer shall, upon such promotion, have the same
date of rank, the same effective date for pay and allowances in the
higher grade to which appointed, and the same position on the
active-duty list as he would have had if no delay had intervened, unless
the Secretary concerned determines that the officer was unqualified for
promotion for any part of the delay. If the Secretary makes such a
determination, the Secretary may adjust such date of rank, effective
date of pay and allowances, and position on the active-duty list as the
Secretary considers appropriate under the circumstances.
(3) The appointment of an officer may not be delayed under this
subsection unless the officer has been given written notice of the
grounds for the delay, unless it is impracticable to give such written
notice before the effective date of the appointment, in which case such
written notice shall be given as soon as practicable. An officer whose
promotion has been delayed under this subsection shall be afforded an
opportunity to make a written statement to the Secretary concerned in
response to the action taken. Any such statement shall be given careful
consideration by the Secretary.
(4) An appointment of an officer may not be delayed under this
subsection for more than six months after the date on which the officer
would otherwise have been appointed unless the Secretary concerned
specifies a further period of delay. An officer's appointment may not
be delayed more than 90 days after final action has been taken in any
criminal case against such officer in a Federal or State court, more
than 90 days after final action has been taken in any court-martial case
against such officer, or more than 18 months after the date on which
such officer would otherwise have been appointed, whichever is later.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2857;
amended Pub. L. 97-22, 4(d), July 10, 1981, 95 Stat. 126; Pub. L.
97-295, 1(8), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 98-525, title V,
526, Oct. 19, 1984, 98 Stat. 2525.)
1984 -- Subsec. (d)(1), (2). Pub. L. 98-525 inserted provision for
a determination by the Secretary concerned that the officer was
unqualified for promotion for any part of the delay in the officer's
promotion, with the inserted provision that if the Secretary made such a
determination, the Secretary could adjust such date of rank, effective
date of pay and allowances, and position on the active-duty list as the
Secretary considered appropriate under the circumstances.
1982 -- Subsec. (d)(4). Pub. L. 97-295 substituted ''this
subsection'' for ''the subsection''.
1981 -- Subsec. (a)(1). Pub. L. 97-22, 4(d)(1)(A), struck out ''or
in the case of officers selected for promotion to the grade of first
lieutenant or lieutenant (junior grade), when a list of officers
selected for promotion is approved by the President,'' after ''by the
President,''.
Subsec. (a)(2). Pub. L. 97-22, 4(d)(1)(B), inserted provision that
officers to be promoted to grade of first lieutenant or lieutenant
(junior grade) shall be promoted in accordance with regulations
prescribed by the Secretary concerned.
Subsec. (c). Pub. L. 97-22, 4(d)(2), substituted ''under this
section in the grade of first lieutenant or captain or lieutenant
(junior grade) or lieutenant'' for ''in the grade of first lieutenant or
lieutenant (junior grade) under this section''.
Subsec. (d)(1). Pub. L. 97-22, 4(d)(3)(A), (B), substituted ''Under
regulations prescribed by the Secretary concerned, the appointment of an
officer under this section may be delayed'' for ''The Secretary
concerned may delay the appointment of an officer under this section''
in provisions preceding subpar. (A) and, in provisions following
subpar. (D), inserted ''then unless action to delay an appointment has
also been taken under subsection (d)(2)'' after ''as the case may be,''.
Subsec. (d)(2). Pub. L. 97-22, 4(d)(3)(C), substituted ''Under
regulations prescribed by the Secretary concerned, the appointment of an
officer under this section may also be delayed in any case in which''
for ''the Secretary concerned may also delay the appointment of an
officer to the next higher grade under this section in any case in which
the Secretary finds that''.
Subsec. (d)(3). Pub. L. 97-22, 4(d)(3)(D), (E), inserted '', unless
it is impracticable to give such written notice before the effective
date of the appointment, in which case such written notice shall be
given as soon as practicable'' after ''grounds for the delay'' and
struck out ''by the Secretary'' after ''the action taken''.
Functions of President under subsec. (c) to appoint officers in
grades of first lieutenant and captain in Army, Air Force, and Marine
Corps or in grades of lieutenant (junior grade) and lieutenant in Navy
delegated to Secretary of Defense to perform, without approval,
ratification, or other action by President, and with authority for
Secretary to redelegate, see Ex. Ord. No. 12396, 1(c), 3, Dec. 9,
1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title
3, The President.
10 USC 625. Authority to vacate promotions to grades of brigadier
general and rear admiral (lower half)
TITLE 10 -- ARMED FORCES
(a) The President may vacate the promotion to the grade of brigadier
general or rear admiral (lower half) of an officer who has served less
than 18 months in that grade after promotion to that grade under this
chapter.
(b) An officer of the Army, Air Force, or Marine Corps whose
promotion is vacated under this section holds the regular grade of
colonel, if he is a regular officer, or the reserve grade of colonel, if
he is a reserve officer. An officer of the Navy whose promotion is
vacated under this section holds the regular grade of captain, if he is
a regular officer, or the reserve grade of captain, if he is a reserve
officer.
(c) The position on the active-duty list of an officer whose
promotion is vacated under this section is the position he would have
held had he not been promoted to the grade of brigadier general or rear
admiral (lower half).
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2858;
amended Pub. L. 97-86, title IV, 405(b)(1), (4)(A), Dec. 1, 1981, 95
Stat. 1105; Pub. L. 99-145, title V, 514(b)(1), (4)(A), Nov. 8, 1985,
99 Stat. 628.)
1985 -- Pub. L. 99-145 substituted ''rear admiral (lower half)'' for
''commodore'' in section catchline and subsecs. (a) and (c).
1981 -- Pub. L. 97-86 substituted ''commodore'' for ''commodore
admiral'' in section catchline and subsecs. (a) and (c).
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.
10 USC 626. Acceptance of promotions; oath of office
TITLE 10 -- ARMED FORCES
(a) An officer who is appointed to a higher grade under section 624
of this title is considered to have accepted such appointment on the
date on which the appointment is made unless he expressly declines the
appointment.
(b) An officer who has served continuously since he subscribed to the
oath of office prescribed in section 3331 of title 5 is not required to
take a new oath upon appointment to a higher grade under section 624 of
this title.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2858.)
10 USC SUBCHAPTER III -- FAILURE OF SELECTION FOR PROMOTION AND
RETIREMENT FOR YEARS OF SERVICE
TITLE 10 -- ARMED FORCES
Sec.
627. Failure of selection for promotion.
628. Special selection boards.
629. Removal from a list of officers recommended for promotion.
630. Discharge of regular commissioned officers with less than five
years of active commissioned service or found not qualified for
promotion for first lieutenant or lieutenant (junior grade).
631. Effect of failure of selection for promotion: regular first
lieutenants and lieutenants (junior grade).
632. Effect of failure of selection for promotion: regular captains
and majors of the Army, Air Force, and Marine Corps and regular
lieutenants and lieutenant commanders of the Navy.
633. Retirement for years of service: regular lieutenant colonels
and commanders.
634. Retirement for years of service: regular colonels and Navy
captains.
635. Retirement for years of service: regular brigadier generals
and rear admirals (lower half).
636. Retirement for years of service: regular major generals and
rear admirals.
1985 -- Pub. L. 99-145, title V, 514(b)(5)(B), Nov. 8, 1985, 99
Stat. 628, substituted ''rear admirals (lower half)'' for
''commodores'' in item 635.
1981 -- Pub. L. 97-86, title IV, 405(b)(5)(B), Dec. 1, 1981, 95
Stat. 1106, substituted ''commodores'' for ''commodore admirals'' in
item 635.
10 USC 627. Failure of selection for promotion
TITLE 10 -- ARMED FORCES
An officer in a grade below the grade of colonel or, in the case of
an officer of the Navy, captain who is in or above the promotion zone
established for his grade and competitive category under section 623 of
this title and is considered but not selected for promotion by a
selection board convened under section 611(a) of this title shall be
considered to have failed of selection for promotion.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2859.)
Subchapter effective Sept. 15, 1981, but the authority to prescribe
regulations under this subchapter 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.
For provisions to prevent extinction or premature termination of
rights, duties, penalties, or proceedings that existed or were begun
prior to the effective date of Pub. L. 96-513 and otherwise to allow
for an orderly transition to the system of officer personnel management
put in place under Pub. L. 96-513, see section 601 et seq. of Pub. L.
96-513, set out as a note under section 611 of this title.
10 USC 628. Special selection boards
TITLE 10 -- ARMED FORCES
(a)(1) In the case of an officer who is eligible for promotion who
the Secretary of the military department concerned determines was not
considered for selection for promotion by a selection board because of
administrative error, the Secretary concerned, under regulations
prescribed by the Secretary of Defense, shall convene a special
selection board under this subsection (composed in accordance with
section 612 of this title or, in the case of a warrant officer, composed
in accordance with section 573 of this title and regulations prescribed
by the Secretary of the military department concerned) to determine
whether such officer should be recommended for promotion.
(2) A special selection board convened under paragraph (1) shall
consider the record of the officer as his record would have appeared to
the board that should have considered him. That record shall be
compared with a sampling of the records of those officers of the same
competitive category who were recommended for promotion, and those
officers who were not recommended for promotion, by the board that
should have considered him.
(3) If a special selection board convened under paragraph (1) does
not recommend for promotion an officer in a grade below the grade of
colonel or, in the case of an officer of the Navy, captain whose name
was referred to it for consideration, the officer shall be considered to
have failed of selection for promotion.
(b)(1) In the case of an officer who is eligible for promotion who
was considered for selection for promotion by a selection board but was
not selected, the Secretary of the military department concerned, under
regulations prescribed by the Secretary of Defense, may convene a
special selection board under this subsection (composed in accordance
with section 612 of this title or, in the case of a warrant officer,
composed in accordance with section 573 of this title and regulations
prescribed by the Secretary of the military department concerned) to
determine whether such officer should be recommended for promotion if
the Secretary concerned determines that --
(A) the action of the board which considered the officer was contrary
to law or involved material error of fact or material administrative
error; or
(B) the board did not have before it for its consideration material
information.
(2) A special selection board convened under paragraph (1) shall
consider the record of the officer as his record, if corrected, would
have appeared to the board that considered him. That record shall be
compared with the records of a sampling of those officers of the same
competitive category who were recommended for promotion, and those
officers who were not recommended for promotion, by the board that
considered him.
(3) If a special selection board convened under paragraph (1) does
not recommend for promotion an officer whose name was referred to it for
consideration, the officer incurs no additional failure of selection for
promotion.
(c)(1) Each special selection board convened under this section shall
submit to the Secretary of the military department concerned a written
report, signed by each member of the board, containing the name of each
officer it recommends for promotion and certifying that the board has
carefully considered the record of each officer whose name was referred
to it.
(2) The provisions of sections 617(b) and 618 of this title apply to
the report and proceedings of a special selection board convened under
this section in the same manner as they apply to the report and
proceedings of a selection board convened under section 611(a) of this
title.
(d)(1) If the report of a special selection board convened under this
section, as approved by the President, recommends for promotion to the
next higher grade an officer whose name was referred to it for
consideration, such officer shall, as soon as practicable, be appointed
to the next higher grade in accordance with subsections (b), (c), and
(d) of section 624 of this title.
(2) An officer who is promoted to the next higher grade as the result
of the recommendation of a special selection board convened under this
section shall, upon such promotion, have the same date of rank, the same
effective date for the pay and allowances of that grade, and the same
position on the active-duty list as he would have had if he had been
recommended for promotion to that grade by the board which should have
considered, or which did consider, him.
(e) The provisions of section 613 of this title apply to members of
special selection boards convened under this section.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2859;
amended Pub. L. 98-525, title V, 527(a), Oct. 19, 1984, 98 Stat. 2525;
Pub. L. 102-190, div. A, title XI, 1131(4), Dec. 5, 1991, 105 Stat.
1506; Pub. L. 102-484, div. A, title X, 1052(10), Oct. 23, 1992, 106
Stat. 2499.)
1992 -- Subsec. (b)(1). Pub. L. 102-484 substituted ''section 573''
for ''section 558''.
1991 -- Subsec. (a)(1). Pub. L. 102-190 substituted ''section 573''
for ''section 558''.
1984 -- Subsecs. (a)(1), (b)(1). Pub. L. 98-525 substituted
''(composed in accordance with section 612 of this title or, in the case
of a warrant officer, composed in accordance with section 558 of this
title and regulations prescribed by the Secretary of the military
department concerned)'' for ''(composed in accordance with section 612
of this title)''.
Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section
1132 of Pub. L. 102-190, set out as a note under section 521 of this
title.
Functions of President under subsec. (d)(1) to approve, modify, or
disapprove report of a selection board delegated to Secretary of Defense
to perform, without approval, ratification, or other action by
President, and with authority for Secretary to redelegate, see Ex. Ord.
No. 12396, 1(a), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a
note under section 301 of Title 3, The President.
10 USC 629. Removal from a list of officers recommended for promotion
TITLE 10 -- ARMED FORCES
(a) The President may remove the name of any officer from a list of
officers recommended for promotion by a selection board convened under
this chapter.
(b) If, after consideration of a list of officers approved for
promotion by the President, the Senate does not give its advice and
consent to the appointment of an officer whose name is on the list, that
officer's name shall be removed from the list.
(c)(1) An officer whose name is removed from a list under subsection
(a) or (b) continues to be eligible for consideration for promotion. If
he is recommended for promotion by the next selection board convened for
his grade and competitive category and he is promoted, the Secretary of
the military department concerned may, upon such promotion, grant him
the same date of rank, the same effective date for the pay and
allowances of the grade to which promoted, and the same position on the
active-duty list as he would have had if his name had not been so
removed.
(2) If such an officer who is in a grade below the grade of colonel
or, in the case of the Navy, captain is not recommended for promotion by
the next selection board convened for his grade and competitive
category, or if his name is again removed from the list of officers
recommended for promotion, of if the Senate again does not give its
advice and consent to his promotion, he shall be considered for all
purposes to have twice failed of selection for promotion.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2860.)
Functions of President under subsec. (a) to remove name of any
officer from a promotion list to any grade below commodore or brigadier
general delegated to Secretary of Defense to perform, without approval,
ratification, or other action by President, and with authority for
Secretary to redelegate, see Ex. Ord. No. 12396, 1(b), 3, Dec. 9,
1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title
3, The President.
10 USC 630. Discharge of regular commissioned officers with less then
five years of active commissioned service or found not qualified for
promotion for first lieutenant or lieutenant (junior grade)
TITLE 10 -- ARMED FORCES
The Secretary of the military department concerned, under regulations
prescribed by the Secretary of Defense --
(1) may discharge any regular officer on the active-duty list who --
(A) has less than five years of active commissioned service; or
(B) is serving in the grade of second lieutenant or ensign and has
been found not qualified for promotion to the regular grade of first
lieutenant or lieutenant (junior grade); and
(2) shall, unless the officer has been promoted, discharge any
officer described in clause (1)(B) at the end of the 18-month period
beginning on the date on which the officer is first found not qualified
for promotion.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2861;
amended Pub. L. 98-525, title XIV, 1405(11), Oct. 19, 1984, 98 Stat.
2622.)
1984 -- Par. (2). Pub. L. 98-525 substituted ''18-month'' for
''eighteen-month''.
10 USC 631. Effect of failure of selection for promotion: regular
first lieutenants and lieutenants (junior grade)
TITLE 10 -- ARMED FORCES
(a) Except an officer of the Navy and Marine Corps who is an officer
designated for limited duty (to whom section 5596(e) or 6383 of this
title applies), each officer of the Regular Army, Regular Air Force, or
Regular Marine Corps who holds the regular grade of first lieutenant and
has failed of selection for promotion to the regular grade of captain
for the second time, and each officer of the Regular Navy who holds the
regular grade of lieutenant (junior grade) and has failed of selection
for promotion to the regular grade of lieutenant for the second time,
whose name is not on a list of officers recommended for promotion to the
next higher regular grade shall --
(1) be discharged on the date requested by him and approved by the
Secretary of the military department concerned, which date shall be not
later than the first day of the seventh calendar month beginning after
the month in which the President approves the report of the board which
considered him for the second time;
(2) if he is eligible for retirement under any provision of law, be
retired under that law on the date requested by him and approved by the
Secretary concerned, which date shall be not later than the first day of
the seventh calendar month beginning after the month in which the
President approves the report of the board which considered him for the
second time; or
(3) if on the date on which he is to be discharged under clause (1)
he is within two years of qualifying for retirement under section 3911,
6323, or 8911 of this title, be retained on active duty until he is
qualified for retirement and then be retired under that section, unless
he is sooner retired or discharged under another provision of law.
(b) The retirement or discharge of an officer pursuant to this
section shall be considered to be an involuntary retirement or discharge
for purposes of any other provision of law.
(c) An officer who is subject to discharge under subsection (a)(1) is
not eligible for further consideration for promotion.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2861;
amended Pub. L. 98-525, title V, 525(c), Oct. 19, 1984, 98 Stat. 2525.)
1984 -- Subsec. (c). Pub. L. 98-525 added subsec. (c).
10 USC 632. Effect of failure of selection for promotion: regular
captains and majors of the Army, Air Force, and Marine Corps and regular
lieutenants and lieutenant commanders of the Navy
TITLE 10 -- ARMED FORCES
(a) Except an officer of the Navy and Marine Corps who is an officer
designated for limited duty (to whom section 5596(e) or 6383 of this
title applies) and except as provided under section 637(a) of this
title, each officer of the Regular Army, Regular Air Force, or Regular
Marine Corps who holds the regular grade of captain or major, and each
officer of the Regular Navy who holds the regular grade of lieutenant or
lieutenant commander, who has failed of selection for promotion to the
next higher regular grade for the second time and whose name is not on a
list of officers recommended for promotion to the next higher regular
grade shall --
(1) be discharged on the date requested by him and approved by the
Secretary concerned, which date shall be not later than the first day of
the seventh calendar month beginning after the month in which the
President approves the report of the board which considered him for the
second time;
(2) if he is eligible for retirement under any provision of law, be
retired under that law on the date requested by him and approved by the
Secretary concerned, which date shall be not later than the first day of
the seventh calendar month beginning after the month in which the
President approves the report of the board which considered him for the
second time; or
(3) if on the date on which he is to be discharged under clause (1)
he is within two years of qualifying for retirement under section 3911,
6323, or 8911 of this title, be retained on active duty until he is
qualified for retirement and then retired under that section, unless he
is sooner retired or discharged under another provision of law.
(b) The retirement or discharge of an officer pursuant to this
section shall be considered to be an involuntary retirement or discharge
for purposes of any other provision of law.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2862.)
10 USC 633. Retirement for years of service: regular lieutenant
colonels and commanders
TITLE 10 -- ARMED FORCES
Except an officer of the Navy designated for limited duty to whom
section 5596(e) of this title applies and an officer of the Marine Corps
designated for limited duty to whom section 5596(e) or section 6383 of
this title applies and except as provided under section 637(b) of this
title, each officer of the Regular Army, Regular Air Force, or Regular
Marine Corps who holds the regular grade of lieutenant colonel, and each
officer of the Regular Navy who holds the regular grade of commander,
who is not on a list of officers recommended for promotion to the
regular grade of colonel or captain, respectively, shall, if not earlier
retired, be retired on the first day of the month after the month in
which he completes 28 years of active commissioned service. During the
period beginning on July 1, 1993, and ending on October 1, 1995, the
preceding sentence shall not apply to an officer of the Navy designated
for limited duty to whom section 6383 of this title applies.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2862;
amended Pub. L. 98-525, title V, 529(b), title XIV, 1405(12), Oct. 19,
1984, 98 Stat. 2526, 2622; Pub. L. 102-484, div. A, title V, 504(a),
Oct. 23, 1992, 106 Stat. 2403.)
1992 -- Pub. L. 102-484 inserted at end ''During the period
beginning on July 1, 1993, and ending on October 1, 1995, the preceding
sentence shall not apply to an officer of the Navy designated for
limited duty to whom section 6383 of this title applies.''
1984 -- Pub. L. 98-525, 1405(12), substituted ''28'' for
''twenty-eight''.
Pub. L. 98-525, 529(b), substituted ''Except an officer of the Navy
designated for limited duty to whom section 5596(e) of this title
applies and an officer of the Marine Corps designated for limited duty
to whom section 5596(e) or section 6383 of this title applies'' for
''Except an officer of the Navy and Marine Corps who is an officer
designated for limited duty (to whom section 5596(e) or 6383 of this
title applies)''.
10 USC 634. Retirement for years of service: regular colonels and
Navy captains
TITLE 10 -- ARMED FORCES
Except as provided under section 637(b) of this title, each officer
of the Regular Army, Regular Air Force, or Regular Marine Corps who
holds the regular grade of colonel, and each officer of the Regular Navy
who holds the regular grade of captain, who is not on a list of officers
recommended for promotion to the regular grade of brigadier general or
rear admiral (lower half), respectively, shall, if not earlier retired,
be retired on the first day of the month after the month in which he
completes 30 years of active commissioned service. During the period
beginning on July 1, 1993, and ending on October 1, 1995, the preceding
sentence shall not apply to an officer of the Regular Navy designated
for limited duty to whom section 6383(a)(4) of this title applies.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2862;
amended Pub. L. 97-86, title IV, 405(b)(1), Dec. 1, 1981, 95 Stat.
1105; Pub. L. 98-525, title XIV, 1405(13), Oct. 19, 1984, 98 Stat.
2622; Pub. L. 99-145, title V, 514(b)(1), Nov. 8, 1985, 99 Stat. 628;
Pub. L. 102-484, div. A, title V, 504(b), Oct. 23, 1992, 106 Stat.
2403.)
1992 -- Pub. L. 102-484 inserted at end ''During the period
beginning on July 1, 1993, and ending on October 1, 1995, the preceding
sentence shall not apply to an officer of the Regular Navy designated
for limited duty to whom section 6383(a)(4) of this title applies.''
1985 -- Pub. L. 99-145 substituted ''rear admiral (lower half)'' for
''commodore''.
1984 -- Pub. L. 98-525 substituted ''30'' for ''thirty''.
1981 -- Pub. L. 97-86 substituted ''commodore'' for ''commodore
admiral''.
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.
10 USC 635. Retirement for years of service: regular brigadier
generals and rear admirals (lower half)
TITLE 10 -- ARMED FORCES
Except as provided under section 637(b) 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.)
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.
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.
10 USC 636. Retirement for years of service: regular major generals
and rear admirals
TITLE 10 -- ARMED FORCES
Except as provided under section 637(b) 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.
(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.)
1984 -- Pub. L. 98-525 substituted ''35'' for ''thirty-five''.
10 USC SUBCHAPTER IV -- CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY
RETIREMENT
TITLE 10 -- ARMED FORCES
Sec.
637. Selection of regular officers for continuation on active duty.
638. Selective early retirement.
638a. Modification to rules for continuation on active duty;
enhanced authority for selective early retirement and early discharges.
639. Continuation on active duty to complete disciplinary action.
640. Deferment of retirement or separation for medical reasons.
1990 -- Pub. L. 101-510, div. A, title V, 521(a)(2), Nov. 5,
1990, 104 Stat. 1561, added item 638a.
10 USC 637. Selection of regular officers for continuation on active
duty
TITLE 10 -- ARMED FORCES
(a)(1) An officer subject to discharge or retirement in accordance
with section 632 of this title may, subject to the needs of the service,
be continued on active duty if he is selected for continuation on active
duty by a selection board convened under section 611(b) of this title.
(2) An officer who holds the regular grade of captain in the Army,
Air Force, or Marine Corps, or the regular grade of lieutenant in the
Navy, and who is subject to discharge or retirement in accordance with
section 632 of this title may not be continued on active duty under this
subsection for a period which extends beyond the last day of the month
in which he completes 20 years of active commissioned service unless he
is promoted to the regular grade of major or lieutenant commander,
respectively.
(3) An officer who holds the regular grade of major or lieutenant
commander who is subject to discharge or retirement in accordance with
section 632 of this title may not be continued on active duty under this
subsection for a period which extends beyond the last day of the month
in which he completes 24 years of active commissioned service unless he
is promoted to the regular grade of lieutenant colonel or commander,
respectively.
(4) An officer who is selected for continuation on active duty under
this subsection but declines to continue on active duty shall be
discharged, retired, or retained on active duty, as appropriate, in
accordance with section 632 of this title.
(5) Each officer who is continued on active duty under this
subsection, is not subsequently promoted or continued on active duty,
and is not on a list of officers recommended for continuation or for
promotion to the next higher regular grade shall, unless sooner retired
or discharged under another provision of law --
(A) be discharged upon the expiration of his period of continued
service; or
(B) if he is eligible for retirement under any provision of law, be
retired under that law on the first day of the first month following the
month in which he completes his period of continued service.
Notwithstanding the provisions of clause (A), any officer who would
otherwise be discharged under such clause and is within two years of
qualifying for retirement under section 3911, 6323, or 8911 of this
title, shall unless he is sooner retired or discharged under some other
provision of law, be retained on active duty until he is qualified for
retirement under that section and then be retired.
(6) The retirement or discharge of an officer pursuant to this
subsection shall be considered to be an involuntary retirement or
discharge for purposes of any other provision of law.
(b)(1) An officer subject to retirement under section 633 or 634 of
this title may, subject to the needs of the service, have his retirement
deferred and be continued on active duty if he is selected for
continuation on active duty by a selection board convened under section
611(b) of this title.
(2) An officer subject to retirement under section 635 or 636 of this
title who is serving in the grade of brigadier general, rear admiral
(lower half), major general, or rear admiral may, subject to the needs
of the service, have his retirement deferred and be continued on active
duty by the Secretary concerned. An officer subject to retirement under
section 635 or 636 of this title who is serving in a grade above major
general or rear admiral may have his retirement deferred and be
continued on active duty by the President.
(3) Any deferral of retirement and continuation on active duty under
this subsection shall be for a period not to exceed five years, but such
period may not (except as provided under section 1251(b) of this title)
extend beyond the date of the officer's sixty-second birthday.
(c) Continuation of an officer on active duty under this section
pursuant to the action of a selection board convened under section
611(b) of this title is subject to the approval of the Secretary of the
military department concerned. The period of the continuation on active
duty of an officer under this section may be reduced by the Secretary
concerned in the case of any officer as provided in section 638a of this
title.
(d) For purposes of this section, a period of continuation on active
duty under this section expires or is completed on the earlier of (1)
the date originally established for the termination of such period, or
(2) the date established for the termination of such period by any
shortening of such period under section 638a of this title.
(e) The Secretary of Defense shall prescribe regulations for the
administration of this section.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2863;
amended Pub. L. 97-22, 4(e), July 10, 1981, 95 Stat. 127; Pub. L.
97-86, title IV, 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L.
98-525, title XIV, 1405(15), Oct. 19, 1984, 98 Stat. 2622; Pub. L.
99-145, title V, 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L.
101-510, div. A, title V, 521(b)(1), Nov. 5, 1990, 104 Stat. 1561.)
1990 -- Subsec. (c). Pub. L. 101-510, 521(b)(1)(A), inserted at end
''The period of the continuation on active duty of an officer under this
section may be reduced by the Secretary concerned in the case of any
officer as provided in section 638a of this title.''
Subsecs. (d), (e). Pub. L. 101-510, 521(b)(1)(B), (C), added
subsec. (d) and redesignated former subsec. (d) as (e).
1985 -- Subsec. (b)(2). Pub. L. 99-145 substituted ''rear admiral
(lower half)'' for ''commodore''.
1984 -- Subsec. (a)(2). Pub. L. 98-525, 1405(15)(A), substituted
''20'' for ''twenty''.
Subsec. (a)(3). Pub. L. 98-525, 1405(15)(B), substituted ''24'' for
''twenty-four''.
1981 -- Subsec. (b)(1). Pub. L. 97-22, 4(e)(1), substituted
''section 633 or 634'' for ''section 633, 634, 635, or 636''.
Subsec. (b)(2). Pub. L. 97-86 substituted ''commodore'' for
''commodore admiral''.
Pub. L. 97-22, 4(e)(2), inserted provision that an officer subject
to retirement under section 635 or 636 of this title who is serving in
the grade of brigadier general, commodore admiral, major general, or
rear admiral may, subject to the needs of the service, have his
retirement deferred and be continued on active duty by the Secretary
concerned and struck out requirement that the deferral of the retirement
of an officer subject to retirement under section 635 or 636 of this
title serving in a grade above major general or rear admiral was subject
to the needs of the service.
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.
Subchapter effective Sept. 15, 1981, but the authority to prescribe
regulations under this subchapter 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.
For provisions to prevent extinction or premature termination of
rights, duties, penalties, or proceedings that existed or were begun
prior to the effective date of Pub. L. 96-513 and otherwise to allow
for an orderly transition to the system of officer personnel management
put in place under Pub. L. 96-513, see section 601 et seq. of Pub. L.
96-513, set out as a note under section 611 of this title.
10 USC 638. Selective early retirement
TITLE 10 -- ARMED FORCES
(a)(1) A regular officer on the active-duty list of the Army, Navy,
Air Force, or Marine Corps may be considered for selective early
retirement by a selection board convened under section 611(b) of this
title if the officer is described in any of subparagraphs (A) through
(D) as follows:
(A) An officer holding the regular grade of lieutenant colonel or
commander who has failed of selection for promotion to the grade of
colonel or, in the case of an officer of the Navy, captain two or more
times and whose name is not on a list of officers recommended for
promotion.
(B) An officer holding the regular grade of colonel or, in the case
of an officer of the Navy, captain who has served at least four years of
active duty in that grade and whose name is not on a list of officers
recommended for promotion.
(C) An officer holding the regular grade of brigadier general or rear
admiral (lower half) who has served at least three and one-half years of
active duty in that grade and whose name is not on a list of officers
recommended for promotion.
(D) An officer holding the regular grade of major general or rear
admiral who has served at least three and one-half years of active duty
in that grade.
(2) The Secretary of the military department concerned shall specify
the number of officers described in paragraphs (1)(A) and (1)(B) which a
selection board convened under section 611(b) of this title may
recommend for early retirement. Such number may not be more than 30
percent of the number of officers considered in each grade in each
competitive category.
(3) A regular officer on the active-duty list of the Army, Navy, Air
Force, or Marine Corps may also be considered for early retirement under
the circumstances prescribed in section 638a of this title.
(b)(1) An officer in a grade below brigadier general or rear admiral
(lower half) who is recommended for early retirement under this section
or section 638a of this title and whose early retirement is approved by
the Secretary concerned shall --
(A) be retired, under any provision of law under which he is eligible
to retire, on the date requested by him and approved by the Secretary
concerned, which date shall be not later than the first day of the
seventh calendar month beginning after the month in which the Secretary
concerned approves the report of the board which recommended the officer
for early retirement; or
(B) if the officer is not eligible for retirement under any provision
of law, be retained on active duty until he is qualified for retirement
under section 3911, 6323, or 8911 of this title, and then be retired
under that section, unless he is sooner retired or discharged under some
other provision of law.
(2) An officer who holds the regular grade of brigadier general,
major general, rear admiral (lower half), or rear admiral who is
recommended for early retirement under this section and whose early
retirement is approved by the Secretary concerned shall be retired,
under any provision of law under which he is eligible to retire, on the
date requested by him and approved by the Secretary concerned, which
date shall be not later than the first day of the tenth calendar month
beginning after the month in which the Secretary concerned approved the
report of the board which recommended the officer for early retirement.
(c) So long as an officer in a grade below brigadier general or rear
admiral (lower half) holds the same grade, he may not be considered for
early retirement under this section more than once in any five-year
period.
(d) The retirement of an officer pursuant to this section shall be
considered to be an involuntary retirement for purposes of any other
provision of law.
(e)(1) The Secretary of Defense shall prescribe regulations for the
administration of this section.
(2)(A) Such regulations shall require that when the Secretary of the
military department concerned submits a list of officers to a selection
board convened under section 611(b) of this title to consider officers
for selection for early retirement under this section, such list (except
as provided in subparagraph (B)) shall include each officer on the
active-duty list in the same grade and competitive category whose
position on the active-duty list is between that of the most junior
officer in that grade and competitive category whose name is submitted
to the board and that of the most senior officer in that grade and
competitive category whose name is submitted to the board.
(B) A list under subparagraph (A) may not include an officer in that
grade and competitive category who has been approved for voluntary
retirement under section 3911, 6323, or 8911 of this title, or who is to
be involuntarily retired under any provision of law, during the fiscal
year in which the selection board is convened or during the following
fiscal year.
(C) An officer not considered by a selection board convened under
section 611(b) of this title by reason of subparagraph (B) shall be
retired on the date approved for the retirement of that officer as of
the convening date of such selection board unless the Secretary
concerned approves a modification of such date in order to prevent a
personal hardship for the officer or for other humanitarian reasons.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2864;
amended Pub. L. 97-22, 4(f), July 10, 1981, 95 Stat. 127; Pub. L.
97-86, title IV, 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L.
99-145, title V, 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L.
100-456, div. A, title V, 504, Sept. 29, 1988, 102 Stat. 1967; Pub. L.
101-510, div. A, title V, 521(b)(2), Nov. 5, 1990, 104 Stat. 1561;
Pub. L. 102-190, div. A, title V, 503(a), Dec. 5, 1991, 105 Stat.
1355.)
1991 -- Subsec. (e). Pub. L. 102-190 designated existing provisions
as pars. (1) and (2)(A), in par. (2)(A) inserted ''(except as provided
in subparagraph (B))'' after ''under this section, such list'', and
added subpars. (B) and (C).
1990 -- Subsec. (a)(3). Pub. L. 101-510, 521(b)(2)(A), added par.
(3).
Subsec. (b)(1). Pub. L. 101-510, 521(b)(2)(B), inserted ''or section
638a of this title'' after ''under this section''.
1988 -- Subsec. (a). Pub. L. 100-456 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''A regular officer
on the active-duty list of the Army, Navy, Air Force, or Marine Corps --
''(1) who holds the regular grade of lieutenant colonel or commander
and has failed of selection for promotion to the grade of colonel or, in
the case of an officer of the Navy, captain two or more times and whose
name is not on a list of officers recommended for promotion;
''(2) who holds the regular grade of colonel or, in the case of an
officer of the Navy, captain and has served at least four years of
active duty in that grade and whose name is not on a list of officers
recommended for promotion;
''(3) who holds the regular grade of brigadier general or rear
admiral (lower half) and has served at least three and one-half years of
active duty in that grade and whose name is not on a list of officers
recommended for promotion; or
''(4) who holds the regular grade of major general or rear admiral
and has served at least three and one-half years of active duty in that
grade,
may be considered for early retirement by a selection board convened
under section 611(b) of this title. The Secretary of the military
department concerned shall specify the number of officers described in
clauses (1) and (2) which such a board may recommend for early
retirement, but such number may not be more than 30 percent of the
number of officers considered in each grade in each competitive
category.''
1985 -- Subsecs. (a)(3), (b), (c). Pub. L. 99-145 substituted
''rear admiral (lower half)'' for ''commodore'' wherever appearing.
1981 -- Subsec. (a)(3). Pub. L. 97-86 substituted ''commodore'' for
''commodore admiral''.
Subsec. (a)(3), (4). Pub. L. 97-22 substituted ''three and one-half
years of active duty'' for ''four years of active duty''.
Subsecs. (b), (c). Pub. L. 97-86 substituted ''commodore'' for
''commodore admiral'' wherever appearing.
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.
10 USC 638a. Modification to rules for continuation on active duty;
enhanced authority for selective early retirement and early discharges
TITLE 10 -- ARMED FORCES
(a) The Secretary of Defense may authorize the Secretary of a
military department, during the five-year period beginning on October 1,
1990, to take any of the actions set forth in subsection (b) with
respect to officers of an armed force under the jurisdiction of that
Secretary.
(b) Actions which the Secretary of a military department may take
with respect to officers of an armed force when authorized to do so
under subsection (a) are the following:
(1) Shortening the period of the continuation on active duty
established under section 637 of this title for a regular officer who is
serving on active duty pursuant to a selection under that section for
continuation on active duty.
(2) Providing that regular officers on the active-duty list may be
considered for early retirement by a selection board convened under
section 611(b) of this title in the case of officers described in any of
subparagraphs (A) through (C) as follows:
(A) Officers in the regular grade of lieutenant colonel or commander
who would be subject to consideration for selection for early retirement
under section 638(a)(1)(A) of this title except that they have failed of
selection for promotion only one time (rather than two or more times).
(B) Officers in the regular grade of colonel or, in the case of the
Navy, captain who would be subject to consideration for selection for
early retirement under section 638(a)(1)(B) of this title except that
they have served on active duty in that grade less than four years (but
not less than two years).
(C) Officers, other than those described in subparagraphs (A) and
(B), holding a regular grade below the grade of colonel, or in the case
of the Navy, captain, who are eligible for retirement under section
3911, 6323, or 8911 of this title, or who after two additional years or
less of active service would be eligible for retirement under one of
those sections and whose names are not on a list of officers recommended
for promotion.
(3) Suspending section 638(c) of this title.
(4) Convening selection boards under section 611(b) of this title to
consider for discharge regular officers on the active-duty list in a
grade below lieutenant colonel or commander --
(A) who have served at least one year of active duty in the grade
currently held;
(B) whose names are not on a list of officers recommended for
promotion; and
(C) who are not eligible to be retired under any provision of law
(other than by reason of eligibility pursuant to section 4403 of the
National Defense Authorization Act for Fiscal Year 1993) and are not
within two years of becoming so eligible.
(c)(1) In the case of an action under subsection (b)(2), the
Secretary of the military department concerned shall specify the number
of officers described in that subsection which a selection board
convened under section 611(b) of this title pursuant to the authority of
that subsection may recommend for early retirement. Such number may not
be more than 30 percent of the number of officers considered in each
grade in each competitive category.
(2) In the case of an action authorized under subsection (b)(2), the
Secretary of Defense may also authorize the Secretary of the military
department concerned when convening a selection board under section
611(b) of this title to consider regular officers on the active-duty
list for early retirement to include within the officers to be
considered by the board reserve officers on the active-duty list on the
same basis as regular officers.
(3) In the case of an action under subsection (b)(2), the Secretary
of the military department concerned may submit to a selection board
convened pursuant to that subsection --
(A) the names of all eligible officers described in that subsection
in a particular grade and competitive category; or
(B) the names of all eligible officers described in that subsection
in a particular grade and competitive category who are also in
particular year groups, specialties, or retirement categories, or any
combination thereof, within that competitive category.
(d)(1) In the case of an action under subsection (b)(4), the
Secretary of the military department concerned may submit to a selection
board convened pursuant to that subsection --
(A) the names of all officers described in that subsection in a
particular grade and competitive category; or
(B) the names of all officers described in that subsection in a
particular grade and competitive category who also are in particular
year groups or specialties, or both, within that competitive category.
(2) The Secretary concerned shall specify the total number of
officers to be recommended for discharge by a selection board convened
pursuant to subsection (b)(4). That number may not be more than 30
percent of the number of officers considered --
(A) in each grade in each competitive category; or
(B) in each grade, year group, or specialty (or combination thereof)
in each competitive category.
(3) The total number of officers described in subsection (b)(4) from
any of the armed forces (or from any of the armed forces in a particular
grade) who may be recommended during a fiscal year for discharge by a
selection board convened pursuant to the authority of that subsection
may not exceed 70 percent of the decrease, as compared to the preceding
fiscal year, in the number of officers of that armed force (or the
number of officers of that armed force in that grade) authorized to be
serving on active duty as of the end of that fiscal year.
(4) An officer who is recommended for discharge by a selection board
convened pursuant to the authority of subsection (b)(4) and whose
discharge is approved by the Secretary concerned shall be discharged on
a date specified by the Secretary concerned.
(5) Selection of officers for discharge under this subsection shall
be based on the needs of the service.
(e) The discharge or retirement of an officer pursuant to this
section shall be considered to be involuntary for purposes of any other
provision of law.
(Added Pub. L. 101-510, div. A, title V, 521(a)(1), Nov. 5, 1990,
104 Stat. 1559; amended Pub. L. 102-190, div. A, title V, 503(b), Dec.
5, 1991, 105 Stat. 1355; Pub. L. 102-484, div. A, title V, 503, title
LXIV, 4403(g)(2), Oct. 23, 1992, 106 Stat. 2402, 2703.)
Section 4403 of the National Defense Authorization Act for Fiscal
Year 1993, referred to in subsec. (b)(4)(C), is section 4403 of Pub.
L. 102-484, which is set out as a note under section 1293 of this title.
1992 -- Subsec. (b)(4)(C). Pub. L. 102-484, 4403(g)(2), inserted
''(other than by reason of eligibility pursuant to section 4403 of the
National Defense Authorization Act for Fiscal Year 1993)'' after ''any
provision of law''.
Subsec. (c)(3). Pub. L. 102-484, 503, added par. (3).
1991 -- Subsec. (b)(2)(C). Pub. L. 102-190, 503(b)(1), amended
subpar. (C) generally. Prior to amendment, subpar. (C) read as
follows: ''Officers holding a regular grade below the grade of colonel
or, in the case of the Navy, captain who are not eligible for retirement
under section 3911, 6323, or 8911 of this title but who after two
additional years of active service as a commissioned officer would be
eligible for retirement under one of those sections and whose names are
not on a list of officers recommended for promotion.''
Subsec. (c). Pub. L. 102-190, 503(b)(2), designated existing
provisions as par. (1) and added par. (2).
10 USC 639. Continuation on active duty to complete disciplinary
action
TITLE 10 -- ARMED FORCES
When any action has been commenced against an officer with a view to
trying such officer by court-martial and such officer is to be separated
or retired in accordance with this chapter, the Secretary of the
military department concerned may delay the separation or retirement of
the officer, without prejudice to such action, until the completion of
the action.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2866.)
10 USC 640. Deferment of retirement or separation for medical reasons
TITLE 10 -- ARMED FORCES
The Secretary of the military department concerned may defer the
retirement or separation under this title of any officer if the
evaluation of the physical condition of the officer and determination of
the officer's entitlement to retirement or separation for physical
disability require hospitalization or medical observation that cannot be
completed before the date on which the officer would otherwise be
required to retire or be separated under this title.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2866.)
10 USC SUBCHAPTER V -- ADDITIONAL PROVISIONS RELATING TO PROMOTION,
SEPARATION, AND RETIREMENT
TITLE 10 -- ARMED FORCES
Sec.
641. Applicability of chapter.
642. Entitlement of officers discharged or retired under this
chapter to separation pay or retired pay.
643. Chaplains: discharge or retirement upon loss of professional
qualifications.
644. Authority to suspend officer personnel laws.
645. Definitions.
646. Consideration of performance as a member of the Joint Staff.
1984 -- Pub. L. 98-525, title XIII, 1301(d)(2), Oct. 19, 1984, 98
Stat. 2612, added item 646.
10 USC 641. Applicability of chapter
TITLE 10 -- ARMED FORCES
Officers in the following categories are not subject to this chapter
(other than section 640 and, in the case of warrant officers, section
628):
(1) Reserve officers --
(A) on active duty for training;
(B) on active duty under section 175, 265, 3021, 3038, 3040, 3496,
5251, 5252, 8021, 8038, or 8496 of this title or section 708 of title
32;
(C) on active duty under section 672(d) of this title in connection
with organizing, administering, recruiting, instructing, or training the
reserve components;
(D) on active duty to pursue special work;
(E) ordered to active duty under section 673b of this title;
(F) on active duty under section 10(b)(2) of the Military Selective
Service Act (50 U.S.C. App. 460(b)(2)) for the administration of the
Selective Service System; or
(G) on full-time National Guard duty.
(2) The director of admissions, dean, and permanent professors at the
United States Military Academy and the registrar, dean, and permanent
professors at the United States Air Force Academy.
(3) Warrant officers.
(4) Retired officers on active duty.
(5) Students at the Uniformed Services University of the Health
Sciences.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2866;
amended Pub. L. 98-525, title IV, 414(a)(5), title V, 527(b), Oct. 19,
1984, 98 Stat. 2519, 2525; Pub. L. 99-433, title V, 531(a)(2), Oct. 1,
1986, 100 Stat. 1063.)
1986 -- Par. (1)(B). Pub. L. 99-433 substituted ''3021, 3038, 3040,
3496, 5251, 5252, 8021, 8038'' for ''3015, 3019, 3033, 3496, 5251, 5252,
8019, 8033''.
1984 -- Pub. L. 98-525, 527(b), substituted ''(other than section
640 and, in the case of warrant officers, section 628)'' for ''(other
than section 640)'' in provisions preceding par. (1).
Par. (1)(C). Pub. L. 98-525, 414(a)(5)(A), struck out ''or under
section 502 or 503 of title 32'' after ''section 672(d) of this title''.
Par. (1)(G). Pub. L. 98-525, 414(a)(5)(B)-(D), added subpar. (G).
Subchapter effective Sept. 15, 1981, but the authority to prescribe
regulations under this subchapter 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.
For provisions to prevent extinction or premature termination of
rights, duties, penalties, or proceedings that existed or were begun
prior to the effective date of Pub. L. 96-513 and otherwise to allow
for an orderly transition to the system of officer personnel management
put in place under Pub. L. 96-513, see section 601 et seq. of Pub. L.
96-513, set out as a note under section 611 of this title.
10 USC 642. Entitlement of officers discharged or retired under this
chapter to separation pay or retired pay
TITLE 10 -- ARMED FORCES
(a) An officer who is discharged under this chapter is entitled, if
eligible therefor, to separation pay under section 1174 of this title.
(b) An officer who is retired under this chapter is entitled to
retired pay computed under chapter 71 of this title.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2867.)
10 USC 643. Chaplains: discharge or retirement upon loss of
professional qualifications
TITLE 10 -- ARMED FORCES
Under regulations prescribed by the Secretary of Defense, a
commissioned officer on the active-duty list of the Army, Navy, or Air
Force who is appointed or designated as a chaplain may, if he fails to
maintain the qualifications needed to perform his professional function,
be discharged or, if eligible for retirement, may be retired.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2867.)
10 USC 644. Authority to suspend officer personnel laws
TITLE 10 -- ARMED FORCES
In time of war, or of national emergency declared by Congress or the
President after November 30, 1980, the President may suspend the
operation of any provision of this chapter or of any other law relating
to the promotion, involuntary retirement, or separation of officers of
the Army, Navy, Air Force, or Marine Corps. So long as such war or
national emergency continues, any such suspension may be extended by the
President. Any such suspension shall, if not sooner ended, end on the
last day of the two-year period beginning on the date on which the
suspension (or the last extension thereof) takes effect or on the last
day of the one-year period beginning on the date of the termination of
the war or national emergency, whichever occurs first. With respect to
the end of any such suspension, the preceding sentence supersedes the
provisions of title II of the National Emergencies Act (50 U.S.C.
1621-1622) which provide that powers or authorities exercised by reason
of a national emergency shall cease to be exercised after the date of
the termination of the emergency.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2867;
amended Pub. L. 102-190, div. A, title XI, 1115, Dec. 5, 1991, 105
Stat. 1503.)
The National Emergencies Act, referred to in text, is Pub. L.
94-412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title II of the
National Emergencies Act is classified generally to subchapter II ( 1621
et seq.) of chapter 34 of Title 50, War and National Defense. For
complete classification of this Act to the Code, see Short Title note
set out under section 1601 of Title 50 and Tables.
1991 -- Pub. L. 102-190 struck out ''commissioned'' before
''officers'' in first sentence.
Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section
1132 of Pub. L. 102-190, set out as a note under section 521 of this
title.
Functions of President under this section to suspend operation of any
law relating to promotion, involuntary retirement, or separation of
commissioned officers of Army, Navy, Air Force, or Marine Corps
delegated to Secretary of Defense to perform during a time of war or
national emergency, without approval, ratification, or other action by
President, with authority for Secretary to redelegate, provided that,
during a national emergency declared by President, exercise of any such
authority be specifically directed by President in accordance with
section 1631 of Title 50, War and National Defense, and that Secretary
ensure that actions taken under any authority so delegated be accounted
for as required by section 1641 of Title 50, see Ex. Ord. No. 12396,
2, 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under
section 301 of Title 3, The President.
10 USC 645. Definitions
TITLE 10 -- ARMED FORCES
In this chapter:
(1) The term ''promotion zone'' means a promotion eligibility
category consisting of the officers on an active-duty list in the same
grade and competitive category --
(A) who --
(i) in the case of officers in grades below colonel, for officers of
the Army, Air Force, and Marine Corps, or captain, for officers of the
Navy, have neither (I) failed of selection for promotion to the next
higher grade, nor (II) been removed from a list of officers recommended
for promotion to that grade (other than after having been placed on that
list after a selection from below the promotion zone); or
(ii) in the case of officers in the grade of colonel or brigadier
general, for officers of the Army, Air Force, and Marine Corps, or
captain or rear admiral (lower half), for officers of the Navy, have
neither (I) not been recommended for promotion to the next higher grade
when considered in the promotion zone, nor (II) been removed from a list
of officers recommended for promotion to that grade (other than after
having been placed on that list after a selection from below the
promotion zone); and
(B) are senior to the officer designated by the Secretary of the
military department concerned to be the junior officer in the promotion
zone eligible for consideration for promotion to the next higher grade.
(2) The term ''officers above the promotion zone'' means a group of
officers on an active-duty list in the same grade and competitive
category who --
(A) are eligible for consideration for promotion to the next higher
grade;
(B) are in the same grade as those officers in the promotion zone for
that competitive category; and
(C) are senior to the senior officer in the promotion zone for that
competitive category.
(3) The term ''officers below the promotion zone'' means a group of
officers on the active-duty list in the same grade and competitive
category who --
(A) are eligible for consideration for promotion to the next higher
grade;
(B) are in the same grade as the officers in the promotion zone for
that competitive category; and
(C) are junior to the junior officer in the promotion zone for that
competitive category.
(Added Pub. L. 96-513, title I, 105, Dec. 12, 1980, 94 Stat. 2867;
amended Pub. L. 97-86, title IV, 405(b)(1), Dec. 1, 1981, 95 Stat.
1105; Pub. L. 98-525, title V, 533(a), Oct. 19, 1984, 98 Stat. 2528;
Pub. L. 99-145, title V, 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub.
L. 102-25, title VII, 701(i)(1), Apr. 6, 1991, 105 Stat. 115.)
1991 -- Pars. (1) to (3). Pub. L. 102-25 inserted ''The term''
after par. designations and lowercased initial letter of quoted
phrases.
1985 -- Par. (1)(A)(ii). Pub. L. 99-145 substituted ''rear admiral
(lower half)'' for ''commodore''.
1984 -- Par. (1)(A)(i)(II), (ii)(II). Pub. L. 98-525, 533(a)(1),
inserted ''(other than after having been placed on that list after a
selection from below the promotion zone)''.
Par. (1)(B). Pub. L. 98-525, 533(a)(2), inserted ''in the promotion
zone'' after ''the junior officer'' and struck out ''in the promotion
zone'' after ''higher grade''.
1981 -- Par. (1)(A)(ii). Pub. L. 97-86 substituted ''commodore'' for
''commodore admiral''.
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.
10 USC 646. Consideration of performance as a member of the Joint
Staff
TITLE 10 -- ARMED FORCES
The Secretary of Defense, in consultation with the Chairman of the
Joint Chiefs of Staff, shall ensure that officer personnel policies of
the Army, Navy, Air Force, and Marine Corps concerning promotion,
retention, and assignment give appropriate consideration to the
performance of an officer as a member of the Joint Staff.
(Added Pub. L. 98-525, title XIII, 1301(d)(1), Oct. 19, 1984, 98
Stat. 2612.)
10 USC CHAPTER 37 -- GENERAL SERVICE REQUIREMENTS
TITLE 10 -- ARMED FORCES
Sec.
651. Members: required service.
652. Ready Reserves: requirement of notification of change of
status.
653. Minimum service requirement for certain flight crew positions.
1989 -- Pub. L. 101-189, div. A, title VI, 634(a)(2), Nov. 29,
1989, 103 Stat. 1454, added item 653.
1978 -- Pub. L. 95-485, title IV, 405(d)(2), Oct. 20, 1978, 92
Stat. 1616, added item 652.
1958 -- Pub. L. 85-861, 33(a)(4)(A), Sept. 2, 1958, 72 Stat.
1564, substituted ''GENERAL SERVICE REQUIREMENTS'' for ''SERVICE
REQUIREMENTS FOR RESERVES'' in chapter heading.
10 USC 651. Members: required service
TITLE 10 -- ARMED FORCES
(a) Each person who becomes a member of an armed force, other than a
person deferred under the next to the last sentence of section 6(d)(1)
of the Military Selective Service Act (50 U.S.C. App. 456(d)(1)) shall
serve in the armed forces for a total initial period of not less than
six years nor more than eight years, as provided in regulations
prescribed by the Secretary of Defense for the armed forces under his
jurisdiction and by the Secretary of Transportation for the Coast Guard
when it is not operating as service in the Navy, unless such person is
sooner discharged under such regulations because of personal hardship.
Any part of such service that is not active duty or that is active duty
for training shall be performed in a reserve component.
(b) Each person covered by subsection (a) who is not a Reserve, and
who is qualified, shall, upon his release from active duty, be
transferred to a reserve component of his armed force to complete the
service required by subsection (a).
(Aug. 10, 1956, ch. 1041, 70A Stat. 27; Sept. 2, 1958, Pub. L.
85-861, 1(12), 36B(3), 72 Stat. 1440, 1570; Nov. 2, 1966, Pub. L.
89-718, 5, 80 Stat. 1115; July 30, 1977, Pub. L. 95-79, title VIII,
803(a), 91 Stat. 333; Nov. 9, 1979, Pub. L. 96-107, title VIII,
805(b), 93 Stat. 813; Dec. 12, 1980, Pub. L. 96-513, title V, 511(18),
94 Stat. 2921; Sept. 24, 1983, Pub. L. 98-94, title X, 1022(b)(1), 97
Stat. 670.)
In subsection (a), the word ''male'' is inserted, since the source
statute (Universal Military Training and Service Act (50 U.S.C. App.
451 et seq.)) applies only to male persons. The words ''subsequent to
the date of enactment of this paragraph (June 19, 1951)'' are omitted as
executed. The words ''becomes a member'' are substituted for the words
''is inducted, enlisted, or appointed * * * in''. The words ''in the
armed forces'' are substituted for the words ''on active training and
service in the Armed Forces * * * and in a reserve component''. The
last sentence is substituted for the words ''or in training in the
National Security Training Corps''. The words ''under any provision of
law'' and ''including the reserve components thereof'' are omitted as
surplusage.
In subsection (b), the words ''who is not a Reserve'' are inserted,
since the eight year obligation for Reserves is covered by subsection
(a). The words ''active duty'' are substituted for the words ''active
training and service''. The last eight words are substituted for the
words ''and shall serve therein for the remainder of the period which he
is required to serve under this paragraph''. The words ''physically and
mentally'' and 50 App.:454(d)(3) (last 15 words of 2d sentence) are
omitted as surplusage.
In (former) subsection (c), the words ''who is released from active
duty'' are inserted for clarity. The words ''shall become a member''
are substituted for the words ''it shall be the duty of such person to
enlist, enroll, or accept appointment in, or accept assignment to''.
The words ''there is a vacancy'' are substituted for the words
''enlistment, enrollment, or appointment in, or assignment to''. 50
App.:454(d)(3) (last sentence) is omitted as surplusage.
In subsection (a), the word ''male'' is inserted, since the source
statute applies only to male persons. The words ''subsequent to the
date of enactment of the Reserve Forces Act of 1955'' are omitted as
executed. The words ''becomes a member'' are substituted for the words
''is inducted, enlisted, or appointed . . . in''. The last sentence is
substituted for the words ''on active training and service . . . and in
a reserve component''. The requirement of transfer to and service in a
reserve component, after active training and service is covered by
subsection (b) of this section. The words ''under any provision of
law'' and ''including the reserve components thereof'' are omitted as
surplusage.
1983 -- Subsec. (a). Pub. L. 98-94 amended subsec. (a) generally,
substituting a reference to service in the armed forces for a total
initial period of not less than six years nor more than eight years
under prescribed regulations for the prior reference to service in the
armed forces for a total of six years.
1980 -- Subsec. (a). Pub. L. 96-513, substituted ''Secretary of
Transportation'' for ''Secretary of the Treasury'', and ''section
6(d)(1) of the Military Selective Service Act (50 U.S.C. App.
456(d)(1))'' for ''section 456(d)(1) of title 50, appendix''.
1979 -- Subsec. (a). Pub. L. 96-107 struck out ''before his
twenty-sixth birthday'' after ''force''.
1977 -- Subsec. (a). Pub. L. 95-79 struck out ''male'' after
''Each'' and ''after August 9, 1955,'' after ''who''.
1966 -- Subsec. (a). Pub. L. 89-718 struck out reference to persons
who enlisted under section 1013 of title 50 in the description of
persons not required to serve in the armed forces for a total of six
years.
1958 -- Subsec. (a). Pub. L. 85-861, 1(12), restricted section to
male persons who became members of the armed forces after Aug. 9, 1955,
excluded persons enlisted under section 1013 of Title 50 or deferred
under the next to last sentence of section 456(d)(1) of Title 50,
Appendix, reduced from eight to six years the required period of
service, required any part of such service that is not active duty or is
active duty for training to be performed in a reserve component, and
struck out provisions which permitted members of the armed forces to
count service in the National Security Training Corps as if it were
service in the armed forces for the purposes of this subsection.
Subsec. (c). Pub. L. 85-861, 36B(3), repealed subsec. (c) which
required members released from active duty to become members of an
organized unit of a reserve component of an officers' training program.
Section 1022(b)(2) of Pub. L. 98-94 provided that: ''The amendment
made by paragraph (1) (amending this section) shall apply only with
respect to persons who enter the Armed Forces 60 or more days after the
date of the enactment of this Act (Sept. 24, 1983).''
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.
Amendment by Pub. L. 96-107 applicable to individuals who become
members of an Armed Force after Nov. 9, 1979, see section 805(c) of
Pub. L. 96-107, set out as a note under section 511 of this title.
Section 803(b) of Pub. L. 95-79 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect on the
first day of the seventh calendar month beginning after the month in
which this Act is enacted (July 1977) and shall apply to any female
person who becomes a member of an Armed Force on or after such day.''
Appointment as officer in armed force instead of transfer to reserve
component, see section 595 of this title.
Enlistment in armed force instead of transfer to reserve component,
see section 512 of this title.
section 182; title 37 section 308e; title 50 App.
section 456.
10 USC 652. Ready Reserves: requirement of notification of change of
status
TITLE 10 -- ARMED FORCES
Under regulations to be prescribed by the Secretary of Defense, and
by the Secretary of Transportation with respect to the Coast Guard when
it is not operating as a service in the Navy, each member of the Ready
Reserve who is not a member of the Selected Reserve shall notify the
Secretary concerned of any change in such member's address, marital
status, number of dependents, or civilian employment and of any change
in such member's physical condition which would prevent him from meeting
the physical or mental standards prescribed for his armed force.
(Added Pub. L. 95-485, title IV, 405(d)(1), Oct. 20, 1978, 92 Stat.
1616.)
10 USC 653. Minimum service requirement for certain flight crew
positions
TITLE 10 -- ARMED FORCES
(a) Pilots. -- The minimum service obligation of any member who
successfully completes training in the armed forces as a pilot shall be
8 years, if the member is trained to fly fixed-wing jet aircraft, or 6
years, if the member is trained to fly any other type of aircraft.
(b) Navigators and Naval Flight Officers. -- The minimum service
obligation of any member who successfully completes training in the
armed forces as a navigator or naval flight officer shall be 6 years.
(c) Definition. -- In this section, the term ''service obligation''
means the period of active duty or, in the case of a member of a reserve
component who completed flight training in an active duty for training
status as a member of a reserve component, the period of service in an
active status in the Selected Reserve required to be served after --
(1) completion of undergraduate pilot training, in the case of
training as a pilot;
(2) completion of undergraduate navigator training, in the case of
training as a navigator; or
(3) completion of undergraduate training as a naval flight officer,
in the case of training as a naval flight officer.
(Added Pub. L. 101-189, div. A, title VI, 634(a)(1), Nov. 29, 1989,
103 Stat. 1454; amended Pub. L. 101-510, div. A, title XIV,
1484(k)(3), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 102-484, div. A,
title V, 506(a), Oct. 23, 1992, 106 Stat. 2404.)
1992 -- Subsecs. (a), (b). Pub. L. 102-484, 506(a)(1), substituted
''service obligation'' for ''active duty obligation''.
Subsec. (c). Pub. L. 102-484, 506(a)(2), substituted ''the term
'service obligation' means the period of active duty or, in the case of
a member of a reserve component who completed flight training in an
active duty for training status as a member of a reserve component, the
period of service in an active status in the Selected Reserve'' for
''the term 'active duty obligation' means the period of active duty''.
1990 -- Subsec. (a). Pub. L. 101-510, 1484(k)(3)(A), substituted
''or'' for ''and'' before ''6 years''.
Subsec. (c). Pub. L. 101-510, 1484(k)(3)(B), inserted a comma after
first reference to ''training'' in pars. (1) and (2) and after first
reference to ''naval flight officer'' in par. (3).
Section 506(b) of Pub. L. 102-484 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect as of
November 29, 1989.''
Section 634(b) of Pub. L. 101-189 provided that:
''(1) Except as provided in paragraphs (2) and (3), section 653 of
title 10, United States Code, as added by subsection (a)(1), shall apply
to persons who begin undergraduate pilot training, undergraduate
navigator training, or undergraduate naval flight officer training, as
the case may be, after September 30, 1990.
''(2) Such section shall apply to persons who graduate from the
United States Military Academy, the United States Naval Academy, the
United States Air Force Academy, and the Coast Guard Academy after
December 31, 1991, and to persons who satisfactorily complete the
academic and military requirements of the Senior Reserve Officers'
Training Corps program (provided for in chapter 103 of title 10, United
States Code) after December 31, 1991.
''(3) The minimum service requirements provided for such section
shall not apply in the case of any person who entered into an agreement
with the Secretary concerned before October 1, 1990, and who is
obligated under the terms of such agreement to serve on active duty for
a period less than the applicable period specified in section 653 of
such title.
''(4) For purposes of this subsection, the term 'Secretary concerned'
has the meaning given that term in section 101(8) of title 10, United
States Code.''
10 USC CHAPTER 38 -- JOINT OFFICER MANAGEMENT
TITLE 10 -- ARMED FORCES
Sec.
661. Management policies for joint specialty officers.
662. Promotion policy objectives for joint officers.
663. Education.
664. Length of joint duty assignments.
665. Procedures for monitoring careers of joint officers.
666. Reserve officers not on the active-duty list.
667. Annual report to Congress.
668. Definitions.
10 USC 661. Management policies for joint specialty officers
TITLE 10 -- ARMED FORCES
(a) Establishment. -- The Secretary of Defense shall establish
policies, procedures, and practices for the effective management of
officers of the Army, Navy, Air Force, and Marine Corps on the
active-duty list who are particularly trained in, and oriented toward,
joint matters (as defined in section 668 of this title). Such officers
shall be identified or designated (in addition to their principal
military occupational specialty) in such manner as the Secretary of
Defense directs. For purposes of this chapter, officers to be managed
by such policies, procedures, and practices are referred to as having,
or having been nominated for, the ''joint specialty''.
(b) Numbers and Selection. -- (1) The number of officers with the
joint specialty shall be determined by the Secretary. Such number shall
be large enough to meet the requirements of subsection (d).
(2) Officers shall be selected for the joint specialty by the
Secretary of Defense with the advice of the Chairman of the Joint Chiefs
of Staff. The Secretaries of the military departments shall nominate
officers for selection for the joint specialty. Nominations shall be
made from among officers --
(A) who meet qualifications prescribed by the Secretary of Defense;
and
(B) who --
(i) are senior captains or, in the case of the Navy, senior
lieutenants; or
(ii) are serving in the grade of major or lieutenant commander or a
higher grade.
(3) The authority of the Secretary of Defense under paragraph (2) to
select officers for the joint specialty may be delegated only to the
Deputy Secretary of Defense.
(c) Education and Experience Requirements. -- (1) An officer who is
nominated for the joint specialty may not be selected for the joint
specialty until the officer --
(A) successfully completes an appropriate program at a joint
professional military education school; and
(B) after completing such program of education, successfully
completes a full tour of duty in a joint duty assignment (as described
in section 664(f) of this title (other than in paragraph (2) thereof)).
(2)(A) An officer (other than a general or flag officer) who has a
military occupational specialty that is a critical occupational
specialty involving combat operations (as designated by the Secretary of
Defense) and who is nominated for the joint specialty may be selected
for the joint specialty after successful completion of a full tour of
duty in a joint duty assignment (as described in section 664(f)(2) of
this title) and successful completion of a program under paragraph
(1)(A).
(B) The Secretary may not for the purposes of this paragraph
designate a military occupational specialty as a critical occupational
specialty involving combat operations unless that occupational specialty
is within the combat arms, in the case of the Army, or the equivalent,
in the case of the Navy, Air Force, and Marine Corps. In determining
for the purposes of this paragraph what military occupational
specialties within the combat arms (or the equivalent) are critical, the
Secretary shall designate as critical any military occupational
specialty experiencing severe shortages of trained officers.
(3)(A) In the case of an officer who has completed both a program of
education referred to in paragraph (1)(A) and a full tour of duty in a
joint duty assignment (as described in section 664(f) of this title
(other than in paragraph (2) thereof)) and is subsequently nominated for
the joint specialty, the Secretary of Defense may waive the requirement
in paragraph (1)(B) that the tour of duty in a joint duty assignment be
performed after the officer completes the program of education if the
Secretary determines that the waiver is necessary in the interests of
sound personnel management.
(B) In the case of an officer who has completed two full tours of
duty in a joint duty assignment (as described in section 664(f) of this
title) and is subsequently nominated for the joint specialty, the
Secretary may waive the requirement that the officer have successfully
completed a program of education referred to in paragraph (1)(A) if the
Secretary determines that --
(i) it would be impractical to require the officer to complete such a
program at the current stage of the officer's career; and
(ii) the types of joint duty assignments completed by the officer
have been of sufficient breadth to prepare the officer adequately for
the joint specialty.
(C) A waiver under subparagraph (A) or (B) may be made only under
unusual circumstances justifying deviation from the conditions
established in paragraph (1) for selection of an officer for the joint
specialty.
(D) The authority of the Secretary of Defense to grant a waiver under
this paragraph may be delegated only to the Deputy Secretary of Defense.
Such a waiver may be granted only on a case-by-case basis in the case
of an individual officer and in the case of a general or flag officer
only under exceptional circumstances in which the waiver is necessary to
meet a critical need of the armed forces, as determined by the Chairman
of the Joint Chiefs of Staff. The total number of waivers granted under
this paragraph for officers in the same pay grade during any fiscal year
may not exceed 10 percent of the total number of officers in that pay
grade selected for the joint specialty during that fiscal year.
(4) For purposes of this chapter, a school that is organized within,
and operated by, a military department may not be construed to be a
joint professional military education school.
(d) Number of Joint Duty Assignments. -- (1) The Secretary of Defense
shall ensure that approximately one-half of the joint duty assignment
positions in grades above captain or, in the case of the Navy,
lieutenant are filled at any time by officers who --
(A) have the joint specialty; or
(B) have been nominated for the joint specialty and --
(i) have successfully completed a program of education referred to in
subsection (c)(1)(A); or
(ii) have a military occupational specialty that is designated under
subsection (c)(2)(A) as a critical occupational specialty involving
combat operations.
(2)(A) The Secretary shall designate not fewer than 1,000 joint duty
assignment positions as critical joint duty assignment positions. Such
designation shall be made by examining each joint duty assignment
position and designating under the preceding sentence those positions
for which, considering the duties and responsibilities of the position,
it is highly important that the occupant be particularly trained in, and
oriented toward, joint matters.
(B) Until January 1, 1994, at least 80 percent of the positions
designated by the Secretary under subparagraph (A) shall be held at all
times by officers who have the joint specialty. On and after January 1,
1994, each position so designated may (subject to subparagraph (C)) be
held only by an officer who has the joint specialty.
(C) The Secretary of Defense may, on a case-by-case basis, waive the
requirement in the second sentence of subparagraph (B) with respect to a
particular assignment of an officer to a position designated as a
critical joint duty assignment position. The authority of the Secretary
to make such a waiver may be delegated only to the Chairman of the Joint
Chiefs of Staff.
(D) During the period beginning on October 1, 1992, and ending on
January 1, 1993, the Secretary of Defense shall submit to Congress a
report on the operation, to the date of the report, of the first
sentence of subparagraph (B) and on the Secretary's projection for the
use of the waiver authority provided under subparagraph (C), including
the Secretary's estimate of the average annual number of waivers to be
provided under subparagraph (C).
(3)(A) The Secretary shall ensure that, of those joint duty
assignment positions that are filled by general or flag officers, a
substantial portion are among those positions that are designated under
paragraph (2) as critical joint duty assignment positions.
(B) The Secretary shall ensure that, of those positions designated
under paragraph (2) as critical joint duty assignment positions, an
appropriate portion are filled by officers with the joint specialty who
were selected for the joint specialty under subsection (c)(2).
(4) Of the officers serving in joint duty assignment positions
covered by paragraph (1) who are described in subparagraph (A) or (B) of
that paragraph, not more than 25 percent at any time may be officers
described in subparagraph (B)(ii) of that paragraph.
(e) Career Guidelines. -- The Secretary, with the advice of the
Chairman of the Joint Chiefs of Staff, shall establish career guidelines
for officers with the joint specialty. Such guidelines shall include
guidelines for --
(1) selection;
(2) military education;
(3) training;
(4) types of duty assignments; and
(5) such other matters as the Secretary considers appropriate.
(f) Treatment of Certain Service. -- Any service by an officer in the
grade of captain or, in the case of the Navy, lieutenant in a joint duty
assignment shall be considered to be service in a joint duty assignment
for purposes of all laws (including section 619(e)(1) of this title)
establishing a requirement or condition with respect to an officer's
service in a joint duty assignment.
(Added Pub. L. 99-433, title IV, 401(a), Oct. 1, 1986, 100 Stat.
1025; amended Pub. L. 100-180, div. A, title XIII, 1301-1302(b), Dec.
4, 1987, 101 Stat. 1168, 1169; Pub. L. 100-456, div. A, title V, 511,
512(a), 517(a), 518, Sept. 29, 1988, 102 Stat. 1968, 1971; Pub. L.
101-189, div. A, title XI, 1113, 1122, Nov. 29, 1989, 103 Stat. 1554,
1556.)
1989 -- Subsec. (c)(1)(B), (3)(A). Pub. L. 101-189, 1113,
substituted ''(as described in section 664(f) of this title (other than
in paragraph (2) thereof))'' for ''(as described in section 664(f)(1) or
(f)(3) of this title)''.
Subsec. (c)(4). Pub. L. 101-189, 1122, added par. (4).
1988 -- Subsec. (c)(3)(D). Pub. L. 100-456, 511, inserted ''for
officers in the same pay grade'' after ''under this paragraph'',
substituted ''10 percent'' for ''5 percent'', and inserted ''in that pay
grade'' after ''numbers of officers''.
Subsec. (d)(2). Pub. L. 100-456, 512(a), designated existing
provisions as subpar. (A), struck out sentence at end which directed
that each position so designated by the Secretary could be held only by
an officer who had the joint specialty, and added subpars. (B) to (D).
Subsec. (d)(4). Pub. L. 100-456, 517(a), substituted ''25 percent''
for ''one-third''.
Subsec. (f). Pub. L. 100-456, 518, added subsec. (f).
1987 -- Subsec. (b)(3). Pub. L. 100-180, 1301(a)(1), added par.
(3).
Subsec. (c)(1)(B). Pub. L. 100-180, 1301(b)(1), inserted ''(as
described in section 664(f)(1) or (f)(3) of this title)'' after ''joint
duty assignment''.
Subsec. (c)(2)(A). Pub. L. 100-180, 1301(b)(2)(A)-(C), designated
existing provisions as subpar. (A), substituted ''An officer (other
than a general or flag officer) who has a military occupational
specialty that is'' for ''An officer who has'' and ''full tour of duty
in a joint duty assignment (as described in section 664(f)(2) of this
title)'' for ''joint duty assignment of not less than two years'', and
struck out provisions that an officer selected for the joint specialty
complete generally applicable requirements for selection under par.
(1)(B) as soon as practicable after such officer's selection.
Subsec. (c)(2)(B). Pub. L. 100-180, 1301(b)(2)(D), added subpar.
(B).
Subsec. (c)(3). Pub. L. 100-180, 1301(b)(3), added par. (3).
Subsec. (d)(1). Pub. L. 100-180, 1302(a)(1), added subpars. (A) and
(B) and substituted ''by officers who -- '' for ''by officers who have
(or have been nominated for) the joint specialty.'' in introductory
provisions.
Subsec. (d)(2) to (4). Pub. L. 100-180, 1302(b), added pars. (2)
to (4) and struck out former par. (2) which read as follows: ''The
Secretary of Defense shall designate not fewer than 1,000 joint duty
assignment positions as critical joint duty assignment positions. Each
such position shall be held only by an officer with the joint
specialty.''
Pub. L. 102-484, div. A, title IV, 404, Oct. 23, 1992, 106 Stat.
2398, provided that:
''(a) Study. -- The Secretary of Defense shall conduct a study of
whether joint organizations of the Department of Defense are fully
staffed with the appropriate number of general and flag officers. For
such purpose, the Secretary, as part of the study, shall --
''(1) identify and validate requirements for general and flag officer
joint positions;
''(2) evaluate the process of reallocating general and flag officer
positions when either new joint duty position requirements are
identified or requirements for existing joint duty positions are
terminated; and
''(3) evaluate the process of identifying and assigning general and
flag officers to joint positions.
''(b) Report. -- Not later than one year after the date of the
enactment of this Act (Oct. 23, 1992), the Secretary shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the results of the study. The report shall include --
''(1) the findings, conclusions, and recommendations of the study;
''(2) a description of any actions taken by the Secretary based on
the results of the study; and
''(3) any recommendations for legislation that the Secretary
considers appropriate based on the results of the study.''
Section 406(a)-(c) of Pub. L. 99-433, as amended by Pub. L.
100-456, div. A, title V, 516, Sept. 29, 1988, 102 Stat. 1971,
provided that:
''(a) Joint Duty Assignments. -- (1) Section 661(d) of title 10,
United States Code, shall be implemented as rapidly as possible and
(except as provided under paragraph (2)) not later than October 1, 1989.
''(2) The first sentence of section 661(d)(2)(B) of such title shall
apply with respect to positions designated under the first sentence of
section 661(d)(2)(A) of that title as critical joint duty assignment
positions which become vacant after January 1, 1989.
''(b) Joint Specialty. --
''(1) Initial selections. -- (A) In making the initial selections of
officers for the joint specialty under section 661 of title 10, United
States Code (as added by section 401 of this Act), the Secretary of
Defense may waive the requirement of either subparagraph (A) or (B) (but
not both) of subsection (c)(1) of such section in the case of any
officer in a grade above captain or, in the case of the Navy,
lieutenant.
''(B) In applying such subparagraph (B) to the initial selections of
officers for the joint specialty, the Secretary may in the case of any
officer --
''(i) waive the requirement that a joint duty assignment be served
after the officer has completed an appropriate program at a joint
professional military education school;
''(ii) waive the requirement for the length of a joint duty
assignment in the case of a joint duty assignment begun by an officer
before January 1, 1987, if the officer served in that assignment for a
period of sufficient duration (which may not be less than 12 months) to
have been considered a full tour of duty under the policies and
regulations in effect on September 30, 1986; or
''(iii) consider as a joint duty assignment any tour of duty begun by
an officer before October 1, 1986, that involved significant experience
in joint matters (as determined by the Secretary) if the officer served
in that assignment for a period of sufficient duration (which may not be
less than 12 months) for his service to have been considered a full tour
of duty under the policies and regulations in effect on September 30,
1986.
''(C) A waiver under subparagraph (A) of this paragraph or under any
provision of subparagraph (B) of this paragraph may only be made on a
case-by-case basis.
''(D) The authority of the Secretary of Defense to grant a waiver
under subparagraph (A) or (B) of this paragraph may be delegated only to
the Deputy Secretary of Defense.
''(2) Requirement for high standards. -- In exercising the authority
provided by paragraph (1), the Secretary of Defense shall ensure that
the highest standards of performance, education, and experience are
established and maintained for officers selected for the joint
specialty.
''(3) Sunset. -- The authority provided by paragraph (1) shall expire
on October 1, 1989.
''(c) Career Guidelines. -- The career guidelines required to be
established by section 661(e) of such title, the procedures required to
be established by section 665(a) of such title, and the personnel
policies required to be established by section 666 of such title (as
added by section 401) shall be established not later than the end of the
eight-month period beginning on the date of the enactment of this Act
(Oct. 1, 1986). The provisions of section 665(b) of such title shall be
implemented not later than the end of such period.''
10 USC 662. Promotion policy objectives for joint officers
TITLE 10 -- ARMED FORCES
(a) Qualifications. -- The Secretary of Defense shall ensure that the
qualifications of officers assigned to joint duty assignments are such
that --
(1) officers who are serving on, or have served on, the Joint Staff
are expected, as a group, to be promoted to the next higher grade at a
rate not less than the rate for officers of the same armed force in the
same grade and competitive category who are serving on, or have served
on, the headquarters staff of their armed force;
(2) officers who have the joint specialty are expected, as a group,
to be promoted at a rate not less than the rate for officers of the same
armed force in the same grade and competitive category who are serving
on, or have served on, the headquarters staff of their armed force; and
(3) officers who are serving in, or have served in, joint duty
assignments (other than officers covered in paragraphs (1) and (2)) are
expected, as a group, to be promoted to the next higher grade at a rate
not less than the rate for all officers of the same armed force in the
same grade and competitive category.
(b) Report. -- The Secretary of Defense shall periodically (and not
less often than every six months) report to Congress on the promotion
rates of officers who are serving in, or have served in, joint duty
assignments, especially with respect to the record of officer selection
boards in meeting the objectives of clauses (1), (2), and (3) of
subsection (a). If such promotion rates fail to meet such objectives,
the Secretary shall include in the periodic report required by this
subsection information on such failure and on what action the Secretary
has taken or plans to take to prevent further failures.
(Added Pub. L. 99-433, title IV, 401(a), Oct. 1, 1986, 100 Stat.
1026; amended Pub. L. 100-456, div. A, title V, 513, Sept. 29, 1988,
102 Stat. 1969; Pub. L. 101-510, div. A, title XIII, 1311(3), Nov. 5,
1990, 104 Stat. 1669.)
1990 -- Subsec. (b). Pub. L. 101-510 substituted ''the Secretary
shall include in the periodic report required by this subsection
information on such failure and on'' for ''the Secretary shall
immediately notify Congress of such failure and of''.
1988 -- Subsec. (a)(1), (3). Pub. L. 100-456 inserted ''to the next
higher grade'' after ''promoted''.
10 USC 663. Education
TITLE 10 -- ARMED FORCES
(a) Capstone Course for New General and Flag Officers. -- (1) Each
officer selected for promotion to the grade of brigadier general or, in
the case of the Navy, rear admiral (lower half) shall be required, after
such selection, to attend a military education course designed
specifically to prepare new general and flag officers to work with the
other armed forces.
(2) Subject to paragraph (3), the Secretary of Defense may waive
paragraph (1) --
(A) in the case of an officer whose immediately previous assignment
was in a joint duty assignment and who is thoroughly familiar with joint
matters;
(B) when necessary for the good of the service;
(C) in the case of an officer whose proposed selection for promotion
is based primarily upon scientific and technical qualifications for
which joint requirements do not exist (as determined under regulations
prescribed under section 619(e)(4) of this title); and
(D) in the case of a medical officer, dental officer, veterinary
officer, medical service officer, nurse, biomedical science officer, or
chaplain.
(3) The authority of the Secretary of Defense to grant a waiver under
paragraph (2) may only be delegated to the Deputy Secretary of Defense,
an Under Secretary of Defense, or an Assistant Secretary of Defense.
Such a waiver may be granted only on a case-by-case basis in the case of
an individual officer.
(b) Joint Military Education Schools. -- The Secretary of Defense,
with the advice and assistance of the Chairman of the Joint Chiefs of
Staff, shall periodically review and revise the curriculum of each
school of the National Defense University (and of any other joint
professional military education school) to enhance the education and
training of officers in joint matters. The Secretary shall require such
schools to maintain rigorous standards for the military education of
officers with the joint specialty.
(c) Other Professional Military Education Schools. -- The Secretary
of Defense shall require that each Department of Defense school
concerned with professional military education periodically review and
revise its curriculum for senior and intermediate grade officers in
order to strengthen the focus on --
(1) joint matters; and
(2) preparing officers for joint duty assignments.
(d) Post-Education Duty Assignments. -- The Secretary of Defense
shall ensure that --
(1) unless waived by the Secretary in an individual case, each
officer with the joint specialty who graduates from a joint professional
military education school shall be assigned to a joint duty assignment
for that officer's next duty assignment; and
(2) a high proportion (which shall be greater than 50 percent) of the
other officers graduating from a joint professional military education
school also receive assignments to a joint duty assignment as their next
duty assignment.
(e) Duration of Principal Course of Instruction at Armed Forces Staff
College. -- (1) The duration of the principal course of instruction
offered at the Armed Forces Staff College may not be less than three
months.
(2) In this subsection, the term ''principal course of instruction''
means any course of instruction offered at the Armed Forces Staff
College as Phase II joint professional military education.
(Added Pub. L. 99-433, title IV, 401(a), Oct. 1, 1986, 100 Stat.
1027; amended Pub. L. 101-189, div. A, title XI, 1123(c)(1), Nov. 29,
1989, 103 Stat. 1557; Pub. L. 102-190, div. A, title IX, 912(a), Dec.
5, 1991, 105 Stat. 1452.)
1991 -- Subsec. (e). Pub. L. 102-190 designated existing provisions
as par. (1) and added par. (2).
1989 -- Subsec. (e). Pub. L. 101-189 added subsec. (e).
Section 912(b) of Pub. L. 102-190, as amended by Pub. L. 102-484,
div. A, title IX, 921, Oct. 23, 1992, 106 Stat. 2473, provided that:
''The amendment made by subsection (a)(2) (amending this section) shall
not apply with respect to the Armed Forces Staff College until January
1, 1994.''
Section 1123(c)(2) of Pub. L. 101-189 provided that: ''Subsection
(e) of such section, as added by paragraph (1), shall be implemented by
the Secretary of Defense not later than two years after the date of the
enactment of this Act (Nov. 29, 1989).''
Section 406(d) of Pub. L. 99-433 provided that:
''(1) Capstone course. -- Subsection (a) of section 663 of such title
(10 U.S.C. 663(a)) (as added by section 401) shall apply with respect to
officers selected in reports of officer selection boards submitted to
the Secretary concerned after the end of the 120-day period beginning on
the date of the enactment of this Act (Oct. 1, 1986).
''(2) Review of military education schools. -- (A) The first review
under subsections (b) and (c) of such section shall be completed not
later than 120 days after the date of the enactment of this Act. The
Secretary of Defense shall submit to Congress a report on the results of
the review at each Department of Defense school not later than 60 days
thereafter.
''(B) Such subsections shall be implemented so that the revised
curricula take effect with respect to courses beginning after July 1987.
''(3) Post-education duty assignments. -- Subsection (d) of such
section shall take effect with respect to classes graduating from joint
professional military education schools after January 1987.''
10 USC 664. Length of joint duty assignments
TITLE 10 -- ARMED FORCES
(a) General Rule. -- The length of a joint duty assignment --
(1) for general and flag officers shall be not less than two years;
and
(2) for other officers shall be not less than three years.
(b) Waiver Authority. -- The Secretary of Defense may waive
subsection (a) in the case of any officer.
(c) Initial Assignment of Officers With Critical Occupational
Specialties. -- The Secretary may for purposes of section 661(c)(2) of
this title authorize a joint duty assignment of less than the period
prescribed by subsection (a), but not less than two years, without the
requirement for a waiver under subsection (b) in the case of an officer
--
(1) who is nominated for the joint specialty;
(2) who has a military occupational specialty designated under
section 661(c)(2) of this title as a critical occupational specialty;
and
(3) for whom such joint duty assignment is the initial joint duty
assignment.
(d) Exclusions From Tour Length. -- The Secretary of Defense may
exclude the following service from the standards prescribed in
subsection (a):
(1) Service in a joint duty assignment in which the full tour of duty
in the assignment is not completed by the officer because of --
(A) retirement;
(B) release from active duty;
(C) suspension from duty under section 155(f)(2) or 164(g) of this
title; or
(D) a qualifying reassignment (as described in subsection (g)(4)).
(2) Service in a joint duty assignment outside the United States or
in Alaska or Hawaii which is less than the applicable standard
prescribed in subsection (a).
(3) Service in a joint duty assignment in a case in which --
(A) the officer's tour of duty in that assignment brings the
officer's cumulative service for purposes of subsection (f)(3) to the
applicable standard prescribed in subsection (a); and
(B) the length of time served in that assignment (in any case other
than an assignment which is described in subsection (g)(4)(B)) was not
less than two years.
(e) Average Tour Lengths. -- (1) The Secretary shall ensure that the
average length of joint duty assignments during any fiscal year (after
fiscal year 1990), measured by the lengths of the joint duty assignments
ending during that fiscal year, meets the standards prescribed in
subsection (a).
(2) In computing the average length of joint duty assignments for
purposes of paragraph (1), the Secretary may exclude the following
service:
(A) Service described in subsection (c), except that not more than 12
1/2 percent of all joint duty assignments shown on the list published
pursuant to section 668(b)(2)(A) of this title may be so excluded in any
year.
(B) Service described in subsection (d).
(f) Full Tour of Duty. -- An officer shall be considered to have
completed a full tour of duty in a joint duty assignment upon completion
of --
(1) a joint duty assignment that meets the standards prescribed in
subsection (a);
(2) a joint duty assignment under the circumstances described in
subsection (c);
(3) cumulative service in joint duty assignments as described in
subsection (g);
(4) a joint duty assignment outside the United States or in Alaska or
Hawaii for which the normal accompanied-by-dependents tour of duty is
prescribed by regulation to be at least two years in length, if the
officer serves in the assignment for a period equivalent to the
accompanied-by-dependents tour length (except that not more than 6
percent of all joint duty assignments may be considered to be under this
paragraph at any time); or
(5) a joint duty assignment with respect to which the Secretary of
Defense has granted a waiver under subsection (b), but only in a case in
which the Secretary determines that the service completed by that
officer in that duty assignment shall be considered to be a full tour of
duty in a joint duty assignment.
(g) Cumulative Credit. -- (1) Cumulative service for purposes of
subsection (f)(3) is service in joint duty assignments which totals in
length not less than the applicable standard prescribed in subsection
(a) and which includes at least one tour of duty in a joint duty
assignment that --
(A) was performed outside the United States or in Alaska or Hawaii;
or
(B) was terminated because of a qualifying reassignment (as described
in paragraph (4)).
(2) In computing cumulative service of an officer in joint duty
assignments for purposes of paragraph (1), a tour of duty of the officer
in a joint duty assignment other than a tour of duty specified in
subparagraph (A) or (B) of paragraph (1) may not be counted unless the
officer served at least two years in the assignment. The prohibition on
counting certain tours of duty in the preceding sentence does not apply
to a joint duty assignment which follows a reassignment described in
paragraph (4)(B).
(3) In computing the cumulative service of an officer in joint duty
assignments for purposes of paragraph (1), a tour of duty in a joint
duty assignment shall be excluded if the officer served less than 10
months in that assignment.
(4) For purposes of paragraph (1)(B), a qualifying reassignment is a
reassignment of an officer from a joint duty assignment --
(A) for unusual personal reasons (including extreme hardship and
medical conditions) beyond the control of the officer or the armed
forces; or
(B) to another joint duty assignment immediately after --
(i) the officer was promoted to a higher grade if the reassignment
was made because no joint duty assignment was available within the same
organization that was commensurate with the officer's new grade; or
(ii) the officer's position was eliminated in a reorganization.
(h) Constructive Credit. -- (1) The Secretary of Defense may accord
constructive credit in the case of an officer (other than a general or
flag officer) who, for reasons of military necessity, is reassigned from
a joint duty assignment within 60 days of meeting the tour length
criteria prescribed in subsection (f)(1), (f)(2), (f)(4), or (g)(2).
The amount of constructive service that may be credited to such officer
shall be the amount sufficient for the completion of the applicable tour
of duty requirement, but in no case more than 60 days.
(2) For the purpose of computing under subsection (e) the average
length of joint duty assignments during a fiscal year, the amount of any
constructive service credited under this subsection with respect to a
joint duty assignment to be counted in that computation shall be
excluded.
(3) This subsection shall not apply in the case of an officer who
serves less than 10 months in the joint duty assignment.
(Added Pub. L. 99-433, title IV, 401(a), Oct. 1, 1986, 100 Stat.
1028; amended Pub. L. 100-180, div. A, title XIII, 1303(a), Dec. 4,
1987, 101 Stat. 1170; Pub. L. 100-456, div. A, title V, 514, 517(b),
Sept. 29, 1988, 102 Stat. 1969, 1971.)
1988 -- Subsec. (a)(1). Pub. L. 100-456, 514(1)(A), substituted
''two years'' for ''three years''.
Subsec. (a)(2). Pub. L. 100-456, 514(1)(B), substituted ''three
years'' for ''three and one-half years''.
Subsec. (c)(1). Pub. L. 100-456, 514(2), substituted ''is'' for
''has been'' and struck out ''before such assignment begins'' after
''specialty''.
Subsec. (d)(2). Pub. L. 100-456, 514(3), inserted ''which is less
than the applicable standard prescribed in subsection (a)'' after
''Hawaii''.
Subsec. (e)(2)(A). Pub. L. 100-456, 517(b), substituted ''12 1/2
percent'' for ''10 percent''.
Subsec. (f)(4), (5). Pub. L. 100-456, 514(4), added pars. (4) and
(5).
Subsec. (g)(3). Pub. L. 100-456, 514(5), substituted ''shall be
excluded if the officer served less than 10 months in that assignment''
for ''shall be excluded --
''(A) if the officer served less than 10 months in that assignment;
and
''(B) to the extent that the assignment was served more than eight
years before the date of computation of the cumulative service.''
Subsec. (h). Pub. L. 100-456, 514(6), added subsec. (h).
1987 -- Subsec. (b). Pub. L. 100-180 added subsec. (b) and struck
out former subsec. (b) which read as follows: ''The Secretary of
Defense may waive subsection (a) in the case of any officer, but the
Secretary shall ensure that the average length of joint duty assignments
meets the standards prescribed in that subsection.''
Subsec. (c). Pub. L. 100-180 added subsec. (c) and struck out former
subsec. (c), ''Certain officers with critical combat operations
skills'', which read as follows: ''Joint duty assignments of less than
the period prescribed by subsection (a), but not less than two years,
may be authorized for the purposes of section 661(c)(2) of this title.
Such an assignment may not be counted for the purposes of determining
the average length of joint duty assignments under subsection (b).''
Subsec. (d). Pub. L. 100-180 added subsec. (d) and struck out former
subsec. (d), ''Exception'', which read as follows:
''(1) Subsection (a) does not apply in the case of an officer who
fails to complete a joint duty assignment as the result of --
''(A) retirement;
''(B) separation from active duty; or
''(C) suspension from duty under section 155(f)(2) or 164(g) of this
title.
''(2) In computing the average length of joint duty assignments for
purposes of this section, the Secretary of Defense shall exclude joint
duty assignments not completed because of a reason specified in
paragraph (1).''
Subsecs. (e) to (g). Pub. L. 100-180 added subsecs. (e) to (g).
Pub. L. 102-484, div. A, title IX, 933, Oct. 23, 1992, 106 Stat.
2476, provided that:
''(a) Authority To Give Joint Duty Credit. -- (1) The Secretary of
Defense, in consultation with the Chairman of the Joint Chiefs of Staff,
may give an officer who has completed service described in paragraph (2)
credit for having completed a full tour of duty in a joint duty
assignment, or credit countable for determining cumulative service in
joint duty assignments, for the purposes of chapter 38 of title 10,
United States Code, notwithstanding the length of such service or
whether that service is within the definition of 'joint duty assignment'
in section 668 of title 10, United States Code.
''(2) Service referred to in paragraph (1) is service performed by an
officer, any portion of which took place during the period beginning on
August 2, 1990, and ending on February 28, 1991, in an assignment in the
Persian Gulf combat zone that (as determined by the Secretary of
Defense) provided significant experience in joint matters.
''(3) The Secretary, after consultation with the Chairman of the
Joint Chiefs of Staff, may give credit for service in a joint duty
assignment under paragraph (1) in the case of an officer recommended for
such credit by the Chief of Staff of the Army (for officers in the
Army), the Chief of Naval Operations (for officers in the Navy), the
Chief of Staff of the Air Force (for officers in the Air Force), and the
Commandant of the Marine Corps (for officers in the Marine Corps). Any
such credit shall be granted by the Secretary on a case-by-case basis.
''(4) The Secretary of Defense shall establish uniform criteria for
defining the standards to be used in determining whether to give an
officer credit for service in a joint duty assignment under paragraph
(1). Such criteria shall be consistent with the congressional
declarations of policy in section 2 of the National Security Act of 1947
(50 U.S.C. 401) and section 3 of the Goldwater-Nichols Department of
Defense Reorganization Act of 1986 (Pub. L. 99-433) (10 U.S.C. 111
note). The criteria shall include standards to be used in determining
whether to give an officer credit for completion of a full tour of duty,
or credit countable for determining cumulative service, in a joint duty
assignment. Such criteria may not result in the extension of
eligibility for joint duty credit under this section to all officers in
a specified category of officers that exists other than for reasons of
this section.
''(b) Inapplicability of Certain Reporting and Policy Requirements.
-- (1) Officers for whom joint duty credit is granted pursuant to
subsection (a) shall not be counted for the purposes of paragraphs (7),
(8), (9), (11), or (12) of section 667 of title 10, United States Code,
and subsections (a)(3) and (b) of section 662 of such title.
''(2) In the case of an officer for whom credit for completion of a
full tour of duty in a joint duty assignment is granted pursuant to
subsection (a), the Secretary of Defense may waive the requirement in
paragraph (1)(B) of section 661(c) of title 10, United States Code,
that, for purposes of nomination to the joint specialty under chapter 38
of such title, a full tour of duty in a joint duty assignment be
performed after the officer completes a program of education referred to
in paragraph (1)(A) of that section.
''(c) Information To Be Included in Next Annual Report. -- The joint
specialty report of the Secretary of Defense under section 667 of title
10, United States Code(,) for fiscal year 1993 shall include the
following information (which shall be shown for the Department of
Defense as a whole and separately for the Army, Navy, Air Force, and
Marine Corps):
''(1) The number of officers granted credit for a joint duty
assignment pursuant to subsection (a).
''(2) Of such officers, the number granted credit for a full tour of
duty in a joint duty assignment pursuant to subsection (a) and the
number granted credit for a joint duty assignment that is not treated as
a full tour of duty.
''(3) Of the officers granted credit for a joint duty assignment
pursuant to subsection (a), the number in each grade and each
occupational specialty.
''(d) Definitions. -- For purposes of this section:
''(1) The term 'joint matters' has the meaning given such term in
section 668(a) of title 10, United States Code.
''(2) The term 'Persian Gulf combat zone' means the area designated
by the President as the combat zone for Operation Desert Shield,
Operation Desert Storm, and related operations for purposes of section
112 of the Internal Revenue Code of 1986 (26 U.S.C. 112).
''(3) The term 'joint specialty report' means that part of the annual
report of the Secretary of Defense submitted to Congress under section
113(c) of title 10, United States Code, that is included in such report
pursuant to section 667 of title 10, United States Code.
''(e) Duration of Authority. -- The authority of the Secretary of
Defense under this section expires at the end of the six-month period
beginning on the date of the enactment of this Act (Oct. 23, 1992).''
Section 406(e) of Pub. L. 99-433 provided that: ''Subsection (a) of
section 664 of title 10, United States Code (as added by section 401),
shall apply to officers assigned to joint duty assignments after the end
of the 90-day period beginning on the date of the enactment of this Act
(Oct. 1, 1986). In computing an average under subsection (b) of such
section, only joint duty assignments to which such subsection applies
shall be considered.''
For waiver of the requirements of this section for the length of a
joint duty assignment, see section 532(c) of Pub. L. 99-433, set out as
a note under section 3033 of this title.
10 USC 665. Procedures for monitoring careers of joint officers
TITLE 10 -- ARMED FORCES
(a) Procedures. -- (1) The Secretary of Defense, with the advice of
the Chairman of the Joint Chiefs of Staff, shall establish procedures
for overseeing the careers of --
(A) officers with the joint specialty; and
(B) other officers who serve in joint duty assignments.
(2) Such oversight shall include monitoring of the implementation of
the career guidelines established under section 661(e) of this title.
(b) Function of Joint Staff. -- The Secretary shall take such action
as necessary to enhance the capabilities of the Joint Staff so that it
can --
(1) monitor the promotions and career assignments of officers with
the joint specialty and of other officers who have served in joint duty
assignments; and
(2) otherwise advise the Chairman on joint personnel matters.
(Added Pub. L. 99-433, title IV, 401(a), Oct. 1, 1986, 100 Stat.
1028.)
Procedures under subsec. (a) of this section to be established not
later than the end of the eight-month period beginning Oct. 1, 1986,
and provisions of subsec. (b) of this section to be implemented not
later than the end of such period, see section 406(c) of Pub. L.
99-433, set out as a note under section 661 of this title.
10 USC 666. Reserve officers not on the active-duty list
TITLE 10 -- ARMED FORCES
The Secretary of Defense shall establish personnel policies
emphasizing education and experience in joint matters for reserve
officers not on the active-duty list. Such policies shall, to the
extent practicable for the reserve components, be similar to the
policies provided by this chapter.
(Added Pub. L. 99-433, title IV, 401(a), Oct. 1, 1986, 100 Stat.
1028.)
Personnel policies under this section to be established not later
than the end of the eight-month period beginning Oct. 1, 1986, see
section 406(c) of Pub. L. 99-433, set out as a note under section 661
of this title.
10 USC 667. Annual report to Congress
TITLE 10 -- ARMED FORCES
The Secretary of Defense shall include in the annual report of the
Secretary to Congress under section 113(c) of this title, for the period
covered by the report, the following information (which shall be shown
for the Department of Defense as a whole and separately for the Army,
Navy, Air Force, and Marine Corps):
(1) The number of officers selected for the joint specialty and their
education and experience.
(2) The military occupational specialties within each of the armed
forces that have been designated as critical occupational specialties
under section 661(c)(2) of this title, separately identifying those
specialties for which there is a severe shortage of trained officers,
together with an explanation of how those specialties meet the criteria
for that designation in section 661(c)(2)(B) of this title.
(3) The number of officers on the active-duty list with a military
occupational specialty designated under section 661(c)(2) of this title
as a critical occupational specialty who --
(A) have been nominated for the joint specialty;
(B) have been nominated for the joint specialty and are serving in a
joint duty assignment;
(C) have completed a joint duty assignment and are attending an
appropriate program at a joint professional military education school;
(D) have completed an appropriate program at a joint professional
military education school;
(E) have been selected for the joint specialty; and
(F) have served, or are serving in, a second joint duty assignment
after being selected for the joint specialty, with the number of such
officers who have served, or are serving, in a critical joint duty
assignment shown separately for general and flag officers, and for all
other officers.
(4) For each fiscal year --
(A) the number of officers nominated for the joint specialty and, of
those, the number who have a military occupational specialty designated
as a critical occupational specialty; and
(B) a comparison of the number of officers who have the joint
specialty who qualified for the joint specialty under section 661(c)(1)
of this title with the number of officers who have the joint specialty
who were selected for the joint specialty under section 661(c)(2) of
this title.
(5) The promotion rate for officers considered for promotion from
within the promotion zone who are serving on the Joint Staff compared
with the promotion rate for other officers considered for promotion from
within the promotion zone in the same pay grade and the same competitive
category, shown for all officers of the armed force and for officers
serving on the headquarters staff of the armed force concerned.
(6) The promotion rate for officers with the joint specialty,
compared in the same manner as specified in paragraph (5).
(7) The promotion rate for other officers who are serving in joint
duty assignments, compared in the same manner as specified in paragraph
(5).
(8) The promotion rate for officers considered for promotion from
below the promotion zone, shown for officers serving on the Joint Staff,
officers with the joint specialty, and other officers serving in joint
duty assignments, compared in the same manner as specified in paragraph
(5).
(9) The promotion rate for officers considered for promotion from
above the promotion zone, shown for officers serving on the Joint Staff,
officers with the joint specialty, and other officers serving in joint
duty assignments, compared in the same manner as specified in paragraph
(5).
(10) An analysis of assignments of officers after selection for the
joint specialty.
(11) The average length of tours of duty in joint duty assignments --
(A) for general and flag officers, shown separately for assignments
to the Joint Staff and other joint duty assignments; and
(B) for other officers, shown separately for assignments to the Joint
Staff and other joint duty assignments.
(12) The number of times, in the case of each category of exclusion,
that service in a joint duty assignment was excluded in computing the
average length of joint duty assignments.
(13) In any case in which the information under paragraphs (5)
through (9) shows a significant imbalance between officers serving in
joint duty assignments or having the joint specialty and other officers,
a description of what action has been taken (or is planned to be taken)
by the Secretary to correct the imbalance.
(14) An analysis of the extent to which the Secretary of each
military department is providing officers to fill that department's
share (as determined by law or by the Secretary of Defense) of Joint
Staff and other joint duty assignments, including the reason for any
significant failure by a military department to fill its share of such
positions and a discussion of the actions being taken to correct the
shortfall.
(15) The number of times a waiver authority was exercised under this
chapter (or under any other provision of law which permits the waiver of
any requirement relating to joint duty assignments) and in the case of
each such authority --
(A) whether the authority was exercised for a general or flag
officer;
(B) an analysis of the reasons for exercising the authority; and
(C) the number of times in which action was taken without exercise of
the waiver authority compared with the number of times waiver authority
was exercised (in the case of each waiver authority under this chapter
or under any other provision of law which permits the waiver of any
requirement relating to joint duty assignments).
(16) During the period of the applicability of the first sentence of
subparagraph (B) of section 661(d)(2) of this title, information on
critical positions not filled by officers with the joint specialty,
including --
(A) a listing by organization of the joint duty assignment positions
which were not filled by officers with the joint specialty;
(B) an explanation of the reasons such positions were not filled by
officers with the joint specialty, described by the categories of such
reasons; and
(C) the percentage of critical joint duty assignment positions held
by officers who have the joint specialty.
(17) With regard to each time the principal course of instruction at
the Armed Forces Staff College is offered --
(A) the number of officers selected to attend that course who did not
first complete while in residence at a professional military education
school operated by a military department the principal course of
instruction offered at that school;
(B) the number of those officers as a percentage of all officers who
attended that course of instruction at the Armed Forces Staff College;
(C) a description of the different reasons why officers were selected
to attend that course without first attending the principal course of
instruction offered at a professional military education school operated
by a military department; and
(D) the number of officers so selected for each such reason.
(18) Such other information and comparative data as the Secretary of
Defense considers appropriate to demonstrate the performance of the
Department of Defense and the performance of each military department in
carrying out this chapter.
(Added Pub. L. 99-433, title IV, 401(a), Oct. 1, 1986, 100 Stat.
1029; amended Pub. L. 100-180, div. A, title XIII, 1304(a), Dec. 4,
1987, 101 Stat. 1172; Pub. L. 100-456, div. A, title V, 512(b), Sept.
29, 1988, 102 Stat. 1968; Pub. L. 101-189, div. A, title XI, 1123(d),
Nov. 29, 1989, 103 Stat. 1557.)
1989 -- Pars. (17), (18). Pub. L. 101-189 added par. (17) and
redesignated former par. (17) as (18).
1988 -- Pars. (16), (17). Pub. L. 100-456 added par. (16) and
redesignated former par. (16) as (17).
1987 -- Par. (2). Pub. L. 100-180, 1304(a)(1), (2), added par. (2)
and redesignated former par. (2) as (5).
Par. (3). Pub. L. 100-180, 1304(a)(1), (2), added par. (3) and
redesignated former par. (3) as (6).
Par. (4). Pub. L. 100-180, 1304(a)(1), (2), added par. (4) and
redesignated former par. (4) as (7).
Par. (5). Pub. L. 100-180, 1304(a)(1), redesignated former par. (2)
as (5) and former par. (5) as (8).
Par. (6). Pub. L. 100-180, 1304(a)(1), (3), redesignated former par.
(3) as (6) and substituted ''paragraph (5)'' for ''paragraph (2)''.
Former par. (6) redesignated (10).
Par. (7). Pub. L. 100-180, 1304(a)(1), (3), redesignated former par.
(4) as (7) and substituted ''paragraph (5)'' for ''paragraph (2)''.
Former par. (7) redesignated (11).
Par. (8). Pub. L. 100-180, 1304(a)(1), (3), redesignated former par.
(5) as (8) and substituted ''paragraph (5)'' for ''paragraph (2)''.
Former par. (8) redesignated (13).
Par. (9). Pub. L. 100-180, 1304(a)(1), (4), added par. (9) and
redesignated former par. (9) as (14).
Par. (10). Pub. L. 100-180, 1304(a)(1), redesignated former par.
(6) as (10). Former par. (10) redesignated (16).
Par. (11). Pub. L. 100-180, 1304(a)(1), redesignated former par.
(7) as (11).
Par. (12). Pub. L. 100-180, 1304(a)(5), added par. (12).
Par. (13). Pub. L. 100-180, 1304(a)(1), (6), redesignated former
par. (8) as (13) and substituted ''paragraphs (5) through (9)'' for
''paragraphs (2) through (5)''.
Par. (14). Pub. L. 100-180, 1304(a)(1), redesignated former par.
(9) as (14).
Par. (15). Pub. L. 100-180, 1304(a)(7), added par. (15).
Par. (16). Pub. L. 100-180, 1304(a)(1), redesignated former par.
(10) as (16).
Section 1304(b) of Pub. L. 100-180 provided that: ''Paragraphs (3)
and (4) of section 667 of title 10, United States Code, as added by
subsection (a), shall apply with respect to fiscal years after fiscal
year 1987.''
10 USC 668. Definitions
TITLE 10 -- ARMED FORCES
(a) Joint Matters. -- In this chapter, the term ''joint matters''
means matters relating to the integrated employment of land, sea, and
air forces, including matters relating to --
(1) national military strategy;
(2) strategic planning and contingency planning; and
(3) command and control of combat operations under unified command.
(b) Joint Duty Assignment. -- (1) The Secretary of Defense shall by
regulation define the term ''joint duty assignment'' for the purposes of
this chapter. That definition shall be limited to assignments in which
the officer gains significant experience in joint matters and shall
exclude --
(A) assignments for joint training or joint education; and
(B) assignments within an officer's own military department.
(2) The Secretary shall publish a list showing --
(A) the positions that are joint duty assignment positions under such
regulation and the number of such positions and, of those positions,
those that are positions held by general or flag officers and the number
of such positions; and
(B) of the positions listed under subparagraph (A), those that are
critical joint duty assignment positions and the number of such
positions and, of those positions, those that are positions held by
general or flag officers and the number of such positions.
(c) Clarification of ''Tour of Duty''. -- For purposes of this
chapter, a tour of duty in which an officer serves in more than one
joint duty assignment within the same organization without a break
between such assignments shall be considered to be a single tour of duty
in a joint duty assignment.
(Added Pub. L. 99-433, title IV, 401(a), Oct. 1, 1986, 100 Stat.
1029; amended Pub. L. 100-180, div. A, title XIII, 1302(c)(1),
1303(b), Dec. 4, 1987, 101 Stat. 1170, 1172; Pub. L. 100-456, div. A,
title V, 519(b), Sept. 29, 1988, 102 Stat. 1972.)
1988 -- Subsecs. (c), (f). Pub. L. 100-456 redesignated subsec.
(f) as (c).
1987 -- Subsec. (b)(2). Pub. L. 100-180, 1302(c)(1), inserted
''and, of those positions, those that are positions held by general or
flag officers and the number of such positions'' in subpars. (A) and
(B).
Subsec. (f). Pub. L. 100-180, 1303(b), added subsec. (f).
Section 1302(c)(2) of Pub. L. 100-180 provided that: ''The
Secretary of Defense shall publish a revised list under section
668(b)(2) of title 10, United States Code, taking into account the
amendments made by this section (amending sections 661 and 668 of this
title), not later than six months after the date of the enactment of
this Act (Dec. 4, 1987).''
The list of positions required to be published by subsec. (b)(2) of
this section to be published not later than six months after Oct. 1,
1986, see section 406(a)(2) of Pub. L. 99-433, set out as a note under
section 661 of this title.
10 USC CHAPTER 39 -- ACTIVE DUTY
TITLE 10 -- ARMED FORCES
Sec.
671. Members not to be assigned outside United States before
completing training.
671a. Members: service extension during war.
671b. Members: service extension when Congress is not in session.
672. Reserve components generally.
673. Ready Reserve.
673a. Ready Reserve: members not assigned to, or participating
satisfactorily in, units.
673b. Selected Reserve; order to active duty other than during war
or national emergency.
673c. Authority of President to suspend certain laws relating to
promotion, retirement, and separation.
674. Standby Reserve.
675. Retired Reserve.
676. Retention after becoming qualified for retired pay.
677. Reserve officers: use of in expansion of armed forces.
678. Reserves: for organizing, administering, etc., reserve
components.
679. Active duty agreements.
680. Active duty agreements: release from duty.
681. Reserves: release from active duty.
682. Reserves: kinds of duty.
683. Reserves: duty with or without pay.
684. Payment of certain Reserves while on duty.
685. Reserves: theological students; limitations.
686. Reserves on active duty: duties; funding.
687. Ready Reserve: muster duty.
688. Retired members.
689. Reserve officers: grade in which ordered to active duty.
690. Limitation on duty with Reserve Officer Training Corps units.
1991 -- Pub. L. 102-190, div. A, title X, 1061(a)(4)(B), Dec. 5,
1991, 105 Stat. 1472, substituted ''Corps'' for ''Corp'' in item 690.
Pub. L. 102-25, title VII, 701(e)(3), Apr. 6, 1991, 105 Stat. 114,
transferred item 687 ''Limitation on duty with Reserve Officer Training
Corp units'' to appear after item 689 and redesignated that item as 690.
1990 -- Pub. L. 101-510, div. A, title V, 559(a)(2), Nov. 5,
1990, 104 Stat. 1571, added item 687 ''Limitation on duty with Reserve
Officer Training Corp units''.
1989 -- Pub. L. 101-189, div. A, title V, 502(a)(2), Nov. 29,
1989, 103 Stat. 1436, added item 687.
1987 -- Pub. L. 100-180, div. A, title XII, 1231(4), Dec. 4,
1987, 101 Stat. 1160, amended analysis by transferring item 686 from
the end to a position immediately below item 685.
1986 -- Pub. L. 99-661, div. A, title IV, 412(b)(2), Nov. 14,
1986, 100 Stat. 3862, added item 686 at end of analysis.
1983 -- Pub. L. 98-94, title X, 1017(b)(4), 1021(b), Sept. 24,
1983, 97 Stat. 669, 670, substituted ''Retired members'' for ''Regular
components: retired members'' in item 688, and added item 673c.
1980 -- Pub. L. 96-513, title V, 501(8), Dec 12, 1980, 94 Stat.
2907, struck out item 687 ''Non-Regulars: readjustment payment upon
involuntary release from active duty'' and added items 688 and 689.
1979 -- Pub. L. 96-107, title III, 303(a)(2), Nov. 9, 1979, 93
Stat. 806, struck out item 686 ''Reports to Congress''.
1976 -- Pub. L. 94-286, 1, May 14, 1976, 90 Stat. 517, added item
673b.
1968 -- Pub. L. 90-235, 1(a)(1)(B), Jan. 2, 1968, 81 Stat. 753,
added items 671a and 671b.
1967 -- Pub. L. 90-40, 6(2), June 30, 1967, 81 Stat. 106, added
item 673a.
1962 -- Pub. L. 87-651, title I, 102(b), Sept. 7, 1962, 76 Stat.
508, added item 687.
1958 -- Pub. L. 85-861, 1(16), Sept. 2, 1958, 72 Stat. 1441,
added items 684 and 685.
Non-regular service, recall to active status of member on inactive
status list, see section 1335 of this title.
Particular provisions relating to active duty --
Air Force, see section 8491 et seq. of this title.
Army, see section 3491 et seq. of this title.
Regulations to carry out this chapter, see section 280 of this title.
Retired pay for non-regular service, limitation on active duty, see
section 1337 of this title.
10 USC 671. Members not to be assigned outside United States before
completing training
TITLE 10 -- ARMED FORCES
(a) A member of the armed forces may not be assigned to active duty
on land outside the United States and its territories and possessions
until the member has completed the basic training requirements of the
armed force of which he is a member.
(b) In time of war or a national emergency declared by Congress or
the President, the period of required basic training (or its equivalent)
may not be less than 12 weeks.
(Aug. 10, 1956, ch. 1041, 70A Stat. 27; Oct. 7, 1975, Pub. L.
94-106, title VIII, 802(b), 89 Stat. 537; Nov. 14, 1986, Pub. L.
99-661, div. A, title V, 501, 100 Stat. 3863.)
The words ''four months of basic training or its equivalent'' are
substituted for the words ''the equivalent of at least four months of
basic training''. The words ''who is enlisted, inducted, appointed, or
ordered to active duty after the date of enactment of the 1951
Amendments to the Universal Military Training and Service Act (June 19,
1951)'' and ''at any installation located'' are omitted as surplusage.
1986 -- Pub. L. 99-661 amended section generally. Prior to
amendment, section read as follows: ''No member of an armed force may
be assigned to active duty on land outside the United States and its
Territories and possessions, until he has had twelve weeks of basic
training or its equivalent.''
1975 -- Pub. L. 94-106 reduced minimum period of basic training from
four months to twelve weeks.
10 USC 671a. Members: service extension during war
TITLE 10 -- ARMED FORCES
Unless terminated at an earlier date by the Secretary concerned, the
period of active service of any member of an armed force is extended for
the duration of any war in which the United States may be engaged and
for six months thereafter.
(Added Pub. L. 90-235, 1(a)(1)(A), Jan. 2, 1968, 81 Stat. 753.)
10 USC 671b. Members: service extension when Congress is not in
session
TITLE 10 -- ARMED FORCES
(a) Notwithstanding any other provision of law, when the President
determines that the national interest so requires, he may, if Congress
is not in session, having adjourned sine die, authorize the Secretary of
Defense to extend for not more than six months enlistments,
appointments, periods of active duty, periods of active duty for
training, periods of obligated service, or other military status, in any
component of the armed forces, that expire before the thirtieth day
after Congress next convenes or reconvenes.
(b) An extension under this section continues until the sixtieth day
after Congress next convenes or reconvenes or until the expiration of
the period of extension specified by the Secretary of Defense, whichever
occurs earlier, unless sooner terminated by law or Executive order.
(Added Pub. L. 90-235, 1(a)(1)(A), Jan. 2, 1968, 81 Stat. 753;
amended Pub. L. 101-189, div. A, title VI, 653(a)(3), Nov. 29, 1989,
103 Stat. 1462.)
1989 -- Subsec. (a). Pub. L. 101-189 substituted ''armed forces''
for ''Armed Forces of the United States''.
10 USC 672. Reserve components generally
TITLE 10 -- ARMED FORCES
(a) In time of war or of national emergency declared by Congress, or
when otherwise authorized by law, an authority designated by the
Secretary concerned may, without the consent of the persons affected,
order any unit, and any member not assigned to a unit organized to serve
as a unit, of a reserve component under the jurisdiction of that
Secretary to active duty (other than for training) for the duration of
the war or emergency and for six months thereafter. However a member on
an inactive status list or in a retired status may not be ordered to
active duty under this subsection unless the Secretary concerned, with
the approval of the Secretary of Defense in the case of the Secretary of
a military department, determines that there are not enough qualified
Reserves in an active status or in the inactive National Guard in the
required category who are readily available.
(b) At any time, an authority designated by the Secretary concerned
may, without the consent of the persons affected, order any unit, and
any member not assigned to a unit organized to serve as a unit, in an
active status in a reserve component under the jurisdiction of that
Secretary to active duty for not more than 15 days a year. However,
units and members of the Army National Guard of the United States or the
Air National Guard of the United States may not be ordered to active
duty under this subsection without the consent of the governor of the
State or Territory or Puerto Rico or the commanding general of the
District of Columbia National Guard, as the case may be.
(c) So far as practicable, during any expansion of the active armed
forces that requires that units and members of the reserve components be
ordered to active duty (other than for training), members of units
organized and trained to serve as units who are ordered to that duty
without their consent shall be so ordered with their units. However,
members of those units may be reassigned after being ordered to active
duty (other than for training).
(d) At any time, an authority designated by the Secretary concerned
may order a member of a reserve component under his jurisdiction to
active duty, or retain him on active duty, with the consent of that
member. However, a member of the Army National Guard of the United
States or the Air National Guard of the United States may not be ordered
to active duty under this subsection without the consent of the governor
or other appropriate authority of the State or Territory, Puerto Rico,
or the District of Columbia, whichever is concerned.
(e) The period of time allowed between the date when a Reserve
ordered to active duty (other than for training) is alerted for that
duty and the date when the Reserve is required to enter upon that duty
shall be determined by the Secretary concerned based upon military
requirements at that time.
(f) The consent of a Governor described in subsections (b) and (d)
may not be withheld (in whole or in part) with regard to active duty
outside the United States, its territories, and its possessions, because
of any objection to the location, purpose, type, or schedule of such
active duty.
(g)(1) A member of a reserve component may be ordered to active duty
without his consent if the Secretary concerned determines that the
member is in a captive status. A member ordered to active duty under
this section may not be retained on active duty, without his consent,
for more than 30 days after his captive status is terminated.
(2) The Secretary of Defense shall prescribe regulations to carry out
this section. Such regulations shall apply uniformly among the armed
forces under the jurisdiction of the Secretary. A determination for the
purposes of this subsection that a member is in a captive status shall
be made pursuant to such regulations.
(3) In this section, the term ''captive status'' means the status of
a member of the armed forces who is in a missing status (as defined in
section 551(2) of title 37) which occurs as the result of a hostile
action and is related to the member's military status.
(Aug. 10, 1956, ch. 1041, 70A Stat. 27; Sept. 2, 1958, Pub. L.
85-861, 1(13), 33(a)(5), 72 Stat. 1440, 1564; Sept. 24, 1980, Pub.
L. 96-357, 6, 94 Stat. 1182; Dec. 23, 1980, Pub. L. 96-584, 1, 94
Stat. 3377; Oct. 18, 1986, Pub. L. 99-500, 101(c) (title IX, 9122),
100 Stat. 1783-82, 1783-127, and Oct. 30, 1986, Pub. L. 99-591, 101(c)
(title IX, 9122), 100 Stat. 3341-82, 3341-127; Nov. 14, 1986, Pub. L.
99-661, div. A, title V, 522, 524(a), 100 Stat. 3871; Sept. 29, 1988,
Pub. L. 100-456, div. A, title XII, 1234(a)(1), (2), 102 Stat. 2059.)
In subsection (a), the word ''hereafter'' is omitted as surplusage.
The words ''there are not enough * * * who are'' are substituted for the
words ''adequate numbers of * * * are not''. The words ''without the
consent of the persons affected'' and ''under the jurisdiction of that
Secretary'' are inserted for clarity. The words ''and the members
thereof'' are omitted as surplusage.
In subsection (b), the words ''without the consent of the persons
affected'' are substituted for the words ''without his consent'', since
units as well as individuals are covered by the revised subsection. The
words ''and the members thereof'', ''and required to perform'', ''or
required to serve on'', and ''in the service of the United States'' are
omitted as surplusage.
In subsections (b) and (d), the words ''active duty for training''
are omitted as covered by the words ''active duty''.
In subsection (c), the words ''to active duty'' are substituted for
the words ''into the active military service of the United States'', in
50:961(g) (1st and last sentences). The words ''to serve'' are
substituted for the words ''for the purpose of serving''. The words
''without their consent'' are substituted for the word
''involuntarily''. The words ''to that duty'' are substituted for the
words ''into active duty''. The last sentence of the revised subsection
is substituted for 50:961(g) (last sentence).
In subsection (d), the words ''the consent of that member'' are
substituted for the words ''his consent''. The words ''under his
jurisdiction'' are inserted for clarity. 50:962 (last 15 words of 1st
sentence) is omitted as covered by 50:961(d).
In subsection (e), the words ''to active duty (other than for
training)'' are substituted for the words ''into the active military
service of the United States''. The words ''period of'' are omitted as
surplusage. The word ''requirements'' is substituted for the word
''condition'' for clarity.
The word ''hereafter'' is omitted as surplusage. The words ''there
are not enough . . . who are'' are substituted for the words ''adequate
numbers of . . . are not''. The words ''without the consent of the
persons affected'' and ''under the jurisdiction of that Secretary'' are
inserted for clarity.
The changes are necessary to reflect section 101(b) of the Armed
Forces Reserve Act of 1952 (50 U.S.C. 901(b)), which defines the term
''active duty'' to exclude active duty for training. This definition
applied to the source law for these sections (sections 672 and 673),
section 233(a), (b)(1), and (c) of the Armed Forces Reserve Act of 1952
(50 U.S.C. 961(a), (b)(1), (c)).
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
1988 -- Subsec. (b). Pub. L. 100-456, 1234(a)(2), substituted ''or
Puerto Rico'' for '', Puerto Rico, or the Canal Zone,''.
Subsec. (d). Pub. L. 100-456, 1234(a)(1), struck out ''the Canal
Zone,'' after ''Puerto Rico,''.
1986 -- Subsec. (f). Pub. L. 99-500 and Pub. L. 99-591, 101(c) (
9122), Pub. L. 99-661, 522, amended section identically adding subsec.
(f).
Subsec. (g). Pub. L. 99-661, 524(a), added subsec. (g).
1980 -- Subsec. (a). Pub. L. 96-357 struck out cl. (1) designation
for second sentence and cl. (2) prohibition against ordering a member
of the Standby Reserve to active duty unless the Director of Selective
Service determined that the member was available for active duty.
Subsec. (e). Pub. L. 96-584 substituted provisions respecting
determination of the allowable time in terms of military requirements
for provisions authorizing a reasonable time.
1958 -- Subsec. (a). Pub. L. 85-861, 1(13), 33(a)(5), inserted
''(other than for training)'' after ''active duty'', substituted
''inactive National Guard'' for ''inactive Army National Guard or in the
inactive Air National Guard'', and inserted provisions prohibiting a
member of the Standby Reserve from being ordered to active duty under
this subsection unless the Director of Selective Service determines that
the member is available for active duty.
Subsec. (c). Pub. L. 85-861, 33(a)(5), inserted ''(other than for
training)'' after ''active duty''.
Section 524(b) of Pub. L. 99-661 provided that: ''Section 672(g) of
title 10, United States Code, as added by subsection (a), does not
authorize a member of a reserve component to be ordered to active duty
for a period before the date of the enactment of this Act (Nov. 14,
1986).''
Amendment by section 33(a)(5) of Pub. L. 85-861 effective Aug. 10,
1956, see section 33(g) of Pub. L. 85-861, set out as a note under
section 101 of this title.
For rule of construction for certain duplicate provisions of Public
Laws 99-500, 99-591, and 99-661, see Pub. L. 100-26, 6, Apr. 21,
1987, 101 Stat. 274, set out as a note under section 2301 of this
title.
Ready Reserve, composition and authorized strength of, see section
268 of this title.
Standby Reserve, composition of, see section 273 of this title.
3511, 4211; title 50 App. section 592.
10 USC 673. Ready Reserve
TITLE 10 -- ARMED FORCES
(a) In time of national emergency declared by the President after
January 1, 1953, or when otherwise authorized by law, an authority
designated by the Secretary concerned may, without the consent of the
persons concerned, order any unit, and any member not assigned to a unit
organized to serve as a unit, in the Ready Reserve under the
jurisdiction of that Secretary to active duty (other than for training)
for not more than 24 consecutive months.
(b) To achieve fair treatment as between members in the Ready Reserve
who are being considered for recall to duty without their consent,
consideration shall be given to --
(1) the length and nature of previous service, to assure such sharing
of exposure to hazards as the national security and military
requirements will reasonably allow;
(2) family responsibilities; and
(3) employment necessary to maintain the national health, safety, or
interest.
The Secretary of Defense shall prescribe such policies and procedures
as he considers necessary to carry out this subsection. He shall report
on those policies and procedures at least once a year to the Committees
on Armed Services of the Senate and the House of Representatives.
(c) Not more than 1,000,000 members of the Ready Reserve may be on
active duty (other than for training), without their consent, under this
section at any one time.
(d) Whenever one or more units of the Ready Reserve are ordered to
active duty, the President shall, on the first day of the second fiscal
year quarter immediately following the quarter in which the first unit
or units are ordered to active duty and on the first day of each
succeeding six-month period thereafter, so long as such unit is retained
on active duty, submit a report to the Congress regarding the necessity
for such unit or units being ordered to and retained on active duty.
The President shall include in each such report a statement of the
mission of each such unit ordered to active duty, an evaluation of such
unit's performance of that mission, where each such unit is being
deployed at the time of the report, and such other information regarding
each unit as the President deems appropriate.
(Aug. 10, 1956, ch. 1041, 70A Stat. 28; Sept. 2, 1958, Pub. L.
85-861, 1(14), 33(a)(5), 72 Stat. 1441, 1564; Nov. 16, 1973, Pub. L.
93-155, title III, 303(a), 87 Stat. 607.)
In subsection (a), the words ''after January 1, 1953'' are
substituted for the word ''hereafter'', to reflect the effective date of
the source statute. The words ''without the consent of the persons
concerned'' are substituted for the word ''involuntarily''.
The words ''under the jurisdiction of that Secretary'' are inserted
for clarity. The last sentence of the revised subsection is substituted
for 50:961(b)(1) (proviso). The words ''and the members thereof'' and
''and required to perform'' are omitted as surplusage.
In subsection (b), the words ''to achieve'' are substituted for the
words ''in the interest of''. The words ''without their consent'' are
substituted for the word ''involuntarily''. The words ''who are being
considered for'' are inserted for clarity. The words ''prescribe such
policies and procedures'' are substituted for the words ''promulgate
such policies and establish such procedures''. The words ''as he
considers necessary'' are substituted for the words ''as may be required
in his opinion''. The words ''this subsection'' are substituted for the
words ''our intent here declared''. The words ''at least once a year''
are substituted for the words ''from time to time, and at least
annually''. The words ''Senate and the House of Representatives'' are
substituted for the word ''Congress''. 50:961(b)(2) (1st 18 words) is
omitted as surplusage. The words ''with the objective'' and ''found to
be'' are omitted as surplusage.
In subsection (c), the words ''on active duty (other than for
training)'' are substituted for the words ''may be required to perform
active duty'' for clarity. The words ''without their consent'' are
substituted for the word ''involuntarily''. The words ''of all reserve
components'' and ''unless the Congress shall have authorized the
exercise of the authority contained in this subsection'' are omitted as
surplusage.
The changes are necessary to reflect section 101(b) of the Armed
Forces Reserve Act of 1952 (50 U.S.C. 901(b)), which defines the term
''active duty'' to exclude active duty for training. This definition
applied to the source law for these sections (sections 672 and 673),
section 233(a), (b)(1), and (c) of the Armed Forces Reserve Act of 1952
(50 U.S.C. 961(a), (b)(1), (c)).
1973 -- Subsec. (d). Pub. L. 93-155 added subsec. (d).
1958 -- Subsec. (a). Pub. L. 85-861, 1(14)(A), 33(a)(5), inserted
''(other than for training)'' after ''active duty'', and struck out
provisions that made subsection inapplicable unless Congress determined
how many members of the reserve components were necessary, in the
interest of national security, to be ordered to active duty.
Subsec. (c). Pub. L. 85-861, 1(14)(B), added subsec. (c).
Section 303(b) of Pub. L. 93-155 provided that: ''The amendment
made by subsection (a) of this section (amending this section) shall be
effective with respect to any unit of the Ready Reserve ordered to
active duty on or after the date of enactment of this Act (Nov. 16,
1973).''
Amendment by section 33(a)(5) of Pub. L. 85-861 effective Aug. 10,
1956, see section 33(g) of Pub. L. 85-861, set out as a note under
section 101 of this title.
Ex. Ord. No. 12743, Jan. 18, 1991, 56 F.R. 2661, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the National
Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3 of
the United States Code; in furtherance of Executive Order No. 12722,
dated August 2, 1990 (50 U.S.C. 1701 note), which declared a national
emergency to address the threat to the national security and foreign
policy of the United States posed by the invasion of Kuwait by Iraq;
and, in accordance with the requirements contained in section 301 of the
National Emergencies Act, 50 U.S.C. 1631, I hereby order as follows:
Section 1. To provide additional authority to the Department of
Defense and the Department of Transportation to respond to the
continuing threat posed by Iraq's invasion of Kuwait, the authority
under section 673 of title 10, United States Code, to order any unit,
and any member not assigned to a unit organized to serve as a unit, in
the Ready Reserve to active duty (other than for training) for not more
than 24 consecutive months, is invoked and made available, according to
its terms, to the Secretary concerned, subject, in the case of the
Secretaries of the Army, Navy, and Air Force, to the direction of the
Secretary of Defense. The term ''Secretary concerned'' is defined in
section 101(8) of title 10, United States Code, to mean the Secretary of
the Army with respect to the Army; the Secretary of the Navy with
respect to the Navy, the Marine Corps, and the Coast Guard when it is
operating as a service in the Navy; the Secretary of the Air Force with
respect to the Air Force; and, the Secretary of Transportation with
respect to the Coast Guard when it is not operating as a service in the
Navy.
Sec. 2. To allow for the orderly administration of personnel within
the armed forces, the authority vested in the President by section 527
of title 10, United States Code, to suspend the operation of sections
523-526 of title 10, United States Code, regarding officer strength and
officer distribution in grade, is invoked to the full extent provided by
the terms thereof.
Sec. 3. To allow for the orderly administration of personnel within
the armed forces, the authority vested in the President by section 644
of title 10, United States Code, to suspend the operation of any
provision of law relating to the promotion, involuntary retirement, or
separation of commissioned officers of the Army, Navy, Air Force, or
Marine Corps, is invoked to the full extent provided by the terms
thereof.
Sec. 4. The Secretary of Defense is hereby designated and empowered,
without the approval, ratification, or other action by the President, to
exercise the authority vested in the President by sections 527 and 644
of title 10, United States Code, as invoked by sections 2 and 3 of this
order, to suspend the operation of certain provisions of law.
Sec. 5. The authorities delegated by sections 1 and 4 of this order
may be redelegated and further subdelegated to civilian subordinates who
are appointed to their offices by the President, by and with the advice
and consent of the Senate.
Sec. 6. This order is intended to improve the internal management of
the executive branch, and is not intended to create any right or
benefit, substantive or procedural, enforceable at law by a party
against the United States, its agencies, its officers, or any person.
Sec. 7. This order is effective immediately, and shall be transmitted
to the Congress and published in the Federal Register.
George Bush.
Composition and authorized strength of Ready Reserve, see section 268
of this title.
Ordering of ready reserve to active duty during national emergencies,
see section 263 of this title.
sections 3011, 3013, 3231, 3511, 4211; title 50 App.
section 592.
10 USC 673a. Ready Reserve; members not assigned to, or participating
satisfactorily in, units
TITLE 10 -- ARMED FORCES
(a) Notwithstanding any other provision of law, the President may
order to active duty any member of the Ready Reserve of an armed force
who --
(1) is not assigned to, or participating satisfactorily in, a unit of
the Ready Reserve;
(2) has not fulfilled his statutory reserve obligation; and
(3) has not served on active duty for a total of 24 months.
(b) A member who is ordered to active duty under this section may be
required to serve on active duty until his total service on active duty
equals 24 months. If his enlistment or other period of military service
would expire before he has served the required period under this
section, it may be extended until he has served the required period.
(c) To achieve fair treatment among members of the Ready Reserve who
are being considered for active duty under this section, appropriate
consideration shall be given to --
(1) family responsibilities; and
(2) employment necessary to maintain the national health, safety, or
interest.
(Added Pub. L. 90-40, 6(1), June 30, 1967, 81 Stat. 105.)
Ex. Ord. No. 11366, Aug. 4, 1967, 32 F.R. 11411, provided:
By virtue of the authority vested in me by section 673a of title 10
of the United States Code, and by section 301 of title 3 of the United
States Code, and as President of the United States, it is hereby ordered
as follows:
Section 1. (a) The Secretary of Defense is hereby authorized and
empowered to exercise the authority vested in the President by section
673a of title 10 of the United States Code, to order to active duty any
member of the Ready Reserve of an armed force (except the Coast Guard
when not operating as a service in the Navy) who --
(1) is not assigned to, or participating satisfactorily in, a unit of
the Ready Reserve;
(2) has not fulfilled his statutory reserve obligation; and
(3) has not served on active duty for a total of 24 months.
(b) In pursuance of the provisions of section 673a of title 10 of the
United States Code, the Secretary of Defense is hereby authorized to
require a member ordered to active duty under the authority of this
Order to serve on active duty until his total service on active duty
equals 24 months. If the enlistment or period of military service of a
member of the Ready Reserve ordered to active duty under this authority
would expire before he has served the required period of active duty
prescribed herein, his enlistment or period of military service may be
extended until he has served the required period.
(c) In pursuance of the provisions of section 673a of title 10 of the
United States Code, and in order to achieve fair treatment among members
of the Ready Reserve who are being considered for active duty under this
authority, appropriate consideration shall be given to --
(1) family responsibilities; and
(2) employment necessary to maintain the national health, safety, or
interest.
Sec. 2. The Secretary of Transportation is hereby authorized and
empowered to exercise the authority vested in the President by section
673a of the title 10 of the United States Code, with respect to any
member of the Ready Reserve of the Coast Guard when it is not operating
as a service in the Navy, under the same conditions as such authority
may be exercised by the Secretary of Defense under this Order with
respect to any member of the Ready Reserve of any other armed force.
Sec. 3. (a) The Secretary of Defense may designate any of the
Secretaries of the military departments of the Department of Defense to
exercise the authority vested in him by section 1 of this Order.
(b) The Secretary of Transportation may designate the Commandant of
the United States Coast Guard to exercise the authority vested in him by
section 2 of this Order.
Sec. 4. Executive Order No. 11327 of February 15, 1967, is
superseded except with respect to members of the Ready Reserve ordered
to active duty under the authority of that Order.
Lyndon B. Johnson.
Ex. Ord. No. 11406, Apr. 10, 1968, 33 F.R. 5735, authorized the
Secretary of Defense and, when designated by him, any of the Secretaries
of the military departments of the Department of Defense to exercise the
authority vested in the President until June 30, 1968 by paragraph (e)
of title I of the Department of Defense Appropriation Act, 1967 (80
Stat. 981) to order any unit in the Ready Reserve to active duty for a
period not to exceed 24 months.
10 USC 673b. Selected Reserve; order to active duty other than during
war or national emergency
TITLE 10 -- ARMED FORCES
(a) Notwithstanding the provisions of section 673(a) or any other
provision of law, when the President determines that it is necessary to
augment the active forces for any operational mission, he may authorize
the Secretary of Defense and the Secretary of Transportation with
respect to the Coast Guard when it is not operating as a service in the
Navy, without the consent of the members concerned, to order any unit,
and any member not assigned to a unit organized to serve as a unit of
the Selected Reserve (as defined in section 268(b) of this title), under
their respective jurisdictions, to active duty (other than for training)
for not more than 90 days.
(b) No unit or member of a reserve component may be ordered to active
duty under this section to perform any of the functions authorized by
chapter 15 or section 3500 or 8500 of this title, or to provide
assistance to either the Federal Government or a State in time of a
serious natural or manmade disaster, accident, or catastrophe.
(c) Not more than 200,000 members of the Selected Reserve may be on
active duty under this section at any one time.
(d) Members ordered to active duty under this section shall not be
counted in computing authorized strength in members on active duty or
members in grade under this title or any other law.
(e) The Secretary of Defense and the Secretary of Transportation
shall prescribe such policies and procedures for the armed forces under
their respective jurisdictions as they consider necessary to carry out
this section.
(f) Whenever the President authorizes the Secretary of Defense or the
Secretary of Transportation to order any unit or member of the Selected
Reserve to active duty, under the authority of subsection (a), he shall,
within 24 hours after exercising such authority, submit to Congress a
report, in writing, setting forth the circumstances necessitating the
action taken under this section and describing the anticipated use of
these units or members.
(g) Whenever any unit of the Selected Reserve or any member of the
Selected Reserve not assigned to a unit organized to serve as a unit is
ordered to active duty under authority of subsection (a), the service of
all units or members so ordered to active duty may be terminated by --
(1) order of the President, or
(2) law.
(h) Nothing contained in this section shall be construed as amending
or limiting the application of the provisions of the War Powers
Resolution (50 U.S.C. 1541 et seq.).
(i) When a unit of the Selected Reserve, or a member of the Selected
Reserve not assigned to a unit organized to serve as a unit of the
Selected Reserve, is ordered to active duty under this section and the
President determines that an extension of the service of such unit or
member on active duty is necessary in the interests of national
security, he may authorize the Secretary of Defense and the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy to extend the period of such order to active
duty for a period of not more than 90 additional days. Whenever the
President exercises his authority under this subsection, he shall
immediately notify Congress of such action and shall include in the
notification a statement of reasons for the action. Nothing in this
subsection shall be construed as limiting the authorities to terminate
the service of units or members ordered to active duty under this
section under subsection (g).
(Added Pub. L. 94-286, 1, May 14, 1976, 90 Stat. 517; amended Pub.
L. 96-584, 2, Dec. 23, 1980, 94 Stat. 3377; Pub. L. 97-295, 1(9),
Oct. 12, 1982, 96 Stat. 1289; Pub. L. 99-661, div. A, title V, 521,
Nov. 14, 1986, 100 Stat. 3870.)
1986 -- Subsec. (b). Pub. L. 99-661, 521(c)(1), substituted
''reserve component'' for ''Reserve component''.
Subsec. (c). Pub. L. 99-661, 521(a), substituted ''200,000'' for
''100,000''.
Subsec. (e). Pub. L. 99-661, 521(c)(2), substituted ''armed forces''
for ''Armed Forces''.
Subsec. (f). Pub. L. 99-661, 521(c)(3), substituted ''Congress'' for
''the Speaker of the House of Representatives and to the President pro
tempore of the Senate''.
Subsec. (g)(2). Pub. L. 99-661, 521(c)(4), substituted ''law'' for
''a concurrent resolution of the Congress''.
Subsec. (i). Pub. L. 99-661, 521(b), added subsec. (i).
1982 -- Subsec. (h). Pub. L. 97-295 inserted ''(50 U.S.C. 1541 et
seq.)'' after ''the War Powers Resolution''.
1980 -- Subsec. (c). Pub. L. 96-584 substituted ''100,000'' for
''50,000''.
Time for Fiscal Year 1991
Pub. L. 101-511, title VIII, 8132, Nov. 5, 1990, 104 Stat. 1908,
provided that: ''During fiscal year 1991, in exercising the authority
provided the President under section 673b of title 10, United States
Code, to authorize the order to active duty of units and members of the
Selected Reserve, the President may use that authority in the case of
orders to active duty in support of operations in and around the Arabian
Peninsula and Operation Desert Shield as if '180 days' were substituted
for '90 days' in subsection (a) of that section and '180 additional
days' were substituted for '90 additional days' in subsection (i) of
that section: Provided, That this section applies only to Selected
Reserve combat units.''
Ex. Ord. No. 12727, Aug. 22, 1990, 55 F.R. 35027, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including sections 121 and
673b of title 10 of the United States Code, I hereby determine that it
is necessary to augment the active armed forces of the United States for
the effective conduct of operational missions in and around the Arabian
Peninsula. Further, under the stated authority, I hereby authorize the
Secretary of Defense, and the Secretary of Transportation with respect
to the Coast Guard when the latter is not operating as a service in the
Department of the Navy, to order to active duty units and individual
members not assigned to units, of the Selected Reserve.
This order is intended only to improve the internal management of the
executive branch, and is not intended to create any right or benefit,
substantive or procedural, enforceable at law by a party against the
United States, its agencies, its officers, or any person.
This order shall be published in the Federal Register and transmitted
promptly to the Congress.
George Bush.
Ex. Ord. No. 12733, Nov. 13, 1990, 55 F.R. 47837, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including sections 121 and
673b(i) of title 10 of the United States Code, I hereby determine that,
in the interests of national security, extending the period of active
duty is necessary for the following: units of the Selected Reserve, and
members of the Selected Reserve not assigned to a unit organized to
serve as a unit of the Selected Reserve, now serving on or hereafter
ordered to active duty pursuant to section 673b(a) of title 10 of the
United States Code and Executive Order No. 12727 of August 22, 1990
(set out above). Further, under the stated authority, I hereby
authorize the Secretary of Defense, and the Secretary of Transportation
with respect to the Coast Guard when the latter is not operating as a
service in the Department of the Navy, to extend the period of active
duty of such units and members of the Selected Reserve.
This order is intended only to improve the internal management of the
executive branch, and is not intended to create any right or benefit,
substantive or procedural, enforceable at law by a party against the
United States, its agencies, its officers, or any person.
This order shall be published in the Federal Register and transmitted
promptly to the Congress.
George Bush.
38 sections 3011, 3013, 3231, 3511, 4211; title 50
App. section 592.
10 USC 673c. Authority of President to suspend certain laws relating
to promotion, retirement, and separation
TITLE 10 -- ARMED FORCES
(a) Notwithstanding any other provision of law, during any period
members of a reserve component are serving on active duty pursuant to an
order to active duty under authority of section 672, 673, or 673b of
this title, the President may suspend any provision of law relating to
promotion, retirement, or separation applicable to any member of the
armed forces who the President determines is essential to the national
security of the United States.
(b) A suspension made under the authority of subsection (a) shall
terminate (1) upon release from active duty of members of the reserve
component ordered to active duty under the authority of section 672,
673, or 673b of this title, as the case may be, or (2) at such time as
the President determines the circumstances which required the action of
ordering members of the reserve component to active duty no longer
exist, whichever is earlier.
(Added Pub. L. 98-94, title X, 1021(a), Sept. 24, 1983, 97 Stat.
670; amended Pub. L. 98-525, title XIV, 1405(16), Oct. 19, 1984, 98
Stat. 2622.)
1984 -- Subsec. (b)(1). Pub. L. 98-525 inserted ''of this title''
after ''673b''.
Ex. Ord. No. 12728, Aug. 22, 1990, 55 F.R. 35029, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including section 673c of
title 10 of the United States Code and section 301 of title 3 of the
United States Code, I hereby order:
Section 1. The Secretary of Defense, and the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Department of the Navy, are hereby designated and
empowered to exercise, without the approval, ratification, or other
action of the President, the authority vested in the President by
section 673c of title 10 of the United States Code (1) to suspend any
provision of law relating to promotion, retirement, or separation
applicable to any member of the armed forces determined to be essential
to the national security of the United States, and (2) to determine, for
the purposes of said section, that members of the armed forces are
essential to the national security of the United States.
Sec. 2. The authority delegated to the Secretary of Defense and the
Secretary of Transportation by this order may be redelegated and further
subdelegated to subordinates who are appointed to their offices by the
President, by and with the advice and consent of the Senate.
Sec. 3. This order is intended only to improve the internal
management of the executive branch and is not intended to create any
right or benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or any
person.
George Bush.
10 USC 674. Standby Reserve
TITLE 10 -- ARMED FORCES
(a) Units and members in the Standby Reserve may be ordered to active
duty (other than for training) only as provided in section 672 of this
title.
(b) In time of emergency --
(1) no unit in the Standby Reserve organized to serve as a unit or
any member thereof may be ordered to active duty (other than for
training), unless the Secretary concerned, with the approval of the
Secretary of Defense in the case of a Secretary of a military
department, determines that there are not enough of the required kinds
of units in the Ready Reserve that are readily available; and
(2) no other member in the Standby Reserve may be ordered to active
duty (other than for training) as an individual without his consent,
unless the Secretary concerned, with the approval of the Secretary of
Defense in the case of a Secretary of a military department, determines
that there are not enough qualified members in the Ready Reserve in the
required category who are readily available.
(Aug. 10, 1956, ch. 1041, 70A Stat. 29; Sept. 7, 1962, Pub. L.
87-651, title I, 130, 76 Stat. 514.)
In subsection (b), the words ''to serve'' are substituted for the
words ''for the purpose of serving''. The words ''there are not enough
* * * that are'' are substituted for the words ''adequate numbers of * *
* are not''. The words ''(other than for training)'' are inserted,
since the words ''active duty'' were defined in the source statute cited
above to exclude ''active duty for training''.
The change is made to conform section 674(a) more closely to the
source law for that section, section 206(a) of the Armed Forces Reserve
Act of 1952 (66 Stat. 483). Section 206(a) of that Act defined the
Standby Reserve in terms of units and members of the reserve components
according to their liability to be ordered to active duty. It did not
provide authority to order units and members of the Standby Reserve to
active duty. This authority was provided by section 233(a) of the Armed
Forces Reserve Act of 1952 (66 Stat. 489), which is restated in section
672(a) of title 10. Since the present language of section 674(a) may be
interpreted to provide independent authority to order units and members
of the Standby Reserve to active duty, it is revised to make clear that
this is not the case and that section 672 is the authority for that
action.
1962 -- Subsec. (a). Pub. L. 87-651 substituted ''only as provided
in section 672 of this title'' for ''only in time of war, of national
emergency declared by Congress, or when otherwise authorized by law''.
Composition of Standby Reserve, see section 273 of this title.
title 38 section 3011; title 50
App. section 592.
10 USC 675. Retired Reserve
TITLE 10 -- ARMED FORCES
A member in the Retired Reserve may, if qualified, be ordered to
active duty without his consent, but only as provided in section 672(a)
or 688 of this title. A member of the Ready Reserve (other than a
member transferred to the Retired Reserve under section 1001(b) of this
title) who is ordered to active duty or other appropriate duty in a
retired status may be credited under chapter 67 of this title with
service performed pursuant to such order. A member in a retired status
is not eligible for promotion (or for consideration for promotion) as a
Reserve.
(Aug. 10, 1956, ch. 1041, 70A Stat. 29; Sept. 24, 1983, Pub. L.
98-94, title X, 1017(a), 97 Stat. 669; Nov. 29, 1989, Pub. L.
101-189, div. A, title VI, 651(d), 103 Stat. 1461.)
1989 -- Pub. L. 101-189 inserted at end ''A member of the Ready
Reserve (other than a member transferred to the Retired Reserve under
section 1001(b) of this title) who is ordered to active duty or other
appropriate duty in a retired status may be credited under chapter 67 of
this title with service performed pursuant to such order. A member in a
retired status is not eligible for promotion (or for consideration for
promotion) as a Reserve.''
1983 -- Pub. L. 98-94 inserted reference to section 688.
Composition of Retired Reserve, see section 274 of this title.
Retired lists, see section 1376 of this title.
10 USC 676. Retention after becoming qualified for retired pay
TITLE 10 -- ARMED FORCES
Any person who has qualified for retired pay under chapter 67 of this
title may, with his consent and by order of the Secretary concerned, be
retained on active duty, or in service in a reserve component other than
that listed in section 1332(b) of this title. A member so retained
shall be credited with that service for all purposes.
(Aug. 10, 1956, ch. 1041, 70A Stat. 29.)
The words ''active duty, or in service, in a reserve component other
than that listed in section 1332(b) of this title'' are inserted to
reflect the words ''Federal service'', as used in Title III of the
source statute. The words ''that service for all purposes'' are
substituted for 10:1036a(e) (last 11 words) and 34:440i(e) (last 11
words). The words ''upon attaining the age of sixty years'' are omitted
as surplusage.
10 USC 677. Reserve officers: use of in expansion of armed forces
TITLE 10 -- ARMED FORCES
When an expansion of the active armed forces requires that officers
of the reserve components who are not members of units organized to
serve as such be ordered as individuals to active duty (other than for
training) without their consent, the services of qualified and available
reserve officers in all grades shall be used, so far as practicable,
according to the needs of the branches, grades, or specialties
concerned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 29.)
The words ''without their consent'' are substituted for the word
''involuntarily''. The words ''it shall be the policy'' are omitted as
surplusage. The words ''to active duty (other than for training)'' are
substituted for the words ''into the active military service''.
10 USC 678. Reserves: for organizing, administering, etc., reserve
components
TITLE 10 -- ARMED FORCES
(a) A Reserve ordered to active duty under section 672(d) of this
title in connection with organizing, administering, recruiting,
instructing, or training the reserve components shall be ordered in his
reserve grade. While so serving he continues to be eligible for
promotion as a Reserve, if he is otherwise qualified.
(b) To assure that a Reserve on duty under subsection (a) receives
periodic refresher training in the categories for which he is qualified,
the Secretary concerned may detail him to duty with any armed force, or
otherwise as the Secretary sees fit.
(Aug. 10, 1956, ch. 1041, 70A Stat. 30.)
In subsection (a), the words ''to active duty under section 672(d) of
this title in connection with organizing, administering, recruiting,
instructing, or training the reserve components'' are substituted for
the words ''into the active military service of the United States under
the provisions of this section''. The words ''his reserve grade'' are
substituted for the words ''held by them in the Reserve of their Armed
Force''. The words ''as a Reserve'', in the last sentence of the
revised subsection, are substituted for the words ''in the Reserve of
their Armed Force''. The word ''Hereafter'' is omitted as surplusage.
Subsection (b) is substituted for 50:962 (less 1st and 2d sentences).
10 USC 679. Active duty agreements
TITLE 10 -- ARMED FORCES
(a) To provide definite terms of active duty (other than for
training) for Reserves with their consent, the Secretary concerned may
make a standard written agreement with any member of a reserve component
under his jurisdiction requiring the member to serve for a period of
active duty (other than for training) of not more than five years. When
such an agreement expires, a new one may be made. This subsection does
not apply in time of war declared by Congress.
(b) An agreement may not be made under subsection (a) unless the
specified period of duty is at least 12 months longer than any period of
active duty that the member is otherwise required to perform.
(c) Agreements made under subsection (a) shall be uniform so far as
practicable, and are subject to such standards and policies as may be
prescribed by the Secretary of Defense for the armed forces under his
jurisdiction or by the Secretary of Transportation for the Coast Guard
when the Coast Guard is not operating as a service in the Navy.
(d) If an agreement made under subsection (a) expires during a war or
during a national emergency declared by Congress or the President after
January 1, 1953, the Reserve concerned may be kept on active duty,
without his consent, as otherwise prescribed by law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 30; Dec. 12, 1980, Pub. L.
96-513, title I, 511(19), 94 Stat. 2921.)
In subsection (a), the words ''To provide definite terms of active
duty for'' are substituted for the words ''In order that * * * may
remain on or be ordered to active duty * * * for terms of service of
definite duration''. The words ''with their consent'' are substituted
for the word ''voluntarily''. The words ''requiring the member to
serve'' are substituted for 50:963(c). The words ''more than'' are
substituted for the words ''to exceed''. The second sentence is
substituted for 50:963(a) (2d sentence). The word ''hereafter'' is
omitted as surplusage. 50:963(f) is omitted as executed. The words
''under his jurisdiction'' are inserted for clarity.
In subsection (b), the words ''is at least * * * longer'' are
substituted for the words ''exceeds by at least''. The words ''active
duty that the member is otherwise required to perform'' are substituted
for the words ''obligated or involuntary active duty to which he is
otherwise liable''.
In subsection (c), the words ''for the armed forces under his
jurisdiction'' are inserted for clarity.
1980 -- Subsec. (c). Pub. L. 96-513 substituted ''Secretary of
Transportation'' for ''Secretary of the Treasury''.
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.
title 14 section 41a.
10 USC 680. Active duty agreements: release from duty
TITLE 10 -- ARMED FORCES
(a) Each agreement made under section 679 (a) of this title shall
provide that the member may not be released from active duty without his
consent during the period of the agreement --
(1) because of a reduction in the actual personnel strength of the
armed force concerned, unless the release is in accordance with the
recommendation of a board of officers appointed by an authority
designated by the Secretary concerned to determine the members to be
released from active duty under regulations prescribed by the Secretary;
or
(2) for any other reason, without an opportunity to be heard by a
board of officers before the release, unless he is (A) dismissed or
discharged under the sentence of a court-martial, (B) released because
of an unexplained absence without leave for at least three months, (C)
released because he is convicted and sentenced to confinement in a
Federal or State penitentiary or correctional institution and the
sentence has become final, or (D) released because he has been
considered at least twice and has not been recommended for promotion to
the next higher grade or because he is considered as having failed of
selection for promotion to the next higher grade and has not been
recommended for promotion to that grade, under conditions that would
require the release or separation of a reserve officer who is not
serving under such an agreement.
(b) A member who is released from active duty without his consent
before the end of his agreement made under section 679(a) of this title
is entitled to an amount computed by multiplying the number of years and
fractions of a year of his unexpired period of service under the
agreement by the sum of one month's basic pay, special pay, and
allowances to which he is entitled on the day of his release. The
amount to which a member is entitled under this subsection is in
addition to any pay and allowances to which he is otherwise entitled.
For the purposes of this subsection, a fraction of a month of 15 days or
more is counted as a whole month, and a fraction of a month of less than
15 days is disregarded. This subsection does not apply to a member if
he is --
(1) released for a reason described in subsection (a)(2)(A)-(C);
(2) released because of a physical disability resulting from his
intentional misconduct or wilful neglect;
(3) eligible for retired pay, separation pay, or severance pay under
another provision of law;
(4) placed on a temporary disability retired list; or
(5) released to accept an appointment, or to be enlisted, in a
regular component of an armed force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 30; June 28, 1962, Pub. L.
87-509, 2, 76 Stat. 121; Oct. 19, 1984, Pub. L. 98-525, title V,
533(b), title XIV, 1405(17), 98 Stat. 2528, 2622.)
In subsections (a) and (b), the words ''without his consent'' are
substituted for the word ''involuntary''.
In subsection (a)(1), the word ''because'' is substituted for the
words ''by reason''. The words ''actual personnel strength'' are
substituted for the words ''numerical strength of the military
personnel''.
In subsection (a)(2), the words ''for any other reason'' are
substituted for the words ''for reasons other than that prescribed in
paragraph (1)''. The words ''dismissed or discharged'' are inserted for
clarity. The words ''at least'' are substituted for the word
''duration''. The words ''is convicted and sentenced * * * and the
sentence has become final'' are substituted for the words ''final
conviction and sentence''. The words ''from active duty'' are omitted
as surplusage.
In subsection (b), the words ''before the end of'' are substituted
for the words ''prior to the expiration of the period of service
under''. The words ''computed by multiplying * * * and fractions of a
year of his unexpired period of service under the agreement by the sum
of one month's * * * pay, and allowances'' are substituted for the words
''equal to one month's pay and allowances multiplied by * * * (including
any pro rata part thereof) remaining as the unexpired period of his
agreement for active duty''. The words ''basic * * * special pay * * *
to which he is entitled on the day of his release'' are substituted for
50:963(b) (2d sentence). The third sentence is substituted for
50:963(b) (last sentence). The last sentence is substituted for
50:963(b) (words within 1st parentheses).
In subsection (b)(2), the words ''because of'' are substituted for
the words ''when such release is due to''.
In subsection (b)(5), the words ''to accept'' are substituted for the
words ''for the purpose of accepting''. The words ''of an armed force''
are inserted for clarity.
1984 -- Subsec. (a)(2)(D). Pub. L. 98-525, 1405(17), substituted
''reserve officer'' for ''Reserve Officer''.
Subsec. (b)(3). Pub. L. 98-525, 533(b), inserted '', separation
pay,'' after ''retired pay''.
1962 -- Subsec. (a)(2)(D). Pub. L. 87-509 added cl. (D).
Basic pay, special pay, and allowances, see section 203 et seq. of
Title 37, Pay and Allowances of the Uniformed Services.
Disability from intentional misconduct or willful neglect,
separation, see section 1207 of this title.
Temporary disability retired lists, see sections 1202, 1205 of this
title.