10 USC (CHAPTER 545 -- REPEALED)
TITLE 10 -- ARMED FORCES
10 USC ( 5751 to 5758. Repealed. Pub. L. 96-513, title III, 333, Dec.
12, 1980, 94 Stat. 2897)
TITLE 10 -- ARMED FORCES
Section 5751, acts Aug. 10, 1956, ch. 1041, 70A Stat. 346; Aug.
3, 1961, Pub. L. 87-123, 5(16), 75 Stat. 266, related to eligibility
for consideration by a selection board for promotion of male officers in
line of Navy and male officers in Marine Corps. See section 619 of this
title.
Section 5752, acts Aug. 10, 1956, ch. 1041, 70A Stat. 347; Sept.
2, 1958, Pub. L. 85-861, 1(126), 72 Stat. 1497; Nov. 8, 1967, Pub.
L. 90-130, 1(19)(A)-(C), 81 Stat. 378, related to eligibility for
consideration by a selection board for promotion of women officers in
line of Navy and women officers in Marine Corps. See section 619 of
this title.
Section 5753, acts Aug. 10, 1956, ch. 1041, 70A Stat. 347; Aug.
21, 1957, Pub. L. 85-155, title II, 201(8), 71 Stat. 382; Nov. 7,
1967, Pub. L. 90-130, 1(19)(D), 81 Stat. 378; Dec. 8, 1967, Pub. L.
90-179, 12, 81 Stat. 549, related to eligibility of Navy staff corps
officers for consideration for promotion by a selection board. See
section 619 of this title.
Section 5754, act Aug. 10, 1956, ch. 1041, 70A Stat. 348,
prescribed general conditions for eligibility for consideration by a
selection board for promotion. See section 619 of this title.
Section 5755, act Aug. 10, 1956, ch. 1041, 70A Stat. 348, related
to communications between a selection board and an officer eligible for
consideration for promotion by such board. See section 614 of this
title.
Section 5756, act Aug. 10, 1956, ch. 1041, 70A Stat. 348, directed
Secretary of Navy to furnish appropriate selection board with number of
male officers in line of Navy or of Marine Corps that could be
recommended for promotion to next highest grade and prescribed a formula
for arriving at such number. See section 622 of this title.
Section 5757, act Aug. 10, 1956, ch. 1041, 70A Stat. 348, directed
Secretary of Navy to furnish appropriate selection board with number of
male officers in line of Navy or of Marine Corps designated for limited
duty that could be recommended for promotion to next highest grade and
prescribed a formula for arriving at such number. See section 622 of
this title.
Section 5758, act Aug. 10, 1956, ch. 1041, 70A Stat. 349, directed
Secretary of Navy to furnish appropriate selection board with numbers of
officers designated for engineering, aeronautical engineering, and
special duty that could be recommended for promotion to grade of rear
admiral and numbers of male officers designated for such duty that could
be recommended for promotion to a grade below rear admiral and
prescribed formulas for arriving at such numbers. See section 622 of
this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
gulations
Pub. L. 97-22, 9, July 10, 1981, 95 Stat. 136, provided that for
selection boards convened on or after July 10, 1981, and before Sept.
15, 1981, service in grade requirements shall be established under
regulations prescribed by Secretary of the Navy for eligibility for
consideration for promotion of female officers in the line of the Navy
to grade of lieutenant commander and female officers in the Marine Corps
to grade of major.
10 USC ( 5759. Repealed. Pub. L. 87-123, 5(17), Aug. 3, 1961, 75
Stat. 266)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 349, required
Secretary to furnish selection boards with number of Marine Corps
officers designated for supply duty that could be recommended for
promotion.
10 USC ( 5760 to 5773. Repealed. Pub. L. 96-513, title III, 333, Dec.
12, 1980, 94 Stat. 2897)
TITLE 10 -- ARMED FORCES
Section 5760, acts Aug. 10, 1056, ch. 1041, 70A Stat. 350; Nov.
8, 1967, Pub. L. 90-130, 1(19)(E), (F), 81 Stat. 378, directed
Secretary of Navy to furnish appropriate selection board with number of
women officers in the line of Navy that could be recommended for
promotion to grade of lieutenant, captain, commander, or lieutenant
commander and number of women officers of Marine Corps that could be
recommended for promotion to grade of captain, colonel, lieutenant
colonel, or major. See section 622 of this title.
Section 5761, act Aug. 10, 1956, ch. 1041, 70A Stat. 350, directed
Secretary of Navy to furnish appropriate selection board with number of
officers in any staff corps that could be recommended for promotion to
grade of rear admiral. See section 622 of this title.
Section 5762, acts Aug. 10, 1956, ch. 1041, 70A Stat. 351; Aug.
21, 1957, Pub. L. 85-155, title II, 201(9), 71 Stat. 383; Nov. 8,
1967, Pub. L. 90-130, 1(19)(G), (H), 81 Stat. 378; Dec. 8, 1967,
Pub. L. 90-179, 6, 81 Stat. 548, directed Secretary of Navy to
furnish appropriate selection boards with number of staff corps officers
that could be recommended for promotion to grades below rear admiral.
See section 622 of this title.
Section 5763, acts Aug. 10, 1956, ch. 1041, 70A Stat. 352; Sept.
2, 1958, Pub. L. 85-861, 1(127), 72 Stat. 1497; Nov. 8, 1967, Pub.
L. 90-130, 1(19)(I), 81 Stat. 378, directed Secretary of Navy to
furnish appropriate selection boards with number of certain women
officers in a staff corps of Navy that could be recommended for
promotion to grade of captain, commander, or lieutenant commander. See
section 622 of this title.
Section 5764, acts Aug. 10, 1956, ch. 1041, 70A Stat. 353; Nov.
8, 1967, Pub. L. 90-130, 1(19)(J), (K), 81 Stat. 378, related to
establishment of promotion zones in each grade in line of Navy. See
section 623 of this title.
Section 5765, acts Aug. 10, 1956, ch. 1041, 70A Stat. 354; Aug.
3, 1961, Pub. L. 87-123, 5(19), 75 Stat. 266; Nov. 8, 1967, Pub. L.
90-130, 1(19)(J), (L), 81 Stat. 378, related to establishment of
promotion zones in each grade of Marine Corps. See section 623 of this
title.
Section 5766, acts Aug. 10, 1956, ch. 1041, 70A Stat. 355; Nov.
8, 1967, Pub. L. 90-130, 1(19)(M), 81 Stat. 378, specified Navy staff
corps officers considered to be in promotion zones for purposes of
boards of selection.
Section 5767, acts Aug. 10, 1956, ch. 1041, 70A Stat. 355; Nov.
8, 1967, Pub. L. 90-130, 1(19)(N), 81 Stat. 379, related to promotion
to flag or general officer grade of officers in Navy or Marine Corps
qualified for specific duties. See section 619 et seq. of this title.
Section 5768, act Aug. 10, 1956, ch. 1041, 70A Stat. 356,
prescribed normal terms of service for male officers in line of Navy and
of Marine Corps.
Section 5769, acts Aug. 10, 1956, ch. 1041, 70A Stat. 356; Aug.
3, 1961, Pub. L. 87-123, 5(20), 75 Stat. 266; Oct. 22, 1970, Pub.
L. 91-491, 1, 84 Stat. 1089, related to eligibility for promotion of
male line officers in Navy and male officers in Marine Corps. See
section 619 of this title.
Section 5770, act Aug. 10, 1956, ch. 1041, 70A Stat. 357,
prescribed a sea or foreign service requirement for promotion of male
officers on the active list in line of Navy.
Section 5771, acts Aug. 10, 1956, ch. 1041, 70A Stat. 358; Nov.
8, 1967, Pub. L. 90-130, 1(19)(O), (P), 81 Stat. 379, related to
eligibility for promotion of women officers on active list in line of
Navy and women officers on active list of Marine Corps. See section 619
of this title.
Section 5772, act Aug. 10, 1956, ch. 1041, 70A Stat. 358, related
to eligibility of Navy staff corps officers for promotion to grade of
rear admiral. See section 619 of this title.
Section 5773, acts Aug. 10, 1956, ch. 1041, 70A Stat. 359; Aug.
21, 1957, Pub. L. 85-155, title II, 201(10), 71 Stat. 383; Sept. 30,
1966, Pub. L. 89-609, 1(11), 80 Stat. 853; Nov. 8, 1967, Pub. L.
90-130, 1(19)(Q)-(S), 81 Stat. 379, related to eligibility of Navy
staff corps officers for promotion to grades below rear admiral. See
section 619 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 5774. Repealed. Pub. L. 90-130, 1(19)(T), Nov. 8, 1967, 81
Stat. 379)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 359, made women
officers on active list of Navy in staff corps, appointed under section
5590 of this title, who were recommended for promotion to a grade above
lieutenant (junior grade) in approved report of a selection board
convened under chapter 543 of this title eligible for promotion when
line officer who was to be her running mate in higher grade became
eligible for promotion to that grade.
10 USC ( 5775. Repealed. Pub. L. 87-649, 14c(293), Sept. 7, 1962, 76
Stat. 501)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 359; Aug. 21,
1957, Pub. L. 85-155, title II, 201(11), 71 Stat. 383; Aug. 3, 1961,
Pub. L. 87-123, 5(21), 75 Stat. 266, related to date of entitlement
to pay and allowances of grade to which an officer is promoted. See
section 904 of Title 37, Pay and Allowances of the Uniformed Services.
Repeal 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.
10 USC ( 5776 to 5793. Repealed. Pub. L. 96-513, title III, 333, Dec.
12, 1980, 94 Stat. 2897)
TITLE 10 -- ARMED FORCES
Section 5776, acts Aug. 10, 1956, ch. 1041, 70A Stat. 361; Aug.
21, 1957, Pub. L. 85-155, title II, 201(12), 71 Stat. 383; Aug. 3,
1961, Pub. L. 87-123, 5(22), 75 Stat. 266; Sept. 30, 1966, Pub. L.
89-609, 1(12), 80 Stat. 853; Nov. 8, 1967, Pub. L. 90-130,
1(19)(U)-(W), 81 Stat. 379, related to failure of selection. See
section 627 of this title.
Section 5777, act Aug. 10, 1956, ch. 1041, 70A Stat. 361, related
to removal of an officer's name from a promotion list. See section 629
of this title.
Section 5778, acts Aug. 10, 1956, ch. 1041, 70A Stat. 362; Nov.
8, 1967, Pub. L. 90-130, 1(19)(X), 81 Stat. 379, related to temporary
and permanent natures of appointments under certain of the provisions of
former sections 5751 to 5777 of this title.
Section 5779, act Aug. 10, 1956, ch. 1041, 70A Stat. 362,
authorized President to terminate temporary promotions at any time.
Section 5780, act Aug. 10, 1956, ch. 1041, 70A Stat. 362, related
to permanent promotions of male line officers in Regular Navy and male
officers in Regular Marine Corps. See section 619 et seq. of this
title.
Section 5781, act Aug. 10, 1956, ch. 1041, 70A Stat. 363, related
to permanent promotions of Regular Navy staff corps officers to grade of
rear admiral. See section 619 et seq. of this title.
Section 5782, acts Aug. 10, 1956, ch. 1041, 70A Stat. 363; Aug.
21, 1957, Pub. L. 85-155, title II, 201(13), 71 Stat. 383; Sept. 30,
1966, Pub. L. 89-609, 1(13), 80 Stat. 853; Nov. 8, 1967, Pub. L.
90-130, 1(19)(Y), 81 Stat. 379, related to permanent promotions of
Regular Navy staff corps officers to grades below rear admiral. See
section 619 et seq. of this title.
Section 5783, act Aug. 10, 1956, ch. 1041, 70A Stat. 364, related
to permanent promotions of Naval Reserve and Marine Corps Reserve
officers. See section 619 et seq. of this title.
Section 5784, act Aug. 10, 1956, ch. 1041, 70A Stat. 365, related
to temporary promotions of ensigns in Navy to grade of lieutenant
(junior grade) and second lieutenants in Marine Corps to grade of first
lieutenant. See section 603 of this title.
Section 5785, acts Aug. 10, 1956, ch. 1041, 70A Stat. 365; Sept.
2, 1958, Pub. L. 85-861, 33(a)(29), 72 Stat. 1566; Apr. 21, 1976,
Pub. L. 94-273, 2(3), 90 Stat. 375, authorized President to suspend
any of the provisions of former sections 5751 to 5784 of this title
relating to officers in Navy or Marine Corps except women officers
appointed under former section 5590 of this title. See section 644 of
this title.
Section 5786, acts Aug. 10, 1956, ch. 1041, 70A Stat. 366; Nov.
8, 1967, Pub. L. 90-130, 1(19)(Z), 81 Stat. 379; Sept. 19, 1978,
Pub. L. 95-377, 6(a), 92 Stat. 721, specified certain categories of
officers as ineligible for promotion and provided that officers serving
in grades to which they were appointed for periods of limited duration
or to which they were temporarily appointed were to be considered for
purposes of former sections 5751 to 5785 of this title as serving in the
grade they would have held were it not for such temporary appointments.
See section 641 of this title.
Section 5787, acts Aug. 10, 1956, ch. 1041, 70A Stat. 366; Sept.
7, 1962, Pub. L. 87-649, 5(b), 14c(30), 76 Stat. 493, 501; Sept.
28, 1971, Pub. L. 92-129, title VI, 603(b), 85 Stat. 362, related to
temporary promotions in times of war or national emergency. See
sections 602 and 603 of this title.
Section 5787a, added Pub. L. 85-861, 1(128)(A), Sept. 2, 1958, 72
Stat. 1497, authorized temporary promotion of an officer in Medical or
Dental Corps to grade of lieutenant at any time after first anniversary
of date upon which he graduated from medical, dental, or osteopathic
school. See section 603 of this title.
Section 5787b, added Pub. L. 85-861, 1(128)(A), Sept. 2, 1958, 72
Stat. 1497; amended Pub. L. 87-649, 14c(31), Sept. 7, 1962, 76
Stat. 501, authorized temporary promotion of women officers serving on
active duty in grade of ensign in Navy or second lieutenant in Marine
Corps. See section 603 of this title.
Section 5787c, added Pub. L. 85-861, 33(a)(30)(A), Sept. 2, 1958,
72 Stat. 1566; amended Pub. L. 95-377, 11(a), Sept. 19, 1978, 92
Stat. 721; Pub. L. 96-343, 10(e), Sept. 8, 1980, 94 Stat. 1130,
related to temporary promotion of warrant officers and officers
designated for limited duty in Navy and Marine Corps. See section 602
of this title.
Section 5787d, added Pub. L. 95-377, 4(a), Sept. 19, 1978, 92
Stat. 720; amended Pub. L. 96-343, 10(e), Sept. 8, 1980, 94 Stat.
1130, authorized temporary promotion under certain circumstances of Navy
lieutenants as lieutenant commanders. See section 603 of this title.
Section 5788, acts Aug. 10, 1956, ch. 1041, 70A Stat. 367; Sept.
7, 1962, Pub. L. 87-649, 14c(32), 76 Stat. 501, related to
eligibility for promotion of Navy ensigns and Marine Corps second
lieutenants. See section 619 of this title.
Section 5789, act Aug. 10, 1956, ch. 1041, 70A Stat. 367,
authorized promotion of officers in the line of the Navy or of the
Marine Corps upon receipt of the thanks of Congress. See section 619 et
seq. of this title.
Section 5790, act Aug. 10, 1956, ch. 1041, 70A Stat. 368,
authorized advancement in rank of officers of Navy or of Marine Corps by
not more than 30 numbers on lineal list for conduct in battle or
extraordinary heroism. See section 619 et seq. of this title.
Section 5791, acts Aug. 10, 1956, ch. 1041, 70A Stat. 368; Sept.
28, 1971, Pub. L. 92-129, title VI, 603(c), 85 Stat. 362; Sept. 19,
1978, Pub. L. 95-377, 6(b), 92 Stat. 721, vested power to make
appointments under former sections 5751 to 5793, except for former
sections 5787 and 5787d, of this title in President, by and with advice
and consent of Senate. See section 624 of this title.
Section 5792, acts Aug. 10 1956, ch. 1041, 70A Stat. 368; Nov.
2, 1966, Pub. L. 89-718, 4, 80 Stat. 1115, dispensed with need for an
oath of office upon promotion to a higher grade in the case of an
officer of the naval service who had served continuously since
subscribing to the oath of office prescribed in section 3331 of title 5.
See section 626 of this title.
Section 5793, added Pub. L. 90-228, 1(3)(A), Dec. 28, 1967, 81
Stat. 745, related to authorized strengths in grade and promotions of
Medical Corps and Dental Corps officers. See section 521 et seq. of
this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC (CHAPTER 547 -- REPEALED)
TITLE 10 -- ARMED FORCES
10 USC ( 5861, 5862. Repealed. Pub. L. 96-513, title III, 333, Dec.
12, 1980, 94 Stat. 2897)
TITLE 10 -- ARMED FORCES
Section 5861, acts Aug. 10, 1956, ch. 1041, 70A Stat. 368; Sept.
2, 1958, Pub. L. 85-861, 1(129), 72 Stat. 1497, required an officer
of Regular Navy or of Regular Marine Corps to pass a physical
examination as prescribed by Secretary of Navy in order to qualify for
promotion to a grade above ensign in Navy or second lieutenant in Marine
Corps. See section 624 of this title.
Section 5862, acts Aug. 10, 1956, ch. 1041, 70A Stat. 369; Sept.
2, 1958, Pub. L. 85-861, 1(131), 72 Stat. 1498, related to mental,
moral, and professional qualifications required to be demonstrated by
officers on active list of Navy or Marine Corps in order to be promoted
to grades of lieutenant (junior grade) or above in Navy or first
lieutenant or above in Marine Corps. See section 624 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 5863. Repealed. Pub. L. 85-861, 36B(14), Sept. 2, 1958, 72
Stat. 1571)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 369, related to
procedure before examining boards.
10 USC ( 5864, 5865. Repealed. Pub. L. 96-513, title III, 333, Dec.
12, 1980, 94 Stat. 2897)
TITLE 10 -- ARMED FORCES
Section 5864, act Aug. 10, 1956, ch. 1041, 70A Stat. 370, related
to discharge of officers not morally qualified. See section 630 of this
title.
Section 5865, act Aug. 10, 1956, ch. 1041, 70A Stat. 370, related
to effect of a failure to qualify professionally. See section 624 of
this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 5866. Repealed. Pub. L. 85-861, 36B(15), Sept. 2, 1958, 72
Stat. 1571)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 371, related to
delegation of power by President to Secretary of Navy.
10 USC ( 5867. Repealed. Pub. L. 96-513, title III, 333, Dec. 12,
1980, 94 Stat. 2897)
TITLE 10 -- ARMED FORCES
Section, added Pub. L. 85-861, 1(132)(A), Sept. 2, 1958, 72 Stat.
1498, required moral, professional, and physical examinations before
officers of the Naval or Marine Corps Reserves could be promoted to the
next higher grades. See section 624 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC CHAPTER 549 -- RESERVE PROMOTIONS
TITLE 10 -- ARMED FORCES
Sec.
5891. Officers who may be promoted under this chapter.
5892. Numbers that may be promoted.
5893. Selection boards: composition.
5894. Selection boards: oath of members.
5895. Selection boards: information furnished to boards.
5896. Recommendations for promotion by selection boards.
5897. Reports of selection boards.
5898. Action on reports of selection boards.
5899. Eligibility for consideration for promotion: running mates.
5900. Communication with selection board.
5901. Numbers that may be recommended for promotion.
5902. Promotion lists; eligibility for promotion; date of rank.
5903. Failure of selection.
5904. Effect of erroneous omission of name from list furnished to
selection board.
5905. Removal from promotion list.
5906. Effect of transfer to inactive status list.
(5907. Repealed.)
5908. Ensigns; second lieutenants.
5909. Sea or foreign service not required.
5910. Promotions under regulations prescribed by Secretary.
5911. Promotions: temporary; permanent.
5912. Appointing power.
1987 -- Pub. L. 100-180, div. A, title XIII, 1314(b)(8), Dec. 4,
1987, 101 Stat. 1175, and Pub. L. 100-224, 5(b)(4), Dec. 30, 1987,
101 Stat. 1538, amended analysis identically, substituting ''Action''
for ''Actions'' in item 5898.
1986 -- Pub. L. 99-661, div. A, title V, 507(b)(1), Nov. 14,
1986, 100 Stat. 3866, substituted ''Recommendations for promotion by
selection boards'' for ''Selection boards: officers to be recommended
for promotion'' in item 5896, ''Reports of selection boards'' for
''Selection boards: reports; certification required'' in item 5897,
''Actions on reports of selection boards'' for ''Selection boards:
reports; submission to President'' in item 5898, and ''Eligibility for
consideration for promotion: running mates'' for ''Eligibility for
consideration by selection board: promotion zones'' in item 5899.
1980 -- Pub. L. 96-513, title V, 513(11), Dec. 12, 1980, 94 Stat.
2932, struck out item 5907 ''Pay and allowances''.
1958 -- Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1499,
added chapter heading and section analysis.
title 37 section 905.
10 USC 5891. Officers who may be promoted under this chapter
TITLE 10 -- ARMED FORCES
(a) To be eligible for consideration for promotion by a selection
board convened under this chapter, or for promotion under this chapter,
an officer must be in an active status in the Naval Reserve or the
Marine Corps Reserve.
(b) Except as provided in subsections (c) and (d), a reserve officer
who is on the active-duty list maintained under section 620 of this
title is ineligible for promotion under this chapter and for
consideration by a selection board convened under this chapter.
(c) A reserve officer who has been recommended for promotion in the
approved report of a selection board convened under this chapter, and
who is placed on the active-duty list before he is promoted, may be
promoted under this chapter, notwithstanding the fact that he is on the
active-duty list at the time of promotion.
(d) A reserve officer who has been recommended for promotion in the
approved report of a selection board convened under chapter 36 of this
title and who is removed from the active-duty list before he is promoted
may be promoted under this chapter, notwithstanding the fact that he was
on the active-duty list when selected for promotion.
(e) A reserve officer whose name was furnished to a selection board
convened under chapter 36 of this title, and who is removed from the
active-duty list before the corresponding selection board is convened
under this chapter to consider officers of his grade for promotion to
the next higher grade, is ineligible for consideration by the latter
board.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1499;
amended Pub. L. 90-130, 1(20)(A), Nov. 8, 1967, 81 Stat. 379; Pub. L.
96-513, title V, 503(32), Dec. 12, 1980, 94 Stat. 2913; Pub. L.
98-525, title V, 533(e), Oct. 19, 1984, 98 Stat. 2528.)
Senate and House of Representatives reports on the Reserve Officer
Personnel Act of 1954 state, with reference to section 407 of the Act:
''Promotions under this title would include Reserve officers not on
active duty but in an active status in the Reserve and Reserve officers
on continuous active duty under the Reserve program, but Reserve
officers on active duty and on the lineal list would be promoted under
other law, as they are at the present time. Officers of the Naval and
Marine Corps Reserve selected for promotion under any provision of law
would not be penalized by virtue of a change in status with respect to
active duty prior to their promotion.'' (Senate Report No. 2010, July
29, 1954, 83d Congress, 2d Session; House Report No. 1026, July 29,
1953, 83d Congress, 1st Session; both to accompany H.R. 6573).
For clarity, the general rule that this chapter does not cover the
promotion of lineal list officers is set out in subsection (b), and the
exceptions, to protect officers going on or coming off the lineal list
shortly before they are due for consideration for promotion or for
promotion, are covered in subsections (c), (d), and (e).
It should be noted that women officers of the Naval and Marine Corps
Reserve (other than women reserve officers in the Nurse Corps and women
reserve officers appointed under section 5581 of this title) may not be
placed on lineal lists, considered for promotion, or promoted under
title III of the Officer Personnel Act of 1947 because section 215 of
the Women's Armed Services Integration Act of 1948 made title III of the
Officer Personnel Act in applicable to them. These women officers,
therefore, whether or not they are on active duty, are considered for
promotion and promoted under the provisions of the Reserve Officer
Personnel Act of 1954, codified in this chapter. Women officers in
these categories may also be promoted (but only if they are on active
duty) under the act of July 24, 1941, ch. 320 (55 Stat. 603, as
amended; 34 U.S.C. 350-350k) (codified in section 5787 of this title).
The latter act authorizes temporary promotions during war or emergency
of regular and reserve officers on active duty.
1984 -- Subsec. (c). Pub. L. 98-525 substituted ''the active-duty
list'' for ''a lineal list'' in two places.
1980 -- Subsec. (b). Pub. L. 96-513, 503(32)(A), substituted
''Except as provided in subsections (c) and (d), a reserve officer who
is on the active-duty list maintained under section 620'' for ''Except
as provided in subsections (c), (d), and (e), a reserve officer who is
on the lineal list maintained under section 5504''.
Subsec. (c). Pub. L. 96-513, 503(32)(B), redesignated subsec. (d)
as (c). Former subsec. (c), providing that a reserve officer who was
eligible for consideration for promotion by a selection board convened
under chapter 543 of this title, but whose name was not furnished to
that board, could be considered by the corresponding selection board
convened under this chapter to consider officers of his grade for
promotion to the next higher grade and could be promoted under this
chapter even though he was on a lineal list at the time of his selection
and promotion, was struck out.
Subsec. (d). Pub. L. 96-513, 503(32)(B)-(D), redesignated subsec.
(e) as (d) and substituted ''chapter 36 of this title'' for ''chapter
543 of this title'' and ''the active-duty list'' for ''the lineal list''
and ''a lineal list''. Former subsec. (d) redesignated (c).
Subsecs. (e), (f). Pub. L. 96-513, 503(32)(B)-(D), redesignated
subsec. (f) as (e) and substituted ''chapter 36 of this title'' for
''chapter 543 of this title'' and ''the active-duty list'' for ''the
lineal list''. Former subsec. (e) redesignated (d).
Subsec. (g). Pub. L. 96-513, 503(32)(B), struck out subsec. (g)
which provided that, for purposes of this section, a woman officer who
was eligible for consideration for promotion by a selection board
convened under chapter 543 of this title would be considered to be on a
lineal list.
1967 -- Subsec. (g). Pub. L. 90-130 added subsec. (g).
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 25 of Pub. L. 85-861 provided that officers of Naval Reserve
and Marine Corps Reserve who were selected for promotion before July 1,
1955, under regulations could be promoted under this chapter, with the
date of rank and entitlement to pay and allowances prescribed by this
chapter.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5892. Numbers that may be promoted
TITLE 10 -- ARMED FORCES
Each year the Secretary of the Navy shall prescribe the number of
officers in each grade in the Naval Reserve and the Marine Corps Reserve
that may be promoted in that year to the next higher grade under this
chapter. He shall prescribe for each grade the number that he
determines to be necessary to provide --
(1) equitable opportunity for promotion among succeeding groups of
reserve officers; and
(2) an adequate continuing strength of reserve officers in an active
status.
However, the Secretary may not prescribe numbers that will cause the
number of reserve officers in an active status holding permanent
appointments in any grade to exceed the number authorized for that grade
in section 5457 or section 5458 of this title. With respect to the
numbers of reserve officers in the staff corps that may be promoted, the
Secretary shall prescribe numbers that will cause the relationship
between line and staff corps officers in an active status in the Naval
Reserve to conform to that established by the Secretary for regular line
and staff corps officers on the active-duty list under other provisions
of this title.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1500;
amended Pub. L. 96-513, title V, 503(33), Dec. 12, 1980, 94 Stat.
2914.)
1980 -- Pub. L. 96-513 substituted ''established by the Secretary
for regular line and staff corps officers on the active-duty list under
other provisions of this title'' for ''prescribed for line and staff
corps officers on the active list of the Navy''.
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.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
title.
10 USC 5893. Selection boards: composition
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy, or such other authority as he directs,
shall appoint and convene selection boards, each consisting of at least
five officers, to consider for promotion to the next higher grade --
(1) officers of the Naval Reserve in each grade above ensign and
below rear admiral; and
(2) officers of the Marine Corps Reserve in each grade above second
lieutenant and below major general.
(b) At least half the members of each selection board convened under
this section must be reserve officers so far as practicable. All
members of each board must be serving in a grade above the grade in
which the officers that are to be considered by the board are serving.
An officer may not serve on two consecutive boards to consider officers
for promotion to the same grade if the second of the two is to consider
any officer who was considered and not recommended for promotion to that
grade by the first board. Selection boards convened under this section
may serve for as long as the Secretary prescribes, but not longer than
one year.
(c) Regardless of the number of officers appointed to a board under
this section, five officers constitute a quorum. However, at least a
majority of the total membership of the board must concur in each
recommendation made by the board.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1500;
amended Pub. L. 91-199, 2, Feb. 26, 1970, 84 Stat. 16.)
Section 403 of the Reserve Officer Personnel Act of 1954 (50 U.S.C.
1303) provides that the laws relating to the selection for promotion of
officers in the regular components apply to Reserves, except as
otherwise provided. Laws governing the promotion of ensigns and second
lieutenants and officers in the grade of rear admiral or major general
in the regular components do not provide for consideration of these
officers by selection boards. Officers in these grades in the reserve
components are therefore excepted from the groups to be considered by
boards convened under subsection (a).
In subsection (a), the words ''and other boards of officers appointed
under this chapter'', in 50:1193(a), are omitted as without application
to the Navy or the Marine Corps. Boards to consider reserve officers
for involuntary separation from an active status are the only other
boards appointed under the Reserve Officer Personnel Act of 1954, and
the convening of these boards is specifically provided for in section
411(f) of that act. (See sections 6389, 6397, and 6403 of this title.)
1970 -- Subsec. (b). Pub. L. 91-199 substituted provision that all
members of each board be serving in a grade above the grade in which the
officers that are to be considered by the board are serving, for
provision that such members be senior in both permanent and temporary
grade to all officers that are to be considered by the board.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5894. Selection boards: oath of members
TITLE 10 -- ARMED FORCES
Each member of a selection board convened under this chapter shall
swear that he will, without prejudice or partiality, and having in view
both the special fitness of officers and the efficiency of the naval
service, perform the duties imposed on him as a member of the board.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1501.)
The words ''or affirm'' are omitted as unnecessary under the
authority of 1 U.S.C. 1.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5895. Selection boards: information furnished to boards
TITLE 10 -- ARMED FORCES
The Secretary of the Navy shall furnish each board convened under
this chapter with --
(1) the number of officers that the board may recommend for
promotion, as prescribed or determined by him under section 5901 of this
title; and
(2) the names and records of all officers who are eligible for
consideration for promotion by the board.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1501.)
Section 403 of the Reserve Officer Personnel Act of 1954 (50 U.S.C.
1303) makes applicable to non-lineal list reserve officers provisions of
law relating to the selection for promotion of regular officers. The
House and Senate reports cited in the revision note on section 5891 of
this title contain a detailed explanation of the effect of this section.
Among other things, the reports state that the section prescribes ''the
information which shall be furnished selection boards, viz:
(1) The names and records of all officers eligible for consideration.
(2) The number of officers that may be recommended for promotion * *
*''.
The provisions of law relating to regular officers incorporated by
this section are codified in section 5706 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5896. Recommendations for promotion by selection boards
TITLE 10 -- ARMED FORCES
(a) A selection board convened under this chapter 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 Navy
or Marine Corps for officers with particular skills, considers best
qualified for promotion within each competitive category considered by
the board.
(b) A selection board convened under this chapter 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.
(c) Except as otherwise provided by law, an officer of the Naval
Reserve or the Marine Corps Reserve may not be promoted to a higher
grade under this chapter unless the officer is considered and
recommended for promotion to that grade by a selection board convened
under this chapter.
(Added Pub. L. 99-661, div. A, title V, 507(a), Nov. 14, 1986, 100
Stat. 3865.)
A prior section 5896, added Pub. L. 85-861, 1(133), Sept. 2, 1958,
72 Stat. 1501; amended Pub. L. 90-130, 1(20)(B), Nov. 8, 1967, 81
Stat. 379; Pub. L. 90-179, 12, Dec. 8, 1967, 81 Stat. 549; Pub. L.
96-513, title V, 503(34), Dec. 12, 1980, 94 Stat. 2914; Pub. L.
97-22, 10(b)(10)(B), July 10, 1981, 95 Stat. 137, which related to
officers recommended for promotion by selection boards, was repealed by
Pub. L. 99-661, div. A, title V, 507(a), Nov. 14, 1986, 100 Stat.
3865.
Section 507(c) of Pub. L. 99-661 provided that: ''The amendments
made by this section (enacting sections 5896 to 5899 of this title,
amending sections 5903 and 5905 of this title, and repealing former
sections 5896 to 5899 of this title) shall apply to selection boards
convened on or after the date of the enactment of this Act (Nov. 14,
1986).''
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5897. Reports of selection boards
TITLE 10 -- ARMED FORCES
Each selection board convened under this chapter shall submit to the
Secretary of the Navy a written report, signed by each member of the
board, containing a list of the names of the officers recommended for
promotion and certifying (1) that the board has carefully considered the
record of each officer whose name was furnished to the board under
section 5895 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 Navy
or the Marine Corps from among those officers whose names were furnished
to the selection board.
(Added Pub. L. 99-661, div. A, title V, 507(a), Nov. 14, 1986, 100
Stat. 3865.)
A prior section 5897, added Pub. L. 85-861, 1(133), Sept. 2, 1958,
72 Stat. 1502; amended Pub. L. 90-179, 12, Dec. 8, 1967, 81 Stat.
549; Pub. L. 96-513, title V, 503(34), Dec. 12, 1980, 94 Stat. 2914;
Pub. L. 97-22, 10(b)(10)(B), July 10, 1981, 95 Stat. 137; Pub. L.
98-525, title XIV, 1405(47), Oct. 19, 1984, 98 Stat. 2625, which
related to reports and certifications by selection boards, was repealed
by Pub. L. 99-661, div. A, title V, 507(a), Nov. 14, 1986, 100 Stat.
3865.
Section applicable to selection boards convened on or after Nov. 14,
1986, see section 507(c) of Pub. L. 99-661, set out as a note under
section 5896 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5898. Action on reports of selection boards
TITLE 10 -- ARMED FORCES
(a) If, after reviewing the report of a selection board submitted
under section 5897 of this title, the Secretary of the Navy 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 under this subsection, the
selection board (or a subsequent selection board convened under this
chapter 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 5897 of this title.
(b) The Secretary of the Navy shall, after final review of the
report, submit it, together with the Secretary's recommendations, to the
Secretary of Defense for transmittal to the President for approval,
modification, or disapproval.
(c) 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. Such action may be taken at any time before the promotion of
the officer.
(d) 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 those names have not been
sooner disseminated, those 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.
(e) Except as authorized or required by this section, proceedings of
a selection board convened under this chapter may not be disclosed to
any person not a member of the board.
(Added Pub. L. 99-661, div. A, title V, 507(a), Nov. 14, 1986, 100
Stat. 3865.)
A prior section 5898, added Pub. L. 85-861, 1(133), Sept. 2, 1958,
72 Stat. 1503; amended Pub. L. 96-513, title V, 503(34), Dec. 12,
1980, 94 Stat. 2914; Pub. L. 97-22, 10(b)(10)(B), July 10, 1981, 95
Stat. 137, which related to submission of reports of selection boards
to the President, was repealed by Pub. L. 99-661, div. A, title V,
507(a), Nov. 14, 1986, 100 Stat. 3865.
Section applicable to selection boards convened on or after Nov. 14,
1986, see section 507(c) of Pub. L. 99-661, set out as a note under
section 5896 of this title.
Ex. Ord. No. 12605, Aug. 12, 1987, 52 F.R. 30325, 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 in order to delegate certain functions
concerning the promotion of commissioned officers of the Naval Reserve
and the Marine Corps Reserve, it is hereby ordered as follows:
Section 1. The function vested in the President by Section 5898(b)
of Title 10 of the United States Code to approve, modify, or disapprove
the report of a Naval Reserve or Marine Corps Reserve selection board is
delegated to the Secretary of Defense. Nothing in this Section shall be
deemed to delegate the authority vested in the President by Section
5898(c) of Title 10 of the United States Code to remove a name from a
selection board report.
Sec. 2. The function delegated to the Secretary of Defense by this
Order may be redelegated to the Deputy Secretary of Defense, any of the
Assistant Secretaries of Defense, and the Secretary of the Navy who may
further subdelegate such authority to subordinates who are appointed to
their office by the President, by and with the advice and consent of the
Senate.
Sec. 3. With respect to the functions delegated by this Order, all
prior actions taken for or on behalf of the President that would have
been valid if taken pursuant to this Order are ratified.
Ronald Reagan.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5899. Eligibility for consideration for promotion: running
mates
TITLE 10 -- ARMED FORCES
An officer is in the promotion zone and is eligible for consideration
for promotion to the next higher grade by a selection board convened
under this chapter when that officer's running mate is in or above the
promotion zone established for that officer's present grade under
chapter 36 of this title.
(Added Pub. L. 99-661, div. A, title V, 507(a), Nov. 14, 1986, 100
Stat. 3866.)
A prior section 5899, added Pub. L. 85-861, 1(133), Sept. 2, 1958,
72 Stat. 1503; amended Pub. L. 86-559, 1(42), June 30, 1960, 74
Stat. 274; Pub. L. 89-275, 1, 2, Oct. 20, 1965, 79 Stat. 1010;
Pub. L. 89-609, 1(14), Sept. 30, 1966, 80 Stat. 853; Pub. L.
90-130, 1(20)(C), Nov. 8, 1967, 81 Stat. 379; Pub. L. 96-513, title
V, 503(35), Dec. 12, 1980, 94 Stat. 2914; Pub. L. 97-22,
10(b)(10)(B), July 10, 1981, 95 Stat. 137, which related to eligibility
of officers in promotion zones for consideration by selection boards,
was repealed by Pub. L. 99-661, div. A, title V, 507(a), Nov. 14,
1986, 100 Stat. 3865.
Section applicable to selection boards convened on or after Nov. 14,
1986, see section 507(c) of Pub. L. 99-661, set out as a note under
section 5896 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5900. Communication with selection board
TITLE 10 -- ARMED FORCES
An officer who is eligible for consideration for promotion by a
selection board convened under this chapter has the right to send a
communication through official channels, inviting attention to any
matter of record in the armed forces concerning himself that he
considers important in his case. The communication may not criticize
any officer or reflect upon the character, conduct, or motive of any
officer. A communication sent under this section must arrive by the
time the board convenes.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1504.)
The words ''convened under this chapter'' are inserted for clarity
and accuracy. A corresponding but slightly different provision relating
to regular officers and lineal-list Reserves is codified in section 5755
of this title. The word ''written'' is omitted as surplusage. The
words ''considers important in his case'' are substituted for the words
''deems important to his consideration'' for clarity.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5901. Numbers that may be recommended for promotion
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy shall prescribe, subject to section
5892 of this title, and shall furnish to the appropriate selection board
convened under this chapter, the number of officers in each category
that the Board may recommend for promotion.
(b) Within the number to be recommended that the Secretary furnishes
to a selection board considering line officers of the Naval Reserve for
promotion to any grade, the Secretary may specify numbers of officers of
stated qualifications and experience that are required to meet
mobilization needs in that grade.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1504;
amended Pub. L. 96-513, title V, 503(36), Dec. 12, 1980, 94 Stat.
2914.)
1980 -- Subsec. (c). Pub. L. 96-513 struck out subsec. (c) which
provided that the numbers furnished to selection boards under this
section would be determined by the Secretary in accordance with the
procedures prescribed in sections 5756-5763 of this title, except as
might be necessary, in the discretion of the Secretary, to adapt those
procedures to the reserve components.
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.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5902. Promotion lists; eligibility for promotion; date of
rank
TITLE 10 -- ARMED FORCES
(a) Officers of the Naval Reserve and the Marine Corps Reserve who
are recommended for promotion in the report of a selection board
convened under this chapter are considered as selected for promotion
upon approval of the report by the President. The names of these
officers shall be placed on the promotion list for officers of their
grade.
(b) An officer of the Naval Reserve whose name is on a promotion list
established under this section is eligible for promotion to the grade
for which selected when the officer who is to be his running mate in the
higher grade becomes eligible for promotion under chapter 36 of this
title. When promoted, he shall be given the same date of rank as that
given to his running mate in the grade to which promoted.
(c) An officer of the Marine Corps Reserve whose name is on a
promotion list established under this chapter is eligible for promotion
to the grade for which selected when the officer who is to be his
running mate in the higher grade becomes eligible for promotion under
chapter 36 of this title. When promoted, he shall be given the same
date of rank as that given to his running mate in the grade to which
promoted.
(d) The promotion of an officer of the Naval Reserve or the Marine
Corps Reserve who is under investigation or against whom proceedings of
a court-martial or a board of officers are pending may be delayed by the
Secretary of the Navy until the investigation or proceedings are
completed. However, the promotion of an officer may not be delayed
under this subsection for more than one year after the date he is
selected for promotion unless the Secretary determines that a further
delay is necessary in the public interest.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1504;
amended Pub. L. 86-559, 1(43), June 30, 1960, 74 Stat. 274; Pub. L.
89-731, 3-5, Nov. 2, 1966, 80 Stat. 1160; Pub. L. 96-513, title V,
503(37), Dec. 12, 1980, 94 Stat. 2914.)
Section 406 of the Reserve Officer Personnel Act of 1954 (50 U.S.C.
1306) makes applicable to reserve officers on a promotion list the laws
relating to promotion and eligibility for promotion of regular officers
on a promotion list, except that non-lineal-list officers in the line of
the Naval Reserve and non-lineal-list officers of the Marine Corps
Reserve, instead of being promoted to fill vacancies in the higher
grade, are promoted when their lineal-list contemporaries are promoted.
Staff corps officers, both in the Regular Navy and in the Naval Reserve,
are promoted with their running mates. Provisions relating to the
eligibility for promotion of regular and lineal-list staff corps
officers are codified in sections 5773 and 5774 of this title.
Officers of the Marine Corps Reserve not on a lineal list have
regular officers as running mates. It is possible for a number of
lineal-list reserve officers to rank below a non-lineal-list Reserve and
above his running mate. In such a case, the non-lineal-list Reserve's
eligibility for consideration for promotion and for promotion is made to
depend not on his running mate, but on the lineal-list Reserve next
junior to him (sections 405 and 406 of the Reserve Officer Personnel Act
of 1954 (50 U.S.C. 1305, 1306)). The result is the same as that
produced in the Navy by assigning lineal-list officers as running mates
of non-lineal-list Reserves, but differences in phraseology are required
to describe the process.
Women officers of the Naval Reserve and the Marine Corps Reserve
(except officers in the Nurse Corps and officers appointed under section
5581 of this title) have women regular officers as running mates.
However, there are no women line officers of the Naval Reserve and no
women officers of the Marine Corps Reserve on the lineal lists, since
section 215 of the Women's Armed Services Integration Act of 1948 (34
U.S.C. 105j) made Title III of the Officer Personnel Act of 1947
inapplicable to such women officers. The problem of tying a woman
reserve officer's eligibility for promotion to someone other than her
running mate does not, therefore, exist either in the Navy or in the
Marine Corps.
1980 -- Subsecs. (b), (c). Pub. L. 96-513 substituted ''chapter
36'' for ''chapter 545''.
1966 -- Subsec. (c). Pub. L. 89-731, 3, substituted provision
incorporating the substance of former subsec. (d) as adapted for
application to both male and female officers of the Marine Corps Reserve
for provisions establishing separate procedures for male officers based
upon placement of the officer's running mate or selected officer on the
lineal list junior to his running mate in or above the promotional zone.
Subsecs. (d), (e). Pub. L. 89-731, 4, 5, redesignated subsec. (e)
as (d) and repealed former subsec. (d) which as adapted for application
to both male and female officers of the Marine Corps Reserve. See
subsec. (c).
1960 -- Subsec. (e). Pub. L. 86-559 added subsec. (e).
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.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5903. Failure of selection
TITLE 10 -- ARMED FORCES
An officer of the Naval Reserve or the Marine Corps Reserve is
considered as having failed of selection for promotion if --
(1) he is in a promotion zone established under this chapter;
(2) his name is furnished to the appropriate selection board; and
(3) he is not selected for promotion.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1505;
amended Pub. L. 90-130, 1(20)(D), Nov. 8, 1967, 81 Stat. 380; Pub. L.
99-661, div. A, title V, 507(b)(2), Nov. 14, 1986, 100 Stat.
The House and Senate reports cited in the revision note on section
5891 of this title state that section 403 of the Reserve Officer
Personnel Act of 1954 (50 U.S.C. 1303), ''by making applicable to Naval
and Marine Corps Reserve officers those provisions of law * * * which
relate to the selection for promotion of officers of the Regular
components, would * * * provide a definition of failure of selection''.
The definition of ''failure of selection'' for regular officers and
lineal-list Reserves is codified in section 5776 of this title.
Differences between that section and this section are due to differences
between the Officer Personnel Act of 1947 and the Reserve Officer
Personnel Act of 1954. (1) Under the former Act, officers who are
eligible for consideration for promotion include officers above the
promotion zone, in the zone, and below the zone, whereas under the
latter Act, the zone of eligibility and the promotion zone are
identical, because no one is above the zone and no one below the zone is
eligible for consideration. (2) There are no reserve officers who are
restricted in the performance of duty. Therefore, this section has no
counterpart for section 5776 (b). (3) In section 5776, subsection (a)
covers male line officers, subsection (c) covers staff corps officers
except certain officers in the Nurse Corps and women officers appointed
under section 5590 of this title, and subsections (d) and (e) cover the
officers excepted from subsection (c). This breakdown is not necessary
in the present section. The Reserve Officer Personnel Act of 1954
provides for promotion zones for male line and staff corps officers of
the Naval Reserve and male officers of the Marine Corps Reserve, but
none for ''women officers'' or officers in the Nurse Corps Reserve. The
latter two classes cannot be considered as having failed of selection,
since promotion zones are essential to that concept. The others can,
and the rule is the same as to all of them.
The source for subsection (b) has no counterpart in the laws relating
to regular and lineal-list reserve officers.
The words ''a woman officer appointed under section 5581 of this
title'' are inserted in this section as required by the act of June 24,
1952, ch. 457, 66 Stat. 155 (34 U.S.C. 21e). These officers are not
''women officers'' within the meaning of the Reserve Officer Personnel
Act of 1954, but are required to be promoted and retired as if they were
men. See the revision note on section 5665 of this title.
1986 -- Pub. L. 99-661, 507(b)(2), struck out the subsec. (a)
designation and struck out subsec. (b) which provided that an officer
of the Naval or Marine Corps Reserve whose name is withheld from
consideration by two selection boards from promotion to the same higher
grade is considered as having twice failed for selection for promotion
to that grade.
1967 -- Pub. L. 90-130 struck out provisions which excepted women
officers of the Naval Reserve and Marine Corps Reserve other than women
officers appointed under section 5581 of this title from the effect of
this section.
Amendment by Pub. L. 99-661 applicable to selection boards convened
on or after Nov. 14, 1986, see section 507(c) of Pub. L. 99-661, set
out as an Effective Date note under section 5896 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5904. Effect of erroneous omission of name from list furnished
to selection board
TITLE 10 -- ARMED FORCES
An officer of the Naval Reserve or the Marine Corps Reserve who has
met the requirements for eligibility for consideration for promotion but
whose name is omitted by administrative error from the list of officers
furnished a selection board is not considered as having failed of
selection for promotion by that board. If he is selected for promotion
by the next selection board to consider officers of the same grade, he
is entitled to the same date of rank and to the pay and allowances of
the higher grade for duty performed from the same date as if he had been
selected by the board from which his name was erroneously withheld.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1505.)
Although officers in categories for which promotion zones are
established are the only ones that may be considered as ''having failed
of selection'', this section is not limited to officers in these
categories. The source was clearly intended, not only to protect those
officers from the consequences of failure of selection but also to
protect them and all other reserve officers, including ''women
officers'' and officers in the Nurse Corps, from loss of precedence,
pay, and allowances through administrative error.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5905. Removal from promotion list
TITLE 10 -- ARMED FORCES
(a) The President may remove the name of any reserve officer from a
promotion list established under this chapter. Such action may be taken
at any time before the promotion of the officer.
(b) The name of a reserve officer selected under this chapter for
promotion to a grade above captain in the Navy or above colonel in the
Marine Corps shall be removed from the promotion list if the Senate
rejects his appointment to the grade for which he has been recommended.
(c) An officer whose name is removed from a promotion 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, and the report of the board is approved by the President, his
name shall be placed on the promotion list without prejudice and, if he
is promoted, he shall have the same date of rank that he would have had
if this name had not been removed. However, if the officer is not
recommended for promotion in the approved report of the next selection
board, or if he is so recommended but the President removes his name
from the promotion list or the Senate rejects his appointment, he is
considered for all purposes as having twice failed of selection for
promotion.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1505;
amended Pub. L. 96-513, title V, 503(38), Dec. 12, 1980, 94 Stat.
2914; Pub. L. 99-661, div. A, title V, 507(b)(3), Nov. 14, 1986, 100
Stat. 3866; Pub. L. 100-456, div. A, title V, 502(a), Sept. 29, 1988,
102 Stat. 1966.)
The corresponding provision applicable to regular officers and
lineal-list reserve officers is codified in section 5777 of this title.
The reason for the difference in language in subsection (b) of this
section and section 5777(b) is that Senate confirmation is required for
appointments of regular officers in all grades but is not required for
appointments of reserve officers in grades below flag and general
officer grades.
1988 -- Subsec. (a). Pub. L. 100-456 amended first sentence
generally. Prior to amendment, first sentence read as follows: ''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.''
1986 -- Subsec. (a). Pub. L. 99-661 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''The President may
remove the name of any reserve officer from a promotion list established
under this chapter''.
1980 -- Subsec. (c). Pub. L. 96-513 substituted ''he shall have the
same date of rank'' for ''he shall have the same lineal rank and date of
rank''.
Section 502(b) of Pub. L. 100-456 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to removal
actions taken by the President on or after the date of the enactment of
this Act (Sept. 29, 1988).''
Amendment by Pub. L. 99-661 applicable to selection boards convened
on or after Nov. 14, 1986, see section 507(c) of Pub. L. 99-661, set
out as an Effective Date note under section 5896 of this title.
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.
Ex. Ord. No. 12799, Apr. 7, 1992, 57 F.R. 12401, 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 section 5905(a) of title 10 of the
United States Code, and in order to delegate authority to perform a
certain function concerning the promotion of commissioned officers of
the Naval Reserve and Marine Corps Reserve, it is hereby ordered as
follows:
Section 1. The authority vested in the President by section 5905(a)
of title 10 of the United States Code to remove the name of any
commissioned officer of the Naval Reserve or Marine Corps Reserve from a
promotion list is delegated to the Secretary of Defense in cases
concerning promotion to any grade below rear admiral (lower half) or
brigadier general, without need for approval, ratification, or other
action by the President. Nothing in this section shall be deemed to
delegate the authority vested in the President by section 5898(c) of
title 10 of the United States Code to remove a name from a selection
board report.
Sec. 2. The authority delegated to the Secretary of Defense by this
order may be redelegated to the Deputy Secretary of Defense, any of the
Assistant Secretaries of Defense, or the Secretary of the Navy, who may
further subdelegate such authority to subordinates who are appointed to
their office by the President, by and with the advice and consent of the
Senate.
Sec. 3. With respect to the functions delegated by this order, all
prior actions taken for or on behalf of the President that would have
been valid if taken pursuant to this order are ratified.
George Bush.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5906. Effect of transfer to inactive status list
TITLE 10 -- ARMED FORCES
A reserve officer who is recommended for promotion by a selection
board convened under this chapter or under chapter 36 of this title, and
who, at the time he would otherwise be promoted, is ineligible for
promotion because he has been transferred to the inactive status list,
shall be treated as if he had not been considered for promotion by the
selection board that last considered him. If he is later returned to an
active status, his name may not be placed on a promotion list for
promotion to the next higher grade until he is considered by another
selection board and is recommended for promotion in the approved report
of that board.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1506;
amended Pub. L. 96-513, title V, 503(39), Dec. 12, 1980, 94 Stat.
2914.)
1980 -- Pub. L. 96-513 substituted ''chapter 36'' for ''chapter
543''.
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.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC ( 5907. Repealed. Pub. L. 87-649, 14c(33), Sept. 7, 1962, 76
Stat. 501)
TITLE 10 -- ARMED FORCES
Section, added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat.
1506; Pub. L. 86-559, 1(44), June 30, 1960, 74 Stat. 274, related to
pay and allowances of reserve officers promoted to a grade above
lieutenant (junior grade) in the Naval Reserve or above first lieutenant
in the Marine Corps Reserve, and is covered by section 905 of Title 37,
Pay and Allowances of the Uniformed Services.
Section repealed effective Nov. 1, 1962, see section 15 of Pub. L.
87-649, set out as an Effective Date note preceding section 101 of Title
37, Pay and Allowances of the Uniformed Services.
10 USC 5908. Ensigns; second lieutenants
TITLE 10 -- ARMED FORCES
(a) An ensign in the Naval Reserve or a second lieutenant in the
Marine Corps Reserve is eligible for promotion to the grade of
lieutenant (junior grade) or first lieutenant, as appropriate, upon
completing three years of service in grade in an active status computed
from his date of rank in the grade of ensign or second lieutenant.
(b) The Secretary of the Navy may withhold from promotion any officer
who is otherwise eligible for promotion under this section but who has
failed to meet the requirements for promotion prescribed by the
Secretary.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1506;
amended Pub. L. 87-649, 14c(34), Sept. 7, 1962, 76 Stat. 501.)
The statement as to pay and allowances is derived from the law
relating to regular officers. That law is codified in section 5788 of
this title.
1962 -- Subsec. (a). Pub. L. 87-649 repealed sentence which related
to entitlement to pay and allowances of the higher grade for duty
performed from the date given as his date of rank. See section 905 of
Title 37, Pay and Allowances of the Uniformed Services.
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15
of Pub. L. 87-649, set out as an Effective Date note preceding section
101 of Title 37, Pay and Allowances of the Uniformed Services.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
title 37 section 905.
10 USC 5909. Sea or foreign service not required
TITLE 10 -- ARMED FORCES
Sea or foreign service may not be made a prerequisite for the
promotion of reserve officers under this chapter.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1506.)
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5910. Promotions under regulations prescribed by Secretary
TITLE 10 -- ARMED FORCES
(a) Notwithstanding any other provision of this chapter, an officer
of the Naval Reserve in a grade above ensign may be promoted under
regulations prescribed by the Secretary of the Navy whenever any part of
the law governing the promotion of his running mate is suspended by the
President. An officer of the Naval Reserve in the grade of ensign may
be promoted under regulations prescribed by the Secretary whenever
ensigns on the active-duty list of the Navy are being promoted with less
than three years of service in that grade.
(b) Notwithstanding any other provision of this chapter, an officer
of the Marine Corps Reserve in a grade above second lieutenant may be
promoted under regulations prescribed by the Secretary whenever any part
of the law governing the promotion of his running mate is suspended by
the President. An officer of the Marine Corps Reserve in the grade of
second lieutenant may be promoted under regulations prescribed by the
Secretary whenever second lieutenants on the active-duty list of the
Marine Corps are being promoted with less than three years of service in
that grade.
(c) Promotions under subsections (a) and (b) may be made in such
numbers as the Secretary prescribes.
(d) In the regulations prescribed by him for the promotion of reserve
officers under subsections (a) and (b), the Secretary shall provide for
equality of opportunity for consideration for promotion among officers
of the Naval Reserve and among officers of the Marine Corps Reserve,
respectively.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1506;
amended Pub. L. 96-513, title V, 503(40), Dec. 12, 1980, 94 Stat.
2914.)
1980 -- Subsecs. (a), (b). Pub. L. 96-513 substituted ''active-duty
list'' for ''active list''.
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.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5911. Promotions: temporary; permanent
TITLE 10 -- ARMED FORCES
Notwithstanding any other provision of law, the promotion of a
reserve officer under this chapter shall be made by a temporary
appointment if the promotion of his running mate is made by a temporary
appointment. If the running mate's temporary appointment is terminated
for reasons other than disciplinary and he reverts to a lower grade, the
temporary appointment of the reserve officer shall also be terminated
and the reserve officer reverts to the same lower grade in the same
manner as his running mate and with corresponding rank. If the running
mate is permanently appointed in the grade in which he is serving under
a temporary appointment, the reserve officer shall be permanently
appointed in the grade in which he is serving under a temporary
appointment.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1507;
amended Pub. L. 86-559, 1(45), June 30, 1960, 74 Stat. 274.)
1960 -- Pub. L. 86-559 substituted ''shall be permanently
appointed'' for ''may be permanently appointed''.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 5912. Appointing power
TITLE 10 -- ARMED FORCES
Permanent and temporary appointments under this chapter in grades
above lieutenant commander in the Naval Reserve and in grades above
major in the Marine Corps Reserve shall be made by the President, by and
with the advice and consent of the Senate. All other permanent and
temporary appointments under this chapter shall be made by the President
alone.
(Added Pub. L. 85-861, 1(133), Sept. 2, 1958, 72 Stat. 1507;
amended Pub. L. 92-129, title VI, 603(d), Sept. 28, 1971, 85 Stat.
362.)
This revised section reflects sections 218 and 219 of the Armed
Forces Reserve Act of 1952 (formerly 50 U.S.C. 942 and 943).
1971 -- Pub. L. 92-129 substituted ''grades above lieutenant
commander in the Naval Reserve and in grades above major in the Marine
Corps Reserve'' for ''grades above captain in the Naval Reserve and in
grade above colonel in the Marine Corps Reserve''.
10 USC CHAPTER 551 -- OFFICERS IN COMMAND
TITLE 10 -- ARMED FORCES
Sec.
(5941. Repealed.)
5942. Aviation commands: eligibility.
5943. Naval shipyards.
5944. Marine Corps officers: limitation on power to command.
5945. Staff corps officers: limitation on power to command.
5946. Precedence accorded commanding officers.
5947. Requirement of exemplary conduct.
5948. Consular powers: senior officer present afloat.
5949. Policy as to leave and liberty.
(5950. Repealed.)
5951. Continuation of authority after loss of vessel or aircraft.
5952. Marine Corps organizations on vessels: authority of officers.
(5953 to 5955. Repealed.)
1980 -- Pub. L. 96-513, title V, 503(41), Dec. 12, 1980, 94 Stat.
2914, struck out item 5955 ''Retired officers withdrawn from command''.
1968 -- Pub. L. 90-235, 5(a)(4), (b)(2), Jan. 2, 1968, 81 Stat.
761, struck out item 5941 ''Assignment to command: regulations'', item
5950 ''Exemption from Supply Corps duties'', item 5953 ''Executive
officer: assignment; authority'', and item 5954 ''Command: when
different commands of Marine Corps and Army or Air Force join''.
10 USC ( 5941. Repealed. Pub. L. 90-235, 5(b)(1), Jan. 2, 1968, 81
Stat. 761)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 371, authorized
President to prescribe regulations governing the assignment of officers
to command fleets, subdivisions of fleets, and vessels.
10 USC 5942. Aviation commands: eligibility
TITLE 10 -- ARMED FORCES
(a) To be eligible to command an aircraft carrier or an aircraft
tender, an officer must be an officer in the line of the Navy who is
designated as a naval aviator or naval flight officer and who is
otherwise qualified.
(b) To be eligible to command a naval aviation school, a naval air
station, or a naval aviation unit organized for flight tactical
purposes, an officer must be an officer in the line of the Navy
designated as a naval aviator or naval flight officer.
(c) To be eligible to command a Marine Corps aviation school, a
Marine Corps air station, or a Marine Corps aviation unit organized for
flight tactical purposes, an officer must be an officer of the Marine
Corps designated as a naval aviator or naval flight officer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 371; Feb. 26, 1970, Pub. L.
91-198, 1(1), 84 Stat. 15.)
The last proviso of 8 of the Act of July 12, 1921, ch. 44 (34
U.S.C. 734), was superseded by paragraphs 4, 5, and 7 of 3 of the Act
of June 24, 1926, ch. 668 (34 U.S.C. 735), insofar as ships and
activities mentioned in those paragraphs are concerned. The
requirements of this section are stated as conditions of eligibility for
clarity.
1970 -- Subsec. (a). Pub. L. 91-198 substituted ''naval flight
officer'' for ''naval aviation observer''.
Subsecs. (b), (c). Pub. L. 91-198 inserted ''or naval flight
officer'' after ''naval aviator''.
Aviation designations: naval aviator, naval flight officer, see
sections 2003 and 6024 of this title.
10 USC 5943. Naval shipyards
TITLE 10 -- ARMED FORCES
Commanders of naval shipyards may be selected by the President from
officers of the Navy not below the grade of commander.
(Aug. 10, 1956, ch. 1041, 70A Stat. 371.)
The words ''Commanders of naval shipyards'' are substituted for the
words ''commandants of the several navy yards'' to conform to present
terminology. The words ''of the Navy'' are inserted for clarity.
10 USC 5944. Marine Corps officers: limitation on power to command
TITLE 10 -- ARMED FORCES
Officers of the Marine Corps may not command vessels or naval
shipyards.
(Aug. 10, 1956, ch. 1041, 70A Stat. 371.)
The words ''of the United States'' are omitted as surplusage. The
word ''command'' is substituted for the words ''exercise command over
any''.
10 USC 5945. Staff corps officers: limitation on power to command
TITLE 10 -- ARMED FORCES
An officer in a staff corps may command only such activities as are
appropriate to his corps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 371; Nov. 8, 1967, Pub. L.
90-130, 1(21), 81 Stat. 380.)
The provision of 7 of the Act of March 3, 1899 (supra), relating to
relative rank is omitted as executed. The provision that the rank
conferred upon staff corps officers shall not change their titles is
omitted because these titles were abolished by 405 of the Officer
Personnel Act of 1947 (34 U.S.C. 10a) and the corresponding line grades
substituted. The cited proviso in the Act of June 24, 1910 (34 U.S.C.
253 (proviso)) is omitted as obsolete because the officers referred to
were officers of the Construction Corps which has been abolished.
The first sentence of this section is phrased so as to reflect the
accepted meaning of the cited provision. 34 U.S.C. 253, as worded, if
interpreted literally, could be held to prohibit, for example, the
assignment of members of the Medical Service Corps, Nurse Corps, and
Hospital Corps to duty under officers of the Medical Corps, despite the
fact that all of these corps were established by law within the Medical
Department of the Navy. The provision is not so interpreted. It is
understood to restrict only the types of activities that staff corps
officers may command, and not to restrict to a single corps the
personnel who may be assigned to an activity commanded by a staff corps
officer.
1967 -- Pub. L. 90-130 struck out provision that an officer in the
Nurse Corps may not exercise command.
10 USC 5946. Precedence accorded commanding officers
TITLE 10 -- ARMED FORCES
The commanding officer of a vessel or of a naval station takes
precedence over all officers under his command.
(Aug. 10, 1956, ch. 1041, 70A Stat. 372.)
The word ''placed'' is omitted as surplusage. The words ''of war''
are omitted to avoid an erroneous implication that the section does not
apply to the commanding officers of noncombatant ships of the Navy. As
of the date of enactment of R.S. 1468, all vessels of the Navy were
''vessels of war''; the elimination of the words, therefore, preserves
the purpose of the statute.
10 USC 5947. Requirement of exemplary conduct
TITLE 10 -- ARMED FORCES
All commanding officers and others in authority in the naval service
are required to show in themselves a good example of virtue, honor,
patriotism, and subordination; to be vigilant in inspecting the conduct
of all persons who are placed under their command; to guard against and
suppress all dissolute and immoral practices, and to correct, according
to the laws and regulations of the Navy, all persons who are guilty of
them; and to take all necessary and proper measures, under the laws,
regulations, and customs of the naval service, to promote and safeguard
the morale, the physical well-being, and the general welfare of the
officers and enlisted persons under their command or charge.
(Aug. 10, 1956, ch. 1041, 70A Stat. 372.)
10 USC 5948. Consular powers: senior officer present afloat
TITLE 10 -- ARMED FORCES
In any foreign port where there is no resident consul of the United
States, or on the high seas, the senior officer present afloat has the
powers of a consul in relation to mariners of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 372.)
The words ''the senior officer present afloat'' are substituted for
the words ''The commanding officer of any fleet, squadron, or vessel
acting singly''. At the time of enactment of the Revised Statutes, the
word ''squadron'' meant any number of vessels more than one. Today the
concept of ''senior officer present afloat'' covers as nearly as
possible the current equivalent of the original statute.
10 USC 5949. Policy as to leave and liberty
TITLE 10 -- ARMED FORCES
The commanding officer of a vessel shall favor the faithful and
obedient in granting leave and liberty.
(Aug. 10, 1956, ch. 1041, 70A Stat. 372.)
The words ''to exercise carefully a discrimination in'' are omitted
as surplusage. The words ''leave and liberty'' are substituted for
''temporary leave of absence and liberty on shore'' to conform to modern
terminology.
10 USC ( 5950. Repealed. Pub. L. 90-235, 5(b)(1), Jan. 2, 1968, 81
Stat. 761)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 372, provided that
the commanding officer of a vessel could not be required to perform the
duties of an officer in the Supply Corps.
10 USC 5951. Continuation of authority after loss of vessel or
aircraft
TITLE 10 -- ARMED FORCES
If the crew of any naval vessel or naval aircraft are separated from
their vessel or aircraft because of its wreck, loss, or destruction, all
the command and authority given to the officers of the vessel or
aircraft remain in full force until the crew are discharged or
reassigned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 372.)
The word ''officers'' is substituted for the word ''officer'' since
the cited subsection of the Act of May 5, 1950, was intended to reenact
the substance of Article 21 of the Articles for the Government of the
Navy (R.S. 1624; 34 U.S.C. 1200), in which the word ''officers'' was
used. The words ''regularly'' and ''by competent authority'' are
omitted as surplusage.
10 USC 5952. Marine Corps organizations on vessels: authority of
officers
TITLE 10 -- ARMED FORCES
When an organization of the Marine Corps is embarked in any vessel,
not as part of the authorized complement of the vessel, the authority of
the officers of that organization is the same as though the organization
were serving at a naval station. However, this section does not impair
the paramount authority of the commanding officer of a vessel over the
vessel and all persons embarked in it.
(Aug. 10, 1956, ch. 1041, 70A Stat. 372.)
The words ''organization of the Marine Corps'' are substituted for
''force of marines'' for clarity. The words ''or vessels'', ''and
powers'', ''on shore'', and ''under his command'' are omitted as
surplusage.
10 USC ( 5953, 5954. Repealed. Pub. L. 90-235, 5(a)(2), (b)(1), Jan.
2, 1968, 81 Stat. 761)
TITLE 10 -- ARMED FORCES
Section 5953, act Aug. 10, 1956, ch. 1041, 70A Stat. 372, provided
for the assignment and authority of executive officers of vessels or
naval stations.
Section 5954, act Aug. 10, 1956, ch. 1041, 70A Stat. 373, provided
for command when different commands of the Marine Corps and the Army or
the Marine Corps and the Air Force joined or served together. See
section 747 of this title.
10 USC ( 5955. Repealed. Pub. L. 96-513, title III, 361(a), Dec. 12,
1980, 94 Stat. 2902)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 373, directed that
retired officers of the Navy be withdrawn from command. See section 750
of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC CHAPTER 553 -- SPECIAL ASSIGNMENTS AND DETAILS
TITLE 10 -- ARMED FORCES
Sec.
(5981, 5982. Repealed.)
5983. State Department: assignment of enlisted members as
custodians of buildings in foreign countries.
(5984. Repealed.)
5985. Nautical Schools: detail of naval officers as superintendents
or instructors.
5986. Technical institutions: detail of naval officers to promote
knowledge of naval engineering and naval architecture.
(5987. Repealed.)
1980 -- Pub. L. 96-513, title V, 503(42), Dec. 12, 1980, 94 Stat.
2914, struck out item 5982 ''Ships and squadrons: detail of retired
officers to command''.
1970 -- Pub. L. 91-482, 2C, Oct. 21, 1970, 84 Stat. 1082, struck
out item 5981 ''Squardrons: detail of officers on active list to
command''.
1968 -- Pub. L. 90-235, 4(a)(4), (b)(3), Jan. 2, 1968, 81 Stat.
759, 760, struck out item 5984 ''Military institutions and colleges:
details as superintendents and instructors'', and item 5987 ''American
National Red Cross: detail of officers in the Medical Corps''.
10 USC ( 5981. Repealed. Pub. L. 91-482, 1(a), Oct. 21, 1970, 84
Stat. 1082)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 373, provided that
the President could select any officer on the active list of the Navy
not below the grade of commander and assign him to the command of a
squadron, with the rank and title of a flag officer.
10 USC ( 5982. Repealed. Pub. L. 96-513, title III, 361(b), Dec. 12,
1980, 94 Stat. 2902)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 373, authorized a
detail of retired officers to command ships and squadrons in time of
war. See section 688 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 5983. State Department: assignment of enlisted members as
custodians of buildings in foreign countries
TITLE 10 -- ARMED FORCES
Upon the request of the Secretary of State, the Secretary of the Navy
may assign enlisted members of the naval service to serve as custodians
under the supervision of the principal officer at any embassy, legation,
or consulate.
(Aug. 10, 1956, ch. 1041, 70A Stat. 374.)
10 USC ( 5984. Repealed. Pub. L. 90-235, 4(b)(1), Jan. 2, 1968, 81
Stat. 760)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 374, provided for
detail to military institutions and colleges that gave instruction and
drill in military tactics of officers of the Navy as superintendents or
professors and retired officers and petty officers of the Navy, with
their consent, as instructors in military drill and tactics.
10 USC 5985. Nautical Schools: detail of naval officers as
superintendents or instructors
TITLE 10 -- ARMED FORCES
The President may detail officers of the Navy as superintendents or
instructors of institutions receiving benefits under section 1304 of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1295c), when in his opinion it
can be done without detriment to the naval service. Officers so
detailed shall be recalled from an institution if it is discontinued or
if the good of the naval service requires.
(Aug. 10, 1956, ch. 1041, 70A Stat. 374; Nov. 8, 1985, Pub. L.
99-145, title XIII, 1303(a)(21), 99 Stat. 739.)
The words ''naval service'' are substituted for the words ''public
service'' for uniformity within the section. The citation of the act
establishing the nautical institutions is substituted for the words
''such schools'' for clarity. The word ''proper'' is omitted as
surplusage.
1985 -- Pub. L. 99-145 substituted ''section 1304 of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1295c)'' for ''the Act of March 4,
1911, ch. 265, 36 Stat. 1353, as amended''.
10 USC 5986. Technical institutions: detail of naval officers to
promote knowledge of naval engineering and naval architecture
TITLE 10 -- ARMED FORCES
(a) To promote a knowledge of naval engineering and naval
architecture, the President, upon the application of any established
scientific school or college in the United States, the Territories,
Commonwealths, or possessions, may detail a qualified officer of the
Navy as a professor in that school or college. The number of officers
detailed under this section may not exceed 25 at any one time.
(b) The President may prescribe regulations for detailing such
officers and may recall them when the public interest requires.
(Aug. 10, 1956, ch. 1041, 70A Stat. 374.)
In subsection (a) the words ''To promote'' are substituted for the
words ''For the purposes of promoting'' for brevity and the words
''among the young men of the United States'' are omitted as surplusage.
The words ''naval engineering'' are substituted for the words ''steam
engineering'' and the words ''naval architecture'' are substituted for
the words ''iron-ship building'' to conform to current terminology and
to express more clearly the intent of the statute. The words ''the
Territories, Commonwealths, or possessions'' are inserted, since the
words ''United States'' in the source statute are considered to have
included all areas under the United States flag.
Section 1 of the Act of March 3, 1899, ch. 413, 30 Stat. 1004,
transferred officers of the Engineer Corps of the Navy to the line of
the Navy; therefore, in subsection (a) the words ''qualified officer''
are substituted for the words ''engineer officer'' to preserve the
meaning of the section and to include any officer possessing adequate
background and training in engineering duties.
In subsection (b) the word ''regulations'' is substituted for the
word ''rules'', and the words ''public interest'' are substituted for
the words ''public service'' to conform to current terminology.
10 USC ( 5987. Repealed. Pub. L. 90-235, 4(a)(2), Jan. 2, 1968, 81
Stat. 759)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 374, provided for
the detail of officers in the Medical Corps of the Navy for duty with
the Services to the Armed Forces Division of the American National Red
Cross. See section 711a of this title.
10 USC CHAPTER 555 -- ADMINISTRATION
TITLE 10 -- ARMED FORCES
Sec.
6011. Navy Regulations.
6012. Additional regulations for Marine Corps.
6013. Enlisted grades and ratings: authority to establish.
6014. Enlisted members: authority for transfer between Marine Corps
and Hospital Corps of the Navy.
6015. Women members: duty; qualifications; restrictions.
(6016. Repealed.)
6017. Retired list for Reserve members entitled to retired pay.
(6018. Repealed.)
6019. Citizenship of officers of vessels.
(6020. Repealed.)
6021. Aviation duties: number of personnel assigned.
6022. Aviation training facilities.
(6023. Repealed.)
6024. Aviation designations: naval flight officer.
(6025, 6026. Repealed.)
6027. Medical Department: composition.
(6028. Repealed.)
6029. Dental services: responsibilities of senior dental officer.
(6030. Repealed.)
6031. Chaplains: divine services.
6032. Indebtedness to Marine Corps Exchanges: payment from
appropriated funds in certain cases.
(6033. Repealed.)
6034. Regulations for retired pay based on service in the Reserve.
1980 -- Pub. L. 96-513, title V, 503(43), Dec. 12, 1980, 94 Stat.
2914, struck out items 6018 ''Naval officers: shore duty;
limitations'' and 6028 ''Medical Service Corps: composition''.
1972 -- Pub. L. 92-310, title II, 204(c), June 6, 1972, 86 Stat.
203, struck out item 6026 ''Supply Corps officers: bonds''.
1971 -- Pub. L. 92-168, 2(3), Nov. 24, 1971, 85 Stat. 489, struck
out items 6023 ''Aviation designations: naval aviator,'' and 6025
''Aviation designations: aviation pilot''.
1970 -- Pub. L. 91-198, 1(3), Feb. 26, 1970, 84 Stat. 15,
substituted ''naval flight officer'' for ''naval aviation observer'' in
item 6024.
1968 -- Pub. L. 90-235, 7(a)(5), Jan. 2, 1968, 81 Stat. 763,
struck out item 6033 ''Woman member: definition of dependents''.
1967 -- Pub. L. 90-130, 1(22), Nov. 8, 1967, 81 Stat. 380, struck
out item 6030 ''Nurse Corps officers: authority''.
1961 -- Pub. L. 87-123, 5(24), Aug. 3, 1961, 75 Stat. 266, struck
out item 6020 ''Marine Corps officers: detail to duty in Supply
Department''.
1958 -- Pub. L. 85-861, 1(135), Sept. 2, 1958, 72 Stat. 1507,
struck out item 6016 ''Retired officers carried on Navy Register''.
10 USC 6011. Navy Regulations
TITLE 10 -- ARMED FORCES
United States Navy Regulations shall be issued by the Secretary of
the Navy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 375; Oct. 14, 1981, Pub. L.
97-60, title II, 204(a)(2), 95 Stat. 1007.)
So much as pertains to the ''orders, regulations, and instructions
issued by the Secretary of the Navy prior to July 14, 1862'' and the
alterations thereto is omitted as executed, and the section is worded to
preserve the remaining requirement that Navy Regulations must be issued
with Presidential approval. The words ''United States Navy
Regulations'' are substituted for the words ''regulations of the Navy''
to preserve the distinction between the permanent regulations of general
applicability falling within this statute and the many other regulations
issued by the Secretary alone under specific statutes and under his
power to administer the Department.
1981 -- Pub. L. 97-60 struck out ''with the approval of the
President'' after ''Secretary of the Navy''.
Section 204(b) of Pub. L. 97-60 provided that: ''United States Navy
regulations issued under section 6011 of title 10, United States Code,
before the date of the enactment of this Act (Oct. 14, 1981) shall
remain in effect in accordance with their terms until amended or revoked
by the Secretary of the Navy.''
For delegation to Secretary of Defense of authority vested in
President by section 591 of former Title 34, see Ex. Ord. No. 10621,
July 1, 1955, 20 F.R. 4759, set out as a note under section 301 of Title
3, The President.
Uniform Code of Military Justice, see section 801 et seq. of this
title.
10 USC 6012. Additional regulations for Marine Corps
TITLE 10 -- ARMED FORCES
The President may prescribe military regulations for the discipline
of the Marine Corps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 375.)
The words ''such'' and ''as he may deem expedient'' are omitted as
surplusage.
Uniform Code of Military Justice, see section 801 et seq. of this
title.
10 USC 6013. Enlisted grades and ratings: authority to establish
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may establish such enlisted grades and
ratings as are necessary for the proper administration of the Navy and
the Marine Corps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 375.)
The words ''in his discretion'' and ''of the enlisted personnel'' are
omitted as surplusage. The words ''Navy and the Marine Corps'' are
substituted for the words ''naval service''.
10 USC 6014. Enlisted members: authority for transfer between Marine
Corps and Hospital Corps of the Navy
TITLE 10 -- ARMED FORCES
Under regulations prescribed by the Secretary of the Navy, enlisted
members of the Marine Corps are eligible for transfer to the Hospital
Corps of the Navy, and enlisted members of the Hospital Corps are
eligible for transfer to the Marine Corps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 375.)
The authority to transfer Navy personnel to the Hospital Corps and
personnel of that Corps to other branches or designations in the Navy is
omitted as unnecessary because transfers within the Navy are permitted
under provisions which authorize the Secretary of the Navy to establish
grades and ratings (34 U.S.C. 176) and to administer the Department (5
U.S.C. 171a(c)).
The saving provision of 34 U.S.C. 34a which provided that no person
would suffer any reduction in grade, rating, or pay, is omitted as
executed. It pertained to personnel who, when the Hospital Corps was
reorganized under the Act of August 4, 1947, ch. 459, 301, 302, 61
Stat. 738, were in grades and ratings prescribed by prior laws.
10 USC 6015. Women members: duty; qualifications; restrictions
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may prescribe the manner in which women
officers, women warrant officers, and enlisted women members of the
Regular Navy and the Regular Marine Corps shall be trained and qualified
for military duty. The Secretary may prescribe the kind of military
duty to which such women members may be assigned and the military
authority which they may exercise. However, women may not be assigned
to duty on vessels that are engaged in combat missions (other than as
aviation officers as part of an air wing or other air element assigned
to such a vessel) nor may they be assigned to other than temporary duty
on other vessels of the Navy except hospital ships, transports, and
vessels of a similar classification not expected to be assigned combat
missions.
(Aug. 10, 1956, ch. 1041, 70A Stat. 375; Oct. 20, 1978, Pub. L.
95-485, title VIII, 808, 92 Stat. 1623; Dec. 12, 1980, Pub. L.
96-513, title V, 503(44), 94 Stat. 2914; Dec. 5, 1991, Pub. L.
102-190, div. A, title V, 531(b), 105 Stat. 1365.)
The limitation to ''women officers appointed under section 5590'' is
inserted to avoid application of the section to officers in the Nurse
Corps, as required by 34 U.S.C. 105k, and to avoid application to women
appointed in the Medical Corps, Dental Corps, and Medical Service Corps
under 34 U.S.C. 21e, as required by that section.
1991 -- Pub. L. 102-190 in third sentence struck out ''or in
aircraft'' after first reference to ''vessels'', inserted ''(other than
as aviation officers as part of an air wing or other air element
assigned to such a vessel)'' after ''combat missions'', and inserted
''other'' after ''temporary duty on''.
1980 -- Pub. L. 96-513 struck out ''appointed under section 5590 of
this title'' after ''women officers'' in first sentence.
1978 -- Pub. L. 95-485 substituted provision prohibiting assignment
of women to duty on vessels or in aircraft engaged in combat missions or
assignment, other than to temporary duty, on naval vessels except
hospital ships, transports, and vessels of similar classification not
expected to be assigned combat missions for provision prohibiting
assignment of women to duty in aircraft engaged in combat missions or
duty on naval vessels other than hospital ships or transports.
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 ( 6016. Repealed. Pub. L. 85-861, 36B(16), Sept. 2, 1958, 72
Stat. 1571)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 376, required
names of retired officers to be carried on Navy Register.
10 USC 6017. Retired list for Reserve members entitled to retired pay
TITLE 10 -- ARMED FORCES
The Secretary of the Navy shall maintain a United States Naval
Reserve Retired List containing the names of members of the Naval
Reserve and the Marine Corps Reserve entitled to retired pay.
(Aug. 10, 1956, ch. 1041, 70A Stat. 376.)
Citations to provisions authorizing retired pay are omitted as
unnecessary. The authority to establish the list is omitted as executed
and the section is rephrased to require the Secretary to maintain it.
Army and Air Force retirement lists, see sections 3966 and 8966 of
this title.
Grade of retired members recalled to active duty, see section 6483 of
this title.
Naval Reserve and Marine Corps Reserve; administration, see sections
5251, 5252 of this title.
Retired lists, see section 1376 of this title.
Voluntary retirement after 30 years or 20 years of active service,
retired pay, see section 6327 of this title.
10 USC ( 6018. Repealed. Pub. L. 96-513, title III, 372, Dec. 12,
1980, 94 Stat. 2903)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 376; Aug. 1,
1958, Pub. L. 85-588, 72 Stat. 488, related to assignment of Regular
Navy officers to shore duty.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 6019. Citizenship of officers of vessels
TITLE 10 -- ARMED FORCES
The officers of vessels of the United States shall in all cases by
citizens of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 376.)
10 USC ( 6020. Repealed. Pub. L. 87-123, 5(23), Aug. 3, 1961, 75
Stat. 266)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 376, provided for
detail of Marine Corps officers for duty in supply department for a
period of four years.
10 USC 6021. Aviation duties: number of personnel assigned
TITLE 10 -- ARMED FORCES
The number of officers and enlisted members of the Navy and the
Marine Corps detailed to duty involving flying and to other duties in
connection with aircraft shall be in accordance with the requirements of
naval aviation as determined by the Secretary of the Navy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 376.)
The provisions cited as source are consolidated in this section. The
second sentence of 8 of the Act of July 22, 1935, is omitted as
executed.
Incentive pay for hazardous duty, see section 301 of Title 37, Pay
and Allowances of the Uniformed Services.
10 USC 6022. Aviation training facilities
TITLE 10 -- ARMED FORCES
The President may maintain facilities to provide flight training for
16,000 members of the naval service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 376.)
The proviso to the effect that the section does not affect the
responsibility of the Secretary of the Navy under 34 U.S.C. 732 is
omitted as unnecessary. The words ''as may, in his judgment, be
necessary'' are omitted as surplusage. The words ''members of the naval
service'' are substituted for ''naval aviators'' to avoid the
implication that trainees are naval aviators while undergoing the
training. The designation depends on successful completion of flight
training.
10 USC ( 6023. Repealed. Pub. L. 92-168, 2(1), Nov. 24, 1971, 85
Stat. 489)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 376; Oct. 13,
1964, Pub. L. 88-647, title III, 301(15), 78 Stat. 1072, provided
qualifications to receive aviation designation of naval aviator. See
section 2003 of this title.
10 USC 6024. Aviation designations: naval flight officers
TITLE 10 -- ARMED FORCES
Any officer of the naval service may be designated a naval flight
officer if he has successfully completed the course prescribed for naval
flight officers.
(Aug. 10, 1956, ch. 1041, 70A Stat. 377; Feb. 26, 1970, Pub. L.
91-198, 1(2), 84 Stat. 15.)
The phrase ''by competent authority'' is omitted as surplusage. The
definition form of 34 U.S.C. 735 is not followed.
1970 -- Pub. L. 91-198 substituted ''naval flight officer'' for
''naval aviation observer'' and ''naval flight officers'' for ''naval
aviation observers,'' and struck out requirement that such officer have
been in the air at least 100 hours.
Aviation commands, eligibility, see section 5942 of this title.
10 USC ( 6025. Repealed. Pub. L. 92-168, 2(2), Nov. 24, 1971, 85
Stat. 489)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 377, provided
qualifications to receive aviation designation of aviation pilot. See
section 2003 of this title.
10 USC ( 6026. Repealed. Pub. L. 92-310, title II, 204(a), June 6,
1972, 86 Stat. 202)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 377, required
officers in Supply Corps to give good and sufficient bonds to account
for all public money and property that they receive.
10 USC 6027. Medical Department: composition
TITLE 10 -- ARMED FORCES
The Medical Corps and Dental Corps, and such other staff corps as the
Secretary of the Navy may establish under section 5150(b) of this title
and designate to be in the Medical Department of the Navy, are in the
Medical Department of the Navy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 377; Dec. 12, 1980, Pub. L.
96-513, title III, 353, 94 Stat. 2902; Oct. 1, 1986, Pub. L. 99-433,
title V, 514(c)(3), 100 Stat. 1055.)
There is no provision of law specifically stating that the Medical
Corps is in the Medical Department. It was the first corps to have
duties relating to medical and sanitary matters and so long as it was
the only corps having such duties there was no need for the departmental
concept. The subsequent establishment of other corps with related
duties ''in the Medical Department'' indicates clearly that the Medical
Corps is in that Department.
The words ''effective August 4, 1947'' and the words ''establishing
the Medical Service Corps'' in 34 U.S.C. 30a are omitted as executed.
The words ''is created and established as a Staff Corps of the United
States Navy'' in 34 U.S.C. 43 are omitted as executed.
1986 -- Pub. L. 99-433 substituted ''section 5150(b)'' for ''section
5155(b)''.
1980 -- Pub. L. 96-513 authorized the Secretary of the Navy to
designate staff corps as being in the Medical Department of the Navy and
deleted specific references to the Medical Service Corps, the Nurse
Corps, and the Hospital Corps as being in such Medical Department.
Amendment by 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.
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 ( 6028. Repealed. Pub. L. 96-513, title III, 352(b), Dec. 12,
1980, 94 Stat. 2902)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 377, related to
the composition of the Medical Service Corps.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 6029. Dental services: responsibilities of senior dental
officer
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy shall prescribe regulations for dental
services on ships and at shore stations. Such services shall be under
the senior dental officer, who is responsible to the commanding officer
of the ship or station for all professional, technical, and
administrative matters concerning dental services.
(b) This section does not impose any administrative requirements that
would interfere with the proper functioning of battle organizations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 377.)
The words ''for establishing'' are omitted as executed and
unnecessary.
The last sentence of 4 of the Act of December 28, 1945, ch. 604, 59
Stat. 667, was a repealing clause and savings provision. It is omitted
from this section.
10 USC ( 6030. Repealed Pub. L. 90-130, 1(22), Nov. 8, 1967, 81
Stat. 380)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1040, 70A Stat. 378, gave officers
in the Nurse Corps authority in medical and sanitary matters and other
work within the line of their professional duties in activities of the
Medical Department after officers in the Medical Corps, Dental Corps,
and Medical Service Corps and authorized officers in the Nurse Corps to
exercise such military authority, other than command, as the Secretary
of the Navy prescribed.
10 USC 6031. Chaplains: divine services
TITLE 10 -- ARMED FORCES
(a) An officer in the Chaplain Corps may conduct public worship
according to the manner and forms of the church of which he is a member.
(b) The commanders of vessels and naval activities to which chaplains
are attached shall cause divine service to be performed on Sunday,
whenever the weather and other circumstances allow it to be done; and
it is earnestly recommended to all officers, seamen, and others in the
naval service diligently to attend at every performance of the worship
of Almighty God.
(c) All persons in the Navy and in the Marine Corps are enjoined to
behave themselves in a reverent and becoming manner during divine
service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 378; Aug. 7, 1959, Pub. L.
86-140, 73 Stat. 288.)
In subsection (c) the words ''and in the Marine Corps'' are added to
execute the definition of ''Navy'' in section 1, article 1, of the Act
of May 5, 1950, ch. 169, 64 Stat. 146.
1959 -- Subsec. (d). Pub. L. 86-140 repealed subsec. (d) which
required each chaplain to report annually to the Secretary of the Navy
the official services performed by him.
10 USC 6032. Indebtedness to Marine Corps Exchanges: payment from
appropriated funds in certain cases
TITLE 10 -- ARMED FORCES
Under regulations prescribed by the Secretary of the Navy,
appropriations for the pay of the Marine Corps are available to pay any
indebtedness to Marine Corps Exchanges of members of the Marine Corps
who are discharged, who desert, or who are sentenced to prison.
(Aug. 10, 1956, ch. 1041, 70A Stat. 378.)
The words ''while in debt to the United States'' are omitted as
surplusage and to avoid the erroneous interpretation that the provision
authorizes the payment, out of appropriations, of debts other than to
Marine Corps Exchanges.
10 USC ( 6033. Repealed Pub. L. 90-235, 7(a)(3), Jan. 2, 1968, 81
Stat. 763)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 378; Sept. 7,
1962, Pub. L. 87-649, 6(f)(5), 76 Stat. 494; Sept. 7, 1962, Pub. L.
87-651, title I, 122, 76 Stat. 513, set forth restrictions on the
consideration of a husband or child as the dependent of a female member
of the Regular Navy, Regular Marine Corps, Fleet Reserve, Fleet Marine
Corps Reserve, Naval Reserve or Marine Corps Reserve.
10 USC 6034. Regulations for retired pay based on service in the
Reserve
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may prescribe regulations for the Navy and
the Marine Corps to carry out chapter 67 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 379.)
10 USC CHAPTER 557 -- RATIONS
TITLE 10 -- ARMED FORCES
Sec.
6081. Navy ration: persons entitled to.
6082. Rations.
6083. Fixing cost on certain vessels and stations.
6084. Enlisted members assigned to mess: basic allowance for
subsistence paid to mess.
6085. Flight rations.
6086. Subsistence in hospital messes; hospital ration.
6087. Sale of meals by general messes.
1991 -- Pub. L. 102-25, title VII, 701(e)(7), Apr. 6, 1991, 105
Stat. 115, inserted a period after ''6082'' in item 6082.
1990 -- Pub. L. 101-510, div. A, title V, 557(b), Nov. 5, 1990,
104 Stat. 1571, amended item 6082 generally, substituting ''Rations''
for ''Navy ration: composition'' in item 6082.
10 USC 6081. Navy ration: persons entitled to
TITLE 10 -- ARMED FORCES
(a) Except when entitled to a basic allowance for subsistence or to a
per diem in place of subsistence, each enlisted member of the naval
service is entitled to a Navy ration for each day that he is on active
duty, including each day that he is on leave.
(b) Each midshipman is entitled to a Navy ration for each day that he
is on active duty, including each day that he is on leave.
(c) The Secretary of the Navy may prescribe regulations stating the
conditions under which the ration shall be allowed under subsection (b).
(Aug. 10, 1956, ch. 1041, 70A Stat. 379; Sept. 7, 1962, Pub. L.
87-649, 5(c), 76 Stat. 494.)
So much of 34 U.S.C. 901a as authorizes a commuted ration for
enlisted members of the naval service under conditions and at rates
prescribed by the Secretary of the Navy is superseded by 301 of the
Career Compensation Act of 1949 (37 U.S.C. 251). That section
established a basic allowance for subsistence for enlisted members
entitled to basic pay who are not subsisting at Government expense and
prescribes the conditions under which the basic allowance for
subsistence shall be paid and the amount of the allowance. Pursuant to
Executive Order No. 10119, March 30, 1950, 15 F.R. 1757, the Secretary
of Defense is authorized to make supplemental regulations to carry out
the provisions of 301. The words ''or to a per diem in place of
subsistence'' are inserted to reflect the subsistence allowance
authorized by 303(a) of the Career Compensation Act of 1949 (37 U.S.C.
253a) to members in travel status.
In subsection (a) reference to the Coast and Geodetic Survey is
omitted since there are no enlisted personnel in that service, and
reference to the Coast Guard is omitted as covered by 14 U.S.C. 478.
In subsections (a) and (b) the words ''or furlough therefrom'' are
omitted as surplusage, and the words ''for each day'' are inserted to
make clear the fact that a ration is a daily allowance of food and that,
in subsection (b), the commuted ration is credited on a daily basis.
The words ''and cadets'' are omitted as there are no cadets in the Navy
or Marine Corps entitled to a Navy ration. Aviation cadets are entitled
to the basic allowance for subsistence prescribed for officers (34
U.S.C. 850c).
In subsection (c) the words ''prescribed by law'' and ''in accordance
with law'' are omitted as surplusage.
1962 -- Subsec. (b). Pub. L. 87-649 struck out provisions which
permitted payment of the commuted value of the ration in money. See
section 422(b) of Title 37, Pay and Allowances of the Uniformed
Services.
Subsec. (c). Pub. L. 87-649 struck out provisions which permitted the
Secretary to prescribe regulations for the allowance of the commuted
value of the ration. See section 422(b) of Title 37, Pay and Allowances
of the Uniformed Services.
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15
of Pub. L. 87-649, set out as an Effective Date note preceding section
101 of Title 37, Pay and Allowances of the Uniformed Services.
Commuted value of ration, see section 422 of Title 37, Pay and
Allowances of the Uniformed Services.
10 USC 6082. Rations
TITLE 10 -- ARMED FORCES
(a) The President may prescribe the components and quantities of the
Navy ration. The President may direct the issuance of equivalent
articles in place of the prescribed components of the ration if the
President determines that economy and the health and comfort of the
members of the naval service require such action.
(b) An enlisted member of the naval service on active duty is
entitled to one ration daily. If an emergency ration is issued, it is
in addition to the regular ration.
(c) Fresh or preserved fruits, milk, butter, and eggs necessary for
the proper diet of the sick and injured in hospitals shall be provided
under regulations prescribed by the Secretary of the Navy.
(d) The Secretary of the Navy may increase the quantity of daily
rations for members of the naval service on a vessel or at a station
that has an authorized complement of less than 150 members if the
President determines that the vessel or station is operating under
conditions that warrant an increase in rations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 379; Nov. 5, 1990, Pub. L.
101-510, div. A, title V, 557(a), 104 Stat. 1570.)
In subsection (a) the words ''issued to each person entitled
thereto'' are omitted as surplusage. In clause (2) the words ''or
fresh'' and in clause (6) the words ''together with'' are omitted as
surplusage.
1990 -- Pub. L. 101-510 substituted ''Rations'' for ''Navy ration:
composition'' in section catchline and amended text generally,
substituting subsecs. (a) to (d) for former subsecs. (a) to (c) which
specified the contents and quantities of the Navy ration in detail,
authorized issuance of articles in addition to the authorized
quantities, and provided for increases in the daily allowance of
provisions on certain vessels or at certain stations.
Authority of President under subsecs. (a) and (d) of this section to
prescribe uniform military ration applicable to Navy delegated to
Secretary of Defense by section 3(a) 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.
10 USC 6083. Fixing cost on certain vessels and stations
TITLE 10 -- ARMED FORCES
If the Secretary of the Navy considers that it is undesirable to
administer the mess on any ship or at any station under the quantity
allowance prescribed in section 6082 of this title, he may fix the cost
of each ration for that mess.
(Aug. 10, 1956, ch. 1041, 70A Stat. 380.)
The words ''the cost of each ration for that mess'' are substituted
for the words ''the monetary limit of the cost of ration aboard such
ships and at such stations'' to make it clear that the figure fixed by
the Secretary of the Navy under this section is the amount the mess may
spend per day for food for each man subsisting at the mess.
10 USC 6084. Enlisted members assigned to mess: basic allowance for
subsistence paid to mess
TITLE 10 -- ARMED FORCES
Under such regulations as the Secretary of the Navy prescribes, the
basic allowance for subsistence of enlisted members of the naval service
assigned to duty with and subsisting in an officers' or other mess,
afloat or ashore, may be paid to the mess to which they are assigned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 380.)
The words ''basic allowance for subsistence'' are substituted for the
words ''money accruing from the commuted rations'' to conform to the
terminology of 301 of the Career Compensation Act of 1949 (37 U.S.C.
251). Section 301 of the Career Compensation Act of 1949 supersedes the
authority of the Secretary of the Navy to commute the rations of
enlisted members and authorizes in lieu thereof a basic allowance for
subsistence. The words ''enlisted members of the naval service'' are
substituted for the words ''enlisted men'' for uniformity of expression
and for clarity. The word ''legally'' is omitted as surplusage. The
words ''and subsisting in'' are inserted to make it clear that the mess
must actually subsist the enlisted members assigned before the basic
allowance of the members may be paid to the mess. The words ''to which
they are assigned'' are inserted for clarity.
Basic allowance for subsistence, see section 402 of Title 37, Pay and
Allowances of the Uniformed Services.
10 USC 6085. Flight rations
TITLE 10 -- ARMED FORCES
An aircraft flight ration chargeable to the proper Navy or Marine
Corps appropriation may be furnished to members of the naval service and
to civilian employees of the Department of the Navy while engaged in
flight operations. The flight ration is supplementary to any ration or
subsistence allowance to which the members or employees are otherwise
entitled. However, the flight ration may not be furnished without
charge to any person in a travel status or to any person to whom a per
diem allowance is granted in place of subsistence.
(Aug. 10, 1956, ch. 1041, 70A Stat. 380.)
The words ''members of the naval service and to civilian employees of
the Department of the Navy'' are substituted for the words ''officers,
enlisted men, and civilian employees of the Navy and Marine Corps'' for
uniformity. The words ''in kind'' and the word ''aircraft'' are omitted
as surplusage.
10 USC 6086. Subsistence in hospital messes: hospital ration
TITLE 10 -- ARMED FORCES
(a) Enlisted members of the naval service on duty in hospitals and
enlisted members of the naval service, including retired members and
members of the Fleet Reserve and the Fleet Marine Corps Reserve, when
sick in hospitals, may be subsisted in hospital messes. When
subsistence is furnished under this subsection, the appropriation
chargeable with the maintenance of the hospital mess shall be credited
at the rate prescribed by the Secretary of the Navy as the value of the
hospital ration.
(b) Under such regulations as the Secretary prescribes, officers in
the Nurse Corps may be subsisted in hospital messes. Each officer so
subsisted shall pay for her subsistence at the rate fixed by the
regulations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 380.)
In subsection (a) the words ''active duty'' before the words
''enlisted personnel'' are omitted as surplusage since there is no
authority to hospitalize an enlisted member in a naval hospital under
conditions where he would not be entitled to a hospital ration. The
words ''active and inactive'' before the words ''retired enlisted
personnel'' are omitted as surplusage. The word ''members'' is
substituted for the word ''personnel'' for uniformity. The words ''the
Fleet Marine Corps Reserve'' are inserted for clarity since the term
''Fleet Reserve'' in the source statute is used in a generic sense and
includes members of the Fleet Marine Corps Reserve.
In subsection (b) the words ''that nothing contained in this section
shall deprive such nurses of allowances for subsistence now or after
August 2, 1946, provided by law'' are omitted as surplusage. Section
301 of the Career Compensation Act of 1949 (37 U.S.C. 251) authorizes a
basic allowance for subsistence for all officers entitled to basic pay.
Ration allowance for hospitalized members of the naval service, see
section 6201 of this title.
10 USC 6087. Sale of meals by general messes
TITLE 10 -- ARMED FORCES
Under such regulations as the Secretary of the Navy prescribes, meals
may be sold by general messes afloat and ashore.
(Aug. 10, 1956, ch. 1041, 70A Stat. 381.)
10 USC CHAPTER 559 -- MISCELLANEOUS PROHIBITIONS AND PENALTIES
TITLE 10 -- ARMED FORCES
Sec.
(6111, 6112. Repealed.)
6113. Loans: Supply Corps officers.
(6114 to 6116. Repealed.)
1980 -- Pub. L. 96-513, title V, 513(12), Dec. 12, 1980, 94 Stat.
2932, struck out item 6111 ''Pay: withheld during absence due to use of
drugs or alcohol''.
1968 -- Pub. L. 90-235, 6(a)(4), (9), Jan. 2, 1968, 81 Stat. 762,
struck out item 6114 ''Civilian employment: enlisted members'', and
item 6116 ''Service credit: officers; service as midshipman or cadet
not counted''.
1967 -- Pub. L. 90-83, 3(5), Sept. 11, 1967, 81 Stat. 220, struck
out item 6112 ''Pay: officers; withheld while employed by certain
contractors''.
1958 -- Pub. L. 85-861, 1(136), Sept. 2, 1958, 72 Stat. 1507,
struck out item 6115 ''Drill pay; uniform gratuity: time limit for
filing claim''.
10 USC ( 6111. Repealed. Pub. L. 87-649, 14c(35), Sept. 7, 1962, 76
Stat. 501)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 381, related to
withholding of pay during absence due to use of alcohol or drugs, and is
covered by section 802 of Title 37, Pay and Allowances of the Uniformed
Services.
Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,
set out as an Effective Date note preceding section 101 of Title 37, Pay
and Allowances of the Uniformed Services.
10 USC ( 6112. Repealed. Pub. L. 87-649, 14c(36), Sept. 7, 1962, 76
Stat. 501)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 381; Oct. 9,
1962, Pub. L. 87-777, 1, 76 Stat. 777, prohibited employment of
officers of the Regular Navy and Regular Marine Corps, other than a
retired officer, from being employed by any person furnishing naval
supplies or war materials to the United States under pain of loss of
payment from the United States during that employment.
Section was also repealed by Pub. L. 89-718, 75(6), (7), Nov. 2,
1966, 80 Stat. 1124.
10 USC 6113. Loans: Supply Corps officers
TITLE 10 -- ARMED FORCES
Except as otherwise provided by law, an officer in the Supply Corps
on active duty may not advance or lend any sum of money, public or
private, or any article or commodity and may not extend credit to any
officer of the naval service on active duty.
(Aug. 10, 1956, ch. 1041, 70A Stat. 381.)
The words ''paymaster, passed assistant paymaster, or assistant
paymaster'' are omitted because those titles no longer exist, and the
words ''officer in the Supply Corps'' are substituted therefor.
The words ''except as otherwise provided by law'' are added because
the Act of Oct. 5, 1949, ch. 600 (34 U.S.C. 875a), authorizes advances
of pay to personnel upon permanent changes of station or where such
personnel are on distant duty stations where disbursements of pay and
allowances cannot be regularly made, and 303(a) of the Career
Compensation Act of 1949 (37 U.S.C. 253) authorizes advance payments of
travel and transportation allowances. The words ''on active duty'' are
supplied since the section has application to officers accountable for
public funds or property. Officers not on active duty are not
accountable officers.
10 USC ( 6114. Repealed. Pub. L. 90-235, 6(a)(7), Jan. 2, 1968, 81
Stat. 762)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 381, set forth
restrictions on civilian employment for enlisted members of the naval
service on active duty. See section 974 of this title.
10 USC ( 6115. Repealed. Pub. L. 85-861, 36B(17), Sept. 2, 1958, 72
Stat. 1571)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 382, prescribed a
time limit for filing claims for drill pay and for the uniform gratuity.
Section was also amended by Pub. L. 85-861, 33(a)(31), which amended
catchline by substituting ''uniform gratuity'' for ''unform gratuity''.
10 USC ( 6116. Repealed. Pub. L. 90-235, 6(a)(2), Jan. 2, 1968, 81
Stat. 761)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 382, provided that
in computing length of service, no officer of the Navy or Marine Corps
could be credited with service as a midshipman at the Naval Academy or
as a cadet at the Military Academy, if he was appointed as a midshipman
or cadet after Mar. 4, 1913. See section 971 of this title.
10 USC CHAPTER 561 -- MISCELLANEOUS RIGHTS AND BENEFITS
TITLE 10 -- ARMED FORCES
Sec.
(6141 to 6150. Repealed.)
6151. Higher retired grade and pay for members who serve
satisfactorily under temporary appointments.
6152. Emergency shore duty: advance of funds.
6153. Shore patrol duty: payment of expenses.
6154. Mileage books; commutation tickets.
6155. Uniforms, accouterments, and equipment: sale at cost.
6156. Uniform: sale to former members of the naval service.
(6157 to 6159. Repealed.)
6160. Pension to persons serving ten years.
6161. Remission of indebtedness of enlisted members upon discharge.
See explanation of section 111(b) (set out as 1962 Amendment in
Historical and Revision Notes under section 2634 of this title).
1986 -- Pub. L. 99-661, div. A, title VI, 604(f)(1)(B)(iii), Nov.
14, 1986, 100 Stat. 3877, struck out item 6148 ''Disability and death
benefits: Naval Reserve and Marine Corps Reserve''.
1980 -- Pub. L. 96-513, title V, 513(13), Dec. 12, 1980, 94 Stat.
2932, struck out items 6141 ''Pay: officers; date of commencement'',
6142 ''Pay: assignments'', 6143 ''Pay: sale to be discouraged by
commanding officer'', 6144 ''Pay accounts: settlement when lost with
vessel'', 6145 ''Pay accounts: settlement; fixing date of loss of
vessel'', 6146 ''Allotments: officers'', and 6147 ''Allowances:
prisoners''.
1970 -- Pub. L. 91-482, 2D, Oct. 21, 1970, 84 Stat. 1082, struck
out item 6159 ''Half rating to disabled naval enlisted personnel serving
twenty years''.
1968 -- Pub. L. 90-235, 7(b)(4), Jan. 2, 1968, 81 Stat. 763,
struck out item 6158 ''Exemption from arrest for debt: enlisted members
of Marine Corps''.
1963 -- Pub. L. 88-132, 5(h)(3), Oct. 2, 1963, 77 Stat. 214,
struck out item 6149 ''Retired pay: computed on basis of rates of pay
for officers on the active list''.
1962 -- Pub. L. 87-651, title I, 123(c), Sept. 7, 1962, 76 Stat.
514, struck out item 6157 ''Motor vehicles: transportation on permanent
change of station''.
1960 -- Pub. L. 86-511, 1(b), June 11, 1960, 74 Stat. 207, added
item 6161.
1959 -- Pub. L. 86-155, 9(a)(2), Aug. 11, 1959, 73 Stat. 337,
struck out item 6150 ''Higher retired grade for officers specially
commended''.
1958 -- Pub. L. 85-861, 1(139)(B), Sept. 2, 1958, 72 Stat. 1508,
substituted ''who serve satisfactorily under temporary appointments''
for ''temporarily appointed or promoted during World War II'' in item
6151.
1957 -- Pub. L. 85-56, title XXII, 2201(31)(D), June 17, 1957, 71
Stat. 162, eff. Jan. 1, 1958, added items 6159 and 6160.
General military law provisions, see section 1031 et seq. of this
title.
10 USC ( 6141 to 6147. Repealed. Pub. L. 87-649, 14c(37-43), Sept.
7, 1962, 76 Stat. 501)
TITLE 10 -- ARMED FORCES
Section 6141, act Aug. 10, 1956, ch. 1041, 70A Stat. 382, related
to date of commencement of pay of officers of Regular Navy or Regular
Marine Corps. See section 905 of Title 37, Pay and Allowances of the
Uniformed Services.
Section 6142, act Aug. 10, 1956, ch. 1041, 70A Stat. 382, provided
for assignments of pay due to enlisted members. See section 705 of
Title 37.
Section 6143, act Aug. 10, 1956, ch. 1041, 70A Stat. 383, related
to discouragement of sale of pay. See section 805 of Title 37.
Section 6144, act Aug. 10, 1956, ch. 1041, 70A Stat. 383, provided
for settlement of pay accounts when lost with vessel. See section 902
of Title 37.
Section 6145, act Aug. 10, 1956, ch. 1041, 70A Stat. 383, related
to fixing date of loss of a vessel for purpose of settling accounts of
persons aboard other than officers. See section 902 of Title 37.
Section 6146, act Aug. 10, 1956, ch. 1041, 70A Stat. 383, provided
for allotments by officers. See section 702 of Title 37.
Section 6147, act Aug. 10, 1956, ch. 1041, 70A Stat. 383, related
to allowances for prisoners. See section 426 of Title 37.
Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,
set out as an Effective Date note preceding section 101 of Title 37, Pay
and Allowances of the Uniformed Services.
10 USC ( 6148. Repealed. Pub. L. 99-661, div. A, title VI,
604(f)(1)(A), Nov. 14, 1986, 100 Stat. 3877)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 383; Sept. 2,
1958, Pub. L. 85-861, 1(137), 36B(18), 72 Stat. 1507, 1571; Sept.
7, 1962, Pub. L. 87-649, 6(e), 76 Stat. 494; Sept. 7, 1962, Pub. L.
87-651, title I, 123(a), 76 Stat. 514; Oct. 19, 1984, Pub. L.
98-525, title VI, 631(b), 98 Stat. 2543; Nov. 8, 1985, Pub. L.
99-145, title XIII, 1303(a)(22), 99 Stat. 739, related to disability
and death benefits for members of Naval Reserve and Marine Corps
Reserve.
Repeal applicable with respect to persons who, after Nov. 14, 1986,
incur or aggravate an injury, illness, or disease or die, see section
604(g) of Pub. L. 99-661, set out as a note under section 1074a of this
title.
10 USC ( 6149. Repealed. Pub. L. 88-132, 5(h)(3), Oct. 2, 1963, 77
Stat. 214)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 385, related to
computation of retired pay on basis of rates of pay for officers on the
active list.
Repeal effective Oct. 1, 1963, see section 14 of Pub. L. 88-132,
set out as a note under section 201 of Title 37, Pay and Allowances of
the Uniformed Services.
10 USC ( 6150. Repealed. Pub. L. 86-155, 9(a)(1), Aug. 11, 1959, 73
Stat. 337)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 385; Sept. 2,
1958, Pub. L. 85-861, 33(a)(32), 72 Stat. 1566, authorized
advancement to a higher retired grade for officers specially commended.
Section 9(b) of Pub. L. 86-155 provided that the repeal is effective
on Nov. 1, 1959.
10 USC 6151. Higher retired grade and pay for members who serve
satisfactorily under temporary appointments
TITLE 10 -- ARMED FORCES
(a) Unless otherwise entitled to a higher retired grade and subject
to sections 688 and 1370 of this title, each member, other than a
retired member, of the Navy or the Marine Corps shall, when retired, be
advanced on the retired list to the highest officer grade in which he
served satisfactorily under a temporary appointment as determined by the
Secretary of the Navy.
(b) Each member (other than a former member of the Fleet Reserve or
the Fleet Marine Corps Reserve) who is advanced on the retired list
under this section is (unless otherwise entitled to higher retired pay)
entitled to retired pay determined in accordance with the following
table. References in the table are to sections of this title.
(c) Each former member of the Fleet Reserve or the Fleet Marine Corps
Reserve who is advanced on the retired list under this section is
entitled to retired pay determined in accordance with the following
table. References in the table are to sections of this title.
(d) A member who is advanced on the retired list under this section
from the grade of warrant officer, W-1, or from an enlisted grade to a
commissioned grade, and who applies to the Secretary within three months
after his advancement, shall, if the Secretary approves, be restored on
the retired list to his former warrant officer or enlisted grade, as the
case may be. A member who is restored to his former grade under this
subsection is thereafter considered for all purposes as a warrant
officer, W-1, or an enlisted member, as the case may be.
(e) Retired pay computed under subsection (b) or (c), if not a
multiple of $1, shall be rounded to the next lower multiple of $1.
(Aug. 10, 1956, ch. 1041, 70A Stat. 385; May 20, 1958, Pub. L.
85-422, 11(a)(6)(A), 72 Stat. 131; Sept. 2, 1958, Pub. L. 85-861,
1(138), (139)(A), 72 Stat. 1507, 1508; Oct. 2, 1963, Pub. L. 88-132,
5(h)(4), 77 Stat. 214; Sept. 8, 1980, Pub. L. 96-342, title VIII,
813(d)(13), 94 Stat. 1108; Dec. 12, 1980, Pub. L. 96-512, title V,
503(45), 513(17), 94 Stat. 2914, 2932; Sept. 24, 1983, Pub. L. 98-94,
title IX, 922(a)(9), 923(c)(1), 97 Stat. 641, 643; July 1, 1986, Pub.
L. 99-348, title II, 203(c), 100 Stat. 696.)
Subsections (b) and (c) are worded to conform to the terminology of
the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.). The second
and third provisos in 34 U.S.C. 410c(a), relating to the computation of
retired pay for officers whose pay on the active list was not based on
years of service, are omitted as obsolete, since under the Career
Compensation Act of 1949, the active-duty pay of all officers is based
on years of service.
In subsection (d) the words ''A retired member who is advanced * * *
from the grade of warrant officer, W-1, or from an enlisted grade'' are
substituted for the words ''Enlisted men and warrant officers * * *
advanced'' and the words ''as a warrant officer, W-1, or an enlisted
member'' are substituted for the words ''to be enlisted or warrant
officer personnel'' because the Warrant Officer Act of 1954 established
the grade of warrant officer, W-1, in lieu of the old warrant officer
(as distinguished from commissioned warrant officer) grades. The words
''rank or'' are omitted as unnecessary. The words ''within three months
of the date of the approval of this Act'' and ''whichever is the later''
are omitted as executed.
Reference to the provisions of law under which temporary appointments
in officer grades were made is omitted as unnecessary, since the
provisions cited comprise all existing authority for such appointments.
1986 -- Subsec. (b). Pub. L. 99-348 amended subsec. (b) generally,
substituting provision that retired pay be determined in accordance with
the table for provision that retired pay, in the case of a member who
first became a member of a uniformed service, as defined in section
1407(a)(2), before Sept. 8, 1980, be at the rate of 2 1/2 percent of
the basic pay of the grade to which advanced or, in the case of a member
who first became a member of a uniformed service, as defined in section
1407(a)(2), on or after Sept. 8, 1980, be at a rate of 2 1/2 percent of
the monthly retired pay base computed under section 1407(d), which rates
were to be multiplied by the number of years of service credited under
section 1405, but such retired pay was not to be more than 75 percent of
the basic pay or monthly retired pay base upon which the computation of
retired pay was based and, in determining the number of years to be used
as a multiplier, each additional full month of service was to be counted
as one-twelfth of a year and any remaining fractional part of a month
was to be disregarded.
Subsec. (c). Pub. L. 99-348 amended subsec. (c) generally,
substituting provision that retired pay of a former member be determined
in accordance with the table for provision that retired pay, in the case
of a former member who first became a member of a uniformed service, as
defined in section 1407(a)(2), before Sept. 8, 1980, be at a rate of 2
1/2 percent of the basic pay of the grade to which advanced, determined
by the same period of service used to determine the basic pay of the
grade upon which his retainer pay was based, multiplied by the number of
years of creditable service for his retainer pay at the time of
retirement, but such retired pay was not to be more than 75 percent of
the basic pay upon the computation of retired pay was based, or in the
case of a former member who first became a member of a uniformed
service, as defined in section 1407(a)(2), on or after Sept. 8, 1980,
that retired pay be at a rate of 2 1/2 percent of the monthly retired
pay base computed under section 1407(d), multiplied by the number of
years of creditable service for his retainer pay at the time of
retirement, but such retired pay was not to be more than 75 percent of
the monthly retired pay base upon which the computation of retired pay
was based.
1983 -- Subsec. (b)(2). Pub. L. 98-94, 923(c)(1), substituted
''each full month of service that is in addition to the number of full
years of service creditable to a member is counted as one-twelfth of a
year and any remaining fractional part of a month is disregarded'' for
''a part of a year that is six months or more is counted as a whole year
and a part of a year that is less than six months is disregarded''.
Subsec. (e). Pub. L. 98-94, 922(a)(9), added subsec. (e).
1980 -- Subsec. (a). Pub. L. 96-513, 503(45), inserted ''and
subject to sections 688 and 1370 of this title'' after ''retired
grade''.
Subsec. (b). Pub. L. 96-513, 513(17), substituted ''September 8,
1980'' for ''the date of the enactment of the Department of Defense
Authorization Act, 1981'' wherever appearing.
Pub. L. 96-342 amended subsec. (b) generally, designating existing
provisions as pars. (1) and (2) and, as so amended, in par. (1)
designated existing provisions as subpar. (A), as so designated,
inserted provision limiting applicability to members who became members
of the uniformed services before the date of the enactment of the
Department of Defense Authorization Act, 1981, and added subpar. (B).
Subsec. (c). Pub. L. 96-513, 513(17), substituted ''September 8,
1980'' for ''the date of the enactment of the Department of Defense
Authorization Act, 1981'' wherever appearing.
Pub. L. 96-342 designated existing provisions as par. (1), inserted
provision limiting applicability to members who became members of the
uniformed services before the date of the enactment of the Department of
Defense Authorization Act, 1981, and added par. (2).
1963 -- Subsec. (b). Pub. L. 88-132 substituted ''of'' for ''to
which he would be entitled if serving on active duty in'' after ''2 1/2
percent of the basic pay.''
1958 -- Pub. L. 85-861, 1(139)(A), substituted ''who serve
satisfactorily under temporary appointments'' for ''temporarily
appointed or promoted during World War II'' in section catchline.
Subsec. (a). Pub. L. 85-861, 1(138), struck out provisions which
restricted application of section to members of the Navy or the Marine
Corps who were appointed or promoted under the act of July 24, 1941, ch.
320, 55 Stat. 603.
Subsec. (b). Pub. L. 85-422 substituted ''that may be credited to him
under section 1405 of this title'' for ''creditable for basic pay''.
Amendment by section 922 of Pub. L. 98-94 effective Oct. 1, 1983,
see section 922(e) of Pub. L. 98-94, set out as a note under section
1401 of this title.
Amendment by section 923 of Pub. L. 98-94 applicable with respect to
the computation of retired or retainer pay of any individual who becomes
entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub.
L. 98-94, set out as a note under section 1174 of this title.
Amendment by section 503(45) of Pub. L. 96-513 effective Sept. 15,
1981, and amendment by section 513(17) of Pub. L. 96-513 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. 88-132 effective Oct. 1, 1963, see section 14
of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay
and Allowances of the Uniformed Services.
Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9 of
Pub. L. 85-422.
10 USC 6152. Emergency shore duty: advance of funds
TITLE 10 -- ARMED FORCES
Under such regulations as the President approves, the Secretary of
the Navy may, to meet necessary expenses, advance funds to members of
the naval service detailed on emergency shore duty. The funds advanced
may not exceed the reasonable estimate of expenses to be incurred for
which reimbursement is authorized.
(Aug. 10, 1956, ch. 1041, 70A Stat. 386.)
The words ''public'', ''actual'', and ''by law'' are omitted as
surplusage.
For delegation to the Secretary of Defense of authority vested in the
President by section 885 of former Title 34, see Ex. Ord. No. 10621,
July 1, 1955, 20 F.R. 4759, set out as a note under section 301 of Title
3, The President.
10 USC 6153. Shore patrol duty: payment of expenses
TITLE 10 -- ARMED FORCES
An officer, midshipman, or cadet of the naval service who is assigned
to shore patrol duty away from his vessel or other duty station may be
paid his actual services.
(Aug. 10, 1956, ch. 1041, 70A Stat. 386.)
10 USC 6154. Mileage books: commutation tickets
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may buy such mileage books, commutation
tickets, and other similar transportation tickets as he considers
necessary, and he may furnish them to persons ordered to perform travel
on official business. Payment for those tickets before the travel is
performed is not an advance of public money within the meaning of
subsections (a) and (b) of section 3324 of title 31.
(Aug. 10, 1956, ch. 1041, 70A Stat. 386; Sept. 13, 1982, Pub. L.
97-258, 3(b)(8), 96 Stat. 1063; Oct. 19, 1984, Pub. L. 98-525, title
XIV, 1405(56)(A), 98 Stat. 2626.)
The words ''to continue'' and the words ''upon their receipt in
accordance with commercial usage'' are omitted as surplusage. The word
''persons'' is substituted for the words ''officers and others''.
1984 -- Pub. L. 98-525 substituted ''subsections (a) and (b) of
section 3324'' for ''section 3324(a) and (b)''.
1982 -- Pub. L. 97-258 substituted ''section 3324(a) and (b)'' for
''section 529''.
10 USC 6155. Uniforms, accouterments, and equipment: sale at cost
TITLE 10 -- ARMED FORCES
Under such regulations as the Secretary of the Navy prescribes,
uniforms, accouterments, and equipment shall be sold by the United
States at cost to officers and midshipmen of the naval service and, when
the Coast Guard is operating as a service in the Navy, to officers of
the Coast Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 386.)
The words ''officers and midshipmen of the naval service'' are
substituted for the words ''any officer of the Navy or any officer of
the Marine Corps'' and ''any midshipman''. The words ''at the Naval
Academy'' are omitted. The statute is interpreted as covering all
midshipmen, including the reserve category created by subsequent
statute. The word ''sold'' is substituted for the word ''furnished''
for directness of expression.
10 USC 6156. Uniform: sale to former members of the naval service
TITLE 10 -- ARMED FORCES
(a) Under such regulations as the Secretary of the Navy prescribes,
exterior articles of uniform may be sold to a person who has been
discharged from the naval service honorably or under honorable
conditions. This section does not modify section 772 or 773 of this
title.
(b) Money received from sales under this section shall be covered
into the Treasury to the credit of the appropriation out of which the
articles were purchased.
(Aug. 10, 1956, ch. 1041, 70A Stat. 386.)
The word ''person'' is substituted for the words ''former members of
the naval service''.
10 USC ( 6157. Repealed. Pub. L. 87-651, title I, 123(b), Sept. 7,
1962, 76 Stat. 514)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 387, related to
transportation of motor vehicles on permanent change of station. See
section 2634 of this title.
10 USC ( 6158. Repealed. Pub. L. 90-235, 7(b)(1), Jan. 2, 1968, 81
Stat. 763)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 387, exempted
enlisted members of the Marine Corps, while on active duty, from
personal arrest for debt or contract.
10 USC ( 6159. Repealed. Pub. L. 91-482, 1(a), Oct. 21, 1970, 84
Stat. 1082)
TITLE 10 -- ARMED FORCES
Section, added Pub. L. 85-56, title XXII, 2201(31)(C), June 17,
1957, 71 Stat. 161, provided for a pension to disabled naval enlisted
personnel serving 20 years or more, equal to one-half the pay of
enlisted man's rating at the time of his discharge.
Section 3 of Pub. L. 91-482 provided that: ''Notwithstanding the
first section of this Act (repealing sections 4539, 4623, 5981, 6159,
and 6406 of this title and section 208 of Title 37), a person who is
entitled to a pension under section 6159 of title 10, United States
Code, on the day before the date of enactment of this Act (which was
approved Oct. 21, 1970) shall continue to be entitled to that pension on
and after that date of enactment.''
10 USC 6160. Pension to persons serving ten years
TITLE 10 -- ARMED FORCES
(a) Every disabled person who has served in the Navy or Marine Corps
as an enlisted member or petty officer, or both, for ten or more years,
and has not been discharged for misconduct, may apply to the Secretary
of the Navy for aid.
(b) Upon receipt of an application under subsection (a), the
Secretary of the Navy may convene a board of not less than three naval
officers (one of whom shall be a surgeon) to examine into the condition
of the applicant, and to recommend a suitable amount for his relief, and
for a specified time. If the Secretary of the Navy approves the
recommendation, he shall so certify to the Secretary of Veterans
Affairs, who shall pay a pension in such amount monthly to the
applicant.
(c) No naval pension under this section shall be paid at a rate in
excess of the rate payable to a veteran of World War I for permanent and
total non-service-connected disability, unless the applicant's
disability is service-connected, in which case the naval pension payable
to him shall not exceed the rate of disability compensation payable for
total disability to a veteran of any war, or of peacetime service, as
the case may be. In the case of any initial award of naval pension
granted before July 14, 1943, where the person granted the naval pension
is also entitled to pension or compensation under laws administered by
the Secretary of Veterans Affairs, such naval pension shall not exceed
one-fourth of such pension or compensation.
(Added Pub. L. 85-56, title XXII, 2201(31)(C), June 17, 1957, 71
Stat. 161; amended Pub. L. 85-857, 13(v)(4), Sept. 2, 1958, 72 Stat.
1268; Pub. L. 99-145, title XIII, 1301(c)(1), Nov. 8, 1985, 99 Stat.
736; Pub. L. 101-189, div. A, title XVI, 1621(a)(2), Nov. 29, 1989,
103 Stat. 1603; Pub. L. 101-510, div. A, title XIV, 1484(j)(4), Nov.
5, 1990, 104 Stat. 1719.)
1990 -- Subsec. (c). Pub. L. 101-510 substituted ''Secretary of
Veterans Affairs'' for ''Veterans' Administration''.
1989 -- Subsec. (b). Pub. L. 101-189 substituted ''Secretary of
Veterans Affairs'' for ''Administrator of Veterans' Affairs''.
1985 -- Subsec. (a). Pub. L. 99-145 substituted ''enlisted member''
for ''enlisted man''.
1958 -- Pub. L. 85-857 limited naval pensions granted before July
14, 1943 to not more than one-fourth of any pension or compensation
which the person is entitled to receive under laws administered by the
Veterans' Administration.
Section 13(v)(4) of Pub. L. 85-857 provided that the amendment made
by that section is effective as of Jan. 1, 1958.
Section effective Jan. 1, 1958, see section 2301 of Pub. L. 85-56.
10 USC 6161. Remission of indebtedness of enlisted members upon
discharge
TITLE 10 -- ARMED FORCES
If he considers it in the best interest of the United States, the
Secretary of the Navy may have remitted or canceled any part of an
enlisted member's indebtedness to the United States or any of its
instrumentalities remaining unpaid before, or at the time of that
member's honorable discharge.
(Added Pub. L. 86-511, 1(a), June 11, 1960, 74 Stat. 207.)
10 USC CHAPTER 563 -- HOSPITALIZATION AND MEDICAL CARE
TITLE 10 -- ARMED FORCES
Sec.
6201. Members of the naval service in other United States hospitals.
6202. Insane members of the naval service.
6203. Emergency medical treatment: reimbursement for expense.
10 USC 6201. Members of the naval service in other United States
hospitals
TITLE 10 -- ARMED FORCES
(a) When appropriate naval hospital facilities are unavailable, the
Secretary of the Navy may provide for the care and treatment of members
of the naval service, entitled to treatment in naval hospitals, in other
United States hospitals, if the agencies controlling the other hospitals
consent. Expenses incident to such care and treatment are chargeable to
the same appropriation as would be chargeable for care and treatment in
a naval hospital.
(b) The deduction authorized by section 4812 of the Revised Statutes
(24 U.S.C. 16) shall be made from accounts of members hospitalized under
this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 387; Sept. 2, 1958, Pub. L.
85-861, 36B(19), 72 Stat. 1571; Dec. 12, 1980, Pub. L. 96-513, title
V, 513(14), 94 Stat. 2932.)
In subsection (a) the words ''members of the naval service'' are
substituted for the words ''naval patients on the active or retired list
and members of the Naval Reserve or Marine Corps Reserve''. The
definition of ''member of the naval service'' makes the terms
coextensive. Reference to St. Elizabeths Hospital is omitted in view
of Reorganization Plan No. 3 of 1946, 201, 60 Stat. 1098, which
transferred the functions of that hospital pertaining to members of the
naval service to the Secretary of the Navy. For the purposes of this
section, St. Elizabeths is now in the same category as other United
States hospitals.
In subsection (b) reference to R.S. 4813 (24 U.S.C. 6) is omitted
because the Administrator of Veterans' Affairs held in Decision Number
571 (July 27, 1944) that R.S. 4813 was repealed by implication. Since
this decision is binding on the Secretary of the Navy (see 38 U.S.C.
11a-2), the deductions from pension accounts authorized by R.S. 4813 may
not be made.
In subsection (c) the words ''each retired enlisted member of the
naval service'' are substituted for the words ''retired enlisted men''
and the words ''is entitled to'' are substituted for the words ''shall
receive'' to conform to terminology used throughout this title. The
words ''equal in value to the hospital ration'' are substituted for the
words ''prescribed by law for enlisted men of the Regular Navy'' to show
that the amount of the allowance is the value of the hospital ration.
The words ''for each day'' are inserted to make it clear that the ration
allowance is credited on a daily basis. The words ''under this
section'' are substituted for the words ''in a Federal hospital in
accordance with law'' because this section is the only authority for the
hospitalization of members of the Fleet Reserve and Fleet Marine Corps
Reserve and retired enlisted members of the naval service in Federal
hospitals, other than naval hospitals, under conditions entitling the
members to a ration allowance. The subsistence of a member of the Fleet
Reserve or Fleet Marine Corps Reserve or a retired enlisted member of
the naval service while hospitalized in naval hospitals is covered by
6086 of this title.
1980 -- Subsec. (b). Pub. L. 96-513 substituted ''section 4812 of
the Revised Statutes (24 U.S.C. 16)'' for ''section 16 of title 24''.
1958 -- Subsec. (c). Pub. L. 85-861 repealed subsec. (c) which
related to a ration allowance for members of the Fleet Reserve of the
Fleet Marine Corps Reserve and retired enlisted members of the naval
service.
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 6202. Insane members of the naval service
TITLE 10 -- ARMED FORCES
A member of the naval service who becomes insane may be placed in the
hospital for the insane that, in the opinion of the Secretary of the
Navy, is most convenient and will provide the most beneficial treatment.
(Aug. 10, 1956, ch. 1041, 70A Stat. 387.)
The words ''that * * * will provide the most beneficial treatment''
are substituted for the words ''best calculated to promise a restoration
of reason'' for clarity. The second sentence of 34 U.S.C. 595 is
omitted as superseded. It provided a method by which the Secretary of
the Navy, in his discretion, could compensate other agencies for
expenses involved in hospitalizing insane naval patients. Other
provisions of law, principally 24 U.S.C. 31, 31 U.S.C. 686, and 37
U.S.C. 284, and regulations, principally Executive Order 10122, of April
14, 1950, establish the method currently used.
10 USC 6203. Emergency medical treatment: reimbursement for expense
TITLE 10 -- ARMED FORCES
The Secretary of the Navy shall prescribe regulations for reimbursing
members of the naval service for expenses of emergency or necessary
medical service, including hospitalization and medicines, when the
member was in a duty status at the time he received the service and the
service was not available from a Federal source. For the purpose of
this section, a member on leave or liberty is in a duty status.
(Aug. 10, 1956, ch. 1041, 70A Stat. 387.)
The word ''shall'' is substituted for the words ''authorized and
directed to''. The word ''members'' is substituted for the word
''persons''. The words ''from civilian sources'' are omitted as
surplusage. The word ''hospitalization'' is substituted for the words
''hospital service''. In the second sentence, the word ''authorized''
is omitted as surplusage.
10 USC CHAPTER 565 -- BANDS
TITLE 10 -- ARMED FORCES
Sec.
6221. United States Navy Band.
6222. United States Marine Band: composition; director; assistant
director.
6223. Competition with civilian musicians prohibited.
(6224. Repealed.)
1980 -- Pub. L. 96-513, title V, 513(15), Dec. 12, 1980, 94 Stat.
2932, struck out ''; leader's pay and allowances'' after ''Band'' in
item 6221, and struck out item 6224 ''United States Navy Band; United
States Marine Corps Band; concert tours''.
1958 -- Pub. L. 85-861, 1(141), Sept. 2, 1958, 72 Stat. 1509,
substituted ''United States Marine Band'' for ''United States Marine
Corps Band'', and ''director; assistant director'' for ''Pay and
allowances of leader and second leader'' in item 6222.
10 USC 6221. United States Navy Band
TITLE 10 -- ARMED FORCES
There is a Navy band known as the United States Navy Band.
(Aug. 10, 1956, ch. 1041, 70A Stat. 388; Sept. 7, 1962, Pub. L.
87-649, 14c(44), 76 Stat. 501; Dec. 12, 1980, Pub. L. 96-513, title V,
513(16), 94 Stat. 2932.)
Subsection (a) is set forth to preserve the legal authority for the
title of the band, but the first 30 words of the Act of March 4, 1925,
ch. 536, 17, 43 Stat. 1275, are omitted as executed. To conform to
the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.), the word
''basic'' is inserted before ''pay'' in subsection (b) and the words
''and is entitled to be credited for pay purposes with all service which
may be credited under section 202 of the Career Compensation Act of 1949
(37 U.S.C. 233)'' are substituted for the words ''Provided, That all
service as an enlisted man in the naval service shall be counted in
computing longevity increases for pay of this leader''.
The second proviso is omitted as executed.
1980 -- Pub. L. 96-513 in section catchline struck out ''; leader's
pay and allowances'' after ''Band'', and in text struck out designation
''(a)''.
1962 -- Subsec. (b). Pub. L. 87-649 repealed subsec. (b) which
related to the pay and allowances of the leader of the United States
Navy Band. See sections 207 and 424 of Title 37, Pay and Allowances of
the Uniformed Services.
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. 87-649 effective Nov. 1, 1962, see section 15
of Pub. L. 87-649, set out as an Effective Date note preceding section
101 of Title 37, Pay and Allowances of the Uniformed Services.
Pay and allowances, see sections 207 and 424 of Title 37, Pay and
Allowances of the Uniformed Services.
10 USC 6222. United States Marine Band: composition; director;
assistant director
TITLE 10 -- ARMED FORCES
(a) The band of the Marine Corps shall be composed of one director,
two assistant directors, and other personnel in such numbers and grades
as the Secretary of the Navy determines to be necessary.
(b) The Secretary shall designate the director and assistant
directors of the Marine Band from among qualified members of the Marine
Corps. Upon the recommendation of the Secretary, a member so designated
may be appointed by the President, by and with the advice and consent of
the Senate, to a commissioned grade in the Regular Marine Corps.
(c) The initial appointment to a commissioned grade of a member
designated as director of the Marine Band shall be in the grade of
captain, except that a member who, at the time of his designation, holds
an appointment in a higher grade may be appointed in that higher grade,
but not above lieutenant colonel. The initial appointment of a member
designated as assistant director shall be in a grade below captain.
(d) The Secretary shall prescribe regulations for the promotion of
members designated as director or assistant director of the Marine Band,
and the President, by and with the advice and consent of the Senate, may
from time to time appoint them to higher grades.
(e) Unless otherwise entitled to higher retired grade and retired
pay, a member who holds, or has held, an appointment under this section
is entitled, when retired, to be retired in, and with retired pay based
on, the highest grade held under this section in which the Secretary
determines that he served satisfactorily.
(f) The Secretary may revoke any designation as director or assistant
director of the Marine Band. When a member's designation is revoked,
his appointment to commissioned grade under this section terminates and
he is entitled, at his option --
(1) to be discharged from the Marine Corps; or
(2) to revert to the grade and status he held at the time of his
designation as director or assistant director.
(Aug. 10, 1956, ch. 1041, 70A Stat. 388; Sept. 2, 1958, Pub. L.
85-861, 1(140), 72 Stat. 1508; Sept. 7, 1962, Pub. L. 87-649,
14c(45), 76 Stat. 501; Feb. 24, 1970, Pub. L. 91-197, 84 Stat. 15;
Dec. 12, 1980, Pub. L. 96-513, title V, 513(18), 94 Stat. 2932.)
In subsection (b) the second sentence is substituted for the two
references to the Career Compensation Act of 1949 and for the words
''and with the same number of cumulative years of service''.
In subsection (a), the words ''and appropriate'' are omitted as
covered by the word ''necessary''. The words ''and ranks'' are omitted
as covered by the word ''grades''. The second sentence of 34 App.:701
is omitted as covered by section 6224 of this title.
In subsection (b), the words ''United States'' and ''or the United
States Marine Corps Reserve'' are omitted as unnecessary in view of the
definition of ''Marine Corps'' in section 5001(a)(2) of this title. The
words ''as authorized by sections 701 to 701-5 of this title'' are
omitted as surplusage.
In subsection (e), the words ''from the United States . . . as
provided by law'' are omitted as surplusage.
In subsection (f), the words ''a member who holds, or has held'' are
substituted for the words ''Directors and assistant directors of the
Marine Band and former directors and assistant directors who have
held''.
1980 -- Subsecs. (e) to (g). Pub. L. 96-513 redesignated subsecs.
(f) and (g) as (e) and (f), respectively.
1970 -- Subsec. (d). Pub. L. 91-197 struck out provision that the
grade of the director be no higher than lieutenant colonel and that the
grades of the assistant directors be no higher than captain.
1962 -- Subsec. (e). Pub. L. 87-649 repealed subsec. (e) which
related to pay and allowances of members who accepted a commission under
this section. See sections 207 and 424 of Title 37, Pay and Allowances
of the Uniformed Services.
1958 -- Pub. L. 85-861 substituted ''United States Marine Band'' for
''United States Marine Corps Band'', and ''director; assistant
director'' for ''pay and allowances of leader and second leader'' in
section catchline.
Subsec. (a). Pub. L. 85-861 authorized one director and two assistant
directors instead of one leader and one second leader.
Subsec. (b). Pub. L. 85-861 substituted provisions relating to
designation of director and assistant directors for provisions which
prescribed the pay and allowances of the leader and second leader.
Subsecs. (c) to (g). Pub. L. 85-861 added subsecs. (c) to (g).
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. 87-649 effective Nov. 1, 1962, see section 15
of Pub. L. 87-649, set out as an Effective Date note preceding section
101 of Title 37, Pay and Allowances of the Uniformed Services.
Pay and allowances, see sections 207 and 427 of Title 37, Pay and
Allowances of the Uniformed Services.
10 USC 6223. Competition with civilian musicians prohibited
TITLE 10 -- ARMED FORCES
(a) Navy Bands and Members. -- No Navy band, except the United States
Naval Academy Band, and no member of any Navy band may receive
remuneration for furnishing music outside a military installation when
the furnishing of such music involves competition with local civilian
musicians.
(b) Members of The United States Marine Corps Band. -- No member of
the United States Marine Corps Band, as an individual, may furnish music
in competition with any civilian musician or receive remuneration for
furnishing music except under special circumstances when authorized by
the President.
(c) Exception for Commercial Recordings. -- (1) Notwithstanding any
limitation contained in subsection (a) or (b), any Navy band or Marine
Corps band designated as a special band may produce recordings for
commercial sale.
(2) Amounts received as proceeds from the sale of any such recordings
may be credited to applicable appropriations of the Department of the
Navy for expenses of Navy and Marine Corps bands.
(3) The Secretary of the Navy shall prescribe regulations governing
the accounting of such proceeds.
(Aug. 10, 1956, ch. 1041, 70A Stat. 388; Nov. 5, 1990, Pub. L.
101-510, div. A, title III, 327(b), 104 Stat. 1532; Apr. 6, 1991, Pub.
L. 102-25, title VII, 701(j)(7), 105 Stat. 116.)
In subsection (a) the phrase ''at Annapolis, Maryland,'' is omitted
as surplusage.
In subsection (b) the phrases ''or accept an engagement to furnish
music, when such furnishing of music places him'', ''or musicians'', and
''accept or'' are omitted as surplusage.
1991 -- Subsec. (b). Pub. L. 102-25 substituted ''The United States
Marine Corps Band'' for ''Marine Corps Bands'' in heading.
1990 -- Subsec. (a). Pub. L. 101-510, 327(b)(2)(A), inserted
heading.
Subsec. (b). Pub. L. 101-510, 327(b)(2)(B), inserted heading.
Subsec. (c). Pub. L. 101-510, 327(b)(1), added subsec. (c).
Functions of President under subsec. (b) of this section delegated
to Secretary of Defense, see section 1(13) 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.
Commercial Sale
Authorization for Navy Band to participate in the production of a
collection of recordings for commercial sale in connection with the
American Revolution Bicentennial, and for Secretary of Defense to enter
into contracts for the production and sale of the collection of
recordings, see Pub. L. 93-571, Dec. 31, 1974, 88 Stat. 1868, set out
as a note under section 3634 of this title.
10 USC ( 6224. Repealed. Pub. L. 87-649, 14c(46), Sept. 7, 1962, 76
Stat. 501)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 388, provided that
members of the United States Navy Band and the United States Marine
Corps Band shall lose no allowances while on concert tours approved by
the President. See section 425 of Title 37, Pay and Allowances of the
Uniformed Services.
Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,
set out as an Effective Date note preceding section 101 of Title 37, Pay
and Allowances of the Uniformed Services.
10 USC CHAPTER 567 -- DECORATIONS AND AWARDS
TITLE 10 -- ARMED FORCES
Sec.
6241. Medal of honor.
6242. Navy cross.
6243. Distinguished-service medal.
6244. Silver star medal.
6245. Distinguished flying cross.
6246. Navy and Marine Corps Medal.
6247. Additional awards.
6248. Limitations of time.
6249. Limitation of honorable service.
6250. Posthumous awards.
6251. Delegation of power to award.
6252. Regulations.
6253. Replacement.
6254. Availability of appropriations.
6255. Commemorative or special medals: facsimiles and ribbons.
For extension of time for the award of decorations, or devices in
lieu of decorations, for acts or services performed in direct support of
military operations in Southeast Asia between July 1, 1958, and Mar.
28, 1973, see Pub. L. 93-469, Oct. 24, 1974, 88 Stat. 1422, set out
as a note preceding section 3741 of this title.
General military law provisions, see section 1121 et seq. of this
title.
10 USC 6241. Medal of honor
TITLE 10 -- ARMED FORCES
The President may award, and present in the name of Congress, a medal
of honor of appropriate design, with ribbons and appurtenances, to a
person who, while a member of the naval service, distinguishes himself
conspicuously by gallantry and intrepidity at the risk of his life above
and beyond the call of duty --
(1) while engaged in an action against an enemy of the United States;
(2) while engaged in military operations involving conflict with an
opposing foreign force;
(3) while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a belligerent party.
(Aug. 10, 1956, ch. 1041, 70A Stat. 389; July 25, 1963, Pub. L.
88-77, 2(1), 77 Stat. 93.)
In subsection (a) the word ''award'' is added for clarity since the
President determines the recipient, in addition to presenting the medal
in the name of Congress. The words ''a member of the naval service''
are substituted for the words ''in the naval service of the United
States'' for uniformity. The word ''distinguishes'' is substituted for
the words ''shall * * * distinguish'' for uniformity.
In subsection (b) the words ''of the medal of honor authorized on
August 8, 1942'' are substituted for the words ''adopted pursuant to the
Act approved December 21, 1861 (12 Stat. 330)'' for the reason that the
1861 Act does not establish the design, and the date of formal adoption
of the design of the medal is obscure. The effect of the subsection is
to continue the design recognized by 34 U.S.C. 354.
1963 -- Pub. L. 88-77 enlarged the authority to award the medal of
honor, which was limited to those cases in which persons distinguished
themselves in action involving actual conflict with an enemy, or in the
line of his profession, and without detriment to the mission of his
command or to the command to which attached, to permit its award for
distinguished service while engaged in an action against an enemy of the
United States, while engaged in military operations involving conflict
with an opposing foreign force, or while serving with friendly foreign
forces engaged in an armed conflict against an opposing armed force in
which the United States is not a belligerent party, and substituted the
requirement that it be of appropriate design, with ribbons and
appurtenances, for the requirement that it be the same as that
authorized on August 8, 1942.
Establishment of, see Ex. Ord. No. 11448, set out as a note
preceding section 1121 of this title.
Award of Medal of Honor to members of Army and Air Force, see
sections 3741 and 8741 of this title.
10 USC 6242. Navy cross
TITLE 10 -- ARMED FORCES
The President may award a Navy cross of appropriate design, with
ribbons and appurtenances, to a person who, while serving in any
capacity with the Navy or Marine Corps, distinguishes himself by
extraordinary heroism not justifying the award of a medal of honor --
(1) while engaged in an action against an enemy of the United States;
(2) while engaged in military operations involving conflict with an
opposing foreign force; or
(3) while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a belligerent party.
(Aug. 10, 1956, ch. 1041, 70A Stat. 389; July 25, 1963, Pub. L.
88-77, 2(2), 77 Stat. 94.)
The word ''award'' is substituted for the word ''present'' to cover
the determination of the recipient as well as the actual presenting of
the decoration. The words ''but not in the name of Congress'' are
omitted, since a decoration is presented in the name of Congress only if
the law so directs. The words ''Navy or the Marine Corps'' are
substituted for the words ''naval service of the United States'' for
clarity. To be eligible for the award, a person need not be a member of
the naval service, but only serving in some capacity either with the
Navy or with the Marine Corps.
1963 -- Pub. L. 88-77 enlarged the authority to award the Navy
cross, which was limited to those cases in which persons distinguished
themselves in connection with military operations against an armed
enemy, to permit its award for extraordinary heroism not justifying the
award of a medal of honor, while engaged in an action against an enemy
of the United States, while engaged in military operations involving
conflict with an opposing foreign force, or while serving with friendly
foreign forces engaged in an armed conflict against an opposing armed
force in which the United States is not a belligerent party.
10 USC 6243. Distinguished-service medal
TITLE 10 -- ARMED FORCES
The President may award a distinguished-service medal of appropriate
design and a ribbon, together with a rosette or other device to be worn
in place thereof, to any person who, while serving in any capacity with
the Navy or the Marine Corps, distinguishes himself by exceptionally
meritorious service to the United States in a duty of great
responsibility.
(Aug. 10, 1956, ch. 1041, 70A Stat. 389.)
The word ''award'' is substituted for the word ''present'' to cover
the determination of the recipient as well as the actual presenting of
the decoration. The words ''but not in the name of Congress'' are
omitted as surplusage, since a decoration is presented in the name of
Congress only if Congress so directs. The words ''Navy or the Marine
Corps'' are substituted for the words ''Navy of the United States''
because the provision is interpreted as authorizing the award of the
medal to persons serving with the Marine Corps as well as with the Navy.
The words ''since the sixth day of April 1917 has distinguished'' are
omitted as executed. The words ''United States'' are substituted for
the word ''Government'' for uniformity.
Award of distinguished-service medal to members of Army and Air
Force, see sections 3743 and 8743 of this title.
10 USC 6244. Silver star medal
TITLE 10 -- ARMED FORCES
The President may award a silver star medal of appropriate design,
with ribbons and appurtenances, to a person who, while serving in any
capacity with the Navy or Marine Corps, is cited for gallantry in action
that does not warrant a medal of honor or Navy cross --
(1) while engaged in an action against an enemy of the United States;
(2) while engaged in military operations involving conflict with an
opposing foreign force; or
(3) while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a belligerent party.
(Aug. 10, 1956, ch. 1041, 70A Stat. 389; July 25, 1963, Pub. L.
88-77, 2(3), 77 Stat. 94.)
The word ''award'' is substituted for the word ''present'' to cover
the determination of the recipient as well as the actual presenting of
the decoration. The words ''but not in the name of Congress'' are
omitted as surplusage, since a decoration is presented in the name of
Congress only if the law so directs. The words ''Navy or the Marine
Corps'' are substituted for the words ''Navy of the United States''
because the provision is interpreted as authorizing the award of the
medal to persons serving with the Marine Corps. The words ''since
December 6, 1941, has distinguished himself'' are omitted as executed.
1963 -- Pub. L. 88-77 enlarged the authority to award a silver star
medal, which was limited to those cases in which persons distinguished
themselves in action, to permit its award for gallantry while engaged in
an action against an enemy of the United States, while engaged in
military operations involving conflict with an opposing foreign force,
or while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a belligerent party.
Award of silver star to members of Army and Air Force, see sections
3746 and 8746 of this title.
10 USC 6245. Distinguished flying cross
TITLE 10 -- ARMED FORCES
The President may award a distinguished flying cross of appropriate
design with accompanying ribbon to any person who, while serving in any
capacity with the Navy or the Marine Corps, distinguishes himself by
heroism or extraordinary achievement while participating in an aerial
flight.
(Aug. 10, 1956, ch. 1041, 70A Stat. 390.)
The word ''award'' is substituted for the word ''present'' to cover
the determination of the recipient as well as the actual presenting of
the decoration. The words ''but not in the name of Congress'' are
omitted as surplusage, since a decoration is presented in the name of
Congress only if the law so directs. The proviso of the first sentence
of 34 U.S.C. 364a is omitted as executed. The words ''Navy or the
Marine Corps'' are substituted for the words ''United States Navy''
because the provision is interpreted as authorizing the award of the
decoration to persons serving with the Marine Corps as well as with the
Navy. The words ''and notwithstanding the provisions of section 14 of
this Act,'' which are not now contained in title 34, are omitted as
unnecessary. The words ''since the 6th day of April, 1917, has
distinguished, or who, after July 2, 1926,'' are omitted as executed.
Award of distinguished flying cross to members of Army and Air Force,
see sections 3749 and 8749 of this title.
10 USC 6246. Navy and Marine Corps Medal
TITLE 10 -- ARMED FORCES
The President may award a medal called the ''Navy and Marine Corps
Medal'' of appropriate design with accompanying ribbon, together with a
rosette or other device to be worn in place thereof --
(1) to any person who, while serving in any capacity with the Navy or
the Marine Corps, distinguishes himself by heroism not involving actual
conflict with an enemy; or
(2) to any person to whom the Secretary of the Navy, before August 7,
1942, awarded a letter of commendation for heroism, and who applies for
that medal, regardless of the date of the act of heroism.
(Aug. 10, 1956, ch. 1041, 70A Stat. 390.)
The word ''award'' is substituted for the word ''present'' to cover
the determination of the recipient as well as the actual presenting of
the award. The words ''but not in the name of Congress'' are omitted
since a decoration is presented in the name of Congress only if the law
so directs. The words ''including the Naval Reserve and Marine Corps
Reserve'' are omitted as covered by the definitions of the Navy and the
Marine Corps. The last sentence, relating to additional pay, is omitted
for the reason that, under the Career Compensation Act of 1949 (37
U.S.C. 231 et seq.), there is no additional pay authorized for any
medal. The words ''since December 6, 1941'' are omitted as executed.
The words ''or herself'' are omitted as covered by the rules of
construction in 1 U.S.C. 1.
10 USC 6247. Additional awards
TITLE 10 -- ARMED FORCES
Not more than one medal of honor, Navy cross, distinguished-service
medal, silver star medal, distinguished flying cross, or Navy and Marine
Corps Medal may be awarded to a person. However, for each succeeding
act or service that would otherwise justify the award of such a medal or
cross, the President may award a suitable bar, emblem, or insignia to be
worn with the decoration and corresponding rosette or other device.
(Aug. 10, 1956, ch. 1041, 70A Stat. 390.)
The word ''awarded'' is substituted for the word ''issued'' for
uniformity. The words ''that would otherwise justify'' are substituted
for the words ''sufficient to justify'' for clarity. The word
''service'' is substituted for the word ''achievement'' for uniformity.
The words ''as he shall direct'' are omitted as surplusage.
10 USC 6248. Limitations of time
TITLE 10 -- ARMED FORCES
(a) Except as provided in section 6246 of this title or subsection
(b), no medal of honor, Navy cross, distinguished-service medal, silver
star medal, Navy and Marine Corps Medal, or bar, emblem, or insignia in
place thereof may be awarded to a person unless --
(1) the award is made within five years after the date of the act or
service justifying the award; and
(2) a statement setting forth the act or distinguished service and
recommending official recognition of it was made by his superior through
official channels within three years from the date of that act or
service.
(b) If the Secretary of the Navy determines that --
(1) a statement setting forth the act or distinguished service and
recommending official recognition of it was made by the person's
superior through official channels within three years from the date of
that act or service and was supported by sufficient evidence within that
time; and
(2) no award was made, because the statement was lost or through
inadvertence the recommendation was not acted on;
a medal of honor, Navy cross, distinguished-service medal, silver
star medal, Navy and Marine Corps Medal, or bar, emblem, or insignia in
place thereof, as the case may be, may be awarded to the person within
two years after the date of that determination.
(Aug. 10, 1956, ch. 1041, 70A Stat. 390; July 5, 1960, Pub. L.
86-582, 1(2), 74 Stat. 320.)
The words ''Except as provided in section 6246 of this title'' are
substituted for the words ''That except as otherwise prescribed herein''
to identify the only exception. The words ''may be awarded to a
person'' are substituted for the words ''shall be issued to any person''
for uniformity. The words ''specific'', ''or report distinctly'', and
''at the time of'' are omitted as surplusage. The words ''bar, emblem,
or insignia'' are substituted for the words ''or bar or other suitable
emblem or insignia'' for uniformity. The words ''from the date of that
act or service'' are substituted for the word ''thereafter''.
1960 -- Pub. L. 86-582 designated existing provisions as subsec.
(a), inserted ''or subsection (b)'' after ''title'', and added subsec.
(b).
10 USC 6249. Limitation of honorable service
TITLE 10 -- ARMED FORCES
No medal, cross, or bar, or associated emblem or insignia may be
awarded or presented to any person or to his representative if his
service after he distinguished himself has not been honorable.
(Aug. 10, 1956, ch. 1041, 70A Stat. 390.)
The word ''associated'' is substituted for the word ''other'' to
relate the medal or cross to its emblem or insignia. The word
''entire'' is omitted as surplusage.
10 USC 6250. Posthumous awards
TITLE 10 -- ARMED FORCES
If a person who distinguishes himself dies before an award to which
he is entitled is made, the award may be made and the medal, cross, or
bar, or associated emblem or insignia may be presented, within five
years from the date of the act or service justifying the award, to his
representative as designated by the President.
(Aug. 10, 1956, ch. 1041, 70A Stat. 390.)
The word ''associated'' is substituted for the word ''other'' to
relate the medal or cross to its emblem or insignia.
10 USC 6251. Delegation of power to award
TITLE 10 -- ARMED FORCES
The President may delegate, under such conditions as he prescribes,
to flag and general officers who are commanders-in-chief or commanding
on important independent duty, his authority to award the Navy cross,
the distinguished-service medal, the silver star medal, or the Navy and
Marine Corps Medal.
(Aug. 10, 1956, ch. 1041, 70A Stat. 391.)
The term ''flag officers'' is used generically in 34 U.S.C. 364.
Officers of the Marine Corps who meet the duty requirements, if in the
equivalent grades, are, therefore, within its terms and the authority to
make the awards has been delegated to such officers.
10 USC 6252. Regulations
TITLE 10 -- ARMED FORCES
The President may prescribe regulations for the administration of the
preceding sections of this chapter.
(Aug. 10, 1956, ch. 1041, 70A Stat. 391.)
The words ''further'', ''from time to time any and all rules'',
''orders which he shall deem necessary'', and ''to execute full purpose
and intention thereof'' are omitted as surplusage.
10 USC 6253. Replacement
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may replace without charge any medal of
honor, Navy cross, distinguished-service medal, silver star medal, or
Navy and Marine Corps Medal, or any associated bar, emblem, or insignia
awarded under this chapter that is lost or destroyed or becomes unfit
for use without fault or neglect on the part of the person to whom it
was awarded.
(Aug. 10, 1956, ch. 1041, 70A Stat. 391.)
The words ''Secretary of the Navy may replace'' are substituted for
the words ''Provided, That such replacement shall be made only in those
cases where''.
10 USC 6254. Availability of appropriations
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may spend from appropriations for the pay
of the Navy or the Marine Corps, as appropriate, amounts necessary to
provide and replace medals of honor, Navy crosses, distinguished-service
medals, silver star medals, and Navy and Marine Corps Medals, and
associated bars, emblems, and insignia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 391.)
The words ''the appropriations for the pay of the Navy or the Marine
Corps, as appropriate'', are substituted for the words ''the
appropriation 'Pay, subsistence, and transportation of naval
personnel''', to identify by a general description, rather than by the
specific appropriation title, the appropriation authorized to be used.
Specific appropriation titles vary from one appropriation act to the
next. The permanent authority contained in 34 U.S.C. 359 for the
Secretary of the Navy to use appropriations available for the pay of the
Navy and the Marine Corps is not affected by a change in the titles of
those appropriations nor is it affected by a specific authorization in
an appropriation act to use, during the life of the act, a different
type of appropriation.
10 USC 6255. Commemorative or special medals: facsimiles and ribbons
TITLE 10 -- ARMED FORCES
Under regulations prescribed by the Secretary of the Navy, members of
the naval service may wear, in place of commemorative or special medals
awarded to them, miniature facsimiles of such medals and ribbons
symbolic of the awards.
(Aug. 10, 1956, ch. 1041, 70A Stat. 391.)
The words ''members of the naval service may'' are substituted for
the words ''That authority is hereby granted to personnel of the Navy
and Marine Corps'' for clarity.
10 USC CHAPTER 569 -- DISCHARGE OF ENLISTED MEMBERS
TITLE 10 -- ARMED FORCES
Sec.
(6291. Repealed.)
6292. Minors enlisted upon false statement of age.
(6293 to 6298. Repealed.)
1980 -- Pub. L. 96-513, title V, 503(46), Dec. 12, 1980, 94 Stat.
2914, struck out item 6294 ''Women in the Regular Navy and Regular
Marine Corps: termination of enlistment''.
1968 -- Pub. L. 90-235, 3(a)(4), (b)(4), 8(4), Jan. 2, 1968, 81
Stat. 758, 764, struck out item 6291 ''Honorable discharges'', item
6293 ''Minors enlisted without consent of parent or guardian'', item
6295 ''Regular Navy: early discharge'', item 6296 ''Furlough without
pay'', item 6297 ''Disposition of uniform; clothing allowance;
emergency funds'', and item 6298 ''Authority to live at a receiving
station after honorable discharge''.
10 USC ( 6291. Repealed. Pub. L. 90-235, 3(b)(1), Jan. 2, 1968, 81
Stat. 758)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 391, provided for
honorable discharges for enlisted members of the naval service.
10 USC 6292. Minors enlisted upon false statement of age
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy, under regulations prescribed by him,
may discharge or release from the naval service, with pay and allowances
and form of discharge certificate appropriate for his service after
enlistment, any enlisted member who, as the result of a false statement
of age on his application for enlistment, was enlisted while under the
minimum statutory or administrative age limit. A member so discharged
or released is entitled to transportation in kind and subsistence from
the place of discharge to his home.
(b) Appropriations available for pay and allowances, subsistence, and
transportation of enlisted members of the naval service are available
for payments under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 391.)
The word ''member'' is substituted for the word ''person'' and the
words ''naval service'' are substituted for the words ''Navy, Marine
Corps, and the Reserve components thereof''. The words ''form of'' are
added for clarity. Reference to the date ''September 24, 1945'' is
omitted as unnecessary. The words ''is entitled to'' are substituted
for the words ''shall be furnished'' for uniformity. The decision of
the Comptroller General of December 23, 1949 (B-91297), has not been
overlooked. That decision, without passing on a case in which the point
was involved, indicated that the transportation entitlement in 34 U.S.C.
900a might be impliedly repealed by the Career Compensation Act of 1949.
The editors of the United States Code Annotated, apparently on the
basis of this decision, have omitted 34 U.S.C.A. 900a from the 1954
pocket part. A conclusion that the section is repealed, however,
defeats the specific purpose of the provision, which, as indicated in
the legislative hearings, was to insure that underage dischargees would
be transported home and not simply released at the place of discharge.
10 USC ( 6293. Repealed. Pub. L. 90-235, 3(a)(2), Jan. 2, 1968, 81
Stat. 757)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 392, provided for
discharges for minors enlisted in the naval service or in the Regular
Navy as seamen, seamen apprentices or seamen recruits. See section 1170
of this title.
10 USC ( 6294. Repealed. Pub. L. 96-513, title III, 373(g), Dec. 12,
1980, 94 Stat. 2903)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 392, authorized
Secretary of Navy to terminate enlistment of and discharge any enlisted
woman in Regular Navy or Regular Marine Corps.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 6295 to 6298. Repealed. Pub. L. 90-235, 3(a)(2), (b)(1),
8(3), Jan. 2, 1968, 81 Stat. 757, 758, 764)
TITLE 10 -- ARMED FORCES
Section 6295, act Aug. 10, 1956, ch. 1041, 70A Stat. 392, provided
for early discharges from the Regular Navy. See section 1171 of this
title.
Section 6296, act Aug. 10, 1956, ch. 1041, 70A Stat. 392, provided
for furlough without pay for any enlisted member of the Regular Navy for
the unexpired term of his enlistment.
Section 6297, act Aug. 10, 1956, ch. 1041, 70A Stat. 393, provided
for disposition of uniforms of enlisted members of the naval service who
were discharged and for disposition of uniforms of and clothing
allowance and emergency funds for enlisted members of the naval service
who were discharged other than honorably.
Section 6298, act Aug. 10, 1956, ch. 1041, 70A Stat. 393,
authorized Secretary of Navy to permit any person honorably discharged
from the naval service to live at any naval receiving station while he
was eligible for a reenlistment bonus.
10 USC CHAPTER 571 -- VOLUNTARY RETIREMENT
TITLE 10 -- ARMED FORCES
Sec.
6321. Officers: 40 years.
6322. Officers: 30 years.
6323. Officers: 20 years.
6324. Officers: creditable service.
6325. Officers: retired grade and pay.
6326. Enlisted members: 30 years.
6327. Officers and enlisted members of the Naval Reserve and Marine
Corps Reserve: 30 years; 20 years; retired pay.
(6328. Repealed.)
6329. Officers not to be retired for misconduct.
6330. Enlisted members: transfer to Fleet Reserve and Fleet Marine
Corps Reserve; retainer pay.
6331. Members of the Fleet Reserve and Fleet Marine Corps Reserve:
transfer to the retired list; retired pay.
6332. Conclusiveness of transfers.
6333. Computation of retired and retainer pay.
6334. Higher grade after 30 years of service: warrant officers and
enlisted members.
6335. Restoration to former grade: warrant officers and enlisted
members.
1987 -- Pub. L. 100-180, div. A, title V, 512(e)(2), Dec. 4,
1987, 101 Stat. 1091, added items 6334 and 6335.
1986 -- Pub. L. 99-348, title III, 304(b)(3), July 1, 1986, 100
Stat. 704, struck out item 6328 ''Treatment of fractions of years of
service in computing retired pay'' and substituted ''Computation of''
for ''Treatment of fractions of dollar amounts in computing'' in item
6333.
1983 -- Pub. L. 98-94, title IX, 922(a)(10)(B), Sept. 24, 1983, 97
Stat. 641, added item 6333.
1967 -- Pub. L. 90-130, 1(23)(B), Nov. 8, 1967, 81 Stat. 380,
struck out ''Nurse Corps'' before ''Officers'' in item 6324.
General military law provisions, see section 1201 et seq. of this
title.
10 USC 6321. Officers: 40 years
TITLE 10 -- ARMED FORCES
(a) Each officer of the Regular Navy or the Regular Marine Corps
holding a permanent appointment in the grade of warrant officer, W-1, or
above who applies for retirement after completing 40 or more years of
active service shall be retired by the Secretary of the Navy.
(b) For the purpose of this section, an officer's years of active
service are computed by adding all his active service in the armed
forces.
(Aug. 10, 1956, ch. 1041, 70A Stat. 393.)
In subsection (a) the words ''Regular'' and ''holding a permanent
appointment in the grade of warrant officer, W-1, or above'' are
inserted for clarity. The word ''shall'' is substituted for the word
''may'' because the Attorney General has construed R.S. 1443 as
conferring a right to retirement upon officers who apply for it after 40
years of service (30 Op. Atty. Gen. 406). The words ''from active
service'' are omitted as surplusage. The words ''after completing 40 or
more years of active service'' are substituted for the words ''has been
forty years in the service of the United States'' for clarity.
In subsection (b) the accepted meaning of the words ''service of the
United States'' is spelled out for clarity. They have been consistently
interpreted to include active service in the armed forces as defined in
this title.
10 USC 6322. Officers: 30 years
TITLE 10 -- ARMED FORCES
(a) An officer of the Regular Navy or the Regular Marine Corps
holding a permanent appointment in the grade of warrant officer, W-1, or
above who applies for retirement after completing 30 or more years of
active service may, in the discretion of the Secretary of the Navy, be
retired.
(b) For the purpose of this section, an officer's years of active
service are computed by adding all his active service in the armed
forces.
(Aug. 10, 1956, ch. 1041, 70A Stat. 394; Sept. 8, 1980, Pub. L.
96-342, title VIII, 813(d)(1), 94 Stat. 1104; Dec. 12, 1980, Pub. L.
96-513, 513(17), 94 Stat. 2932; July 1, 1986, Pub. L. 99-348, title
II, 203(b)(1), 100 Stat. 696.)
In subsection (a) the words ''Regular'' and ''holding a permanent
appointment in the grade of warrant officer, W-1, or above'' are
inserted for clarity. The words ''after completing 30 or more years of
active service'' are substituted for the words ''has been thirty years
in the service'' for clarity. The words ''retired from active service''
are omitted as surplusage.
Subsection (b) is added to clarify the word ''service''. It has been
consistently interpreted to include active service in the armed forces
as defined in this title.
In subsection (c) the words ''is entitled to retired pay at the rate
of 75 percent of the highest basic pay of the grade in which retired''
are substituted for the words ''with three-fourths of the highest pay of
his grade'' for clarity and uniformity of expression.
1986 -- Subsec. (c). Pub. L. 99-348 struck out subsec. (c) which
provided that each officer retired under this section be entitled to
retired pay, in the case of an officer who first became a member of a
uniformed service, as defined in section 1407(a)(2), before Sept. 8,
1980, at the rate of 75 percent of the highest basic pay of the grade in
which retired, and in the case of an officer who first became a member
of a uniformed service, as defined in section 1407(a)(2), on or after
Sept. 8, 1980, at the rate of 75 percent of the monthly retired pay
base computed under section 1407(d).
1980 -- Subsec. (c). Pub. L. 96-513 substituted ''September 8,
1980'' for ''the date of the enactment of the Department of Defense
Authorization Act, 1981'' wherever appearing.
Pub. L. 96-342 designated existing provisions as par. (1), inserted
provision limiting applicability to officers who became members of the
uniformed services before the date of the enactment of the Department of
Defense Authorization Act, 1981, and added par. (2).
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 6323. Officers: 20 years
TITLE 10 -- ARMED FORCES
(a)(1) An officer of the Navy or the Marine Corps who applies for
retirement after completing more than 20 years of active service, of
which at least 10 years was service as a commissioned officer, may, in
the discretion of the President, be retired on the first day of any
month designated by the President.
(2) The Secretary of Defense may authorize the Secretary of the Navy,
during the five-year period beginning on October 1, 1990, to reduce the
requirement under paragraph (1) for at least 10 years of active service
as a commissioned officer to a period (determined by the Secretary) of
not less than eight years.
(b) For the purposes of this section --
(1) an officer's years of active service are computed by adding all
his active service in the armed forces; and
(2) his years of service as a commissioned officer are computed by
adding all his active service in the armed forces under permanent or
temporary appointments in grades above warrant officer, W-1.
(c) The retired grade of an officer retired under this section is the
grade determined under section 1370 of this title.
(d) A warrant officer who retires under this section may elect to be
placed on the retired list in the highest grade and with the highest
retired pay to which he is entitled under any provision of this title.
If the pay of that highest grade is less than the pay of any warrant
grade satisfactorily held by him on active duty, his retired pay shall
be based on the higher pay.
(e) Unless otherwise entitled to higher pay, an officer retired under
this section is entitled to retired pay computed under section 6333 of
this title.
(f) Officers of the Naval Reserve and the Marine Corps Reserve who
were transferred to the Retired Reserve from an honorary retired list
under section 213(b) of the Armed Forces Reserve Act of 1952 (66 Stat.
485), or are transferred to the Retired Reserve under section 6327 of
this title, may be retired under this section, notwithstanding their
retired status, if they are otherwise eligible.
(Aug. 10, 1956, ch. 1041, 70A Stat. 394; Sept. 2, 1958, Pub. L.
85-861, 1(142), 72 Stat. 1509; Oct. 2, 1963, Pub. L. 88-132, 5(h)(4),
77 Stat. 214; Sept. 8, 1980, Pub. L. 96-342, title VIII, 813(d)(2), 94
Stat. 1104; Dec. 12, 1980, Pub. L. 96-513, title V, 503(47)(A),
513(17), 94 Stat. 2914, 2932; July 1, 1986, Pub. L. 99-348, title II,
203(b)(2), 100 Stat. 696; Nov. 5, 1990, Pub. L. 101-510, div. A, title
V, 523(b), 104 Stat. 1562.)
In subsection (b) the words ''or the Reserve Components thereof'' are
omitted because the terms ''Navy'', ''Marine Corps'', and ''Coast
Guard'' include the reserve components. The words ''including active
duty for training'' are omitted because the term ''active duty'' is
defined in this title as including training duty.
The Act of April 14, 1949 (34 U.S.C. 410b-1), extending the benefits
of 34 U.S.C. 410b to officers on the honorary retired lists, was enacted
because the Comptroller General had held that these officers, being
already in a retired status, could not be retired under 34 U.S.C. 410b
(U.S. Code Congressional Service, 1949, p. 1179). The provisions of the
Naval Reserve Act of 1938 relating to the honorary retired lists were
repealed by 803 of the Armed Forces Reserve Act of 1952, but insofar as
they provided for retirement and retired pay they were reenacted, for a
period of 20 years, in 413 of that act (50 U.S.C. 1052). Persons on the
honorary retired lists when the Armed Forces Reserve Act of 1952 was
passed were transferred to the appropriate Retired Reserve under 213 of
the Act. Persons qualifying for retirement under 413 are likewise
placed in the Retired Reserve. The purpose of Congress in enacting 413
was to preserve the accrued rights of persons who were members of
reserve components on January 1, 1953, the effective date of the Act
(U.S. Code Congressional and Administrative News, 1952, p. 3584). One
of their rights was the right to apply for retirement under 34 U.S.C.
410b upon completion of the required service, notwithstanding the fact
that, before qualifying for retirement under that section, they had
already acquired a retired status. Subsection (c) is worded
accordingly.
In subsection (b), the words ''armed forces'' are substituted for the
words ''Navy, Marine Corps, Army, Air Force, or Coast Guard, or the
Reserve Components thereof'' because ''armed forces'', as defined in
this title, is a collective term for these elements.
Subsections (c) and (e) state rules, formerly stated in section 6325,
with respect to officers retired under this section.
Subsection (d) states a rule, formerly stated in section 6325, with
respect to warrant officers retired under this section.
In subsections (c) and (e), the words ''Unless otherwise entitled to
a higher grade'' and ''Unless otherwise entitled to higher pay'' are
substituted for 34 App.:410c(b).
In subsection (d), the second and third provisos of 34 App.:410b,
relating to officers whose basic pay is not based on years of service,
is omitted as obsolete. Under the Career Compensation Act of 1949 (37
U.S.C. 231 et seq.), the basic pay of all officers is based on years of
service. The subsection is worded to conform to the terminology of the
Career Compensation Act of 1949 and to make clear the fact that the
amount of retired pay is not permanently fixed at the time of retirement
but is subject to change when rates of basic pay are changed, as
provided in 34 App.:410q.
Subsection (f) was formerly subsection (c).
Section 213(b) of the Armed Forces Reserve Act of 1952 (66 Stat.
485), referred to in subsec. (f), was classified to section 933 of
Title 50, War and National Defense, and was repealed by section 53 of
act Aug. 10, 1956.
1990 -- Subsec. (a). Pub. L. 101-510 designated existing provisions
as par. (1) and added par. (2).
1986 -- Subsec. (e). Pub. L. 99-348 substituted provision that
retired pay be computed under section 6333 for provision that retired
pay, in the case of an officer who first became a member of a uniformed
service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at
the rate of 2 1/2 percent of the basic pay of the grade in which
retired, or in the case of an officer who first became a member of a
uniformed service, as defined in section 1407(a)(2), on or after Sept.
8, 1980, be at the rate of 2 1/2 percent of the monthly retired pay base
computed under section 1407(d), which rates were to be multiplied by the
number of years of service credited under section 1405, but such retired
pay was not to be more than 75 percent of the basic pay or monthly
retired pay base upon which the computation of retired pay was based.
1980 -- Subsec. (c). Pub. L. 96-513, 503(47)(A), substituted
provisions that the retired grade of an officer retired under this
section is the grade determined under section 1370 of this title for
provisions that had set the grade of officers retired under this section
at the highest grade, permanent or temporary, in which he had served
satisfactorily on active duty as determined by the Secretary of the
Navy; or, if the Secretary determined that he had not served
satisfactorily in his highest temporary grade, in the next lower grade
in which he had served, but not lower than his permanent grade.
Subsec. (e). Pub. L. 96-513, 513(17), substituted ''September 8,
1980'' for ''the date of the enactment of the Department of Defense
Authorization Act, 1981'' wherever appearing.
Pub. L. 96-342 designated existing provisions as par. (1), inserted
provision limiting applicability to officers who became members of the
uniformed services before the date of the enactment of the Department of
Defense Authorization Act, 1981, and added par. (2).
1963 -- Subsec. (e). Pub. L. 88-132 substituted ''of'' for ''to
which he would be entitled if serving on active duty in'' after ''2 1/2
percent of the basic pay''.
1958 -- Subsec. (a). Pub. L. 85-861 substituted ''first day of any
month'' for ''first day of the month''.
Subsec. (b). Pub. L. 85-861 inserted provisions in cl. (2).
Subsecs. (c) to (f). Pub. L. 85-861 added subsecs. (c) to (e) and
redesignated former subsec. (c) as (f).
Amendment by section 503(47) of Pub. L. 96-513 effective Sept. 15,
1981, and amendment by section 513(17) of Pub. L. 96-513 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. 88-132 effective Oct. 1, 1963, see section 14
of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay
and Allowances of the Uniformed Services.
Functions of President under subsec. (a) to approve application of
an officer of Navy or Marine Corps for retirement after completion of
more than 20 years of active service and to designate month in which
such retirements shall become effective 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(e), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a
note under section 301 of Title 3, The President.
For delegation to Secretary of the Treasury of authority vested in
President, see section 2(g) of Ex. Ord. No. 10637, Sept. 16, 1955, 20
F.R. 7025, set out as a note under section 301 of Title 3, The
President.
For provisions authorizing the Secretary of the Navy, during the
period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this
section to an officer with at least 15 but less than 20 years of service
by substituting ''at least 15 years'' for ''at least 20 years'' in
subsec. (a) of this section, see section 4403 of Pub. L. 102-484, set
out as a note under section 1293 of this title.
Composition of Retired Reserve, see section 274 of this title.
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
10 USC 6324. Officers: creditable service
TITLE 10 -- ARMED FORCES
For the purpose of this chapter, service as a nurse in the armed
forces before April 16, 1947, is considered as commissioned service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 394; Aug. 25, 1959, Pub. L.
86-197, 1(6), 73 Stat. 426; Sept. 30, 1966, Pub. L. 89-609, 1(15), 80
Stat. 853; Nov. 8, 1967, Pub. L. 90-130, 1(23)(A), 81 Stat. 380.)
The words ''or the reserve components thereof'' are omitted because
''Army'', ''Navy'', and ''Air Force'', as defined in this title, include
the reserve components.
1967 -- Pub. L. 90-130 substituted provision reciting simply that
service as a nurse in the armed forces before April 16, 1947, is
considered as commissioned service for purposes of this chapter for
provisions making specific reference to service under an appointment or
contract or as a commissioned officer in the Nurse Corps of the Army or
the Navy or as a commissioned officer of the Air Force designated as an
Air Force Nurse.
1966 -- Pub. L. 89-609 substituted ''the person's'' for ''her'' in
introductory text in two places.
1959 -- Pub. L. 86-197 substituted ''a regular officer or a reserve
officer'' for ''an officer''.
Secretaries authorized until July 1, 1972, to convene boards of
officers to consider and recommend deferment of separation or retirement
of officers of the Army Nurse Corps, officers of the Navy Nurse Corps,
and Air Force nurses, as needs of the service require, see section 4(f)
of Pub. L. 90-130, set out as a note under section 3069 of this title.
10 USC 6325. Officers: retired grade and pay
TITLE 10 -- ARMED FORCES
(a) Except as provided in subsection (b) or section 1370 of this
title, each officer who is retired under section 6321 or 6322 of this
title --
(1) unless otherwise entitled to a higher grade, shall be retired in
the grade in which he was serving at the time of retirement; and
(2) unless otherwise entitled to higher pay, is entitled to retired
pay computed under section 6333 of this title.
(b) Each officer who is retired while serving in the grade of
admiral, vice admiral, general, or lieutenant general by virtue of an
appointment under section 601 of this title or who is retired while
serving in a grade to which he was appointed or promoted under section
603 of this title or promoted under section 602 (as in effect before
February 1, 1992) or section 5721 of this title --
(1) unless otherwise entitled to a higher grade, shall be retired in
the grade he would hold if he had not received such an appointment; and
(2) unless otherwise entitled to higher pay, is entitled to retired
pay computed under section 6333 of this title.
(c) A warrant officer who retires under section 6321, 6322, or 6323
of this title may elect to be placed on the retired list in the highest
grade and with the highest retired pay to which he is entitled under any
provision of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 394; May 20, 1958, Pub. L.
85-422, 11(a)(6)(B), 72 Stat. 131; Sept. 2, 1958, Pub. L. 85-861,
1(143), 72 Stat. 1509; Oct. 2, 1963, Pub. L. 88-132, 5(h)(4), 77 Stat.
214; Sept. 19, 1978, Pub. L. 95-377, 7, 92 Stat. 721; Sept. 8, 1980,
Pub. L. 96-342, title VIII, 813(d)(3), 94 Stat. 1104; Dec. 12, 1980,
Pub. L. 96-513, title V, 503(47)(B), 513(17), 94 Stat. 2914, 2932;
July 10, 1981, Pub. L. 97-22, 10(b)(8), 95 Stat. 137; July 1, 1986,
Pub. L. 99-348, title I, 104(c)(2), title II, 203(b)(3), 100 Stat.
691, 696; Oct. 23, 1992, Pub. L. 102-484, div. A, title X, 1052(39),
106 Stat. 2501.)
Title III of the Officer Personnel Act of 1947 authorizes temporary
promotions to the grades of lieutenant through rear admiral. The
purpose of 316(j) of that act (34 U.S.C. 410m) was to insure that each
officer who is temporarily promoted under that Title, and who retires
before he receives a permanent appointment in the grade in which he is
serving, will be considered, for the purposes of the laws relating to
retired grade and pay, to be serving in the grade he holds pursuant to
his temporary appointment. Since 5001 of this title provides that an
officer who holds a permanent appointment in one grade and a temporary
appointment in a higher grade is considered as serving in the higher
grade, a restatement of the substance of 316(j) is unnecessary and is
omitted from subsection (a). The words ''retired other than by reason
of physical disability incurred in line of duty'', in 34 U.S.C. 43g(d)
and (f) and 34 U.S.C. 410r(g), are omitted as unnecessary, since this
section relates only to officers who are voluntarily retired under this
chapter. The words ''basic pay to which he would be entitled if serving
on active duty in the grade in which retired'' are substituted for the
words ''active-duty pay with longevity credit of the rank with which
retired'' in 34 U.S.C. 410c(a), for the words ''active-duty pay to
which entitled at the time of retirement'' in 34 U.S.C. 43g(d), and for
the words ''active-duty pay to which she would be entitled if serving,
at the time of retirement, on active duty in the rank in which placed
upon the retired list'' in 34 U.S.C. 43g(f) and 34 U.S.C. 410r(g), to
make clear the fact that the amount of retired pay is not permanently
fixed at the time of retirement but is subject to change when rates of
basic pay are changed, as provided in 34 U.S.C. 410q. The words ''basic
pay'' are substituted for the words ''active-duty pay'' and the words
''creditable for basic pay'' are substituted for the words ''for which
entitled to credit in the computation of her active-duty pay'', and for
the words ''for which entitled to credit in the computation of their pay
while on active duty'' to conform to the terminology used in the Career
Compensation Act of 1949 (37 U.S.C. 231 et seq.)
Unlike provisions of law authorizing retirement on various other
grounds, R.S. 1443, which provides for the retirement of officers on
their own application after 40 years of service, contains no provisions
as to retired pay. R.S. 1588 provided, inter alia, that officers so
retired should received retired pay at the rate of 75 percent of the sea
pay of their respective grades, but that section was expressly repealed
by 531(a)(7) of the Career Compensation Act of 1949, leaving no
specific provision for the retired pay of officers retired under R.S.
1443. It would be absurd to assume, however, that Congress intended that
an officer having 40 years of service should be retired without pay,
when he could have been retired with pay at any time within the
preceding 20 years. By the repeal of R.S. 1588 Congress intended merely
to remove obsolete and superseded provisions as to retirement at age 62
and retirement after 45 years of service, references to sea pay, and
provisions, inconsistent with later law, for half pay for officers
retired for other reasons. Congress intended the retired pay of
officers retired after 40 years of service to be computed according to
the formula prescribed generally for retired officers, other than for
officers retired by reason of physical disability, and this section is
worded accordingly.
Subsection (b) is added for clarity. With respect to officers
appointed under 5231 or 5232 of this title it represents a necessary
inference from 34 U.S.C. 410o and 623b(e), codified in 5233 of this
title.
The reference to section 6323 is deleted, since it is no longer
appropriate to include in this section officers retired under section
6323.
Section 602 of this title, referred to in subsec. (b), was repealed
by Pub. L. 102-190, div. A, title XI, 1113(a), Dec. 5, 1991, 105
Stat. 1502.
1992 -- Subsec. (b). Pub. L. 102-484 substituted ''section 602 (as
in effect before February 1, 1992) or section 5721'' for ''section 602
or 5721''.
1986 -- Subsec. (a)(2). Pub. L. 99-348, 203(b)(3), substituted
provision that retired pay be computed under section 6333 for provision
that retired pay, in the case of an officer who first became a member of
a uniformed service, as defined in section 1407(a)(2), before Sept. 8,
1980, be at the rate of 2 1/2 percent of the basic pay of the grade in
which he retired, or in the case of an officer who first became a member
of a uniformed service, as defined in section 1407(a)(2), on or after
Sept. 8, 1980, be at the rate of 2 1/2 percent of the monthly retired
pay base computed under section 1407(d), which rates were to be
multiplied by the number of years of service credited under section
1405, but such retired pay was not to be more than 75 percent of the
basic pay or monthly retired pay base upon which the computation of
retired pay was based.
Subsec. (b)(2). Pub. L. 99-348, 203(b)(3), substituted provision
that retired pay be computed under section 6333 for provision that
retired pay, in the case of an officer who first became a member of a
uniformed service, as defined in section 1407(a)(2), before Sept. 8,
1980, be at the rate of 2 1/2 percent of the basic pay of the grade he
would have held if he had not received an appointment, or in the case of
an officer who first became a member of a uniformed service, as defined
in section 1407(a)(2), on or after Sept. 8, 1980, be at the rate of 2
1/2 percent of the monthly retired pay base computed under section
1407(d), which rates were to be multiplied by the number of years of
service credited under section 1405, but such retired pay was not to be
more than 75 percent of the basic pay or monthly retired pay base upon
which the computation of retired pay was based.
Subsec. (c). Pub. L. 99-348, 104(c)(2), struck out provision that if
the pay of that highest grade was less than the pay of any warrant grade
satisfactorily held by him on active duty, his retired pay would be
based on the higher pay.
1981 -- Subsec. (b). Pub. L. 97-22, in provisions preceding par.
(1), substituted ''appointed or promoted under section 603 of this title
or promoted under section 602 or 5721 of this title'' for ''appointed
under section 5597 of this title or promoted under section 5787 or 5787d
of this title''.
1980 -- Subsec. (a). Pub. L. 96-513, 503(47)(B)(i), inserted ''or
section 1370 of this title'' after ''subsection (b)''.
Subsec. (a)(2). Pub. L. 96-513, 513(17), substituted ''September 8,
1980'' for ''the date of the enactment of the Department of Defense
Authorization Act, 1981'' wherever appearing.
Pub. L. 96-342, 813(d)(3)(A), designated existing provisions as
subpar. (A), inserted provision limiting applicability to officers who
became members of the uniformed services before the date of the
enactment of the Department of Defense Authorization Act, 1981, and
added subpar. (B).
Subsec. (b). Pub. L. 96-513, 503(47)(B)(ii), substituted ''601'' for
''5231 or 5232''.
Subsec. (b)(2). Pub. L. 96-513, 513(17), substituted ''September 8,
1980'' for ''the date of the enactment of the Department of Defense
Authorization Act, 1981'' wherever appearing.
Pub. L. 96-342, 813(d)(3)(B), designated existing provisions as
subpar. (A), inserted provision limiting applicability to officers who
became members of the uniformed services before the date of the
enactment of the Department of Defense Authorization Act, 1981, and
added subpar. (B).
1978 -- Subsec. (b). Pub. L. 95-377 inserted ''or 5787d'' after
''5787''.
1963 -- Subsecs. (a)(2), (b)(2). Pub. L. 88-132 substituted ''of''
for ''to which he would be entitled if serving on active duty in''
following ''2 1/2 percent of the basic pay''.
1958 -- Subsec. (a). Pub. L. 85-861 substituted ''or 6322'' for '',
6322, or 6323''.
Subsecs. (a)(2), (b)(2). Pub. L. 85-422 substituted ''that may be
credited to him under section 1405 of this title'' for ''creditable for
basic pay''.
Section 10(b) of Pub. L. 97-22 provided that the amendment made by
that section is effective Sept. 15, 1981.
Amendment by section 503(47) of Pub. L. 96-513 effective Sept. 15,
1981, and amendment by section 513(17) of Pub. L. 96-513 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. 88-132 effective Oct. 1, 1963, see section 14
of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay
and Allowances of the Uniformed Services.
Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9 of
Pub. L. 85-422.
Officers entitled to retired pay on May 31, 1958, who served on
active duty before that day in the grade of admiral or vice admiral for
a period of at least 180 days, authorized to recompute retired pay, see
section 7(b), (c) of Pub. L. 85-422.
Higher retired grade and pay for members who serve satisfactorily
under temporary appointments, see section 6151 of this title.
Limitation on amount of retired pay of officers of Navy holding
civilian position with Government, see section 5532 of Title 5,
Government Organization and Employees.
10 USC 6326. Enlisted members: 30 years
TITLE 10 -- ARMED FORCES
(a) Each enlisted member of the Regular Navy or the Regular Marine
Corps who applies for retirement after completing 30 or more years of
active service in the armed forces shall be retired by the President.
(b) For the purpose of subsection (a), ''enlisted member'' includes a
member of the Regular Navy or the Regular Marine Corps who holds a
permanent enlisted grade and a temporary appointment in a commissioned
or warrant officer grade.
(c) Each person retired under this section --
(1) unless otherwise entitled to a higher grade, shall be retired in
the grade in which serving at the time of retirement; and
(2) unless otherwise entitled to higher pay, is entitled to retired
pay computed under section 6333 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 395; May 20, 1958, Pub. L.
85-422, 6(9), 72 Stat. 129; Sept. 2, 1958, Pub. L. 85-861, 36B(20),
72 Stat. 1571; Oct. 2, 1963, Pub. L. 88-132, 5(h)(4), 77 Stat. 214;
Dec. 16, 1967, Pub. L. 90-207, 3(3), 81 Stat. 653; Sept. 8, 1980, Pub.
L. 96-342, title VIII, 813(d)(4), 94 Stat. 1105; Dec. 12, 1980, Pub.
L. 96-513, title V, 513(17), (19), 94 Stat. 2932; July 1, 1986, Pub.
L. 99-348, title II, 203(b)(4), 100 Stat. 696.)
In subsection (a) the word ''Regular'' is inserted before the words
''Navy'' and ''Marine Corps'' to reflect the longstanding interpretation
that 34 U.S.C. 431 applies only to members of the Regular Navy and
Regular Marine Corps. So much of the Act of March 2, 1907, ch. 2515,
1 (34 U.S.C. 431), as pertains to allowances and rations was expressly
repealed by the Act of June 16, 1942, ch. 413, 56 Stat. 369. The words
''active service in the armed forces'' are substituted for 34 U.S.C. 432
for brevity. The reference to the former Revenue Cutter Service in 34
U.S.C. 432 is omitted as obsolete, inasmuch as that Service was absorbed
by the Coast Guard in 1915. If there are any enlisted men not yet
retired who served in the Revenue Cutter Service, their right to count
that service for the purpose of this section is protected by the saving
provisions accompanying this title. The reference to active service in
the Civil or Spanish-American War in 34 U.S.C. 432 is omitted as
obsolete.
Subsection (b) is inserted to cover into the section permanent
enlisted members who are temporarily appointed to commissioned or
warrant grades.
In subsection (c) the word ''grade'' is substituted for the words
''rating or rank'' and the words ''is entitled to retired pay at the
rate of 75 percent of the basic pay to which he would be entitled if
serving on active duty in the grade in which retired'' are substituted
for the words ''and with 75 per centum of the pay of the said rating or
rank'' to conform to the terminology of the Career Compensation Act of
1949 (37 U.S.C. 231 et seq.).
Subsection (d) is substituted for 34 U.S.C. 350i(e) as that section
pertains to voluntary retirement of enlisted members with 30 years of
active service.
1986 -- Subsec. (c). Pub. L. 99-348 substituted provision that
retired pay be computed under section 6333 for provision that retired
pay, in the case of a person who first became a member of a uniformed
service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at
the rate of 75 percent of the basic pay of the pay grade in which he was
serving on the day before retirement or, if he served as master chief
petty officer of the Navy or as sergeant major of the Marine Corps, 75
percent of the highest basic pay to which he was entitled while so
serving, if that rate was higher, or in the case of a person who first
became a member of a uniformed service, as defined in section
1407(a)(2), on or after Sept. 8, 1980, be computed by multiplying the
monthly retired pay base computed under section 1407(d) by 75 percent.
1980 -- Subsec. (c)(2). Pub. L. 96-513 substituted ''September 8,
1980'' for ''the date of the enactment of the Department of Defense
Authorization Act, 1981'' wherever appearing, and ''master chief petty
officer'' for ''senior enlisted advisor''.
Pub. L. 96-342 designated existing provisions as subpar. (A),
inserted provision limiting applicability to persons who became members
of the uniformed services before the date of the enactment of the
Department of Defense Authorization Act, 1981, and added subpar. (B).
1967 -- Subsec. (c)(2). Pub. L. 90-207 inserted '', or if he has
served as senior enlisted advisor of the Navy or as sergeant major of
the Marine Corps, he shall be entitled to retired pay at the rate of 75
percent of the highest basic pay to which he was entitled while so
serving, if that rate is higher'' after ''retirement''.
1963 -- Subsec. (c)(2). Pub. L. 88-132 substituted ''of'' for ''to
which he would be entitled is serving on active duty in'' after ''75
percent of the basic pay''.
1958 -- Subsec. (c)(2). Pub. L. 85-422 substituted ''pay grade in
which he was serving on the day before retirement'' for ''grade in which
retired''.
Subsec. (d). Pub. L. 85-861 repealed subsec. (d) which related to
grade of members serving in a grade to which they were appointed under
section 5597 or promoted under section 5787 of this title.
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. 90-207 effective Oct. 1, 1967, see section 7
of Pub. L. 90-207, set out as a note under section 203 of Title 37, Pay
and Allowances of the Uniformed Services.
Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14
of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay
and Allowances of the Uniformed Services.
Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9 of
Pub. L. 85-422.
Amendment by Pub. L. 85-422 inapplicable to retired persons or to
persons to whom retired pay is granted before May 31, 1958, see note set
out under section 3991 of this title.
10 USC 6327. Officers and enlisted members of the Naval Reserve and
Marine Corps Reserve: 30 years; 20 years; retired pay
TITLE 10 -- ARMED FORCES
(a) A member of the Naval Reserve or the Marine Corps Reserve may be
transferred to the Retired Reserve upon his request if he has completed
--
(1) at least 30 years of active service in the armed forces, other
than active duty for training; or
(2) at least 20 years of active service in the armed forces other
than active duty for training, the last 10 of which he served in the
11-year period immediately preceding his transfer to the Retired
Reserve.
(b) Each member who is transferred to the Retired Reserve under
subsection (a) is entitled, when not on active duty, to retired pay at
the rate of 50 percent of the basic pay of the grade in which retired.
(c) This section applies only to persons who were members of the
Naval Reserve or the Marine Corps Reserve on January 1, 1953.
(d) This section terminates on January 1, 1973. However, its
termination will not affect any accrued rights to retired pay.
(e) A member who is eligible for retirement under this section, and
who is also eligible for retirement under another provision or for
transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under
section 6330 of this title, is entitled to elect which of these benefits
he is to receive.
(Aug. 10, 1956, ch. 1041, 70A Stat. 395; Aug. 1, 1958, Pub. L.
85-583, 1(1), 72 Stat. 480; Oct. 2, 1963, Pub. L. 88-132, 5(h)(5), 77
Stat. 214.)
In subsection (a) the word ''Federal'' is omitted and the words ''in
the armed forces, other than active duty for training'' are inserted.
The words ''active Federal service'' are not defined in 50 U.S.C. 1052.
Section 310 of the Naval Reserve Act of 1938, which 50 U.S.C. 1052
replaced, specifies active service in the ''Army, Navy, Marine Corps,
Coast Guard, Naval Auxiliary Service, Naval Reserve Force, Naval Militia
in Federal status, National Naval Volunteers, Naval Reserve, Marine
Corps Reserve Force, and Marine Corps Reserve.'' 50 U.S.C. 1052 was
intended to preserve the rights of persons who, on January 1, 1953, were
members of reserve components, so that they would not be prejudiced by
the repeal of 310 of the Naval Reserve Act of 1938 (U.S. Code
Congressional and Administrative News, 1952, p. 3584). To effect that
purpose, the service that was creditable under the 1938 Act must be
creditable under 50 U.S.C. 1052. The words ''active service in the armed
forces, other than active duty for training'' cover all creditable
service. The Judge Advocate General of the Navy, in an opinion dated
August 27, 1954 (JAG II:2:WGA:CA:mk), held that active duty for training
was not creditable under the 1938 Act and is, therefore, not creditable
under the 1952 Act.
1963 -- Subsec. (b). Pub. L. 88-132 substituted ''of the grade in
which retired'' for ''to which he would be entitled if on active duty''
after ''50 percent of the basic pay''.
1958 -- Subsec. (e). Pub. L. 85-583 entitled eligible members of
Naval Reserve or Marine Corps Reserve to elect to transfer to Fleet
Reserve or Fleet Marine Corps Reserve.
Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14
of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay
and Allowances of the Uniformed Services.
Regulations to carry out this section, see section 280 of this title.
10 USC ( 6328. Repealed. Pub. L. 99-348, title II, 203(b)(5), July 1,
1986, 100 Stat. 696)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 396; Sept. 24,
1983, Pub. L. 98-94, title IX, 923(c)(2), 97 Stat. 643, related to
treatment of fractions of years of service in computing retired pay.
10 USC 6329. Officers not to be retired for misconduct
TITLE 10 -- ARMED FORCES
No officer of the Navy or the Marine Corps may be retired because of
misconduct for which trial by court-martial would be appropriate.
(Aug. 10, 1956, ch. 1041, 70A Stat. 396.)
The words ''for which trial by court-martial would be appropriate''
are substituted for the words ''but he shall be brought to trial by
court-martial for such misconduct''. The peremptory command in the
source text is at variance with the theory of the Uniform Code of
Military Justice and conflicts with the provisions of articles 30, 32,
and 34. The substituted words are in accord with the interpretation
placed on R.S. 1456 in Denby v. Berry, 263 U.S. 29, 36 (Nov. 12, 1923).
10 USC 6330. Enlisted members: transfer to Fleet Reserve and Fleet
Marine Corps Reserve; retainer pay
TITLE 10 -- ARMED FORCES
(a) The Fleet Reserve and the Fleet Marine Corps Reserve are composed
of members of the naval service transferred thereto under this section.
(b) An enlisted member of the Regular Navy or the Naval Reserve who
has completed 20 or more years of active service in the armed forces
may, at his request, be transferred to the Fleet Reserve. An enlisted
member of the Regular Marine Corps or the Marine Corps Reserve who has
completed 20 or more years of active service in the armed forces may, at
his request, be transferred to the Fleet Marine Corps Reserve.
(c)(1) Each member who is transferred to the Fleet Reserve or the
Fleet Marine Corps Reserve under this section is entitled, when not on
active duty, to retainer pay computed under section 6333 of this title.
(2) A member may recompute his retainer pay under section 1402 or
1402a of this title, as appropriate, to reflect active duty after
transfer.
(3) If the member has been credited by the Secretary of the Navy with
extraordinary heroism in the line of duty, which determination by the
Secretary is final and conclusive for all purposes, his retainer pay
shall be increased by 10 percent.
(d)(1) For the purposes of subsection (c), each full month of service
that is in addition to the number of full years of service creditable to
a member is counted as one-twelfth of a year and any remaining
fractional part of a month is disregarded.
(2) In determining a member's eligibility for transfer to the Fleet
Reserve or the Fleet Marine Corps Reserve under subsection (b) --
(A) a completed minority enlistment of the member is counted as four
years of active service, if creditable to the member for such purpose
before December 31, 1977; and
(B) an enlistment of the member terminated within three months before
the end of the term of enlistment is counted as active service for the
full term, if creditable to the member for such purpose before December
31, 1977.
(3)(A) Subject to subparagraph (B), in determining a member's years
of active service for the computation of retainer pay under subsection
(c) --
(i) a completed minority enlistment of the member is counted as four
years of active service; and
(ii) an enlistment of the member terminated within three months
before the end of the term of enlistment is counted as active service
for the full term.
(B) In the case of a member who is transferred to the Fleet Reserve
or the Fleet Marine Corps Reserve under this section after December 30,
1977, service attributable under subparagraph (A) to time which, after
December 31, 1977, is not actually served by the member may not be
counted.
(Aug. 10, 1956, ch. 1041, 70A Stat. 396; Aug. 1, 1958, Pub. L.
85-583, 1(2), (3), 72 Stat. 480; Dec. 16, 1967, Pub. L. 90-207, 3(4),
81 Stat. 653; Sept. 8, 1980, Pub. L. 96-342, title VIII, 813(d)(5), 94
Stat. 1105; Dec. 12, 1980, Pub. L. 96-513, title V, 513(17), (19), 94
Stat. 2932; Sept. 24, 1983, Pub. L. 98-94, title IX, 923(c)(3), 97
Stat. 643; July 1, 1986, Pub. L. 99-348, title II, 203(b)(6), title
III, 305(a)(1), 100 Stat. 696, 704; Nov. 29, 1989, Pub. L. 101-189,
div. A, title VI, 652(a)(5), 103 Stat. 1461.)
In subsection (a) the words ''officers'' and ''assigned'' are
omitted, since they are applicable only to the proviso in 34 U.S.C.
854, which is recommended for repeal as obsolete. (See Table 2A.) The
words ''including (a) those former members of the Fleet Reserve who were
transferred * * * but before the expiration of three months following
discharge'', appearing in 803 of the Armed Forces Reserve Act of 1952,
66 Stat. 505 (34 U.S.C. 854 (note)) are omitted as surplusage. These
words merely illustrate the class of persons transferred to the Fleet
Reserve under the Naval Reserve Act of 1938, 52 Stat. 1178, as referred
to in the section from which these words were taken, and in no way limit
that class or impose a citizenship requirement for membership in it.
(See the opinion of the Judge Advocate General of the Navy,
JAG:II:1:JFG:imz of February 17, 1953.)
In subsection (b) reference to the date July 1, 1925, is omitted,
since members who were in the naval service on or before that date may,
if they are qualified and so elect, be transferred to the Fleet Reserve
or to the Fleet Marine Corps Reserve under 34 U.S.C. 854c instead of
under 34 U.S.C. 854b, as provided in the fifth proviso of 34 U.S.C.
854c. That proviso and the provisions of 34 U.S.C. 854b, which are
applicable only to persons who were in the naval service in 1925, are
not codified because they relate to a small closed class and are
therefore of limited interest. They are not repealed, however. (See
Table 2D.)
In subsections (b) and (c) the term ''active service in the armed
forces'' is substituted for the term ''active Federal service'' to
execute the definition in the last sentence of 34 U.S.C. 854c.
In subsection (c) the words ''is entitled, when not on active duty,
to retainer pay at the rate of 2 1/2 percent of the basic pay that he
received at the time of transfer'' are substituted for the words
''except when on active duty, shall be paid at the annual rate of 2 1/2
per centum of the annual base and longevity pay they are receiving at
the time of transfer'' to conform to the terminology of the Career
Compensation Act of 1949 (37 U.S.C. 231 et seq.).
Subsection (d) states the rule as to the method of counting minority
and short-term enlistments, in connection with determining active
service, in accordance with White v. United States, 97 F. Supp. 698.
1989 -- Subsec. (a). Pub. L. 101-189 substituted ''under this
section.'' for ''under --
''(1) Title II of the Naval Reserve Act of 1938 (52 Stat. 1178), as
amended; or
''(2) this section.''
1986 -- Subsec. (c)(1). Pub. L. 99-348, 203(b)(6)(A), substituted
provision that retainer pay be computed under section 6333 for provision
that retainer pay, in the case of a member who first became a member of
a uniformed service, as defined in section 1407(a)(2), before Sept. 8,
1980, be at the rate of 2 1/2 percent of the basic pay that he received
at the time of transfer or, in the case of a member who served as master
chief petty officer of the Navy or sergeant major of the Marine Corps,
of the highest basic pay to which he was entitled while so serving, if
that basic pay is higher than the basic pay received at the time of
transfer, or in the case of a member who first became a member of a
uniformed service, as defined in section 1407(a)(2), on or after Sept.
8, 1980, be at the rate of 2 1/2 percent of the monthly retainer pay
base computed under section 1407(d), which rates were to be multiplied
by the number of years of active service in the armed forces.
Subsec. (c)(4). Pub. L. 99-348, 203(b)(6)(B), struck out par. (4)
which provided that in no case could a member's retainer pay be more
than 75 percent of the basic pay or monthly retainer pay base upon which
computation of retainer pay was based.
Subsec. (d). Pub. L. 99-348, 305(a)(1), designated existing
provisions as par. (1), struck out provision that a completed minority
enlistment be counted as four years of active service and an enlistment
terminated within three months before the end of the term be counted as
active service for the full term, and added pars. (2) and (3).
1983 -- Subsec. (d). Pub. L. 98-94 substituted ''For the purposes of
subsection (c), each full month of service that is in addition to the
number of full years of service creditable to a member is counted as
one-twelfth of a year and any remaining fractional part of a month is
disregarded'' for ''For the purposes of subsections (b) and (c), a part
of a year that is six months or more is counted as a whole year and a
part of a year that is less than six months is disregarded''.
1980 -- Subsec. (c). Pub. L. 96-513 substituted ''September 8,
1980'' for ''the date of the enactment of the Department of Defense
Authorization Act, 1981'' wherever appearing, and ''master chief petty
officer'' for ''senior enlisted advisor''.
Pub. L. 96-342 amended subsec. (c) generally, designating existing
provisions as pars. (1) to (4) and, as so amended, in par. (1)
designated existing provisions as subpar. (A), as so designated,
inserted provision limiting applicability to persons who became members
of the uniformed services before the date of the enactment of the
Department of Defense Authorization Act, 1981, and added subpar. (B),
in par. (2) inserted reference to section 1402a of this title, and in
par. (4) added applicability to monthly retainer pay base.
1967 -- Subsec. (c). Pub. L. 90-207 inserted '', except that in the
case of a member who has served as senior enlisted advisor of the Navy
or sergeant major of the Marine Corps, retainer pay shall be computed on
the basis of the highest basic pay to which he was entitled while so
serving, if that basic pay is higher than the basic pay received at the
time of transfer'' after ''armed forces''.
1958 -- Subsec. (a). Pub. L. 85-583, 1(2), substituted ''naval
service'' for ''Regular Navy and the Regular Marine Corps,
respectively,''.
Subsec. (b). Pub. L. 85-583, 1(3), inserted ''or the Naval Reserve''
after ''Regular Navy'' and ''or the Marine Corps Reserve'' after
''Regular Marine Corps''.
Amendment by Pub. L. 98-94 applicable with respect to the
computation of retired or retainer pay of any individual who becomes
entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub.
L. 98-94, set out as a note under section 1174 of this title.
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. 90-207 effective Oct. 1, 1967, see section 7
of Pub. L. 90-207, set out as a note under section 203 of Title 37, Pay
and Allowances of the Uniformed Services.
For provisions authorizing the Secretary of the Navy, during the
period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this
section to an enlisted member of the Navy or Marine Corps with at least
15 but less than 20 years of service by substituting ''15 or more
years'' for ''20 or more years'' in the first sentence of subsection (a)
(probably should be (b)) of this section and in the second sentence of
subsec. (b) of this section, see section 4403 of Pub. L. 102-484, set
out as a note under section 1293 of this title.
Pub. L. 98-473, title I, 101(h)(title VIII, 8039), Oct. 12, 1984,
98 Stat. 1904, 1930, which limited the use of assets of the Department
of Defense Military Retirement Fund to pay the retainer pay of enlisted
members of the Regular Navy, the Naval Reserve, the Regular Marine
Corps, or the Marine Corps Reserve who were transferred to the Fleet
Reserve or the Fleet Marine Corps Reserve under this section on or after
Dec. 31, 1977, was repealed by Pub. L. 99-348, title III, 305(a)(2),
July 1, 1986, 100 Stat. 704. See section 6330(d)(2) and (3) of this
title.
to Retired List
Act July 24, 1956, ch. 683, 70 Stat. 626, provided: ''Upon
application by any former member of the Navy or Marine Corps --
''(1) who was discharged prior to August 10, 1946, under honorable
conditions, and
''(2) who, at the time of his discharge, had at least twenty years'
active Federal service,
the Secretary of the Navy shall appoint such former member in the
Fleet Reserve or Fleet Marine Corps Reserve, as may be appropriate, in
the rank held by him at the time of such discharge.
''Sec. 2. Each person appointed to the Fleet Reserve or Fleet Marine
Corps Reserve under the first section of this Act shall be transferred
to the appropriate retired list (1) on the first day of the first
calendar month beginning after such appointment, if his last discharge
occurred ten or more years prior to the date of such appointment, and
(2) in the case of individuals appointed under such section before the
expiration of ten years from their last discharge, on the first day of
the first calendar month, beginning after the expiration of ten years
from the date of such discharge.
''Sec. 3. Each former member transferred to a retired list under
clauses (1) and (2) of section 2 shall receive retired pay at the annual
rate of 2 1/2 per centum of the annual base and longevity pay he was
receiving at the time of his last discharge, multiplied by the number of
his years of active Federal service at such time (not to exceed thirty),
and adjusted to reflect the percentage increases made since such
discharge in the retired pay of persons retired from the Armed Forces
prior to October 12, 1949.
''Sec. 4. For the purposes of this Act, all active service in the
Army of the United States, the Navy, the Marine Corps, the Coast Guard,
or any component thereof, shall be deemed to be active Federal service.
''Sec. 5. No pay shall accrue to the benefit of any person appointed
under the provisions of this Act prior to the date such person is
actually appointed under the provisions of this Act and in no event
prior to the first day of the first month following enactment of this
Act (July 24, 1956).''
10 USC 6331. Members of the Fleet Reserve and Fleet Marine Corps
Reserve: transfer to the retired list; retired pay
TITLE 10 -- ARMED FORCES
(a) When he has completed 30 years of service, or when he is found
not physically qualified in an examination under section 6485 of this
title, a member of the Fleet Reserve or the Fleet Marine Corps Reserve
shall be transferred --
(1) to the retired list of the Regular Navy or the Regular Marine
Corps, as appropriate, if he was a member of the Regular Navy or the
Regular Marine Corps at the time of his transfer to the Fleet Reserve or
the Fleet Marine Corps Reserve; or
(2) to the appropriate Retired Reserve, if he was a member of the
Naval Reserve or the Marine Corps Reserve at the time of his transfer to
the Fleet Reserve or the Fleet Marine Corps Reserve.
(b) For the purpose of subsection (a), a member's years of service
are computed by adding --
(1) the years of service credited to him upon his transfer to the
Fleet Reserve or the Fleet Marine Corps Reserve;
(2) his years of active and inactive service in the armed forces
before his transfer to the Fleet Reserve or the Fleet Marine Corps
Reserve not credited to him upon that transfer; and
(3) his years of service, active and inactive, in the Fleet Reserve
or the Fleet Marine Corps Reserve.
(c) Unless otherwise entitled to higher pay, each member transferred
to the retired list or the Retired Reserve under this section is
entitled to retired pay at the same rate as the retainer pay to which he
was entitled at the time of his transfer to the retired list or the
Retired Reserve.
(Aug. 10, 1956, ch. 1041, 70A Stat. 397; Aug. 1, 1958, Pub. L.
85-583, 1(4-6), 72 Stat. 480.)
In subsection (a) the words ''transferred * * * in accordance with
the provisions of this section and of sections 853 and 854b of this
title'', in the fourth proviso of 34 U.S.C. 854c, and the words
''transferred after sixteen years' or more service in the Regular
Navy'', and ''men coming under the cognizance of sections 853 and 854b
of this title'', in the second proviso of 34 U.S.C. 854e, are omitted as
surplusage since the classes designated by these phrases comprise all
members of the Fleet Reserve and Fleet Marine Corps Reserve.
Subsection (b) is worded so as to cover all members of the Fleet
Reserve and the Fleet Marine Corps Reserve regardless of the law under
which they attained that status. A member transferring under 34 U.S.C.
854b may count only active naval service in computing the service
required for that transfer, but in determining his eligibility for
retirement he may add to his active naval service all previous active or
inactive service in the Army, Navy, Marine Corps, Air Force, or Coast
Guard, and his time in the Fleet Reserve. A member transferring to the
Fleet Reserve under 34 U.S.C. 854c may count active service in any armed
force toward that transfer, and he determines his eligibility for
retirement by adding to the service credited to him at the time of
transfer any previous inactive service in the armed forces and his time
in the Fleet Reserve. As to the latter member the words ''active
service'' in clause (2) are superfluous, since such service would have
been credited to him upon his transfer to the Fleet Reserve, but they
are needed in the case of a member transferred under 34 U.S.C. 854b.
In subsection (c) references to the ''allowances to which enlisted
men of the Navy are entitled on retirement after thirty years'
service'', in the second and fourth provisos of 34 U.S.C. 854e, are
omitted because of the repeal, by 19 of the Pay Readjustment Act of
1942, 56 Stat. 369, of the laws authorizing such allowances.
1958 -- Subsec. (a). Pub. L. 85-583, 1(4), provided for the
transfer to the appropriate Retired Reserve of those members of the
Fleet Reserve or the Fleet Marine Corps Reserve who had transferred
thereto from the Naval Reserve or the Marine Corps Reserve.
Subsec. (b). Pub. L. 85-583, 1(5), struck out ''of clause (2)''.
Subsec. (c). Pub. L. 85-583, 1(6), inserted ''or the Retired
Reserve'' after ''retired list'' wherever appearing.
10 USC 6332. Conclusiveness of transfers
TITLE 10 -- ARMED FORCES
When a member of the naval service is transferred by the Secretary of
the Navy --
(1) to the Fleet Reserve;
(2) to the Fleet Marine Corps Reserve;
(3) from the Fleet Reserve to the retired list of the Regular Navy or
the Retired Reserve; or
(4) from the Fleet Marine Corps Reserve to the retired list of the
Regular Marine Corps or the Retired Reserve;
the transfer is conclusive for all purposes. Each member so
transferred is entitled, when not on active duty, to retainer pay or
retired pay from the date of transfer in accordance with his grade and
number of years of creditable service as determined by the Secretary.
The Secretary may correct any error or omission in his determination as
to a member's grade and years of creditable service. When such a
correction is made, the member is entitled, when not on active duty, to
retainer pay or retired pay in accordance with his grade and number of
years of creditable service, as corrected, from the date of transfer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 397; Aug. 1, 1958, Pub. L.
85-583, 1(7), 72 Stat. 480; Sept. 2, 1958, Pub. L. 85-861, 33(a)(33),
72 Stat. 1566.)
The words ''when not on active duty, to retainer pay or retired pay''
are substituted for the words ''pay and allowances''. The pay and
allowances of a member on active duty are covered by the Career
Compensation Act of 1949 (37 U.S.C. 231 et seq.). When not on active
duty a member of the Fleet Reserve receives retainer pay and a retired
member receives retired pay without allowances, the provision for
allowances for retired members having been repealed as pointed out in
the note on the preceding section. In the last sentence the words
''from the date of transfer'' are added to make it clear that a
correction is retroactive to that date. The Court of Claims has so held
(Dugan v. United States (1943), 100 Ct. Cl. 7).
1958 -- Pub. L. 85-861 substituted ''to retainer pay or retired pay
in accordance'' for ''to retain pay or retired pay in accordance''.
Pub. L. 85-583 inserted ''or the Retired Reserve'' after ''Navy'' in
cl. (3) and after ''Marine Corps'' in cl. (4).
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 6333. Computation of retired and retainer pay
TITLE 10 -- ARMED FORCES
(a) The monthly retired pay or retainer pay of a member entitled to
such pay under this chapter or under section 6383 of this title is
computed in accordance with the following table.
(b)(1) Retired pay or retainer pay computed under this section, if
not a multiple of $1, shall be rounded to the next lower multiple of $1.
(2) References in the table in subsection (a) are to sections of this
title.
(Added Pub. L. 98-94, title IX, 922(a)(10)(A), Sept. 24, 1983, 97
Stat. 641; amended Pub. L. 99-348, title II, 203(a), July 1, 1986, 100
Stat. 695.)
1986 -- Pub. L. 99-348 amended section generally, designating
existing provision as subsec. (b)(1), substituting ''under this
section'' for ''under this chapter'', and adding subsecs. (a) and
(b)(2).
Section effective Oct. 1, 1983, see section 922(e) of Pub. L.
98-94, set out as an Effective Date of 1983 Amendment note under section
1401 of this title.
10 USC 6334. Higher grade after 30 years of service: warrant officers
and enlisted members
TITLE 10 -- ARMED FORCES
(a) Each member of the naval service covered by subsection (b) who,
after December 4, 1987, is retired with less than 30 years of active
service or is transferred to the Fleet Reserve or Fleet Marine Corps
Reserve is entitled, when his active service plus his service on the
retired list or his service in the Fleet Reserve or the Fleet Marine
Corps Reserve totals 30 years, to be advanced on the retired list to the
highest grade in which he served on active duty satisfactorily, as
determined by the Secretary of the Navy.
(b) This section applies to --
(1) warrant officers of the naval service;
(2) enlisted members of the Regular Navy and Regular Marine Corps;
and
(3) reserve enlisted members of the Navy and Marine Corps who, at the
time of retirement or transfer to the Fleet Reserve or Fleet Marine
Corps Reserve, are serving on active duty.
(c) An enlisted member of the naval service who is advanced on the
retired list under this section is entitled to recompute his retired or
retainer pay under formula A of the following table, and a warrant
officer of the naval service so advanced is entitled to recompute his
retired pay under formula B of that table. The amount recomputed, if
not a multiple of $1, shall be rounded to the next lower multiple of $1.
(Added Pub. L. 100-180, div. A, title V, 512(b), Dec. 4, 1987, 101
Stat. 1089; amended Pub. L. 101-189, div. A, title XVI, 1622(g), Nov.
29, 1989, 103 Stat. 1605.)
1989 -- Subsec. (a). Pub. L. 101-189 substituted ''December 4,
1987'' for ''the date of the enactment of this section''.
10 USC 6335. Restoration to former grade: warrant officers and
enlisted members
TITLE 10 -- ARMED FORCES
Each retired warrant officer or enlisted member of the naval service
who has been advanced on the retired list to a higher commissioned grade
under section 6334 of this title, and who applies to the Secretary of
the Navy within three months after his advancement, shall, if the
Secretary approves, be restored on the retired list to his former
warrant officer or enlisted status, as the case may be.
(Added Pub. L. 100-180, div. A, title V, 512(b), Dec. 4, 1987, 101
Stat. 1090.)
10 USC CHAPTER 573 -- INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH
TITLE 10 -- ARMED FORCES
Sec.
(6371 to 6382. Repealed.)
6383. Regular Navy and Regular Marine Corps; officers designated
for limited duty: retirement for length of service or failures of
selection for promotion; discharge for failures of selection for
promotion; reversion to prior status; retired grade; retired pay.
(6384 to 6388. Repealed.)
6389. Naval Reserve and Marine Corps Reserve; officers;
elimination from active status; computation of total commissioned
service.
(6390. Repealed.)
6391. Naval Reserve and Marine Corps Reserve; officers: retirement
at age 62.
6392. Retention in active status of certain officers.
(6393 to 6396. Repealed.)
6397. Naval Reserves; officers in the Nurse Corps: elimination
from active status.
(6398 to 6402. Repealed.)
6403. Naval Reserve and Marine Corps Reserve; women officers:
elimination from active status.
6404. Treatment of fractions of years of service in computing
retired pay and separation pay.
(6405 to 6407. Repealed.)
6408. Navy and Marine Corps; warrant officers, W-1: limitation on
dismissal.
(6409. Repealed.)
6410. Naval Reserve and Marine Corps Reserve; officers:
elimination from active status to provide a flow of promotion.
1987 -- Pub. L. 100-180, div. A, title VII, 717(b)(2), Dec. 4,
1987, 101 Stat. 1114, added item 6392.
1980 -- Pub. L. 96-513, title V, 503(48), Dec. 12, 1980, 94 Stat.
2915, struck out items 6371 ''Regular Navy; line rear admirals not
restricted in performance of duty; continuation on active list;
retirement'', 6372 ''Regular Navy; line rear admirals restricted in
performance of duty and staff corps rear admirals: retention on active
list; retirement'', 6373 ''Regular Marine Corps; major generals:
retention on active list; retirement'', 6374 ''Regular Marine Corps:
brigadier generals: retirement for failures of selection for
promotion'', 6376 ''Regular Navy, line captains not restricted in
performance of duty; Regular Marine Corps, colonels: retirement for
length of service'', 6377 ''Regular Navy, line captains restricted in
performance of duty, staff corps captains, and Nurse Corps commanders;
Regular Marine Corps, colonels designated for supply duty; retirement
for length of service'', 6378 ''Regular Navy, line captains restricted
in performance of duty, staff corps captains, and Nurse Corps
commanders: continuation on active list; retirement'', 6379 ''Regular
Navy, commanders; Regular Marine Corps. lieutenant colonels:
retirement for length of service and failures of selection for
promotion'', 6380 ''Regular Navy, lieutenant commanders; Regular Marine
Corps, majors: retirement for length of service and failures of
selection for promotion'', 6381 ''Officers retired under preceding
sections; retired grade and pay; general rule'', and 6382 ''Regular
Navy, lieutenants and lieutenants (junior grade); Regular Marine Corps,
captains and first lieutenants: discharge for failures of selection for
promotion; severance pay'', substituted ''retired pay'' for ''retired
or severance pay'' in item 6383, struck out items 6384 ''Regular Navy
and Regular Marine Corps; officers having less than 20 years of
service: discharge for unsatisfactory performance of duty; severance
pay; reversion of limited duty officers to prior status'', 6385
''Officers appointed under sections 5231, 5232, 5787, or 5787d of this
title; grade for purpose of preceding sections'', 6386 ''Suspension:
preceding sections'', 6387 ''Regular Navy, male line officers: Regular
Marine Corps, male officers: computation of total commissioned
service'', 6388 ''Regular Navy; certain staff corps officers:
computation of total commissioned service'', 6390 ''Regular Navy and
Regular Marine Corps; officers: retirement at age 62'', 6392 ''Regular
Navy and Regular Marine Corps, officers having less than three years of
service: revocation of appointments; reversion of certain officers to
prior status'', 6393 ''Regular Navy and Regular Marine Corps; women
officers: termination of appointments'', 6394 ''Regular Navy, rear
admirals and commodores; Regular Marine Corps, major generals and
brigadier generals: retirement on recommendation of board'', 6395
''Regular Navy and Regular Marine Corps; officers having less than 20
years of service: discharge during war or emergency for unsatisfactory
performance of duty'', 6396 ''Regular Navy; officers in Nurse Corps in
grades below commander: retirement or discharge'', 6398 ''Regular Navy;
women captains and commanders; Regular Marine Corps; women colonels
and lieutenant colonels: retirement for length of service: retired
grade and pay'', 6400 ''Regular Navy, women lieutenant commanders;
Regular Marine Corps, women majors: retirement for length of service;
retired grade and pay'', 6401 ''Regular Navy, women lieutenants;
Regular Marine Corps, women captains: discharge for length of service;
severance pay'', and 6402 ''Regular Navy, women lieutenants (junior
grade); Regular Marine Corps, women first lieutenants: discharge for
length of service; severance pay'', substituted ''separation pay'' for
''severance pay'' in item 6404, and struck out item 6407 ''Communication
with selection board''.
1978 -- Pub. L. 95-377, 8(d), Sept. 19, 1978, 92 Stat. 721,
inserted reference to section 5787d in item 6385.
1970 -- Pub. L. 91-482, 2E, Oct. 21, 1970, 84 Stat. 1082, struck
out item 6406 ''Regular Navy and Regular Marine Corps; officers:
furlough; furlough pay''.
1968 -- Pub. L. 90-235, 3(b)(5), 4(a)(13), Jan. 2, 1968, 81 Stat.
758, 760, struck out item 6405 ''Effect of acceptance of appointment in
Foreign Service'', and item 6409 ''Navy and Marine Corps; warrant
officers: suspension of laws for mandatory retirement and separation
during war or emergency''.
1967 -- Pub. L. 90-130, 1(24)(B), (G), (H), Nov. 8, 1967, 81 Stat.
380, 382 struck out ''or for age'' after ''length of service'' in item
6377, substituted ''officers in Nurse Corps in grades below commander:
retirement or discharge'' for ''officers in Nurse Corps: retirement for
age or length of service; retired grade and pay'' in item 6396,
substituted ''Regular Navy; women captains and commanders; Regular
Marine Corps; women colonels and lieutenant colonels: retirement for
length of service; retired grade and pay'' for ''Regular Navy, women
commanders; Regular Marine Corps, women lieutenant colonels:
retirement for age of length or service; retired grade and pay'' in
item 6398, and eliminated item 6399 which read: ''Regular Navy, women
lieutenant commanders and below; Regular Marine Corps, women majors and
below: retirement at age 50; retired grade and pay''.
1961 -- Pub. L. 87-123, 5(30), Aug. 3, 1961, 75 Stat. 267, struck
out ''not restricted in performance of duty'' after ''brigadier
generals'' and ''colonels'' in items 6374 and 6376, respectively, '';
Regular Marine Corps, colonels designated for supply duty'' after
''Nurse Corps commanders;'' in items 6377 and 6378, and struck out item
6375 ''Regular Marine Corps; brigadier generals designated for supply
duty: retention on active list; retirement''.
1958 -- Pub. L. 85-861, 1(144)(G), Sept. 2, 1958, 72 Stat. 1512,
added items 6389, 6391, 6397, 6403, 6410.
1957 -- Pub. L. 85-155, title II, 201(14), Aug. 21, 1957, 71 Stat.
383, included Nurse Corps commanders and retirement for age in item
6377, and included Nurse Corps commanders in item 6378.
10 USC ( 6371 to 6374. Repealed. Pub. L. 96-513, title III, 335, Dec.
12, 1980, 94 Stat. 2898)
TITLE 10 -- ARMED FORCES
Section 6371, act Aug. 10, 1956, ch. 1041, 70A Stat. 399, related
to consideration for continuation on active list of Regular Navy line
rear admirals not restricted in performance of duty. See section 637 of
this title.
Section 6372, act Aug. 10, 1956, ch. 1041, 70A Stat. 400, related
to retirement and possible retention on active list of line rear
admirals restricted in performance of duty and staff corps rear admirals
in Regular Navy. See section 637 of this title.
Section 6373, act Aug. 10, 1956, ch. 1041, 70A Stat. 400, related
to retirement and possible retention on active list of major generals in
Regular Marine Corps. See section 637 of this title.
Section 6374, acts Aug. 10, 1956, ch. 1041, 70A Stat. 401; Aug.
3, 1961, Pub. L. 87-123, 5(25), 75 Stat. 266, related to retirement
for failures of selection for promotion of brigadier generals in Regular
Marine Corps.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 6375. Repealed. Pub. L. 87-123, 5(26), Aug. 3, 1961, 75
Stat. 266)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 401, provided for
retirement of Marine Corps brigadier generals designated for supply duty
after specified years of service, their retention on active list with
board approval and computation of their years of service in grade.
10 USC ( 6376 to 6382. Repealed. Pub. L. 96-513, title III, 335, Dec.
12, 1980, 94 Stat. 2898)
TITLE 10 -- ARMED FORCES
Section 6376, acts Aug. 10, 1956, ch. 1041, 70A Stat. 402; Aug.
3, 1961, Pub. L. 87-123, 5(27), 75 Stat. 266; Nov. 8, 1967, Pub. L.
90-130, 1(24)(A), 81 Stat. 380, related to retirement for length of
service of Regular Navy line captains not restricted in performance duty
and Regular Marine Corps colonels. See section 634 of this title.
Section 6377, acts Aug. 10, 1956, ch. 1041, 70A Stat. 402; Aug.
21, 1957, Pub. L. 85-155, title II, 201(15), 71 Stat. 384; Aug. 3,
1961, Pub. L. 87-123, 5(28), 75 Stat. 266; Sept. 30, 1966, Pub. L.
89-609, 1(16), (17), 80 Stat. 853; Nov. 8, 1967, Pub. L. 90-130,
1(24)(B), (C), 81 Stat. 380, related to retirement for length of
service of Regular Navy line captains restricted in performance of duty,
staff corps captains, and Nurse Corps commanders. See sections 633 and
634 of this title.
Section 6378, acts Aug. 10, 1956, ch. 1041, 70A Stat. 403; Aug.
21, 1957, Pub. L. 85-155, title II, 201(16), 71 Stat. 384; Aug. 3,
1961, Pub. L. 87-123, 5(29), 75 Stat. 267; Dec. 8, 1967, Pub. L.
90-179, 12, 81 Stat. 549, related to consideration for continuation on
active list of Regular Navy line captains restricted in performance of
duty, staff corps captains, and Nurse Corps commanders. See section 637
of this title.
Section 6379, acts Aug. 10, 1956, ch. 1041, 70A Stat. 404; Aug.
21, 1957, Pub. L. 85-155, title II, 201(17), 71 Stat. 384; Nov. 8,
1967, Pub. L. 90-130, 1(24)(D), 81 Stat. 380, related to retirement
for length of service and for failures of selection for promotion of
Regular Navy commanders and Regular Marine Corps lieutenant colonels.
See section 633 of this title.
Section 6380, acts Aug. 10, 1956, ch. 1041, 70A Stat. 404, related
to retirement for length of service and for failures of selection for
promotion of Regular Navy lieutenant commanders and Regular Marine Corps
majors. See section 632 of this title.
Section 6381, acts Aug. 10, 1956, ch. 1041, 70A Stat. 404; Aug.
21, 1957, Pub. L. 85-155, title II, 201(18), 71 Stat. 384; May 20,
1958, Pub. L. 85-422, 11(a)(6)(C), 71 Stat. 131; Oct. 2, 1963, Pub.
L. 88-132, 5(h)(4), 77 Stat. 214; Sept. 8, 1980, Pub. L. 96-342,
title VIII, 813(d)(6), 94 Stat. 1106, related to retirement grade and
pay of officers retired under former sections 6371 to 6380 of this
title. See section 642 of this title.
Section 6382, acts Aug. 10, 1956, ch. 1041, 70A Stat. 405; Aug.
21, 1957, Pub. L. 85-155, title II, 201(19), 71 Stat. 384; July 12,
1960, Pub. L. 86-616, 5(1), 74 Stat. 390; June 28, 1962, Pub. L.
87-509; 4(b), 76 Stat. 121, related to discharge for failures of
selection for promotion of Regular Navy lieutenant and lieutenants
(junior grade) and Regular Marine Corps captains and first lieutenants.
See section 631 and section 632 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 6383. Regular Navy and Regular Marine Corps; officers
designated for limited duty: retirement for length of service or
failures of selection for promotion; discharge for failures of
selection for promotion; reversion to prior status; retired grade;
retired pay
TITLE 10 -- ARMED FORCES
(a)(1) Except as provided in subsection (i), each regular officer of
the Navy who is an officer designated for limited duty and who is
serving in a grade below the grade of commander and each regular officer
of the Marine Corps who is an officer designated for limited duty shall
be retired on the last day of the month following the month in which he
completes 30 years of active naval service, exclusive of active duty for
training in a reserve component.
(2) Except as provided in subsection (i), each regular officer of the
Navy designated for limited duty who is serving in the grade of
commander, has failed of selection for promotion to the grade of captain
for the second time, and is not on a list of officers recommended for
promotion to the grade of captain shall --
(A) if eligible for retirement as a commissioned officer under any
provision of law, be retired under that provision of law on the date
requested by the officer and approved by the Secretary of the Navy,
except that the date of retirement may not be later than the first day
of the seventh month beginning after the month in which the President
approves the report of the selection board in which the officer is
considered as having failed for promotion to the grade of captain for a
second time; or
(B) if not eligible for retirement as a commissioned officer, be
retired on the date requested by the officer and approved by the
Secretary of the Navy after the officer becomes eligible for retirement
as a commissioned officer, except that the date of retirement may not be
later than the first day of the seventh calendar month beginning after
the month in which the officer becomes eligible for retirement as a
commissioned officer.
(3) Except as provided in subsection (i), if not retired earlier, a
regular officer of the Navy designated for limited duty who is serving
in the grade of commander and is not on a list of officers recommended
for promotion to the grade of captain shall be retired on the last day
of the month following the month in which the officer completes 35 years
of active naval service, exclusive of active duty for training in a
reserve component.
(4) Except as provided in subsection (i), each regular officer of the
Navy designated for limited duty who is serving in the grade of captain
shall, if not retired sooner, be retired on the last day of the month
following the month in which the officer completes 38 years of active
naval service, exclusive of active duty for training in a reserve
component.
(5) Paragraphs (2) through (4) shall be effective only during the
period beginning on July 1, 1993, and ending on October 1, 1995.
(b) Except as provided in subsection (i), each regular officer on the
active-duty list of the Navy serving in the grade of lieutenant
commander who is an officer designated for limited duty, and each
regular officer on the active-duty list of the Marine Corps serving in
the grade of major who is an officer designated for limited duty, who is
considered as having failed of selection for promotion to the grade of
commander or lieutenant colonel, respectively, for the second time and
whose name is not on a promotion list shall be retired, if eligible to
retire, or be discharged on the date requested by the officer and
approved by the Secretary of the Navy, but not later than the first day
of the seventh calendar month beginning after the month in which the
President approves the report of the selection board in which the
officer is considered as having failed of selection for promotion to the
grade of commander or lieutenant colonel for the second time.
(c) Each officer retired under subsection (a) or (b) --
(1) unless otherwise entitled to a higher grade, shall be retired in
the grade determined under section 1370 of this title; and
(2) is entitled to retired pay computed under section 6333 of this
title.
(d) Except as provided in subsection (i), each regular officer on the
active-duty list of the Navy serving in the grade of lieutenant who is
an officer designated for limited duty, and each regular officer on the
active duty list of the Marine Corps serving in the grade of captain who
is an officer designated for limited duty, who is considered as having
failed of selection for promotion to the grade of lieutenant commander
or major for the second time and whose name is not on a list of officers
recommended for promotion shall be honorably discharged on the date
requested by the officer and approved by the Secretary of the Navy, but
not later than the first day of the seventh calendar month beginning
after the month in which the President approves the report of the
selection board in which the officer is considered as having failed of
selection for promotion to the grade of lieutenant commander or major
for the second time.
(e)(1) Each regular officer on the active-duty list of the Navy
serving in the grade of lieutenant (junior grade) who is an officer
designated for limited duty, and each regular officer on the active-duty
list of the Marine Corps serving in the grade of first lieutenant who is
an officer designated for limited duty, who is considered as having
failed of selection for promotion to 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) for the second time shall be honorably discharged on
the date requested by the officer and approved by the Secretary of the
Navy, but not later than the first day of the seventh calendar month
beginning after the month in which the President approves the report of
the selection board in which the officer is considered as having failed
of selection for promotion to the grade of lieutenant or captain,
respectively, for the second time.
(2) Each regular officer on the active-duty list of the Navy serving
in the grade of ensign who is an officer designated for limited duty,
and each regular officer on the active-duty list of the Marine Corps
serving in the grade of second lieutenant who is an officer designated
for limited duty, who is found not qualified for promotion to the grade
of lieutenant (junior grade) (in the case of an officer of the Navy) or
first lieutenant (in the case of an officer of the Marine Corps) shall
be honorably discharged on the date requested by the officer and
approved by the Secretary of the Navy, but not later than the first day
of the seventh calendar month beginning after the month in which the
officer was found not qualified for promotion.
(f) If any officer subject to discharge under subsection (d) or (e)
had the permanent status of a warrant officer when first appointed as an
officer designated for limited duty, he has the option, instead of being
discharged, of reverting to the grade and status he would hold if he had
not been so appointed. If any such officer had a permanent grade below
the grade of warrant officer, W-1, when first so appointed, he has the
option, instead of being discharged, of reverting to the grade and
status he would hold if he had not been so appointed but had instead
been appointed a warrant officer, W-1.
(g) In any computation to determine the grade and status to which an
officer may revert under this section, all active service as an officer
designated for limited duty or as a temporary or reserve officer is
included.
(h) An officer discharged under this section is entitled, if eligible
therefor, to separation pay under section 1174(a)(1) of this title.
(i) Under such regulations as he may prescribe, whenever the needs of
the service require, the Secretary of the Navy may defer the retirement
under subsection (a) or (b) or the discharge under subsection (d) of any
officer designated for limited duty upon recommendation of a board of
officers convened under section 611(b) of this title and with the
consent of the officer concerned. An officer whose retirement is
deferred under this subsection and who is not subsequently promoted may
not be continued on active duty beyond 20 years active commissioned
service, if in the grade of lieutenant or captain, beyond 24 years
active commissioned service, if in the grade of lieutenant commander or
major, or beyond 28 years active commissioned service, if in the grade
of lieutenant colonel, or beyond age 62, whichever is earlier. During
the period beginning on July 1, 1993, and ending on October 1, 1995, an
officer of the Navy in the grade of commander or captain whose
retirement is deferred under this subsection and who is not subsequently
promoted may not be continued on active duty beyond age 62 or, if
earlier, 28 years of active commissioned service if in the grade of
commander or 30 years of active commissioned service if in the grade of
captain.
(j) This section does not apply to officers designated for limited
duty under section 5596 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 405; May 20, 1958, Pub. L.
85-422, 11(a)(6)(D), 72 Stat. 131; July 12, 1960, Pub. L. 86-616,
5(2), 74 Stat. 390; June 28, 1962, Pub. L. 87-509, 4(b), 76 Stat.
121; Oct. 2, 1963, Pub. L. 88-132, 5(h)(4), 77 Stat. 214; Sept. 8,
1980, Pub. L. 96-342, title VIII, 813(d)(7), 94 Stat. 1106; Dec. 12,
1980, Pub. L. 96-513, title III, 336, title V, 513(17), 94 Stat.
2898, 2932; Sept. 24, 1983, Pub. L. 98-94, title IX, 922(a)(11), 97
Stat. 642; Oct. 19, 1984, Pub. L. 98-525, title V, 529(c), 98 Stat.
2526; July 1, 1986, Pub. L. 99-348, title II, 203(b)(7), 100 Stat.
696; Nov. 5, 1990, Pub. L. 101-510, div. A, title V, 501(f)(2), 104
Stat. 1551; Oct. 23, 1992, Pub. L. 102-484, div. A, title V, 504(c),
(d), 106 Stat. 2403, 2404.)
In subsection (a) the words ''if not otherwise retired pursuant to
law'' are omitted as surplusage.
In subsection (c) the pay provisions are worded so as to conform to
the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231
et seq.).
The second proviso in 312(g) of the Officer Personnel Act of 1947
(34 U.S.C. 410j(g)), relating to the retired pay of officers
commissioned in the Regular Navy under the Act of April 18, 1946, ch.
141, as amended (34 U.S.C. 15), and officers commissioned in the Regular
Navy while serving on active duty as officers of the Naval Reserve, is
not codified in this section because it is inapplicable to officers
designated for limited duty. The only authority to appoint limited duty
officers is 404(a) of the Officer Personnel Act of 1947 (34 U.S.C.
211c(a)). Naval Reserve officers are not eligible for such appointments.
Hence there can be no limited duty officers in the categories mentioned
in the proviso.
In subsection (f) the words ''to which he would otherwise become
entitled'' are omitted as surplusage and the words ''based on the
service for which he has received payment'' are substituted for the
words ''attributable to the active service in respect of which lump-sum
payment shall have been made to him''.
The second proviso in 312(f) of the Officer Personnel Act of 1947
(34 U.S.C. 410j(f)), which provides that officers who exercise their
option to revert to a warrant officer grade shall be retired upon
completing 30 years of active naval service, is omitted as superseded by
14(b)(2) of the Warrant Officer Act of 1954 (34 U.S.C. 430(b)(2)),
codified in 1305 of this title.
1992 -- Subsec. (a). Pub. L. 102-484, 504(c), designated existing
provisions as par. (1) and added pars. (2) to (5).
Subsec. (i). Pub. L. 102-484, 504(d), inserted at end ''During the
period beginning on July 1, 1993, and ending on October 1, 1995, an
officer of the Navy in the grade of commander or captain whose
retirement is deferred under this subsection and who is not subsequently
promoted may not be continued on active duty beyond age 62 or, if
earlier, 28 years of active commissioned service if in the grade of
commander or 30 years of active commissioned service if in the grade of
captain.''
1990 -- Subsec. (h). Pub. L. 101-510 substituted ''section
1174(a)(1)'' for ''section 1174(a)''.
1986 -- Subsec. (c)(2). Pub. L. 99-348, 203(b)(7)(A), substituted
provision that retired pay be computed under section 6333 for provision
that retired pay, in the case of an officer who first became a member of
a uniformed service, as defined in section 1407(a)(2), before Sept. 8,
1980, be at the rate of 2 1/2 percent of the basic pay to which he would
have been entitled if serving on active duty in the grade in which he
retired, or in the case of an officer who first became a member of a
uniformed service, as defined in section 1407(a)(2), on or after Sept.
8, 1980, be at the rate of 2 1/2 percent of the monthly retired pay base
computed under section 1407(d), which rates were to be multiplied by the
number of years of service credited under section 1405, but such retired
pay was not to be more than 75 percent of the basic pay or monthly
retired pay base upon which the computation of retired pay was based.
Subsec. (k). Pub. L. 99-348, 203(b)(7)(B), struck out subsec. (k)
which provided that retired pay computed under subsec. (c), if not a
multiple of $1, was to be rounded to the next lower multiple of $1.
1984 -- Subsec. (a). Pub. L. 98-525, 529(c)(1), substituted ''each
regular officer of the Navy who is an officer designated for limited
duty and who is serving in a grade below the grade of commander and each
regular officer of the Marine Corps who is an officer'' for ''each
regular officer of the Navy or Marine Corps''.
Subsec. (d). Pub. L. 98-525, 529(c)(2), substituted ''Except as
provided in subsection (i), each'' for ''Each''.
Subsec. (i). Pub. L. 98-525, 529(c)(3), inserted ''or the discharge
under subsection (d)'' after ''the retirement under subsection (a) or
(b)'' and substituted ''An officer whose retirement is deferred under
this subsection and who is not subsequently promoted may not be
continued on active duty beyond 20 years active commissioned service, if
in the grade of lieutenant or captain, beyond 24 years active
commissioned service, if in the grade of lieutenant commander or major,
or beyond 28 years active commissioned service, if in the grade of
lieutenant colonel, or beyond age 62, whichever is earlier'' for ''An
officer whose retirement is deferred under this subsection and who is
not subsequently promoted may not be continued on active duty beyond 24
years active commissioned service, if in the grade of lieutenant
commander or major or 28 years active commissioned service, if in the
grade of commander or lieutenant colonel, or beyond age 62, whichever is
earlier''.
1983 -- Subsec. (k). Pub. L. 98-94 added subsec. (k).
1980 -- Pub. L. 96-513, 336(i), struck out ''or severance'' before
''pay'' in section catchline.
Subsec. (a). Pub. L. 96-513, 336(a), substituted ''Except as
provided in subsection (i), each regular officer of the Navy or Marine
Corps designated for limited duty'' for ''Each officer designated for
limited duty on the active list of the Navy or Marine Corps''.
Subsec. (b). Pub. L. 96-513, 336(b), authorized the discharge of
certain officers considered as having failed of selection for promotion
and provided that in cases of retirement such retirements were to occur
on a date requested by the officer concerned and approved by the
Secretary of the Navy but not later than the first day of the seventh
calendar month beginning after the month in which the President approved
the report of the selection board rather than on June 30th of the fiscal
year in which such officer was considered as having failed of selection.
Subsec. (c)(1). Pub. L. 96-513, 336(c), substituted ''determined
under section 1370 of this title'' for ''in which he was serving at the
time of retirement''.
Subsec. (c)(2). Pub. L. 96-513, 513(17), substituted ''September 8,
1980'' for ''the date of the enactment of the Department of Defense
Authorization Act, 1981'' wherever appearing.
Pub. L. 96-342, designated existing provisions as subpar. (A),
inserted provision limiting applicability to officers who became members
of the uniformed services before the date of the enactment of the
Department of Defense Authorization Act, 1981, and added subpar. (B).
Subsec. (d). Pub. L. 96-513, 336(d), provided that Navy lieutenants
designated for limited duty and Marine Corps captains similarly
designated who were considered as having failed of selection for
promotion were to be honorably discharged on a date requested by the
officer concerned and approved by the Secretary of the Navy but not
later than the first day of the seventh calendar month beginning after
the month in which the President approved the report of the selection
board rather than on June 30th of the fiscal year in which he was
considered as having failed of selection.
Subsec. (e). Pub. L. 96-513, 336(d), designated existing provisions
as par. (1), provided that Navy lieutenants (junior grade) designated
for limited duty and Marine Corps first lieutenants similarly designated
who were considered as having failed of selection for promotion were to
be honorably discharged on a date requested by the officer concerned and
approved by the Secretary of the Navy but not later than the first day
of the seventh calendar month beginning after the month in which the
President approved the report of the selection board rather than on June
30th of the fiscal year in which he was considered as having failed of
selection, and added par. (2).
Subsec. (f). Pub. L. 96-513, 336(e), (f), redesignated subsec. (g)
as (f), substituted ''discharge under subsection (d)'' for ''retirement
or discharge under subsections (b), (d)'' and ''instead of being
discharged'' for ''instead of being retired or discharged'' in two
places, and struck out former subsec. (f) authorizing a lump-sum
severance payment to certain discharged officers.
Subsecs. (g) to (j). Pub. L. 96-513, 336(f)-(h), added subsecs.
(h) to (j) and redesignated existing subsecs. (g) and (h) as (f) and
(g), respectively.
1963 -- Subsec. (c)(2). Pub. L. 88-132 substituted ''of'' for ''to
which he would be entitled if serving on active duty in'' after ''2 1/2
percent of the basic pay''.
1962 -- Subsec. (f). Pub. L. 87-509 limited the lump-sum payment to
not more than $15,000.
1960 -- Subsec. (d). Pub. L. 86-616 permits an officer, if he so
requests, to be honorably discharged at any time during the fiscal year
in which he is considered as having failed of selection for promotion to
the grade of lieutenant commander or major for the second time.
Subsec. (e). Pub. L. 86-616 permits an officer, if he so requests, to
be honorably discharged at any time during the fiscal year in which he
is considered as having failed of selection for promotion to the grade
of lieutenant or captain for the second time.
1958 -- Subsec. (c)(2). Pub. 85-422 substituted ''that may be
credited to him under section 1405 of this title'' for ''creditable for
basic pay''.
Amendment by Pub. L. 98-94 effective Oct. 1, 1983, see section
922(e) of Pub. L. 98-94, set out as a note under section 1401 of this
title.
Amendment by section 336 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, and amendment by section
513(17) of Pub. L. 96-513 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. 88-132 effective Oct. 1, 1963, see section 14
of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay
and Allowances of the Uniformed Services.
Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9 of
Pub. L. 85-422.
For transition provisions relating to limited-duty officers of the
Regular Navy or Regular Marine Corps, see section 616 of Pub. L.
96-513, set out as a note under section 611 of this title.
10 USC ( 6384 to 6388. Repealed. Pub. L. 96-513, title III, 335, Dec.
12, 1980, 94 Stat. 2898)
TITLE 10 -- ARMED FORCES
Section 6384, acts Aug. 10, 1956, ch. 1041, 70A Stat. 407; July
12, 1960, Pub. L. 86-616, 5(3), 74 Stat. 390; June 28, 1962, Pub.
L. 87-509, 4(b), 76 Stat. 121; Sept. 30, 1966, Pub. L. 89-609,
1(18), (19), 80 Stat. 853; Sept. 19, 1978, Pub. L. 95-377, 8(a), 92
Stat. 721, related to discharge of Regular Navy and Regular Marine
Corps officers having less than 20 years service for unsatisfactory
performance of duty. See section 1181 et seq. of this title.
Section 6385, acts Aug. 10, 1956, ch. 1041, 70A Stat. 408; Sept.
19, 1978, Pub. L. 95-377, 8(b), (c), 92 Stat. 721, provided that for
purposes of involuntary retirement, separation, or furlough, an officer
serving in a grade to which he was appointed under former sections 5231,
5232, 5787 or 5787d of this title was to be considered as serving in a
grade he would have held had it not been for such appointment. See
section 627 et seq. of this title.
Section 6386, acts Aug. 10, 1956, ch. 1041, 70A Stat. 408; Apr.
21, 1976, Pub. L. 94-273, 2(3), 90 Stat. 375, authorized President to
suspend certain provisions relating to officers serving in grades of
lieutenant and lieutenant (junior grade) in Navy or in grades of captain
and first lieutenant in Marine Corps. See section 644 of this title.
Section 6387, acts Aug. 10, 1956, ch. 1041, 70A Stat. 408; Aug.
11, 1959, Pub. L. 86-155, 6, 73 Stat. 337; June 30, 1960, Pub. L.
86-558, 74 Stat. 263; Oct. 13, 1964, Pub. L. 88-647, title III,
301(16), 78 Stat. 1072, related to computation of total commissioned
service for regular Navy male line officers and regular Marine Corps
male officers.
Section 6388, acts Aug. 10, 1956, ch. 1041, 70A Stat. 409; Aug.
21, 1957, Pub. L. 85-155, title II, 201(20), 71 Stat. 385; Sept. 30,
1966, Pub. L. 89-609, 1(20), (21), 80 Stat. 853; Sept. 20, 1968,
Pub. L. 90-502, 1, 82 Stat. 852; Dec. 24, 1970, Pub. L. 91-582,
1, 84 Stat. 1574, related to computation of total commissioned service
for certain Regular Navy staff corps officers.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 6389. Naval Reserve and Marine Corps Reserve; officers:
elimination from active status; computation of total commissioned
service
TITLE 10 -- ARMED FORCES
(a) Subject to section 1005 of this title, an officer in an active
status in the Naval Reserve in the permanent grade of lieutenant or
lieutenant (junior grade), and an officer in an active status in the
Marine Corps Reserve in the permanent grade of captain or first
lieutenant, who is considered as having twice failed of selection for
promotion to the next higher grade may, in the discretion of the
Secretary of the Navy, be eliminated from an active status.
(b) An officer who is to be eliminated from an active status under
subsection (a) or (f) shall, if qualified, be given an opportunity to
request transfer to the appropriate Retired Reserve and, if he requests
it, shall be so transferred. If he is not so transferred, he shall, in
the discretion of the Secretary, be transferred to the appropriate
inactive status list or be discharged from the Naval Reserve or the
Marine Corps Reserve.
(c) An officer in an active status in the Naval Reserve in the
permanent grade of lieutenant commander or above, and an officer in an
active status in the Marine Corps Reserve in the permanent grade of
major or above, who is considered as having twice failed of selection
for promotion to the next higher grade shall, if qualified, be given an
opportunity to request transfer to the appropriate Retired Reserve.If he
is not so transferred, he shall be discharged from the Naval Reserve or
the Marine Corps Reserve if he has completed a period of total
commissioned service equal to that specified below for the permanent
grade in which he is serving:
Notwithstanding the first sentence of this subsection, the Secretary
may defer the retirement or discharge of such number of officers serving
in the grade of lieutenant commander as are necessary to maintain the
authorized officer strength of the Ready Reserve, but the duration of
such deferment for any individual officer may not be in excess of five
years. Notwithstanding the first two sentences of this subsection, the
Secretary may defer the retirement or discharge under this subsection of
an officer serving in the permanent grade of lieutenant commander or
above in the Naval Reserve or in the permanent grade of major or above
in the Marine Corps Reserve for a period of time which does not exceed
the amount of service in an active status which was credited to the
officer at the time of his original appointment or thereafter under any
provision of law, if the officer can complete at least 20 years of
service as computed under section 1332 of this title during the period
of such deferment. Notwithstanding the first two sentences of this
subsection, the Secretary may defer the retirement or discharge under
this subsection of such number of officers serving in the permanent
grade of captain or commander in the Medical Corps, Chaplain Corps, or
Dental Corps in the Naval Reserve as are necessary to provide for
mobilization requirements.
(d) For the purposes of subsection (c), the total commissioned
service of an officer who has served continuously in the Naval Reserve
or the Marine Corps Reserve following appointment therein in the
permanent grade of ensign or second lieutenant, as the case may be,
shall be computed from June 30 of the fiscal year in which he accepted
the appointment. Each other officer is considered to have for this
purpose as much total commissioned service as the years of active
commissioned service of any regular officer on the active-duty list of
the Navy not restricted in the performance of duty, or any regular
officer on the active-duty list of the Marine Corps not restricted in
the performance of duty, as appropriate, who has served continuously
since original appointment as an ensign on the active-duty list of the
Navy or as a second lieutenant on the active-duty list of the Marine
Corps, has not lost numbers or precedence, and is, or has been after
September 6, 1947, junior to that other officer. However, the total
commissioned service that the other officer is considered to have may
not be less than the actual number of years he has served as a
commissioned officer in a grade above chief warrant officer, W-5.
(e) This section does not apply to women reserve officers or to
reserve officers in the Nurse Corps.
(f)(1) Each officer of the Naval Reserve in an active status in the
permanent grade of rear admiral (lower half) and each officer of the
Marine Corps Reserve in an active status in the permanent grade of
brigadier general shall, 30 days after he completes 30 years of service
computed under subsection (d), or on the fifth anniversary of the date
of his appointment to that grade, whichever is later --
(A) be transferred to the Retired Reserve, if he is qualified and
applies therefor, or
(B) if he is not qualified or does not apply therefor, be discharged
from his reserve component.
An officer who has been recommended for promotion, and who would
otherwise be removed from an active status under this section, shall be
retained in that status until he is appointed or refused appointment to
the next higher grade.
(2) Each officer of the Naval Reserve in an active status in the
permanent grade of rear admiral and each officer of the Marine Corps
Reserve in an active status in the permanent grade of major general
shall, 30 days after he completes 35 years of service computed under
subsection (d), or on the fifth anniversary of the date of his
appointment to that grade, whichever is later --
(A) be transferred to the Retired Reserve, if he is qualified and
applies therefor, or
(B) if he is not qualified or does not apply therefor, be discharged
from his reserve component.
(3) An officer in the Naval Reserve in an active status serving in
the grade of rear admiral (lower half) or rear admiral and an officer in
the Marine Corps Reserve in an active status serving in the grade of
brigadier general or major general may be considered for early
retirement by a continuation board convened under section 6410 of this
title.
(g) An officer in an active status in the Naval Reserve in the
permanent grade of ensign who is found not qualified for promotion to
the grade of lieutenant (junior grade), and an officer in an active
status in the Marine Corps Reserve in the permanent grade of second
lieutenant who is found not qualified for promotion to the grade of
first lieutenant, may (unless he is sooner promoted) be eliminated from
an active status.
(Added Pub. L. 85-861, 1(144)(A), Sept. 2, 1958, 72 Stat. 1509;
amended Pub. L. 86-559, 1(46), June 30, 1960, 74 Stat. 274; Pub. L.
96-513, title III, 337(a), Dec. 12, 1980, 94 Stat. 2900; Pub. L.
97-86, title IV, 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L.
98-525, title V, 528(c), Oct. 19, 1984, 98 Stat. 2526; Pub. L.
99-145, title V, 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L.
102-190, div. A, title XI, 1131(8)(A), Dec. 5, 1991, 105 Stat. 1506.)
In subsection (a), the words ''who is considered as having twice
failed of selection for promotion'' are substituted for the words
''after failing of selection for promotion * * * a second time'' to
conform to similar statements in this title. (See the revision note on
section 5776.) The words ''may be retained in'' are omitted as
surplusage, since the authority to eliminate such officers from an
active status is discretionary with the Secretary.
Subsection (e) is added to avoid conflict with 50:1311(d) and (e),
codified in sections 6397 and 6403 of this title. 50:1311(d) and (e)
contain special provisions for ''women officers'' and officers in the
Nurse Corps, respectively, so that officers in these categories must be
excepted from this section. Women officers appointed under the act of
June 24, 1952, ch. 457 (66 Stat. 155; 34 U.S.C. 21e) (codified in
section 5581 of this title), are not ''women officers'' within the
meaning of 50:1311(d), however, but are required to be promoted,
retired, or eliminated from active status as if they were men. (See the
revision note on section 5665 of this title.) The application of this
section to these officers is therefore made explicit.
Both men and women are eligible for appointment as reserve officers
in the Nurse Corps and are subject to the special provisions relating to
that corps.
1991 -- Subsec. (d). Pub. L. 102-190 substituted ''W-5'' for
''W-4''.
1985 -- Subsec. (f)(1), (3). Pub. L. 99-145 substituted ''rear
admiral (lower half)'' for ''commodore''.
1984 -- Subsec. (g). Pub. L. 98-525 added subsec. (g).
1981 -- Subsec. (f)(1), (3). Pub. L. 97-86 substituted
''commodore'' for ''commodore admiral''.
1980 -- Subsec. (b). Pub. L. 96-513, 337(a)(1), substituted
''subsection (a) or (f)'' for ''subsection (a)''.
Subsec. (d). Pub. L. 96-513, 337(a)(2), substituted ''as the years
of active commissioned service of any regular officer on the
active-duty'' for ''as any officer in the line on the active'' and ''or
any regular officer on the active-duty list of the Marine Corps'' for
''or any officer on the active list of the Marine Corps''.
Subsec. (e). Pub. L. 96-513, 337(a)(3), substituted ''does not apply
to'' for ''applies to women officers appointed under section 5581 of
this title, but not to other''.
Subsec. (f). Pub. L. 96-513, 337(a)(4), added subsec. (f).
1960 -- Subsec. (c). Pub. L. 86-559 empowered the Secretary to defer
the retirement or discharge of officers serving in the grade of
lieutenant commander in the Ready Reserve, in the permanent grade of
lieutenant commander or above in the Naval Reserve, in the permanent
grade of major or above in the Marine Corps Reserve, and in the
permanent grade of captain or commander in the Medical Corps, Chaplain
Corps, or Dental Corps in the Naval Reserve.
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.
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.
Amendment by 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.
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC ( 6390. Repealed. Pub. L. 96-513, title III, 335, Dec. 12,
1980, 94 Stat. 2898)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 410; May 20,
1958, Pub. L. 85-422, 11(a)(6)(E), 71 Stat. 131; Oct. 2, 1963, Pub.
L. 88-132, 5(h)(4), 77 Stat. 214; Sept. 8, 1980, Pub. L. 96-342,
title VIII, 813(d)(8), 94 Stat. 1107, related to the retirement at age
62 of officers on the active list of the Navy and officers of the Marine
Corps. See section 1251 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 6391. Naval Reserve and Marine Corps Reserve; officers:
retirement at age 62
TITLE 10 -- ARMED FORCES
(a) An officer in an active status or on the inactive status list in
the Naval Reserve or the Marine Corps Reserve in a grade above chief
warrant officer, W-5, shall, except as provided in subsections (b) and
(c), be transferred to the Retired Reserve when he becomes 62 years of
age.
(b) The Secretary of the Navy may defer the retirement under this
section of any officer of the Naval Reserve in a grade above captain or
any officer of the Marine Corps Reserve in a grade above colonel and
retain him in an active status until he becomes 64 years of age.
However, not more than ten officers may be so deferred at any one time,
distributed between the Naval Reserve and the Marine Corps Reserve as
the Secretary determines.
(c) An officer who was initially appointed in the Naval Reserve or
the Marine Corps Reserve before January 1, 1953, and who cannot complete
20 years of service computed under section 1332 of this title before he
becomes 62 years of age, but can complete this service by the time he
becomes 64 years of age, may be retained in an active status not later
than the date he becomes 64 years of age.
(Added Pub. L. 85-861, 1(144)(B), Sept. 2, 1958, 72 Stat. 1510;
amended Pub. L. 86-559, 1(47), June 30, 1960, 74 Stat. 275; Pub. L.
102-190, div. A, title XI, 1131(8)(A), Dec. 5, 1991, 105 Stat. 1506.)
In subsection (c), the words ''20 years of service computed under
section 1332 of this title'' are substituted for the words ''twenty
years of satisfactory Federal service for retirement purposes'' for
clarity and accuracy.
1991 -- Subsec. (a). Pub. L. 102-190 substituted ''W-5'' for
''W-4''.
1960 -- Subsec. (a). Pub. L. 86-559 included officers on the
inactive status list.
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 of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 6392. Retention in active status of certain officers
TITLE 10 -- ARMED FORCES
(a) Notwithstanding any other section of this chapter except
subsections (b), (d), and (e) of section 6383, the Secretary of the Navy
may, with the officer's consent, retain in an active status any reserve
officer of the Navy who is designated as a medical officer, dental
officer, veterinary officer, optometrist, podiatrist, chaplain, nurse,
allied health officer, or biomedical sciences officer.
(b) An officer may be retained in an active status under this section
only to fill a mission-based requirement.
(c)(1) Except as provided in paragraph (2), an officer may not be
retained in an active status under this section later than the date on
which the officer becomes 68 years of age (or, in the case of an officer
in the Chaplain Corps, 60 years of age).
(2) The Secretary of the Navy may retain an officer (other than an
officer in the Chaplain Corps) in an active status under this section
after the date on which the officer becomes 68 years of age if the
Secretary determines that continued retention is necessary for the needs
of the Navy.
(Added Pub. L. 100-180, div. A, title VII, 717(b)(1), Dec. 4, 1987,
101 Stat. 1114; amended Pub. L. 101-189, div. A, title VII, 710(b),
711(b), Nov. 29, 1989, 103 Stat. 1476, 1477.)
A prior section 6392, act Aug. 10, 1956, ch. 1041, 70A Stat. 410,
which related to revocation of appointments of Regular Navy and Marine
Corps officers with less than three years service, was repealed
effective Sept. 15, 1981, by Pub. L. 96-513, title III, 335, title
VII, 701, Dec. 12, 1980, 94 Stat. 2898, 2955.
1989 -- Subsec. (a). Pub. L. 101-189, 711(b), inserted ''allied
health officer,'' before ''or biomedical sciences officer''.
Subsec. (c). Pub. L. 101-189, 710(b), designated existing provisions
as par. (1), substituted ''Except as provided in paragraph (2), an
officer'' for ''An officer'' and ''68 years of age'' for ''67 years of
age'', and added par. (2).
10 USC ( 6393. Repealed. Pub. L. 96-513, title III, 373(h), Dec. 12,
1980, 94 Stat. 2903)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 410, authorized
Secretary of Navy to terminate appointment of any woman officer in
Regular Navy or Regular Marine Corps.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 6394 to 6396. Repealed. Pub. L. 96-513, title III, 335, Dec.
12, 1980, 94 Stat. 2898)
TITLE 10 -- ARMED FORCES
Section 6394, acts Aug. 10, 1956, ch. 1041, 70A Stat. 410; May
20, 1958, Pub. L. 85-422, 11(a)(6)(F), 72 Stat. 131; Sept. 2, 1958,
Pub. L. 85-861, 1(144)(C), 72 Stat. 1511; Oct. 2, 1963, Pub. L.
88-132, 5(h)(4), 77 Stat. 214; Sept. 8, 1980, Pub. L. 96-342, title
VIII, 813(d)(9), 94 Stat. 1107, related to the retirement upon board
recommendation of Regular Navy rear admirals and commodores and Regular
Marine Corps major generals and brigadier generals.
Section 6395, acts Aug. 10, 1956, ch. 1041, 70A Stat. 411; Aug.
21, 1957, Pub. L. 85-155, title II, 201(21), 71 Stat. 385; Sept. 30,
1966, Pub. L. 89-609, 1(22), 80 Stat. 853, related to discharge
during time of war and national emergency of Regular Navy and Regular
Marine Corps officers with less than 20 years of service for
unsatisfactory performance of duty. See section 1181 et seq. of this
title.
Section 6396, acts Aug. 10, 1956, ch. 1041, 70A Stat. 413; Aug.
21, 1957, Pub. L. 85-155, title II, 201(22), 71 Stat. 385; May 20,
1958, Pub. L. 85-422, 11(a)(6)(G), 72 Stat. 131; Oct. 2, 1963, Pub.
L. 88-132, 5(h)(6), 77 Stat. 214; Sept. 30, 1966, Pub. L. 89-609
1(23)-(26), 80 Stat. 853, 854; Nov. 8, 1967, Pub. L. 90-130,
1(24)(E), 81 Stat. 380; Sept. 8, 1980, Pub. L. 96-342, title VIII,
813(d)(10), 94 Stat. 1107, related to retirement or discharge of
Regular Navy officers in Nurse Corps in grades below commander.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 6397. Naval Reserve; officers in the Nurse Corps; elimination
from active status
TITLE 10 -- ARMED FORCES
(a) An officer of the Naval Reserve in any grade in the Nurse Corps
may be eliminated from an active status under the conditions prescribed
in this title for the separation from the active-duty list of a regular
officer in the same grade.
(b) An officer who is to be eliminated from an active status under
this section shall, if qualified, be given an opportunity to request
transfer to the Retired Reserve and, if the person requests it, shall be
so transferred. If the person is not transferred to the Retired
Reserve, the person shall, in the discretion of the Secretary of the
Navy, be transferred to the inactive status list or be discharged from
the Naval Reserve.
(c) An officer may be eliminated from an active status under this
section, only upon the recommendation of a board appointed by the
Secretary and convened at such times as he directs.
(Added Pub. L. 85-861, 1(144)(D), Sept. 2, 1958, 72 Stat. 1511;
amended Pub. L. 89-609, 1(27), Sept. 30, 1966, 80 Stat. 854; Pub. L.
96-513, title III, 338, Dec. 12, 1980, 94 Stat. 2901.)
The act of August 9, 1955, ch. 654, section 1 (69 Stat. 579)
authorized the appointment of men as commissioned officers in the Nurse
Corps of the Naval Reserve. Even though it is assumed that men will be
a small minority in the Corps, the masculine pronoun is used throughout
since under 1 U.S.C. 1 words importing the masculine gender include the
feminine. The converse is not true.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''in this title for
the separation from the active-duty list of a regular officer in the
same grade'' for ''by this chapter for the separation from the active
list of an officer on the active list of the Navy in the same grade in
the Nurse Corps''.
1966 -- Subsec. (b). Pub. L. 89-609 substituted ''the person'' for
''he'' in three places.
Amendment by 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.
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC ( 6398. Repealed. Pub. L. 96-513, title III, 335, Dec. 12,
1980, 94 Stat. 2898)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 413; May 20,
1958, Pub. L. 85-422, 11(a)(6)(H), 72 Stat. 131; Oct. 2, 1963, Pub.
L. 88-132, 5(h)(6), 77 Stat. 214; Nov. 8, 1967, Pub. L. 90-130,
1(24)(F), 81 Stat. 381; Sept. 8, 1980, Pub. L. 96-342, title VIII,
813(d)(11), 94 Stat. 1108, related to retirement for length of service
of Regular Navy women captains and commanders and Regular Marine Corps
women colonels and lieutenant colonels and their respective grades and
pay. See sections 633 and 634 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 6399. Repealed. Pub. L. 90-130, 1(24)(G), Nov. 8, 1967, 81
Stat. 382)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 414; May 20,
1958, Pub. L. 85-422, 11(a)(6)(I), 72 Stat. 131; Oct. 2, 1963, Pub.
L. 88-132, 5(h)(6), 77 Stat. 214, provided for retirement of women
lieutenant commanders and below of Regular Navy and women majors and
below of Regular Marine Corps at age 50 and their retired grade and pay.
10 USC ( 6400 to 6402. Repealed. Pub. L. 96-513, title III, 335, Dec.
12, 1980, 94 Stat. 2898)
TITLE 10 -- ARMED FORCES
Section 6400, acts Aug. 10, 1956, ch. 1041, 70A Stat. 414; May
20, 1958, Pub. L. 85-422, 11(a)(6)(J), 72 Stat. 131; Oct. 2, 1963,
Pub. L. 88-132, 5(h)(6), 77 Stat. 214; Sept. 8, 1980, Pub. L.
96-342, title VIII, 813(d)(12), 94 Stat. 1108, related to retirement
for length of service of Regular Navy women lieutenant commanders and
Regular Marine Corps women majors.
Section 6401, acts Aug. 10, 1956, ch. 1041, 70A Stat. 415; July
12, 1960, Pub. L. 86-616, 5(4), 74 Stat. 390; June 28, 1962, Pub.
L. 87-509, 4(b), 76 Stat. 121, related to discharge for length of
service of Regular Navy women lieutenants and Regular Marine Corps women
captains.
Section 6402, acts Aug. 10, 1956, ch. 1041, 70A Stat. 415; July
12, 1960, Pub. L. 86-616, 5(5), 74 Stat. 390, related to discharge
for length of service of Regular Navy women lieutenants (junior grade)
and Regular Marine Corps women first lieutenants.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 6403. Naval Reserve and Marine Corps Reserve; women officers:
elimination from active status
TITLE 10 -- ARMED FORCES
(a) A woman officer in any grade in the Naval Reserve, other than an
officer in the Nurse Corps or an officer appointed under section 5581 of
this title before September 15, 1981, may, in the discretion of the
Secretary of the Navy, be eliminated from an active status under the
conditions prescribed by this chapter or chapter 36 for the retirement
or discharge of a woman line regular officer in the same grade on the
active-duty list of the Navy, or at any time after those conditions are
met.
(b) A woman officer in any grade in the Marine Corps Reserve may, in
the discretion of the Secretary, be eliminated from an active status
under the conditions prescribed by this chapter or chapter 36 for the
retirement or discharge of a woman officer in the same grade on the
active-duty list of the Marine Corps, or at any time after those
conditions are met.
(c) For the purposes of subsections (a) and (b) all commissioned
service is considered active commissioned service.
(d) An officer who is to be eliminated from an active status under
this section shall, if qualified, be given an opportunity to request
transfer to the appropriate Retired Reserve and, if she requests it,
shall be so transferred. If she is not transferred to the Retired
Reserve, she shall, in the discretion of the Secretary, be transferred
to the appropriate inactive status list or be discharged from the Naval
Reserve or the Marine Corps Reserve.
(e) An officer may be eliminated from an active status under this
section, only upon the recommendation of a board appointed by the
Secretary and convened at such times as he directs.
(Added Pub. L. 85-861, 1(144)(E), Sept. 2, 1958, 72 Stat. 1511;
amended Pub. L. 96-513, title V, 503(49), Dec. 12, 1980, 94 Stat.
2915; Pub. L. 97-22, 10(b)(10)(B), July 10, 1981, 95 Stat. 137.)
In subsection (a), the words ''other than an officer in the Nurse
Corps'' are substituted for the words ''Except as otherwise provided in
this chapter''. The words ''or an officer appointed under section 5581
of this title'' are inserted to except from the operation of this
section women appointed in the Medical, Dental, and Medical Service
Corps under the Act of June 24, 1952, ch. 457 (66 Stat. 155; 34 U.S.C.
21e). These women are not ''women officers'' within the meaning of the
Reserve Officer Personnel Act of 1954 (see the revision note on section
5665 of this title), and are therefore subject to elimination from an
active status under section 6389, rather than under this section.
In subsections (a) and (b), the words ''retained in or'' are omitted
as surplusage, since the Secretary has discretion as to whether officers
are to be eliminated from an active status. The word ''discharge'' is
substituted for the words ''separation from the active list'' to conform
to the language used in sections 6401 and 6402 of this title. The words
''under the conditions prescribed by this chapter for the retirement * *
* of a woman line (the word ''line'' is omitted in subsection (b))
officer in the same grade on the active list'' are substituted for the
words ''at the times prescribed by law for the retirement * * * of the
woman line officer * * * next junior to her'' for clarity. The source
is ambiguous and subject to misinterpretation as is shown by testimony
before the Committee on Armed Services, United States Senate, on May 5,
1955.
Bills to amend the Reserve Officer Personnel Act of 1954, introduced
in the 84th Congress, 1st Session, contained a proposed amendment to
section 411(d) that would have provided that women reserve officers
could be eliminated from an active status under the same relative
conditions as would require the retirement or discharge of a
contemporary male officer on the active list. The proposed amendment
was rejected by the Committee on Armed Services, United States Senate,
and was not incorporated in the bill as sent to the House and enacted
(act of June 30, 1955, ch. 247, 69 Stat. 218). During the hearings,
however, it was brought out that certain reserve officers and others had
interpreted section 411(d) as authorizing the elimination of a woman
reserve officer from active status upon the happening of some event to
the woman regular officer who chanced to be her running mate at the
moment, regardless of the reserve officer's own age, length of service,
or promotion status. That this is not the intended meaning is shown by
the provision that all commissioned service is considered active
commissioned service for the purpose of this subsection, a provision
that would be meaningless if the reserve officer's status were dependent
on that of her running mate. The interpretation placed on the
subsection by the Department of the Navy was explained by the Assistant
Secretary of the Navy (Personnel and Reserve Forces) as follows:
''Under the present language of this section, women Reserve officers may
be retained in or eliminated from active status, in the discretion of
the Secretary, under conditions similar to those prescribed for the
separation or retirement of a woman Regular officer.'' In addition,
information furnished to the Committee by the Department of the Navy
contained the following comments on specific questions:
''2. 'Under section 411(d) as now contained in Public Law 773, 83d
Congress, could a woman officer of the Naval or Marine Corps Reserve
become ineligible to earn credit toward retirement as provided by title
III of Public Law 810, 80th Congress, at the time that the female
Regular officer next junior to her is separated for statutory reason --
or at any time thereafter?'
''Comment. -- No; unless by sheer coincidence the rules which
prescribe the time of separation of the woman Regular officer would
produce exactly the same date when applied to the facts pertaining to
the woman Reserve officer. This provision assimilates the rules
applying to contemporary women regulars, rather than the mere fact of
separation for any statutory reason.
''3. 'Would the loss of retirement opportunities by a Naval or Marine
Corps Reserve officer under the provision of section 411(d) * * * as now
contained in Public Law 773 be for any reason related to her own age,
performance, qualifications, or availability?'
''Comment. -- Yes; under section 411(d) as contained in Public Law
773, the facts of the woman Reserve officer's own situation would
determine liability for elimination from active status.'' (Hearings on
S. 1718 before the Committee on Armed Services, United States Senate,
May 5, 1955, pp. 5, 9.)
The revised section is accordingly worded so as to make this meaning
clear.
1981 -- Subsec. (a). Pub. L. 97-22 substituted ''September 15,
1981'' for ''the effective date of the Defense Officer Personnel
Management Act''.
1980 -- Subsec. (a). Pub. L. 96-513, 503(49)(A)-(D), inserted
''before the effective date of the Defense Officer Personnel Management
Act'' after ''under section 5581 of this title'', inserted ''or chapter
36'' after ''conditions prescribed by this chapter'', and substituted
''women line regular officer'' for ''women line officer'', and
''active-duty list'' for ''active list''.
Subsec. (b). Pub. L. 96-513, 503(49)(B), (D), inserted ''or chapter
36'' after ''conditions prescribed by this chapter'' and substituted
''active-duty list'' for ''active list''.
Section 10(b) of Pub. L. 97-22 provided that the amendment made by
that section is effective Sept. 15, 1981.
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.
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
title.
10 USC 6404. Treatment of fractions of years of service in computing
retired pay and separation pay
TITLE 10 -- ARMED FORCES
In determining the total number of years of service to be used as a
multiplier in computing retired pay and separation pay on discharge
under this chapter, each full month of service that is in addition to
the number of full years of service creditable to a member is counted as
one-twelfth of a year and any remaining fractional part of a month is
disregarded.
(Aug. 10, 1956, ch. 1041, 70A Stat. 415; Dec. 12, 1980, Pub. L.
96-513, title V, 503(50), 94 Stat. 2915; Sept. 24, 1983, Pub. L.
98-94, title IX, 923(c)(4), 97 Stat. 643.)
The words ''and a part of a year that is less than six months is
disregarded'' are added for clarity. The legislative history of the
Career Compensation Act of 1949, which contains a provision identical to
those codified in this section, indicates that all of these provisions
are construed as requiring a fractional year of less than six months to
be disregarded (hearing before the Committee on Armed Services of the
Senate on H.R. 5007, 81st Cong., 1st sess., p. 313, July 6, 1949).
1983 -- Pub. L. 98-94 substituted ''each full month of service that
is in addition to the number of full years of service creditable to a
member is counted as one-twelfth of a year and any remaining fractional
part of a month is disregarded'' for ''a part of a year that is six
months or more is counted as a whole year and a part of a year that is
less than six months is disregarded''.
1980 -- Pub. L. 96-513 substituted ''separation pay'' for
''severance pay'' in section catchline and substituted ''separation
pay'' for ''lump-sum payments'' in text.
Amendment by Pub. L. 98-94 applicable with respect to the
computation of retired or retainer pay of any individual who becomes
entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub.
L. 98-94, set out as a note under section 1174 of this title.
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 ( 6405. Repealed. Pub. L. 90-235, 4(a)(12), Jan. 2, 1968, 81
Stat. 760)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 415, provided that
an officer of Regular Navy, other than a retired officer, who accepted
an appointment in the Foreign Service was considered as having resigned
from the Navy. See section 973 of this title.
10 USC ( 6406. Repealed. Pub. L. 91-482, 1(a), Oct. 21, 1970, 84
Stat. 1082)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 415; Pub. L.
87-649, 14c(47), Sept. 6, 1962, 76 Stat. 501, authorized Secretary of
Navy to furlough any officer of Regular Navy or Regular Marine Corps,
other than a retired officer.
10 USC ( 6407. Repealed. Pub. L. 96-513, title III, 335, Dec. 12,
1980, 94 Stat. 2898)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 416, related to
communication with selection boards by officers eligible for
consideration for continuation on active list. See section 614 of this
title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 6408. Navy and Marine Corps; warrant officers, W-1:
limitation on dismissal
TITLE 10 -- ARMED FORCES
(a) No officer who holds the grade of warrant officer, W-1, may be
dismissed from the Navy or the Marine Corps except in time of war, by
order of the President.
(b) The President may drop from the rolls of the Navy or the Marine
Corps any officer who holds the grade of warrant officer, W-1, who --
(1) has been absent without authority for at least three months; or
(2) is sentenced to confinement in a Federal or State penitentiary or
correctional institution after having been found guilty of an offense by
a court other than a court-martial or other military court, and whose
sentence has become final.
(Aug. 10, 1956, ch. 1041, 70A Stat. 416.)
This section reflects the opinion of the Judge Advocate General of
the Navy (JAG:I:2:ERS:cmr, dtd. 13 April 1954) that 50 U.S.C. 739
applies to warrant officers (now warrant officers, W-1), of the Navy and
the Marine Corps. The Warrant Officer Act of 1954 established the grade
of warrant officer, W-1, in lieu of the former warrant officer (as
distinguished from commissioned warrant officer) grades. 50 U.S.C. 739,
as applicable to officers above the grade of warrant officer, W-1, is
codified in 1161 of this title.
In subsection (a) the words ''by sentence of a general court-martial,
or in commutation thereof'' are omitted since the separation from the
service of a warrant officer, W-1, by sentence of court-martial is
effected by dishonorable discharge.
In subsection (b) the words ''from his place of duty'' are omitted as
surplusage. The words ''at least'' are substituted for the words ''or
more''. The words ''by a court other than a court-martial or other
military court'' are substituted for the words ''by the civil
authorities''.
10 USC ( 6409. Repealed. Pub. L. 90-235, 3(b)(1), Jan. 2, 1968, 81
Stat. 758)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 416, provided for
suspension of laws for mandatory retirement or separation during war or
emergency of temporary warrant officers of Navy and Marine Corps.
10 USC 6410. Naval Reserve and Marine Corps Reserve; officers:
elimination from active status to provide a flow of promotion
TITLE 10 -- ARMED FORCES
(a) Whenever he determines that such action is necessary to provide a
steady flow of promotion for officers in an active status in the Naval
Reserve or the Marine Corps Reserve, the Secretary of the Navy may
convene a board to recommend an appropriate number of these officers for
elimination from an active status. Subject to section 1005 of this
title, officers so recommended may be eliminated from an active status
as provided in subsection (b).
(b) An officer who is to be eliminated from an active status under
this section shall, if qualified, be given an opportunity to request
transfer to the appropriate Retired Reserve and, if he requests it,
shall be so transferred. If he is not transferred to the Retired
Reserve, he shall, in the discretion of the Secretary, be transferred to
the appropriate inactive status list or be discharged from the Naval
Reserve or the Marine Corps Reserve.
(Added Pub. L. 85-861, 1(144)(F), Sept. 2, 1958, 72 Stat. 1512.)
In subsection (a), the words ''Notwithstanding any other provision of
this chapter'' are omitted as unnecessary.
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC CHAPTER 575 -- RECALL TO ACTIVE DUTY
TITLE 10 -- ARMED FORCES
Sec.
(6481, 6482. Repealed.)
6483. Retired members: grade.
6484. Promotion of retired members to higher enlisted grades:
retention of grade upon release from active duty.
6485. Members of the Fleet Reserve and Fleet Marine Corps Reserve:
authority to recall.
6486. Members of the Fleet Reserve and Fleet Marine Corps Reserve:
release from active duty.
(6487, 6488. Repealed.)
1984 -- Pub. L. 98-525, title V, 533(f)(2), Oct. 19, 1984, 98
Stat. 2528, struck out item 6482 ''Retired enlisted members of the
Regular Navy and Regular Marine Corps: authority to recall.''
1980 -- Pub. L. 96-513, title V, 503(51), Dec. 12, 1980, 94 Stat.
2915, struck out items 6481 ''Retired officers of the Regular Navy and
Regular Marine Corps: authority to recall'', 6487 ''Retired rear
admirals: retired pay after two years of active duty'', and 6488
''Wartime appointments or promotions: retention of grade upon release
from active duty''.
10 USC ( 6481. Repealed. Pub. L. 96-513, title III, 362(a), Dec. 12,
1980, 94 Stat. 2903)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 416, related to
authority to recall retired officers of Regular Navy and Regular Marine
Corps. See section 688 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 6482. Repealed. Pub. L. 98-525, title V, 533(f)(1), Oct. 19,
1984, 98 Stat. 2528)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 417, provided that
in time of war or national emergency Secretary of Navy could order to
active duty any retired enlisted member of Regular Navy or Regular
Marine Corps.
10 USC 6483. Retired members: grade
TITLE 10 -- ARMED FORCES
An officer who has been advanced on the retired list or in the
Retired Reserve under former section 6150 of this title to a grade above
captain in the Navy or above colonel in the Marine Corps, when recalled
to active duty, may, in the discretion of the Secretary of the Navy, be
recalled either in the grade he holds on the retired list or in the
Retired Reserve or in the grade from which he was advanced.
(Aug. 10, 1956, ch. 1041, 70A Stat. 417; May 20, 1958, Pub. L.
85-422, 6(5), 72 Stat. 129; Oct. 2, 1963, Pub. L. 88-132, 5(m), 77
Stat. 215; Oct. 22, 1968, Pub. L. 90-623, 2(10), 82 Stat. 1314; Dec.
12, 1980, Pub. L. 96-513, title III, 363, 94 Stat. 2903.)
Subsection (a) states the general rule that a retired officer, when
recalled to active duty, shall be recalled in the grade he holds on the
retired list. The rule is derived, not from a specific provision of
law, but from the fact that special legislative authority is required to
recall a retired officer in any other grade.
The desirability of including a positive statement of the rule is
pointed up by the legislative history of the Act of February 21, 1946,
ch. 34, 8(a), 60 Stat. 28, amending the Act of July 24, 1941, ch.
320, 10(d), 55 Stat. 605 (34 U.S.C. 350i(d)). The 1946 amendment
states the rule, but only as to a limited class of retired personnel,
namely persons temporarily appointed or promoted under the 1941 Act
while on the retired list. The amendment provided that such persons,
when released to inactive duty, should be given the highest grade in
which they had served satisfactorily and, if subsequently recalled to
active duty, should be recalled in the grade so accorded them. The
legislative history shows that the bill (S. 1405, 79th Cong., 1st
sess.), originally was written so as to provide that retired personnel
should be recalled in their prior permanent grades or ratings instead of
in the higher grades accorded them on the retired list while on inactive
duty. When a member of the Naval Affairs Committee of the House of
Representatives suggested an amendment to allow retired personnel to be
recalled in the higher grades, the Navy spokesman pointed out that no
law was required to permit this; in fact, retired personnel would be
required to be recalled in the grades they hold on the retired list in
the absence of any law to the contrary. Thus the result desired by the
committee member could be achieved, simply by deleting the provision
instead of amending it. After some discussion, however, it was decided
to adopt the suggested amendment in order not to ''leave things to
inference'' (H. Rept. No. 158, December 6, 1945, pp. 2290-2292).
Section 412(a) of the Officer Personnel Act of 1947 (34 U.S.C. 410n)
(codified, except for the first proviso, in 6150 of this title),
supplies a further reason why a positive statement of the rule is
desirable. That section provides that an officer who has been specially
commended for the performance of duty in actual combat shall, when
retired, be placed on the retired list in the grade next higher than
that in which serving at the time of retirement. The first proviso,
codified in subsection (b) of this section, provided further that an
officer advanced under 412(a) to a flag or general officer grade could
be recalled either in the advanced grade or in the grade from which
advanced. The law was silent as to the grade in which other officers
advanced under 412(a) should be recalled. It was understood that they
would be recalled in the advanced grade accorded them on the retired
list, because there was no authority to recall them in any other grade.
However, the Comptroller General raised a question as to their right to
the pay of the higher grade when recalled. Although the final decision
of the Comptroller General was in favor of the higher pay (30 Comp. Gen.
242, December 20, 1950), the fact that the question was raised indicates
the confusion that results from leaving the rule to inference.
It appears that the rule was never in doubt until after the enactment
of the two recent laws cited above, one applying the rule to a limited
class, and one stating a discretionary exception without stating the
rule itself. These two laws make it more difficult than it was formerly
to derive the correct conclusion by inference alone.
1980 -- Pub. L. 96-513 struck out provisions formerly set out as
subsec. (a) which authorized each retired member of the naval service,
when called to active duty, to be recalled in the grade held by him on
the retired list and deleted subsec. (b) designation from remaining
provisions.
1968 -- Subsec. (b). Pub. L. 90-623 inserted ''former'' before
''section 6150''.
1963 -- Subsec. (c). Pub. L. 88-132 repealed subsec. (c) which
provided for recomputation of retired pay of retired members of the
naval service, recalled to active duty in the higher grade for officers
specially commended and released from such duty, on basis of the then
monthly basic pay of the grade held on the retired list after continuous
2-year period of service. See section 1402 of this title.
1958 -- Subsec. (c). Pub. L. 85-422 added subsec. (c).
Amendment by 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 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. 88-132 effective Oct. 1, 1963, see section 14
of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay
and Allowances of the Uniformed Services.
Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9 of
Pub. L. 85-422.
Regulations to carry out this section, see section 280 of this title.
10 USC 6484. Promotion of retired members to higher enlisted grades:
retention of grade upon release from active duty
TITLE 10 -- ARMED FORCES
When on active duty, retired enlisted members of the Navy or the
Marine Corps are eligible for promotion to higher enlisted grades or
ratings. When released from active duty, they shall, unless entitled to
a higher grade under another provision of law, retain the grades or
ratings they hold at the time of their release.
(Aug. 10, 1956, ch. 1041, 70A Stat. 417.)
The words ''who has been ordered into active service since April 6,
1917'' are omitted as executed. The words ''to higher enlisted grades
or ratings'' are inserted for clarity. The eligibility of retired
enlisted men for appointments to warrant and commissioned grades is
covered by chapter 539 of this title where the requirements for these
appointments are set forth. The words ''unless entitled to a higher
grade under another provision of law'' are inserted to make it clear
that retired enlisted members are not precluded by this section from
obtaining the benefits of other provisions of law that may give a higher
grade to them on their release from active duty.
The provision relating to pay, allowances, and benefits is omitted
because it was superseded by 514 and 516 of the Career Compensation
Act of 1949 (37 U.S.C. 314 and 316).
10 USC 6485. Members of the Fleet Reserve and Fleet Marine Corps
Reserve: authority to recall
TITLE 10 -- ARMED FORCES
(a) A member of the Fleet Reserve or the Fleet Marine Corps Reserve
may be ordered by competent authority to active duty without his consent
--
(1) in time of war or national emergency declared by Congress, for
the duration of the war or national emergency and for six months
thereafter;
(2) in time of national emergency declared by the President; or
(3) when otherwise authorized by law.
(b) In time of peace any member of the Fleet Reserve or the Fleet
Marine Corps Reserve may be required to perform not more than two
months' active duty for training in each four-year period.
(Aug. 10, 1956, ch. 1041, 70A Stat. 417; July 30, 1977, Pub. L.
95-79, title VIII, 805, 91 Stat. 333.)
In subsection (a) the words ''A member of the Fleet Reserve or the
Fleet Marine Corps Reserve'' are substituted for the words ''That men so
transferred to the Fleet Reserve * * * or other provision of law'' for
clarity. It is clear from the legislative history of the Armed Forces
Reserve Act of 1952 that the amendment to the second proviso of 34
U.S.C. 854d made by that Act was intended to cover all members of the
Fleet Reserve and Fleet Marine Corps Reserve.
In subsection (b) the word ''enlisted'' is omitted as surplusage
since only enlisted members may transfer to the Fleet Reserve and Fleet
Marine Corps Reserve. The words ''after 16 years' or more service'' are
omitted as surplusage since all the members of the Fleet Reserve and
Fleet Marine Corps Reserve are in that category. The words ''If any
member fails to report for the physical examination'' are substituted
for the words ''upon failure * * * of such member to report for
inspection'' to reflect the true meaning of the section. The words
''Under such conditions as may be prescribed by the Secretary of the
Navy'' are omitted as unnecessary since the authority to order a
forfeiture is entirely within the Secretary's discretion.
1977 -- Subsec. (b). Pub. L. 95-79 struck out requirements relating
to physical examinations for members of the Fleet Reserve and Fleet
Marine Corps Reserve.
10 USC 6486. Members of the Fleet Reserve and Fleet Marine Corps
Reserve: release from active duty
TITLE 10 -- ARMED FORCES
(a) Except as provided in subsection (b), the Secretary of the Navy
may, at any time, release any member of the Fleet Reserve or the Fleet
Marine Corps Reserve from active duty.
(b) In time of war or national emergency declared by Congress or by
the President after January 1, 1953, a member of the Fleet Reserve or
the Fleet Marine Corps Reserve, without his consent, may be released
from active duty other than from active duty for training only if --
(1) a board of officers convened at his request by an authority
designated by the Secretary recommends the release and the
recommendation is approved;
(2) the member does not request that a board be convened; or
(3) his release is otherwise authorized by law.
This subsection does not apply during a period of demobilization or
reduction in strength of the Navy or the Marine Corps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 417.)
In subsection (a) the words ''or active duty for training'' are
omitted as covered by the term ''active duty'' as used in this revised
title.
In subsection (b) the words ''other than from active duty for
training'' are inserted since the term ''active duty'' as used in 34
U.S.C. 854d (3d proviso) does not include active duty for training.
Clause (3) is inserted, since other provisions of law are necessarily
exceptions to the general rule here stated. The words ''or the Marine
Corps'' are inserted in the last sentence of subsection (b) to reflect
the applicability of the section to the Fleet Marine Corps Reserve.
10 USC ( 6487, 6488. Repealed. Pub. L. 96-513, title III, 362(b),
(c), Dec. 12, 1980, 94 Stat. 2903)
TITLE 10 -- ARMED FORCES
Section 6487, act Aug. 10, 1956, ch. 1041, 70A Stat. 418, related
to retirement pay of certain rear admirals who retire after serving two
years on active duty in time of war or national emergency.
Section 6488, act Aug. 10, 1956, ch. 1041, 70A Stat. 418, related
to retention of certain wartime appointments or promotions upon release
from active duty. See section 1370 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC CHAPTER 577 -- DEATH BENEFITS; CARE OF THE DEAD
TITLE 10 -- ARMED FORCES
Sec.
(6521. Repealed.)
6522. Disposition of effects.
1958 -- Pub. L. 85-861, 1(145), Sept. 2, 1958, 72 Stat. 1512,
struck out item 6521 ''Allowance to dependents: designation of
beneficiary''.
10 USC ( 6521. Repealed. Pub. L. 85-861, 36B(21), Sept. 2, 1958, 72
Stat. 1571)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 418, related to
allowances to dependents, and to designation of beneficiary. See
sections 1475 et seq. of this title.
10 USC 6522. Disposition of effects
TITLE 10 -- ARMED FORCES
(a) If money or other personal property of a deceased member of the
naval service is in the custody of the Department of the Navy, the
Secretary of the Navy shall keep it in safe custody and make a diligent
effort to determine and locate the heirs or next of kin of the deceased
member. Property remaining unclaimed two years after the death of the
member shall be sold, and the proceeds, together with any of his money
held in custody, shall be covered into the Treasury.
(b) Within five years after the date the money and proceeds are
covered into the Treasury, any claim that is presented therefor
supported by competent proof shall be certified to Congress for
consideration.
(c) The Secretary shall prescribe regulations for the administration
of this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 419.)
In subsection (a) the word ''shall'' is substituted for the words
''authorized and directed''; the word ''effort'' is substituted for the
word ''inquiry''; the words ''determine and locate'' are substituted
for the words ''ascertain the whereabouts''; the words ''personal
property'' are substituted for the words ''all articles of value,
papers, keepsakes, and other similar effects''. The phrase ''to the
credit of the Navy pension fund'' is omitted since this fund was
abolished by 9 of the Act of June 26, 1934, ch. 756, 48 Stat. 1229.
The application of this section is confined to the money and other
personal property of the deceased member in the custody of the
Department of the Navy to make it clear that disposition is made only of
property held by the Department of the Navy and not of property which
may be under other custody, over which the Department of the Navy would
have no control.
In subsection (b) the word ''covered'' is substituted for the word
''deposited''.
Disposition of unclaimed property, see section 2575 of this title.
10 USC PART III -- EDUCATION AND TRAINING
TITLE 10 -- ARMED FORCES
Chap. Sec.
601.
Officer Procurement Programs 6901
603.
United States Naval Academy 6951
605.
United States Naval Postgraduate School 7041
607.
Retirement of Civilian Members of the Teaching Staffs of the United
States Naval Academy and United States Naval Postgraduate School 7081
609.
Professional Military Education Schools 7101
1991 -- Pub. L. 102-190, div. A, title X, 1061(a)(27)(B), Dec. 5,
1991, 105 Stat. 1474, substituted ''Education'' for ''Educational'' in
item for chapter 609.
1990 -- Pub. L. 101-510, div. A, title IX, 912(b), Nov. 5, 1990,
104 Stat. 1627, added item for chapter 609.
10 USC CHAPTER 601 -- OFFICER PROCUREMENT PROGRAMS
TITLE 10 -- ARMED FORCES
Sec.
(6901 to 6910. Repealed.)
6911. Aviation cadets: grade; procurement; transfer.
6912. Aviation cadets: benefits.
6913. Aviation cadets: appointment as reserve officers.
(6914. Repealed.)
6915. Reserve student aviation pilots; reserve aviation pilots:
appointments in commissioned grade.
1980 -- Pub. L. 96-513, title V, 503(52), Dec. 12, 1980, 94 Stat.
2915, struck out items 6909 ''Direct procurement: qualifications;
retention or transfer to Reserve'' and 6914 ''Reserve naval aviators:
appointment in Regular Navy and Regular Marine Corps; eligibility;
grade; rank''.
1964 -- Pub. L. 88-647, title III, 301(18), Oct. 13, 1964, 78
Stat. 1072, struck out items 6901 ''Naval Reserve Officers' Training
Corps: administration'', 6902 ''Transfer of graduates of Naval Reserve
Officers' Training Corps to Regular Navy'', 6903 ''Officer candidate
training program: administration; qualifications for enrollment'',
6904 ''Officer candidate training program: members enrolled from Naval
Reserve Officers' Training Corps; appointment as midshipmen; pay;
allowances; commissioning'', 6905 ''Officer candidate training program:
members enrolled as naval aviation officer candidates; instruction;
pay; allowances'', 6906 ''Officer candidate training program: naval
aviation candidates; appointment as midshipmen; flight training;
appointment as ensigns'', 6908 ''Officer candidate training program:
naval aviators; retention or transfer to Reserve'', 6910 ''Payment of
expenses''.
1961 -- Pub. L. 87-100, 1(2), July 21, 1961, 75 Stat. 218, struck
out item 6907 ''Officer candidate training program: officers other than
naval aviators; retention or transfer to Reserve''.
1958 -- Pub. L. 85-861, 1(147)(B), Sept. 2, 1958, 72 Stat. 1513,
substituted ''benefits'' for ''pay and allowances'' in item 6912.
10 USC ( 6901 to 6906. Repealed. Pub. L. 88-647, title III, 301(17),
Oct. 13, 1964, 78 Stat. 1072)
TITLE 10 -- ARMED FORCES
Section 6901, acts Aug. 10, 1956, ch. 1041, 70A Stat. 420; Sept.
2, 1958, Pub. L. 85-861, 1(146), 72 Stat. 1512, related to
administration of Naval Reserve Officers' Training Corps.
Sections 6902, 6903, act Aug. 10, 1956, ch. 1041, 70A Stat. 420,
421, related to transfer of graduates of Naval Reserve Officers'
Training Corps to Regular Navy, administration of officer candidate
training program, and to qualifications for enrollment. See sections
2104 and 2106 of this title.
Sections 6904 to 6906, acts Aug. 10, 1956, ch. 1041, 70A Stat.
421, 422, 423; Sept. 7, 1962, Pub. L. 87-649, 14c(48)-(50), 76 Stat.
501, related to officer candidate training program and qualifications
and training of members. See chapters 102 and 103 of this title.
10 USC ( 6907. Repealed. Pub. L. 87-100, 1(1), July 21, 1961, 75 Stat.
218)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 424, related to
retention or transfer to Reserve of officers other than naval aviators
under officer candidate training program.
10 USC ( 6908. Repealed. Pub. L. 88-647, title III, 301(17), Oct. 13,
1964, 78 Stat. 1072)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, 1041, 70A Stat. 424, related to
selection of naval aviators for retention of transfer to the Reserve.
10 USC ( 6909. Repealed. Pub. L. 96-513, title III, 329, Dec. 12,
1980, 94 Stat. 2896)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 425, related to
direct procurement of ensigns and second lieutenants.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 6910. Repealed. Pub. L. 88-647, title III, 301(17), Oct. 13,
1964, 78 Stat. 1072)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 426, authorized
payment of expenses of officer procurement program.
10 USC 6911. Aviation cadets: grade; procurement; transfer
TITLE 10 -- ARMED FORCES
(a) The grade of aviation cadet is a special enlisted grade in the
naval service. Under such regulations as the Secretary of the Navy
prescribes, citizens in civil life may be enlisted as, and enlisted
members of the naval service with their consent may be designated as,
aviation cadets.
(b) Except in time of war or emergency declared by Congress, 20
percent of the aviation cadets procured in each fiscal year shall be
procured from qualified enlisted members of the Regular Navy and the
Regular Marine Corps.
(c) No person may be enlisted or designated as an aviation cadet
unless --
(1) he agrees in writing that, upon his successful completion of the
course of training as an aviation cadet, he will accept a commission as
an ensign in the Naval Reserve or a second lieutenant in the Marine
Corps Reserve, and will serve on active duty as such for at least three
years, unless sooner released; and
(2) if under 21 years of age, he has the consent of his parent or
guardian to his agreement.
(d) Under such regulations as the Secretary prescribes, an aviation
cadet may be transferred to another enlisted grade or rating in the
naval service, released from active duty, or discharged.
(Aug. 10, 1956, ch. 1041, 70A Stat. 426; July 31, 1958, Pub. L.
85-578, 72 Stat. 456; Dec. 12, 1980, Pub. L. 96-513, title III,
373(f), 94 Stat. 2903.)
In subsection (a) the words ''in civil life'' are added to indicate
that regular enlisted members, to be eligible, must be discharged as is
required by subsection (b).
In subsection (b) the words before the first proviso are omitted as
executed. The words ''after June 13, 1949'' in the first proviso,
relating to a declaration of emergency by Congress, are omitted as
executed. The emergencies existing on June 13, 1949, have expired, as
indicated in the Act of July 3, 1952, ch. 570, 66 Stat. 333. The word
''Regular'' is inserted before ''Navy'' and ''Marine Corps'' to preserve
the meaning of this provision which distinguishes members of the reserve
components from members of the Navy and the Marine Corps. The words
''who are discharged for the purpose of enlisting as aviation cadets''
are added. Since discharge from a regular component must precede
enlistment in a reserve component, the designation language of 34 U.S.C.
735b, although appropriate to the Air Force counterpart to which it also
applies, is inappropriate to this section.
Subsection (c) is written as a condition precedent to enlistment or
transfer, and not as a requirement, to conform with interpretation of
the provision.
1980 -- Subsec. (a). Pub. L. 96-513 struck out ''male'' before
''citizens'' and ''enlisted''.
1958 -- Subsec. (a). Pub. L. 85-578 substituted ''naval service''
for ''Naval Reserve and the Marine Corps Reserve'', made changes in
phraseology including the substitution of ''designated'' for
''transferred'', and specified consent as requisite for designation as
aviation cadet.
Subsec. (b). Pub. L. 85-578 struck out ''at least'' before ''20
percent'' and ''who, with their consent, are discharged for the purpose
of enlisting as aviation cadets'' after ''Regular Marine Corps''.
Subsec. (c). Pub. L. 85-578 designated existing provisions as cls.
(1) and (2), made phraseological changes including the substitution of
''designated'' for ''transferred'', and prescribed consent for one under
21 years of age instead of one described as minor and active duty
service with commissioned status for minimum three year period instead
of maximum four year period and unspecified grade.
Subsec. (d). Pub. L. 85-578 substituted ''naval service'' for ''Naval
Reserve or the Marine Corps Reserve'' and struck out ''as appropriate''
after such term.
Amendment by 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.
10 USC 6912. Aviation cadets: benefits
TITLE 10 -- ARMED FORCES
Except as provided in section 402(a) and (b) of title 37, aviation
cadets or their beneficiaries are entitled to the same allowances,
pensions, gratuities, and other benefits as are provided for enlisted
members in pay grade E-4. While on active duty, an aviation cadet is
entitled to uniforms, clothing, and equipment at the expense of the
United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 426; Sept. 2, 1958, Pub. L.
85-861, 1(147)(A), 72 Stat. 1513; Sept. 7, 1962, Pub. L. 87-649,
6(f)(6), 76 Stat. 494.)
In subsection (b) the words ''and at the same rates'' are omitted as
covered by the words ''on the same basis''.
In subsection (c) the words ''enlisted members in pay grade E-4'' are
substituted for ''enlisted men of the fourth pay grade'' to conform to
the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231 et
seq.). The words ''by law or regulation'' are omitted as surplusage.
The words ''and the premiums on their life insurance'' are omitted as
impliedly repealed by 10 of the Insurance Act of 1951, 65 Stat. 37,
which provided that such premium payments shall not be made by the
Government.
Section 6912 is amended by eliminating subsections (a) (less clause
(4)) and (b) and by substituting a reference to section 301 of the
Career Compensation Act of 1949 for the reference to subsection (a) in
former subsection (c). The substance of former subsections (a) (less
clause (4)) and (b) is covered by the Career Compensation Act, as
amended by the Act of March 31, 1955 (69 Stat. 19) and section 10 of
this Act.
1962 -- Pub. L. 87-649 substituted ''section 402(a) and (b) of title
37'' for ''section 251(a) of title 37''.
1958 -- Pub. L. 85-861 substituted ''benefits'' for ''pay and
allowances'' in section catchline, and struck out provisions which
prescribed the rate of pay of cadets, which authorized them to receive
the same allowances for subsistence as prescribed for officers, which
related to the furnishing of quarters, medical care and hospitalization,
and which authorized transportation and expenses while traveling under
orders.
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15
of Pub. L. 87-649, set out as an Effective Date note preceding section
101 of Title 37, Pay and Allowances of the Uniformed Services.
Allowance for quarters for cadets with dependents, see section 403(g)
of Title 37, Pay and Allowances.
10 USC 6913. Aviation cadets: appointment as reserve officers
TITLE 10 -- ARMED FORCES
(a) An aviation cadet who fulfills the requirements of section 2003
of this title may be appointed an ensign in the Naval Reserve or a
second lieutenant in the Marine Corps Reserve and designated a naval
aviator.
(b) Aviation cadets who complete their training at approximately the
same time are considered for all purposes to have begun their
commissioned service on the same date, and the decision of the Secretary
of the Navy in this regard is conclusive.
(Aug. 10, 1956, ch. 1041, 70A Stat. 427; Dec. 12, 1980, Pub. L.
96-513, title V, 513(20), 94 Stat. 2932.)
In subsection (a) the proviso is omitted as unnecessary. Section 1
of the Act of April 28, 1950, ch. 120, 64 Stat. 90, terminated service
credit for lump-sum payments granted under 12 of the Act of August 4,
1942, ch. 547, 56 Stat. 738, and thereby removed the only consequences
of the proviso. The words ''section 6023(b) of this title'' are
substituted for the words ''law for designation or appointment as naval
aviators'' to provide specific reference to those requirements. The
words ''and designated a naval aviator'' are added for clarity and to
authorize specifically the designation, which is implied in 34 U.S.C.
850f.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''section 2003'' for
''section 6023(b)''.
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 ( 6914. Repealed. Pub. L. 96-513, title III, 374, Dec. 12,
1980, 94 Stat. 2904)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 427, authorized
President to appoint Naval Reserve aviators to Regular Navy and Regular
Marine Corps.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 6915. Reserve student aviation pilots; reserve aviation
pilots: appointments in commissioned grade
TITLE 10 -- ARMED FORCES
(a) Under such regulations as the Secretary of the Navy prescribes,
enlisted members of the Naval Reserve and the Marine Corps Reserve may
be designated as student aviation pilots.
(b) A member who is not a qualified civilian aviator may not be
designated as a student aviation pilot unless he agrees in writing, with
the consent of his parent or guardian if he is a minor, to serve on
active duty for a period of two years after successfully completing
flight training, unless sooner released. Such a student aviation pilot
may be released from active duty or discharged at any time by any
administrative authority prescribed by the Secretary.
(c) If he is a qualified civilian aviator, a student aviation pilot
may be given a brief refresher course in flight training.
(d) While he is in flight training, a student aviation pilot shall
have uniforms and equipment issued to him at Government expense.
(e) Under regulations prescribed by the Secretary, a student aviation
pilot of the Naval Reserve or the Marine Corps Reserve may be designated
an aviation pilot upon successfully completing flight training.
(f) In time of peace, an aviation pilot who is obligated under
subsection (b) to serve on active duty for a period of two years may
serve, with his consent, for an additional period of not more than two
years.
(g) An aviation pilot of the Naval Reserve or the Marine Corps
Reserve may be released from active duty or discharged at any time by
any administrative authority prescribed by the Secretary.
(h) An aviation pilot of the Naval Reserve or the Marine Corps
Reserve may, if qualified under regulations prescribed by the Secretary,
be appointed an ensign in the Naval Reserve or a second lieutenant in
the Marine Corps Reserve, as appropriate.
(Aug. 10, 1956, ch. 1041, 70A Stat. 427; Sept. 7, 1962, Pub. L.
87-649, 14c(51), 76 Stat. 501; Dec. 12, 1980, Pub. L. 96-513, title V,
513(21), 94 Stat. 2932.)
In subsection (a) the authority to designate student aviation pilots
is expressly set forth.
The portion of 34 U.S.C. 841h that provides that student aviation
pilots who are qualified civilian aviators shall be given a brief
refresher course in flight training is contained in subsection (c). The
remainder of 34 U.S.C. 841h, which provides that such pilots shall not
be considered as having been designated pursuant to 34 U.S.C.
841a-841h, is reflected in subsection (b) by making that subsection
applicable only to student aviation pilots who are not qualified
civilian aviators. No other consequences attach to designation as
student aviation pilots under the particular provisions. In subsection
(b) the word ''continuous'' is omitted as covered by the word
''period'', and the subsection is written as a condition precedent to
designation, because it is so interpreted.
In subsection (c) the words ''enlisted in or transferred to pilot
ratings'' are omitted as surplusage.
Subsection (e) states expressly the authority to designate aviation
pilots, which is implied in 34 U.S.C. 841a, 841b, and 841d.
In subsection (f) the words ''pay grade E-5'' are substituted for the
words ''third grade'' in 34 U.S.C. 841b to conform to the terminology of
the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.).
In subsection (h) the words ''of the Naval Reserve or the Marine
Corps Reserve'' are substituted for the words ''designated as such in
accordance with sections 841a and 841b of this title'' for uniformity.
1980 -- Subsecs. (f) to (i). Pub. L. 96-513 redesignated subsecs.
(g), (h), and (i) as (f), (g), and (h), respectively.
1962 -- Subsec. (f). Pub. L. 87-649 repealed subsec. (f) which
provided that while on active duty, an aviation pilot of the Naval
Reserve or the Marine Corps Reserve is entitled to the pay of an
enlisted member in pay grade E-5 or that of his grade, whichever is
greater. See section 201 of Title 37, Pay and Allowances of the
Uniformed Services.
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. 87-649 effective Nov. 1, 1962, see section 15
of Pub. L. 87-649, set out as an Effective Date note preceding section
101 of Title 37, Pay and Allowances of the Uniformed Services.
10 USC CHAPTER 603 -- UNITED STATES NAVAL ACADEMY
TITLE 10 -- ARMED FORCES
Sec.
6951. Location.
6952. Civilian teachers: number; compensation.
6953. Midshipmen: appointment.
6954. Midshipmen: number.
6955. Midshipmen: allotment upon redistricting of Congressional
Districts.
6956. Midshipmen: nomination and selection to fill vacancies.
6957. Selection of persons from foreign countries.
6958. Midshipmen: qualifications for admission.
6959. Midshipmen: agreement for length of service.
6960. Midshipmen: clothing and equipment; uniform allowance.
6961. Midshipmen: dismissal for best interests of the service.
6962. Midshipmen: discharge for unsatisfactory conduct or
inaptitude.
6963. Midshipmen: discharge for deficiency.
6964. Hazing: definition; prohibition.
6965. Failure to report violation; dismissal.
6966. Course of study.
6967. Degree on graduation.
6968. Board of Visitors.
6969. Band: composition.
6970. Storekeeper: detail; returns; inspection of accounts.
6971. Midshipmen's store, laundry, barber shop, cobbler shop, tailor
shop, and dairy: disposition of funds.
6972. Chapel: crypt and window spaces.
6973. Gifts and bequests: acceptance for benefit of Naval Academy.
6974. Gifts and bequests: acceptance for benefit of museum.
1983 -- Pub. L. 98-94, title X, 1004(b)(2), Sept. 24, 1983, 97
Stat. 659, substituted ''Selection of persons from foreign countries''
for ''Admission of foreigners for instruction: restrictions,
conditions'' in item 6957.
10 USC 6951. Location
TITLE 10 -- ARMED FORCES
The United States Naval Academy shall be located at Annapolis,
Maryland.
(Aug. 10, 1956, ch. 1041, 70A Stat. 428.)
The words ''United States'' are inserted before the words ''Naval
Academy'' to state the full title. The word ''established'' is omitted
as executed. The words ''in the State of'' are omitted as surplusage.
10 USC 6952. Civilian teachers: number; compensation
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may employ as many civilians as
professors, instructors, and lecturers at the Naval Academy as he
considers necessary.
(b) The compensation of persons employed under this section is as
prescribed by the Secretary.
(c) The Secretary, to the extent he considers proper, may delegate
the authority conferred by this section to any person in the Department
of the Navy, with or without the authority to make successive
redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 428.)
The words ''for the proper instruction of naval personnel'' and the
words ''be paid out of naval appropriations'' are omitted as surplusage.
In subsection (c) the words ''except the authority to prescribe
regulations'' are omitted, since 34 U.S.C. 1071 contains no authority
for the Secretary of the Navy to prescribe regulations for the
administration of that section.
Retirement of civilian teachers, see section 7081 et seq. of this
title.
10 USC 6953. Midshipmen: appointment
TITLE 10 -- ARMED FORCES
Midshipmen at the Naval Academy shall be appointed by the President
alone. An appointment is conditional until the midshipman is admitted.
(Aug. 10, 1956, ch. 1041, 70A Stat. 429; Oct. 14, 1981, Pub. L.
97-60, title II, 203(b)(1), 95 Stat. 1006.)
This section is included in this chapter without specific reference
to statutory source to resolve the ambiguities and conflicts existing in
the statutes relating to the appointment of midshipmen at the Naval
Academy. The word ''appoint'' has been used in various statutes when
the intent of Congress was to provide authority in the persons named to
''choose,'' ''select,'' or ''nominate'' for the office of midshipman.
These statutes have been collected and codified in 6954 of this title,
which reflects the various sources of nominees for ''appointment'' as
midshipmen and the persons who may so ''nominate'' them. The actual
appointing power resides in the President and this implied authority is
herein expressed for clarity and for the purpose of uniformity of
expression.
1981 -- Pub. L. 97-60 inserted provision that an appointment is
conditional until the midshipman is admitted.
Amendment by Pub. L. 97-60 effective with respect to nominations for
appointment to the first class admitted to each Academy after Oct. 14,
1981, see section 203(d) of Pub. L. 97-60, set out as an Effective Date
note under section 4341a of this title.
10 USC 6954. Midshipmen: number
TITLE 10 -- ARMED FORCES
(a) There may be at the Naval Academy at any one time midshipmen as
follows:
(1) 65 selected in order of merit as established by competitive
examination from the children of members of the armed forces who were
killed in action or died of, or have a service-connected disability at
not less than 100 per centum resulting from, wounds or injuries received
or diseases contracted in, or preexisting injury or disease aggravated
by, active service, children of members who are in a ''missing status''
as defined in section 551(2) of title 37, and children of civilian
employees who are in ''missing status'' as defined in section 5561(5) of
title 5. The determination of the Department of Veterans Affairs as to
service connection of the cause of death or disability is rated, is
binding upon the Secretary of the Navy.
(2) Five nominated at large by the Vice President or, if there is no
Vice President, by the President pro tempore of the Senate.
(3) Ten from each State, five of whom are nominated by each Senator
from that State.
(4) Five nominated by each Representative in Congress.
(5) Five from the District of Columbia, nominated by the Delegate to
the House of Representatives from the District of Columbia.
(6) Two from the Virgin Islands, nominated by the Delegate in
Congress from the Virgin Islands.
(7) Six from Puerto Rico, five of whom are nominated by the Resident
Commissioner from Puerto Rico and one who is a native of Puerto Rico
nominated by the Governor of Puerto Rico.
(8) Two from Guam, nominated by the Delegate in Congress from Guam.
(9) One from American Samoa, nominated by the Delegate in Congress
from American Samoa.
Each Senator, Representative, and Delegate in Congress, including the
Resident Commissioner from Puerto Rico, is entitled to nominate a
principal candidate and nine alternates for each vacancy that is
available under this section.
(b) In addition there may be appointed each year at the Academy
midshipmen as follows:
(1) one hundred selected by the President from the children of
members of an armed force who --
(A) are on active duty (other than for training) and who have served
continuously on active duty for at least eight years;
(B) are, or who died while they were, retired with pay or granted
retired or retainer pay, other than those granted retired pay under
section 1331 of this title;
however, a person who is eligible for selection under clause (1) of
subsection (a) may not be selected under this clause.
(2) 85 nominated by the Secretary of the Navy from enlisted members
of the Regular Navy and the Regular Marine Corps.
(3) 85 nominated by the Secretary of the Navy from enlisted members
of the Naval Reserve and the Marine Corps Reserve.
(4) 20 nominated by the Secretary of the Navy, under regulations
prescribed by him, from the honor graduates of schools designated as
honor schools by the Department of the Army, the Department of the Navy,
or the Department of the Air Force, and from members of the Naval
Reserve Officer's Training corps.
(5) 150 selected by the Secretary of the Navy in order of merit
(prescribed pursuant to section 6956 of this title) from qualified
alternates nominated by persons named in clauses (3) and (4) of
subsection (a).
(c) The President may also appoint as midshipmen at the Academy
children of persons who have been awarded the medal of honor for acts
performed while in the armed forces.
(d) The Superintendent of the Naval Academy may nominate for
appointment each year 50 persons from the country at large. Persons
nominated under this paragraph may not displace any appointment
authorized under clauses (2) through (9) of subsection (a) and may not
cause the total strength of midshipmen at the Naval Academy to exceed
the authorized number.
(e) The Secretary of the Navy may limit the number of midshipmen
appointed under subsection (b)(5). When he does so, if the total number
of midshipmen, upon admission of a new class at the Academy, will be
more than 3,737, no appointments may be made under subsection (b)(2) or
(3) of this section or section 6956 of this title.
(f) The Secretary of the Navy shall furnish to any Member of
Congress, upon the written request of such Member, the name of the
Congressman or other nominating authority responsible for the nomination
of any named or identified person for appointment to the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 429; Sept. 7, 1962, Pub. L.
87-651, title I, 124, 76 Stat. 514; Sept. 14, 1962, Pub. L. 87-663,
1(3), 76 Stat. 547; Mar. 3, 1964, Pub. L. 88-276, 2, 78 Stat. 150;
Oct. 13, 1966, Pub. L. 89-650, 1(1)-(3), 80 Stat. 896; July 5, 1968,
Pub. L. 90-374, 82 Stat. 283; Oct. 22, 1968, Pub. L. 90-623, 2(8), 82
Stat. 1314; Sept. 22, 1970, Pub. L. 91-405, title II, 204(c), 84 Stat.
852; Aug. 7, 1972, Pub. L. 92-365, 1(2), 86 Stat. 505; Nov. 29,
1973, Pub. L. 93-171, 2(1)-(3), 87 Stat. 690; Oct. 7, 1975, Pub. L.
94-106, title VIII, 803(b)(1), 89 Stat. 538; Dec. 24, 1980, Pub. L.
96-600, 2(b), 94 Stat. 3493; Oct. 14, 1981, Pub. L. 97-60, title II,
203(b)(2), 95 Stat. 1006; Oct. 12, 1982, Pub. L. 97-295, 1(44), 96
Stat. 1298; Sept. 24, 1983, Pub. L. 98-94, title X, 1005(a)(2),
(b)(2), 97 Stat. 660; Nov. 29, 1989, Pub. L. 101-189, div. A, title
XVI, 1621(a)(1), 103 Stat. 1602; Nov. 5, 1990, Pub. L. 101-510, div.
A, title V, 532(b)(1), 104 Stat. 1563.)
All provisions of law authorizing appointments to the Naval Academy
from various sources are collected in this section. The language is
extensively changed to meet the needs of this organization of the source
material. In those provisions that now authorize ''appointments'' by
other than the President, the language is changed to indicate that the
process is one of selection where the law requires selection by
competitive examination, and to show that other candidates are
nominated. The manner of appointing the selectees and nominees, in all
cases, is covered in 6953 of this title. In the case of nominees from
States, the District of Columbia, Territories, and from Puerto Rico, the
qualification that the nominees must be from the political subdivisions
from which nominated is indicated. The requirement that the nominees be
actual residents of the political subdivisions is contained in 6958(b)
of this title.
In subsection (a)(1) the words ''armed forces'' are substituted for
the description of the land and naval forces. The words ''including
male and female members of'' and ''of all components thereof'' are
omitted as surplusage.
In subsection (a)(1)(B), the date February 1, 1955, fixed by
Proclamation No. 3080 (Jan. 7, 1955; 20 F.R. 173), is substituted for
the words ''such date as shall thereafter be determined by Presidential
proclamation or concurrent resolution of the Congress under section 745
of title 38''.
In subsection (b)(1) the qualification that appointees must be from
the sons of members of the various ''regular'' components of the armed
forces is added, as ''Army, Navy, Air Force, Marine Corps, and Coast
Guard'' are so interpreted in this statute.
In subsection (c) the proviso ''That all such appointees are
otherwise qualified for admission'' is omitted as covered by 6958 of
this title setting forth qualifications of all candidates.
The applicability to the United States Military Academy in the Act of
June 8, 1926, ch. 492, as amended (34 U.S.C. 1036a; 10 U.S.C. 1091a),
was repealed by section 6(c) of the Act of June 30, 1950, ch. 421, 64
Stat. 305.
The change reflects the change of the name of the Panama Railroad
Company to the Panama Canal Company by section 2(a)(2) of the Act of
September 26, 1950 (64 Stat. 1038).
In 10:6954(f), the word ''The'' is substituted for ''Effective
beginning with the nominations for appointment to the Academy in the
calendar year 1964, the'' to eliminate executed words.
1990 -- Subsec. (a)(8) to (10). Pub. L. 101-510, 532(b)(1)(A),
redesignated cls. (9) and (10) as (8) and (9), respectively, and struck
out former cl. (8) which read as follows: ''One nominated by the
Administrator of the Panama Canal Commission from the children of
civilian personnel of the United States residing in the Republic of
Panama who are citizens of the United States.''
Subsec. (d). Pub. L. 101-510, 532(b)(1)(B), substituted ''clauses
(2) through (9)'' for ''clauses (2)-(7), (9), or (10)''.
1989 -- Subsec. (a)(1). Pub. L. 101-189 substituted ''Department of
Veterans Affairs'' for ''Veterans' Administration''.
1983 -- Subsec. (a)(8). Pub. L. 98-94, 1005(b)(2), substituted
''One nominated by the Administrator of the Panama Canal Commission from
the children of civilian personnel of the United States residing in the
Republic of Panama who are citizens of the United States'' for ''One
nominated by the Governor of the Panama Canal from the children of
civilians residing in the Canal Zone or the children of civilian
personnel of the United States Government, or the Panama Canal Company,
residing in the Republic of Panama''.
Subsec. (a)(10). Pub. L. 98-94, 1005(a)(2), substituted ''One from
American Samoa, nominated by the Delegate in Congress from American
Samoa'' for ''One from American Samoa nominated by the Secretary of the
Navy upon recommendation of the Governor of American Samoa''.
1982 -- Subsec. (f). Pub. L. 97-295 substituted ''The'' for
''Effective beginning with the nominations for appointment to the
Academy in the calendar year 1964, the''.
1981 -- Subsecs. (d) to (f). Pub. L. 97-60 added subsec. (d) and
redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
1980 -- Subsec. (a)(6), (9). Pub. L. 96-600 substituted ''Two'' for
''One''.
1975 -- Subsecs. (a)(1), (8), (b)(1), (c). Pub. L. 94-106
substituted ''children'' for ''sons'' wherever appearing.
1973 -- Subsec. (a)(6). Pub. L. 93-171, 2(1), substituted ''One
from the Virgin Islands, nominated by the Delegate in Congress from the
Virgin Islands'' for ''Five from each Territory, nominated by the
Delegate in Congress from that Territory''.
Subsec. (a)(9). Pub. L. 93-171, 2(2), struck out reference to
American Samoa and Virgin Islands.
Subsec. (a)(10). Pub. L. 93-171, 2(3), added cl. (10).
1972 -- Subsec. (a)(1). Pub. L. 92-365 increased the number of
midshipmen from 40 to 65 and added sons of members who are in missing
status and sons of civilian employees who are in missing status as
eligible for competitive examination.
1970 -- Subsec. (a)(5). Pub. L. 91-405 substituted ''Delegate to the
House of Representatives from the District of Columbia'' for
''Commissioner of that District''.
1968 -- Subsec. (a). Pub. L. 90-374 increased from five to nine the
number of alternates for each vacancy each Senator, Representative, and
Delegate in Congress, including the Resident Commissioner from Puerto
Rico, is entitled to nominate.
Subsec. (a)(5). Pub. L. 90-623 substituted ''Commissioner'' for
''Commissioners''.
1966 -- Subsec. (a)(1). Pub. L. 89-650, 1(1), provided for
selection of cadets to the Naval Academy from sons of members of the
armed forces who have a 100 per centum service-connected disability and
removed the limitation to active service during World War I or World War
II or after June 26, 1950, and before Feb. 1, 1955.
Subsec. (a)(2). Pub. L. 89-650, 1(2), provided for nominations to
the Naval Academy by the President pro tempore of the Senate if there is
no Vice President.
Subsec. (b)(1). Pub. L. 89-650, 1(3), increased the number of
Presidential appointments to the Naval Academy from 75 to 100, provided
for selection of eligible persons as stated in items (A) and (B),
previously chosen from sons of members of regular components, and
declared persons eligible under subsec. (a)(1) ineligible under subsec.
(b)(1) of this section.
1964 -- Subsec. (a). Pub. L. 88-276, 2(1), inserted ''Each Senator,
Representative, and Delegate in Congress, including the Resident
Commissioner from Puerto Rico, is entitled to nominate a principal
candidate and five alternates for each vacancy that is available to him
under this section''.
Subsec. (b)(2), (3), (5). Pub. L. 88-276, 2(2), reduced the number
of nominees in cls. (2) and (3) from 160 to 85 and added cl. (5).
Subsecs. (d), (e). Pub. L. 88-276, 2(3), added subsecs. (d) and
(e).
1962 -- Subsec. (a). Pub. L. 87-663 added cl. (9).
Pub. L. 87-651 substituted ''Panama Canal Company'' for ''Panama
Railroad Company'' in cl. (8).
Amendment by Pub. L. 97-60 effective with respect to nominations for
appointment to the first class admitted to each Academy after Oct. 14,
1981, see section 203(d) of Pub. L. 97-60, set out as an Effective Date
note under section 4341a of this title.
Amendment by Pub. L. 96-600 effective beginning with nominations for
appointment to the service academies for academic years beginning more
than one year after Dec. 24, 1980, see section 2(d) of Pub. L. 96-600
set out as a note under section 4342 of this title.
Amendment by Pub. L. 93-171 effective beginning with the nominations
for appointment to the service academies in the calendar year 1974, see
section 4 of Pub. L. 93-171, set out as a note under section 4342 of
this title.
Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section
206(b) of Pub. L. 91-405, set out as an Effective Date note under
section 25a of Title 2, The Congress.
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.
Authorized strength of service academies not to exceed 4,000 per
academy for class years beginning after 1994, and any reduction in
number of appointments not to be achieved by reduction in number of
appointments under subsec. (a) of this section, see section 511 of Pub.
L. 102-190, set out as a note under section 4342 of this title.
of Academic and other Standards to Male and Female
Individuals
Secretary to take such action as may be necessary and appropriate to
insure that (1) female individuals shall be eligible for appointment and
admission to the United States Naval Academy, beginning with
appointments to such academy for the class beginning in calendar year
1976, and (2) the academic and other relevant standards required for
appointment, admission, training, graduation, and commissioning of
female individuals shall be the same as those required for male
individuals, except for those minimum essential adjustments in such
standards required because of physiological differences between male and
female individuals, see section 803(a) of Pub. L. 94-106, set out as a
note under section 4342 of this title.
Secretary to continue to exercise the authority granted under this
chapter and chapters 403 and 903 of this title, but such authority to be
exercised within a program providing for the orderly and expeditious
admission of women to the Academy, consistent with the needs of the
services, see section 803(c) of Pub. L. 94-106, set out as a note under
section 4342 of this title.
10 USC 6955. Midshipmen: allotment upon redistricting of
Congressional Districts
TITLE 10 -- ARMED FORCES
If as a result of redistricting a State the domicile of a midshipman,
or a nominee, nominated by a Representative falls within a congressional
district other than that from which he was nominated, he is charged to
the district in which his domicile so falls. For this purpose, the
number of midshipmen otherwise authorized for that district is increased
to include him. However, the number as so increased is reduced by one
if he fails to become a midshipman or when he is finally separated from
the Naval Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 430.)
The word ''domicile'' is substituted for the words ''place of
residence'' to conform to the long-standing interpretation of this
section (see also opinions of the Judge Advocate General of the Army R.
29, 83; J.A.G. 351.11, Feb. 10, 1925). The words ''a congressional
district other than that from which he was nominated'' are substituted
for the word ''another''. The words ''were appointed with respect to'',
''of the former district'', ''as additional numbers'', ''at such academy
for the Representative'', ''temporarily'', and ''in attendance at either
academy under an appointment from such former district'' are omitted as
surplusage. The words ''the district in which his domicile so falls''
are substituted for the words ''of the latter district''. The words
''to include him'' are substituted for 34 U.S.C. 1032-1 (18 words before
proviso). The words ''However, the number as so increased'' are
substituted for 34 U.S.C. 1032-1 (1st 13 words of proviso). The words
''if he fails to become a midshipman'' are inserted for clarity.
10 USC 6956. Midshipmen: nomination and selection to fill vacancies
TITLE 10 -- ARMED FORCES
(a) If the annual quota of midshipmen from --
(1) enlisted members of the Regular Navy and the Regular Marine
Corps;
(2) enlisted members of the Naval Reserve and the Marine Corps
Reserve; or
(3) at large by the President;
is not filled, the Secretary may fill the vacancies by nominating for
appointment other candidates from any of these sources who were found
best qualified on examination for admission and not otherwise nominated.
(b) If it is determined that, upon the admission of a new class to
the Academy, the number of midshipmen at the Academy will be below the
authorized number, the Secretary may fill the vacancies by nominating
additional midshipmen from qualified candidates designated as alternates
and from other qualified candidates who competed for nomination and are
recommended and found qualified by the Academic Board. At least
three-fourths of those nominated under this subsection shall be from
qualified alternates under clauses (2) through (8) of section 6954(a) of
this title, and the remainder shall be from qualified candidates who
competed for appointment under any other provision of law. An
appointment of a nominee under this subsection is an additional
appointment and is not in place of an appointment otherwise authorized
by law.
(c) The failure of a member of a graduating class to complete the
course with his class does not delay the appointment of his successor.
(Aug. 10, 1956, ch. 1041, 70A Stat. 430; Mar. 3, 1964, Pub. L.
88-276, 3, 78 Stat. 151; July 5, 1968, Pub. L. 90-374, 82 Stat. 283;
Nov. 29, 1973, Pub. L. 93-171, 2(4), 87 Stat. 690; Oct. 7, 1975, Pub.
L. 94-106, title VIII, 803(b)(2), 89 Stat. 538; Oct. 14, 1981, Pub. L.
97-60, title II, 206, 95 Stat. 1007; Nov. 5, 1990, Pub. L. 101-510,
div. A, title V, 532(b)(2), title XIII, 1322(a)(14), 104 Stat. 1563,
1671.)
The section is worded to indicate that all appointments are made by
the President, and that, before appointment, prospective midshipmen are
''nominees'' or ''candidates'', as appropriate.
In subsection (b) the provision authorizing the Secretary of the Navy
to nominate candidates in the event nominations to fill vacancies under
subsection (a) are not made by March fourth is omitted as covered by
subsection (e), the purpose of which was to assure the entrance of a
full class each year.
Reference in subsection (e) to the strength of the ''brigade of
midshipmen'' is dropped, since there is no statutory requirement that
the midshipmen at the Academy be so organized, and the term is a
recognition of current organization only. The language authorizing the
Secretary, in his discretion, to nominate additional midshipmen to meet
the needs of the armed services but not to exceed the authorized
strength of the Academy is changed to authorize the Secretary to ''fill
the vacancies by nominating additional midshipmen''. In exercising his
discretion under this subsection, these factors are necessarily
considered by the Secretary, irrespective of a specific provision so
instructing him.
In subsection (f) the word ''admission'' is changed to the word
''appointment'', since the admission of a person is a consequence of,
and follows automatically from, his appointment. The statement of
reasons for failure to complete the course is omitted as unnecessary.
1990 -- Subsec. (a). Pub. L. 101-510, 1322(a)(14), redesignated
subsec. (b) as (a) and struck out former subsec. (a) which read as
follows: ''The Secretary of the Navy shall, as soon as possible after
the first of June of each year, notify in writing each Senator,
Representative, and delegate in Congress of any vacancy that will exist
at the Naval Academy because of graduation in the following year, or
that may occur for other reasons, for which the member or delegate is
entitled to nominate a candidate and nine alternates.''
Subsec. (b). Pub. L. 101-510, 1322(a)(14)(B), redesignated subsec.
(c) as (b). Former subsec. (b) redesignated (a).
Subsec. (c). Pub. L. 101-510, 1322(a)(14)(B), redesignated subsec.
(d) as (c). Former subsec. (c) redesignated (b).
Pub. L. 101-510, 532(b)(2), substituted ''clauses (2) through (8)''
for ''clauses (2)-(9)''.
Subsec. (d). Pub. L. 101-510, 1322(a)(14)(B), redesignated subsec.
(d) as (c).
1981 -- Subsecs. (b) to (d). Pub. L. 97-60 redesignated subsecs.
(d), (e), and (f) as (b), (c), and (d), respectively. Former subsec.
(b) providing that a nomination following notification under subsection
(a) be made by the fourth of March of the year following that in which
notice of the vacancy was given and that, if the candidate died or
declined the nomination, or if the nomination could not be made by
reason of a vacancy in the membership of the Senate or the House of
Representatives, the nomination could be made, as determined by the
Secretary, not later than the date of the final entrance examination for
that year, and former subsec. (c) providing that the nomination of
candidates to fill vacancies for the District of Columbia, and selection
of all candidates at large, be made by the fourth of March of the year
in which the candidates were to enter the Academy, were struck out.
1975 -- Subsec. (d). Pub. L. 94-106 substituted ''enlisted members''
for ''enlisted men'' in pars. (1) and (2).
1973 -- Subsec. (e). Pub. L. 93-171 substituted reference to clauses
(2)-(9) of section 6954(a) for reference to clauses (2)-(8) of section
6954(a).
1968 -- Subsec. (a). Pub. L. 90-374 substituted ''nine alternates''
for ''five alternates''.
1964 -- Subsec. (a). Pub. L. 88-276, 3(1), substituted ''five
alternates'' for ''one or more alternates''.
Subsec. (e). Pub. L. 88-276, 3(2), substituted ''three-fourths of
those nominated'' for ''two-thirds of those nominated''.
For effective date of amendment by Pub. L. 93-171, see section 4 of
Pub. L. 93-171, set out as a note under section 4342 of this title.
Nonreduction of number of appointees from congressional sources under
this section because of additional presidential appointments under
section 6954(b)(1) of this title, see note set out under section 4343 of
this title.
10 USC 6957. Selection of persons from foreign countries
TITLE 10 -- ARMED FORCES
(a)(1) The Secretary of the Navy may permit not more than 40 persons
at any one time from foreign countries to receive instruction at the
Academy. Such persons shall be in addition to the authorized strength
of the midshipmen under section 6954 of this title.
(2) The Secretary of the Navy, upon approval by the Secretary of
Defense, shall determine the countries from which persons may be
selected for appointment under this section and the number of persons
that may be selected from each country. The Secretary of the Navy may
establish entrance qualifications and methods of competition for
selection among individual applicants under this section and shall
select those persons who will be permitted to receive instruction at the
Academy under this section.
(b)(1) A person receiving instruction under this section is entitled
to the pay, allowances, and emoluments of a midshipman appointed from
the United States, and from the same appropriations.
(2) Each foreign country from which a midshipman is permitted to
receive instruction at the Academy under this section shall reimburse
the United States for the cost of providing such instruction, including
the cost of pay, allowances, and emoluments provided under paragraph (1)
unless a written waiver of reimbursement is granted by the Secretary of
Defense. The Secretary of the Navy shall prescribe the rates for
reimbursement under this paragraph.
(c)(1) Except as the Secretary of the Navy determines, a person
receiving instruction under this section is subject to the same
regulations governing admission, attendance, discipline, resignation,
discharge, dismissal, and graduation as a midshipman at the Academy
appointed from the United States. The Secretary may prescribe
regulations with respect to access to classified information by a person
receiving instruction under this section that differ from the
regulations that apply to a midshipman at the Academy appointed from the
United States.
(2) A person receiving instruction under this section is not entitled
to an appointment in an armed force of the United States by reason of
graduation from the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 431; Sept. 24, 1983, Pub. L.
98-94, title X, 1004(b)(1), 97 Stat. 658.)
In subsections (a) and (b) the location of the Academy is omitted as
surplusage.
In subsection (b) the words ''from the Republic of the Philippines''
are substituted for the word ''Filipinos'' to indicate the proper
designation of that country.
In subsection (c) reference to ''emoluments'' is omitted, as that
term has no present significance with reference to midshipmen.
In subsection (d) the words ''rules and'' and ''any office or
position'' are omitted as surplusage and the provision is extended to
cover specifically the Marine Corps, since ''Navy'' in this context is
so interpreted.
1983 -- Pub. L. 98-94 substituted ''Selection of persons from
foreign countries'' for ''Admission of foreigners for instruction:
restrictions; conditions'' in section catchline.
Subsec. (a). Pub. L. 98-94 amended subsec. (a) generally. Prior to
amendment, subsec. (a) read as follows: ''No person from a foreign
country may be permitted to receive instruction at the Naval Academy
except as authorized by this section.''
Subsec. (b). Pub. L. 98-94 amended subsec. (b) generally,
redesignating former subsec. (c) as par. (1) and in par. (1), as so
redesignated, substituted ''pay, allowances, and emoluments of a
midshipman appointed from the United States, and from the same
appropriations'' for ''same pay and allowances, to be paid from the same
appropriations, as midshipmen'', and added par. (2). Former subsec.
(b), relating to the authority of the Secretary of the Navy to limit the
numbers of foreigners studying at the Academy, was struck out.
Subsec. (c). Pub. L. 98-94 amended subsec. (c) generally,
designating first sentence of former subsec. (d) as par. (1) and in
par. (1), as so designated, substituted ''as a midshipman at the
Academy appointed from the United States'' for ''as a midshipman'', and
inserted sentence authorizing the Secretary to prescribe regulations
with respect to access to classified information by a person receiving
instruction under this section that differ from the regulations that
apply to a midshipman at the Academy appointed from the United States;
and designating the second sentence of former subsec. (d) as par. (2)
and in par. (2), as so designated, substituted ''A person'' for
''However, a person'' and ''an armed force of the United States'' for
''the Navy or the Marine Corps''. Former subsec. (c) was redesignated
(b)(1).
Subsec. (d). Pub. L. 98-94, as part of the general amendment of this
section, omitted subsec. (d) and incorporated its provisions into
subsec. (c).
Amendment by Pub. L. 98-94 effective one year after Sept. 24, 1983,
and applicable to persons entering the Academy after such date, with
subsec. (b)(2) of this section, as amended, not to apply to the cost of
providing instruction to a person who, before such date, entered the
Academy, see section 1004(d) of Pub. L. 98-94, set out as a note under
section 4344 of this title.
Academy Instruction; Benefits, Limitations,
Restrictions, and Regulations; Oath of Trainees
Naval Academy instruction of persons from countries assisting U.S.
in Vietnam, numerical limitation, prohibition against appointment of
graduates to the Armed Forces, exemption from oath, etc., see Pub. L.
89-802, Nov. 9, 1966, 80 Stat. 1518, set out as a note under section
4344 of this title.
10 USC 6958. Midshipmen: qualifications for admission
TITLE 10 -- ARMED FORCES
(a) Each candidate for admission to the Naval Academy --
(1) must be at least 17 years of age and must not have passed his
twenty-second birthday on July 1 of the calendar year in which he enters
the Academy; and
(2) shall be examined according to such regulations as the Secretary
of the Navy prescribes, and if rejected at one examination may not be
examined again for admission to the same class unless recommended by the
Academic Board.
(b) Each candidate for admission nominated under clauses (3) through
(9) of section 6954(a) of this title must be domiciled in the State, or
in the congressional district, from which he is nominated, or in the
District of Columbia, Puerto Rico, American Samoa, Guam, or the Virgin
Islands, if nominated from one of those places.
(c) Each candidate nominated under clause (2) or (3) of section
6954(b) of this title --
(1) must be a citizen of the United States;
(2) must have passed the required physical examination; and
(3) shall be appointed in the order of merit from candidates who
have, in competition with each other, passed the required mental
examination.
(Aug. 10, 1956, ch. 1041, 70A Stat. 431; Sept. 14, 1962, Pub. L.
87-663, 1(4), 76 Stat. 547; Nov. 29, 1973, Pub. L. 93-171, 2(5), 87
Stat. 690; Nov. 5, 1990, Pub. L. 101-510, div. A, title V, 532(b)(3),
104 Stat. 1563; Dec. 5, 1991, Pub. L. 102-190, div. A, title V, 512,
105 Stat. 1360.)
In subsection (a) the effective date is omitted as executed. The
words ''at least 17 years of age and must not have passed his
twenty-second birthday'' are substituted for the words ''not less than
seventeen years of age and not more than twenty-two years of age'' to
remove ambiguity, and for uniformity of treatment of provisions of this
type. The reference to time of examination is omitted as being included
within the Secretary's authority to prescribe regulations, which is
stated in the subsection. The words ''Academic Board'' are substituted
for the words ''board of examiners''.
In subsection (b) the words ''domiciled in'' are substituted for the
words ''actual resident of'' since this term has been so interpreted.
1991 -- Subsec. (c)(2) to (4). Pub. L. 102-190 redesignated pars.
(3) and (4) as (2) and (3), respectively, and struck out former par.
(2) which required candidates to have served at least one year as
enlisted members on date of entrance.
1990 -- Subsec. (b). Pub. L. 101-510 substituted ''clauses (3)
through (9)'' for ''clauses (3)-(7), (9) and (10)''.
1973 -- Subsec. (b). Pub. L. 93-171 substituted '', (9) and (10) of
section 6954(a)'' for ''and (9) of section 6954(a)'' and struck out ''or
Territory''.
1962 -- Subsec. (b). Pub. L. 87-663 inserted references to American
Samoa, Guam, and the Virgin Islands, and substituted ''clauses (3)-(7)
and (9)'' for ''clauses (3)-(7)''.
For effective date of amendment by Pub. L. 93-171, see section 4 of
Pub. L. 93-171, set out as a note under section 4342 of this title.
For authority to waive maximum age limitation in subsec. (a)(1) of
this section on basis of service on active duty in connection with
Operation Desert Storm, see section 514 of Pub. L. 102-190, set out as
a note under section 4346 of this title.
Effect upon enlisted status of acceptance of appointment as
midshipman, see section 516 of this title.
10 USC 6959. Midshipmen: agreement for length of service
TITLE 10 -- ARMED FORCES
(a) Each midshipman shall sign an agreement with respect to the
midshipman's length of service in the armed forces. The agreement shall
provide that the midshipman agrees to the following:
(1) That the midshipman will complete the course of instruction at
the Naval Academy.
(2) That upon graduation from the Naval Academy the midshipman --
(A) will accept an appointment, if tendered, as a commissioned
officer of the Regular Navy, the Regular Marine Corps, or the Regular
Air Force; and
(B) will serve on active duty for at least six years immediately
after such appointment.
(3) That if an appointment described in paragraph (2) is not tendered
or if the midshipman is permitted to resign as a regular officer before
completion of the commissioned service obligation of the midshipman, the
midshipman --
(A) will accept an appointment as a commissioned officer in the Naval
Reserve or the Marine Corps Reserve or as a Reserve in the Air Force for
service in the Air Force Reserve; and
(B) will remain in that reserve component until completion of the
commissioned service obligation of the midshipman.
(b)(1) The Secretary of the Navy may transfer to the Naval Reserve or
the Marine Corps Reserve, and may order to active duty for such period
of time as the Secretary prescribes (but not to exceed four years), a
midshipman who breaches an agreement under subsection (a). The period
of time for which a midshipman is ordered to active duty under this
paragraph may be determined without regard to section 651(a) of this
title.
(2) A midshipman who is transferred to the Naval Reserve or Marine
Corps Reserve under paragraph (1) shall be transferred in an appropriate
enlisted grade or rating, as determined by the Secretary.
(3) For the purposes of paragraph (1), a midshipman shall be
considered to have breached an agreement under subsection (a) if the
midshipman is separated from the Naval Academy under circumstances which
the Secretary determines constitute a breach by the midshipman of the
midshipman's agreement to complete the course of instruction at the
Naval Academy and accept an appointment as a commissioned officer upon
graduation from the Naval Academy.
(c) The Secretary of the Navy shall prescribe regulations to carry
out this section. Those regulations shall include --
(1) standards for determining what constitutes, for the purpose of
subsection (b), a breach of an agreement under subsection (a);
(2) procedures for determining whether such a breach has occurred;
and
(3) standards for determining the period of time for which a person
may be ordered to serve on active duty under subsection (b).
(d) In this section, ''commissioned service obligation'', with
respect to an officer who is a graduate of the Academy, means the period
beginning on the date of the officer's appointment as a commissioned
officer and ending on the sixth anniversary of such appointment or, at
the discretion of the Secretary of Defense, any later date up to the
eighth anniversary of such appointment.
(e)(1) This section does not apply to a midshipman who is not a
citizen or national of the United States.
(2) In the case of a midshipman who is a minor and who has parents or
a guardian, the midshipman may sign the agreement required by subsection
(a) only with the consent of a parent or guardian.
(Aug. 10, 1956, ch. 1041, 70A Stat. 432; Mar. 3, 1964, Pub. L.
88-276, 5(a), 78 Stat. 153; Oct. 13, 1964, Pub. L. 88-647, title III,
301(19), 78 Stat. 1072; Oct. 19, 1984, Pub. L. 98-525, title V,
541(b), 542(c), 98 Stat. 2529; Nov. 8, 1985, Pub. L. 99-145, title V,
512(b), 99 Stat. 624; Nov. 29, 1989, Pub. L. 101-189, div. A, title V,
511(c), 103 Stat. 1439.)
The words ''Hereafter'' and ''appointed to the United States Naval
Academy'' are omitted as surplusage. The words ''an agreement that * *
* he will'' are substituted for the words ''articles * * * by which he
shall engage''. The word ''separated'' is substituted for the words
''discharged by competent authority''. The words ''if tendered an
appointment'', ''upon graduation from the United States Naval Academy'',
and ''consecutive'' are omitted as surplusage. The words ''if he is
permitted to resign'' are substituted for the words ''in the event of
the acceptance of his resignation'', since a resignation is effective
only if accepted. The first 43 words of clause (3) are substituted for
34 U.S.C. 1048 (last 30 words of clause (3)). The last sentence is
substituted for the words ''with the consent of his parents or guardian
if he be a minor, and if any he have.''
1989 -- Subsec. (a)(2)(B). Pub. L. 101-189 substituted ''six years''
for ''five years''.
1985 -- Pub. L. 99-145 amended section generally. Prior to
amendment, section read as follows:
''(a) Each midshipman who is a citizen or national of the United
States shall sign an agreement that he will --
''(1) unless sooner separated from the Naval Academy, complete the
course of instruction at the Naval Academy;
''(2) accept an appointment and, unless sooner separated from the
naval service, serve as a commissioned officer of the Regular Navy, the
Regular Marine Corps, or the Regular Air Force for at least five years
immediately after graduation; and
''(3) accept an appointment as a commissioned officer in the reserve
component of the Navy or the Marine Corps or as a Reserve in the Air
Force for service in the Air Force Reserve and, unless sooner separated
from the naval service, remain therein until at least the sixth
anniversary and, at the direction of the Secretary of Defense, up to the
eighth anniversary of his graduation if an appointment in the regular
component of that armed force is not tendered to him or if he is
permitted to resign as a commissioned officer of that component before
that anniversary.
If the midshipman is a minor and has parents or a guardian, he may
sign the agreement only with the consent of the parents or guardian.
''(b) A midshipman who does not fulfill his agreement under
subsection (a) may be transferred by the Secretary of the Navy to the
Naval Reserve or the Marine Corps Reserve in an appropriate enlisted
grade or rating, and, notwithstanding section 651 of this title, may be
ordered to active duty to serve in that grade or rating for such period
of time as the Secretary prescribes but not for more than four years.''
1984 -- Subsec. (a). Pub. L. 98-525, 541(b), struck out '', unless
sooner separated,'' in introductory text preceding ''he will'';
inserted in cl. (1) ''unless sooner separated from the Naval
Academy,''; and inserted '', unless sooner separated from the naval
service,'' in cls. (2) and (3).
Subsec. (a)(3). Pub. L. 98-525, 542(c), substituted ''at least the
sixth anniversary and, at the direction of the Secretary of Defense, up
to the eighth anniversary'' for ''the sixth anniversary''.
1964 -- Pub. L. 88-647 designated existing provisions as subsec.
(a) and added subsec. (b).
Subsec. (a)(2). Pub. L. 88-276 substituted ''five'' for ''three''.
Amendment by Pub. L. 101-189 applicable to persons who are first
admitted to one of the military service academies after Dec. 31, 1991,
see section 511(e) of Pub. L. 101-189, as amended, set out as a note
under section 2114 of this title.
Amendment by Pub. L. 99-145 (other than with respect to the
authority of the Secretary of the Navy to prescribe regulations)
effective on the date on which regulations prescribed by the Secretary
take effect and applicable to agreements entered into under this section
on or after the effective date of such regulations and also with respect
to each such agreement that was entered into before the effective date
of such regulations by an individual who is a midshipman on such date,
see section 512(e) of Pub. L. 99-145, set out as a note under section
4348 of this title.
Amendment by section 541(b) of Pub. L. 98-525 applicable with
respect to agreements entered into under this section before, on, or
after Oct. 19, 1984, see section 541(d) of Pub. L. 98-525, set out as
a note under section 4348 of this title.
Service
For effective date of amendment by Pub. L. 88-276, see section 5(c)
of Pub. L. 88-276, set out as a note under section 4348 of this title.
Secretary of the Navy to prescribe regulations required by subsec.
(c) of this section as added by Pub. L. 99-145 not later than the end
of the 90-day period beginning on Nov. 8, 1985, see section 512(d) of
Pub. L. 99-145, set out as a note under section 4348 of this title.
Effect upon enlisted status of acceptance of appointment as
midshipman, see section 516 of this title.
10 USC 6960. Midshipmen: clothing and equipment; uniform allowance
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may prescribe the amount to be credited to
a midshipman, upon original admission to the Naval Academy, for the cost
of his initial issue of clothing and equipment. That amount shall be
deducted from his pay. If a midshipman is discharged before graduation
while owing the United States for pay advanced for the purchase of
required clothing and equipment, he shall turn in as much of his
clothing and equipment of a distinctively military nature as is
necessary to repay the amount advanced. If the value of the clothing
and equipment turned in does not cover the amount owed, the indebtedness
shall be canceled.
(Aug. 10, 1956, ch. 1041, 70A Stat. 432.)
The word ''new'' before ''midshipmen'' and the word ''subsequently''
after ''deducted'' are omitted as surplusage. The words ''while owing
the United States for pay advanced for the purchase of'' are substituted
for the words ''who is indebted to the United States on account of
advances of pay to purchase''.
10 USC 6961. Midshipmen: dismissal for best interests of the service
TITLE 10 -- ARMED FORCES
(a) Whenever the Superintendent of the Naval Academy believes that
the continued presence of any midshipman at the Academy is contrary to
the best interest of the service, he shall report in writing to the
Secretary of the Navy a full statement of the facts upon which his
belief is based. If the Secretary determines from the report that the
Superintendent's belief is well founded, the Secretary shall serve a
copy of the report on the midshipman. Within such time as the Secretary
considers reasonable, the midshipman shall show cause in writing why he
should not be dismissed from the Academy. The Secretary, after
consideration of any cause so shown, and with the written approval of
the President, may dismiss the midshipman from the Academy and from the
naval service.
(b) The truth of any issue of fact raised under subsection (a),
except as to the record of demerits, shall be determined by a court of
inquiry convened by the Secretary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 432.)
The words ''court of inquiry'' are substituted for the words ''board
of inquiry'' to conform to the terminology of the Uniform Code of
Military Justice. The words ''under the rules and regulations for the
government of the Navy'' are omitted as unnecessary.
For delegation to Secretary of Defense of authority vested in
President by section 1062 of former Title 34, see Ex. Ord. No. 10621,
July 1, 1955, 20 F.R. 4759, set out as a note under section 301 of Title
3, The President.
10 USC 6962. Midshipmen: discharge for unsatisfactory conduct or
inaptitude
TITLE 10 -- ARMED FORCES
(a) The Superintendent of the Naval Academy shall submit to the
Secretary of the Navy in writing a full report of the facts --
(1) whenever the Superintendent determines that the conduct of a
midshipman is unsatisfactory; or
(2) whenever the Academic Board unanimously determines that
midshipman possesses insufficient aptitude to become a commissioned
officer in the naval service.
(b) A midshipman upon whom a report is made under subsection (a)
shall be given an opportunity to examine the report and submit a written
statement thereon. If the Secretary believes, on the basis of the
report and statement, that the determination of the Superintendent or of
the Academic Board is reasonable and well founded, he may discharge the
midshipman from the Naval Academy and from the naval service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 432.)
10 USC 6963. Midshipmen: discharge for deficiency
TITLE 10 -- ARMED FORCES
Midshipmen found deficient at any examination shall, unless the
Academic Board recommends otherwise, be discharged from the Naval
Academy and from the naval service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 433.)
10 USC 6964. Hazing: definition; prohibition
TITLE 10 -- ARMED FORCES
(a) In this chapter, the term ''hazing'' means any unauthorized
assumption of authority by a midshipman whereby another midshipman
suffers or is exposed to any cruelty, indignity, humiliation, hardship,
or oppression, or the deprivation or abridgement of any right.
(b) The Superintendent of the Naval Academy shall prescribe
regulations, to be approved by the Secretary of the Navy, to prevent
hazing.
(c) Hazing is an offense that may be dealt with as an offense against
good order and discipline or as a violation of the regulations of the
Naval Academy. However, no midshipman may be dismissed for a single act
of hazing except by sentence of a court-martial.
(d) The finding and sentence of a court-martial of a midshipman for
hazing shall be reviewed in the manner prescribed for general
court-martial cases.
(e) A midshipman who is sentenced to imprisonment for hazing may not
be confined with persons who have been convicted of crimes or
misdemeanors.
(f) A midshipman who is dismissed from the Academy for hazing may not
be reappointed as a midshipman or be appointed as a commissioned officer
in the Army, Navy, Air Force, or Marine Corps until two years after the
graduation of the class of which he was a member.
(Aug. 10, 1956, ch. 1041, 70A Stat. 433; Nov. 8, 1985, Pub. L.
99-145, title XIII, 1301(c)(2), 99 Stat. 736; Nov. 29, 1989, Pub. L.
101-189, div. A, title XVI, 1622(e)(8), 103 Stat. 1605.)
In subsection (a) the words ''privilege, or advantage to which he
shall legally be entitled'' are omitted as surplusage, since they are
covered by the word ''right''. The definition in this subsection is
made applicable throughout the chapter to cover 6965 of this title,
since the reference in that section to hazing was also derived from the
act which is the source for this subsection.
In subsection (b) the words ''prescribe regulations * * * to prevent
hazing'' are substituted for the words ''make such rules * * * as will
effectually prevent the practice of hazing''.
In subsection (c) the words ''dealt with'' are substituted for the
words ''proceeded against, dealt with, and punished''. The word
''regulations'' is substituted for the word ''rules'' for uniformity and
the words ''and breaches'' are omitted as surplusage. The words
''except by sentence of a court-martial'' are substituted for the words
''except under the provisions of section three of this Act'' because 3
of the source statute provided for a Naval Academy court-martial with
special provisions for handling cases involving hazing. The enactment
of the Uniform Code of Military Justice made midshipmen at the Naval
Academy subject to the same military law which applies generally to the
naval service, thereby superseding the special type of court-martial for
midshipmen. A court-martial under the Uniform Code of Military Justice
has the power to sentence anyone convicted by it to dismissal if
authorized by the Table of Maximum Punishments.
In subsections (d) and (e) all that part of the source text preceding
the proviso is omitted as superseded by the Uniform Code of Military
Justice. The words ''in a military or naval prison or elsewhere'' are
omitted as surplusage.
1989 -- Subsec. (a). Pub. L. 101-189 inserted '', the term'' after
''In this chapter''.
1985 -- Subsec. (e). Pub. L. 99-145 substituted ''persons'' for
''men''.
Review of courts-martial, see section 859 et seq. of this title.
10 USC 6965. Failure to report violation: dismissal
TITLE 10 -- ARMED FORCES
(a) Each officer stationed at the Naval Academy, each midshipman
officer, each midshipman petty officer, and each civilian member of the
teaching staff of the Academy shall report promptly to the
Superintendent of the Naval Academy any fact that tends to show the
commission of hazing or any violation of an Academy regulation by a
midshipman.
(b) An officer of the naval service who fails to make a report
required by subsection (a) shall be tried by court-martial and if
convicted shall be dismissed from the naval service.
(c) A civilian member of the teaching staff of the Academy who fails
to make a report required by subsection (a) shall, with the approval of
the Secretary of the Navy, be dismissed by the Superintendent.
(Aug. 10, 1956, ch. 1041, 70A Stat. 433.)
In subsection (a) the words ''each officer stationed at the Naval
Academy, each midshipman officer, each midshipman petty officer, and
each civilian member of the teaching staff of the Academy shall'' are
substituted for the words ''it shall be the duty of every professor,
assistant professor, academic officer, or any cadet officer or cadet
petty officer, or instructor, as well as every other officer stationed
at the United States Naval Academy to'' to state the current
applicability of the provision. The words ''commission of hazing'' are
substituted for the words ''violation * * * of any of the provisions of
this Act''.
In subsection (b) the words ''for neglect of duty'' are omitted
inasmuch as the Uniform Code of Military Justice sets out the offenses
for which persons subject to the Code may be tried.
10 USC 6966. Course of study
TITLE 10 -- ARMED FORCES
(a) The course at the Naval Academy is four years.
(b) The Secretary of the Navy shall arrange the course so that
classes will not be held on Sunday.
(Aug. 10, 1956, ch. 1041, 70A Stat. 434.)
In subsection (b) the words ''of studies and the order of
recitations'' are omitted as surplusage. The words ''classes will not
be held on Sunday'' are substituted for the words ''students in said
institution shall not be required to pursue their studies on Sunday''.
10 USC 6967. Degree on graduation
TITLE 10 -- ARMED FORCES
Under regulations prescribed by the Secretary of the Navy, the
Superintendent of the Naval Academy may confer the degree of bachelor of
science upon graduates of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 434.)
The word ''regulations'' is substituted for the words ''such rules
and regulations''. Since the Naval Academy is now accredited, the words
''from and after the date of accrediting of said Academy'' are omitted
as executed.
Section 35 of act Aug. 10, 1956, provided in part that, under
conditions prescribed by the Secretary of the Navy, the Superintendent
of the United States Naval Academy may confer the degree of bachelor of
science upon living graduates of the Academy who were graduated before
the date of accrediting of the Academy and who meet the requirements of
the Academy for that degree.
10 USC 6968. Board of Visitors
TITLE 10 -- ARMED FORCES
(a) A Board of Visitors to the Naval Academy is constituted annually
of --
(1) the chairman of the Committee on Armed Services of the Senate, or
his designee;
(2) three other members of the Senate designated by the Vice
President or the President pro tempore of the Senate, two of whom are
members of the Committee on Appropriations of the Senate;
(3) the chairman of the Committee on Armed Services of the House of
Representatives, or his designee;
(4) four other members of the House of Representatives designated by
the Speaker of the House of Representatives, two of whom are members of
the Committee on Appropriations of the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for three years
each except that any member whose term of office has expired shall
continue to serve until his successor is appointed. The President shall
designate two persons each year to succeed the members whose terms
expire that year.
(c) If a member of the Board dies or resigns, a successor shall be
designated for the unexpired portion of the term by the official who
designated the member.
(d) The Board shall visit the Academy annually. With the approval of
the Secretary of the Navy, the Board or its members may make other
visits to the Academy in connection with the duties of the Board or to
consult with the Superintendent of the Academy.
(e) The Board shall inquire into the state of morale and discipline,
the curriculum, instruction, physical equipment, fiscal affairs,
academic methods, and other matters relating to the Academy that the
Board decides to consider.
(f) Within 60 days after its annual visit, the Board shall submit a
written report to the President of its action and of its views and
recommendations pertaining to the Academy. Any report of a visit, other
than the annual visit, shall, if approved by a majority of the members
of the Board, be submitted to the President within 60 days after the
approval.
(g) Upon approval by the Secretary, the Board may call in advisers
for consultation.
(h) While performing his duties, each member of the Board and each
adviser is entitled to not more than $5 a day and shall be reimbursed
under Government travel regulations for his travel expenses.
(Aug. 10, 1956, ch. 1041, 70A Stat. 434; Dec. 23, 1980, Pub. L.
96-579, 13(b), 94 Stat. 3369.)
In subsection (a) the words ''A Board of Visitors to the Naval
Academy is constituted annually'' are substituted for the words ''There
shall be appointed * * * every year a Board of Visitors'', since
appointments, in the strict sense, are not involved.
In subsection (b) the language establishing staggered terms is
eliminated as executed, and the existence of such terms is recognized by
the use of the words ''two persons shall be designated by him each year
to succeed the members whose terms expire that year''. No effect is
given to the language ''the nine Presidential appointees''. The
hearings indicate that one of the bills considered provided for nine
such ''appointees'', and it appears that the number nine was
inadvertently retained. The provision specifically authorizes only six
Presidential designees.
1980 -- Subsec. (b). Pub. L. 96-579 required member whose term of
office had expired to continue service until appointment of a successor.
Travel and subsistence expenses, see section 5701 et seq. of Title
5, Government Organization and Employees.
10 USC 6969. Band: composition
TITLE 10 -- ARMED FORCES
(a) The Naval Academy Band shall be composed of one leader, one
second leader, and such enlisted members of the Navy as may be assigned.
(b) In determining years of service for the purpose of retirement,
and in determining eligibility for reenlistment bonus, the members who
are assigned as leader and second leader shall be treated as if they had
not been so assigned.
(c) The enlisted members assigned to the Naval Academy Band shall be
distributed in grade substantially the same as in the United States Navy
Band.
(Aug. 10, 1956, ch. 1041, 70A Stat. 435; Sept. 7, 1962, Pub. L.
87-649, 14c(52), 76 Stat. 501.)
In subsection (a) the words ''of the Navy'' are supplied since the
requirement that the distribution in ratings be similar to that in the
United States Navy Band indicates that the Naval Academy Band should not
include members of the Marine Corps, and it is so interpreted.
In subsection (b) the words ''an officer in the grade of warrant
officer, W-1,'' are substituted for the words ''a warrant officer''
because the Warrant Officer Act of 1954 established the grade of warrant
officer, W-1, in lieu of all the former warrant officer (as
distinguished from commissioned warrant officer) grades. The second
sentence covers that part of the second proviso which relates to pay and
makes reference to the Career Compensation Act of 1949, since it is that
Act which governs entitlement to basic pay and the computation of
cumulative years of creditable service. Retirement rights and
reenlistment bonuses referred to in the second proviso are covered in
the third sentence of this subsection, giving recognition to the fact
that the status of the members who are assigned as leader and second
leader of the band remains unchanged in these respects.
1962 -- Subsec. (b). Pub. L. 87-649 repealed first and second
sentences which related to pay and allowances for the leader and second
leader of the Naval Academy Band, and to crediting of service for pay
purposes. See sections 207 and 424 of Title 37, Pay and Allowances of
the Uniformed Services.
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15
of Pub. L. 87-649, set out as an Effective Date note preceding section
101 of Title 37, Pay and Allowances of the Uniformed Services.
Section 3 of act July 17, 1953, ch. 226, 67 Stat. 180, authorized
President to appoint present leader of United States Navy Band to
permanent commissioned grade of commander in the Navy, and that such
appointment shall be deemed to be not in the line of the Navy or in any
staff corps of the Navy.
Pay and allowances, see sections 207 and 424 of Title 37, Pay and
Allowances of the Uniformed Services.
10 USC 6970. Storekeeper: detail; returns; inspection of accounts
TITLE 10 -- ARMED FORCES
(a) An officer of the Supply Corps shall be detailed as the
storekeeper at the Naval Academy. With the approval of the Secretary of
the Navy, he shall procure clothing and other necessary supplies for the
midshipmen in the same manner as supplies are procured for the Navy
generally. Supplies procured by the storekeeper shall be issued under
such regulations as the Secretary prescribes.
(b) Under such regulations as the Secretary prescribes, the
storekeeper shall make quarterly returns of the property to the head of
such office or agency in the Department of the Navy as the Secretary may
designate. The officer so designated shall report annually to the
Secretary the receipts and expenditures under this section.
(c) The storekeeper's accounts shall be inspected quarterly by the
inspector general of the Supply Corps. A report of the inspection, with
any recommendation of the inspector general, shall be made to the person
designated by the Secretary under subsection (b).
(Aug. 10, 1956, ch. 1041, 70A Stat. 435; Nov. 2, 1966, Pub. L.
89-718, 37, 80 Stat. 1120.)
In subsection (a) the words ''necessary supplies'' are substituted
for the word ''necessaries''.
In subsection (b) the words ''at the Naval Academy, authorized by the
preceding section'' are omitted as surplusage.
1966 -- Pub. L. 89-718 substituted the head of such office or agency
in the Department of the Navy as the Secretary may designate for the
Chief of the Bureau of Supplies and Accounts as the officer to whom the
storekeeper shall make quarterly returns and as the officer who shall
make annual reports to the Secretary of the receipts and expenditures
under this section and receive recommendations of the inspector general
based on quarterly inspections of the storekeeper's accounts.
10 USC 6971. Midshipmen's store, laundry, barber shop, cobbler shop,
tailor shop, and dairy: disposition of funds
TITLE 10 -- ARMED FORCES
(a) Funds collected from the operation of the midshipmen's store,
including the barber shop, cobbler shop, and tailor shop at the Naval
Academy, and the Academy dairy shall be deposited in the Treasury and
are available for operating expenses of these activities and for such
other expenditures as the Superintendent of the Naval Academy considers
necessary in the interest of the health, comfort, and education of the
midshipmen. The Superintendent shall account quarterly to the person
designated by the Secretary of the Navy under section 6970(b) of this
title for all receipts and expenditures under this subsection.
(b) Funds collected from the operation of the Academy laundry shall
be accounted for as public funds and are available for the maintenance
of necessary laundry service for Academy activities and personnel.
(Aug. 10, 1956, ch. 1041, 70A Stat. 435; Nov. 2, 1966, Pub. L.
89-718, 38, 80 Stat. 1120.)
In subsection (a) the second listing of the activities is omitted for
brevity.
In subsection (b) the words ''including midshipmen'' are omitted as
surplusage. The words ''are available for the maintenance of'' are
substituted for the words ''are appropriated for the purpose of
providing and maintaining''.
1966 -- Subsec. (a). Pub. L. 89-718 substituted ''person designated
by the Secretary of the Navy under section 6970(b) of this title'' for
''Bureau of Supplies and Accounts''.
10 USC 6972. Chapel: crypt and window spaces
TITLE 10 -- ARMED FORCES
The crypt and window spaces of the Naval Academy Chapel may be used
only for memorials to officers of the Navy who have successfully
commanded a fleet or squadron in battle or who have received the thanks
of Congress for conspicuously distinguished services in time of war. No
memorial to an officer may be accepted for, or installed in, the crypt
or window spaces until at least five years after the death of that
officer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 435.)
The words ''United States'' in connection with the chapel, the words
''of the United States'' in connection with naval officers and with
Congress, and the words ''or may receive'' are omitted as surplusage.
The proviso is omitted as executed.
10 USC 6973. Gifts and bequests: acceptance for benefit of Naval
Academy
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may accept, hold, administer, and spend
gifts and bequests of personal property made on the condition that it be
used for the benefit of, or for use in connection with, the Naval
Academy. Gifts and bequests of money and the proceeds from the sales of
property received as gifts shall be deposited in the Treasury in the
fund called ''United States Naval Academy general gift fund''. The
Secretary may disburse funds deposited under this subsection for the
benefit or use of the Naval Academy subject to the terms of the gift or
bequest.
(b) For the purpose of Federal income, estate, and gift taxes,
property that is accepted under this section is considered as a gift or
bequest to or for the use of the United States.
(c) Upon the request of the Secretary of the Navy, the Secretary of
the Treasury may invest, reinvest, or retain investments of money or
securities comprising any part of the United States Naval Academy
general gift fund in securities of the United States or in securities
guaranteed as to principal and interest by the United States. The
interest and benefits accruing from those securities shall be deposited
to the credit of the United States Naval Academy general gift fund and
may be disbursed as provided in this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 436.)
Acceptance of gifts and services generally, see sections 2601 and
2602 of this title.
10 USC 6974. Gifts and bequests: acceptance for benefit of museum
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may accept, hold, administer, and spend
gifts and bequests of personal property, and loans of personal property
other than money, for the benefit of the Naval Academy Museum, its
collection, or its services. Gifts or bequests of money shall be
deposited in the Treasury in the fund called ''United States Naval
Academy Museum Fund''. The Secretary may disburse funds so deposited
for the purposes specified in this section.
(b) For the purpose of Federal income, estate, and gift taxes,
property that is accepted under this section is considered as a gift or
bequest to or for the use of the United States.
(c) Upon the request of the Secretary of the Navy, the Secretary of
the Treasury may invest, reinvest, or retain investments of the money or
securities comprising any part of the United States Naval Academy Museum
Fund in securities of the United States or in securities guaranteed as
to principal and interest by the United States. The interest and
benefits accruing from those securities shall be deposited to the credit
of the United States Naval Academy Museum Fund and may be disbursed as
provided in this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 436.)
Acceptance of gifts and services generally, see sections 2601 and
2602 of this title.
10 USC CHAPTER 605 -- UNITED STATES NAVAL POSTGRADUATE SCHOOL
TITLE 10 -- ARMED FORCES
Sec.
7041. Function.
7042. Superintendent; assistants.
7043. Academic Dean.
7044. Civilian teachers: number; compensation.
7045. Officers of Army, Air Force, and Coast Guard: admission.
7046. Officers of foreign countries: admission.
7047. Students at institutions of higher education: admission.
7048. Conferring of degrees on graduates.
1992 -- Pub. L. 102-484, div. A, title X, 1073(b), Oct. 23, 1992,
106 Stat. 2511, added item 7047 and redesignated former item 7047 as
7048.
10 USC 7041. Function
TITLE 10 -- ARMED FORCES
There is a United States Naval Postgraduate School for the advanced
instruction and technical education of commissioned officers of the
naval service in their practical and theoretical duties.
(Aug. 10, 1956, ch. 1041, 70A Stat. 437.)
The words ''There is a'' are substituted for the words ''That the
Secretary of the Navy is hereby authorized and directed to establish
the'', as the Postgraduate School is in operation. The words
''technical education'' are substituted for the word ''training'' to
describe more aptly the higher level of instruction at the Postgraduate
School. The words ''naval service'' are substituted for the words
''Regular Navy and Marine Corps and the reserve components thereof''.
The word ''their'' is substituted for the words ''of commissioned
officers''.
10 USC 7042. Superintendent; assistants
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy shall detail as Superintendent of the
Naval Postgraduate School an officer on the active-duty list in the line
of the Navy eligible for command at sea not below the grade of captain.
The Superintendent has military command of the Postgraduate School.
(b) The Secretary shall detail officers of the Navy and the Marine
Corps of appropriate grades and qualifications to assist the
Superintendent in --
(1) the advanced instruction and technical education of students;
and
(2) the administration of the Postgraduate School.
(Aug. 10, 1956, ch. 1041, 70A Stat. 437; Dec. 12, 1980, Pub. L.
96-513, title V, 503(53), 94 Stat. 2915.)
In subsection (a) the word ''Regular'' is omitted as covered by the
term ''active list''.
In subsection (b) the words ''line and staff'' and ''as may be
necessary'' are omitted as surplusage. The word ''grades'' is
substituted for the word ''ranks''. The words ''advanced instruction
and technical education'' are substituted for the words ''training * * *
in the practical and theoretical duties of commissioned naval
officers''.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''active-duty list''
for ''active list''.
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 7043. Academic Dean
TITLE 10 -- ARMED FORCES
(a) There is at the Naval Postgraduate School the civilian position
of Academic Dean. The Academic Dean shall be appointed, to serve for
periods of not more than five years, by the Secretary of the Navy upon
the recommendation of the Postgraduate School Council consisting of the
Superintendent, the Deputy Superintendent, and the directors of the
Technical, Administrative, and Professional Divisions of the school.
(b) The Academic Dean is entitled to such compensation for his
services as the Secretary prescribes, but not more than the rate of
compensation authorized for grade GS-18 of the General Schedule under
section 5332 of title 5.
(Aug. 10, 1956, ch. 1041, 70A Stat. 437; Sept. 2, 1958, Pub. L.
85-861, 1(148), 72 Stat. 1513; Aug. 11, 1966, Pub. L. 89-536, 80 Stat.
346; Dec. 12, 1980, Pub. L. 96-513, title V, 513(22), 94 Stat. 2932.)
The words ''of the Naval Academy'' following ''Postgraduate School''
are dropped as a result of 4 of the Act of July 31, 1947 (supra). This
Act created the Postgraduate School and in effect transferred the
position of Academic Dean of the Postgraduate School of the Naval
Academy to the newly created Postgraduate School.
1980 -- Subsec. (b). Pub. L. 96-513 substituted ''authorized for
grade GS-18 of the General Schedule under section 5332 of title 5'' for
''provided for grade 18 of the general schedule of the Classification
Act of 1949, as amended''.
1966 -- Subsec. (b). Pub. L. 89-536 substituted for a limit of
$13,500 per annum a rate of compensation comparable to grade 18 of the
general schedule of the Classification Act of 1949, as amended.
1958 -- Pub. L. 85-861, among other changes, increased the maximum
compensation of the Academic Dean from $12,000 to $13,500 a year.
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.
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.
Retirement, see section 7081 et seq. of this title.
10 USC 7044. Civilian teachers: number; compensation
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may employ as many civilians as he
considers necessary to serve at the Naval Postgraduate School under the
direction of the Superintendent as senior professors, professors,
associate professors, assistant professors, and instructors. The
Secretary shall prescribe the compensation of those persons.
(Aug. 10, 1956, ch. 1041, 70A Stat. 437.)
The words ''as many * * * as he considers necessary'' are substituted
for the words ''such number * * * as in his opinion may be necessary for
the proper instruction of students in the theoretical, academic, and
scientific subjects pertaining to the technical and practical aspects of
the naval profession'' for brevity.
Retirement of civilian teachers, see section 7081 et seq. of this
title.
10 USC 7045. Officers of Army, Air Force, and Coast Guard: admission
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may permit officers of the Army, Air
Force, and Coast Guard to receive instruction at the Naval Postgraduate
School. The numbers and grades of such officers shall be as agreed upon
by the Secretary of the Navy with the Secretaries of the Army, Air
Force, and Transportation, respectively.
(b) The Department of the Army, the Department of the Air Force, and
the Department of Transportation shall bear the cost of the instruction
received by the students detailed for that instruction by the
Secretaries of the Army, Air Force, and Transportation, respectively.
(c) While receiving instruction at the Postgraduate School, officers
of the Army, Air Force, and Coast Guard are subject to the same
regulations as apply to students who are officers of the naval service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 437; Dec. 12, 1980, Pub. L.
96-513, title V, 513(23), 94 Stat. 2932.)
The section is enlarged to cover officers of the Air Force under
authority of 305(a) of the National Security Act of 1947, as amended (5
U.S.C. 171e).
In subsection (a) the words ''at the request of the Secretary of the
Army and the Secretary of the Treasury'' are omitted as surplusage. The
words ''to receive instruction'' are inserted after the listing of the
services and the words ''attendance and'' are omitted. The word
''grades'' is substituted for the word ''ranks''.
In subsection (c) the words ''rules and'' are omitted. The words
''who are officers of the naval service'' are substituted for the words
''of the United States Navy'', since officers of the Marine Corps are
occasionally ordered to attend the Postgraduate School on the same basis
as officers of the Navy.
1980 -- Subsec. (a). Pub. L. 96-513, 513(23), substituted
references to Transportation Department and Secretary for references to
Treasury Department and Secretary, respectively.
Subsec. (b). Pub. L. 96-513, 513(23)(A), substituted reference to
Transportation Secretary for reference to Treasury Secretary.
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 7046. Officers of foreign countries: admission
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy, upon authorization of the President,
may permit commissioned officers of the military services of foreign
countries to receive instruction at the Naval Postgraduate School.
(b) Officers receiving instruction under this section are subject to
the same regulations governing attendance, discipline, discharge, and
standards of study as apply to students who are officers of the United
States naval service.
(c) No officer of a foreign country is entitled to an appointment in
the Navy or the Marine Corps by reason of his completion of the
prescribed course of study at the Postgraduate School.
(Aug. 10, 1956, ch. 1041, 70A Stat. 438.)
In subsection (b) the words ''rules and'' are omitted. The words
''United States naval service'' are substituted for the words ''United
States Navy'' for uniformity.
In subsection (c) the words ''to any office or position'' are omitted
as surplusage. The words ''or Marine Corps'' are inserted, as the word
''Navy'' in this context has been interpreted to include officers of the
Marine Corps.
10 USC 7047. Students at institutions of higher education: admission
TITLE 10 -- ARMED FORCES
(a) Admission Pursuant to Reciprocal Agreement. -- The Secretary of
the Navy may enter into an agreement with an accredited institution of
higher education to permit a student described in subsection (b)
enrolled at that institution to receive instruction at the Naval
Postgraduate School on a tuition-free basis. In exchange for the
admission of the student, the institution of higher education shall be
required to permit an officer of the armed forces to attend on a
tuition-free basis courses offered by that institution corresponding in
length to the instruction provided to the student at the Naval
Postgraduate School.
(b) Eligible Students. -- A student enrolled at an institution of
higher education that is party to an agreement under subsection (a) may
be admitted to the Naval Postgraduate School pursuant to that agreement
if --
(1) the student is a citizen of the United States or lawfully
admitted for permanent residence in the United States; and
(2) the Secretary of the Navy determines that the student has a
demonstrated ability in a field of study designated by the Secretary as
related to naval warfare and national security.
(Added Pub. L. 102-484, div. A, title X, 1073(a)(2), Oct. 23, 1992,
106 Stat. 2510.)
A prior section 7047 was renumbered section 7048 of this title.
10 USC 7048. Conferring of degrees on graduates
TITLE 10 -- ARMED FORCES
(a) The Superintendent of the Naval Postgraduate School, under
regulations prescribed by the Secretary of the Navy, may confer on any
qualified graduate a bachelor's, master's, or doctor's degree in
engineering or a related field.
(b) A degree may not be conferred under this section unless the
curriculum leading to that degree is accredited by the appropriate
professional authority.
(Aug. 10, 1956, ch. 1041, 70A Stat. 438, 7047; renumbered 7048,
Pub. L. 102-484, div. A, title X, 1073(a)(1), Oct. 23, 1992, 106 Stat.
2510.)
In subsection (a) the words ''of science'' are omitted as surplusage
since the curriculum is in engineering and related fields.
In subsection (b) the words ''from time to time'' are omitted as
surplusage.
1992 -- Pub. L. 102-484 renumbered section 7047 of this title as
this section.
10 USC CHAPTER 607 -- RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING
STAFFS OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL
POSTGRADUATE SCHOOL
TITLE 10 -- ARMED FORCES
Sec.
7081. Civilian member; definition; exceptions.
7082. Deferred annuity policy required.
7083. Annuity premium to be paid by monthly installments;
government reimbursement.
7084. Age of retirement.
7085. Computation of life annuity.
7086. Physical disability retirement.
7087. Election of annuity for self and beneficiary.
7088. Regulations.
10 USC 7081. Civilian member: definition; exceptions
TITLE 10 -- ARMED FORCES
(a) In this chapter, the term ''civilian member'' means a civilian
member of the teaching staff of the United States Naval Academy or the
United States Naval Postgraduate School. It includes the Academic Dean
of the Postgraduate School, senior professors, professors, associate
professors, assistant professors, chief instructors, assistant chief
instructors, and instructors.
(b) This chapter does not apply to any civilian member who was
employed at the Naval Academy or the Postgraduate School on January 16,
1936, and who did not elect to participate in the benefits provided by
the Act of January 16, 1936, ch. 3 (49 Stat. 1092).
(c) This chapter does not apply to any person who was a civilian
member after September 30, 1956.
(Aug. 10, 1956, ch. 1041, 70A Stat. 438; Sept. 2, 1958, Pub. L.
85-861, 1(149), 72 Stat. 1513; Nov. 29, 1989, Pub. L. 101-189, div.
A, title XVI, 1622(e)(8), 103 Stat. 1605.)
Section 4 of the Act of January 16, 1936, ch. 3, 49 Stat. 1092,
provided that persons who were then members of the teaching staff should
have the right to participate in benefits under the Act if they
requested such participation within 60 days. Members who were then
under the civil-service retirement system were required to choose
whether they would remain under it or would participate in the system
established by the 1936 Act. They could not come under both. The
section also authorized the Secretary of the Navy to supplement the
retired income of members who elected to come under the 1936 Act and
whose age in 1936 was such that they could not purchase adequate
annuities before retiring. The provisions whereby members could elect
to participate were temporary and are executed. The provisions relating
to retired income are superseded by 4A, added by the Act of November
28, 1943, ch. 331, 57 Stat. 594. The only remaining effect of 4 and
the second proviso of 4A is to exclude from the benefits and
requirements of the 1936 Act persons who were members of the teaching
staff in 1936 and did not elect to participate.
Subsection (c) is added to reflect the effect on chapter 607 of this
title of the Act of July 31, 1956, ch. 804, 402(a) (70 Stat. 760)
which brought the civilian faculties of the Naval Academy and Naval
Postgraduate School under the Civil Service Retirement Act effective
October 1, 1956, and provided that on and after that date the Act of
January 16, 1936, ch. 3 (49 Stat. 1092) would no longer apply to
civilians employed at those schools on or after that date.
Act of January 16, 1936, ch. 3 (49 Stat. 1092), referred to in
subsec. (b), was classified to sections 1073 to 1073f of former Title
34, Navy, and was repealed by act Aug. 10, 1956, ch. 1041, 53, 70A
Stat. 641. See section 7081 et seq. of this title.
1989 -- Subsec. (a). Pub. L. 101-189 inserted '', the term'' after
''In this chapter''.
1958 -- Subsec. (c). Pub. L. 85-861 added subsec. (c).
10 USC 7082. Deferred annuity policy required
TITLE 10 -- ARMED FORCES
Each civilian member, as a part of his contract of employment, shall
carry, during his employment, a deferred annuity policy, having no cash
surrender or loan provision, in a joint-stock life insurance corporation
that is incorporated under the laws of a State and has a charter
restriction that its business must be conducted without profit to its
stockholders.
(Aug. 10, 1956, ch. 1041, 70A Stat. 439.)
The words ''whose employment commences from and after the date of
approval of this act'' are omitted as surplusage. Under 4 of the Act,
members already employed when the Act was approved were given 60 days in
which to decide whether or not they wished to participate in the
benefits provided by the Act. Those who chose not to participate are
excluded from the application of this chapter by 7081 of this title.
10 USC 7083. Annuity premium to be paid by monthly installments;
government reimbursement
TITLE 10 -- ARMED FORCES
Each civilian member shall make a monthly allotment in an amount
equal to 10 percent of his monthly basic salary toward the purchase of
his deferred annuity policy. For each month the allotment is in force,
the pay account of the civilian member shall be credited monthly from
appropriations made for this purpose with an additional amount equal to
5 percent of his monthly basic salary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 439; Nov. 2, 1966, Pub. L.
89-718, 39, 80 Stat. 1120.)
The words ''Chief, Field Branch, Bureau of Supplies and Accounts''
are substituted for the words ''Navy Allotment Office, Navy Department,
Washington, District of Columbia'', to designate the agency through
which allotments are now made.
1966 -- Pub. L. 89-718 removed requirement that the 10 percent
monthly allotment be made through the Chief, Field Branch, Bureau of
Supplies and Accounts.
10 USC 7084. Age of retirement
TITLE 10 -- ARMED FORCES
A civilian member may be retired at any time after his sixty-fifth
birthday, and shall be retired by June 30 following that birthday.
However, in any special case the Secretary of the Navy may defer the
retirement of a member until a date not later than the member's
seventieth birthday.
(Aug. 10, 1956, ch. 1041, 70A Stat. 439.)
The words ''individual and'' are omitted as surplusage.
10 USC 7085. Computation of life annuity
TITLE 10 -- ARMED FORCES
Each civilian member who retires under section 7084 of this title is
entitled to a life annuity computed by multiplying his average annual
compensation during any five consecutive years of allowable service, at
his option, by his number of years of service, not exceeding 35, and
dividing the product by 70. The retirement annuity payable to a retired
civilian member under a policy required by section 7082 of this title is
counted as part of the retirement annuity provided in this section. Any
difference between the amount received by the retired civilian member
under his annuity policy and the total annual amount to which he is
entitled under this section shall be paid to him by the Secretary of the
Navy from appropriations made for this purpose.
(Aug. 10, 1956, ch. 1041, 70A Stat. 439.)
The words ''terminable on his death at the rate of the following
total annual amount'' are omitted as surplusage, since they are covered
by the words ''life annuity''.
The words ''basic salary, pay, or'' are omitted as surplusage, since
they are covered by the word ''compensation''. The first proviso is
omitted as unnecessary, since all existing rights and benefits of
persons affected by this title are protected by a general saving
provision.
Section 30 of Pub. L. 85-861, Sept. 2, 1958, 72 Stat. 1563,
provided that:
''(a) A retired civilian member of the teaching staff of the United
States Naval Academy or the United States Naval Postgraduate School who
retired before April 1, 1948, is entitled to be paid, out of applicable
current appropriations, $300 a year in addition to the annuity to which
he is entitled under section 7085 of title 10 (this section).
''(b) A retired civilian member whose annuity, when increased by $300
under subsection (a), is less than $1,860 is entitled to be paid an
additional $300 a year out of applicable current appropriations.
''(c) Additions to the annuities of retired civilian members under
subsection (b) do not increase the annuities payable to the survivors of
those members.''
Pub. L. 85-40, May 31, 1957, 71 Stat. 42, provided: ''That the
annuities, payable under chapter 607 of title 10, United States Code
(this chapter), to civilian members of the teaching staff of the United
States Naval Academy or the United States Naval Postgraduate School are
increased as follows: That portion of an annuity which is not in excess
of $1,500 is increased by 12 per centum, and that portion of an annuity
which is in excess of $1,500 is increased by 8 per centum. These
increases shall not exceed the sum necessary to increase the annuity to
$4,104, and are in addition to the increases authorized by Public Law
371, Eighty-fourth Congress. The monthly installments of each annuity
shall be fixed at the nearest dollar.
''Sec. 2. The increases provided by section 1, when added to the
annuities of retired civilian members of the teaching staff of the
United States Naval Academy or the United States Naval Postgraduate
School, do not increase the annuities of their survivors. The annuity
of any such survivor, however, who is entitled to or becomes entitled to
an annuity under chapter 607 of title 10, United States Code (this
chapter), shall be increased in accordance with the following schedule:
''Sec. 3. Any provision of law, enacted after the effective date of
this Act (May 31, 1957), which increases the annuities of retired
employees and their survivors who are entitled to annuities under the
Civil Service Retirement Act of May 29, 1930, as amended (5 U.S.C. 691
et seq.) (now covered by section 8331 et seq. 30 of Title 5), shall be
applicable in like manner and to the same extent to civilian members of
the teaching staff of the United States Naval Academy and of the United
States Naval Postgraduate School and their survivors who are entitled to
annuities under chapter 607 of title 10, United States Code (this
chapter).''
10 USC 7086. Physical disability retirement
TITLE 10 -- ARMED FORCES
(a) Each civilian member who has served not less than five years, and
who, before reaching the age of 65, becomes totally disabled for useful
and efficient service in his position, by reason of disease or injury
not due to his own vicious habits, intemperance, or willful misconduct
shall, upon his application or upon the request of the Secretary of the
Navy, be retired with a life annuity computed under section 7085 of this
title.
(b) The amount that the Secretary shall pay annually under this
section is the difference between the total amount to which the retired
member is entitled under subsection (a) and the immediate life annuity
to which he is entitled at the time of his disability retirement under
the annuity policy required by section 7082 of this title.
(c) Each civilian member retired under this section, unless the
disability for which he was retired is permanent in character, shall be
examined by a board of medical officers designated by the Superintendent
of the Naval Academy or of the Postgraduate School, as appropriate, one
year after his retirement and annually thereafter, until he becomes 65
years of age.
(d) Payments by the Secretary under this section shall be terminated
if the retired civilian member is found to be sufficiently recovered for
useful and efficient service in his former position and is offered
reemployment in that position by the Superintendent.
(e) If a civilian member retired under this section is later
reemployed by the United States, the payments by the Secretary shall be
terminated.
(f) Each civilian member retired under this section who is reemployed
as a civilian member of the teaching staff of the Naval Academy or the
Naval Postgraduate School shall, upon his later retirement, be paid
annually by the Secretary the difference between the total annual amount
computed under section 7085 of this title and the immediate life annuity
which the total premiums paid on his annuity contracts would buy.
(g) No person may receive payments from the Secretary of the Navy
under this chapter and, for the same period of time, compensation under
chapter 81 of title 5.
(Aug. 10, 1956, ch. 1041, 70A Stat. 439; Nov. 2, 1966, Pub. L.
89-718, 40, 80 Stat. 1120.)
In subsection (a) the words ''reaching the age of 65'' are
substituted for the words ''becoming eligible for retirement under the
conditions defined in the preceding sections hereof'', since a civilian
member's 65th birthday is the date on which he becomes eligible for
retirement under this chapter.
In subsection (c) the words ''or the Postgraduate School, as
appropriate'' are inserted because the Postgraduate School and the Naval
Academy are now two separate institutions.
In subsection (f) the words ''or the Naval Postgraduate School'' are
inserted for the same reason.
In subsection (g) the words ''Federal Employees Compensation Act of
September 7, 1916, as amended (5 U.S.C. 751 et seq.),'' are substituted
for the words ''Act of Sept. 7, 1916, entitled 'An act to provide
compensation for employees of the United States suffering injuries while
in the performance of their duties, and for other purposes'''.
Authority for referring to this Act as the Federal Employees
Compensation Act is contained in the Federal Employees Compensation Act
Amendments of 1949, 63 Stat. 854. The words ''but this provision shall
not bar the right of any claimant to the greater benefit conferred by
either Act for any part of the same period'' are omitted as unnecessary.
1966 -- Subsec. (g). Pub. L. 89-718 substituted ''chapter 81 of
title 5'' for ''sections 751-756, 757-791, and 793 of title 5''.
10 USC 7087. Election of annuity for self and beneficiary
TITLE 10 -- ARMED FORCES
(a) At the time of his retirement, a civilian member retiring under
this chapter may elect to receive instead of the amount payable annually
by the Secretary of the Navy under section 7085 or 7086 of this title a
reduced annuity for his life and an annuity payable after his death to
his beneficiary in either --
(1) an amount equal to his reduced annuity; or
(2) an amount equal to 50 percent of his reduced annuity.
The annuities payable to principal and beneficiary, under either
election, shall be in amounts that have, on the date of the retirement
of the civilian member, a combined actuarial value equal to the
actuarial value of the annuity payable by the Secretary under section
7085 or 7086 of this title, as determined under actuarial tables
prepared by the Director of the Office of Personnel Management.
(b) If the civilian member elects to take a reduced annuity under
this section, he shall, at the time of his retirement, designate the
beneficiary in writing and file the designation with the Secretary.
(c) The annuity payable under this section to the beneficiary of a
deceased civilian member shall be terminated upon the death of the
beneficiary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 440; Oct. 12, 1982, Pub. L.
97-295, 1(45), 96 Stat. 1298.)
In subsection (a) the words ''under actuarial tables prepared by the
Civil Service Commission'' are substituted for the words ''under the
provisions of the Civil Service Retirement Act'' because that Act, as
amended in 1948, no longer provides for the computation of actuarial
values. The Secretary of the Navy, in administering the provisions of
law codified in this section, uses tables prepared by the Civil Service
Commission prior to the 1948 amendment.
This amends 10:7087(a) to reflect the transfer of functions from the
Civil Service Commission to the Director of the Office of Personnel
Management under section 102 of Reorganization Plan No. 2 of 1978 (eff.
Jan. 1, 1979, 92 Stat. 3783).
1982 -- Subsec. (a). Pub. L. 97-295 substituted ''Director of the
Office of Personnel Management'' for ''Civil Service Commission''.
10 USC 7088. Regulations
TITLE 10 -- ARMED FORCES
The Secretary of the Navy shall prescribe regulations for the
administration of this chapter.
(Aug. 10, 1956, ch. 1041, 70A Stat. 441.)
The appropriations authorization in the second sentence of the source
is omitted as unnecessary.
10 USC CHAPTER 609 -- PROFESSIONAL MILITARY EDUCATION SCHOOLS
TITLE 10 -- ARMED FORCES
Sec.
7101. Naval War College: master of arts in national security and
strategic studies.
10 USC 7101. Naval War College: master of arts in national security
and strategic studies
TITLE 10 -- ARMED FORCES
(a) Authority. -- Upon the recommendation of the faculty of the Naval
War College, the President of the college may confer the degree of
master of arts in national security and strategic studies upon graduates
of the college who fulfill the requirements for the degree.
(b) Regulations. -- The authority provided by subsection (a) shall be
exercised under regulations prescribed by the Secretary of the Navy.
(c) Naval War College Defined. -- In this section, the term ''Naval
War College'' means the College of Naval Warfare and the College of
Naval Command and Staff.
(Added Pub. L. 101-510, div. A, title IX, 912(a), Nov. 5, 1990, 104
Stat. 1626.)
10 USC PART IV -- GENERAL ADMINISTRATION
TITLE 10 -- ARMED FORCES
Chap. Sec.
631.
Secretary of the Navy: Miscellaneous Powers and Duties 7201
633.
Naval Vessels 7291
635.
Naval Aircraft 7341
637.
Salvage Facilities 7361
639.
United States Naval Observatory 7395
641.
Naval Petroleum Reserves 7420
643.
Civilian Employees 7471
645.
Procurement of Supplies and Services 7521
647.
Disposal of Obsolete or Surplus Material 7541
649.
Quarters, Utilities, and Related Services 7571
651.
Ships' Stores and Commissary Stores 7601
653.
Claims 7621
655.
Prize 7651
657.
Stay of Judicial Proceedings 7721
659.
Naval Militia 7851
661.
Accountability and Responsibility 7861
663.
Names and Insignia 7881
1984 -- Pub. L. 98-525, title XV, 1532(a)(2), Oct. 19, 1984, 98
Stat. 2631, added item for chapter 663.
1982 -- Pub. L. 97-295, 1(50)(H), Oct. 12, 1982, 96 Stat. 1300,
struck out ''Naval Oceanographic Office and'' after ''United States'' in
item for chapter 639.
Pub. L. 97-295, 1(51)(B), Oct. 12, 1982, 96 Stat. 1300, added item
for chapter 661.
1980 -- Pub. L. 96-513, title V, 513(1), Dec. 12, 1980, 94 Stat.
2931, substituted ''7420'' for ''7421'' in item for chapter 641.
1962 -- Pub. L. 87-533, 2, July 10, 1962, 76 Stat. 155,
substituted ''United States Naval Oceanographic'' for ''Hydrographic''
in item for chapter 639.
10 USC CHAPTER 631 -- SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND
DUTIES
TITLE 10 -- ARMED FORCES
Sec.
7201. Guided missiles: research and development, procurement, and
construction.
(7202. Repealed.)
7203. Scientific investigation and research.
7204. Schools near naval activities: financial aid.
7205. Promotion of health and prevention of accidents.
(7206. Repealed.)
7207. Administration of liberated and occupied areas.
(7208, 7209. Repealed.)
7210. Purchase of patents, patent applications, and licenses.
7211. Attendance at meetings of technical, professional, or
scientific organizations.
7212. Employment of outside architects and engineers.
7213. Relief of contractors and their employees from losses by enemy
action.
7214. Apprehension of deserters and prisoners; operation of shore
patrols.
(7215. Repealed.)
7216. Collection, preservation, and display of captured flags.
(7217, 7218. Repealed.)
7219. Leases of waterfront property from States or municipalities.
7220. Gifts for welfare of enlisted members.
7221. Acceptance and care of gifts to vessels.
7222. Office of Naval Records and History gift fund.
7223. Acquisition of land for radio stations and for other purposes.
7224. Transportation on naval vessels during wartime.
7225. Naval Reserve flag.
7226. Naval Reserve yacht pennant.
7227. Foreign naval vessels and aircraft: supplies and services.
7228. Merchant vessels: supplies.
7229. Purchase of fuel.
7230. Sale of degaussing equipment.
7231. Accounting for expenditures for obtaining information.
1990 -- Pub. L. 101-510, div. A, title XIII, 1331(8), Nov. 5,
1990, 104 Stat. 1673, struck out item 7217 ''Annual report to Congress:
appropriations''.
1988 -- Pub. L. 100-370, 1(e)(3)(B), July 19, 1988, 102 Stat. 845,
struck out item 7209 ''Rewards for recovery of missing naval property''.
1984 -- Pub. L. 98-525, title XIV, 1401(d)(3)(B), (j)(3)(B), Oct.
19, 1984, 98 Stat. 2616, 2620, struck out ''; transportation of
dependents'' at end of item 7204 and struck out item 7208 ''Latin
American cooperation''.
1982 -- Pub. L. 97-258, 2(b)(11)(A), Sept. 13, 1982, 96 Stat.
1057, added item 7231.
1975 -- Pub. L. 94-106, title VIII, 804(b), Oct. 7, 1975, 89 Stat.
538, struck out item 7202 ''Emergency and extraordinary expenses''.
1968 -- Pub. L. 90-377, 4, July 5, 1968, 82 Stat. 288, struck out
item 7215 ''Naval prisons, prison farms, and prisoners''.
1966 -- Pub. L. 89-529, 1(4), Aug. 11, 1966, 80 Stat. 339, struck
out item 7218 ''Recognition for accomplishments, special service, and
good conduct''.
1959 -- Pub. L. 86-55, 2, June 23, 1959, 73 Stat. 89, inserted
''and aircraft'' in item 7227.
1958 -- Pub. L. 85-861, 1(150), Sept. 2, 1958, 72 Stat. 1513,
struck out item 7206 ''Minor construction and extension of structures''.
1957 -- Pub. L. 85-43, 1(2), May 31, 1957, 71 Stat. 45, added item
7230.
10 USC 7201. Guided missiles: research and development, procurement,
and construction
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may --
(1) conduct research and development relating to guided missiles;
and
(2) procure and construct guided missiles.
(Aug. 10, 1956, ch. 1041, 70A Stat. 442.)
The words ''The Secretary of the Navy'' are substituted for the words
''the Department of the Navy'' to conform to other similar statements of
authority. No change in meaning results since all such authority is
vested in the Secretary.
The words ''conduct research and development relating to guided
missiles'' are substituted for the words ''research and development of
guided missiles''.
Research and development, generally, see section 2352 et seq. of
this title.
10 USC ( 7202. Repealed. Pub. L. 94-106, title VIII, 804(b), Oct. 7,
1975, 89 Stat. 538)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 442, related to
authority of Secretary of the Navy to provide for emergency and
extraordinary expenses and to delegation of such authority to other
persons in the Department of the Navy. See section 140 of this title.
10 USC 7203. Scientific investigation and research
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may make such expenditures as he
considers appropriate for scientific investigations and research from
any naval appropriation available for those purposes.
(b) The Secretary, to the extent he considers proper, may delegate
the authority conferred by this section to any person in the Department
of the Navy, with or without the authority to make successive
redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 442; Sept. 2, 1958, Pub. L.
85-861, 33(a)(34), 72 Stat. 1566.)
In subsection (a) the words ''from any'' are substituted for the
words ''out of and in accordance with'', for brevity.
In subsection (b) the words ''except the authority to prescribe
regulations'' are omitted, since 5 U.S.C. 421e(a) contains no authority
for the Secretary of the Navy to prescribe regulations for the
administration of that section.
1958 -- Subsec. (b). Pub. L. 85-861 substituted ''the authority to
make'' for ''the authority to make''.
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.
Research and development, generally, see section 2352 et seq. of
this title.
10 USC 7204. Schools near naval activities: financial aid
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may contribute, out of funds
specifically appropriated for the purpose, to the support of schools in
any locality where a naval activity is located if he finds that the
schools available in the locality are inadequate for the welfare of the
dependents of --
(1) members of the naval service;
(2) civilian officers and employees of the Department of the Navy;
(3) members of the Coast Guard when it is operating as a service in
the Navy; and
(4) members of the National Oceanic and Atmospheric Administration
serving with the Navy;
who are stationed at the activity.
(b) The Secretary, to the extent he considers proper, may delegate
the authority conferred by this section to any person in the Department
of the Navy, with or without the authority to make successive
redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 442; Nov. 2, 1966, Pub. L.
89-718, 8(a), 80 Stat. 1117; Dec. 12, 1980, Pub. L. 96-513, title V,
513(24), 94 Stat. 2932; Oct. 19, 1984, Pub. L. 98-525, title XIV,
1401(j)(3)(A), (B), 98 Stat. 2620; Nov. 8, 1985, Pub. L. 99-145, title
XIII, 1303(a)(23), 99 Stat. 739.)
In subsection (b) the words ''except the authority to prescribe
regulations'' are omitted, since 5 U.S.C. 421d contains no authority for
the Secretary of the Navy to prescribe regulations for the
administration of that section.
1985 -- Subsec. (a). Pub. L. 99-145 ran in ''contribute, out of''
after ''Secretary of the Navy may'', and realigned margins of cls. (1)
to (4) and provision following cl. (4).
1984 -- Pub. L. 98-525, 1401(j)(3)(B), struck out '';
transportation of dependents'' in section catchline.
Subsec. (a). Pub. L. 98-525, 1401(j)(3)(A), substituted ''The
Secretary of the Navy may'' for ''The Secretary of the Navy may -- '',
struck out ''(1)'' before ''contribute out of'', thereby eliminating
paragraph designation, redesignated cls. (A) to (D) as (1) to (4),
respectively, substituted ''the activity.'' for ''the activity; and'',
and struck out par. (2), which provided for transportation between the
schools and the activity when the schools are not accessible by regular
means of transportation.
1980 -- Subsec. (a)(1)(D). Pub. L. 96-513 substituted ''National
Oceanic and Atmospheric Administration'' for ''Environmental Science
Services Administration''.
1966 -- Subsec. (a)(1)(D). Pub. L. 89-718 substituted
''Environmental Science Services Administration'' for ''Coast and
Geodetic Survey''.
Amendment by Pub. L. 98-525 effective Oct. 1, 1985, see section
1404 of Pub. L. 98-525, set out as an Effective Date note under section
520b of this title.
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.
The directory language of, but not the amendment made by, Pub. L.
89-718, 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this
section, was repealed by Pub. L. 97-295, 6(b), Oct. 12, 1982, 96
Stat. 1314.
10 USC 7205. Promotion of health and prevention of accidents
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may make such expenditures as he
considers appropriate to prevent accidents and to promote the safety and
occupational health of --
(1) members of the naval service on active duty;
(2) civilian officers and employees of the Department of the Navy;
(3) members of the Coast Guard when it is operating as a service in
the Navy; and
(4) members of the National Oceanic and Atmospheric Administration
serving with the Navy.
The expenditures may include payments for clothing, equipment, and
other materials necessary for the purposes of this section. Any
appropriation available for the activities in which the personnel are
engaged shall be available for these purposes.
(b) The Secretary, to the extent he considers proper, may delegate
the authority conferred by this section to any person in the Department
of the Navy, with or without the authority to make successive
redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 443; Nov. 2, 1966, Pub. L.
89-718, 8(a), 80 Stat. 1117; Dec. 12, 1980, Pub. L. 96-513, title V,
513(24), 94 Stat. 2932.)
In subsection (a) the word ''maintenance'' is omitted as surplusage.
In subsection (b) the words ''except the authority to prescribe
regulations'' are omitted, since 5 U.S.C. 421e(b) contains no authority
for the Secretary of the Navy to prescribe regulations for the
administration of that section.
1980 -- Subsec. (a)(4). Pub. L. 96-513 substituted ''National
Oceanic and Atmospheric Administration'' for ''Environmental Science
Services Administration''.
1966 -- Subsec. (a)(4). Pub. L. 89-718 substituted ''Environmental
Science Services Administration'' for ''Coast and Geodetic Survey''.
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.
The directory language of, but not the amendment made by, Pub. L.
89-718, 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this
section, was repealed by Pub. L. 97-295, 6(b), Oct. 12, 1982, 96
Stat. 1314.
10 USC ( 7206. Repealed. Pub. L. 85-861, 36B(22), Sept. 2, 1958, 72
Stat. 1571)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 443, related to
minor construction and extension of structures.
10 USC 7207. Administration of liberated and occupied areas
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may, out of any appropriation made for
the purpose, provide for the administration of liberated and occupied
areas by the Department of the Navy.
(b) The Secretary, to the extent he considers proper, may delegate
the authority conferred by this section to any person in the Department
of the Navy, with or without the authority to make successive
redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 443.)
In subsection (b) the words ''except the authority to prescribe
regulations'' are omitted, since 5 U.S.C. 421f contains no authority for
the Secretary of the Navy to prescribe regulations for the
administration of that section.
10 USC ( 7208. Repealed. Pub. L. 98-525, title XIV, 1401(d)(3)(A),
Oct. 19, 1984, 98 Stat. 2616)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 443, authorized
the Secretary of the Navy to pay the travel, subsistence, special
compensation, and other expenses of officers and students of Latin
American countries that the Secretary considers necessary for Latin
American cooperation. See section 1050 of this title.
Repeal effective Oct. 1, 1985, see section 1404 of Pub. L. 98-525,
set out as an Effective Date note under section 520b of this title.
10 USC ( 7209. Repealed. Pub. L. 100-370, 1(e)(3)(A), July 19, 1988,
102 Stat. 845)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 444, related to
rewards for recovery of missing naval property. See section 2252 of
this title.
10 USC 7210. Purchase of patents, patent applications, and licenses
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may buy letters patent, applications
for letters patent, and licenses under either letters patent or
applications for letters patent. The purchases shall be made from
appropriations available for the purchase or manufacture of the
equipment or material to which the purchased letters patent,
applications, or licenses pertain.
(b) The Secretary, to the extent he considers proper, may delegate
the authority conferred by this section to any person in the Department
of the Navy, with or without the authority to make successive
redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 444.)
In subsection (a) the words ''may buy'' are substituted for the words
''is authorized to provide for the purchase'' for brevity.
In subsection (b) the words ''except the authority to prescribe
regulations'' are omitted, since 34 U.S.C. 584 contains no authority for
the Secretary of the Navy to prescribe regulations for the
administration of that section.
Use of appropriations for acquisition of copyrights, patents,
designs, etc., see section 2386 of this title.
10 USC 7211. Attendance at meetings of technical, professional, or
scientific organizations
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may authorize --
(1) members of the naval service on active duty;
(2) civilian officers and employees of the Department of the Navy;
(3) members of the Coast Guard when it is operating as a service in
the Navy; and
(4) members of the National Oceanic and Atmospheric Administration
serving with the Navy;
to attend meetings of technical, professional, scientific, and
similar organizations, if the Secretary believes that their attendance
will benefit the Department. The personnel may be reimbursed for their
expenses at the rates prescribed by law.
(b) The Secretary, to the extent he considers proper, may delegate
the authority conferred by this section to any person in the Department
of the Navy, with or without the authority to make successive
redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 444; Nov. 2, 1966, Pub. L.
89-718, 8(a), 80 Stat. 1117; Dec. 12, 1980, Pub. L. 96-513, title V,
513(24), 94 Stat. 2932.)
In subsection (b) the words ''except the authority to prescribe
regulations'' are omitted, since 5 U.S.C. 421c contains no authority for
the Secretary of the Navy to prescribe regulations for the
administration of that section.
1980 -- Subsec. (a)(4). Pub. L. 96-513 substituted ''National
Oceanic and Atmospheric Administration'' for ''Environmental Science
Services Administration''.
1966 -- Subsec. (a)(4). Pub. L. 89-718 substituted ''Environmental
Science Services Administration'' for ''Coast and Geodetic Survey''.
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.
The directory language of, but not the amendment made by, Pub. L.
89-718, 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this
section, was repealed by Pub. L. 97-295, 6(b), Oct. 12, 1982, 96
Stat. 1314.
10 USC 7212. Employment of outside architects and engineers
TITLE 10 -- ARMED FORCES
(a) Whenever the Secretary of the Navy believes that the existing
facilities of the Department of the Navy are inadequate and he considers
it advantageous to national defense, he may employ, by contract or
otherwise, without advertising and without reference to sections 305,
3324, and 7204, chapter 51, and subchapters III, IV, and VI of chapter
53 of title 5, architectural or engineering corporations, or firms, or
individual architects or engineers, to produce designs, plans, drawings,
and specifications for the accomplishment of any naval public works or
utilities project or for the construction of any vessel or aircraft, or
part thereof.
(b) The fee for any service under this section may not exceed 6
percent of the estimated cost, as determined by the Secretary, of the
project to which the fee applies.
(Aug. 10, 1956, ch. 1041, 70A Stat. 444; Nov. 2, 1966, Pub. L.
89-718, 28, 80 Stat. 1119; Oct. 13, 1978, Pub. L. 95-454, title VII,
703(c)(3), title VIII, 801(a)(3)(I), 92 Stat. 1217, 1222; Dec. 12,
1980, Pub. L. 96-513, title V, 513(25), 94 Stat. 2932.)
In subsection (a) the word ''outside'' is omitted as surplusage and
the words ''architects or engineers'' are inserted for clarity. The
words ''without advertising'' are substituted for the reference to R.S.
3609, for brevity and clarity.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''and 7204, chapter
51, and subchapters III, IV, and VI of chapter 53 of'' for ''5101-5115,
5331-5338, 5341, 5342, and 7204 of title 5 and subchapter VI of chapter
53 of such''.
1978 -- Subsec. (a). Pub. L. 95-454, 801(a)(3)(I), inserted
reference to subchapter VI of chapter 53 of title 5.
Pub. L. 95-454, 703(c)(3), substituted ''7204'' for ''7154''.
1966 -- Subsec. (a). Pub. L. 89-718 substituted ''sections 305,
3324, 5101-5115, 5331-5338, 5341, 5342, and 7154 of title 5'' for
''sections 1071-1153 of title 5''.
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 section 703(c)(3) of Pub. L. 95-454 effective 90 days
after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a
note under section 1101 of Title 5, Government Organization and
Employees.
Amendment by section 801(a)(3)(I) of Pub. L. 95-454 effective on
first day of first applicable pay period beginning on or after 90th day
after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95-454, set out
as an Effective Date note under section 5361 of Title 5.
10 USC 7213. Relief of contractors and their employees from losses by
enemy action
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may use funds appropriated for the
construction of public works for the temporary relief of contractors and
their employees from losses resulting directly from enemy action.
(Aug. 10, 1956, ch. 1041, 70A Stat. 445.)
The words ''heretofore or hereafter'' and ''naval'' are omitted as
surplusage.
10 USC 7214. Apprehension of deserters and prisoners; operation of
shore patrols
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may make such expenditures out of
available appropriations as he considers necessary to --
(1) apprehend and deliver deserters, stragglers, and prisoners; and
(2) operate shore patrols.
(b) The Secretary, to the extent he considers proper, may delegate
the authority conferred by this section to any person in the Department
of the Navy, with or without the authority to make successive
redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 445.)
In subsection (a) the word ''naval'' is omitted as surplusage.
In subsection (b) the words ''except the authority to prescribe
regulations'' are omitted, since 34 U.S.C. 606 contains no authority for
the Secretary of the Navy to prescribe regulations for the
administration of that section.
Expenses and rewards for apprehension and delivery of deserters,
prisoners, and members absent without leave, see section 956 of this
title.
10 USC ( 7215. Repealed. Pub. L. 90-377, 6(2), July 5, 1968, 82 Stat.
288)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 445, authorized
Secretary of the Navy to maintain and operate naval prisons and prison
farms and to provide for subsistence, welfare, recreation, and education
of naval prisoners.
10 USC 7216. Collection, preservation, and display of captured flags
TITLE 10 -- ARMED FORCES
The Secretary of the Navy shall collect all flags, standards, and
colors taken by the Navy or the Marine Corps from enemies of the United
States. These flags, standards, and colors shall be delivered to the
President. Under his direction they shall be preserved and displayed in
any public place he considers proper.
(Aug. 10, 1956, ch. 1041, 70A Stat. 445.)
The words ''from time to time cause to be'', ''transmitted to him'',
and ''for the purpose of being'' are omitted as surplusage. The words
''Marine Corps'' are inserted for clarity, since the provision is
interpreted as applicable thereto.
Collection of flags, standards, and colors captured by the Army, see
section 4714 of this title.
10 USC ( 7217. Repealed. Pub. L. 101-510, div. A, title XIII,
1322(a)(15), Nov. 5, 1990, 104 Stat. 1672)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 445, related to
reports to Congress concerning appropriations for Department of the
Navy.
10 USC ( 7218. Repealed. Pub. L. 89-529, 1(3), Aug. 11, 1966, 80
Stat. 339; Pub. L. 97-295, 1(46), Oct. 12, 1982, 96 Stat. 1298)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 445, authorized
Secretary of Navy to give special recognition to members of naval
service for excellence, special service and good conduct in naval
service. Subsec. (b) of this section was amended by Pub. L. 89-718,
8(a), Nov. 2, 1966, 80 Stat. 1117, subsequent to repeal of this
section by Pub. L. 89-529, and as so amended had provided that the
Secretary had the same power with respect to members of Coast Guard when
the Coast Guard was operating as a service in the Navy and to members of
Environmental Science Services Administration serving with the Navy.
Pub. L. 97-295, 1(46), repealed subsec. (b). Pub. L. 89-718, 8(a),
was repealed by Pub. L. 97-295, 6(b), Oct. 12, 1982, 96 Stat. 1314.
10 USC 7219. Leases of waterfront property from States or
municipalities
TITLE 10 -- ARMED FORCES
In leasing waterfront property from a State or municipality, the
Secretary of the Navy may provide in the lease, where it is required by
state law or municipal charter, that, as part or all of the
consideration, any improvements placed upon the property by the United
States become the property of the lessor when the lease, including any
renewal, ends.
(Aug. 10, 1956, ch. 1041, 70A Stat. 446.)
10 USC 7220. Gifts for welfare of enlisted members
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may accept gifts for use in providing
recreation, amusement, and contentment for enlisted members of the naval
service. The fund ''Ships' Stores Profits, Navy'' shall be credited
with these gifts.
(Aug. 10, 1956, ch. 1041, 70A Stat. 446.)
The words ''and contributions from organizations, individuals, or
others'' are omitted as surplusage.
Acceptance of gifts and services, see section 2601 et seq. of this
title.
10 USC 7221. Acceptance and care of gifts to vessels
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may accept and care for such gifts of
silver, colors, books, or other articles of equipment or furniture as,
in accordance with custom, are made to vessels of the Navy. Necessary
expenses incident to the care of gifts that are accepted shall be paid
from the appropriation for the maintenance and operation of vessels.
(Aug. 10, 1956, ch. 1041, 70A Stat. 446.)
The words ''in the form'' and ''by States, municipalities, or
otherwise'' are omitted as surplusage. The words ''the appropriation
for the maintenance and operation of vessels'' are substituted for the
words ''the appropriation 'Equipment of Vessels''' to identify by a
general description, rather than by a specific appropriation title, the
appropriation authorized to be used.
Acceptance of gifts and services, see section 2601 et seq. of this
title.
10 USC 7222. Office of Naval Records and History gift fund
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may accept, hold, and administer gifts
and bequests of personal property, and loans of personal property other
than money, for the benefit of the Office of Naval Records and History,
its collection, or its services. Gifts or bequests of money shall be
deposited in the Treasury in a trust fund called ''Office of Naval
Records and History Fund.''
(b) For the purpose of Federal income, estate, and gift taxes,
property that is accepted under this section is considered as a gift or
bequest to or for the use of the United States.
(c) Upon the request of the Secretary of the Navy, the Secretary of
the Treasury may invest or reinvest all or any part of the funds
deposited under this section in securities of the United States or in
securities guaranteed by the United States. The interest accruing from
these securities shall be deposited to the credit of the Office of Naval
Records and History Fund.
(Aug. 10, 1956, ch. 1041, 70A Stat. 446.)
In subsection (a) the word ''receive'' and the words ''from
individuals or others'' and ''of the United States'' are omitted as
surplusage. The title of the ''Office of Naval Records and Library,
Navy Department'' is changed to ''Office of Naval Records and History'',
in accordance with a directive of the Secretary of the Navy dated March
10, 1949.
Subsection (b) is rewritten for clarity and to conform to a similar
statement appearing in 5 U.S.C. 150s.
Acceptance of gifts and services, see section 2601 et seq. of this
title.
10 USC 7223. Acquisition of land for radio stations and for other
purposes
TITLE 10 -- ARMED FORCES
Land of the United States that is under the control of any department
or agency of the United States may be mutually selected as a site for a
naval radio station by the Secretary of the Navy and the head of the
department or agency having control of the land. By direction of the
President, land so selected may be transferred to and placed under the
jurisdiction of the Department of the Navy for use as a naval radio
station or for any other naval purpose.
(Aug. 10, 1956, ch. 1041, 70A Stat. 447.)
The word ''agency'' is substituted for the word ''branch'' to conform
to present terminology. The words ''by the Secretary of the Navy and
the head of the department or agency having control of the land'' are
added to identify the officials who ''mutually'' select the site.
10 USC 7224. Transportation on naval vessels during wartime
TITLE 10 -- ARMED FORCES
In time of war or during a national emergency declared by the
President, such persons as the Secretary of the Navy authorizes by
regulation may be transported and subsisted on naval vessels at
Government expense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 447.)
Joint Res. July 25, 1947, ch. 327, 3, 61 Stat. 451, provided that
in the interpretation of section 474 of former Title 34, the date July
25, 1947, should be deemed to be the date of termination of any state of
war theretofore declared by Congress and of the national emergencies
proclaimed by the President on Sept. 8, 1939, and May 27, 1941.
The state of war with Japan ended on Apr. 28, 1952, by the coming
into effect of the Treaty of Peace with Japan on that date. The state
of war with Germany ended on Oct. 19, 1951. See notes preceding
section 1 of Appendix to Title 50, War and National Defense.
10 USC 7225. Naval Reserve flag
TITLE 10 -- ARMED FORCES
The Secretary of the Navy shall prescribe a suitable flag to be known
as the Naval Reserve flag. This flag may be flown by a seagoing
merchant vessel if --
(1) the vessel is documented under the laws of the United States;
(2) the vessel has been designated by the Secretary, under such
regulations as he prescribes, as suitable for service as a naval
auxiliary in time of war; and
(3) the master or commanding officer and at least half of the other
licensed officers of the vessel are members of the Navy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 447.)
In clause (3) the words ''at least half'' are substituted for the
words ''not less than 50 per centum''. The words ''or Naval Reserve''
are omitted as surplusage, since the Navy includes the Naval Reserve.
Regulations to carry out this section, see section 280 of this title.
10 USC 7226. Naval Reserve yacht pennant
TITLE 10 -- ARMED FORCES
The Secretary of the Navy shall prescribe a suitable pennant to be
known as the Naval Reserve yacht pennant. This pennant may be flown by
a yacht or similar vessel if --
(1) the vessel is documented under the laws of the United States;
(2) the vessel has been designated by the Secretary, under such
regulations as he prescribes, as suitable for service as a naval
auxiliary in time of war; and
(3) the captain or owner of the vessel is a member of the Navy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 447.)
In clause (3) the words ''or Naval Reserve'' are omitted as
surplusage, since the Navy includes the Naval Reserve.
Regulations to carry out this section, see section 280 of this title.
10 USC 7227. Foreign naval vessels and aircraft: supplies and
services
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy, under such regulations as he
prescribes, may authorize any United States naval vessel or activity to
furnish any of the following supplies or services, when in the best
interests of the United States, on a reimbursable basis without an
advance of funds if similar supplies and services are furnished on a
like basis to naval vessels and military aircraft of the United States
by the foreign country concerned:
(1) Routine port services in territorial waters of the United States
or in waters under United States control, including pilotage, tugs,
garbage removal, line-handling, and utilities, to naval vessels of
foreign countries.
(2) Routine airport services, including landing and takeoff
assistance, use of runways, parking and servicing, to military aircraft
of foreign countries.
(3) Miscellaneous supplies, including fuel, provisions, spare parts,
and general stores, but not including ammunition, to naval vessels and
military aircraft of foreign countries.
(4) Overhauls, repairs, and alterations together with necessary
equipment and its installation required in connection therewith, to
naval vessels and military aircraft of foreign countries.
(b)(1) Routine port and airport services may be furnished under this
section at no cost to the foreign country concerned where such services
are provided by United States naval personnel and equipment without
direct cost to the Navy.
(2) When furnishing routine port services under this section to naval
vessels of a foreign country, the Secretary may furnish such services
without reimbursement if such services are provided under an agreement
that provides for the reciprocal furnishing by such country of routine
port services to naval vessels of the United States without
reimbursement. When furnishing routine airport services under this
section to military aircraft of a foreign country, the Secretary may
furnish such services without reimbursement if such services are
provided under an agreement that provides for the reciprocal furnishing
by such country of routine airport services to military aircraft of the
United States without reimbursement.
(3) If routine port or airport services are furnished under this
section by a working-capital fund activity of the Navy established under
section 2208 of this title and such activity is not reimbursed directly
for the costs incurred by the activity in furnishing those services by
reason of paragraph (2), the working-capital fund activity shall be
reimbursed for such costs out of operating funds currently available to
the Navy.
(c) Payments for supplies and services furnished under this section
may be credited to current appropriations so as to be available for the
same purpose as the appropriation initially charged.
(Aug. 10, 1956, ch. 1041, 70A Stat. 447; June 23, 1959, Pub. L.
86-55, 1, 73 Stat. 89; Sept. 24, 1983, Pub. L. 98-94, title XII,
1219(a), 97 Stat. 691; Oct. 19, 1984, Pub. L. 98-525, title XIV,
1405(49), 98 Stat. 2625; Dec. 5, 1991, Pub. L. 102-190, div. A, title
X, 1048, 105 Stat. 1468.)
1991 -- Subsec. (a). Pub. L. 102-190, 1048(a), struck out
''friendly'' before ''foreign country'' in introductory provisions and
''friendly'' before ''foreign countries'' in pars. (1) to (4).
Subsec. (b)(2). Pub. L. 102-190, 1048(b), struck out subpar. (A)
designation, substituted ''naval vessels of a foreign country'' for
''naval vessels of an allied country'', inserted after first sentence
''When furnishing routine airport services under this section to
military aircraft of a foreign country, the Secretary may furnish such
services without reimbursement if such services are provided under an
agreement that provides for the reciprocal furnishing by such country of
routine airport services to military aircraft of the United States
without reimbursement.'', designated last sentence relating to
furnishing of routine services by a working-capital fund activity of the
Navy as par. (3), and struck out former subpar. (B) which defined
''allied country''.
Subsec. (b)(3). Pub. L. 102-190, 1048(b)(5), designated last
sentence of par. (2) relating to furnishing of routine services by a
working-capital fund activity of the Navy as par. (3) and substituted
''port or airport services'' for ''port services'' and ''paragraph (2)''
for ''this paragraph''.
1984 -- Subsec. (a)(1), (2). Pub. L. 98-525, 1405(49)(A), (C), in
cls. (1) and (2), substituted ''Routine'' for ''routine'' and a period
for the semicolon at the end.
Subsec. (a)(3). Pub. L. 98-525, 1405(49)(B), (D), substituted
''Miscellaneous'' for ''miscellaneous'' and a period for ''; and''.
1983 -- Subsec. (b). Pub. L. 98-94 designated existing provisions as
par. (1) and added par. (2).
1959 -- Pub. L. 86-55 authorized supplies and services to be
furnished by any United States naval vessel or activity, and the
furnishing of supplies and services to aircraft, eliminated provisions
which limited the furnishing of supplies on a reimbursable basis to
ships of foreign countries that had entered into a prior reciprocal
agreement, and which permitted services, including overhauling, repairs,
alterations and installation of equipment, to be furnished only if funds
to cover the estimated cost thereof were advanced, and permitted the
furnishing of routine port and airport services at no cost where such
services are without direct cost to the Navy.
Section 1219(b) of Pub. L. 98-94 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect on
October 1, 1983.''
10 USC 7228. Merchant vessels: supplies
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy, under such regulations as he
prescribes, may sell to a merchant ship such fuel and other supplies as
may be required to meet its necessities if the ship is unable --
(1) to procure the supplies from other sources at its present
location; and
(2) to proceed to the nearest port where they may be obtained without
endangering the safety of the ship, the health and comfort of its
personnel, or the safe condition of the property carried on it.
(b) Sales under this section shall be at such prices as the Secretary
considers reasonable. Payment shall be made on a cash basis or on such
other basis as will reasonably assure prompt payment. Amounts received
from such a sale shall, unless otherwise directed by another provision
of law, be credited to the current appropriation concerned and are
available for the same purposes as that appropriation.
(Aug. 10, 1956, ch. 1041, 70A Stat. 448.)
10 USC 7229. Purchase of fuel
TITLE 10 -- ARMED FORCES
In buying fuel, the Secretary of the Navy may, in any manner he
considers proper, buy the kind of fuel that is best adapted to the
purpose for which it is to be used.
(Aug. 10, 1956, ch. 1041, 70A Stat. 448.)
The first sentence is omitted as covered by 2 of the Act of Mar. 3,
1933, ch. 212 (41 U.S.C. 10a). The words ''for the Navy, or for naval
stations and yards'' are omitted, since R.S. 3728 has been interpreted
as authorizing the Armed Services Petroleum Purchasing Agency to
negotiate contracts for the purchase of fuel, not only when acting as a
procuring activity for the Navy, but also when filling the consolidated
fuel requirements of the armed forces. The word ''may'' is substituted
for the words ''shall have the power to'' for uniformity. The words
''discriminate and'' are omitted as surplusage.
American materials required for public use, see section 10a of Title
41, Public Contracts.
10 USC 7230. Sales of degaussing equipment
TITLE 10 -- ARMED FORCES
(a) To promote the installation, repair, and maintenance of
degaussing equipment on vessels registered under the laws of the United
States, the Secretary of the Navy may, under such regulations as he may
prescribe, sell degaussing equipment that is available from Navy stocks,
but that is not readily available commercially, to owners or operators
of privately owned merchant ships of United States registry.
(b) Sales under this section shall be at prices representing the
current or estimated replacement cost to the Navy.
(c) The proceeds of sales under this section shall be paid to the
credit of the current appropriation or fund concerned.
(Added Pub. L. 85-43, 1(1), May 31, 1957, 71 Stat. 44; amended Pub.
L. 87-651, title I, 125, Sept. 7, 1962, 76 Stat. 514.)
Section 7230 is restated, without substantive change, to conform to
the style adopted for title 10.
1962 -- Pub. L. 87-651 amended section generally without substantive
change to conform to the style adopted in the revision of this title.
10 USC 7231. Accounting for expenditures for obtaining information
TITLE 10 -- ARMED FORCES
When the Secretary of the Navy decides that an expenditure by the
Department of the Navy from an appropriation for obtaining information
from anywhere in the world may be made public, the expenditure shall be
accounted for specifically. When the Secretary decides that an
expenditure should not be made public, the Secretary shall make a
certificate on the amount of the expenditure. The certificate is a
sufficient voucher for the amount stated to have been spent.
(Added Pub. L. 97-258, 2(b)(11)(B), Sept. 13, 1982, 96 Stat. 1057.)
The words ''anywhere in the world'' are substituted for ''abroad and
at home'', and the words ''decides that an expenditure should not be
made public'' are substituted for ''may think it advisable not to
specify'', for clarity and consistency.
10 USC CHAPTER 633 -- NAVAL VESSELS
TITLE 10 -- ARMED FORCES
Sec.
7291. Classification.
7292. Naming.
7293. Number in service in time of peace.
7294. Suspension of construction in case of treaty.
7295. Vessels: underage.
7296. Appropriations: available for other purposes.
7297. Changing category or type: limitations.
7298. Conversion of combatants and auxiliaries.
7299. Contracts: application of Public Contracts Act.
7299a. Construction of combatant and escort vessels and assignment
of vessel projects.
(7300. Repealed.)
7301. Bids on construction: estimates required.
7302. Construction on Pacific Coast.
7303. Model basin; investigation of hull designs.
7304. Examination by board: unfit vessel stricken from Naval Vessel
Register.
7305. Sale of vessel stricken from Naval Vessel Register.
7306. Use for experimental purposes.
7307. Restriction on disposal.
7308. Transfer or gift of obsolete, condemned, or captured vessels.
7309. Restrictions on construction or repair of vessels in foreign
shipyards.
7310. Policy in constructing combatant vessels.
7311. Repair or maintenance of naval vessels: handling of hazardous
waste.
7312. Repair or maintenance of naval vessels: progress payments
under certain contracts.
7313. Ship overhaul work: availability of appropriations for
unusual cost overruns and for changes in scope of work.
7314. Overhaul of naval vessels: competition between public and
private shipyards.
1989 -- Pub. L. 101-189, div. A, title XVI, 1622(a), Nov. 29,
1989, 103 Stat. 1604, redesignated item 7313 ''Overhaul of naval
vessels: competition between public and private shipyards'' as 7314.
1988 -- Pub. L. 100-456, div. A, title XII, 1224(b)(2),
1225(a)(2), Sept. 29, 1988, 102 Stat. 2054, 2055, substituted
''Restrictions on construction or repair'' for ''Restriction on
construction'' in item 7309 and added item 7313 ''Overhaul of naval
vessels: competition between public and private shipyards''.
Pub. L. 100-370, 1(n)(2), July 19, 1988, 102 Stat. 850, added item
7313 ''Ship overhaul work: availability of appropriations for unusual
cost overruns and for changes in scope of work''.
1987 -- Pub. L. 100-180, div. A, title XI, 1102(a)(2), Dec. 4,
1987, 101 Stat. 1145, added item 7312.
1986 -- Pub. L. 99-661, div. A, title XII, 1202(b), Nov. 14,
1986, 100 Stat. 3968, added item 7311.
1985 -- Pub. L. 99-145, title XIII, 1303(a)(24)(B), Nov. 8, 1985,
99 Stat. 740, struck out ''naval'' before ''vessels'' in item 7309.
1982 -- Pub. L. 97-295, 1(48)(B), Oct. 12, 1982, 96 Stat. 1298,
added item 7299a.
Pub. L. 97-295, 1(49)(B), Oct. 12, 1982, 96 Stat. 1299, added item
7310.
Pub. L. 97-252, title XI, 1127(b), Sept. 8, 1982, 96 Stat. 759,
added item 7309.
1981 -- Pub. L. 97-86, title IX, 911(b)(2), Dec. 1, 1981, 95 Stat.
1122, struck out item 7300 ''Contracts for construction: profit
limitation''.
Property records, basis, reports, see section 2721 of this title.
10 USC 7291. Classification
TITLE 10 -- ARMED FORCES
The President may establish, and from time to time modify, as the
needs of the service require, a classification of naval vessels.
(Aug. 10, 1956, ch. 1041, 70A Stat. 448.)
Pub. L. 102-484, div. A, title III, 375, Oct. 23, 1992, 106 Stat.
2385, provided that:
''(a) Consideration of Vessel Location in the Award of Layberth
Contracts. -- As a factor in the evaluation of bids and proposals for
the award of contracts to layberth sealift vessels of the Department of
the Navy, the Secretary of the Navy shall include the location of the
vessels, including whether the vessels should be layberthed at locations
where --
''(1) members of the Armed Forces are likely to be loaded onto the
vessels; and
''(2) layberthing the vessels maximizes the ability of the vessels to
meet mobility and training needs of the Department of Defense.
''(b) Establishment of Location as a Major Criterion. -- In the
evaluation of bids and proposals referred to in subsection (a), the
Secretary of the Navy shall give the same level of consideration to the
location of the vessels as the Secretary gives to other major factors
established by the Secretary.
''(c) Applicability. -- Subsection (a) shall apply to any
solicitation for bids or proposals issued after the end of the 120-day
period beginning on the date of the enactment of this Act (Oct. 23,
1992).''
Pub. L. 102-484, div. A, title X, 1031, Oct. 23, 1992, 106 Stat.
2489, provided that:
''(a) In General. -- The Secretary of Defense shall require that all
sealift ships built under the fast sealift program established in
section 1424 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1683) (set out below) shall be
constructed and designed to commercial specifications.
''(b) Interagency Working Group To Formulate a Program To Preserve
Shipyard Industrial Base. -- (1) Not later than March 1, 1993, the
President shall establish an interagency working group for the sole
purpose of developing and implementing a comprehensive plan to enable
and ensure that domestic shipyards can compete effectively in the
international shipbuilding market.
''(2) The working group shall include representatives from all
appropriate agencies, including the Department of Defense, the
Department of State, the Department of Commerce, the Department of
Transportation, the Department of Labor, the Office of the United States
Trade Representative, and the Maritime Administration.
''(3) The President shall submit to Congress the comprehensive plan
developed by the working group not later than October 1, 1993.
''(c) Report on Ship Dumping Practices. -- The Secretary of
Transportation shall prepare a report on the countries that provide
subsidies for the construction or repair of vessels in foreign shipyards
or that engage in ship dumping practices.
''(d) Report on Defense Contracts. -- The Secretary of Defense shall
prepare a report on --
''(1) the amount of Department of Defense contracts that were awarded
to companies physically located or headquartered in the countries
identified in the Secretary of Transportation's report under subsection
(d) for the most recent year for which data is available; and
''(2) the effect on defense programs of a prohibition of awarding
contracts to companies physically located or headquartered in the
countries identified in the Secretary of Transportation's report under
subsection (d).
''(e) Report on Adequacy of United States Shipbuilding Industry. --
The Secretary of Defense shall prepare a report on --
''(1) the adequacy of United States shipbuilding industry to meet
military requirements, including sealift, during the period of 1994
through 1999; and
''(2) the causes of any inadequacy identified and actions that could
be taken to correct such inadequacies.
''(f) Submission of Reports. -- The reports under subsections (c),
(d), and (e) shall be submitted to Congress with the President's budget
for fiscal year 1994.
''(g) Penalty for Failure to Comply. -- (1) Except as provided in
paragraph (2), if the President fails to submit to Congress a
comprehensive plan as required by subsection (b) by October 1, 1993, no
funds appropriated to the Department of Defense for fiscal year 1994 may
be used to enter into a contract for the construction, repair, or
purchase of any product or service with any company that has
headquarters in any country that continues to provide a subsidy to a
foreign shipyard for the construction or repair of vessels or that
engages in ship dumping practices.
''(2) Paragraph (1) shall not apply if the President --
''(A) notifies Congress that he is unable to submit the plan by the
time required under subsection (c); and
''(B) includes with the notice a brief explanation of the reasons for
the delay and a statement that the plan will be submitted by April 15,
1994.
''(h) Definitions. -- For purposes of subsection (c):
''(1) The term 'foreign shipyard' includes a ship construction or
repair facility located in a foreign country that is directly or
indirectly owned, controlled, managed, or financed by a foreign shipyard
that receives or benefits from a subsidy.
''(2) The term 'subsidy' includes any of the following:
''(A) Officially supported export credits and development assistance.
''(B) Direct official operating support to the commercial
shipbuilding and repair industry, or to a related entity that favors the
operation of shipbuilding and repair, including --
''(i) grants;
''(ii) loans and loan guarantees other than those available on the
commercial market;
''(iii) forgiveness of debt;
''(iv) equity infusions on terms inconsistent with commercially
reasonable investment practices;
''(v) preferential provision of goods and services; and
''(vi) public sector ownership of commercial shipyards on terms
inconsistent with commercially reasonable investment practices.
''(C) Direct official support for investment in the commercial
shipbuilding and repair industry, or to a related entity that favors the
operation of shipbuilding and repair, including the kinds of support
listed in clauses (i) through (v) of subparagraph (B), and any
restructuring support, except public support for social purposes
directly and effectively linked to shipyard closures.
''(D) Assistance in the form of grants, preferential loans,
preferential tax treatment, or otherwise, that benefits or is directly
related to shipbuilding and repair for purposes of research and
development that is not equally open to domestic and foreign
enterprises.
''(E) Tax policies and practices that favor the shipbuilding and
repair industry, directly or indirectly, such as tax credits,
deductions, exemptions and preferences, including accelerated
depreciation, if the benefits are not generally available to persons or
firms not engaged in shipbuilding or repair.
''(F) Any official regulation or practice that authorizes or
encourages persons or firms engaged in shipbuilding or repair to enter
into anticompetitive arrangements.
''(G) Any indirect support directly related, in law or in fact, to
shipbuilding and repair at national yards, including any public
assistance favoring shipowners with an indirect effect on shipbuilding
or repair activities, and any assistance provided to suppliers of
significant inputs to shipbuilding, which results in benefits to
domestic shipbuilders.
''(H) Any export subsidy identified in the Illustrative List of
Export Subsidies in the Annex to the Agreement on Interpretation and
Application of Articles VI, XVI, and XXIII of the General Agreement on
Tariffs and Trade or any other export subsidy that may be prohibited as
a result of the Uruguay Round of trade negotiations.
''(3) The term 'vessel' means any self-propelled, sea-going vessel --
''(A) of not less than 100 gross tons, as measured under the
International Convention of Tonnage Measurement of Ships, 1969; and
''(B) not exempt from entry under section 441 of the Tariff Act of
1930 (19 U.S.C. 1431).''
Pub. L. 102-484, div. A, title X, 1021, Oct. 23, 1992, 106 Stat.
2485, provided that:
''(a) Acquisition and Conversion of U.S. Built Vessels. --
Notwithstanding any other provision of law, the Secretary of the Navy
may use funds available for the Fast Sealift Program --
''(1) to acquire vessels for the program from among available vessels
built in United States shipyards; and
''(2) to convert in United States shipyards vessels built in United
States shipyards.
''(b) Acquisition of Five Foreign-Built Vessels. -- Notwithstanding
any other provision of law, funds available for the Fast Sealift Program
may be used for the acquisition of five vessels built in foreign
shipyards and for conversion of those vessels in United States shipyards
if the Secretary of the Navy determines that acquisition of those
vessels is necessary to expedite the availability of vessels for
sealift.''
Pub. L. 101-510, div. A, title XIV, 1424, Nov. 5, 1990, 104 Stat.
1683, as amended by Pub. L. 102-190, div. A, title X, 1015, Dec. 5,
1991, 105 Stat. 1458; Pub. L. 102-484, div. A, title X, 1022, Oct.
23, 1992, 106 Stat. 2485, provided that:
''(a) Establishment of Program. -- The Secretary of the Navy shall
establish a program for the construction and operation of cargo vessels
that incorporate features essential for military use of the vessels.
''(b) Program Requirements. -- The program under this section shall
be carried out as follows:
''(1) The Secretary of the Navy shall establish the design
requirements for vessels to be constructed under the program.
''(2) In establishing the design requirements for vessels to be
constructed under the program, the Secretary shall use commercial design
standards and shall consult with the Administrator of the Maritime
Administration.
''(3) Construction of the vessels shall be accomplished in private
United States shipyards.
''(4) The vessels constructed under the program shall incorporate
propulsion systems whose main components (that is, the engines,
reduction gears, and propellers) are manufactured in the United States.
''(5) The vessels constructed under the program shall incorporate
bridge and machinery control systems and interior communications
equipment which --
''(A) are manufactured in the United States; and
''(B) have more than half of their value, in terms of cost, added in
the United States.
''(6) The Secretary of Defense may waive the requirement of paragraph
(5) with respect to a system or equipment described in that paragraph if
--
''(A) the system or equipment is not available; or
''(B) the costs of compliance would be unreasonable compared to the
costs of purchase from a foreign manufacturer.
''(c) Charter of Vessels Constructed. -- (1) Except when the
Secretary determines that having a vessel immediately available with a
full or partial crew is in the national interest, the Secretary, in
consultation with the Administrator of the Maritime Administration,
shall charter each vessel constructed before October 1, 1995, under the
program for commercial operation. Any such charter --
''(A) shall not permit the operation of the vessel other than in the
foreign commerce of the United States;
''(B) may be made only with an individual or entity that is a citizen
of the United States (which, in the case of a corporation, partnership,
or association, shall be determined in the manner specified in section 2
of the Shipping Act, 1916 (46 U.S.C. App. 802)) (46 App. U.S.C. 802,
803); and
''(C) shall require that the vessel be documented (and remain
documented) under the laws of the United States.
''(2) The Secretary may enter into a charter under paragraph (1) only
through the use of competitive bidding procedures that ensure that the
highest charter rates are obtained by the United States consistent with
good business practice, except that the Secretary may operate the vessel
(or contract to have the vessel operated) in direct support of United
States military forces during a time of war or national emergency and at
other times when the Administrator of the Maritime Administration
determines that that operation would not unfairly compete with another
United States-flag vessel.
''(3) If the Secretary determines that a vessel previously chartered
under the program no longer has commercial utility, the Secretary may
transfer the vessel to the National Defense Reserve Fleet.
''(4) A contract for the charter of a vessel under paragraph (1)
shall include a provision that the charter may be terminated for
national security reasons without cost to the United States.
''(d) Reports To Congress. -- (1) Not later than six months after the
date of the enactment of this Act (Nov. 5, 1990), the Secretary of the
Navy shall submit to Congress a report describing the Secretary's plan
for implementing the fast sealift program authorized by this section.
''(2) Not later than three years after the date of the enactment of
this Act, the Secretary shall submit to Congress a report on the
implementation of the plan described in the report submitted under
paragraph (1). The report shall include a description of vessels built
or under contract to be built pursuant to this section, the use of such
vessels, and the operating experience and manning of such vessels.
''(3) The reports under paragraphs (1) and (2) shall be prepared in
consultation with the Administrator of the Maritime Administration.
''(e) Availability of Funds. -- Amounts appropriated to the
Department of Defense for any fiscal year for acquisition of fast
sealift vessels may be used for the program under this section.''
Pub. L. 101-189, div. A, title XVI, 1613, Nov. 29, 1989, 103 Stat.
1601, provided that:
''(a) Category for Funding. -- Any request submitted to Congress for
appropriations for ship production engineering necessary to support the
procurement of any ship included (at the time the request is submitted)
in the five-year shipbuilding and conversion plan of the Navy shall be
set forth in the Shipbuilding and Conversion account of the Navy (rather
than in research and development accounts).
''(b) Applicability. -- Subsection (a) shall apply only with respect
to appropriations for a fiscal year after fiscal year 1990.''
Pub. L. 101-189, div. A, title XVI, 1614(a), (b), Nov. 29, 1989,
103 Stat. 1601, provided that:
''(a) Requirement That Certain Work Be Performed in United States.
-- The Secretary of the Navy shall require that, to the extent feasible
and consistent with policies of the Navy regarding family separations,
not less than one-half of the depot-level maintenace (sic) work
described in subsection (b) (measured in cost) shall be carried out in
shipyards in the United States (including the territories of the United
States).
''(b) Work Covered. -- Depot-level maintenance work referred to in
subsection (a) is depot-level maintenance work for naval vessels that is
scheduled as of October 1, 1989, to be carried out in Japan during
fiscal years 1990, 1991, and 1992.''
Similar provisions were contained in Pub. L. 100-456, div. A, title
XII, 1226, Sept. 29, 1988, 102 Stat. 2055, which was repealed by Pub.
L. 101-189, div. A, title XVI, 1614(c), Nov. 29, 1989, 103 Stat.
1601.
Pub. L. 100-456, div. A, title XII, 1227, Sept. 29, 1988, 102
Stat. 2055, provided that:
''(a) Annual Report. -- The Secretary of Defense shall submit to
Congress in 1989, 1990, and 1991 a report on how, under the current
Five-Year Defense Program of the Department of Defense, programs for
naval shipbuilding and conversion, for naval vessel repair, and for
procurement of support equipment for naval vessels could be expected to
affect the private-sector shipbuilding and ship repair industries of the
United States in terms of the effectiveness and preparedness of those
industries for mobilization in their role in the sealift component of
the conventional deterrent of the United States.
''(b) Time for Submission. -- The report under subsection (a) for any
year shall be submitted to Congress at the same time that the Secretary
submits his annual report to Congress for that year under section 113(c)
of title 10, United States Code.''
Pub. L. 99-500, 101(c) (title IX, 9101), Oct. 18, 1986, 100 Stat.
1783-82, 1783-118, and Pub. L. 99-591, 101(c) (title IX, 9101), Oct.
30, 1986, 100 Stat. 3341-82, 3341-118, provided that: ''No naval
vessel or any vessel owned and operated by the Department of Defense
homeported in the United States may be overhauled, repaired, or
maintained in a foreign owned and operated shipyard located outside of
the United States, except for voyage repairs.''
Pub. L. 99-145, title XIV, 1455, Nov. 8, 1985, 99 Stat. 761,
provided that:
''(a) In General. -- The Secretary of the Navy shall take such steps
as necessary --
''(1) to encourage United States shipyards to construct combatant
vessels for nations friendly to the United States, subject to the
requirement to safeguard sensitive warship technology; and
''(2) to ensure that no effort is made by any element of the
Department of the Navy to inhibit, delay, or halt the provision of any
United States naval system to a nation allied with the United States if
that system is approved for export to a foreign nation, unless approval
of such system for export is withheld solely for the purpose of
safeguarding sensitive warship technology;
''(3) if opportunities arise to construct combatant vessels
(including diesel submarines) outside the United States in a shipyard of
a friendly foreign nation, with some or all of the costs provided by
United States funds --
''(A) to encourage United States firms to participate in such
construction to the maximum extent possible, subject to the requirement
to safeguard sensitive warship technology; and
''(B) to ensure, whenever practicable, that at least 51 percent of
the dollar value of such construction is provided by United States
firms.
''(b) Definition. -- For the purposes of this section, the term
'sensitive warship technology' means technology relating to the design
or construction of a combatant naval vessel that is determined by the
Secretary of Defense to be vital to United States security.''
Pub. L. 97-114, title VII, 791, Dec. 29, 1981, 95 Stat. 1593,
provided that: ''It is the sense of the Congress that --
''(1) A larger and stronger American Navy is needed as an essential
ingredient of our Armed Forces, in order to fulfill its basic missions
of (A) protecting the sea lanes to preserve the safety of the free
world's commerce, (B) assuring continued access to raw materials
essential to the well-being of the free world, (C) enhancing our
capacity to project effective American forces into regions of the world
where the vital interests of the United States must be protected, (D)
engaging the Navy of the Soviet Union or any other potential adversary
successfully, (E) continuing to serve as a viable leg of our strategic
triad, and (F) providing visible evidence of American diplomatic,
economic and military commitments throughout the world.
''(2) In order to conduct the numerous and growing missions of the
modern American Navy, a goal of a naval inventory of approximately six
hundred active ships of various types by the end of the century at the
latest, is highly desirable, the exact figure to be flexible to
accommodate new designs as the specific details of our naval missions
evolve to meet various contingencies.
''(3) The Secretary of Defense comply with section 808 of Public Law
94-106, the Department of Defense Appropriation Authorization Act of
1976 (set out as a note under this section), in order that the Congress
may more properly appropriate the funds necessary to reach a six
hundred-ship goal at least by the end of the present century.''
Presidential Conclusions and Recommendations To
Accompany Ship Authorization Requests
Pub. L. 95-485, title VIII, 810(a), (b), Oct. 20, 1978, 92 Stat.
1623, which declared it the policy of the United States to construct
more survivable, less costly, and more combat effective ships, and
directed the President to include in any request for authorization of a
ship his conclusions on the ship's possession of the above qualities and
whether and why the ship should be nuclear powered, was repealed and
reenacted as section 7310 of this title by Pub. L. 97-295, 1(49)(A),
6(b), Oct. 12, 1982, 96 Stat. 1298, 1315.
Additional Personnel; Least-Cost Approach Study;
Report to Congress; Advanced Planning or Purchasing
Long Lead Items
Pub. L. 95-485, title VIII, 811, Oct. 20, 1978, 92 Stat. 1624,
provided that:
''(a) Notwithstanding any other provision of law and except as
provided in subsection (b), the Secretary of the Navy may not take any
action with respect to the use of either public shipyards or private
shipyards for conversion, overhaul, or repair work under the Service
Life Extension Program (SLEP) or under the program for the modernization
of DDG-2 class guided missile destroyers, or for the employment of
additional personnel for, or the transfer of additional personnel to,
any public shipyard as a part of the necessary buildup of manpower for
carrying out either such program, until --
''(1) the Secretary of the Navy conducts a comprehensive least-cost
approach study (A) comparing the costs of carrying out such programs at
public shipyards with the costs of carrying out such programs at private
shipyards, and (B) evaluating such other factors as the Secretary of the
Navy considers should be taken into account in assigning work in
connection with the conversion, overhaul, repair, or modernization of
vessels to public or private shipyards;
''(2) a written report containing the results of such study is
submitted, after the date of the enactment of this Act (Oct. 20, 1978),
to the Committees on Armed Services and on Appropriations of the Senate
and the House of Representatives; and
''(3) a period of sixty days of continuous session of Congress
expires following the date on which such report is submitted to such
committees.
''(b) Nothing in this section shall prevent the Navy from conducting
advanced planning or purchasing long lead items in connection with
either program described in subsection (a) so long as such planning or
purchasing is not related to the performance of work in connection with
either such program at any particular shipyard.
''(c) For purposes of subsection (a)(3), the continuity of a session
of Congress is broken only by an adjournment of the Congress sine die,
and 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 such sixty-day period.''
Pub. L. 94-106, title VIII, 808, Oct. 7, 1975, 89 Stat. 539, which
required Secretary of Defense to submit a five-year naval ship new
construction and conversion program with President's budget for fiscal
year beginning Oct. 1, 1976, and to report annually thereafter on
changes in the program, was repealed by Pub. L. 101-510, div. A, title
XIII, 1322(g), Nov. 5, 1990, 104 Stat. 1672.
Definitions; Report to Congress by Secretary of
Defense; Limitations on Authorization or
Appropriation Requests: Report to Congress by
President of Alternate Program
Pub. L. 93-365, title VIII, 801-804, Aug. 5, 1974, 88 Stat. 408,
409, which authorized construction of nuclear powered major combatant
vessels for the strike forces of the United States Navy and an adequate
industrial base for research, design, maintenance, etc., of these
vessels, defined the term ''major combatant vessels for the strike
forces of the United States Navy'', required the Secretary of Defense to
report to Congress each calendar year on the application of nuclear
propulsion to these vessels, and provided all requests for
authorizations or appropriations for these vessels be for the
construction of nuclear powered vessels unless the President advises
Congress that such construction would not be in the national interest
and includes for consideration by Congress an alternate program of
nuclear powered ships, was repealed by Pub. L. 95-485, title VIII,
810(c), Oct. 20, 1978, 92 Stat. 1623.
Pub. L. 89-37, title III, 301, June 11, 1965, 79 Stat. 128,
provided that: ''Outstanding tonnage balances remaining in law for
construction of Navy ships are hereby repealed.''
Pub. L. 89-37, title III, 302, June 11, 1965, 79 Stat. 128, which
provided that construction of warships and escort vessels follow
alternate vessel Navy yard construction requirement of Act of Mar. 27,
1934, 48 Stat. 503, except in any year President finds it inconsistent
with public interests, was repealed and restated as section 7299a(a) of
this title by Pub. L. 97-295, 1(48)(A), 6(b), Oct. 12, 1982, 96
Stat. 1298, 1314.
Pub. L. 89-37, title III, 303, June 11, 1965, 79 Stat. 128, which
provided that assignment of naval ship conversion, alteration, and
repair projects would be made on basis of economic and military
considerations and would not be restricted by requirements that certain
portions of such naval shipwork be assigned to particular types of
shipyards or to particular geographical areas or by similar
requirements, was repealed and restated as section 7299a(b) of this
title by Pub. L. 97-295, 1(48)(A), 6(b), Oct. 12, 1982, 96 Stat.
1298, 1314.
10 USC 7292. Naming
TITLE 10 -- ARMED FORCES
(a) Not more than one vessel of the Navy may have the same name.
(b) Each battleship shall be named for a State. However, if the
names of all the States are in use, a battleship may be named for a
city, place, or person.
(c) The Secretary of the Navy may change the name of any vessel
bought for the Navy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 448.)
In subsection (a) the words ''care shall be taken that'' are omitted
as surplusage.
In subsection (b) the words ''first class'' are omitted as obsolete.
In subsection (c) the words ''by authority of law'' are omitted as
surplusage.
10 USC 7293. Number in service in time of peace
TITLE 10 -- ARMED FORCES
In time of peace, the President may keep in service such vessels of
the Navy as are required and keep the rest in reserve.
(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)
The words ''vessels of the Navy'' are substituted for the words ''of
the public armed vessels''. The words ''actual'', ''in his opinion'',
and ''by the nature of the service'' are omitted as surplusage. The
words ''in reserve'' are substituted for the words ''to be laid up in
ordinary in convenient ports'' to conform to modern terminology.
10 USC 7294. Suspension of construction in case of treaty
TITLE 10 -- ARMED FORCES
In case of a treaty for the limitation of naval armament to which the
United States is a signatory, the President may suspend so much of the
authorized naval construction as is necessary to bring the naval vessels
of the United States within the limitations agreed upon. Such a
suspension does not apply to vessels under construction at the time the
suspension is made.
(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)
The words ''the United States would welcome and support an
international conference for naval limitations'' are omitted as a
declaration of purpose without permanent or general significance. The
word ''further'' is omitted since there is no such agreement in
existence today. The word ''international'' is omitted as unnecessary
since the word ''treaty'' necessarily involves an international
understanding. The word ''may'' is substituted for the words ''is
hereby authorized and empowered to'' for brevity.
10 USC 7295. Vessels: under-age
TITLE 10 -- ARMED FORCES
Vessels of the following types are considered under-age for the
period after completion indicated below:
(1) Battleships -- 26 years.
(2) Aircraft carriers -- 20 years.
(3) Cruisers -- 20 years.
(4) Submarines -- 13 years.
(5) Other combatant surface vessels -- 16 years.
(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)
10 USC 7296. Appropriations: available for other purposes
TITLE 10 -- ARMED FORCES
Appropriations available for the construction or conversion of
vessels or their machinery, armament, and equipment may be used for any
of those purposes. These appropriations for auxiliary vessels may also
be used for acquisition of those vessels.
(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)
34 U.S.C. 498m supersedes 34 U.S.C. 498d-1, except as to application
of the latter provision to the acquisition of auxiliary vessels, and the
section is written accordingly. The word ''Appropriations'' is
substituted for the words ''Sums heretofore or hereafter appropriated''
for brevity. The words ''may be used'' are substituted for the words
''shall be held and considered to be available'' for brevity.
10 USC 7297. Changing category or type: limitations
TITLE 10 -- ARMED FORCES
Unless they have been specifically made available for the purpose,
funds appropriated for the repair or alteration of naval vessels may not
be used to make repairs or alterations of any vessel that would change
its category or type.
(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)
10 USC 7298. Conversion of combatants and auxiliaries
TITLE 10 -- ARMED FORCES
To improve the military characteristics of combatant and auxiliary
naval vessels, the President may convert such vessels as he considers
best suited for national defense, without limitation on expenditures for
any one vessel, but within the total sum appropriated for conversion of
vessels.
(Aug. 10, 1956, ch. 1041, 70A Stat. 449.)
The words ''naval vessels'' are substituted for the words ''vessels
of the United States Navy'' for brevity, and the words ''for the
purpose'' are omitted as surplusage. The words ''conversion of
vessels'' are substituted for the words ''the purpose'' at the end of
the section for clarity.
10 USC 7299. Contracts: application of Public Contracts Act
TITLE 10 -- ARMED FORCES
Each contract for the construction, alteration, furnishing, or
equipping of a naval vessel is subject to the Act entitled ''An Act to
provide conditions for the purchase of supplies and the making of
contracts by the United States, and for other purposes'', approved June
30, 1936 (commonly referred to as the ''Walsh-Healey Act'') (41 U.S.C.
35-45), as amended, unless the President determines that this
requirement is not in the interest of national defense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 449; Aug. 25, 1958, Pub. L.
85-747, 72 Stat. 839; Dec. 12, 1980, Pub. L. 96-513, title V, 513(26),
94 Stat. 2932; Oct. 12, 1982, Pub. L. 97-295, 1(47), 96 Stat. 1298.)
The words ''the construction, alteration, furnishing, or equipping of
any naval vessel authorized by (named U.S. Code sections) this Act'' and
the words ''after June 30, 1940'' are omitted as executed. The words
''with funds from any appropriation available for such purposes'' are
omitted as surplusage.
In citing the Act of June 30, 1936, in the Act of June 14, 1940
(supra), Congress used the Public Law number rather than the chapter,
volume, and page of the Statutes at Large, notwithstanding the fact that
nearly four years had passed since the enactment of the cited law. It
is, therefore, concluded that Congress intended ship contracts to be
subject to the 1936 Public Law as originally enacted, and not as
modified by subsequent amendments. The words ''before amendment'' are
inserted to preserve this meaning.
The Walsh-Healey Act (41 U.S.C. 35-45), referred to in text, is act
June 30, 1936, ch. 881, 49 Stat. 2036, as amended, which is classified
generally to sections 35 to 45 of Title 41, Public Contracts. For
complete classification of this Act to the Code, see Short title note
set out under section 35 of Title 41 and Tables. See also section 262
of Title 29, Labor.
1982 -- Pub. L. 97-295 substituted ''Healey'' for ''Healy''.
1980 -- Pub. L. 96-513 substituted ''the Act entitled 'An Act to
provide conditions for the purchase of supplies and the making of
contracts by the United States, and for other purposes', approved June
30, 1936 (commonly referred to as the 'Walsh-Healy Act') (41 U.S.C.
35-45)'' for ''the Act of June 30, 1936, chapter 881 (49 Stat. 2036)''.
1958 -- Pub. L. 85-747 substituted ''Act of June 30, 1936, chapter
881 (49 Stat. 2036), as amended'' for ''Act of June 30, 1936, ch. 881,
(48 Stat. 2036), before amendment''.
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 7299a. Construction of combatant and escort vessels and
assignment of vessel projects
TITLE 10 -- ARMED FORCES
(a) The assignment of naval vessel conversion, alteration, and repair
projects shall be based on economic and military considerations and may
not be restricted by a requirement that certain parts of naval shipwork
be assigned to a particular type of shipyard or geographical area or by
a similar requirement.
(b) In evaluating bids or proposals for a contract for the overhaul,
repair, or maintenance of a naval vessel, the Secretary of the Navy
shall, in determining the cost or price of work to be performed in an
area outside the area of the homeport of the vessel, consider
foreseeable costs of moving the vessel and its crew from the homeport to
the outside area and from the outside area back to the homeport at the
completion of the contract.
(c)(1) Before issuing a solicitation for a contract for short-term
work for the overhaul, repair, or maintenance of a naval vessel, the
Secretary of the Navy shall determine if there is adequate competition
available among firms able to perform the work at the homeport of the
vessel. If the Secretary determines that there is adequate competition
among such firms, the Secretary --
(A) shall issue such a solicitation only to firms able to perform the
work at the homeport of the vessel; and
(B) may not award such contract to a firm other than a firm that will
perform the work at the homeport of the vessel.
(2) Paragraph (1) applies notwithstanding subsection (a) or any other
provision of law.
(3) Paragraph (1) does not apply in the case of voyage repairs.
(4) In this subsection, the term ''short-term work'' means work that
will be for a period of six months or less.
(Added Pub. L. 97-295, 1(48)(A), Oct. 12, 1982, 96 Stat. 1298;
amended Pub. L. 99-661, div. A, title XII, 1201(a), Nov. 14, 1986, 100
Stat. 3967; Pub. L. 100-180, div. A, title XI, 1101, Dec. 4, 1987, 101
Stat. 1145; Pub. L. 101-510, div. A, title XIV, 1422, Nov. 5, 1990,
104 Stat. 1682; Pub. L. 102-484, div. A, title X, 1016, Oct. 23, 1992,
106 Stat. 2485.)
In subsection (a), the words ''combatant vessels'' are substituted
for ''warships'' for consistency in title 10 and because of 1:3. The
words ''for which appropriations are authorized by this Act and
hereafter'' are omitted as unnecessary.
1992 -- Subsec. (a). Pub. L. 102-484, 1016(a), (b)(1), redesignated
subsec. (b) as (a) and struck out former subsec. (a) which read as
follows: ''The distribution of assignments and contracts for the
construction of combatant vessels and escort vessels is subject to the
Act of March 27, 1934 (ch. 95, 48 Stat. 503), requiring that the first
and each succeeding alternate vessel be constructed in a Navy yard.
However, the President may direct that a vessel be constructed in a Navy
or private yard if the requirement of this subsection is inconsistent
with the public interest.''
Subsec. (b). Pub. L. 102-484, 1016(b)(1), redesignated subsec. (c)
as (b). Former subsec. (b) redesignated (a).
Subsecs. (c), (d). Pub. L. 102-484, 1016(b), redesignated subsec.
(d) as (c) and substituted ''subsection (a)'' for ''subsection (b)'' in
par. (2). Former subsec. (c) redesignated (b).
1990 -- Subsec. (d)(3). Pub. L. 101-510 substituted ''apply in the
case of voyage repairs.'' for ''apply --
''(A) in the case of voyage repairs; or
''(B) in the case of a vessel that is assigned to the Naval Reserve
force and homeported on the West Coast of the United States.''
1987 -- Subsec. (d). Pub. L. 100-180 amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows:
''(1) Notwithstanding subsections (b) and (c), the Secretary may
award a contract for short-term work for the overhaul, repair, or
maintenance of a naval vessel only to a contractor that is able to
perform the work at the homeport of the vessel, if the Secretary
determines that adequate competition is available among firms able to
perform the work at the homeport of the vessel.
''(2) In this subsection, the term 'short-term work' means work that
will be for a period of six months or less.''
1986 -- Subsecs. (c), (d). Pub. L. 99-661 added subsecs. (c) and
(d).
For delegation of authority of President under subsec. (a) of this
section, see section 2 of Ex. Ord. No. 12765, June 11, 1991, 56 F.R.
27401, set out as a note under section 113 of this title.
10 USC ( 7300. Repealed. Pub. L. 97-86, title IX, 911(b)(1), Dec. 1,
1981, 95 Stat. 1122)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A, Stat. 450, related to
profit limitations on contracts for construction of naval vessels. See
section 2382 of this title.
No regulations to be issued or action taken for the purpose of
enforcing any provision of this section with respect to any contract
entered into during the period beginning on Oct. 1, 1976, and ending on
Dec. 1, 1981, see section 911(c) of Pub. L. 97-86, set out as a note
under section 2382 of this title.
10 USC 7301. Bids on construction: estimates required
TITLE 10 -- ARMED FORCES
(a) When advertising for bids for the construction of any naval
vessel, the Secretary of the Navy shall require each bidder to file with
his bid the estimates on which the bid is based.
(b) The Secretary, to the extent he considers proper, may delegate
the authority conferred by this section to any person in the Department
of the Navy, with or without the authority to make successive
redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 450.)
In subsection (a) the words ''when advertising for'' are substituted
for the words ''in requesting competitive'' to make it clear that the
subsection applies only to formal bids secured through advertising and
not to informal proposals made in response to letters or circulars.
In subsection (b) the words ''except the authority to prescribe
regulations'' are omitted, since 34 U.S.C. 488 does not contain any
authority for the Secretary to prescribe regulations.
10 USC 7302. Construction on Pacific Coast
TITLE 10 -- ARMED FORCES
The Department of the Navy shall have constructed on the Pacific
Coast of the United States such vessels as the President determines
necessary to maintain shipyard facilities there adequate to meet the
requirements of national defense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 451.)
The word ''there'' is substituted for the words ''upon the Pacific
Coast'' to avoid repetition. The words ''have constructed'' are
substituted for the word ''construct'' for clarity. The word
''necessary'' is omitted as being included within the meaning of the
word ''adequate''.
10 USC 7303. Model Basin; investigation of hull designs
TITLE 10 -- ARMED FORCES
(a) An office or agency in the Department of the Navy designated by
the Secretary of the Navy shall conduct at the David W. Taylor Model
Basin, Carderock, Maryland, investigations to determine the most
suitable shapes and forms for United States vessels and aircraft and
investigations of other problems of their design.
(b) The Secretary of the Navy may authorize experiments to be made at
the Model Basin for private persons. The costs of experiments made for
private persons shall be paid by those persons under regulations
prescribed by the Secretary. The results of private experiments are
confidential and may not be divulged without the consent of the persons
for whom they are made. However, the data obtained from such
experiments may be used by the Secretary for governmental purposes,
subject to the patent laws of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 451; Nov. 2, 1966, Pub. L.
89-718, 41, 80 Stat. 1120.)
In subsection (a) the authority to purchase a site and construct the
model basin is omitted as executed. The words ''David W. Taylor Model
Basin, Carderock, Maryland'' are inserted to designate the model basin
established under this authority. The words ''investigations to
determine'' are substituted for the words ''work of investigating and
determining.'' The phrase ''vessels, including aircraft'' is changed to
read ''vessels and aircraft'', and the words ''their design'' are
substituted for ''ship design''.
1966 -- Subsec. (a). Pub. L. 89-718 substituted ''An officer or
agency of the Department of the Navy designated by the Secretary of the
Navy'' for ''The Bureau of Ships''.
Patent laws generally, see Title 35, Patents.
10 USC 7304. Examination by board; unfit vessel stricken from Naval
Vessel Register
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy shall designate boards of naval
officers to examine vessels of the Navy. Each vessel shall be examined
by a board at least once every three years, if practicable.
(b) When a board, in conducting an examination under this section,
finds that any vessel is unfit for service or that an unfinished vessel
in any naval shipyard cannot be finished without disproportionate
expense, it shall submit a written report to the Secretary stating fully
the reasons for its opinion. If the Secretary concurs, he shall strike
the name of that vessel from the Naval Vessel Register.
(Aug. 10, 1956, ch. 1041, 70A Stat. 451.)
In subsection (a) the provision as to the examination of ''all
vessels on their return from foreign stations'' is omitted as obsolete
because ships are no longer assigned to foreign stations, but to fleet
commands. No distinction is made in inspection procedures between
vessels in fleets operating abroad and those in other fleets.
In subsection (b) the words ''in opinion with said report'' are
omitted as surplusage. The words ''naval shipyard'' are substituted for
the words ''navy yard'' to conform to current terminology. The name
''Navy Register'' is changed to ''Naval Vessel Register'', the present
name of the publication, to avoid confusion with another official
document known as the ''Navy Register''.
Pub. L. 85-438, May 29, 1958, 72 Stat. 154, authorized Secretary of
the Navy to strike from Naval Vessel Register and to dispose of the
following uncompleted naval vessels: U.S.S. Kentucky; U.S.S. Hawaii;
U.S.S. Lansdale; U.S.S. Seymour D. Owens; U.S.S. Lancetfish; U.S.S.
Unicorn; U.S.S. Walrus.
10 USC 7305. Sale of vessel stricken from Naval Vessel Register
TITLE 10 -- ARMED FORCES
(a) This section does not apply to a vessel the disposal of which is
authorized by the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.), if it is to be disposed of under that Act.
(b) The Secretary of the Navy shall appraise each vessel stricken
from the Naval Vessel Register under section 7304 of this title. If he
considers that the sale of the vessel is in the best interest of the
United States, he shall advertise it for sale.
(c) The advertisement shall ask for sealed bids for the purchase of
the vessel and shall be published for at least three months in
newspapers used by the Department of the Navy for other advertisements.
It shall --
(1) state the name, location, and appraised value of the vessel to be
sold;
(2) state the day, hour, and place for the opening of the bids;
(3) state that the sale will be for cash to the bidder submitting the
highest bid above the appraised value of the vessel; and
(4) specify the period of time, after the opening of the bids, within
which the successful bidder will be required to pay the remaining 90
percent of the amount bid by him.
(d) The Secretary shall --
(1) require that each bid be accompanied by a cash deposit of not
less than 10 percent of the amount of the bid; and
(2) require that each bid be accompanied by a bond, with two or more
sureties to be approved by him, conditioned on the payment of the
remaining 90 percent within the time specified in the advertisement.
(e) The bids shall be opened at the time and place stated in the
advertisement, and a record shall be made of them.
(f) If the bidder whose bid is accepted defaults in the payment of
all or part of the remaining 90 percent of the amount of his bid within
the time specified, his cash deposit of 10 percent of that amount shall
be forfeited to the United States and the Secretary shall advertise the
vessel again and resell it in the manner prescribed in this section.
(g) The cash deposit forfeited by a defaulting bidder shall be
applied, first, to the payment of the expenses of the advertisement and
resale of the vessel and, second, to the payment of the difference, if
any, between the amount bid by the defaulting bidder and the amount for
which the vessel is resold. Any balance remaining shall be covered into
the Treasury.
(h) This section does not prevent a suit for breach of any condition
of a bond furnished by a bidder.
(i) Each vessel sold as prescribed in this section shall be delivered
to the purchaser upon full payment to the Secretary of the amount bid.
(j) The net proceeds of each sale under this section shall be covered
into the Treasury.
(k) A sale under this section of a vessel the disposal of which is
authorized by the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.), is subject to regulations under section
205 of that Act (40 U.S.C. 486).
(l) Except as otherwise provided by law, no vessel of the Navy may be
sold in any other manner than that provided by this section, or for less
than its appraised value, unless the President so directs in writing.
(Aug. 10, 1956, ch. 1041, 70A Stat. 451; Dec. 12, 1980, Pub. L.
96-513, title V, 513(27), 94 Stat. 2933.)
Subsections (a) and (k) are substituted for the first 17 words of 34
U.S.C. 492 to make it clear that these words have a dual purpose. In
the case of a surplus vessel the disposal of which is covered by the
Federal Property and Administrative Services Act of 1949, as amended (40
U.S.C. 471 et seq.), these words authorize the vessel to be sold either
(1) by the Administrator of General Services under that Act, or (2) by
the Secretary of the Navy under 34 U.S.C. 492, subject to regulations
issued by the Administrator of General Services under Section 205 of the
Federal Property Act.
In subsection (b) the name ''Navy Register'' is changed to ''Naval
Vessel Register'', the present name of the publication, to avoid
confusion with another official document known as the ''Navy Register''.
In subsection (h) the words ''This section does not prevent'' are
substituted for the words ''nothing herein contained shall be construed
to prevent''.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsecs. (a) and (k), is act June 30, 1949, ch.
288, 63 Stat. 377, as amended. Provisions of the act relating to
management and disposal of Government property are classified to chapter
10 ( 471 et seq.) of Title 40, Public Buildings, Property, and Works.
For complete classification of this Act to the Code, see Short Title
note set out under section 471 of Title 40 and Tables.
1980 -- Subsecs. (a), (k). Pub. L. 96-513 struck out '', as
amended'' after ''Act of 1949''.
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.
Ex. Ord. No. 11765, Jan. 21, 1974, 39 F.R. 2577, provided:
By virtue of the authority vested in me by section 7305(1) of title
10 of the United States Code, it is hereby ordered as follows:
Section 1. Vessels of the Navy stricken from the Naval Vessel
Register pursuant to section 7304 of title 10 of the United States Code,
and not subject to disposition under other law, may be sold at public
sale to the highest acceptable bidder, regardless of their appraised
value, after being advertised for sale for a period of not less than
thirty days. Moreover, if the bid prices received after advertising are
not considered reasonable by the Secretary of the Navy, or his designee,
(either as to all or any part of a multiple ship advertisement) and he,
or his designee, determines that readvertising will serve no useful
purpose, such vessels may be sold by negotiation to the highest
acceptable offeror: Provided, That (1) each responsible bidder has been
notified of the intention to negotiate and has been given a reasonable
opportunity to negotiate; (2) the negotiated price is higher than the
highest rejected price of any responsible bidder; and (3) the
negotiated price is the highest negotiated price offered by any
responsible offeror.
Sec. 2. Each bid or offer shall be accompanied by a cash deposit
(including cashier's check or certified check) in an amount not less
than 10 percent of the bid or offer, or by a deposit bond, in such
amount, executed by two or more acceptable sureties or by a surety
appearing on the United States Treasury Department list of acceptable
sureties. No other bond shall be required.
Sec. 3. Except as hereinabove modified pursuant to section 7305(1) of
title 10 of the United States Code, sales of vessels of the Navy shall
be conducted in accordance with the requirements in the remaining
provisions of section 7305 (this section).
Sec. 4. This order supersedes Executive Order No. 10885 of August
31, 1960, entitled ''Sales of Vessels of the Navy.''
Richard Nixon.
10 USC 7306. Use for experimental purposes
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy, with the approval of the President,
may use for experimental purposes any vessel stricken from the Naval
Vessel Register under section 7304 of this title, if he determines that
it is in the best interest of the United States.
(b)(1) Before using any vessel for an experimental purpose pursuant
to this section, the Secretary shall carry out such stripping of the
vessel as is practicable.
(2) Amounts received as a result of stripping of vessels pursuant to
this subsection shall be credited to applicable appropriations available
for the procurement of scrapping services under this subsection, to the
extent necessary for the procurement of those services. Amounts
received which are in excess of amounts necessary for procuring those
services shall be deposited into the general fund of the Treasury.
(3) In providing for stripping of a vessel pursuant to this
subsection, the Secretary shall ensure that such stripping does not
destroy or diminish the structural integrity of the vessel.
(Aug. 10, 1956, ch. 1041, 70A Stat. 452; Nov. 8, 1965, Pub. L.
89-348, 1(10), 79 Stat. 1311; Nov. 2, 1966, Pub. L. 89-718, 42, 80
Stat. 1120; Nov. 29, 1989, Pub. L. 101-189, div. A, title XVI, 1616,
103 Stat. 1602.)
The name ''Navy Register'' is changed to ''Naval Vessel Register'',
the present name of the publication, to avoid confusion with another
official document known as the ''Navy Register''.
1989 -- Pub. L. 101-189 designated existing provisions as subsec.
(a) and added subsec. (b).
1966 -- Pub. L. 89-718 struck out designation ''(a)'' at beginning
of section and repealed subsec. (b) which required the Secretary to
make an annual report to Congress of all vessels used for experimental
purposes under this section.
1965 -- Subsec. (b). Pub. L. 89-348 repealed subsec. (b) which
required the Secretary to make an annual report to Congress of all
vessels used for experimental purposes under this section.
For delegation to Secretary of Defense of authority vested in
President by section 493b of former Title 34, see Ex. Ord. No. 10621,
July 1, 1955, 20 F.R. 4759, set out as a note under section 301 of Title
3, The President.
Pub. L. 85-436, May 29, 1958, 72 Stat. 153, authorized the Secretary
of the Navy to employ certain ships of the Navy as targets for the
purpose of tests and experimentation in determining the effect of newly
developed weapons on such vessels. This authorization terminated two
years after May 29, 1958, by the provisions of section 4 of Pub. L.
85-436.
10 USC 7307. Restriction on disposal
TITLE 10 -- ARMED FORCES
(a) Notwithstanding any other provision of law, no battleship,
aircraft carrier, cruiser, destroyer, or submarine of the Navy may be
sold, transferred, or otherwise disposed of, unless the Chief of Naval
Operations certifies that it is not essential to the defense of the
United States.
(b)(1) A naval vessel in excess of 3,000 tons or less than 20 years
of age may not be sold, leased, granted, loaned, bartered, transferred,
or otherwise disposed of to another nation unless the disposition of
that vessel is approved by law enacted after August 5, 1974, except that
any lease or loan of such a vessel under such a law shall be made only
in accordance with the provisions of chapter 6 of the Arms Export
Control Act (22 U.S.C. 2796 et seq.) or chapter 2 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.).
(2) A naval vessel not subject to the provisions of paragraph (1) may
be sold, leased, granted, loaned, bartered, transferred, or otherwise
disposed of to another nation in accordance with applicable provisions
of law only after the Secretary of the Navy, or his designee, has
notified the Committees on Armed Services of the Senate and the House of
Representatives in writing of the proposed disposition and 30 days of
continuous session of Congress have expired following the date on which
notice was transmitted to such committees. For purposes of this
paragraph, 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 3 days to a day
certain are excluded in the computation of such 30-day period.
(Aug. 10, 1956, ch. 1041, 70A Stat. 452; Aug. 5, 1974, Pub. L.
93-365, title VII, 702, 88 Stat. 405; Oct. 5, 1976, Pub. L. 94-457,
2, 90 Stat. 1938; Dec. 12, 1980, Pub. L. 96-513, title V, 513(28), 94
Stat. 2933; Aug. 8, 1985, Pub. L. 99-83, title I, 122, 99 Stat. 204;
Nov. 5, 1990, Pub. L. 101-510, div. A, title XIV, 1484(b)(4), 104 Stat.
1716.)
In subsection (a) the words ''in any manner whatsoever'', ''Nothing
herein shall be construed to repeal or modify sections 33 and 36 of
Title 18'', and the words ''exchanged'' and ''hereafter'' are omitted as
surplusage. 34 U.S.C. 546e is superseded by the Act of June 30, 1949,
ch. 288, 63 Stat. 378 (40 U.S.C. 471-514) as to property which may be
declared excess and disposed of under the latter Act. The 1949 Act (40
U.S.C. 472 (d)) excludes from its application ''naval vessels of the
following categories: battleships, aircraft carriers, cruisers,
destroyers, and submarines''. For this reason the words ''No
battleship, aircraft carrier, cruiser, destroyer, or submarine'' are
substituted for the words ''no naval weapon, ship, * * * or which have
been contracted for''.
In subsection (b) the words ''any law'' are substituted for the words
''Notwithstanding the provisions of the Mutual Defense Assistance Act of
1949, as amended, or the provisions of any other law''.
The Arms Export Control Act, referred to in subsec. (b)(1), is Pub.
L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended. Chapter 6 of
that Act is classified generally to subchapter VI ( 2796 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.
The Foreign Assistance Act of 1961, referred to in subsec. (b)(1),
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter
2 of part II of that Act is classified generally to part II ( 2311 et
seq.) of subchapter II of chapter 32 of Title 22. For complete
classification of this Act to the Code, see Short Title note set out
under section 2151 of Title 22 and Tables.
1990 -- Subsec. (b)(1). Pub. L. 101-510, 1484(b)(4)(A),
substituted: ''A'' for ''After August 5, 1974, no'', ''may not'' for
''may'', and ''disposition of that vessel is approved by law enacted
after August 5, 1974'' for ''disposition thereof has been approved by
law enacted after such date''.
Subsec. (b)(2). Pub. L. 101-510, 1484(b)(4)(B), substituted ''A''
for ''After August 5, 1974, any''.
1985 -- Subsec. (b)(1). Pub. L. 99-83 inserted requirement that
leases or loans of a vessel be made in accordance with the applicable
provisions.
1980 -- Subsec. (b). Pub. L. 96-513 substituted ''August 5, 1974''
for ''the date of enactment of this paragraph'' wherever appearing, and
struck out ''of enactment'' after ''such date''.
1976 -- Subsec. (b)(1). Pub. L. 94-457 substituted ''3,000'' for
''2,000''.
1974 -- Subsec. (b). Pub. L. 93-365 substituted provisions
restricting the disposal of naval vessels subsequent to the date of
enactment of this subsec. (b) and setting forth specified prerequisites
for such disposal, for provisions prohibiting the disposal of
battleships, aircraft carriers, cruisers, destroyers, or submarines not
stricken from the Naval Vessel Register, nor any interest of the United
States in such vessels, where no authority has been granted by Congress
for such disposal after March 10, 1951.
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of Title 22,
Foreign Relations and Intercourse.
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.
Act Sept. 15, 1951, ch. 401, 65 Stat. 322, provided by section 1
thereof that, notwithstanding the provisions of section 4 of Public Law
3, Eighty-second Congress, approved March 10, 1951, the transfer of two
destroyer escorts to France, two destroyer escorts to Denmark, three
destroyer escorts to Peru, and two destroyer escorts to Uruguay was
authorized under the provisions and limitations contained in the Mutual
Defense Assistance Act of 1949, as amended, and further provided by
section 2 thereof that, notwithstanding the provisions of section 4 of
Public Law 3, Eighty-second Congress, approved March 10, 1951, the
transfer of eight destroyer escorts to Brazil, one destroyer escort to
Great Britain, and six destroyer escorts to France was authorized under
the provisions and limitations contained in the Mutual Defense
Assistance Act of 1949, as amended, provided that the destroyer escorts,
the transfer of which were authorized by section 2, were on Sept. 15,
1951, in the possession of the Governments named in section 2 under
agreements made pursuant to an Act to promote the defense of the United
States, approved March 11, 1941, as amended.
10 USC 7308. Transfer or gift of obsolete, condemned, or captured
vessels
TITLE 10 -- ARMED FORCES
(a) Subject to subsections (c) and (d) of section 602 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 474), the
Secretary of the Navy may transfer by gift or otherwise, on terms
prescribed by him, any obsolete or condemned vessel of the Navy or any
captured vessel in the possession of the Department of the Navy to --
(1) any State, Territory, Commonwealth, or possession of the United
States, or any municipal corporation or political subdivision thereof;
(2) the District of Columbia; or
(3) any corporation or association whose charter or articles of
agreement denies it the right to operate for profit.
(b) Each agreement for the transfer of a vessel under this section
shall include a stipulation that --
(1) the transferee will maintain the vessel in a condition
satisfactory to the Department of the Navy; and
(2) no expense to the United States will result from the transfer.
(c) No transfer under this section takes effect unless --
(1) notice of the proposal to make the transfer is sent to Congress;
and
(2) 60 calendar days of continuous session of Congress have expired
after the notice is sent to Congress.
(Aug. 10, 1956, ch. 1041, 70A Stat. 453; Dec. 12, 1980, Pub. L.
96-513, title V, 513(29), 94 Stat. 2933; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(a)(6), 102 Stat. 2059; Nov. 5, 1990,
Pub. L. 101-510, div. A, title XIV, 1427, 104 Stat. 1685.)
In subsection (a) the words ''Subject to section 474 of title 40''
are substituted for the proviso of 34 U.S.C. 546f. The word
''conditions'' is omitted as included in the word ''terms''. The word
''Commonwealth'' is inserted to reflect the present status of Puerto
Rico.
1990 -- Subsec. (c). Pub. L. 101-510 inserted ''and'' at end of par.
(1), substituted a period for ''; and'' at end of par. (2), and
struck out par. (3) which read as follows: ''during that 60-day period
Congress does not pass a concurrent resolution stating in substance that
it does not favor the proposed transfer.''
1988 -- Subsec. (a)(2). Pub. L. 100-456 struck out ''or the Canal
Zone'' after ''Columbia''.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''subsections (c)
and (d) of section 602 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 474)'' for ''section 474 of title 40''.
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 7309. Restrictions on construction or repair of vessels in
foreign shipyards
TITLE 10 -- ARMED FORCES
(a) Except as provided in subsection (b), no vessel to be constructed
for any of the armed forces, and no major component of the hull or
superstructure of any such vessel, may be constructed in a foreign
shipyard.
(b) The President may authorize exceptions to the prohibition in
subsection (a) when he determines that it is in the national security
interest of the United States to do so. The President shall transmit
notice to Congress of any such determination, and no contract may be
made pursuant to the exception authorized until the end of the 30-day
period beginning on the date the notice of such determination is
received by Congress.
(c)(1) A naval vessel (or any other vessel under the jurisdiction of
the Secretary of the Navy) the homeport of which is in the United States
may not be overhauled, repaired, or maintained in a shipyard outside the
United States.
(2) Paragraph (1) does not apply in the case of voyage repairs.
(d) An inflatable boat or a rigid inflatable boat, as defined by the
Secretary of the Navy, is not a vessel for the purpose of the
restriction in subsection (a).
(e) In the case of a naval vessel the homeport of which is not in the
United States (or a territory of the United States), the Secretary of
the Navy may not during the 15-month period preceding the planned
reassignment of the vessel to a homeport in the United States (or a
territory of the United States) begin any work for the overhaul, repair,
or maintenance of the vessel that is scheduled to be for a period of
more than six months.
(Added Pub. L. 97-252, title XI, 1127(a), Sept. 8, 1982, 96 Stat.
758; amended Pub. L. 98-473, title I, 101(h)(title VIII, 8095), Oct.
12, 1984, 98 Stat. 1904, 1941; Pub. L. 99-145, title XIII,
1303(a)(24)(A), Nov. 8, 1985, 99 Stat. 740; Pub. L. 100-180, div. A,
title XI, 1103, Dec. 4, 1987, 101 Stat. 1146; Pub. L. 100-456, div.
A, title XII, 1224(a), (b)(1), Sept. 29, 1988, 102 Stat. 2054; Pub.
L. 101-189, div. A, title XVI, 1622(c)(8), Nov. 29, 1989, 103 Stat.
1604; Pub. L. 102-190, div. A, title X, 1017, Dec. 5, 1991, 105 Stat.
1459; Pub. L. 102-484, div. A, title X, 1012, Oct. 23, 1992, 106 Stat.
2483.)
1992 -- Subsec. (e). Pub. L. 102-484 added subsec. (e).
1991 -- Subsec. (d). Pub. L. 102-190 added subsec. (d).
1989 -- Subsec. (a). Pub. L. 101-189 inserted comma after ''armed
forces''.
1988 -- Pub. L. 100-456, 1224(b)(1), substituted ''Restrictions''
for ''Restriction'' and inserted ''or repair'' after ''construction'' in
section catchline.
Subsec. (c). Pub. L. 100-456, 1224(a), added subsec. (c).
1987 -- Subsec. (a). Pub. L. 100-180 substituted ''no vessel to be
constructed for any of the armed forces'' for ''no naval vessel, and no
vessel of any other military department,''.
1985 -- Pub. L. 99-145 struck out ''naval'' before ''vessels'' in
section catchline.
1984 -- Subsec. (a). Pub. L. 98-473 inserted ''and no vessel of any
other military department,'' and substituted ''any such'' for ''a
naval''.
Section 1224(c) of Pub. L. 100-456 provided that: ''Subsection (c)
of section 7309 of title 10, United States Code, as added by subsection
(a), shall apply with respect to any contract for overhaul, repair, or
maintenance of a vessel that is entered into after the end of the 30-day
period beginning on the date of the enactment of this Act (Sept. 29,
1988).''
For delegation of authority of President under subsec. (b) of this
section, see section 3 of Ex. Ord. No. 12765, June 11, 1991, 56 F.R.
27401, set out as a note under section 113 of this title.
10 USC 7310. Policy in constructing combatant vessels
TITLE 10 -- ARMED FORCES
(a) The policy of the United States is to modernize the combatant
forces of the Navy through the construction of advanced, versatile,
survivable, and cost-effective combatant vessels in sufficient numbers
and having sufficient combat effectiveness to defend the United States
against attack and to carry out other missions that may be assigned to
the Navy by law. To carry out this policy, the Navy should develop
plans and programs for the construction and deployment of weapons
systems, including naval aviation platforms, that are more survivable,
less costly, and more effective than those in the Navy on October 20,
1978.
(b) The President shall include in each request made to Congress for
authorization of a vessel for the combatant forces (including an
aircraft carrier) --
(1) the conclusions of the President related to the survivability,
cost-effectiveness, and combat effectiveness of the vessel requested;
(2) a recommendation whether the vessel should be nuclear or
conventionally powered; and
(3) the reasons for the conclusions and recommendations.
(Added Pub. L. 97-295, 1(49)(A), Oct. 12, 1982, 96 Stat. 1298.)
In the section, ''vessel'' is substituted for ''ship'' for
consistency in title 10 and because of 1:3.
In subsection (a), the words ''To carry out'' are substituted for
''In order to achieve'' for consistency in title 10. The words ''on
October 20, 1978'' are substituted for ''presently'' to reflect the date
of enactment of the source provision.
In subsection (b), the words ''In order that the Congress may be kept
currently informed regarding compliance with the policy expressed in
subsection (a)'' are omitted as unnecessary.
10 USC 7311. Repair or maintenance of naval vessels: handling of
hazardous waste
TITLE 10 -- ARMED FORCES
(a) Contractual Provisions. -- The Secretary of the Navy shall ensure
that each contract entered into for work on a naval vessel (other than
new construction) includes the following provisions:
(1) Identification of hazardous wastes. -- A provision in which the
Navy identifies the types and amounts of hazardous wastes that are
required to be removed by the contractor from the vessel, or that are
expected to be generated, during the performance of work under the
contract, with such identification by the Navy to be in a form
sufficient to enable the contractor to comply with Federal and State
laws and regulations on the removal, handling, storage, transportation,
or disposal of hazardous waste.
(2) Compensation. -- A provision specifying that the contractor shall
be compensated under the contract for work performed by the contractor
for duties of the contractor specified under paragraph (3).
(3) Statement of work. -- A provision specifying the responsibilities
of the Navy and of the contractor, respectively, for the removal
(including the handling, storage, transportation, and disposal) of
hazardous wastes.
(4) Accountability for hazardous wastes. -- (A) A provision
specifying the following:
(i) In any case in which the Navy is the sole generator of hazardous
waste that is removed, handled, stored, transported, or disposed of by
the contractor in the performance of the contract, all contracts,
manifests, invoices, and other documents related to the removal,
handling, storage, transportation, or disposal of such hazardous waste
shall bear a generator identification number issued to the Navy pursuant
to applicable law.
(ii) In any case in which the contractor is the sole generator of
hazardous waste that is removed, handled, stored, transported, or
disposed of by the contractor in the performance of the contract, all
contracts, manifests, invoices, and other documents related to the
removal, handling, storage, transportation, or disposal of such
hazardous waste shall bear a generator identification number issued to
the contractor pursuant to applicable law.
(iii) In any case in which both the Navy and the contractor are
generators of hazardous waste that is removed, handled, stored,
transported, or disposed of by the contractor in the performance of the
contract, all contracts, manifests, invoices, and other documents
related to the removal, handling, storage, transportation, or disposal
of such hazardous waste shall bear both a generator identification
number issued to the Navy and a generator identification number issued
to the contractor pursuant to applicable law.
(B) A determination under this paragraph of whether the Navy is a
generator, a contractor is a generator, or both the Navy and a
contractor are generators, shall be made in the same manner provided
under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et
seq.) and regulations promulgated under that subtitle.
(b) Renegotiation of Contract. -- The Secretary of the Navy shall
renegotiate a contract described in subsection (a) if --
(1) the contractor, during the performance of work under the
contract, discovers hazardous wastes different in type or amount from
those identified in the contract; and
(2) those hazardous wastes originated on, or resulted from material
furnished by the Government for, the naval vessel on which the work is
being performed.
(c) Removal of Wastes. -- The Secretary of the Navy shall remove
known hazardous wastes from a vessel before the vessel's arrival at a
contractor's facility for performance of a contract, to the extent such
removal is feasible.
(d) Relationship to Solid Waste Disposal Act. -- Nothing in this
section shall be construed as altering or otherwise affecting those
provisions of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) that
relate to generators of hazardous waste. For purposes of this section,
any term used in this section for which a definition is provided by the
Solid Waste Disposal Act (or regulations promulgated pursuant to such
Act) has the meaning provided by that Act or regulations.
(Added Pub. L. 99-661, div. A, title XII, 1202(a), Nov. 14, 1986,
100 Stat. 3967; amended Pub. L. 101-189, div. A, title XVI, 1611(a),
Nov. 29, 1989, 103 Stat. 1599.)
The Solid Waste Disposal Act, referred to in subsecs. (a)(4)(B) and
(d), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as
amended generally by Pub. L. 94-580, 2, Oct. 21, 1976, 90 Stat.
2795, which is classified generally to chapter 82 ( 6901 et seq.) of
Title 42, The Public Health and Welfare. Subtitle C of the Solid Waste
Disposal Act is classified generally to subchapter III ( 6921 et seq.)
of chapter 82 of Title 42. For complete classification of this Act to
the Code, see Short Title note set out under section 6901 of Title 42
and Tables.
1989 -- Pub. L. 101-189 amended section generally, substituting
subsecs. (a) to (d) for former subsecs. (a) relating to contractual
provisions, and (b) relating to renegotiation of contract.
Section 1611(b) of Pub. L. 101-189 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with respect
to any contract for work on a naval vessel (other than new construction)
entered into after the end of the 90-day period beginning on the date of
the enactment of this Act (Nov. 29, 1989).''
10 USC 7312. Repair or maintenance of naval vessels: progress
payments under certain contracts
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy shall provide that the rate for
progress payments on naval ship contracts to which this section applies
shall be not less than --
(1) 95 percent, in the case of firms considered to be small
businesses, and
(2) 90 percent, in the case of all other firms.
(b) This section applies to any contract awarded by the Secretary of
the Navy for repair, maintenance, or overhaul of a naval vessel.
(Added Pub. L. 100-180, div. A, title XI, 1102(a)(1), Dec. 4, 1987,
101 Stat. 1145; amended Pub. L. 100-456, div. A, title XII, 1223,
Sept. 29, 1988, 102 Stat. 2054; Pub. L. 101-189, div. A, title XVI,
1612, Nov. 29, 1989, 103 Stat. 1601.)
Section 1102(b) of Pub. L. 100-180 provided that: ''The amendment
made by subsection (a) (enacting this section) does not apply to a
contract awarded pursuant to a solicitation issued before the date of
the enactment of this Act (Dec. 4, 1987).''
1989 -- Subsec. (a). Pub. L. 101-189, 1612(1), substituted ''95
percent'' for ''90 percent'' in par. (1) and ''90 percent'' for ''85
percent'' in par. (2).
Subsec. (b). Pub. L. 101-189, 1612(2), struck out ''(other than a
nuclear-powered vessel) for work required to be performed in one year or
less'' after ''naval vessel''.
1988 -- Subsec. (a). Pub. L. 100-456 inserted ''not less than''
after ''shall be'' in introductory provisions.
10 USC 7313. Ship overhaul work: availability of appropriations for
unusual cost overruns and for changes in scope of work
TITLE 10 -- ARMED FORCES
(a) Unusual Cost Overruns. -- (1) Appropriations available to the
Department of Defense for a fiscal year may be used for payment of
unusual cost overruns incident to ship overhaul, maintenance, and repair
for a vessel inducted into an industrial-fund activity or contracted for
during a prior fiscal year.
(2) The Secretary of Defense shall notify Congress promptly before an
obligation is incurred for any payment under paragraph (1).
(b) Changes in Scope of Work. -- An appropriation available to the
Department of Defense for a fiscal year may be used after the
otherwise-applicable expiration of the availability for obligation of
that appropriation --
(1) for payments to an industrial-fund activity for amounts required
because of changes in the scope of work for ship overhaul, maintenance,
and repair, in the case of work inducted into the industrial-fund
activity during the fiscal year; and
(2) for payments under a contract for amounts required because of
changes in the scope of work, in the case of a contract entered into
during the fiscal year for ship overhaul, maintenance, and repair.
(Added Pub. L. 100-370, 1(n)(1), July 19, 1988, 102 Stat. 850.)
Section is based on Pub. L. 99-190, 101(b) (title VIII, 8005(j),
(k)), Dec. 19, 1985, 99 Stat. 1185, 1203.
In two instances, the source law to be codified by the bill includes
provisions that on their face require that the Department of Defense
notify Congress of certain actions. These notification requirements
were terminated by section 602 of the Goldwater-Nichols Department of
Defense Reorganization Act of 1986 (Public Law 99-433), which terminated
all recurring reporting requirements applicable to the Department of
Defense except for those requirements that were specifically exempted in
that section. The source law sections are sections 8009(c) and 8005(j)
(proviso) of the FY86 defense appropriations Act (Public Law 99-190),
enacted December 19, 1985, which would be codified as section 2201 of
title 10 (by section 1(d) of the bill) and section 7313(a) of title 10
(by section 1(n) of the bill). In codifying the authorities provided
the Department of Defense by these two provisions of law, the committee
believes that it is appropriate to reinstate the congressional
notification requirements that go with those authorities. These
sections were recurring annual appropriation provisions for many years
and were made permanent only months before the enactment of the 1986
Reorganization Act. It is the committee's belief that the failure to
exempt these provisions from the general reports termination provision
was inadvertent and notes that the notification provisions had in fact
previously applied to the Department of Defense for many years. The
action of the committee restores the status quo as it existed before the
Reorganization Act.
Another section 7313 of this title was renumbered section 7314.
10 USC 7314. Overhaul of naval vessels: competition between public
and private shipyards
TITLE 10 -- ARMED FORCES
The Secretary of the Navy should ensure, in any case in which the
Secretary awards a project for repair, alteration, overhaul, or
conversion of a naval vessel following competition between public and
private shipyards, that each of the following criteria is met:
(1) The bid of any public shipyard for the award includes --
(A) the full costs to the United States associated with future
retirement benefits of civilian employees of that shipyard consistent
with computation methodology established by Office of Management and
Budget Circular A-76; and
(B) in a case in which equal access to the Navy supply system is not
allowed to public and private shipyards, a pro rata share of the costs
of the Navy supply system.
(2) Costs applicable to oversight of the contract by the appropriate
Navy supervisor of shipbuilding, conversion, and repair are added to the
bid of any private shipyard for the purpose of comparability analysis.
(3) The award is made using the results of the comparability
analysis.
(Added Pub. L. 100-456, div. A, title XII, 1225(a)(1), Sept. 29,
1988, 102 Stat. 2054, 7313; renumbered 7314, Pub. L. 101-189, div.
A, title XVI, 1622(a), Nov. 29, 1989, 103 Stat. 1604.)
1989 -- Pub. L. 101-189 renumbered section 7313 of this title as
this section.
Section 1225(b) of Pub. L. 100-456 provided that: ''Section 7313
(now 7314) of title 10, United States Code, as added by subsection (a),
applies to any award by the Secretary of the Navy made after the end of
the 30-day period beginning on the date of the enactment of this Act
(Sept. 29, 1988) for repair, alteration, overhaul, or conversion of a
naval vessel following competition between public and private
shipyards.''
10 USC CHAPTER 635 -- NAVAL AIRCRAFT
TITLE 10 -- ARMED FORCES
Sec.
7341. Airplanes and lighter-than-air craft: authorized number.
7342. Percentage required to be constructed or manufactured in
United States plants.
7343. Manufacture in United States plants under certain
circumstances.
7344. Suspension of construction in case of treaty.
7345. Navy aircraft requirements: annual report.
1989 -- Pub. L. 101-189, div. A, title I, 153(a)(2), Nov. 29,
1989, 103 Stat. 1387, added item 7345.
10 USC 7341. Airplanes and lighter-than-air craft: authorized number
TITLE 10 -- ARMED FORCES
(a) The President may acquire, construct, or manufacture naval
airplanes, spare parts, and equipment necessary to provide and maintain
15,000 useful naval airplanes. However, if in the judgment of the
Secretary of the Navy the number of airplanes authorized in this section
is insufficient to meet the needs of the national defense, the Secretary
may, with the approval of the President, make such plans for procurement
as the situation demands.
(b) The President may acquire, construct, or manufacture
lighter-than-air craft, spare parts, and equipment necessary to provide
and maintain 200 useful lighter-than-air craft.
(c) In this section ''useful naval airplanes'' or ''useful
lighter-than-air craft'' means those airplanes or lighter-than-air
craft, as the case may be, on the Navy list that are, or after
reasonable repair can be made, in all respects safe to fly and fitted to
take part in active military operations in time of war. The terms
exclude those airplanes or aircraft classified as experimental or, with
the approval of the Secretary, declared obsolete.
(Aug. 10, 1956, ch. 1041, 70A Stat. 453.)
In subsections (a) and (b) the word ''manufacture'' is inserted for
uniformity.
In subsection (c) the words ''useful naval airplanes or useful
lighter-than-air craft'' are substituted for the words ''useful
airplanes'' to make it clear that the use of the term ''useful naval
airplanes'' in 34 U.S.C. 749d and the term ''useful lighter-than-air
craft'' in 34 U.S.C. 749e have reference to the definition in 34 U.S.C.
749.
10 USC 7342. Percentage required to be constructed or manufactured in
United States plants
TITLE 10 -- ARMED FORCES
(a) At least 10 percent of the aircraft and aircraft engines procured
for the naval service in any year shall be constructed or manufactured
in plants owned and operated by the United States.
(b) In order not to curtail procurement of naval aircraft and
engines, this section is inapplicable when the Secretary of the Navy
determines that plants owned and operated by the United States are
producing to the limit of their capacity.
(Aug. 10, 1956, ch. 1041, 70A Stat. 454.)
In subsections (a) and (b) the words ''and factories'' are omitted as
surplusage.
In subsection (a) the words ''the procurement of which is authorized
by this section and undertaken after March 27, 1934'' are omitted. The
Act of March 27, 1934, ch. 95, 48 Stat. 503, authorized the President
to procure naval aircraft ''in numbers commensurate with a treaty Navy''
(referring to the Washington and London Naval Treaties of 1922 and 1930,
respectively). The provision of law on which this section is based, as
enacted, referred only to aircraft procured pursuant to this
authorization. Although this authorization is superseded by the
aircraft authorization contained in the Act of July 19, 1940, ch. 644,
8, 54 Stat. 780, the provision codified in subsection (a) was
considered by Congress to be applicable to the procurement of aircraft
under the later Act. If it had not been so considered, section 6 of the
1940 Act (codified in subsection (b)) would have been unnecessary.
10 USC 7343. Manufacture in United States plants under certain
circumstances
TITLE 10 -- ARMED FORCES
The President may construct or manufacture at any plant owned and
operated by the United States any naval aircraft, or the engines, spare
parts, or equipment for any such aircraft, if it reasonably appears that
the persons, firms, or corporations, or the agents thereof, who are
bidding on the construction or manufacture of any of these items --
(1) have entered into a combination, agreement, or understanding, the
effect or purpose of which is to deprive the United States of fair,
open, and unrestricted competition in letting contracts for the
construction or manufacture of any of the aircraft, engines, spare
parts, or equipment; or
(2) being solely or peculiarly in position to construct, manufacture,
or furnish the particular type or design of aircraft, engines, spare
parts, or equipment required by the Department of the Navy, have named a
price in excess of cost of production plus a reasonable profit as
provided in section 2382 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 454.)
Clause (1) and the last paragraph of 34 U.S.C. 495 are omitted as
executed.
The Act of March 27, 1934, ch. 95, 48 Stat. 503, authorized the
President to procure naval aircraft ''in numbers commensurate with a
treaty Navy'' (referring to the Washington and London Naval Treaties of
1922 and 1930). The provision of law on which this section is based, as
enacted, referred only to aircraft procured pursuant to this
authorization. Although this authorization is superseded by the
aircraft authorization contained in the Act of July 19, 1940, ch. 644,
8, 54 Stat. 780, the provision covered in this section has been
interpreted to cover aircraft procured under later acts. In clause (1)
the word ''object'' is omitted as surplusage.
10 USC 7344. Suspension of construction in case of treaty
TITLE 10 -- ARMED FORCES
In case of a treaty for the limitation of naval armament to which the
United States is a signatory, the President may suspend so much of the
authorized naval construction as is necessary to bring the naval
aircraft of the United States within the limitations agreed upon. Such
a suspension does not apply to aircraft under construction at the time
the suspension is made.
(Aug. 10, 1956, ch. 1041, 70A Stat. 454.)
The declaration that ''the United States would welcome and support an
international conference for naval limitations'' is omitted as not
having permanent and general significance. The word ''international''
is omitted since all treaties are international in character.
10 USC 7345. Navy aircraft requirements: annual report
TITLE 10 -- ARMED FORCES
(a) Not later than September 1 of each year, the Secretary of the
Navy shall submit to the Committees on Armed Services and the Committees
on Appropriations of the Senate and House of Representatives a report
addressing the current and projected aircraft requirements of the Navy
and the plans of the Navy for aircraft acquisition and modernization.
(b) Each such report shall cover at least the next 10 years and shall
specify the following:
(1) The number of aircraft, by type, required to fully equip the
current and projected force structure of the Navy and the Marine Corps.
(2) The current and projected inventory of each type of aircraft.
(3) The current average age of (A) all Navy and Marine Corps
aircraft, (B) all Navy and Marine Corps combat aircraft, and (C) all
carrier-based combat aircraft.
(4) A list of planned and programmed aircraft acquisition programs
and major aircraft modernization programs, specifying (A) the
approximate numbers of aircraft involved in each program, (B) the
estimated fiscal year in which each program will begin and end, and (C)
the estimated total cost for each program.
(Added Pub. L. 101-189, div. A, title I, 153(a)(1), Nov. 29, 1989,
103 Stat. 1387.)
Section 153(b) of Pub. L. 101-189 provided that: ''Not later than
February 1, 1990, the Secretary of the Navy shall submit to the
congressional defense committees a report containing the information
specified in section 7345 of title 10, United States Code, as added by
subsection (a).''
10 USC CHAPTER 637 -- SALVAGE FACILITIES
TITLE 10 -- ARMED FORCES
Sec.
7361. Naval salvage facilities: contracts for commercial
facilities.
7362. Commercial use of naval facilities.
7363. Transfer of equipment: contract provisions.
7364. Advancement of funds for salvage operations.
7365. Settlement of claims.
7366. Limitation on appropriations.
7367. Disposition of receipts.
10 USC 7361. Naval salvage facilities: contracts for commercial
facilities
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may provide, by contract or otherwise,
necessary salvage facilities for public and private vessels upon such
terms as he determines to be in the best interest of the United States.
(b) The Secretary shall submit to the Secretary of Transportation for
recommendation and comment each proposed contract for salvage facilities
that affects the interests of the Department of Transportation.
(c) Term contracts for salvage facilities may be made under this
section only if --
(1) the Secretary of the Navy determines that available commercial
salvage facilities are inadequate to meet the requirements of national
defense; and
(2) public notice of the intention to enter into the contracts has
been given in a manner and for a period that will, in the Secretary's
judgment, provide the maximum competition for such contracts among
commercial salvage organizations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 455; Aug. 6, 1981, Pub. L.
97-31, 12(3)(D), 95 Stat. 154.)
In subsection (a) the word ''conditions'' is omitted as included in
the word ''terms''.
In subsection (b) the words ''Secretary of Commerce'' and
''Department of Commerce'' are substituted for the words ''Maritime
Commission'' and ''United States Maritime Commission'' to reflect 1950
Reorganization Plan No. 21, effective May 24, 1950, 15 F.R. 3178, 64
Stat. 1273. That Plan abolished the Maritime Commission and established
the Maritime Administration in the Department of Commerce. It also
created the Federal Maritime Board, the Chairman of which is ex officio
the Maritime Administrator and head of the Maritime Administration.
Certain specified functions of the Maritime Commission and its Chairman
were transferred to the Federal Maritime Board or its Chairman. None of
the functions so transferred relate to the subject matter of this
section. All other functions were transferred to the Secretary of
Commerce.
1981 -- Subsec. (b). Pub. L. 97-31 substituted ''Transportation''
for ''Commerce'' in two places.
10 USC 7362. Commercial use of naval facilities
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may acquire or transfer, by charter or
otherwise, for operation by private salvage companies, such vessels and
equipment as he considers necessary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 455.)
10 USC 7363. Transfer of equipment: contract provisions
TITLE 10 -- ARMED FORCES
Before any salvage vessel or salvage gear is sold, chartered, leased,
lent, or otherwise transferred by the Department of the Navy to any
private party, the transferee must agree in writing with the Department
that the vessel or gear will be used to support organized offshore
salvage facilities for a period of as many years as the Secretary
considers appropriate. The agreement shall contain such other
provisions as the Secretary considers appropriate to assure the
fulfillment of the undertaking.
(Aug. 10, 1956, ch. 1041, 70A Stat. 455.)
10 USC 7364. Advancement of funds for salvage operations
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may advance to private salvage companies
such funds as he considers necessary to provide for the immediate
financing of salvage operations. These advances shall be made on terms
that the Secretary considers adequate for the protection of the United
States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 455.)
The word ''conditions'' is omitted as included in the word ''terms''.
10 USC 7365. Settlement of claims
TITLE 10 -- ARMED FORCES
The Secretary of the Navy, or his designee, may consider, ascertain,
adjust, determine, compromise, or settle and receive payment of any
claim by the United States for salvage services rendered by the
Department of the Navy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 456; Aug. 29, 1972, Pub. L.
92-417, 1(4), 86 Stat. 654.)
1972 -- Pub. L. 92-417 struck out ''to any vessel'' after
''Department of the Navy''.
10 USC 7366. Limitation on appropriations
TITLE 10 -- ARMED FORCES
Not more than $3,000,000 may be appropriated annually for the
administration of this chapter.
(Aug. 10, 1956, ch. 1041, 70A Stat. 456.)
The appropriations authorization language is omitted as surplusage,
and the remaining language constituting a restriction on the amount is
rephrased for clarity.
10 USC 7367. Disposition of receipts
TITLE 10 -- ARMED FORCES
Money received under this chapter shall be credited to appropriations
for maintaining salvage facilities by the Department of the Navy.
However, if the amount received in any year exceeds the cost incurred by
the Navy during that year in giving and maintaining salvage services,
the excess shall be covered into the Treasury.
(Aug. 10, 1956, ch. 1041, 70A Stat. 456.)
The words ''as miscellaneous receipts'' are omitted as surplusage.
10 USC CHAPTER 639 -- UNITED STATES NAVAL OBSERVATORY
TITLE 10 -- ARMED FORCES
Sec.
(7391 to 7394. Repealed.)
7395. Naval Observatory: administration.
7396. Naval Observatory: exchange of information with foreign
offices.
1982 -- Pub. L. 97-295, 1(50)(F), Oct. 12, 1982, 96 Stat. 1300,
struck out ''NAVAL OCEANOGRAPHIC OFFICE AND'' from chapter heading.
Pub. L. 97-295, 1(50)(B), Oct. 12, 1982, 96 Stat. 1299, struck out
items 7391 ''United States Naval Oceanographic Office: establishment
and duties'', 7392 ''United States Naval Oceanographic Office: maps,
charts and books'', 7393 ''United States Naval Oceanographic Office:
pilot charts'', and 7394 ''Price of maps, charts, and navigational
publications''.
1964 -- Pub. L. 88-436, 1(b), Aug. 14, 1964, 78 Stat. 436,
substituted ''navigational publications'' for ''nautical books'' in item
7394.
1962 -- Pub. L. 87-533, 1(a)(1), (b), July 10, 1962, 76 Stat. 154,
155, substituted ''United States Naval Oceanographic'' for
''Hydrographic'' in chapter heading and in items 7391 to 7393.
10 USC ( 7391 to 7394. Repealed. Pub. L. 97-295, 1(50)(A), Oct. 12,
1982, 96 Stat. 1299)
TITLE 10 -- ARMED FORCES
Section 7391, acts Aug. 10, 1956, ch. 1041, 70A Stat. 456; July
10, 1962, Pub. L. 87-533, 1(a)(2), 76 Stat. 154, provided for a
United States Naval Oceanographic Office attached to the Office of the
Chief of Naval Operations which would provide navigational aids, charts,
books, and manuals, and was reenacted as section 2791 of this title.
Section 7392, acts Aug. 10, 1956, ch. 1041, 70A Stat. 456; July
10, 1962, Pub. L. 87-533, 1(a)(3), 76 Stat. 154, provided that the
Secretary of the Navy may have the United States Naval Oceanographic
Office prepare navigational aids, charts, and books, and that he may
publish and distribute such materials and buy copyrights of existing
navigational aids, charts, and books, and was reenacted as section 2792
of this title.
Section 7393, acts Aug. 10, 1956, ch. 1041, 70A Stat. 456; July
10, 1962, Pub. L. 87-533, 1(a)(4), 76 Stat. 154, directed that
certain identifying information be printed on United States Naval
Oceanographic pilot charts, and that the Department of Commerce's
Weather Bureau provide the Naval Oceanographic Office with data
necessary for their preparation, and was reenacted as section 2793 of
this title.
Section 7394, acts Aug. 10, 1956, ch. 1041, 70A Stat. 457; July
10, 1962, Pub. L. 87-533, 1(a)(5), 76 Stat. 154; Aug. 14, 1964, Pub.
L. 88-436, 1(a), 78 Stat. 443, directed that publications by the
Naval Oceanographic Office be sold under regulations of the Secretary of
the Navy, and that proceeds be covered into the Treasury, and was
reenacted as section 2794 of this title.
10 USC 7395. Naval Observatory: administration
TITLE 10 -- ARMED FORCES
(a) The Naval Observatory shall be attached to the Office of the
Chief of Naval Operations.
(b) The Superintendent of the Naval Observatory shall be detailed
from officers in the line of the Navy serving in the grade of captain or
above.
(c) The Secretary of the Navy may detail any officer of the Navy,
competent for that duty, to supervise the Nautical Almanac.
(Aug. 10, 1956, ch. 1041, 70A Stat. 457.)
In subsection (a) the words ''together with their respective
functions, are hereby transferred from the Bureau of Naval Personnel,
Department of the Navy'' are omitted as executed. The words ''attached
to'' are substituted for the words ''and shall be administered, subject
to the direction and control of the Secretary of the Navy, under the
Chief of Naval Operations'' for brevity. All orders issued by the Chief
of Naval Operations in performing the duties assigned to him are issued
under the authority of the Secretary of the Navy.
In subsection (b) the words ''until further legislation by Congress''
are omitted as surplusage.
In subsection (c) the word ''detail'' is substituted for the word
''place''. The words ''in charge'' are omitted as surplusage. The word
''duty'' is substituted for the word ''service'' for clarity.
10 USC 7396. Naval Observatory: exchange of information with foreign
offices
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may arrange to exchange data with
foreign almanac offices to reduce the duplication of work in preparing
the different national nautical and astronomical almanacs and make
available for publication a larger amount of data useful to navigators
and astronomers. Each such arrangement shall be made terminable on one
year's notice.
(b) The work of the Nautical Almanac Office shall be so conducted
that in an emergency the part of the work intended for the use of
navigators may be computed by the force of the office without foreign
cooperation.
(Aug. 10, 1956, ch. 1041, 70A Stat. 457; Sept. 8, 1978, Pub. L.
95-357, 92 Stat. 591.)
In subsection (a) the words ''as he may from time to time deem
desirable with a view'' are omitted as surplusage. The words ''a larger
amount of data useful'' are substituted for the words ''increase the
total data which may be of use'' for clarity.
In subsection (b) the words ''during the continuance of any such
arrangement'' are omitted as surplusage. The third proviso of 5 U.S.C.
464 is omitted as obsolete.
1978 -- Subsec. (a). Pub. L. 95-357 struck out ''in the American
Ephemeris and Nautical Almanac'' after ''for publication''.
10 USC CHAPTER 641 -- NAVAL PETROLEUM RESERVES
TITLE 10 -- ARMED FORCES
Sec.
7420. Definitions.
7421. Jurisdiction and control.
7422. Administration.
7423. Periodic re-examination of production requirements.
7424. Protection of oil reserves; contracts for conservation.
7425. Acquisition by condemnation and purchase.
7426. Cooperative or unit plans affecting Naval Petroleum Reserve
Numbered 1.
7427. Cooperative or unit plans in the naval petroleum reserves.
7428. Agreement and leases: provision for change.
7429. Re-lease of certain lands: lessee's preferential right.
7430. Disposition of products.
7431. Requirements as to consultation and approval.
7432. Authorizations of appropriations.
7433. Disposition of royalties.
7434. Annual report to Armed Services Committees.
7435. Foreign interest.
7436. Regulations.
7437. Violations by lessee.
7438. Rifle, Colorado, plant; possession, use, and transfer of.
1990 -- Pub. L. 101-510, div. A, title XIII, 1331(9), Nov. 5,
1990, 104 Stat. 1673, amended item 7434 generally, substituting
''Annual report'' for ''Quarterly reports''.
1980 -- Pub. L. 96-513, title V, 513(32)(C), Dec. 12, 1980, 94
Stat. 2933, substituted ''Naval Petroleum Reserve Numbered'' for
''naval petroleum reserve numbered'' in item 7426.
1979 -- Pub. L. 96-137, 3(b)(2), Dec. 12, 1979, 93 Stat. 1062,
substituted ''Authorizations of appropriations'' for ''Naval petroleum
reserve special account'' in item 7432.
1976 -- Pub. L. 94-258, title II, 201(20), Apr. 5, 1976, 90 Stat.
313, added item 7420 and substituted ''Naval petroleum reserve special
account'' for ''Expenditures; appropriations chargeable'' in item 7432.
1962 -- Pub. L. 87-796, 1(13), Oct. 11, 1962, 76 Stat. 906,
substituted ''Rifle, Colorado, plant; possession, use, and transfer
of'' for ''Exclusion of naval oil shale reserves'' in item 7438.
Property records, basis, reports, see section 2721 of this title.
10 USC 7420. Definitions
TITLE 10 -- ARMED FORCES
In this chapter:
(1) The term ''national defense'' includes the needs of, and the
planning and preparedness to meet, essential defense, industrial, and
military emergency energy requirements relative to the national safety,
welfare, and economy, particularly resulting from foreign military or
economic actions.
(2) The term ''naval petroleum reserves'' means the naval petroleum
and oil shale reserves established by this chapter, including Naval
Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County,
California, established by Executive order of the President, dated
September 2, 1912; Naval Petroleum Reserve Numbered 2 (Buena Vista),
located in Kern County, California, established by Executive order of
the President, dated December 13, 1912; Naval Petroleum Reserve
Numbered 3 (Teapot Dome), located in Wyoming, established by Executive
order of the President, dated April 30, 1915; Oil Shale Reserve
Numbered 1, located in Colorado, established by Executive order of the
President, dated December 6, 1916, as amended by Executive order dated
June 12, 1919; Oil Shale Reserve Numbered 2, located in Utah,
established by Executive order of the President, dated December 6, 1916;
and Oil Shale Reserve Numbered 3, located in Colorado, established by
Executive order of the President, dated September 27, 1924.
(3) The term ''petroleum'' includes crude oil, gases (including
natural gas), natural gasoline, and other related hydrocarbons, oil
shale, and the products of any of such resources.
(4) The term ''Secretary'' means the Secretary of Energy.
(5) The term ''small refiner'' means an owner of a refinery or
refineries (including refineries not in operation) who qualifies as a
small business refiner under the rules and regulations of the Small
Business Administration.
(6) The term ''maximum efficient rate'' means the maximum sustainable
daily oil or gas rate from a reservoir which will permit economic
development and depletion of that reservoir without detriment to the
ultimate recovery.
(Added Pub. L. 94-258, title II, 201(1), Apr. 5, 1976, 90 Stat.
307, and amended Pub. L. 96-513, title V, 513(30), Dec. 12, 1980, 94
Stat. 2933; Pub. L. 100-26, 7(k)(5), Apr. 21, 1987, 101 Stat. 284.)
1987 -- Pub. L. 100-26 substituted colon for dash at end of
introductory provisions, inserted ''The term'' in each par., substituted
periods for semicolons in pars. (1) to (4) and period for ''; and'' in
par. (5).
1980 -- Pub. L. 96-513 in introductory text struck out ''(a)''
before ''In'', in par. (2) struck out provisions relating to Naval
Petroleum Reserve Numbered 4, and in par. (4) substituted ''Energy''
for ''the Navy''.
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 7421. Jurisdiction and control
TITLE 10 -- ARMED FORCES
(a) The Secretary shall take possession of all properties inside the
naval petroleum reserves that are or may become subject to the control
of and use by the United States for national defense purposes, except as
otherwise provided in this chapter.
(b) The Secretary has exclusive jurisdiction and control over those
lands inside Naval Petroleum Reserves Numbered 1 and 2 that are covered
by leases granted under sections 181-184, 185-188, 189-194, 201,
202-209, 211-214, 223, 224-226, 226d, 226e, 227-229a, 241, 251, and
261-263 of title 30, and shall administer those leases.
(Aug. 10, 1956, ch. 1041, 70A Stat. 457; Oct. 11, 1962, Pub. L.
87-796, 1(1), 76 Stat. 904; Apr. 5, 1976, Pub. L. 94-258, title II,
201(2), 90 Stat. 307; Oct. 19, 1984, Pub. L. 98-525, title XIV,
1405(50), 98 Stat. 2625.)
In subsection (b) the reference to the transfer of jurisdiction and
administration is omitted as executed.
Section 194 of title 30, referred to in subsec. (b), was repealed by
Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 644.
Section 204 of title 30, included within the reference to sections
202-209 in subsec. (b), was repealed by Pub. L. 94-377, 13(a), Aug.
4, 1976, 90 Stat. 1090, subject to valid existing rights.
Sections 226d and 226e of title 30, referred to in subsec. (b), were
omitted from the Code. See section 226 of Title 30, Mineral Lands and
Mining.
Section 227 of title 30, referred to in subsec. (b), was omitted
from the Code.
1984 -- Subsec. (b). Pub. L. 98-525 substituted ''Naval Petroleum
Reserves Numbered'' for ''naval petroleum reserves numbered''.
1976 -- Subsec. (a). Pub. L. 94-258 struck out ''of the Navy'' after
''Secretary'', ''and oil shale'' after ''naval petroleum'', and
substituted ''for national defense purposes'' for ''for naval
purposes'', and ''this chapter'' for ''section 7438 hereof''.
1962 -- Subsec. (a). Pub. L. 87-796 empowered the Secretary to take
possession of all properties inside the oil shale reserves, and inserted
the exception clause.
10 USC 7422. Administration
TITLE 10 -- ARMED FORCES
(a) The Secretary, directly or by contract, lease, or otherwise,
shall explore, prospect, conserve, develop, use, and operate the naval
petroleum reserves in his discretion, subject to the provisions of
subsection (c) and the other provisions of this chapter; except that no
petroleum leases shall be granted at Naval Petroleum Reserves Numbered 1
and 3.
(b) Except as otherwise provided in this chapter, particularly
subsection (c), the naval petroleum reserves shall be used and operated
for --
(1) the protection, conservation, maintenance, and testing of those
reserves; or
(2) the production of petroleum whenever and to the extent that the
Secretary, with the approval of the President, finds that such
production is needed for national defense purposes and the production is
authorized by a joint resolution of Congress.
(c)(1) In administering Naval Petroleum Reserves Numbered 1, 2, and
3, the Secretary is authorized and directed --
(A) to further explore, develop, and operate such reserves;
(B) to produce, during any extension of a period under paragraph (2),
such reserves --
(i) at the maximum efficient rate consistent with sound engineering
practices; or
(ii) at a lesser rate consistent with sound engineering practices and
the protection, conservation, maintenance, and testing of such reserves
if the Secretary determines that the minimum price described in section
7430(b)(2) of this title cannot be attained for the United States share
of petroleum (other than natural gas liquids) produced from such
Reserves;
(C) during such production period or any extension thereof to sell or
otherwise dispose of the United States share of such petroleum produced
from such reserves as provided in section 7430 of this title; and
(D) to construct, acquire, or contract for the use of storage and
shipping facilities on and off the reserves and pipelines and associated
facilities on and off the reserves for transporting petroleum from such
reserves to the points where the production from such reserves will be
refined or shipped.
Any pipeline in the vicinity of a naval petroleum reserve not
otherwise operated as a common carrier may be acquired by the Secretary
by condemnation, if necessary, if the owner thereof refuses to accept,
convey, and transport without discrimination and at reasonable rates any
petroleum produced at such reserve. With the approval of the Secretary,
rights-of-way for new pipelines and associated facilities may be
acquired by the exercise of the right of eminent domain in the
appropriate United States district court. Such rights-of-way may be
acquired in the manner set forth in the Act of February 26, 1931 (40
U.S.C. 258a-258e), and the prospective holder of the right-of-way is
''the authority empowered by law to acquire the lands'' within the
meaning of that Act. Such new pipelines shall accept, convey, and
transport without discrimination and at reasonable rates any petroleum
produced at such reserves as a common carrier.
(2) After April 5, 1982, the President may extend the period of
production in the case of any naval petroleum reserve for additional
periods of not to exceed three years each --
(A) after the President requires an investigation to be made, in the
case of each extension, to determine the necessity for continued
production from such naval petroleum reserve;
(B) after the President submits to the Congress, at least 180 days
before the expiration of the current production period prescribed by
this section, or any extension thereof, a copy of the report made to him
on such investigation together with a certification by him that
continued production from such naval petroleum reserve is in the
national interest; and
(C) if neither House of Congress within ninety days after receipt of
such report and certification adopts a resolution disapproving further
production from such naval petroleum reserve.
(Aug. 10, 1956, ch. 1041, 70A Stat. 458; Aug. 24, 1962, Pub. L.
87-599, 1, 76 Stat. 401; Oct. 11, 1962, Pub. L. 87-796, 1(2), 76
Stat. 904; Apr. 5, 1976, Pub. L. 94-258, title II, 201(3), 90 Stat.
307; Dec. 12, 1979, Pub. L. 96-137, 3(a), 93 Stat. 1061; Dec. 12,
1980, Pub. L. 96-513, title V, 513(31), 94 Stat. 2933; Oct. 19, 1984,
Pub. L. 98-525, title XIV, 1405(51), 98 Stat. 2625; Aug. 29, 1986,
Pub. L. 99-413, 1(a), 100 Stat. 944; Dec. 22, 1987, Pub. L. 100-202,
101(g) (title II, 201), 101 Stat. 1329-213, 1329-242; Nov. 29, 1989,
Pub. L. 101-189, div. A, title XVI, 1622(f)(2), 103 Stat. 1605.)
Act of February 26, 1931 (40 U.S.C. 258a-258e), referred to in
subsec. (c)(1), is act Feb. 26, 1931, ch. 307, 46 Stat. 1421, as
amended, known as the ''Declaration of Taking Act'', which is classified
to section 258a et seq. of Title 40, Public Buildings, Property, and
Works. Pub. L. 99-656, 1(2), Nov. 14, 1986, 100 Stat. 3668, amended
act Feb. 26, 1931, by adding section 6, which is classified to section
258e-1 of Title 40.
1989 -- Subsec. (c)(2)(B). Pub. L. 101-189 substituted ''180 days
before'' for ''one hundred eighty days prior to''.
1987 -- Subsec. (c)(1)(B)(ii). Pub. L. 100-202 inserted ''(other
than natural gas liquids)'' after ''petroleum''.
1986 -- Subsec. (c)(1)(B). Pub. L. 99-413, 1(a)(1), added subpar.
(B) and struck out former subpar. (B) which read as follows: ''to
produce such reserves at the maximum efficient rate consistent with
sound engineering practices for a period ending not later than April 5,
1982;''.
Subsec. (c)(3). Pub. L. 99-413, 1(a)(2), struck out par. (3) which
conditioned the production authorization for Naval Petroleum Reserve
Numbered 1 upon private owners' agreements with the Secretary to
continue operations of such reserve under a unitized plan contract that
protected the public interest.
1984 -- Subsec. (b). Pub. L. 98-525 struck out ''of this section''
after ''subsection (c)'' in provisions preceding par. (1).
1980 -- Subsec. (c)(1). Pub. L. 96-513, 513(31)(A)-(D), in cl. (B)
substituted provisions respecting termination on April 5, 1982, for
provisions respecting commencement and termination, respectively, ninety
days after date of enactment of the Naval Petroleum Reserves Production
Act of 1976, and not to exceed six years after such date, in cl. (C)
substituted ''provided in section 7430 of this title'' for ''hereinafter
provided'', and in text following cl. (D) substituted
''discrimination'' for ''discrimiation'', and ''(40 U.S.C. 258a-258e)''
for '', chapter 307 (46 Stat. 1421; 40 U.S.C. 258(a))''.
Subsec. (c)(2). Pub. L. 96-513, 513(31)(E), substituted ''After
April 5, 1982,'' for ''At the conclusion of the six-year production
period authorized by paragraph (1)(B) of this subsection''.
Subsec. (c)(3). Pub. L. 96-513, 513(31)(F), substituted ''by July 4,
1976'' for ''within ninety days after the date of enactment of the Naval
Petroleum Reserves Production Act of 1976''.
1979 -- Subsec. (c)(1). Pub. L. 96-137 struck out in text following
subpar. (D), provision requiring that pipelines and associated
facilities constructed at or procured for Naval Petroleum Reserve
Numbered 1 pursuant to this subsection have adequate capacity to
accommodate not less than three hundred fifty thousand barrels of oil
per day and be fully operable as soon as possible, but not later than
three years after the date of enactment of the Naval Petroleum Reserves
Production Act of 1976.
1976 -- Subsec. (a). Pub. L. 94-258 substituted provisions
authorizing the Secretary to explore, etc., the naval petroleum reserves
in his discretion, subject to subsec. (c) of this section and this
chapter and excepting specified Reserves from leasing arrangements, for
provisions authorizing the Secretary of the Navy, except as provided in
section 7438 hereof, to explore, etc., the naval petroleum preserves and
oil shale reserves in his discretion, subject to Presidential approval.
Subsec. (b). Pub. L. 94-258 in introductory cl. substituted
provisions authorizing use and operation of naval petroleum reserves
except as otherwise provided in this chapter and in particular subsec.
(c) of this section, for provisions authorizing use and operation of
naval petroleum and oil shale reserves and lands outside naval petroleum
reserve numbered 1 covered by contracts under section 7426 of this title
and in cl. (2) struck out reference to gas, oil shale and products
thereof.
Subsec. (c). Pub. L. 94-258 substituted provisions setting forth
manner of administration by Secretary of Naval Petroleum Reserves
Numbered 1, 2, and 3, authorizing President to extend period of
production of any naval petroleum reserve, and conditioning production
authorization for Reserve Numbered 1, for provisions authorizing the
Secretary to develop naval petroleum reserve numbered 4, South Barrow
gas field, and to supply gas to government installations at or near
Point Barrow and to the native village of Barrow.
1962 -- Subsec. (a). Pub. L. 87-796 substituted ''Except as
otherwise provided in section 7438 hereof, the Secretary'' for ''The
Secretary'', and included oil shale reserves.
Subsec. (b). Pub. L. 87-796 included oil shale reserves in the
opening provisions, and substituted ''petroleum, gas, oil shale and
products thereof whenever'' for ''petroleum whenever'' in cl. (2).
Subsec. (c). Pub. L. 87-599 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.
Pub. L. 101-512, title II, Nov. 5, 1990, 104 Stat. 1947, provided:
''That, notwithstanding any other provision of law, revenues received
from the sale of natural gas after the date of enactment of this Act
(Nov. 5, 1990) from wells drilled or communitized in fiscal year 1990
and thereafter as part of gas protection activity at the Naval Oil Shale
Reserves shall be deposited in this account, to remain available until
expended, for use in further gas protection activity''.
Section 3 of Pub. L. 87-599 provided that: ''The Federal agency or
agencies in control of any pipeline between gas wells in the South
Barrow gas field and the town of Barrow may authorize purchasers of the
gas or carriers of the gas to install connections to such pipeline.''
section 1601.
10 USC 7423. Periodic re-examination of production requirements
TITLE 10 -- ARMED FORCES
The Secretary shall from time to time reexamine the need for the
production of petroleum from oil shale for national defense when that
production is authorized under section 7422 of this title. If he finds
that the authorized quantity is no longer needed, he shall reduce
production to the amount currently needed for national defense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 458; Oct. 11, 1962, Pub. L.
87-796, 1(3), 76 Stat. 904; Apr. 5, 1976, Pub. L. 94-258, title II,
201(4), 90 Stat. 309.)
1976 -- Pub. L. 94-258 struck out ''of the Navy'' after
''Secretary'' and ''or products'' after ''petroleum''.
1962 -- Pub. L. 87-796 directed the Secretary to reexamine, from
time to time, the need for production of products from oil shale.
10 USC 7424. Protection of oil reserves; contracts for conservation
TITLE 10 -- ARMED FORCES
(a) To consolidate and protect the oil lands owned by the United
States, the Secretary may --
(1) contract with owners and lessees of land inside or adjoining
naval petroleum reserves for --
(A) conservation of oil and gas; and
(B) compensation for estimated drainage in lieu of drilling or
operating offset wells; and
(2) acquire privately owned lands or leases inside Naval Petroleum
Reserve Numbered 1 by exchange of --
(A) lands of the United States inside Naval Petroleum Reserve
Numbered 1;
(B) the right to royalty production from any of the naval petroleum
reserves; and
(C) the right to any money due the United States as a result of the
wrongful extraction of petroleum products from lands inside Naval
Petroleum Reserve Numbered 1.
(b) The Secretary shall report annually to Congress all agreements
under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 458; Oct. 11, 1962, Pub. L.
87-796, 1(4), 76 Stat. 904; Apr. 5, 1976, Pub. L. 94-258, title II,
201(5), 90 Stat. 309; Dec. 12, 1980, Pub. L. 96-513, title V,
513(32)(A), 94 Stat. 2933.)
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''Naval Petroleum
Reserve Numbered 1'' for ''naval petroleum reserve numbered 1'' wherever
appearing.
1976 -- Subsec. (a). Pub. L. 94-258 struck out ''of the Navy'' after
''Secretary'', ''and oil shale'' after ''petroleum'' in par. (1), and
''in the ground'' after ''conservation'' in subpar. (A) of par. (1).
1962 -- Subsec. (a). Pub. L. 87-796 inserted provisions in cl. (1)
empowering the Secretary to contract with owners and lessees of land
inside or adjoining oil shale reserves.
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 7425. Acquisition by condemnation and purchase
TITLE 10 -- ARMED FORCES
(a) Whenever the Secretary is unable to make arrangements he
considers satisfactory for --
(1) exchanges of land or agreements for conservation authorized by
section 7424 of this title; or
(2) contracts for joint, unit, or other cooperative plans with
respect to lands or leases authorized by section 7426 of this title;
he may acquire, with the approval of the President, such privately
owned lands and leases --
(1) by purchase, inside the naval petroleum reserves, or outside
those reserves on the same geologic structure; and
(2) by condemnation, inside Naval Petroleum Reserve Numbered 1, or,
if there is substantial drainage, outside that reserve on the same
geologic structure.
(b) The Secretary shall report annually to Congress all proceedings
for purchase and condemnation under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 458; Apr. 5, 1976, Pub. L.
94-258, title II, 201(6), 90 Stat. 309; Dec. 12, 1980, Pub. L.
96-513, title V, 513(32)(A), 94 Stat. 2933.)
The words ''Whenever the Secretary of the Navy is unable'' are
substituted for the words ''In the event of the inability of the
Secretary of the Navy'' for brevity.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''Naval Petroleum
Reserve Numbered 1'' for ''naval petroleum reserve numbered 1''.
1976 -- Subsec. (a). Pub. L. 94-258 struck out ''of the Navy'' after
''Secretary''.
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.
Condemnation, see rule 71A, Title 28, Appendix, Judiciary and
Judicial Procedure.
10 USC 7426. Cooperative or unit plans affecting Naval Petroleum
Reserve Numbered 1
TITLE 10 -- ARMED FORCES
(a) Subject to the provisions of section 7422(c) of this title, the
Secretary may contract for joint, unit, or other cooperative plans of
exploration, prospecting, conservation, development, use, and operation
of lands owned or controlled by the United States inside Naval Petroleum
Reserve Numbered 1 and lands owned or leased by private interests --
(1) inside Naval Petroleum Reserve Numbered 1; or
(2) outside Naval Petroleum Reserve Numbered 1 on the same geologic
structure.
(b) Each contract under this section shall require that the United
States will be assured of receiving currently its share of the total
production from each of the commercially productive zones underlying all
lands covered by the contract, as determined from time to time on the
basis of estimates of its original share of the quantities of
recoverable oil, gas, natural gasoline, and associated hydrocarbons in
those zones on the date fixed in the contract.
(c) Any party to such a contract, other than the United States, may
be permitted by the contract to produce and to receive, and shall have
charged to its share in the total production from any zone, petroleum in
such quantities as are necessary to compensate that party --
(1) for its share of the current expenses of protecting, conserving,
testing, and maintaining in good oil-field condition the lands, wells,
and improvements thereon, and its real and personal taxes levied or
assessed thereon; and
(2) for surrendering control of the rate of production from its
lands.
The quantity of petroleum permitted to be produced as compensation
for surrendering control of the rate of production may, in the
discretion of the Secretary, be reduced or eliminated at any time on
reasonable notice if the Secretary is not then having petroleum produced
for national defense under section 7422 of this title.
(d) In no event may the quantity of petroleum produced under
subsection (c) from any zone for any private contracting party exceed
one-third of its share of the recoverable petroleum in that zone as
estimated on the date fixed in the contract.
(e) No contract may be made under this section until the Committees
on Armed Services of the Senate and the House of Representatives have
been consulted as to all its details.
(Aug. 10, 1956, ch. 1041, 70A Stat. 459; Apr. 5, 1976, Pub. L.
94-258, title II, 201(7), 90 Stat. 309; Dec. 12, 1980, Pub. L.
96-513, title V, 513(32)(A), (B), 94 Stat. 2933; Oct. 19, 1984, Pub.
L. 98-525, title XIV, 1405(52), 98 Stat. 2625.)
In subsection (b) the words ''Each contract under this section'' are
substituted for the words ''Any contract entered into pursuant to * * *
conservation, development, use, or operation'' for brevity.
In subsection (c) the words ''pursuant to the authority herein
granted * * * conservation, maintenance and testing'' are omitted as
surplusage. The words ''or zones'' are omitted under the authority of 1
U.S.C. 1.
In subsection (d) the words ''from any zone for any private
contracting party'' are added for clarity. The words ''or zones'' are
omitted for the reason previously stated.
1984 -- Subsec. (a). Pub. L. 98-525 inserted in provisions preceding
par. (1) ''of this title'' after ''section 7422(c)''.
1980 -- Pub. L. 96-513, 513(32)(B), substituted ''Naval Petroleum
Reserve Numbered 1'' for ''naval petroleum reserve numbered 1'' in
section catchline.
Subsec. (a). Pub. L. 96-513, 513(32)(A), substituted ''Naval
Petroleum Reserve Numbered 1'' for ''naval petroleum reserve numbered
1'' wherever appearing.
1976 -- Subsec. (a). Pub. L. 94-258 substituted ''Subject to the
provisions of section 7422(c), the Secretary'' for ''The Secretary of
the Navy''.
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 7427. Cooperative or unit plans in the naval petroleum reserves
TITLE 10 -- ARMED FORCES
The Secretary, with the consent of the President, may make
agreements, with respect to lands inside the naval petroleum reserves,
of the same type as the Secretary of the Interior may make under section
17(m) of the Act of February 25, 1920 (30 U.S.C. 226(m)). No such
agreement made by the Secretary may extend the term of any lease unless
the agreement so provides.
(Aug. 10, 1956, ch. 1041, 70A Stat. 460; Apr. 5, 1976, Pub. L.
94-258, title II, 201(8), 90 Stat. 309; Dec. 12, 1980, Pub. L.
96-513, title V, 513(33), 94 Stat. 2934; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1233(g)(3), 102 Stat. 2058.)
1988 -- Pub. L. 100-456 substituted ''section 17(m)'' for ''section
17(j)'' and ''30 U.S.C. 226(m)'' for ''30 U.S.C. 226(j)''.
1980 -- Pub. L. 96-513 substituted ''section 17(j) of the Act of
February 25, 1920 (30 U.S.C. 226(j))'' for ''section 226e of title 30''.
1976 -- Pub. L. 94-258 struck out ''of the Navy'' after
''Secretary'' 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.
Ex. Ord. No. 12659, Dec. 15, 1988, 53 F.R. 50911, delegated
functions vested in President by sections 7427 and 7428 of this title to
Secretary of Energy, directed Secretary of Energy to prepare and submit
to President before June 30, 1991, a comprehensive report of agreements
and programs executed under the authority thus granted, and provided
that the authority thus delegated expired after Oct. 1, 1991.
Ex. Ord. No. 12784, Dec. 19, 1991, 56 F.R. 66339, 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 and sections 7427 and 7428 of title 10 of the United States Code, and
in order to meet the goals and requirements of the Naval Petroleum and
Oil Shale Reserves, it is hereby ordered as follows:
Section 1. The functions vested in the President by sections 7427
and 7428 of title 10 of the United States Code are delegated to the
Secretary of Energy.
Sec. 2. On or before June 30, 1994, the Secretary of Energy shall
prepare and submit to the President a comprehensive report of the
agreements and programs executed under the authority granted under this
order. The authority delegated herein expires on October 2, 1994.
George Bush.
10 USC 7428. Agreements and leases: provision for change
TITLE 10 -- ARMED FORCES
Every unit or cooperative plan of development and operation, except a
plan authorized by section 7426 of this title, and every lease affecting
lands owned by the United States within Naval Petroleum Reserve Numbered
2 and the oil shale reserves shall contain a provision authorizing the
Secretary, subject to approval by the President and to any limitation in
the plan or lease, to change from time to time the rate of prospecting
and development on, and the quantity and rate of production from, lands
of the United States under the plan or lease, notwithstanding any other
provision of law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 460; Oct. 11, 1962, Pub. L.
87-796, 1(5), 76 Stat. 905; Apr. 5, 1976, Pub. L. 94-258, title II,
201(9), 90 Stat. 309.)
The words ''entered into after July 1, 1937'' and ''entered into
subsequent to July 1, 1937'' are omitted as surplusage. The words ''in
his discretion'' are omitted as surplusage.
1976 -- Pub. L. 94-258 substituted ''within Naval Petroleum Reserve
Numbered 2 and the oil shale reserves shall contain a provision
authorizing the Secretary'' for ''within the naval petroleum and oil
shale reserves shall contain a provision authorizing the Secretary of
the Navy''.
1962 -- Pub. L. 87-796 included leases affecting lands within oil
shale reserves.
For temporary delegation of functions of President under this
section, see Ex. Ord. No. 12784, Dec. 19, 1991, 56 F.R. 66339, set out
as a note under section 7427 of this title.
10 USC 7429. Re-lease of certain lands: lessee's preferential right
TITLE 10 -- ARMED FORCES
The Secretary, on terms prescribed by him, may re-lease lands in the
naval petroleum reserves that were covered by leases made before July 1,
1936, and terminated by law at the expiration of their initial
twenty-year periods. If any such land is to be re-leased, the Secretary
shall give to the former lessee preferential rights to the new lease.
(Aug. 10, 1956, ch. 1041, 70A Stat. 460; Apr. 5, 1976, Pub. L.
94-258, title II, 201(10), 90 Stat. 309.)
The source law provided that leases of lands of the United States
within the naval petroleum reserves in existence before July 1, 1936,
except leases that had become part of an approved unit or cooperative
plan and agreement, should terminate at the end of their initial 20-year
period, and that the lands covered by these leases could then be
re-leased by the Secretary of the Navy. All of the leases covered by
this provision have terminated as provided therein. Thus the provision
for the termination of the leases is executed and the only remaining
effect of the source is to authorize the re-lease of the lands formerly
covered by the terminated leases. This section is worded accordingly.
Reference to the classes of leases that were excepted from the
termination is omitted as unnecessary because these leases were, of
course, not terminated. They are not affected, since this section
refers only to leases that were ''terminated by law''. The word
''conditions'' is omitted as included in the word ''terms''.
1976 -- Pub. L. 94-258 struck out ''of the Navy'' after
''Secretary''.
10 USC 7430. Disposition of products
TITLE 10 -- ARMED FORCES
(a) In administering the naval petroleum reserves under this chapter,
the Secretary shall use, store, or sell the petroleum produced from the
naval petroleum reserves and lands covered by joint, unit, or other
cooperative plans.
(b)(1) Subject to paragraph (2) and notwithstanding any other
provision of law, each sale of the United States share of petroleum
shall be made by the Secretary at public sale to the highest qualified
bidder, at such time, in such amounts, and after such advertising as the
Secretary considers proper and without regard to Federal, State, or
local regulations controlling sales or allocation of petroleum products.
Each sale of the United States share of petroleum shall be for periods
of not more than one year, except that a sale of natural gas may be made
for a period of more than one year.
(2) The Secretary may not sell any part of the United States share of
petroleum produced from Naval Petroleum Reserves Numbered 1, 2, and 3 at
a price less than the higher of --
(A) 90 percent of the current sales price, as estimated by the
Secretary, of comparable petroleum in the same area; or
(B) the price of petroleum being purchased for the Strategic
Petroleum Reserve, minus the cost of transporting petroleum from the
naval petroleum reserve concerned to the nearest storage area of the
Strategic Petroleum Reserve, with adjustments for the difference in the
quality of the petroleum being purchased for the Strategic Petroleum
Reserve and petroleum being produced from the naval petroleum reserve
concerned.
(3) For purposes of paragraph (2), the term ''petroleum'' does not
include natural gas liquids.
(c) In no event shall the Secretary permit the award of any contract
which would result in any person obtaining control, directly or
indirectly, over more than 20 percent of the estimated annual United
States share of petroleum produced from Naval Petroleum Reserve Numbered
1.
(d) Each proposal for sale under this title shall provide that the
terms of every sale of the United States share of petroleum from the
naval petroleum reserves shall be so structured as to give full and
equal opportunity for the acquisition of petroleum by all interested
persons, including major and independent oil producers and refiners
alike. When the Secretary, in consultation with the Secretary of the
Interior, determines that the public interests will be served by the
sale of petroleum to small refiners not having their own adequate
sources of supply of petroleum, the Secretary is authorized and directed
to set aside a portion of the United States share of petroleum produced
for sale to such refiners under the provisions of this section for
processing or use in such refineries, except that --
(1) none of the production sold to small refiners may be resold in
kind;
(2) production must be sold at a cost of not less than the prevailing
local market price of comparable petroleum;
(3) the set-aside portion may not exceed 25 percent of the estimated
annual United States share of the total production from all producing
naval petroleum reserves; and
(4) notwithstanding the provisions of subsection (b), the Secretary
may, at his discretion if he deems it to be in the public interest,
prorate such petroleum among such refiners for sale, without
competition, at not less than the prevailing local market price of
comparable petroleum.
(e) Any petroleum produced from the naval petroleum reserves, except
such petroleum which is either exchanged in similar quantities for
convenience or increased efficiency or transportation with persons or
the government of an adjacent foreign state, or which is temporarily
exported for convenience or increased efficiency of transportation
across parts of an adjacent foreign state and reenters the United
States, shall be subject to all of the limitations and licensing
requirements of the Export Administration Act of 1979 (50 U.S.C. App.
2401 et seq.) and, in addition, before any petroleum subject to this
section may be exported under the limitations and licensing requirement
and penalty and enforcement provisions of the Export Administration Act
of 1979, the President must make and publish an express finding that
such exports will not diminish the total quality or quantity of
petroleum available to the United States and that such exports are in
the national interest and are in accord with the Export Administration
Act of 1979.
(f) During the period of production or any extension thereof
authorized by section 7422(c) of this title, the consultation and
approval requirements of section 7431(a)(3) of this title are waived.
(g)(1) Prior to the promulgation of any rules and regulations, plans
of development and amendments thereto, and in the entering and making of
contracts and operating agreements relating to the development,
production, or sale of petroleum in or from the reserves, the Secretary
shall consult with and give due consideration to the views of the
Attorney General of the United States with respect to matters which may
affect competition.
(2) No contract or operating agreement may be made, issued, or
executed under this chapter until at least 15 days after the Secretary
notifies the Attorney General of the proposed contract or operating
agreement. Such notification shall contain such information as the
Attorney General may require in order to advise the Secretary as to
whether such contract or operating agreement may create or maintain a
situation inconsistent with the antitrust laws. If, within such 15-day
period, the Attorney General advises the Secretary that a contract or
operating agreement may create or maintain a situation inconsistent with
the antitrust laws, then the Secretary may not make, issue, or execute
that contract or operating agreement.
(h) Nothing in this chapter shall be deemed to confer on any person
immunity from civil or criminal liability, or to create defenses to
actions, under the antitrust laws.
(i) In this section, the term ''antitrust laws'' means --
(1) the Sherman Act (15 U.S.C. 1 et seq.);
(2) the Clayton Act (15 U.S.C. 12 et seq.);
(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);
(4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9);
and
(5) sections 2, 3, and 4 of the Act of June 19, 1936 (commonly
referred to as the ''Robinson-Patman Act'') (15 U.S.C. 13a, 13b, and
21a).
(j) Any pipeline which accepts, conveys, or transports any petroleum
produced from Naval Petroleum Reserves Numbered 1 or Numbered 3 shall
accept, convey, and transport without discrimination and at reasonable
rates any such petroleum as a common carrier insofar as petroleum from
such reserves is concerned. Every contract entered into by the
Secretary for the sale of any petroleum owned by the United States which
is produced from such reserves shall contain provisions implementing the
requirements of the preceding sentence if the contractor owns a
controlling interest in any pipeline or any company operating any
pipeline, or is the operator of any pipeline, which carries any
petroleum produced from such naval petroleum reserves. The Secretary
may promulgate rules and regulations for the purpose of carrying out the
provisions of this section and he, or the Secretary of the Interior
where the authority extends to him, may declare forfeit any contract,
operating agreement, right-of-way, permit, or easement held by any
person violating any such rule or regulation. This section shall not
apply to any natural gas common carrier pipeline operated by any person
subject to regulation under the Natural Gas Act (15 U.S.C. 717 et seq.)
or any public utility subject to regulation by a State or municipal
regulatory agency having jurisdiction to regulate the rates and charges
for the sale of natural gas to consumers within the State or
municipality.
(k)(1) With respect to all or any part of the United States share of
petroleum produced from the naval petroleum reserves, the President may
direct that the Secretary --
(A) place that petroleum in the Strategic Petroleum Reserve as
authorized by sections 151 through 166 of the Energy Policy and
Conservation Act (42 U.S.C. 6231-6246); or
(B) exchange, directly or indirectly, that petroleum for other
petroleum to be placed in the Strategic Petroleum Reserve under such
terms and conditions and by such methods as the Secretary determines to
be appropriate, without regard to otherwise applicable Federal
procurement statutes and regulations.
(2) The requirements of section 159 of the Energy Policy and
Conservation Act (42 U.S.C. 6239) do not apply to actions taken under
this subsection.
(l)(1) Notwithstanding any other provision of this chapter (but
subject to paragraph (2)), during any period in which the production of
petroleum is authorized from Naval Petroleum Reserves Numbered 1, 2, or
3, the Secretary, at the request of the Secretary of Defense, may
provide any portion of the United States share of petroleum so produced
to the Department of Defense for its use, exchange, or sale in order to
meet petroleum product requirements of the Department of Defense.
(2) Petroleum may be provided to the Department of Defense under
paragraph (1) either directly or by such exchange as the Secretary deems
appropriate. Appropriate reimbursement reasonably reflecting the fair
market value shall be provided by the Secretary of Defense for petroleum
provided under this subsection.
(3) Any exchange made pursuant to this subsection may be made without
regard to otherwise applicable Federal procurement statutes and
regulations.
(4) Paragraph (1) does not apply to any petroleum set aside for small
refiners under subsection (d) or placed in the Strategic Petroleum
Reserve under subsection (k).
(Aug. 10, 1956, ch. 1041, 70A Stat. 460; Aug. 24, 1962, Pub. L.
87-599, 2, 76 Stat. 401; Oct. 11, 1962, Pub. L. 87-796, 1(6), 76
Stat. 905; Apr. 5, 1976, Pub. L. 94-258, title II, 201(11), 90 Stat.
309; June 30, 1980, Pub. L. 96-294, title VIII, 804, 94 Stat. 777;
Dec. 12, 1980, Pub. L. 96-513, title V, 513(34), 94 Stat. 2934; July
10, 1981, Pub. L. 97-22, 11(a)(10), 95 Stat. 138; Oct. 19, 1984, Pub.
L. 98-525, title XIV, 1405(53), 98 Stat. 2625; Aug. 29, 1986, Pub. L.
99-413, 1(b), (c), 100 Stat. 944, 945; Apr. 21, 1987, Pub. L. 100-26,
7(k)(9), 101 Stat. 284; Dec. 22, 1987, Pub. L. 100-202, 101(g) (title
II, 201), 101 Stat. 1329-213, 1329-242; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1233(e)(2), 102 Stat.
In subsection (a) the words ''subject to the applicable limitations
and restrictions of this Act'' are omitted as surplusage and the words
''in administering'' are inserted.
In subsection (b) the words ''under this section'' are substituted
for the words ''from the naval reserves'' to make it clear that the
requirements of this subsection apply to sales of petroleum, gas, and
other hydrocarbons from lands outside petroleum reserve numbered 1
covered by joint, unit, or other cooperative plans as well as the sale
of those products from the naval reserves proper. Subsection (a) is the
only authority for the sale of petroleum, gas, and other hydrocarbons
from the naval petroleum reserves.
The Export Administration Act of 1979, referred to in subsec. (e),
is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, 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 Sherman Act, referred to in subsec. (i)(1), is act July 2, 1890,
ch. 647, 26 Stat. 209, as amended, which is classified to sections 1
to 7 of Title 15, Commerce and Trade. For complete classification of
this Act to the Code, see Short Title note set out under section 1 of
Title 15 and Tables.
The Clayton Act, referred to in subsec. (i)(2), is act Oct. 15,
1914, ch. 323, 38 Stat. 730, as amended, which is classified generally
to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of Title 15, and
sections 52 and 53 of Title 29, Labor. For further details and complete
classification of this Act to the Code, see References in Text note set
out under section 12 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in subsec. (i)(3), is
act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
classified generally to subchapter I ( 41 et seq.) of chapter 2 of Title
15. For complete classification of this Act to the Code, see section 58
of Title 15 and Tables.
Sections 73 and 74 of the Wilson Tariff Act, referred to in subsec.
(i)(4), are sections 73 and 74 of act Aug. 27, 1894, ch. 349, 28 Stat.
570, which enacted sections 8 and 9, respectively, of Title 15.
Act of June 19, 1936, referred to in subsec. (i)(5), is act June 19,
1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman
Anti-discrimination Act and also as the Robinson-Patman Price
Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15
and amended section 13 of Title 15. For complete classification of this
Act to the Code, see Short Title note set out under section 13 of Title
15 and Tables.
The Natural Gas Act, referred to in subsec. (j), is act June 21,
1938, ch. 556, 52 Stat. 821, as amended, which is classified generally
to chapter 15B ( 717 et seq.) of Title 15. For complete classification
of this Act to the Code, see section 717w of Title 15 and Tables.
1988 -- Subsec. (b)(3). Pub. L. 100-456 realigned margin of par.
(3) and substituted a period for comma at end.
1987 -- Subsec. (b)(3). Pub. L. 100-202 added par. (3).
Subsec. (i). Pub. L. 100-26 substituted ''In'' for ''As used in''.
1986 -- Subsec. (b). Pub. L. 99-413, 1(b), designated existing
provisions as par. (1), substituted ''Subject to paragraph (2) and
notwithstanding'' for ''Notwithstanding'', and added par. (2).
Subsec. (g)(2). Pub. L. 99-413, 1(c), substituted ''15 days'' for
''30 days'' and ''15-day'' for ''30-day''.
1984 -- Subsec. (d)(4). Pub. L. 98-525, 1405(53)(A), struck out
''of this section'' after ''subsection (b)''.
Subsec. (g)(2). Pub. L. 98-525, 1405(53)(B), substituted ''30 days''
for ''thirty days'' and ''30-day'' for ''thirty day''.
Subsec. (l)(4). Pub. L. 98-525, 1405(53)(C), struck out ''of this
section'' after ''subsection (d)'' and ''subsection (k)''.
1981 -- Subsec. (e). Pub. L. 97-22 substituted ''Export
Administration Act of 1979'' for ''Export Administration Act of 1969''
in three places.
1980 -- Subsec. (b). Pub. L. 96-294, 804(a), struck out ''for
periods of not more than one year,'' after ''qualified bidder,'' and
inserted last sentence limiting sales of the United States share of
petroleum to periods of not more than one year, except for sales of
natural gas.
Subsecs. (c), (d)(3). Pub. L. 96-513(34)(A), substituted ''percent''
for ''per centum''.
Subsec. (e). Pub. L. 96-513, 513(34)(B), substituted ''(50 U.S.C.
App. 2401 et seq.)'' for ''(83 Stat. 841)''.
Subsec. (f). Pub. L. 96-513, 513(34)(C), inserted references to this
title wherever appearing.
Subsec. (i). Pub. L. 96-513, 513(34)(D), substituted ''(1) the
Sherman Act (15 U.S.C. 1 et seq.);'', ''(2) the Clayton Act (15 U.S.C.
12 et seq.);'', ''(3) the Federal Trade Commission Act (15 U.S.C. 41 et
seq.);'', ''(4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8
and 9); and'', and ''(5) sections 2, 3, and 4 of the Act of June 19,
1936 (commonly referred to as the 'Robinson-Patman Act') (15 U.S.C. 13a,
13b, and 21a).'' for ''(1) the Act entitled 'An Act to protect trade and
commerce against unlawful restraints and monopolies', approved July 2,
1890 (15 U.S.C. 1 et seq.), as amended;'' ''(2) the Act entitled 'An Act
to supplement existing laws against unlawful restraints and monopolies,
and for other purposes', approved October 15, 1914 (15 U.S.C. 12 et
seq.), as amended;'' ''(3) the Federal Trade Commission Act (15 U.S.C.
41 et seq.), as amended;'' ''(4) sections 73 and 74 of the Act entitled
'An Act to reduce taxation, to provide revenue for the Government, and
for other purposes', approved August 27, 1894 (15 U.S.C. 8 and 9), as
amended; or'', and ''(5) sections 2, 3, and 4 of the Act of June 19,
1936, chapter 592 (15 U.S.C. 13a, 13b, and 21a)'', respectively.
Subsec. (j). Pub. L. 96-513, 513(34)(E), inserted ''(15 U.S.C. 717
et seq.)''.
Subsec. (k). Pub. L. 96-294, 804(b), amended subsec. (k) generally,
inserting references to the Secretary, provision authorizing the
exchange of petroleum under terms and conditions determined appropriate
without regard to Federal procurement statutes and regulations, and
provision making 42 U.S.C. 6239 inapplicable.
Subsec. (l). Pub. L. 96-294, 804(c), added subsec. (l).
1976 -- Subsec. (a). Pub. L. 94-258 substituted provisions setting
forth requirements for Secretary in administering naval petroleum
reserves under this chapter, for provisions setting forth requirements
for Secretary of the Navy in administering naval petroleum and oil shale
reserves under this chapter.
Subsec. (b). Pub. L. 94-258 inserted ''Notwithstanding any other
provision of law'' before ''each sale'', reference to United States
share of petroleum, provision relating to periods of sale, and provision
exempting Federal, State, or local regulations controlling sales or
allocation of petroleum products, and struck out applicability to sales
of gas, other hydrocarbons, oil shale, or products therefrom.
Subsecs. (c) to (k). Pub. L. 94-258 added subsecs. (c) to (k).
1962 -- Subsec. (a). Pub. L. 87-796 included provision for
administration of oil shale reserves, required the Secretary of the Navy
to use, store, sell, or exchange oil shale and products therefrom
produced from oil shale reserves for other petroleum or refined
products, and deleted provision which required the Secretary to use,
store, sell, or exchange gas products from lands in the South Barrow gas
field of naval petroleum reserve numbered 4 for other petroleum or
refined products.
Pub. L. 87-599 required the Secretary of the Navy to use, store,
sell, or exchange gas products from lands in the South Barrow gas field
of naval petroleum reserve numbered 4 for other petroleum or refined
products.
Subsec. (b). Pub. L. 87-796 included sale of oil shale and products
from petroleum, gas, other hydrocarbons, and oil shale.
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 vested in President by subsec. (k) of this section
delegated to Secretary of Energy by section 1-102 of Ex. Ord. No.
12231, Aug. 4, 1980, 45 F.R. 52139, set out as a note under section
6240 of Title 42, The Public Health and Welfare.
section 1601.
10 USC 7431. Requirements as to consultation and approval
TITLE 10 -- ARMED FORCES
(a) The Committee on Armed Services of the Senate and the House of
Representatives must be consulted and the President's approval must be
obtained before any condemnation proceedings may be started under this
chapter and before any of the following transactions authorized by this
chapter may be effective:
(1) A lease of any part of the naval petroleum reserves.
(2) A contract to alienate from the United States the use, control,
or possession of any part of the naval petroleum reserves (except that
consultation and Presidential approval are not required in connection
with the issuance of permits, licenses, easements, grazing and
agricultural leases, rights-of-way, and similar contracts pertaining to
use of the surface area of the naval petroleum reserves).
(3) A contract to sell the petroleum (other than royalty oil and gas)
produced from any part of the naval petroleum reserves.
(4) A contract for conservation or for compensation for estimated
drainage.
(5) An agreement to exchange land, the right to royalty production,
or the right to any money due the United States.
(b)(1) During the period of production authorized by section 7422(c)
of this title, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives any new plans or
substantial amendments to ongoing plans for the exploration,
development, and production of the naval petroleum reserves.
(2) All plans or substantial amendments submitted to the Congress
pursuant to this section shall contain a report by the Attorney General
of the United States with respect to the anticipated effects of such
plans or amendments on competition. Such plans or amendments shall not
be implemented until sixty days after such plans or amendments have been
submitted to such committees.
(c) During the period of production authorized by section 7422(c) of
this title, the Secretary shall submit annual reports as of the first
day of the fiscal year to the Committees on Armed Services of the Senate
and the House of Representatives, and such committees shall cause such
reports to be printed as a Senate or House document, as appropriate.
The Secretary shall include in such reports, with respect to each naval
petroleum reserve, an explanation in detail of the following:
(1) The status of the exploration, development, and production
programs.
(2) The production that has been achieved, including the disposition
of such production and the proceeds realized therefrom.
(3) The status of pipeline construction and procurement and problems
related to the availability of transportation facilities.
(4) A summary of future plans for exploration, development,
production, disposal, and transportation of the production from the
naval petroleum reserves.
(5) Such other information regarding the reserve as the Secretary
deems appropriate.
(Aug. 10, 1956, ch. 1041, 70A Stat. 460; Oct. 11, 1962, Pub. L.
87-796, 1(7), 76 Stat. 905; Apr. 5, 1976, Pub. L. 94-258, title II,
201(12), 90 Stat. 311; Oct. 19, 1984, Pub. L. 98-525, title XIV,
1405(52), 98 Stat. 2625; Nov. 8, 1985, Pub. L. 99-145, title XIII,
1303(a)(25), 99 Stat. 740.)
1985 -- Subsec. (c). Pub. L. 99-145 in pars. (1) to (3) substituted
''The'' for ''the'' at beginning and periods for the semicolons at end,
in par. (4) substituted ''A summary'' for ''a summary'' and a period
for ''; and'', and in par. (5) substituted ''Such'' for ''such''.
1984 -- Subsecs. (b)(1), (c). Pub. L. 98-525 inserted ''of this
title'' after ''section 7422(c)''.
1976 -- Pub. L. 94-258 designated existing provisions as subsec.
(a), struck out ''or oil shale'' in pars. (1) and (2) before
''reserves'', struck out ''and oil shale'' in pars. (2) and (3), before
''reserves'' substituted ''petroleum (other than royalty oil and gas)''
for ''oil and gas (other than royalty oil and gas), oil shale, and
products therefrom'' in par. (3), and added subsecs. (b) and (c).
1962 -- Pub. L. 87-796 included oil shale reserves in cls. (1) and
(2), inserted provisions in cl. (2) excepting consultation and
Presidential approval in connection with issuance of permits, licenses,
easements, grazing and agricultural leases, rights-of-way, and similar
contracts pertaining to use of surface area of naval petroleum and oil
shale reserves, and included oil shale, and products therefrom produced
from any part of oil shale reserves.
Pub. L. 101-45, title I, 501, June 30, 1989, 103 Stat. 103,
provided that: ''No funds appropriated or made available heretofore or
hereafter under this or any other Act may be used by the executive
branch to contract with organizations outside the Department of Energy
to perform studies of the potential transfer out of Federal ownership,
management or control by sale, lease, or other disposition, in whole or
in part, the facilities and functions of Naval Petroleum Reserve
Numbered 1 (Elk Hills), located in Kern County, California, established
by Executive order of the President, dated September 2, 1912, and Naval
Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming,
established by Executive order of the President, dated April 30, 1915:
Provided, That the negotiation of changes to the unit plan contract with
Chevron which governs operation of Elk Hills, where the purpose of the
changes is to prepare for the divestiture of the Reserve, is
prohibited.''
10 USC 7432. Authorizations of appropriations
TITLE 10 -- ARMED FORCES
(a) Funds for the following purposes may not be appropriated unless
such appropriations have been specifically authorized by law:
(1) Exploration, prospecting, conservation, development, use,
operations, and production of the naval petroleum reserves as authorized
by this chapter.
(2) Production (including preparation for production) as authorized
by this chapter or as may be authorized after April 5, 1976.
(3) The construction and operation of facilities both within and
outside the naval petroleum reserves incident to the production and the
delivery of petroleum, including pipelines and shipping terminals.
Sums appropriated for such purposes shall remain available until
expended.
(b) Contracts under this chapter providing for the obligation of
funds may be entered into for a period of five years, renewable for an
additional five-year period; however, such contracts may obligate funds
only to the extent that such funds are made available in appropriation
Acts.
(Aug. 10, 1956, ch. 1041, 70A Stat. 461; Oct. 11, 1962, Pub. L.
87-796, 1(8), 76 Stat. 905; Apr. 5, 1976, Pub. L. 94-258, title II,
201(13), 90 Stat. 312; Dec. 12, 1979, Pub. L. 96-137, 3(b)(1), 93
Stat. 1061; Dec. 12, 1980, Pub. L. 96-513, title V, 513(35), 94 Stat.
2934.)
In subsection (a) the words ''by the Congress'' are omitted as
surplusage.
In subsection (b) the words ''There is authorized to be
appropriated'' are omitted as surplusage.
1980 -- Subsec. (a)(1). Pub. L. 96-513 substituted a period for the
semicolon at the end.
1979 -- Pub. L. 96-137 struck out provisions relating to the naval
petroleum reserves special account.
1976 -- Pub. L. 94-258 substituted ''Naval petroleum reserves
special account'' for ''Expenditures: appropriations chargeable'' in
section catchline.
Subsec. (a). Pub. L. 94-258 substituted provisions establishing a
special account on the books of the Treasury Department to be designated
as the ''naval petroleum reserves special account'', and authorizing to
be credited proceeds resulting from the sale or exchange of the United
States share of petroleum, refined petroleum products, appropriation
funds, royalties, or other revenue from the operation of the reserves,
for provisions authorizing the expenditure of funds from available
appropriations for expenses incurred in the administration of the
reserves.
Subsec. (b). Pub. L. 94-258 substituted provisions which made funds
in the naval petroleum reserve special account available in sums
specified in annual appropriations acts for enumerated expense items,
for provisions which authorized expenditures to be made under the
direction of the President and requiring the President to submit an
estimate of expenditures necessary to carry out the purposes of this
chapter.
Subsecs. (c), (d). Pub. L. 94-258 added subsecs. (c) and (d).
1962 -- Subsec. (a). Pub. L. 87-796 substituted ''with respect to
the naval petroleum and oil shale reserves shall be paid from
appropriations made available for the purposes specified in this
chapter'' for ''in exploring, prospecting, conserving, developing, using
and operating lands owned or controlled by the United States in the
naval petroleum reserves, and in producing petroleum, and the share of
the United States of expenses incurred under any contract entered into
under this chapter, shall be paid from appropriations made available for
those purposes''.
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 3(c) of Pub. L. 96-137 provided that: ''The naval petroleum
reserves special account established by section 7432 of title 10, United
States Code, as in existence on the day before the date of the enactment
of this Act (Dec. 12, 1979), is abolished. Unappropriated balances of
funds in the naval petroleum reserves special account on the date of the
enactment of this Act shall be transferred on the books of the Treasury
into miscellaneous receipts, and all moneys accruing to the United
States after such date under chapter 641 of title 10, United States
Code, shall be covered into the Treasury as miscellaneous receipts.''
10 USC 7433. Disposition of royalties
TITLE 10 -- ARMED FORCES
(a) Any oil, gas, gasoline or other substance accruing to the United
States as royalty from any lease under this chapter shall be delivered
to the United States, or shall be paid for in money, as the Secretary
elects.
(b) All money accruing to the United States from lands in the naval
petroleum reserves shall be covered into the Treasury.
(Aug. 10, 1956, ch. 1041, 70A Stat. 461; Oct. 11, 1962, Pub. L.
87-796, 1(9), 76 Stat. 905; Apr. 5, 1976, Pub. L. 94-258, title II,
201(14), (15), 90 Stat. 313.)
In subsection (a) the words ''or all'' are omitted as surplusage.
The words ''under this chapter'' are substituted for the words ''of
lands within the naval petroleum reserves or other naval fuel reserves
under the authority of this section'' for brevity. The words ''be
delivered to the United States, or shall be paid for in money'' are
substituted for the words ''be paid for in money or be paid in kind''
for clarity. Neither gas, oil, gasoline, nor hydrocarbon can be
''paid'', but any one of them may be delivered.
In subsection (b) the words ''except as otherwise provided in this
section'' are omitted as surplusage. There is no exception within the
chapter to the rule stated in subsection (b). The word ''paid'' is
substituted for the words ''which may accrue'' for clarity. The words
''under this chapter'' are substituted for the words ''under the
provisions of this section or of sections * * * on account of the
petroleum products extracted therefrom'' for brevity. The two terms are
coextensive. The sections of 30 U.S.C. that are cited in 34 U.S.C. 524
(10th par.) comprise the entire Act of Feb. 25, 1920, ch. 85, 41 Stat.
437, as amended. The application of that Act to the Navy is covered in
7427 of this title. The words ''as miscellaneous receipts'' are
omitted as surplusage.
1976 -- Subsec. (a). Pub. L. 94-258, 201(14), struck out ''of the
Navy'' after ''Secretary''.
Subsec. (b). Pub. L. 94-258, 201(15), struck out ''and oil shale''
after ''petroleum''.
1962 -- Subsec. (a). Pub. L. 87-796 substituted ''or other
substance'' for ''or other hydrocarbon substance''.
Subsec. (b). Pub. L. 87-796 substituted ''All money accruing to the
United States from lands in the naval petroleum and oil shale reserves''
for ''Money paid to the United States for petroleum products under this
chapter''.
10 USC 7434. Annual report to Armed Services Committees
TITLE 10 -- ARMED FORCES
The Secretary shall submit to the Committees on Armed Services of the
Senate and House of Representatives an annual report on the production
from the naval petroleum reserves during the preceding calendar year.
Each such report shall be submitted within 30 days after the end of a
fiscal year.
(Aug. 10, 1956, ch. 1041, 70A Stat. 461; Sept. 2, 1958, Pub. L.
85-861, 33(a)(35), 72 Stat. 1566; Oct. 11, 1962, Pub. L. 87-796,
1(10), 76 Stat. 906; Apr. 5, 1976, Pub. L. 94-258, title II, 201(16),
90 Stat. 313; Dec. 12, 1980, Pub. L. 96-513, title V, 513(36), 94
Stat. 2934; Nov. 5, 1990, Pub. L. 101-510, div. A, title XIII,
1311(7), 104 Stat. 1670.)
1990 -- Pub. L. 101-510 substituted ''Annual report'' for
''Quarterly reports'' in section catchline and amended text generally.
Prior to amendment, text read as follows: ''Within thirty days after
the close of each quarter, the Secretary shall report to the Committees
on Armed Services of the Senate and House of Representatives the
production from the naval petroleum reserves during the preceding
quarter.''
1980 -- Pub. L. 96-513 struck out ''of the Navy'' after
''Secretary''.
1976 -- Pub. L. 94-258 struck out ''and oil shale'' after
''petroleum''.
1962 -- Pub. L. 87-796 required a report of the production from oil
shale reserves.
1958 -- Pub. L. 85-861 substituted ''Committees'' for ''Committee''.
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. 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 7435. Foreign interest
TITLE 10 -- ARMED FORCES
(a) If the laws, customs, or regulations of any foreign country deny
the privilege of leasing public lands to citizens or corporations of the
United States, citizens of that foreign country, or corporations
controlled by citizens of that country, may not, by contract made after
July 1, 1937, or by stock ownership, holding, or control, acquire or own
any interest in, or right to any benefit from, any lease of land in the
naval petroleum, naval oil shale, or other naval fuel reserves made
under sections 181-184, 185-188, 189-194, 201, 202-209, 211-214, 223,
224-226, 226d, 226e, 227-229a, 241, 251, and 261-263 of title 30, or
under this chapter.
(b) The Secretary may cancel any lease for any violation of this
section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 461; Oct. 11, 1962, Pub. L.
87-796, 1(11), 76 Stat. 906; Apr. 5, 1976, Pub. L. 94-258, title II,
201(17), 90 Stat. 313.)
In subsection (a) the words ''foreign country'' are substituted for
the words ''another country'' for clarity.
In subsection (b) the word ''for'' is substituted for the words ''in
the event of'' for brevity.
Section 194 of title 30, referred to in subsec. (a), was repealed by
Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 644.
Section 204 of title 30, referred to in subsec. (a), was repealed by
Pub. L. 94-377, 13(a), Aug. 4, 1976, 90 Stat. 1090, subject to valid
existing rights.
Sections 226d and 226e of title 30, referred to in subsec. (a), were
omitted from the Code. See section 226 of Title 30, Mineral Lands and
Mining.
Section 227 of title 30, referred to in subsec. (a), was omitted
from the Code.
1976 -- Subsec. (b). Pub. L. 94-258 struck out ''of the Navy'' after
''Secretary''.
1962 -- Subsec. (a). Pub. L. 87-796 substituted ''land in the naval
petroleum, naval oil shale, or other naval fuel reserves'' for ''land in
the naval petroleum or other naval fuel reserves''.
10 USC 7436. Regulations
TITLE 10 -- ARMED FORCES
(a) The Secretary may prescribe regulations and take any proper
action to accomplish the purposes of this chapter.
(b) All statements, reports, and representations required by the
regulations shall be under oath, unless otherwise specified, and in such
form as the Secretary requires.
(Aug. 10, 1956, ch. 1041, 70A Stat. 461; Apr. 5, 1976, Pub. L.
94-258, title II, 201(18), 90 Stat. 313.)
In subsection (a) the words ''necessary rules and'' are omitted as
surplusage, and the words ''to take any proper action'' are substituted
for the words ''to do any and all things necessary or proper'' for
brevity.
1976 -- Subsec. (a). Pub. L. 94-258 struck out ''of the Navy,
subject to approval by the President,'' after ''Secretary''.
10 USC 7437. Violations by lessee
TITLE 10 -- ARMED FORCES
(a) If a lessee fails to comply with any provision of this chapter,
of his lease, or of regulations issued under section 7436 of this title
that are in force on the date of his lease, the lease may be forfeited
and cancelled by an appropriate proceeding in the United States district
court for the district in which any part of the property is located.
(b) The lease may provide appropriate methods for the settlement of
disputes and remedies for breach of specified conditions.
(Aug. 10, 1956, ch. 1041, 70A Stat. 461.)
In subsection (a) the words ''the district in which any part of the
property is located'' are substituted for the words ''the district in
which the property, or some part thereof, is located,'' for brevity.
In subsection (b) the words ''for resort to'' and ''for'' are omitted
as surplusage.
10 USC 7438. Rifle, Colorado, plant; possession, use, and transfer of
TITLE 10 -- ARMED FORCES
(a) The Secretary shall take possession of the experimental
demonstration facility near Rifle, Colorado, which was constructed and
operated by the Department of the Interior on lands on or near the naval
oil shale reserves under the Act of April 5, 1944 (30 U.S.C. 321 et
seq.).
(b) The Secretary, subject to the approval of the President, shall by
contract, lease, or otherwise encourage the use of the facility
described in subsection (a) in research, development, test, evaluation,
and demonstration work. For such purposes the Secretary may use or
lease for use by institutions, organizations, or individuals, public or
private, the facility described in subsection (a) and may construct,
install, and operate, or lease for operation additional experimental
facilities on such lands. The Secretary may, after consultation with
the Committees on Armed Services of the Senate and the House of
Representatives, mine and remove, or authorize the mining and removal,
of any oil shale or products therefrom from lands in the naval oil shale
reserves that may be needed for such experimentation.
(c) Nothing in this chapter shall be construed --
(1) to authorize the commercial development and operation of the
naval oil shale reserves by the Government in competition with private
industry; or
(2) in diminution of the responsibility of the Secretary in providing
oil shale and products therefrom for needs of national defense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 462; Oct. 11, 1962, Pub. L.
87-796, 1(12), 76 Stat. 906; Apr. 5, 1976, Pub. L. 94-258, title II,
201(19), 90 Stat. 313; Dec. 12, 1980, Pub. L. 96-513, title V,
513(37), 94 Stat. 2934.)
The words ''this chapter does not authorize'' are substituted for the
words ''nothing herein contained shall be construed to permit'' for
brevity.
Act April 5, 1944, referred to in subsec. (a), is act Apr. 5, 1944,
ch. 172, 58 Stat. 190, as amended, which is classified generally to
chapter 6 ( 321 et seq.) of Title 30, Mineral Lands and Mining. For
complete classification of this Act to the Code see Tables.
1980 -- Subsec. (a). Pub. L. 96-513, 513(37)(A), substituted
provisions relating to authority of the Secretary under the specified
statute, for provisions relating to authority of the Administrator of
the Energy Research and Development Administration under the specified
statute.
Subsec. (b). Pub. L. 96-513, 513(37)(B), substituted provisions
relating to authorities of the Secretary, for provisions relating to
authorities of the Administrator of the Energy Research and Development
Administration.
Subsec. (c). Pub. L. 96-513, 513(37)(C), substituted ''in this
chapter'' for ''herein contained''.
1976 -- Subsec. (a). Pub. L. 94-258 substituted ''Administrator of
the Energy Research and Development Administration'' for ''Secretary of
the Interior''.
Subsec. (b). Pub. L. 94-258 substituted ''Administrator of the Energy
Research and Development Administration'' for ''Secretary of the
Interior'' wherever appearing therein and struck out ''of the Navy''
after ''Secretary'' wherever appearing.
Subsec. (c). Pub. L. 94-258 struck out ''of the Navy'' after
''Secretary''.
1962 -- Pub. L. 87-796 amended section generally by substituting
provisions relating to the possession, use, and transfer of the
experimental demonstration facility near Rifle, Colorado, for provisions
which stated that this chapter does not authorize the development or
operation of the naval oil-shale reserves.
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 643 -- CIVILIAN EMPLOYEES
TITLE 10 -- ARMED FORCES
Sec.
(7471. Repealed.)
7472. Physical examination: employees engaged in hazardous
occupations.
7473. Employment of aliens.
(7474, 7475. Repealed.)
7476. Administration of oaths by clerks and employees.
7477. Transportation of dependents and household effects of civilian
personnel stationed outside the United States: payment in lieu of
transportation.
7478. Naval War College and Marine Corps Command and Staff College:
civilian faculty members.
1989 -- Pub. L. 101-189, div. A, title XI, 1124(c)(2), Nov. 29,
1989, 103 Stat. 1559, substituted ''Naval War College and Marine Corps
Command and Staff College: civilian faculty members'' for ''Naval War
College: employment of civilian professors; compensation'' in item
7478.
1966 -- Pub. L. 89-718, 43, Nov. 2, 1966, 80 Stat. 1120, struck
out item 7474 ''Wage rates: establishment''.
1959 -- Pub. L. 86-148, 1(2), Aug. 7, 1959, 73 Stat. 302, struck
out item 7475 ''Force at naval activities not to be increased before
elections''.
1958 -- Pub. L. 85-861, 1(151), Sept. 2, 1958, 72 Stat. 1513,
struck out item 7471 ''Appointments: professional and scientific
services''.
10 USC ( 7471. Repealed. Pub. L. 85-861, 36B(23), Sept. 2, 1958, 72
Stat. 1571)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 462, related to
appointments in professional and scientific service.
10 USC 7472. Physical examination: employees engaged in hazardous
occupations
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may provide for physical examination by
civilians of employees engaged in hazardous occupations, where the
professional services of the Medical Department are not available. The
Secretary may compensate these civilians for their services, on a
contract or fee basis, at the rates customary in the locality.
(b) The Secretary, to the extent he considers proper, may delegate
the authority conferred by this section to any person in the Department
of the Navy, with or without the authority to make successive
redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 462.)
In subsection (b) the words ''except the authority to prescribe
regulations'' are omitted, since 5 U.S.C. 415c contains no authority for
the Secretary of the Navy to prescribe regulations for the
administration of that section.
10 USC 7473. Employment of aliens
TITLE 10 -- ARMED FORCES
Laws prohibiting payment of compensation to a person who is not a
citizen of the United States do not apply to a person whose employment
by the Department of the Navy is determined by the Secretary of the Navy
to be necessary to obtain for the armed forces the benefits of the
special technical or scientific knowledge or experience possessed by
that person and not readily obtainable from a citizen.
(Aug. 10, 1956, ch. 1041, 70A Stat. 462.)
The word ''Laws'' is substituted for the words ''Statutory
provisions'' for clarity. The words ''armed forces'' are substituted
for the words ''military services of the United States'' for uniformity.
The words ''of the United States'' at the end of the section are
omitted as surplusage.
Restriction on employment of aliens generally, see section 3101 note
of Title 5, Government Organization and Employees.
10 USC ( 7474. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80
Stat. 663)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 463, related to
establishment of wage rates for employees by Secretary of Navy.
10 USC ( 7475. Repealed. Pub. L. 86-148, 1(1), Aug. 7, 1959, 73 Stat.
302)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 463, restricted
increasing of forces at naval activities prior to national elections.
10 USC 7476. Administration of oaths by clerks and employees
TITLE 10 -- ARMED FORCES
(a) Chief clerks and inspectors attached to any office of inspector
of naval material, chief clerks attached to the field service of the
Department of the Navy, to naval shipyards and stations, and to Marine
Corps posts and stations, and such other clerks and employees attached
to those activities as the Secretary of the Navy designates, may
administer --
(1) oaths required by law or regulation relating to claims against,
or applications to, the United States of officers and of employees of
the Department; and
(2) oaths of office to officers and employees of the Department.
(b) There may be no compensation for the administration of oaths
under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 463.)
10 USC 7477. Transportation of dependents and household effects of
civilian personnel stationed outside the United States: payment in lieu
of transportation
TITLE 10 -- ARMED FORCES
(a) When civilian employees of the Department of the Navy are located
at duty stations outside the United States, the dependents and household
effects of such personnel may be transported --
(1) from the locations outside the United States to locations
designated by such personnel or their dependents; and
(2) from those designated locations to the duty stations to which the
personnel are ordered.
The Secretary of the Navy may determine the civilian employees whose
dependents and household effects may be transported under this section.
(b) Authority to transport household effects under this section
includes authority to pack and unpack those effects.
(c) Transportation of dependents and household effects is authorized
under this section either before or after orders are issued relieving
the civilian concerned from the duty station outside the United States.
The transportation may be by Government or commercial facilities.
(d) In place of the transportation in kind authorized for dependents,
the Secretary may authorize the payment, after the travel has been
completed, of an amount equal to the commercial transportation costs,
including taxes if paid, of all parts of the travel for which
transportation in kind was not furnished.
(e) Current appropriations available for travel and transportation
may be used for expenditures under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 463.)
In subsection (a) the words ''without regard to rank or grade'' and
''or subsequent to the discharge or release of such personnel from
active service'' are omitted as applicable only to members of the naval
service. The Act of February 18, 1946, 60 Stat. 20, applied to both
civilian and naval personnel and was amended by the Act of October 12,
1949, ch. 681, 524, by deleting therefrom all reference to naval
personnel. The words ''the continental limits of'' and ''or in Alaska''
are omitted as covered by the term ''outside the United States''.
10 USC 7478. Naval War College and Marine Corps Command and Staff
College: civilian faculty members
TITLE 10 -- ARMED FORCES
(a) Authority of Secretary. -- The Secretary of the Navy may employ
as many civilians as professors, instructors, and lecturers at a school
of the Naval War College or at the Marine Corps Command and Staff
College as the Secretary considers necessary.
(b) Compensation of Faculty Members. -- The compensation of persons
employed under this section shall be as prescribed by the Secretary.
(c) Application to Certain Faculty Members. -- This section shall not
apply with respect to professors, instructors, and lecturers employed at
a school of the Naval War College or at the Marine Corps Command and
Staff College if the duration of the principal course of instruction
offered at the school or college involved is less than 10 months.
(Aug. 10, 1956, ch. 1041, 70A Stat. 464; Nov. 29, 1989, Pub. L.
101-189, div. A, title XI, 1124(c)(1), 103 Stat. 1559.)
In subsection (a) the words ''for the proper instruction of naval
personnel'' and in subsection (b) the words ''out of naval
appropriations'' are omitted as surplusage.
In subsection (c) the words ''except the authority to prescribe
regulations'' are omitted, since 34 U.S.C. 1071 contains no authority
for the Secretary to prescribe regulations.
1989 -- Pub. L. 101-189 substituted ''Naval War College and Marine
Corps Command and Staff College: civilian faculty members'' for ''Naval
War College: employment of civilian professors; compensation'' as
section catchline and amended text generally. Prior to amendment, text
read as follows:
''(a) The Secretary of the Navy may employ as many civilians as
professors, instructors, and lecturers at the Naval War College as he
considers necessary.
''(b) The compensation of persons employed under this section is as
prescribed by the Secretary.
''(c) The Secretary, to the extent he considers proper, may delegate
the authority conferred by this section to any person in the Department
of the Navy, with or without the authority to make successive
redelegations.''
10 USC CHAPTER 645 -- PROCUREMENT OF SUPPLIES AND SERVICES
TITLE 10 -- ARMED FORCES
Sec.
7521. Progress payment for work done; lien based on payment.
7522. Contracts for research.
7523. Tolls and fares: payment or reimbursement.
7524. Marine mammals: use for national defense purposes.
1986 -- Pub. L. 99-661, div. A, title XIII, 1354(b), Nov. 14,
1986, 100 Stat. 3996, added item 7524.
Miscellaneous procurement provisions, see section 2381 et seq. of
this title.
10 USC 7521. Progress payment for work done; lien based on payment
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may make partial payments during the
progress of work done under a contract made by the Department of the
Navy. Partial payments may not exceed the value of the work done and
may be made only under contracts providing therefor and in accordance
with the contract provisions. Each such contract shall provide that,
when a partial payment is made, a lien on the thing contracted for
accrues to the United States on account of the payments so made. This
lien is paramount to all other liens.
(Aug. 10, 1956, ch. 1041, 70A Stat. 464.)
The words ''in his discretion'' and ''from time to time'' are omitted
as surplusage.
10 USC 7522. Contracts for research
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy and, by direction of the Secretary, the
Chief of Naval Research and the chiefs of bureaus may, without
advertising, make contracts or amendments or modifications of contracts
for services and materials necessary to conduct research and to make or
secure reports, tests, models, or apparatus. A contractor supplying
such services or materials need not be required to furnish a bond.
(b) Subsections (a) and (b) of section 3324 of title 31 do not apply
to advance, progress, or other payments made with respect to a contract
under this section.
(c) This section does not authorize the use of the
cost-plus-a-percentage-of-cost system of contracting.
(Aug. 10, 1956, ch. 1041, 70A Stat. 464; Dec. 12, 1980, Pub. L.
96-513, title V, 513(38), 94 Stat. 2934; Sept. 13, 1982, Pub. L.
97-258, 3(b)(9), 96 Stat. 1064; Oct. 19, 1984, Pub. L. 98-525, title
XIV, 1405(56)(B), 98 Stat. 2626.)
In subsection (a) reference to R.S. 3718, 3719, 3720, and 3722 (34
U.S.C. 561, 562, 563, and 572) is omitted because these sections were
expressly repealed by 11(a) of the Act of February 19, 1948, ch. 65,
62 Stat. 25. The words ''without advertising'' are substituted for the
reference to R.S. 3709 (41 U.S.C. 5) for brevity and clarity. The
sentence ''A contractor supplying such services or materials need not be
required to furnish a bond'' is substituted for the words ''without
performance or other bonds'' for clarity, since the provision is
interpreted as a discretionary authority in the Secretary to waive bond.
In subsection (c) the words ''This section does not authorize'' are
substituted for the words ''nothing in this section shall be construed
to authorize''.
1984 -- Subsec. (b). Pub. L. 98-525 substituted ''Subsections (a)
and (b) of section 3324 of title 31 do'' for ''Section 3324(a) and (b)
of title 31 does''.
1982 -- Subsec. (b). Pub. L. 97-258 substituted ''section 3324(a)
and (b) of title 31'' for ''section 3648 of the Revised Statutes (31
U.S.C. 529)''.
1980 -- Subsec. (b). Pub. L. 96-513 substituted ''Section 3648 of
the Revised Statutes (31 U.S.C. 529)'' for ''Section 529 of title 31''.
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.
Contracts for research and development generally, see section 2352 et
seq. of this title.
10 USC 7523. Tolls and fares: payment or reimbursement
TITLE 10 -- ARMED FORCES
Naval appropriations chargeable for transportation or travel are
available for the payment or reimbursement of ferry, bridge, and similar
tolls and of streetcar, bus, and similar fares.
(Aug. 10, 1956, ch. 1041, 70A Stat. 464.)
10 USC 7524. Marine mammals: use for national defense purposes
TITLE 10 -- ARMED FORCES
(a) Authority. -- Subject to subsection (c), the Secretary of Defense
may authorize the taking of not more than 25 marine mammals each year
for national defense purposes. Any such authorization may be made only
with the concurrence of the Secretary of Commerce and after consultation
with the Marine Mammal Commission established by section 201 of the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1401).
(b) Humane Treatment Required. -- A mammal taken under this section
shall be captured, supervised, cared for, transported, and deployed in a
humane manner consistent with conditions established by the Secretary of
Commerce.
(c) Protection for Endangered Species. -- A mammal may not be taken
under this section if the mammal is determined to be a member of an
endangered or threatened species under section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533).
(d) Application of Other Act. -- This section applies without regard
to the provisions of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.).
(Added Pub. L. 99-661, div. A, title XIII, 1354(a), Nov. 14, 1986,
100 Stat. 3996.)
The Marine Mammal Protection Act of 1972, referred to in subsec.
(d), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended,
which is classified generally to chapter 31 ( 1361 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see
Short Title note set out under section 1361 of Title 16 and Tables.
10 USC CHAPTER 647 -- DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
TITLE 10 -- ARMED FORCES
Sec.
7541. Obsolete and other material: gift or sale to Boy Scouts of
America, Naval Sea Cadet Corps and Young Marines of the Marine Corps
League.
7541a. Uniform clothing: sale to Naval Sea Cadet Corps.
7542. Excess clothing: sale for distribution to needy.
7543. Useless ordnance material: disposition of proceeds on sale.
7544. Devices and trophies: transfer to other agencies.
7545. Obsolete material and articles of historical interest: loan
or gift.
7546. Loan or gift of articles to ships' sponsors and donors.
7547. Equipment for instruction in seamanship: loan to military
schools.
1975 -- Pub. L. 93-628, 1(b), Jan. 3, 1975, 88 Stat. 2148,
inserted '', Naval Sea Cadet Corps and Young Marines of the Marine Corps
League'' in item 7541.
1965 -- Pub. L. 89-266, 1(2), Oct. 19, 1965, 79 Stat. 990, added
item 7541a.
Management and disposal of government property generally, see section
471 et seq. of Title 40, Public Buildings, Property, and Works.
10 USC 7541. Obsolete and other material: gift or sale to Boy Scouts
of America, Naval Sea Cadet Corps and Young Marines of the Marine Corps
League
TITLE 10 -- ARMED FORCES
Subject to regulations under section 205 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 486), the Secretary of
the Navy may --
(1) give obsolete material not needed for naval purposes; and
(2) sell other material that may be spared at a price representing
its fair value;
to the Boy Scouts of America for the sea scouts, to the Naval Sea
Cadet Corps for the sea cadets, and to the Young Marines of the Marine
Corps League for the young marines. The cost of transportation and
delivery of material given or sold under this section shall be charged
to the Boy Scouts of America, to the Naval Sea Cadets, or to the Young
Marines of the Marine Corps League, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 465; Jan. 3, 1975, Pub. L.
93-628, 1, 88 Stat. 2147; Dec. 12, 1980, Pub. L. 96-513, title V,
513(39), 94 Stat. 2934.)
The word ''give'' is substituted for the words ''dispose of without
charge''; the words ''naval purposes'' are substituted for the words
''the Navy''; and the word ''sell'' is substituted for the words
''dispose of * * * at prices''. The words ''to the Navy'' are omitted
as surplusage. Since the corporate name of the organization is ''Boy
Scouts of America'', that name is used to designate the transferee in
lieu of words ''sea scout department'', and the words ''for the sea
scouts'' are added.
1980 -- Pub. L. 96-513 substituted ''section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 486)'' for
''section 486 of title 40''.
1975 -- Pub. L. 93-628 inserted ''Naval Sea Cadet Corps and Young
Marines of the Marine Corps League'' in section catchline, and
authorized the Secretary of the Navy to gift obsolete materials and to
sell surplus materials to the Naval Sea Cadet Corps and the Young
Marines of the Marine Corps League with the requirement that the cost of
transportation and delivery of such materials be charged to the
recipient.
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 2 of Pub. L. 93-628 provided that: ''The amendments made by
the first section (amending this section) shall take effect on the date
of the enactment of this Act (Jan. 3, 1975).''
Coast Guard, disposal of materials to Boy Scouts, see section 641 of
Title 14, Coast Guard.
10 USC 7541a. Uniform clothing: sale to Naval Sea Cadet Corps
TITLE 10 -- ARMED FORCES
Subject to regulations under section 205 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 486), the Secretary of
the Navy, under regulations prescribed by him, may sell any item of
enlisted naval uniform clothing that may be spared, at a price
representing its fair value, to the Naval Sea Cadet Corps for the sea
cadets and to any Federal or State maritime academy having a department
of naval science for the maritime cadets and midshipmen. The cost of
transportation and delivery of items sold under this section shall be
charged to the Naval Sea Cadet Corps and to such Federal and State
maritime academies.
(Added Pub. L. 89-266, 1(1), Oct. 19, 1965, 79 Stat. 990; amended
Pub. L. 96-513, title V, 513(39), Dec. 12, 1980, 94 Stat. 2934.)
1980 -- Pub. L. 96-513 substituted ''section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 486)'' for
''section 486 of title 40''.
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 7542. Excess clothing: sale for distribution to needy
TITLE 10 -- ARMED FORCES
(a) Subject to regulations under section 205 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 486), the Secretary
of the Navy, under regulations prescribed by him, may sell, at nominal
prices, to recognized charitable organizations, to States and
subdivisions thereof, and to municipalities nonregulation and excess
clothing that may be available for distribution to the needy. The
clothing may be sold only if the purchaser agrees not to resell it but
to give it to the needy.
(b) A fair proportionate allotment of clothing to be sold under this
section shall be set aside for distribution in each State and the
District of Columbia. An allotment so set aside may not be sold for
other distribution until at least 30 days after the allotment was made.
(Aug. 10, 1956, ch. 1041, 70A Stat. 465; Dec. 12, 1980, Pub. L.
96-513, title V, 513(39), 94 Stat. 2934.)
In subsection (a) the words ''absolutely free'' are omitted as
surplusage.
In subsection (b) the words ''for other distribution'' are
substituted for the words ''distribution within any other State''. The
words ''at least'' are added for clarity.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''section 205 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' for ''section 486 of title 40''.
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 7543. Useless ordnance material: disposition of proceeds on
sale
TITLE 10 -- ARMED FORCES
The net proceeds of sales of useless ordnance material by the
Department of the Navy shall be covered into the Treasury.
(Aug. 10, 1956, ch. 1041, 70A Stat. 465.)
The words ''as miscellaneous receipts'' are omitted as surplusage.
10 USC 7544. Devices and trophies: transfer to other agencies
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may, without reimbursement, transfer to
the Secretary of the Treasury devices and trophies for the promotion of
the sale of war bonds or victory bonds. The Secretary of the Treasury
may sell or donate the devices and trophies for the promotion of the
sale of such bonds.
(b) The Secretary of the Navy may, without reimbursement, transfer to
any agency of the United States devices and trophies for scientific,
experimental, monumental, or display purposes.
(Aug. 10, 1956, ch. 1041, 70A Stat. 465.)
The words ''such * * * as he may in his discretion determine'' are
omitted as surplusage.
10 USC 7545. Obsolete material and articles of historical interest:
loan or gift
TITLE 10 -- ARMED FORCES
(a) Subject to regulations under section 205 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 486), the Secretary
of the Navy, under regulations prescribed by him, may lend or give,
without expense to the United States, captured, condemned, or obsolete
ordnance material, books, manuscripts, works of art, drawings, plans,
and models, other condemned or obsolete material, trophies, and flags,
and other material of historic interest not needed by the Department of
the Navy, to --
(1) a State, Territory, Commonwealth, or possession of the United
States, or political subdivision or municipal corporation thereof;
(2) the District of Columbia;
(3) a library;
(4) a historical society;
(5) an educational institution whose graduates or students fought in
World War I or World War II;
(6) a soldiers' monument association;
(7) a State museum;
(8) a museum operated and maintained for educational purposes only,
whose charter denies it the right to operate for profit;
(9) a post of the Veterans of Foreign Wars of the United States;
(10) a post of the American Legion;
(11) any other recognized war veterans' association; or
(12) a post of the Sons of Veterans Reserve.
(b) Records of the Government as defined in section 3301 of title 44
may not be disposed of under this section.
(c) No loan or gift under this section may be made unless --
(1) notice of the proposal to make the loan or gift is sent to
Congress;
(2) 30 calendar days of continuous session of Congress have expired
after the notice was sent to Congress; and
(3) during that 30-day period Congress does not pass a concurrent
resolution stating in substance that it does not favor the proposed loan
or gift.
(d) If any disposition is authorized by this section and section 2572
of this title, the Secretary may make the gift or loan under either
section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 466; Dec. 12, 1980, Pub. L.
96-513, title V, 513(39), (40), 94 Stat. 2934, 2935.)
In subsection (a) the words, ''ordnance material'' are substituted
for the words ''ordnance, guns, projectiles''. Posts of the Grand Army
of the Republic are omitted from the list of authorized donees because
there are no surviving members of that organization. The word
''Commonwealth'' is inserted to reflect the present status of Puerto
Rico. Specific reference to the Canal Zone is omitted as unnecessary,
since the Zone is a ''possession of the United States'' as defined in
section 101 of this title and is therefore covered by clause (1).
Subsection (d) is added to note the existence of a later act,
codified in 2572 of this title, which provides similar disposal
authority, and to give effect to 2 of the Act of February 27, 1948, ch.
76, 62 Stat. 37, which is not now contained in the U.S. Code, and
which saves this section despite the apparent implied repeal.
1980 -- Subsec. (a). Pub. L. 96-513, 513(39), substituted ''section
205 of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 486),'' for ''section 486 of title 40''.
Subsec. (b). Pub. L. 96-513, 513(40), substituted ''section 3301''
for ''section 366''.
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 7546. Loan or gift of articles to ships' sponsors and donors
TITLE 10 -- ARMED FORCES
The Secretary of the Navy, under regulations prescribed by him and
without expense to the United States, may lend or give --
(1) to the sponsor of a vessel the name plate or any small article of
negligible or sentimental value from that vessel; and
(2) to any State, group, or organization named in section 7545 of
this title any article, material, or equipment, including silver
service, given by it.
(Aug. 10, 1956, ch. 1041, 70A Stat. 466.)
The words ''the sponsor'' are substituted for the words ''any
individual who sponsored'' for brevity. The word ''ship'' and the word
''person'' are omitted as surplusage. The words ''the loans or gifts
described in this section shall be made'' are omitted as unnecessary,
and the words ''under regulations prescribed by him'' are substituted
for the words ''subject to such rules and regulations as may be
prescribed by the Secretary of the Navy'' for brevity.
10 USC 7547. Equipment for instruction in seamanship: loan to
military schools
TITLE 10 -- ARMED FORCES
(a) Upon the application of the governor of any State having a
seacoast or bordering on any of the Great Lakes, the President may
direct the Secretary of the Navy to lend to one well-established
military school in that State that desires to instruct its cadets in
elementary seamanship one fully equipped cutter for every 25 cadets
attending the school, and such other equipment adequate for instruction
in elementary seamanship as may be spared.
(b) To be eligible for a loan under this section a school must --
(1) have adequate facilities for cutter drill;
(2) have at least 75 cadets --
(A) at least 15 years of age;
(B) in uniform;
(C) receiving military instruction; and
(D) quartered in barracks under military regulations; and
(3) have the capacity to quarter and educate 150 cadets at one time.
(c) Whenever a loan is made under this section, the Secretary shall
require a bond in double the value of the property for its care and
return when required.
(Aug. 10, 1956, ch. 1041, 70A Stat. 466.)
In subsection (a) the word ''lend'' is substituted for the word
''furnish'' because of the provision for return of the equipment. The
words ''man-of-war's'' are omitted as obsolete. The words ''attending
the school'' are substituted for the words ''in actual attendance''.
In subsection (b) the words ''To be eligible for a loan under this
section'' are added, and the subsection is phrased as a condition.
10 USC CHAPTER 649 -- QUARTERS, UTILITIES, AND RELATED SERVICES
TITLE 10 -- ARMED FORCES
Sec.
7571. Quarters or other accommodations: to whom furnished.
7572. Quarters: accommodations in place of for members on sea duty.
7573. Quarters: temporary; transient members.
(7574, 7575. Repealed.)
7576. Quarters: extension telephones.
7577. Quarters: Nurse Corps Officers; assignment in hospitals.
(7578. Repealed.)
7579. Officers' messes and quarters: limitations on employment of
enlisted members.
7580. Heat and light for Young Men's Christian Association
buildings.
7581. Marine Corps post laundries: disposition of receipts.
1973 -- Pub. L. 93-166, title V, 509(d), Nov. 29, 1973, 87 Stat.
678, struck out items 7574 ''Quarters: limitations on size'' and 7575
''Quarters: exemptions from cost limitations''.
1958 -- Pub. L. 85-861, 1(155), Sept. 2, 1958, 72 Stat. 1513,
struck out item 7578 ''Tableware and kitchen utensils: limitations on
furnishing''.
10 USC 7571. Quarters or other accommodations: to whom furnished
TITLE 10 -- ARMED FORCES
(a) Under such regulations as the Secretary of the Navy prescribes,
public quarters including heat, light, water, and refrigeration may be
furnished for personnel in the following categories who are on active
duty:
(1) Members of the naval service.
(2) Members of the Coast Guard when it is operating as a service in
the Navy.
(3) Members of the National Oceanic and Atmospheric Administration
serving with the Navy.
If public quarters are not available for any such member, the
Secretary may provide lodging accommodations for him. Lodging
accommodations so provided may not be occupied by the member's
dependents.
(b) The Secretary may determine in any case whether public quarters
are available within the meaning of any provision of law relating to the
assignment of or commutation for public quarters.
(c) The Secretary, to the extent he considers proper, may delegate
the authority conferred by subsection (a), except the authority to
prescribe regulations, to any person in the Department of the Navy, with
or without authority to make successive redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 467; Nov. 2, 1966, Pub. L.
89-718, 8(a), 80 Stat. 1117; Dec. 12, 1980, Pub. L. 96-513, title V,
513(41), 94 Stat. 2935.)
In subsection (a) the words ''including members of the Nurse Corps''
are omitted as surplusage, and the definition of ''naval personnel'' in
5 U.S.C. 421g, which is applicable to this subsection, is executed.
In subsection (b) the words ''in any case whether public quarters are
available'' are substituted for the words ''where and when there are no
public quarters''. The words ''for persons in the Navy and Marine
Corps, or serving therewith'' are omitted, since these classes of
personnel for whom the Secretary makes the determination of availability
are the same as those who may be furnished quarters under subsection
(a).
1980 -- Subsec. (a)(3). Pub. L. 96-513 substituted ''National
Oceanic and Atmospheric Administration'' for ''Environmental Science
Services Administration''.
1966 -- Subsec. (a)(3). Pub. L. 89-718 substituted ''Environmental
Science Services Administration'' for ''Coast and Geodetic Survey''.
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.
The directory language of, but not the amendment made by, Pub. L.
89-718, 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this
section, was repealed by Pub. L. 97-295, 6(b), Oct. 12, 1982, 96
Stat. 1314.
Proceeds; Applicability; Implementation
Assessment of members for excess energy consumption in military
family housing facilities, see section 507 of Pub. L. 95-82, title V,
Aug. 1, 1977, 91 Stat. 372, set out as a note under section 4593 of
this title.
10 USC 7572. Quarters: accommodations in place of for members on sea
duty
TITLE 10 -- ARMED FORCES
(a) If public quarters are not available, the Secretary of the Navy
may provide lodging accommodations for any --
(1) member of the naval service;
(2) member of the Coast Guard when it is operating as a service in
the Navy; or
(3) member of the National Oceanic and Atmospheric Administration
serving with the Navy;
on sea duty who is deprived of his quarters on board ship because of
repairs or because of other conditions that make his quarters
uninhabitable. Lodging accommodations so provided may not be occupied
by the member's dependents.
(b)(1) Under such regulations as the Secretary prescribes, a member
of a uniformed service on sea duty who is deprived of quarters on board
ship because of repairs or because of other conditions that make the
member's quarters uninhabitable and for whom it is impracticable to
furnish accommodations under subsection (a) may be reimbursed for
expenses incurred in obtaining quarters in an amount not more than the
total of --
(A) the basic allowance for quarters payable to a member of the same
pay grade without dependents for the period during which the member is
deprived of quarters on board ship; and
(B) the variable housing allowance that could be paid to a member of
the same pay grade under section 403a of title 37 at the location where
the member is deprived of quarters on board ship for the period during
which the member is deprived of quarters on board ship.
(2) A member entitled to receipt of basic allowance for quarters may
not be reimbursed for expenses under this subsection when deprived of
quarters on board ship at a location at which the member can reside with
such member's dependents.
(3) The total amount of reimbursement under this subsection may not
exceed $1,657,000 for each of the fiscal years 1987 through 1992.
(4) The authority provided under this subsection shall expire on
September 30, 1992.
(c) The Secretary, to the extent he considers proper, may delegate
the authority conferred by subsection (a) to any person in the
Department of the Navy, with or without the authority to make successive
redelegations.
(d)(1) After the expiration of the authority provided in subsection
(b), an officer of the naval service on sea duty who is deprived of
quarters on board ship because of repairs or because of other conditions
that make the officer's quarters uninhabitable may be reimbursed for
expenses incurred in obtaining quarters if it is impracticable to
furnish the officer with accommodations under subsection (a).
(2) The total amount that an officer may be reimbursed under this
subsection may not exceed an amount equal to the basic allowance for
quarters of an officer of that officer's grade.
(3) This subsection shall not apply to an officer who is entitled to
basic allowance for quarters.
(4) The Secretary may prescribe regulations to carry out this
subsection.
(Aug. 10, 1956, ch. 1041, 70A Stat. 468; Nov. 2, 1966, Pub. L.
89-718, 8(a), 80 Stat. 1117; Sept. 24, 1980, Pub. L. 96-357, 3, 94
Stat. 1182; Dec. 12, 1980, Pub. L. 96-513, title V, 513(41), 94 Stat.
2935; Oct. 14, 1981, Pub. L. 97-60, title II, 207(b), 95 Stat. 1007;
Sept. 24, 1983, Pub. L. 98-94, title IX, 912(a), 97 Stat. 640; Oct.
19, 1984, Pub. L. 98-525, title VI, 602(d)(3), 603(a), title XIV,
1405(54), 98 Stat. 2536, 2537, 2625; Nov. 8, 1985, Pub. L. 99-145,
title VI, 606(a), 99 Stat. 638; Nov. 14, 1986, Pub. L. 99-661, div.
A, title VI, 603(a), 100 Stat. 3874; Dec. 5, 1991, Pub. L. 102-190,
div. A, title VI, 607(a), (b), 105 Stat. 1375.)
In subsection (a) the word ''public'' is substituted for the words
''possessed by the United States'' and the subsection is phrased in
terms of availability, as it is so interpreted. The itemization of
personnel categories for whom quarters may be furnished is inserted to
execute the definition of ''naval personnel'', made applicable to this
section by 5 U.S.C. 421g. The requirement in that definition that
personnel be on active duty is omitted since this subsection applies
only to personnel on sea duty.
In subsection (b) the words ''and who is not entitled to basic
allowance for quarters'' are inserted to make it clear that the
entitlement under this subsection, as interpreted, is not in addition to
basic allowance for quarters. The words ''in obtaining quarters'' are
inserted for clarity. The words ''basic allowance for quarters of an
officer of his grade'' are substituted for the words ''his quarters
allowance'' because, under the Career Compensation Act of 1949, members
without dependents are not entitled to a quarters allowance when on sea
duty, and the limitation must be based upon the allowance of an officer
of the same grade who is entitled thereto.
In subsection (c) the words ''except the authority to prescribe
regulations'' are omitted, since subsection (a) does not contain such
authority.
1991 -- Subsec. (b). Pub. L. 102-190, 607(a), amended subsec. to
read as in effect on Sept. 30, 1991, in par. (3) struck out
''$1,421,000 for fiscal year 1986 and'' after ''may not exceed'' and
substituted ''1992'' for ''1991'', and added par. (4).
Subsec. (d). Pub. L. 102-190, 607(b), added subsec. (d).
1986 -- Subsec. (b)(3). Pub. L. 99-661 substituted ''$1,421,000 for
fiscal year 1986 and $1,657,000 for each of the fiscal years 1987
through 1991'' for ''$9,000,000 for fiscal year 1981, $6,300,000 for
fiscal year 1982, $1,700,000 for fiscal year 1983, $1,300,000 for fiscal
year 1984, $1,421,000 for fiscal year 1985, and $1,421,000 for fiscal
year 1986''.
1985 -- Subsec. (b)(3). Pub. L. 99-145 added limit of $1,421,000 for
fiscal year 1986.
1984 -- Subsec. (b)(1)(B). Pub. L. 98-525, 1405(54), substituted
''on board'' for ''onboard''.
Pub. L. 98-525, 602(d)(3), substituted ''section 403a'' for
''section 403''.
Subsec. (b)(3). Pub. L. 98-525, 603(a), added limit of $1,421,000
for fiscal year 1985.
1983 -- Subsec. (b)(3). Pub. L. 98-94 added limits of $1,700,000,
and $1,300,000 for fiscal years 1983 and 1984, respectively.
1981 -- Subsec. (b). Pub. L. 97-60 amended subsec. (b) generally,
dividing existing provisions into numbered paragraphs (1), (2), and (3),
inserting in par. (1), provisions relating to the variable housing
allowance that could be paid to a member of the same pay grade under
section 403 of title 37 at the location where the member is deprived of
quarters onboard ship for the period during which the member is deprived
of quarters on board ship and, in par. (3), inserting provision setting
a limit of $6,300,000 on the total amount of reimbursement for fiscal
year 1982.
1980 -- Subsec. (a)(3). Pub. L. 96-513 substituted ''National
Oceanic and Atmospheric Administration'' for ''Environmental Science
Services Administration''.
Subsec. (b). Pub. L. 96-357 substituted reimbursement provision when
conditions make uninhabitable quarters aboard ship for member of
uniformed services on sea duty limited to basic allowance for quarters
of member of same grade without dependents for prior such provision for
officer of naval service on sea duty so deprived of quarters and not
entitled to basic allowance for quarters and limited to basic allowance
for quarters of an officer of his grade, made the member able to reside
with dependents ineligible for reimbursement, and limited reimbursements
for fiscal year 1981 to $9,000,000.
1966 -- Subsec. (a)(3). Pub. L. 89-718 substituted ''Environmental
Science Services Administration'' for ''Coast and Geodetic Survey''.
Section 607(c) of Pub. L. 102-190 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with respect
to members of the uniformed services who perform sea duty on or after
October 1, 1991.''
Section 603(a) of Pub. L. 99-661 provided that the amendment made by
that section is effective Oct. 1, 1986.
Pub. L. 99-190, 101(b) (title VIII, 8102), Dec. 19, 1985, 99 Stat.
1185, 1220, provided that: ''The amendments made to section 7572(b)(3)
of title 10, United States Code, and to section 3 of Public Law 96-357
(10 U.S.C. 7572 note) by section 606 of the Department of Defense
Authorization Act, 1986 (Pub. L. 99-145), shall apply to reimbursement
of expenses incurred on or after October 1, 1985, by a member of a
uniformed service on sea duty.''
Amendment by section 602(d)(3) of Pub. L. 98-525 effective Jan. 1,
1985, with exceptions, see section 602(f) of Pub. L. 98-525, set out as
an Effective Date note under section 403a of Title 37, Pay and
Allowances of the Uniformed Services.
Section 207(c) of Pub. L. 97-60 provided that: ''The amendments
made by this section (amending this section) shall take effect as of
October 1, 1981.''
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 3 of Pub. L. 96-357, as amended by Pub. L. 97-60, title II,
207(a), Oct. 14, 1981, 95 Stat. 1007; Pub. L. 98-94, title IX,
912(b), Sept. 24, 1983, 97 Stat. 640; Pub. L. 98-525, title VI,
603(b), Oct. 19, 1984, 98 Stat. 2537; Pub. L. 99-145, title VI,
606(b), Nov. 8, 1985, 99 Stat. 639; Pub. L. 99-661, div. A, title
VI, 603(b), Nov. 14, 1986, 100 Stat. 3874, eff. Oct. 1, 1986,
provided that the amendment made by that section is effective only for
the period beginning Oct. 1, 1980, and ending Sept. 30, 1991.
Pub. L. 99-500, 101(c) (title IX, 9107), Oct. 18, 1986, 100 Stat.
1783-82, 1783-119, and Pub. L. 99-591, 101(c) (title IX, 9107), Oct.
30, 1986, 100 Stat. 3341-82, 3341-119, provided that authority for
reimbursement provided pursuant to section 3 of Public Law 96-357 (see
above) is extended through Sept. 30, 1987, at an amount not to exceed
$1,657,000.
The directory language of, but not the amendment made by, Pub. L.
89-718, 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this
section, was repealed by Pub. L. 97-295, 6(b), Oct. 12, 1982, 96
Stat. 1314.
Similar provisions with respect to the Coast Guard, see section 475
of Title 14, Coast Guard.
10 USC 7573. Quarters: temporary; transient members
TITLE 10 -- ARMED FORCES
Temporary quarters may be furnished on a rental basis to transient
members of the naval service with their dependents, for periods not
exceeding 60 days, without loss of entitlement to basic allowance for
quarters.
(Aug. 10, 1956, ch. 1041, 70A Stat. 468.)
The words ''That effective December 13, 1943'' are omitted as
executed. The word ''quarters'' is substituted for the word ''housing''
for uniformity. The words ''basic allowance for quarters'' are
substituted for the words ''rental allowance or money allowance for
quarters'' to conform to the terminology of 302 of the Career
Compensation Act of 1949 (37 U.S.C. 252).
10 USC ( 7574, 7575. Repealed. Pub. L. 93-166, title V, 509(d), Nov.
29, 1973, 87 Stat. 678)
TITLE 10 -- ARMED FORCES
Section 7574, acts Aug. 10, 1956, ch. 1041, 70A Stat. 468; Aug.
30, 1957, Pub. L. 85-241, title IV, 404(b), 71 Stat. 556; Aug. 10,
1959, Pub. L. 86-149, title IV, 410(b), 73 Stat. 321; July 27, 1962,
Pub. L. 87-554, title V, 504(b), (d), 76 Stat. 239; Nov. 7, 1963,
Pub. L. 88-174, title V, 503, 77 Stat. 325; Dec. 5, 1969, Pub. L.
91-142, title V, 510(a), 83 Stat. 312; Oct. 27, 1971, Pub. L.
92-145, title V, 508(b), (c), 85 Stat. 408, related to quarters:
limitations on size. See section 2684 of this title.
Section 7575, act Aug. 10, 1956, ch. 1041, 70A Stat. 469, related
to quarters: exemptions from cost limitations.
10 USC 7576. Quarters: extension telephones
TITLE 10 -- ARMED FORCES
(a) Under regulations prescribed by the Secretary of the Navy
appropriated funds may be used to pay the cost of installation and use,
other than for personal long distance calls, of extension telephones
connecting public quarters occupied by personnel in the following
categories with the switchboards of their official stations:
(1) Members of the naval service.
(2) Members of the Coast Guard when it is operating as a service in
the Navy.
(3) Members of the National Oceanic and Atmospheric Administration
serving with the Navy.
(b) The Secretary, to the extent he considers proper, may delegate
the authority conferred by this section, except the authority to
prescribe regulations, to any person in the Department of the Navy, with
or without the authority to make successive redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 469; Nov. 2, 1966, Pub. L.
89-718, 8(a), 80 Stat. 1117; Dec. 12, 1980, Pub. L. 96-513, title V,
513(41), 94 Stat. 2935.)
In subsection (a) the words ''appropriated funds'' are substituted
for the words ''naval appropriations'', and the definition of ''naval
personnel'' in 5 U.S.C. 421g, which is applicable to this section, is
executed. In executing this definition the words ''while on active
duty'' are omitted as unnecessary, since a member not on active duty
would not have an official station within the meaning of this section.
1980 -- Subsec. (a)(3). Pub. L. 96-513 substituted ''National
Oceanic and Atmospheric Administration'' for ''Environmental Science
Services Administration''.
1966 -- Subsec. (a)(3). Pub. L. 89-718 substituted ''Environmental
Science Services Administration'' for ''Coast and Geodetic Survey''.
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.
The directory language of, but not the amendment made by, Pub. L.
89-718, 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this
section, was repealed by Pub. L. 97-295, 6(b), Oct. 12, 1982, 96
Stat. 1314.
10 USC 7577. Quarters: Nurse Corps officers; assignment in hospitals
TITLE 10 -- ARMED FORCES
Under such regulations as the Secretary of the Navy prescribes,
officers in the Nurse Corps may be assigned quarters in naval hospitals.
(Aug. 10, 1956, ch. 1041, 70A Stat. 469.)
10 USC ( 7578. Repealed. Pub. L. 85-861, 36B(24), Sept. 2, 1958, 72
Stat. 1571)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 469, related to
limitations on furnishing of tableware and kitchen utensils.
10 USC 7579. Officers' messes and quarters: limitations on employment
of enlisted members
TITLE 10 -- ARMED FORCES
(a) Under such regulations as the Secretary of the Navy prescribes,
enlisted members of the naval service and enlisted members of the Coast
Guard when it is operating as a service in the Navy may be assigned to
duty in a service capacity in officers' messes and public quarters where
the Secretary finds that this use of the members is desirable for
military reasons.
(b) Notwithstanding any other provision of law, retired enlisted
members of the naval service and members of the Fleet Reserve and the
Fleet Marine Corps Reserve may, when not on active duty, be voluntarily
employed in any service capacity in officers' messes and public quarters
without additional expense to the United States.
(c) The Secretary, to the extent he considers proper, may delegate
the authority conferred by this section, except the authority to
prescribe regulations, to any person in the Department of the Navy, with
or without the authority to make successive redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 470.)
In subsection (a) the words ''enlisted members of the naval service
and enlisted members of the Coast Guard when it is operating as a
service in the Navy'' are substituted for the words ''enlisted naval
personnel'' to execute the definition of ''naval personnel'' made
applicable to this section by 5 U.S.C. 421g. The definition in that
section also covers personnel of the Coast and Geodetic Survey, but
since that service has no enlisted members reference to it is
unnecessary. In executing this definition the words ''while on active
duty'' are omitted as unnecessary, since members not on active duty
would not be subject to assignment by the Secretary of the Navy.
In subsection (b) the word ''transferred'' before the words ''member
of the Fleet Reserve'' is omitted as unnecessary, since the categories
of such members other than ''transferred'' have not been
administratively used, and authority for them is omitted in this title.
The words ''and the Fleet Marine Corps Reserve'' are added, as the words
''Fleet Reserve'' are used in a generic sense to cover such members.
The words ''when not on active duty'' are added. When the personnel
concerned are on active duty, they are treated in the same manner as
others on active duty.
10 USC 7580. Heat and light for Young Men's Christian Association
buildings
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may furnish, without charge, heat and light
to any building of the Young Men's Christian Association located at a
naval activity.
(Aug. 10, 1956, ch. 1041, 70A Stat. 470.)
The words ''naval activity'' are substituted for the words ''navy
yards and stations'' to use present terminology and provide the same
coverage.
10 USC 7581. Marine Corps post laundries: disposition of receipts
TITLE 10 -- ARMED FORCES
(a) Money received for laundry work performed by Marine Corps post
laundries shall be used to pay the cost of maintenance and operation of
those laundries. Any amount remaining at the end of the fiscal year
after the cost has been so paid shall be deposited in the Treasury to
the credit of the appropriation from which the cost of operating the
laundries is paid.
(b) The receipts and expenditures of Marine Corps post laundries
shall be accounted for as public funds.
(Aug. 10, 1956, ch. 1041, 70A Stat. 470.)
In subsection (a) the words ''Marine Corps'' are inserted before the
words ''post laundries'' for clarity. The words ''maintenance and'' are
added to the first sentence and the words ''maintenance and operation''
are omitted from the second sentence.
10 USC CHAPTER 651 -- SHIPS' STORES AND COMMISSARY STORES
TITLE 10 -- ARMED FORCES
Sec.
7601. Sales: members of the naval service and Coast Guard; widows
and widowers; civilian employees and other persons.
7602. Sales: members of Army and Air Force; prices.
7603. Sales: veterans under treatment.
7604. Ships' stores: sale of goods and services.
7605. Acceptance of Government checks outside the United States.
1990 -- Pub. L. 101-510, div. A, title III, 329(a)(2), Nov. 5,
1990, 104 Stat. 1534, amended item 7604 generally, substituting
''Ships' stores: sale of goods and services'' for ''Profits: ships'
stores''.
1985 -- Pub. L. 99-145, title XIII, 1301(c)(3)(C), Nov. 8, 1985,
99 Stat. 736, inserted ''the'' before ''naval service'' and ''and
widowers'' after ''widows'' in item 7601.
General military law --
Commissary stores, private operation, see section 2482 of this title.
Property records: basis, reports, see section 2721 of this title.
10 USC 7601. Sales: members of the naval service and Coast Guard;
widows and widowers; civilian employees and other persons
TITLE 10 -- ARMED FORCES
(a) Such stores as the Secretary of the Navy designates may be
procured and sold to members of the naval service, members of the Coast
Guard, and widows and widowers of such members.
(b) The Secretary may, by regulation, provide for the procurement and
sale of stores designated by him to such civilian officers and employees
of the United States, and such other persons, as he considers proper --
(1) at military installations outside the United States; and
(2) at military installations inside the United States where he
determines that it is impracticable for those civilian officers,
employees, and persons to obtain those stores from private agencies
without impairing the efficient operation of naval activities.
However, sales to civilian officers and employees inside the United
States may be made only to those residing within military installations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 470; Nov. 8, 1985, Pub. L.
99-145, title XIII, 1301(c)(3)(A), (B), 99 Stat. 736.)
In subsection (a) the words ''members of the naval service'' are
substituted for the words ''officers and enlisted men of the Navy,
Marine Corps''.
In subsection (b) the word ''outside'' is substituted for the words
''beyond the continental limitations''. The words ''or in Alaska'' are
omitted, since, in section 101(1) of this title, the words, ''United
States'' are defined to include only the States and the District of
Columbia. The word ''continental'', after the words ''within the'', is
omitted for the same reason. The last sentence is substituted for 34
U.S.C. 533a (proviso).
1985 -- Pub. L. 99-145, 1301(c)(3)(B), inserted ''the'' before
''naval service'' and ''and widowers'' after ''widows'' in section
catchline.
Subsec. (a). Pub. L. 99-145, 1301(c)(3)(A), inserted ''and
widowers'' after ''widows''.
10 USC 7602. Sales: members of Army and Air Force; prices
TITLE 10 -- ARMED FORCES
The Navy and the Marine Corps shall sell subsistence supplies to any
member of the Army or the Air Force at prices charged members of the
naval service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 471.)
This section is expanded to cover sales to members of the Air Force,
as authorized by 305(a) of the National Security Act of 1947, as
amended (5 U.S.C. 171l).
10 USC 7603. Sales: veterans under treatment
TITLE 10 -- ARMED FORCES
A person who has been separated honorably or under honorable
conditions from the Army, the Navy, the Air Force, or the Marine Corps
and who is receiving care and medical treatment from the Public Health
Service or the Department of Veterans Affairs may buy subsistence
supplies and other supplies, except articles of uniform, from the Navy
and the Marine Corps at prices charged members of the naval service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 471; Nov. 29, 1989, Pub. L.
101-189, div. A, title XVI, 1621(a)(1), 103 Stat. 1602.)
The word ''separated'' is substituted for the word ''discharged''.
The words ''under honorable conditions'' are added since this provision
is interpreted as benefiting personnel discharged under honorable
conditions. The words ''Air Force'' are supplied under the authority of
305(a) of the National Security Act of 1947, as amended (5 U.S.C.
171l). The words ''Veterans' Administration'' are added under the
authority of the Act of August 9, 1921, ch. 57, 42 Stat. 148, which
transferred care of veterans to the Veterans' Bureau, the Act of June 7,
1924, ch. 320, 43 Stat. 610, which transferred all hospitals under the
jurisdiction of the Public Health Service to the Veterans' Bureau, and
the Act of July 3, 1930, ch. 863, 1, 46 Stat. 1016, under which the
President by Executive Order No. 5398, July 21, 1930, transferred the
Veterans' Bureau to the Veterans' Administration. The words ''while
undergoing such care and treatment'' are omitted as surplusage.
1989 -- Pub. L. 101-189 substituted ''Department of Veterans
Affairs'' for ''Veterans' Administration''.
10 USC 7604. Ships' stores: sale of goods and services
TITLE 10 -- ARMED FORCES
Under such regulations and at such prices as the Secretary of the
Navy may prescribe, the Secretary may provide for the sale of goods and
services from ships' stores to members of the naval service and to such
other persons as provided by law.
(Added Pub. L. 101-510, div. A, title III, 329(a)(1), Nov. 5, 1990,
104 Stat. 1534.)
A prior section 7604, acts Aug. 10, 1956, ch. 1041, 70A Stat. 471;
Nov. 2, 1966, Pub. L. 89-718, 44, 80 Stat. 1120, which related to
profit on sales from ships' stores, was repealed by Pub. L. 101-510,
div. A, title III, 329(a)(1), Nov. 5, 1990, 104 Stat. 1534.
Section 329(a)(3) of Pub. L. 101-510 provided that: ''The
regulations required to be prescribed under section 7604 of title 10,
United States Code (as amended by paragraph (1)), shall be first
prescribed not later than 90 days after the date of the enactment of
this Act (Nov. 5, 1990).''
10 USC 7605. Acceptance of Government checks outside the United States
TITLE 10 -- ARMED FORCES
Notwithstanding section 3302(a) of title 31, the Secretary of the
Navy may authorize the officer in charge of any commissary store or
ship's store ashore located outside the United States to --
(1) accept any Government check tendered by a retired member of the
Navy or the Marine Corps, a member of the Naval Reserve or the Marine
Corps Reserve, or a member of the Fleet Reserve or the Fleet Marine
Corps Reserve, if the member is the payee of the check and the check is
tendered in payment of amounts due from the member to the store; and
(2) refund in cash any difference between the amount due and the
amount of the tendered check.
(Aug. 10, 1956, ch. 1041, 70A Stat. 471; Dec. 12, 1980, Pub. L.
96-513, title V, 513(42), 94 Stat. 2935; Sept. 13, 1982, Pub. L.
97-258, 3(b)(10), 96 Stat. 1064.)
Since the authority of this section to refund any cash balance
extends only to the payee of a check, the section is written to
authorize only the payee to cash it. The Fleet Reserve and the Fleet
Marine Corps Reserve were parts of the Naval Reserve and the Marine
Corps Reserve, respectively, when the source statute was enacted but
were removed therefrom by the Armed Forces Reserve Act of 1952. The
words ''or a member of the Fleet Reserve or the Fleet Marine Corps
Reserve'' are inserted in clause (1) to give this section the same
applicability as the source.
1982 -- Pub. L. 97-258 substituted ''section 3302(a) of title 31''
for ''sections 3639 and 3651 of the Revised Statutes (31 U.S.C. 521 and
543)''.
1980 -- Pub. L. 96-513 substituted ''sections 3639 and 3651 of the
Revised Statutes (31 U.S.C. 521 and 543)'' for ''sections 521 and 543 of
title 31''.
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 653 -- CLAIMS
TITLE 10 -- ARMED FORCES
Sec.
7621. Definitions.
7622. Admiralty claims against the United States.
7623. Admiralty claims by the United States.
(7624, 7625. Repealed.)
1962 -- Pub. L. 87-769, 1(2)(B), Oct. 9, 1962, 76 Stat. 768,
struck out item 7625 ''Claims against the United States: private
property; loss or damage''.
1960 -- Pub. L. 86-533, 1(10)(B), June 29, 1960, 74 Stat. 247,
struck out item 7624 ''Reports to Congress''.
Military claims generally, see section 2731 et seq. of this title.
10 USC 7621. Definitions
TITLE 10 -- ARMED FORCES
(a) In this chapter ''vessel in the naval service'' means --
(1) any vessel of the Navy, manned by the Navy, or chartered on
bareboat charter to the Navy; or
(2) when the Coast Guard is operating as a service in the Navy, any
vessel of the Coast Guard, manned by the Coast Guard, or chartered on
bareboat charter to the Coast Guard.
(b) In this chapter ''settle'' means consider, ascertain, adjust,
determine, and dispose of a claim, whether by full or partial allowance
or by disallowance.
(Aug. 10, 1956, ch. 1041, 70A Stat. 472.)
In subsection (a) the words ''vessel in the naval service'' are
substituted for the words ''vessels of the Navy or in the naval
service''. The defined term is used throughout the chapter, and by
definition includes vessels of the Navy. The words ''when the Coast
Guard is operating as a service in the Navy'' are substituted for the
words ''the Coast Guard when operating as a part of the Navy'' to
conform to the terminology of 14 U.S.C. 3.
Subsection (b) is inserted for clarity, and is based on the source
laws for this revised chapter.
10 USC 7622. Admiralty claims against the United States
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may settle, or compromise, and pay in
an amount not more than $1,000,000 an admiralty claim against the United
States for --
(1) damage caused by a vessel in the naval service or by other
property under the jurisdiction of the Department of the Navy;
(2) compensation for towage and salvage service, including contract
salvage, rendered to a vessel in the naval service or to other property
under the jurisdiction of the Department of the Navy; or
(3) damage caused by a maritime tort committed by any agent or
employee of the Department of the Navy or by property under the
jurisdiction of the Department of the Navy.
(b) If a claim under this section is settled or compromised for more
than $1,000,000, the Secretary shall certify it to Congress.
(c) In any case where the amount to be paid is not more than
$100,000, the Secretary may delegate his authority under this section to
any person designated by him.
(d) Upon acceptance of payment by the claimant, the settlement or
compromise of a claim under this section is final and conclusive
notwithstanding any other provision of law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 472; July 7, 1965, Pub. L.
89-67, 79 Stat. 212; Aug. 29, 1972, Pub. L. 92-417, 1(5), 86 Stat.
654; Nov. 29, 1989, Pub. L. 101-189, div. A, title XVI, 1633, 103
Stat. 1608.)
In subsection (a) the words ''consider, ascertain, adjust,
determine'' are omitted as covered by the word ''settle'', as defined in
7621(b) of this title. The words ''vessel in the naval service'' are
substituted for the words ''vessels of the Navy or in the naval
service'', in view of the definition in 7621(a) of this title. The
words ''pay in an amount not more than $1,000,000, a claim'' are
substituted for the words ''pay the amount of any claim, so determined,
compromised, or settled'' and for the words ''the payment of any claim
on which a net amount exceeding $1,000,000 is determined to be due from
the United States, or which is compromised or settled at a net amount
exceeding $1,000,000 payable by the United States, shall not be
authorized by this section''.
In subsection (c) the words ''In any case where the amount to be paid
is not more than'' are substituted for the words ''When the net amount
paid in settlement does not exceed'' for clarity, since the delegation
necessarily precedes payment. The words ''the Secretary may delegate
his authority'' are substituted for the words ''the authority of the
Secretary of the Navy * * * may be exercised by'' for clarity.
In subsection (d) the words ''but not until then'', ''for all
purposes'', and ''to the contrary'' are omitted as surplusage.
The first proviso in 46 U.S.C. 797, stating that this section is
supplementary to, and not in lieu of, other laws authorizing the
settlement of claims, is omitted as unnecessary, since the other
applicable claims laws are restated in this title. The second proviso,
forbidding consideration of claims for more than $3,000 if they accrued
before Sept. 8, 1939, is omitted as obsolete. It was designed to avoid
reviving stale claims upon enactment of the source law on July 3, 1944.
However, as a matter of practice, no claims are settled under this
authority which are more than two years old, in line with the two-year
statute of limitations contained in the Suits in Admiralty Act and the
Public Vessels Act. This limitation has been officially publicized in
the Federal Register for May 22, 1947, p. 3296, and in 32 C.F.R. 752.
The third proviso in 46 U.S.C. 797 is omitted as unnecessary, since the
appropriation named therein no longer exists, and the payments are now
made from appropriations for the Department of Defense.
1989 -- Subsec. (c). Pub. L. 101-189 substituted ''$100,000'' for
''$10,000''.
1972 -- Subsec. (a). Pub. L. 92-417 substituted ''an admiralty claim
against the United States'' for ''a claim against the United States'' in
text preceding par. (1), in par. (1) inserted ''or by other property
under the jurisdiction of the Department of the Navy'', in par. (2)
inserted ''or to other property under the jurisdiction of the Department
of the Navy'', and added par. (3).
1965 -- Subsec. (c). Pub. L. 89-67 substituted ''$10,000'' for
''$1,000''.
Nuclear incident involving nuclear reactor of United States warship,
payment or claims or judgments for bodily injury, death, or damage
resulting from, see section 2211 of Title 42, The Public Health and
Welfare.
Suits in admiralty --
Against United States for damages caused by or for towage or salvage
services, see section 781 et seq. of Title 46, Appendix, Shipping.
By or against vessels or cargoes of United States, see section 741 et
seq. of Title 46, Appendix.
10 USC 7623. Admiralty claims by the United States
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may settle, or compromise, and receive
payment of a claim by the United States for damage to property under the
jurisdiction of the Department of the Navy or property for which the
Department has assumed an obligation to respond for damage, if --
(1) the claim is --
(A) of a kind that is within the admiralty jurisdiction of a district
court of the United States; or
(B) for damage caused by a vessel or floating object; and
(2) the net amount to be received by the United States is not more
than $1,000,000.
(b) In exchange for payment of an amount found to be due the United
States under this section, the Secretary may execute a release of the
claim on behalf of the United States. Amounts received under this
section shall be covered into the Treasury.
(c) In any case where the amount to be received by the United States
is not more than $100,000, the Secretary may delegate his authority
under this section to any person designated by him.
(d) Upon acceptance of payment by the Secretary, the settlement or
compromise of a claim under this section is final and conclusive
notwithstanding any other provision of law.
(e) This section does not apply to any claim while there is pending
as to that claim a suit filed by or against the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 472; July 7, 1965, Pub. L.
89-67, 79 Stat. 212; Nov. 29, 1989, Pub. L. 101-189, div. A, title XVI,
1633, 103 Stat. 1608.)
In subsection (a) the words ''consider, ascertain, adjust,
determine'' are omitted as covered by the word ''settle'', as defined in
section 7621(b) of this title. The words ''of the United States''
(following the word ''property''), ''by contract or otherwise'', and
''thereto'' are omitted as surplusage. The words ''of a kind that is
within the admiralty jurisdiction of'' are substituted for the words
''cognizable in admiralty in''. The words ''receive payment of a claim
* * * if the net amount to be received by the United States is not more
than $1,000,000'' are substituted for the words ''receive in payment of
any such claim the amount due the United States pursuant to
determination, compromise, or settlement as herein authorized * * *
Provided, further, That no settlement or compromise where there is
involved a payment in the net amount of over $1,000,000 shall be
authorized by this Act''.
In subsection (b) the words ''and to deliver'' are omitted as covered
by the word ''execute''. The words ''Amounts received under this
section'' are substituted for the words ''All such payments'' for
clarity and uniformity. The words ''of the United States as
miscellaneous receipts'' are omitted as surplusage.
In subsection (c) the words ''In any case where the amount to be
received by the United States is not more than'' are substituted for the
words ''Where the net amount received in settlement does not exceed''
for clarity, since the delegation of authority necessarily precedes
receipt of payment. The words ''the Secretary may delegate his
authority'' are substituted for the words ''the authority of the
Secretary of the Navy * * * may be exercised'' for clarity.
In subsection (d) the words ''but not until then'', ''for all
purposes'', and ''to the contrary'' are omitted as surplusage.
Subsection (e) is worded to insure that the effect of a suit pending
at any time is preserved and that the provision is not interpreted to
apply only to suits that are pending on the date of enactment of this
title.
The first proviso of 34 U.S.C. 600a, stating that this section is
supplementary to, and not in lieu of, other laws authorizing the
settlement of claims, is omitted as unnecessary, since the other
applicable claims laws are restated in this title.
1989 -- Subsec. (c). Pub. L. 101-189 substituted ''$100,000'' for
''$10,000''.
1965 -- Subsec. (c). Pub. L. 89-67 substituted ''$10,000'' for
''$1,000''.
Suits in admiralty --
Against United States for damages caused by or for towage or salvage
services, see section 781 et seq. of Title 46, Appendix, Shipping.
By or against vessels or cargoes of United States, see section 741 et
seq. of Title 46, Appendix.
10 USC ( 7624. Repealed. Pub. L. 86-533, 1(10)(A), June 29, 1960, 74
Stat. 247)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 473, related to
reports to the Congress with respect to amounts paid or received under
sections 7622 and 7623 of this title.
10 USC ( 7625. Repealed. Pub. L. 87-769, 1(2)(A), Oct. 9, 1962, 76
Stat. 768)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 473, related to
settlement of claims for damage to or loss of privately owned property.
See section 2736 of this title.
10 USC CHAPTER 655 -- PRIZE
TITLE 10 -- ARMED FORCES
Sec.
7651. Scope of chapter.
7652. Jurisdiction.
7653. Court in which proceedings brought.
7654. Effect of failure to start proceedings.
7655. Appointment of prize commissioners and special prize
commissioners.
7656. Duties of United States attorney.
7657. Duties of commanding officer of capturing vessel.
7658. Duties of prize master.
7659. Libel and proceedings by United States attorney.
7660. Duties of prize commissioners.
7661. Interrogation of witnesses by prize commissioners.
7662. Duties of marshal.
7663. Prize property appropriated for the use of the United States.
7664. Delivery of property on stipulation.
7665. Sale of prize.
7666. Mode of making sale.
7667. Transfer of prize property to another district for sale.
7668. Disposition of prize money.
7669. Security for costs.
7670. Costs and expenses a charge on prize property.
7671. Payment of costs and expenses from prize fund.
7672. Recaptures: award of salvage, costs, and expenses.
7673. Allowance of expenses to marshals.
7674. Payment of witness fees.
7675. Commissions of auctioneers.
7676. Compensation of prize commissioners and special prize
commissioners.
7677. Accounts of clerks of district courts.
7678. Interfering with delivery, custody, or sale of prize property.
7679. Powers of district court over prize property notwithstanding
appeal.
7680. Appeals and amendments in prize causes.
7681. Reciprocal privileges to cobelligerent.
10 USC 7651. Scope of chapter
TITLE 10 -- ARMED FORCES
(a) This chapter applies to all captures of vessels as prize during
war by authority of the United States or adopted and ratified by the
President. However, this chapter does not affect the right of the Army
or the Air Force, while engaged in hostilities, to capture wherever
found and without prize procedure --
(1) enemy property; or
(2) neutral property used or transported in violation of the
obligations of neutrals under international law.
(b) As used in this chapter --
(1) ''vessel'' includes aircraft; and
(2) ''master'' includes the pilot or other person in command of an
aircraft.
(c) Property seized or taken upon the inland waters of the United
States by its naval forces is not maritime prize. All such property
shall be delivered promptly to the proper officers of the courts.
(d) Nothing in this chapter may be construed as contravening any
treaty of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 474.)
In subsection (a) the words ''including aircraft'' are omitted as
covered by subsection (b). The section is written to make the words
''during war'' applicable to the entire chapter. These words appear in
34 U.S.C. 1159, but not in 34 U.S.C. 1131. Prize is historically and
uniformly treated as a war-time matter, so no substantive change results
from the extension. The words ''this chapter does not affect'' are
substituted for the words ''nothing herein contained shall be construed
as affecting, or in any way impairing''. The words ''Air Force'' are
added under authority of 305(a) of the National Security Act of 1947,
as amended (5 U.S.C. 171l), to provide the same applicability as
formerly provided by the word ''Army''. The word ''legal'' is omitted
as surplusage.
In subsection (b) the definition of the term ''ship'' is omitted as
covered by the term ''vessel''. All of 34 U.S.C. 1132 except that part
which includes ''aircraft'' within the term ''vessels'' is omitted as
unnecessary since the defined term ''vessels of the Navy'' does not
appear in the provisions to which the definition is made applicable.
The last sentence of 34 U.S.C. 1158 applies only to Title LIV (Prize) of
the Revised Statutes. In subsection (d) it is broadened to cover the
entire body of statutory prize law. Additions to the prize law made by
the Act of August 18, 1942, ch. 553, 56 Stat. 746, as amended,
operated only to extend the jurisdiction of courts of the United States
to certain cases in which the prizes are not brought into the
territorial waters of the United States. Relations of this country with
other countries are not affected by the 1942 Act except when
jurisdiction is exercised by American courts over prizes brought into
cobelligerent ports. As that Act provides that the consent of the
cobelligerent is necessary to the exercise of such jurisdiction, the
rule against contravention of treaties is properly applied to it.
10 USC 7652. Jurisdiction
TITLE 10 -- ARMED FORCES
(a) The United States district courts have original jurisdiction,
exclusive of the courts of the States, of each prize and each proceeding
for the condemnation of property taken as prize, if the prize is --
(1) brought into the United States, or the Territories,
Commonwealths, or possessions;
(2) brought into the territorial waters of a cobelligerent;
(3) brought into a locality in the temporary or permanent possession
of, or occupied by, the armed forces of the United States; or
(4) appropriated for the use of the United States.
(b) The United States district courts, exclusive of the courts of the
States, also have original jurisdiction of a prize cause in which the
prize property --
(1) is lost or entirely destroyed; or
(2) cannot be brought in for adjudication because of its condition.
(c) The jurisdiction conferred by this section of prizes brought into
the territorial waters of a cobelligerent may not be exercised, nor may
prizes be appropriated for the use of the United States within those
territorial waters, unless the government having jurisdiction over those
waters consents to the exercise of the jurisdiction or to the
appropriation.
(Aug. 10, 1956, ch. 1041, 70A Stat. 474.)
Subsection (a) reflects 28 U.S.C. 1333 by restating the basic prize
jurisdiction of that section over prizes brought into the United States,
and by providing that the extension of prize jurisdiction conferred by
34 U.S.C. 1159 on the United States district courts is exclusive of the
courts of the States. 34 U.S.C. 1166 and the second sentence of 34
U.S.C. 1164 are executed in the single jurisdictional statement of this
section and the consolidation of the Act of August 18, 1942, ch. 553,
56 Stat. 746 (34 U.S.C. 1159-1166) with the earlier prize provisions.
The words ''during war'' in 34 U.S.C. 1159 are omitted as covered in
7651 of this title. In clause (1) the words ''or the Territories,
Commonwealths, or possessions'' are added, since ''United States'' in
this title is geographically limited to the 48 States and the District
of Columbia, whereas the term here is intended to include all places
within the jurisdiction of the district courts.
In clause (4) the words ''taken or'' preceding the words
''appropriated for the use of the United States'' are omitted as
surplusage and in order to avoid confusion between the two meanings of
the word ''taken'' in prize law. In both the Revised Statutes and the
1942 Act the phrase ''taken or appropriated'' means no more than
''appropriated'' alone, whereas ''taken'', in the phrase ''taken as
prize'' means ''captured''.
Subsection (b) is included to make the statement of jurisdiction
complete. It is derived by implication from the first sentence of R.S.
4625 (34 U.S.C. 1141) which is the source of subsection (c) of 7653 of
this title.
10 USC 7653. Court in which proceedings brought
TITLE 10 -- ARMED FORCES
(a) If a prize is brought into a port of the United States, or the
Territories, Commonwealths, or possessions, proceedings for the
adjudication of the prize cause shall be brought in the district in
which the port is located.
(b) If a prize is brought into the territorial waters of a
cobelligerent, or is brought into a locality in the temporary or
permanent possession of, or occupied by, the armed forces of the United
States, or is appropriated for the use of the United States, before
proceedings are started, the venue of the proceedings for adjudication
of the cause shall be in the judicial district selected by the Attorney
General, or his designee, for the convenience of the United States.
(c) If the prize property is lost or entirely destroyed or if,
because of its condition, no part of it has been or can be sent in for
adjudication, proceedings for adjudication of the cause may be brought
in any district designated by the Secretary of the Navy. In such cases
the proceeds of anything sold shall be deposited with the Treasurer of
the United States or public depositary in or nearest the district
designated by the Secretary, subject to the orders of the court for that
district.
(Aug. 10, 1956, ch. 1041, 70A Stat. 474.)
Subsection (a) is inserted in order to present a complete statement
of the subject matter of the section. Its substance is not specifically
set out in the Revised Statutes but is strongly implied in 34 U.S.C.
1135 which requires the United States attorney for the district in which
the port is located to file a libel.
In subsection (b) the requisites for jurisdiction conferred under the
1942 Act are substituted for the words ''brought under the jurisdiction
conferred by this Act''. The substituted words are the same as those
used in clauses (2), (3), and (4) of the preceding section except that
the words ''before proceedings are started'' are added following the
words ''appropriated for the use of the United States'' for clarity. An
appropriation can take place before or after proceedings are commenced,
but in the latter case there is no occasion for the Attorney General to
determine venue.
In subsection (c) the words ''or if because the whole has been
appropriated to the use of the United States'' and the words ''or the
value of anything taken or appropriated for the use of the United
States'' are omitted. The provision in the 1942 Act which empowers the
Attorney General to decide the venue of proceedings when the prize
property has been appropriated is incompatible with the provision in
R.S. 4625 which authorizes the Secretary of the Navy to select the
judicial district in such cases. Hence the 1942 Act superseded R.S.
4625 with respect to cases of this type. Deposit of the value of prize
property appropriated by the United States is adequately covered in
7663 of this title and is not mentioned here. The second sentence of 34
U.S.C. 1141 (R.S. 4625), relating to proceedings by captors, is omitted
because it was rendered inoperative by the Act of March 3, 1899, ch.
413, 13, 30 Stat. 1007, which repealed all laws authorizing the
distribution of prize money to captors.
10 USC 7654. Effect of failure to start proceedings
TITLE 10 -- ARMED FORCES
If a vessel is captured as prize and no proceedings for adjudication
are started within a reasonable time, any party claiming the captured
property may, in any district court as a court of prize --
(1) move for a monition to show cause why such proceedings shall not
be started; or
(2) bring an original suit for restitution.
The monition issued in either case shall be served on the United
States Attorney for the district, on the Secretary of the Navy, and on
such other persons as are designated by order of the court.
(Aug. 10, 1956. ch. 1041, 70A Stat. 475.)
10 USC 7655. Appointment of prize commissioners and special prize
commissioners
TITLE 10 -- ARMED FORCES
(a) In each judicial district there may be not more than three prize
commissioners, one of whom is the naval prize commissioner. They shall
be appointed by the district court for service in connection with any
prize cause in which proceedings are brought under section 7653(a) or
(c) of this title. The naval prize commissioner must be an officer of
the Navy whose appointment is approved by the Secretary of the Navy.
The naval prize commissioner shall protect the interests of the
Department of the Navy in the prize property. At least one of the other
commissioners must be a member of the bar of the court, of not less than
three years' standing, who is experienced in taking depositions.
(b) A district court may appoint special prize commissioners to
perform abroad, in connection with any prize cause in which proceedings
are brought under section 7653(b) of this title, the duties prescribed
for prize commissioners, and, in connection with those causes, to
exercise anywhere such additional powers and perform such additional
duties as the court considers proper, including the duties prescribed by
this chapter for United States marshals. The court may determine the
number and qualifications of the special prize commissioners it
appoints, except that for each cause there shall be at least one naval
special prize commissioner. The naval special prize commissioner must
be an officer of the Navy whose appointment is approved by the
Secretary. The naval special prize commissioner shall protect the
interests of the Department of the Navy in the prize property.
(Aug. 10, 1956, ch. 1041, 70A Stat. 475.)
The first sentence of subsection (a) is reworded to make it clear
that the limitation as to number applies to the number of prize
commissioners who may serve in each judicial district at any one time
and that the court is not precluded from making additional appointments
to fill vacancies. The words ''for service in connection with any prize
cause in which proceedings are brought under section 7653(a) or (c) of
this title'' are added to distinguish the prize commissioners from the
special prize commissioners mentioned in subsection (b). The words
''officer of the Navy'' in subsections (a) and (b) are substituted for
the words ''naval officer, active or retired'' because an officer of the
Navy does not lose his status as such upon retirement, and to retain
these words would open to question the many other provisions in this
subtitle treating retired officers as officers.
In subsection (b) the words ''in connection with any prize cause in
which proceedings are brought under section 7653(b) of this title'' are
substituted for the words ''in cases arising under this Act'' for
accuracy of reference. The words ''including the duties prescribed by
this chapter for United States marshals'' are added for clarity.
Section 7662 of this title prescribes the duties of marshals. Most of
these duties could not be performed by the marshals if the prize was not
brought into a United States port. In such cases occurring during World
War II the courts, under the authority of the 1942 Act, required the
special prize commissioners to perform the duties ordinarily performed
by the marshals. The words ''without regard for the requirements of
section 7367 of this title'' are omitted as unnecessary, since that
section is codified in subsection (a), and language distinguishing the
prize commissioners from the special prize commissions is included in
each subsection.
10 USC 7656. Duties of United States attorney
TITLE 10 -- ARMED FORCES
(a) The interests of the United States in a prize cause shall be
represented by the United States attorney for the judicial district in
which the prize cause is adjudicated. The United States attorney shall
protect the interests of the United States and shall examine all fees,
costs, and expenses sought to be charged against the prize fund.
(b) In a judicial district where one or more prize causes are pending
the United States attorney shall send to the Secretary of the Navy, at
least once every three months, a statement of all such causes in the
form and covering the particulars required by the Secretary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 475.)
The Act of March 3, 1899, ch. 413, 13, 30 Stat. 1007, which
repealed all laws authorizing the distribution of prize money to
captors, rendered inoperative parts of R.S. 4619 relative to protection
of captors' interest. These parts are omitted from 34 U.S.C. 1136 and
from the revised section.
10 USC 7657. Duties of commanding officer of capturing vessel
TITLE 10 -- ARMED FORCES
(a) The commanding officer of a vessel making a capture shall --
(1) secure the documents of the captured vessel, including the log,
and the documents of cargo, together with all other documents and
papers, including letters, found on board;
(2) inventory and seal all the documents and papers;
(3) send the inventory and documents and papers to the court in which
proceedings are to be had, with a written statement --
(A) that the documents and papers sent are all the papers found, or
explaining the reasons why any are missing; and
(B) that the documents and papers sent are in the same condition as
found, or explaining the reasons why any are in different condition;
(4) send as witnesses to the prize court the master, one or more of
the other officers, the supercargo, purser, or agent of the prize, and
any other person found on board whom he believes to be interested in or
to know the title, national character, or destination of the prize, and
if any of the usual witnesses cannot be sent, send the reasons therefor
to the court; and
(5) place a competent prize master and a prize crew on board the
prize and send the prize, the witnesses, and all documents and papers,
under charge of the prize master, into port for adjudication.
(b) In the absence of instructions from higher authority as to the
port to which the prize shall be sent for adjudication, the commanding
officer of the capturing vessel shall select the port that he considers
most convenient in view of the interests of probable claimants.
(c) If the captured vessel, or any part of the captured property, is
not in condition to be sent in for adjudication, the commanding officer
of the capturing vessel shall have a survey and an appraisal made by
competent and impartial persons. The reports of the survey and the
appraisal shall be sent to the court in which proceedings are to be had.
Property so surveyed and appraised, unless appropriated for the use of
the United States, shall be sold under authority of the commanding
officer present. Proceeds of the sale shall be deposited with the
Treasurer of the United States or in the public depositary most
accessible to the court in which proceedings are to be had and subject
to its order in the cause.
(Aug. 10, 1956, ch. 1041, 70A Stat. 476.)
As does 34 U.S.C. 1133, the revised section reflects the Act of March
3, 1899, ch. 413, 13, 30 Stat. 1007, and the Act of May 29, 1920, ch.
214, 1, 41 Stat. 654, which, respectively, abolished the interest of
captors in prize property and substituted ''Treasurer of the United
States or public depositary'' for ''assistant treasurer of the United
States''.
10 USC 7658. Duties of prize master
TITLE 10 -- ARMED FORCES
The prize master shall take the captured vessel to the selected port.
On arrival he shall --
(1) deliver immediately to a prize commissioner the documents and
papers and the inventory thereof;
(2) make affidavit that the documents and papers and the inventory
thereof and the prize property are the same and are in the same
condition as delivered to him, or explaining any loss or absence or
change in their condition;
(3) report all information respecting the prize and her capture to
the United States attorney;
(4) deliver the persons sent as witnesses to the custody of the
United States marshal; and
(5) retain the prize in his custody until it is taken therefrom by
process from the prize court.
(Aug. 10, 1956, ch. 1041, 70A Stat. 476.)
The word ''diligently'' is omitted as surplusage.
10 USC 7659. Libel and proceedings by United States attorney
TITLE 10 -- ARMED FORCES
(a) Upon receiving the report of the prize master directed by section
7658 of this title, the United States attorney for the district shall
promptly --
(1) file a libel against the prize property;
(2) obtain a warrant from the court directing the marshal to take
custody of the prize property; and
(3) proceed to obtain a condemnation of the property.
(b) In connection with the condemnation proceedings the United States
attorney shall insure that the prize commissioners --
(1) take proper preparatory evidence; and
(2) take depositions de bene esse of the prize crew and of other
transient persons who know any facts bearing on condemnation.
(Aug. 10, 1956, ch. 1041, 70A Stat. 477.)
As does 34 U.S.C. 1135, the revised section reflects the Act of March
3, 1899, ch. 413, 13, 30 Stat. 1007, which repealed all laws
authorizing distribution of prize proceeds to captors.
10 USC 7660. Duties of prize commissioners
TITLE 10 -- ARMED FORCES
One or more of the prize commissioners shall --
(1) receive from the prize master the documents and papers of the
captured vessel and the inventory thereof;
(2) take the affidavit of the prize master required by section 7658
of this title;
(3) take promptly, in the manner prescribed by section 7661 of this
title, the testimony of the witnesses sent in;
(4) take, at the request of the United States attorney, on
interrogatories prescribed by the court, the depositions de bene esse of
the prize crew and others;
(5) examine and inventory the prize property;
(6) apply to the court for an order to the marshal to unload the
cargo, if this is necessary to that examination and inventory;
(7) report to the court, and notify the United States attorney,
whether any of the prize property requires immediate sale in the
interest of all parties;
(8) report to the court, from time to time, any matter relating to
the condition, custody, or disposal of the prize property requiring
action by the court;
(9) return to the court sealed and secured from inspection --
(A) the documents and papers received, duly scheduled and numbered;
(B) the preparatory evidence;
(C) the evidence taken de bene esse; and
(D) their inventory of the prize property; and
(10) report to the Secretary of the Navy, if, in their judgment, any
of the prize property is useful to the United States in the prosecution
of war.
(Aug. 10, 1956, ch. 1041, 70A Stat. 477.)
The words ''but the custody of the property shall be in the marshal
only'' are omitted as surplusage, since this fact is made clear in 7662
of this title.
10 USC 7661. Interrogation of witnesses by prize commissioners
TITLE 10 -- ARMED FORCES
Witnesses before the prize commissioners shall be questioned
separately, on interrogatories prescribed by the court, in the manner
usual in prize courts. Without special authority from the court, the
witnesses may not see the interrogatories, documents, or papers, or
consult with counsel or with other persons interested in the cause.
Witnesses who have the rights of neutrals shall be discharged as soon as
practicable.
(Aug. 10, 1956, ch. 1041, 70A Stat. 477.)
10 USC 7662. Duties of marshal
TITLE 10 -- ARMED FORCES
The marshal shall --
(1) keep in his custody all persons found on board a prize and sent
in as witnesses, until they are released by the prize commissioners or
the court;
(2) keep safely in his custody all prize property under warrant from
the court;
(3) report to the court any cargo or other property that he thinks
should be unloaded and stored or sold;
(4) insure the prize property, if in his judgment it is in the
interest of all concerned;
(5) have charge of the sale of the property, if a sale is ordered,
and be responsible for the conduct of the sale in the manner required by
the court, for the collection of the gross proceeds, and for their
immediate deposit with the Treasurer of the United States or public
depositary nearest the place of sale, subject to the order of the court
in the cause; and
(6) submit to the Secretary of the Navy, at such times as the
Secretary designates, a full statement of the condition of the prize and
of the disposal made thereof.
(Aug. 10, 1956, ch. 1041, 70A Stat. 478.)
In clause (2) the words ''in his custody'' are inserted to make clear
the fact that the marshal has custody of the prize property.
In clause (5) the words ''and be responsible for'' are inserted for
clarity, since 34 U.S.C. 1144 provides that the sale and deposit of the
proceeds shall be made by the auctioneer and his agent rather than by
the marshal, although the marshal supervises them. The words
''Treasurer of the United States or public depositary'' are substituted
for ''assistant treasurer'' to reflect the Act of May 29, 1920, ch.
214, 41 Stat. 654.
10 USC 7663. Prize property appropriated for the use of the United
States
TITLE 10 -- ARMED FORCES
(a) Any officer or agency designated by the President may appropriate
for the use of the United States any captured vessel, arms, munitions,
or other material taken as prize. The department or agency for whose
use the prize property is appropriated shall deposit the value of the
property with the Treasurer of the United States or with the public
depositary nearest to the court in which the proceedings are to be had,
subject to the orders of the court.
(b) Whenever any captured vessel, arms, munitions, or other material
taken as prize is appropriated for the use of the United States before
that property comes into the custody of the prize court, it shall be
surveyed, appraised, and inventoried by persons as competent and
impartial as can be obtained, and the survey, appraisal, and inventory
sent to the court in which the proceedings are to be had. If the
property is appropriated after it comes into the custody of the court,
sufficient notice shall be given to enable the court to have the
property appraised for the protection of the rights of the claimants.
(c) Notwithstanding subsections (a) and (b), in any case where prize
property is appropriated for the use of the United States, a prize court
may adjudicate the cause on the basis of an inventory and survey and an
appropriate undertaking by the United States to respond for the value of
the property, without either an appraisal or a deposit of the value of
the prize with the Treasurer of the United States or a public
depositary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 478.)
In subsection (a) the words ''may appropriate'' are substituted for
the words ''the power to take or appropriate * * * may be exercised'',
in 34 U.S.C. 1162, for clarity and uniformity of statement. Under the
Revised Statutes it was implied and understood that the Navy could
appropriate prizes on behalf of the United States for use by the Navy.
Use by other government agencies was not contemplated. The 1942 Act
enabled the Navy to turn prize vessels over to the War Shipping
Administration without bringing them back to United States ports.
Reference to that Administration in subsection (a) is omitted since the
Administration has been abolished and these functions have not been
specifically vested in its successors. It is surplusage as well,
because the authority to appropriate is given to any officer or agency
designated by the President.
The proviso added to R.S. 4624 (34 U.S.C. 1140) by the 1945 amendment
is identical with the proviso added to the 1942 Act (34 U.S.C. 1162) by
the 1944 amendment. The 1945 Act completed the process of making the
procedure under the Revised Statutes the same as that in effect for
causes over which the courts were given jurisdiction by the World War II
legislation, and its single statement in subsection (c) is therefore
justified.
34 U.S.C. 1140 and the revised section reflect the Act of March 3,
1899, ch. 413, 13, 30 Stat. 1007, which repealed laws authorizing
distribution of prize proceeds to captors, and the Act of May 29, 1920,
ch. 214, 41 Stat. 654, which requires substitution of ''Treasurer of
the United States or public depositary'' for ''assistant treasurer''.
10 USC 7664. Delivery of property on stipulation
TITLE 10 -- ARMED FORCES
(a) Prize property may be delivered to a claimant on stipulation,
deposit, or other security, if --
(1) the claimant satisfies the court that the property has a peculiar
and intrinsic value to him, independent of its market value;
(2) the court is satisfied that the rights and interests of the
United States or of other claimants will not be prejudiced;
(3) an opportunity is given to the United States attorney and the
naval prize commissioner or the naval special prize commissioner to be
heard as to the appointment of appraisers; and
(4) a satisfactory appraisal is made.
(b) Money collected on a stipulation, or deposited instead of it,
that does not represent costs shall be deposited with the Treasurer of
the United States or a public depositary in the same manner as proceeds
of a sale.
(Aug. 10, 1956, ch. 1041, 70A Stat. 479.)
34 U.S.C. 1142 and this section reflect the Act of March 3, 1899, ch.
413, 13, 30 Stat. 1007, which repealed laws authorizing distribution
of prize proceeds to captors, and the Act of May 29, 1920, ch. 214, 1,
41 Stat. 654, which requires substitution of ''Treasurer of the United
States or public depositary'' for ''assistant treasurer''.
10 USC 7665. Sale of prize
TITLE 10 -- ARMED FORCES
(a) The court shall order a sale of prize property if --
(1) the property has been condemned;
(2) the court finds, at any stage of the proceedings, that the
property is perishable, liable to deteriorate, or liable to depreciate
in value; or
(3) the cost of keeping the property is disproportionate to its
value.
(b) The court may order a sale of the prize property if, after the
return-day on the libel, all the parties in interest who have appeared
in the cause agree to it.
(c) An appeal does not prevent the order of a sale under this section
or the execution of such an order.
(Aug. 10, 1956, ch. 1041, 70A Stat. 479.)
In subsection (a) the word ''perishing'' is omitted as surplusage.
The words ''in value'' are added after ''depreciate'' for clarity.
In subsection (c) the words ''An appeal does not prevent'' are
substituted for the words ''no appeal shall operate to prevent''.
10 USC 7666. Mode of making sale
TITLE 10 -- ARMED FORCES
(a) If a sale of prize property is ordered by the court, the marshal
shall --
(1) prepare and circulate full catalogues and schedules of the
property to be sold and return a copy of each to the court;
(2) advertise the sale fully and conspicuously by posters and in
newspapers ordered by the court;
(3) give notice to the naval prize commissioner at least five days
before the sale; and
(4) keep the goods open for inspection for at least three days before
the sale.
(b) An auctioneer of known skill in the business to which the sale
pertains shall be employed by the Secretary of the Navy to make the
sale. The auctioneer, or his agent, shall collect and deposit the gross
proceeds of the sale. The auctioneer and his agent are responsible to
the marshal for the conduct of the sale and the collection and deposit
of the gross proceeds.
(Aug. 10, 1956, ch. 1041, 70A Stat. 479.)
The statement in subsection (b) of the responsibility of the
auctioneer and agent to the marshal in the collection and deposit of
proceeds is inserted to clarify the marshal's functions. It is derived
from 34 U.S.C. 1139, and appears in 7662 of this title.
10 USC 7667. Transfer of prize property to another district for sale
TITLE 10 -- ARMED FORCES
(a) In the case of any prize property ordered to be sold, if the
court believes that it will be in the interest of all parties to have
the property sold in a judicial district other than the one in which the
proceedings are pending, the court may direct the marshal to transfer
the property to the district selected by the court for the sale, and to
insure it. In such a case the court shall give the marshal proper
orders as to the time and manner of conducting the sale.
(b) When so ordered the marshal shall transfer the property and keep
it safely. He is responsible for its sale in the same manner as if the
property were in his own district and for the deposit of the gross
proceeds with the Treasurer of the United States or public depositary
nearest to the place of sale, subject to the order of the court for the
district where the adjudication is pending.
(c) The necessary expenses of insuring, transferring, receiving,
keeping, and selling the property are a charge upon it and upon the
proceeds. Whenever any such expense is paid in advance by the marshal,
any amount not repaid to him from the proceeds shall be allowed to him
as in the case of expenses incurred in suits in which the United States
is a party.
(d) If the Secretary of the Navy believes that it will be in the
interest of all parties to have the property sold in a judicial district
other than the one in which the proceedings are pending, he may, either
by a general regulation or by a special direction in the cause, require
the marshal to transfer the property from the district in which the
judicial proceedings are pending to any other district for sale. In
such a case proceedings shall be had as if the transfer had been made by
order of the court.
(Aug. 10, 1956, ch. 1041, 70A Stat. 479.)
34 U.S.C. 1145 and this section reflect the Act of May 29, 1920, ch.
214, 1, 41 Stat. 654, which requires substitution of ''Treasurer of
the United States or public depositary'' for ''assistant treasurer''.
In subsection (b) the words ''He is responsible for its sale'' are
substituted for the words ''It shall be the duty of the marshal to * * *
sell the same'', because, as shown in 7666 of this title, the marshal
does not sell the property himself but supervises the auctioneer who
conducts the sale.
10 USC 7668. Disposition of prize money
TITLE 10 -- ARMED FORCES
The net proceeds of all property condemned as prize shall be decreed
to the United States and shall be ordered by the court to be paid into
the Treasury.
(Aug. 10, 1956, ch. 1041, 70A Stat. 480.)
R.S. 4630 provided that in some circumstances the captors were to
receive the net proceeds of prize property and in other circumstances
they were to receive half and the United States was to receive the other
half. The Act of March 3, 1899, ch. 413, 13, 30 Stat. 1007, repealed
''all provisions of law authorizing the distribution among captors of
the whole or any portion of the proceeds of vessels, or any property
hereafter captured, condemned as prize''. Thus the only part of R.S.
4630 that remains in effect, as is indicated in 34 U.S.C. 1151, is that
part which provides that proceeds shall be decreed to the United States.
The section is so worded. R.S. 4641 stated how proceeds decreed to
captors should be divided among them. These provisions were eliminated
by the Act of March 3, 1899, supra. All that remains of R.S. 4641, as
is indicated in 34 U.S.C. 1151, is the provision that proceeds decreed
to the United States shall be paid into the Treasury, and the section is
worded accordingly.
10 USC 7669. Security for costs
TITLE 10 -- ARMED FORCES
The court may require any party to give security for costs at any
stage of the cause and upon filing an appeal.
(Aug. 10, 1956, ch. 1041, 70A Stat. 480.)
The word ''filing'' is substituted for the word ''claiming''.
10 USC 7670. Costs and expenses a charge on prize property
TITLE 10 -- ARMED FORCES
(a) Costs and expenses allowed by the court incident to the bringing
in, custody, preservation, insurance, and sale or other disposal of
prize property are a charge upon the property and shall be paid from the
proceeds thereof, unless the court decrees restitution free from such a
charge.
(b) Charges for work and labor, materials furnished, or money paid
must be supported by affidavit or vouchers.
(Aug. 10, 1956, ch. 1041, 70A Stat. 480.)
10 USC 7671. Payment of costs and expenses from prize fund
TITLE 10 -- ARMED FORCES
(a) Payment may not be made from a prize fund except upon the order
of the court. The court may, at any time, order the payment, from the
deposit made with the Treasurer or public depositary in the cause, or
costs or charges accrued and allowed.
(b) When the cause is finally disposed of, the court shall order the
Treasurer or public depositary to pay the costs and charges allowed and
unpaid. If the final decree is for restitution, or if there is no money
subject to the order of the court in the cause, costs or charges allowed
by the court and not paid by the claimants shall be paid out of the fund
for paying the expenses of suits in which the United States is a party
or is interested.
(Aug. 10, 1956, ch. 1041, 70A Stat. 480.)
In subsection (b) the words ''or orders'' after ''order'' are omitted
as surplusage. The words ''a charge upon and'' are omitted as
surplusage.
10 USC 7672. Recaptures: award of salvage, costs, and expenses
TITLE 10 -- ARMED FORCES
(a) If a vessel or other property that has been captured by a force
hostile to the United States is recaptured, and the court believes that
the property had not been condemned as prize by competent authority
before its recapture, the court shall award an appropriate sum as
salvage.
(b) If the recaptured property belonged to the United States, it
shall be restored to the United States, and costs and expenses ordered
to be paid by the court shall be paid from the Treasury.
(c) If the recaptured property belonged to any person residing within
or under the protection of the United States, the court shall restore
the property to its owner upon his claim and on payment of such sum as
the court may award as salvage, costs, and expenses.
(d) If the recaptured property belonged to any person permanently
residing within the territory and under the protection of any foreign
government in amity with the United States, and, by the law or usage of
that government, the property of a citizen of the United States would be
restored under like circumstances of recapture, the court shall, upon
the owner's claim, restore the property to him under such terms as the
law or usage of that government would require of a citizen of the United
States under like circumstances. If no such law or usage is known, the
property shall be restored upon the payment of such salvage, costs, and
expenses as the court orders.
(e) Amounts awarded as salvage under this section shall be paid to
the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 481.)
In subsection (c) the words ''restore the property'' are substituted
for the words ''adjudge to be restored.'' A similar substitution is made
in subsection (d).
In subsection (d) the words ''foreign government'' are substituted
for the words ''foreign prince, government, or state''.
Subsection (e) is derived from the next to the last sentence of R.S.
4652 which, when enacted, read:
''The whole amount awarded as salvage shall be decreed to the captors
and no part to the United States, and shall be distributed as in the
case of proceeds of property condemned as prize.''
The Act of March 3, 1899, ch. 413, 13, 30 Stat. 1007, repealed all
laws authorizing the distribution of prize money to captors.
Accordingly, 34 U.S.C. 1158 states:
''The whole amount awarded as salvage shall be disposed of as in the
case of proceeds of property condemned as prize.''
As shown in 7668 of this title, the net proceeds of property
condemned as prize must be decreed to the United States. Subsection (e)
is phrased so as to state directly, instead of by reference, the fact
that the amount awarded as salvage is paid to the government. While
this is apparently inconsistent with R.S. 4652 as originally enacted, it
is consistent with the intent expressed by Congress in the provision of
the Act of March 3, 1899 (supra), which repealed provisions relating to
the distribution of prize money and bounty to crews. This act, it is
true, did not mention salvage; and salvage money is still occasionally
awarded to crews of naval vessels. However, such occasions are rare,
and it is the general policy of the Department of the Navy not to claim
salvage on behalf of its personnel. No case appears in which salvage
derived from prize has been claimed for such personnel. Prize salvage
is more closely related to prize money than it is to other salvage. The
determination by Congress that captors should not share in the proceeds
of prizes is, therefore, as in 34 U.S.C. 1158, carried through the
revised section to salvage derived from prize. The word ''amounts'' is
substituted for the words ''the whole amount''.
10 USC 7673. Allowance of expenses to marshals
TITLE 10 -- ARMED FORCES
The marshal shall be allowed his actual and necessary expenses for
the custody, care, preservation, insurance, and sale or other disposal
of the prize property, and for executing any order of the court in the
prize cause. Charges of the marshal for expenses or disbursements shall
be allowed only upon his oath that they have been necessarily incurred
for the purpose stated.
(Aug. 10, 1956, ch. 1041, 70A Stat. 481.)
34 U.S.C. 1153 and the revised section reflect the Act of May 28,
1896, ch. 252, 6, 29 Stat. 179, which provided that marshals should
receive annual salaries in lieu of the fees and emoluments previously
allowed them.
10 USC 7674. Payment of witness fees
TITLE 10 -- ARMED FORCES
If the court allows fees to any witness in a prize cause, or fees for
taking evidence out of the district in which the court sits, and there
is no money subject to its order in the cause, the marshal shall pay the
fees. He shall be repaid from any money deposited to the order of the
court in the cause. Any amount not so repaid to the marshal shall be
allowed him as witness fees paid by him in cases in which the United
States is a party.
(Aug. 10, 1956, ch. 1041, 70A Stat. 481.)
10 USC 7675. Commissions of auctioneers
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Navy may establish a scale of commissions to
be paid to auctioneers employed to make sales of prize property. These
commissions are in full satisfaction of expenses as well as services.
The scale may in no case allow a commission in excess of --
(1) 1/2 of 1 percent on any amount exceeding $10,000 on the sale of a
vessel; and
(2) 1 percent of any amount exceeding $10,000 on the sale of other
prize property.
(b) If no such scale is established, auctioneers in prize causes
shall be paid such compensation as the court considers just under the
circumstances of each case.
(Aug. 10, 1956, ch. 1041, 70A Stat. 481.)
The word ''amount'' is substituted for the word ''sum''.
10 USC 7676. Compensation of prize commissioners and special prize
commissioners
TITLE 10 -- ARMED FORCES
(a) Naval prize commissioners and naval special prize commissioners
may not receive compensation for their services in prize causes other
than that to which they are entitled as officers of the Navy.
(b) Prize commissioners and special prize commissioners, except naval
prize commissioners and naval special prize commissioners, are entitled
to just and suitable compensation for their services in prize causes.
The amount of compensation in each cause shall be determined by the
court and allowed as costs.
(c) Annually, on the anniversary of his appointment, each prize
commissioner and special prize commissioner, except a naval prize
commissioner or a naval special prize commissioner, shall submit to the
Attorney General an account of all amounts received for his services in
prize causes within the previous year. Of the amounts reported, each
such commissioner may retain not more than $3,000, which is in full
satisfaction for all his services in prize causes for that year. He
shall pay any excess over that amount into the Treasury.
(Aug. 10, 1956, ch. 1041, 70A Stat. 482.)
In subsection (c) the words ''on the anniversary of his appointment''
are inserted for clarity, as ''year'' in the context of this section
means a year of service as prize commissioner. The words ''and shall be
credited to the fund for paying naval pensions'' are omitted because the
Act of June 26, 1934, ch. 756, 9, 48 Stat. 1229, abolished the naval
pension fund and provided that moneys previously required to be paid
into it should be deposited in the Treasury as miscellaneous receipts.
The words ''as miscellaneous receipts'' are omitted as surplusage. The
word ''amounts'' is substituted for the word ''sums''.
34 U.S.C. 1154 and 1155 and this section reflect the Act of May 28,
1896, ch. 252, 6, 29 Stat. 179, 180, which provided that United
States attorneys should receive fixed annual salaries in lieu of the
fees and emoluments previously authorized.
10 USC 7677. Accounts of clerks of district courts
TITLE 10 -- ARMED FORCES
(a) The clerk of each district court, for the purpose of the final
decree in each prize cause, shall keep account of --
(1) the amount deposited with the Treasurer or public depositary,
subject to the order of the court in the cause; and
(2) the amounts ordered to be paid therefrom as costs and charges.
(b) The clerk shall draw the orders of the court for the payment of
costs and allowances and for the disposition of the residue of the prize
fund in each cause.
(c) The clerk shall send to the Secretary of the Treasury and the
Secretary of the Navy --
(1) copies of final decrees in prize causes; and
(2) a semi-annual statement of the amounts allowed by the court, and
ordered to be paid, within the preceding six months to the prize
commissioners and special prize commissioners for their services.
(Aug. 10, 1956, ch. 1041, 70A Stat. 482.)
34 U.S.C. 1152 and this section reflect modifications of R.S. 4644
effected by --
(1) Act of May 28, 1896, ch. 252, 6, 29 Stat. 179, which provided
for fixed annual salaries for United States attorneys and marshals;
(2) Act of March 3, 1899, ch. 413, 13, 30 Stat. 1007, which
repealed all laws authorizing distribution of prize proceeds to captors;
(3) Act of February 26, 1919, ch. 49, 1, 40 Stat. 1182, which
provided that clerks of United States district courts should receive
fixed annual salaries; and
(4) Act of May 29, 1920, ch. 214, 41 Stat. 654, which abolished the
offices of assistant treasurers and distributed their functions.
10 USC 7678. Interfering with delivery, custody, or sale of prize
property
TITLE 10 -- ARMED FORCES
Whoever willfully does, or aids or advises in the doing of, any act
relating to the bringing in, custody, preservation, sale, or other
disposition of any property captured as prize, or relating to any
documents or papers connected with the property or to any deposition or
other document or paper connected with the proceedings, with intent to
defraud, delay, or injure the United States or any claimant of that
property, shall be fined not more than $10,000 or imprisoned not more
than five years, or both.
(Aug. 10, 1956, ch. 1041, 70A Stat. 482.)
The words ''captor or'' between ''any'' and ''claimant'' are omitted
because the Act of March 3, 1899, ch. 413, 13, 30 Stat. 1007,
repealed all laws authorizing the distribution of prize proceeds to
captors. These words were apparently carried over inadvertently to 38
of the 1909 Act from the source of that section, namely R.S. 5441.
The section is worded in the style of Title 18, U.S. Code.
10 USC 7679. Powers of district court over prize property
notwithstanding appeal
TITLE 10 -- ARMED FORCES
Notwithstanding an appeal, the district court may make and execute
all necessary orders for the custody and disposal of prize property.
(Aug. 10, 1956, ch. 1041, 70A Stat. 483.)
34 U.S.C. 1147 and this section reflect --
(1) Act of March 3, 1899, ch. 413, 13, 30 Stat. 1007, which
repealed all laws authorizing distribution of prize proceeds to captors;
(2) Acts of March 3, 1911, ch. 231, 128, 36 Stat. 1133, and
February 13, 1925, ch. 229, 1, 43 Stat. 938, which defined the
appellate jurisdiction of the United States circuit courts, and provided
that the Supreme Court should not directly review district court
decisions except in specified cases, not including prize cases; and
(3) Act of June 25, 1948, ch. 646, 62 Stat. 869, which repealed the
Acts of February 13, 1925, and March 3, 1911, supra, but enacted similar
provisions and changed the name of United States Circuit Courts of
Appeals to United States Courts of Appeals for the several circuits.
Reference to the court is omitted from 34 U.S.C. 1147 and from the
revised section in view of the 1948 Act.
10 USC 7680. Appeals and amendments in prize causes
TITLE 10 -- ARMED FORCES
(a) A United States Court of Appeals may allow an appeal in a prize
cause if it appears that a notice of appeal was filed with the clerk of
the district court within thirty days after the final decree in that
cause.
(b) A United States Court of Appeals, if in its opinion justice
requires it, may allow amendments in form or substance of any appeal in
a prize cause.
(Aug. 10, 1956, ch. 1041, 70A Stat. 483.)
34 U.S.C. 1146 and this section reflect --
(1) Acts of March 3, 1911, ch. 231, 128, 36 Stat. 1133, and
February 13, 1925, ch. 229, 1, 43 Stat. 938, which defined the
appellate jurisdiction of the United States Circuit Courts of Appeals;
and
(2) Act of June 25, 1948, ch. 646, 62 Stat. 869, which repealed the
1911 and 1925 Acts, but enacted similar provisions and changed the name
of the circuit courts to United States Courts of Appeals for the several
circuits.
The words ''or of intention to appeal'' are omitted as surplusage.
Formerly ''notices of appeal'' were filed in some courts and ''notices
of intention to appeal'' were filed in others. The difference was in
terminology, not in substance. These notices are now known as ''notices
of appeal''. The words ''next'' and ''the rendition of'' are omitted as
surplusage.
10 USC 7681. Reciprocal privileges to cobelligerent
TITLE 10 -- ARMED FORCES
(a) A cobelligerent of the United States that consents to the
exercise of jurisdiction conferred by section 7652(a) of this title with
respect to any prize of the United States brought into the territorial
waters of the cobelligerent or appropriated for the use of the United
States within those territorial waters shall be given, upon proclamation
by the President of the United States, like privileges with respect to
any prize captured under the authority of that cobelligerent and brought
into the territorial waters of the United States or appropriated for the
use of the cobelligerent within the territorial waters of the United
States.
(b) Reciprocal recognition shall be given to the jurisdiction
acquired by courts of a cobelligerent under this section and full faith
and credit shall be given to all proceedings had or judgments rendered
in the exercise of that jurisdiction.
(Aug. 10, 1956, ch. 1041, 70A Stat. 483.)
The words ''taking or'' before ''appropriation'' and the words
''taken or'' before ''appropriated'' are omitted as surplusage.
The Governments listed below are accorded like privileges with
respect to prizes captured under authority of the said Governments and
brought into the territorial waters of the United States or taken or
appropriated in the territorial waters of the United States for the use
of the said Governments, namely: Australia, Proc. No. 2617, Aug. 16,
1944, 9 F.R. 9969; Canada, Proc. No. 2594, Sept. 27, 1943, 8 F.R.
13217; India, Proc. No. 2601, Dec. 6, 1943, 8 F.R. 16351; New
Zealand, Proc. No. 2582, April 2, 1943, 8 F.R. 4275; United Kingdom,
Proc. No. 2575, Feb. 2, 1944, 8 F.R. 1429.
10 USC CHAPTER 657 -- STAY OF JUDICIAL PROCEEDINGS
TITLE 10 -- ARMED FORCES
Sec.
7721. Scope of chapter.
7722. Stay of suit.
7723. Stay of proceedings for preserving evidence after stay of
suit.
7724. Stay of proceedings for taking evidence before suit is filed.
7725. Stay extended or shortened.
7726. Reconsideration of stay.
7727. Duration of stay.
7728. Restricted certificate.
7729. Investigation before issue of certificate.
7730. Evidence admissible when witness is not available.
10 USC 7721. Scope of chapter
TITLE 10 -- ARMED FORCES
(a) This chapter applies to any suit against the United States under
the Act of March 3, 1925 (commonly referred to as the ''Public Vessels
Act'') (46 U.S.C. 781-790) for --
(1) damage caused by a vessel in the naval service; or
(2) compensation for towage or salvage services, including contract
salvage, rendered to a vessel in the naval service.
(b) In this chapter, the term ''vessel in the naval service'' means
--
(1) any vessel of the Navy, manned by the Navy, or chartered on
bareboat charter to the Navy; or
(2) when the Coast Guard is operating as a service in the Navy, any
vessel of the Coast Guard, manned by the Coast Guard, or chartered on
bareboat charter to the Coast Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 483; Dec. 12, 1980, Pub. L.
96-513, title V, 513(43), 94 Stat. 2935; Apr. 21, 1987, Pub. L.
100-26, 7(k)(10), 101 Stat. 284.)
In subsection (a) the words ''wherein a claim is made'' are omitted
as surplusage. The words ''vessel in the naval service'' are
substituted for the words ''vessel in the Navy, or in the naval
service'' for brevity. No change in meaning results, since the term
used in subsection (a) is defined in subsection (b).
In subsection (b) the words ''service in'' are substituted for the
words ''part of'' to conform to the terminology used in 14 U.S.C. 3.
The Public Vessels Act (46 U.S.C. 781-790), referred to in subsec.
(a), is act Mar. 3, 1925, ch. 428, 43 Stat. 1112, as amended, which
is classified generally to chapter 22 ( 781 et seq.) of Title 46,
Appendix, Shipping. For complete classification of this Act to the
Code, see Short Title note set out under section 781 of Title 46,
Appendix, and Tables.
1987 -- Subsec. (b). Pub. L. 100-26 inserted '', the term'' after
''In this chapter''.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''the Act of March
3, 1925 (commonly referred to as the 'Public Vessels Act') (46 U.S.C.
781-790)'' for ''sections 781-790 of title 46''.
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 7722. Stay of suit
TITLE 10 -- ARMED FORCES
(a) Whenever in time of war the Secretary of the Navy certifies to a
court, or to a judge of a court, in which a suit described in section
7721 of this title is pending, that the prosecution of the suit would
tend to endanger the security of naval operations in the war, or would
tend to interfere with those operations, all further proceedings in the
suit shall be stayed.
(b) A stay under this section does not suspend the issue of process
to take or preserve evidence to be used in the trial or prevent the
completion of action under similar process issued before the stay.
(Aug. 10, 1956, ch. 1041, 70A Stat. 484.)
In subsection (a) the word ''forthwith'' is omitted as surplusage.
In subsection (b) the words ''of proceedings in pending suits as
provided'' are omitted as surplusage. The words ''does not suspend''
are substituted for the words ''shall not operate to suspend''. The
words ''of the issues'' and ''the authority of'' are omitted as
surplusage. The words ''issued before the stay'' are substituted for
the words ''already issued at the time of such stay of suit''.
10 USC 7723. Stay of proceedings for preserving evidence after stay of
suit
TITLE 10 -- ARMED FORCES
If, at the time of certification under section 7722 of this title, or
at any time before the termination of the stay based on the certificate,
the Secretary of the Navy files with the court an additional certificate
to the effect that the issue of any process to preserve evidence or the
completion of action on process previously issued would tend to endanger
the security of the United States or of any of its naval or military
operations in the war, or would tend to interfere with those operations,
then all proceedings for the taking or preserving of evidence to be used
by either party in the trial shall be stayed.
(Aug. 10, 1956, ch. 1041, 70A Stat. 484.)
The word ''stayed'' is substituted for the word ''suspended'' for
uniformity and clarity.
10 USC 7724. Stay of proceedings for taking evidence before suit is
filed
TITLE 10 -- ARMED FORCES
(a) If in time of war, with respect to any claim against the United
States on which a suit described in section 7721 of this title would
lie, the Secretary of the Navy certifies to the court, or to a judge of
the court, in which proceedings are pending for --
(1) the granting of a dedimus potestatem to take depositions;
(2) a direction to take depositions in perpetuam rei memoriam; or
(3) the taking of depositions or production of evidence pursuant to
such dedimus potestatem or direction, or pursuant to any other
proceedings for the purpose;
that the proceedings would tend to endanger the security of the
United States or any of its naval or military operations in the war, or
would tend to interfere with those operations, then the proceedings may
not be started or, if they have been started, they shall, when the
certificate is filed, be stayed.
(b) The time during which a claimant may file suit of the type
described in section 7721 of this title is computed by excluding the
time during which a stay under this section or any extension of such a
stay is in effect.
(Aug. 10, 1956, ch. 1041, 70A Stat. 484.)
In subsection (b) the words ''upon a claim against the United
States'' and ''as to any proceedings by or on behalf of such claimant
for the taking of a deposition or the production of evidence in
connection with or in relation to such claim'' are omitted as
surplusage.
10 USC 7725. Stay extended or shortened
TITLE 10 -- ARMED FORCES
The Secretary of the Navy, when a stay under this chapter is in
effect, may file with the court, or a judge of the court, a certificate
extending or shortening the time stated in the prior certificate. The
filing of such a new certificate extends or shortens the stay to the
period specified in the new certificate or terminates the stay if the
new certificate so states.
(Aug. 10, 1956, ch. 1041, 70A Stat. 484.)
The words ''or suspension'', ''either of prosecution of the suit or
of the taking of testimony'', ''during which the prosecution of such
suit or taking of such deposition or production of evidence would tend
to endanger the security of the United States or of such operations in
time of war, or to interfere therewith'', ''as the case may be'', and
''in relation to which it is made shall continue in effect'' are omitted
as surplusage.
10 USC 7726. Reconsideration of stay
TITLE 10 -- ARMED FORCES
(a) A claimant or party who considers himself adversely affected by a
stay under this chapter may serve a written notice on the Secretary of
the Navy at Washington, D.C., requesting him to reconsider the stay
previously issued and to issue a new certificate. The notice shall
identify the stay by means of an attached copy of the certificate of the
Secretary or a sufficient description of the stay. The notice may not
contain any recital of the facts or circumstances involved.
(b) Within ten days after receiving notice under this section, the
Secretary or his designee shall hold a secret meeting at which the
claimant or party, or his representative, may present any facts and
arguments he thinks material.
(c) Within ten days after a hearing under this section, the Secretary
shall file with the court that ordered the stay a new certificate
stating whether the stay is then to be terminated or for what period the
stay is to continue in effect. If the Secretary fails to file a new
certificate, the court, upon application by the claimant or party, shall
issue an order directing the Secretary to file a new certificate within
a specified time.
(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)
In subsection (a) the words ''then in effect'', ''upon which the stay
is based'', and ''for its identification'' are omitted as surplusage.
In subsection (b) the words ''with respect to whether or not a stay
should be issued or maintained'' are omitted as surplusage. The words
''his designee'' are substituted for the words ''some official
designated by him'' for brevity.
In subsection (c) the words ''that ordered the stay'' are substituted
for the words ''in which said stay is pending or the court in which the
proceeding stayed was instituted'' for brevity and clarity.
10 USC 7727. Duration of stay
TITLE 10 -- ARMED FORCES
A stay of proceedings under this chapter remains in effect for the
period specified in the certificate upon which it was based unless the
Secretary of the Navy issues a new certificate under section 7725 or
7726 of this title changing the termination date. However, a stay under
this chapter may not remain in force longer than six months after the
cessation of hostilities.
(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)
10 USC 7728. Restricted certificate
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may restrict a certificate issued under
this chapter so that it stays only the taking of testimony of certain
witnesses or the production of evidence on certain subjects. The
proceedings not stayed may continue.
(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)
The words ''The Secretary of the Navy may restrict a certificate''
are substituted for the words ''Any certificate * * * by the Secretary
of the Navy * * * may, in his discretion, be restricted.'' The words
''the production of'' are inserted for clarity. The words ''in which
event'' are omitted as surplusage.
10 USC 7729. Investigation before issue of certificate
TITLE 10 -- ARMED FORCES
The Secretary of the Navy may not issue a certificate under this
chapter until he satisfies himself by investigation that it is
necessary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)
10 USC 7730. Evidence admissible when witness is not available
TITLE 10 -- ARMED FORCES
Whenever the court is satisfied by appropriate evidence or by
agreement of counsel that the United States or the claimant is unable
after reasonable efforts to secure the testimony of a witness and --
(1) the United States or the claimant has been prevented by a stay
under this chapter from examining the witness; or
(2) the United States establishes that it has refrained from bringing
a suit or from taking the testimony of the witness in a pending suit to
avoid endangering the security of naval operations or interfering with
such operations;
the court shall receive in evidence in place of the testimony of the
witness --
(1) the affidavit of the witness duly sworn to before a notary public
or other authorized officer; or
(2) the statement or testimony of the witness before a court-martial,
a court of inquiry, or an investigation; but the use of such statement
or testimony does not, in any litigation, make the remainder of the
record admissible or compel the United States to produce the remainder
of the record.
The court shall give such weight to the affidavit, statement, or
testimony as it considers proper under the circumstances.
(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)
The words ''naval'', ''board of investigation'', and ''Coast Guard
investigation'' are omitted as surplusage.
10 USC CHAPTER 659 -- NAVAL MILITIA
TITLE 10 -- ARMED FORCES
Sec.
7851. Composition.
7852. Appointment and enlistment in reserve components.
7853. Release from Militia duty upon order to active duty in reserve
components.
7854. Availability of material for Naval Militia.
10 USC 7851. Composition
TITLE 10 -- ARMED FORCES
The Naval Militia consists of the Naval Militia of the States, the
Territories, and the District of Columbia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 486.)
10 USC 7852. Appointment and enlistment in reserve components
TITLE 10 -- ARMED FORCES
In the discretion of the Secretary of the Navy, any member of the
Naval Militia may be appointed or enlisted in the Naval Reserve or the
Marine Corps Reserve in the grade for which he is qualified.
(Aug. 10, 1956, ch. 1041, 70A Stat. 486.)
This section is written to indicate that the Secretary of the Navy
has discretion in authorizing the appointment or enlistment in the Naval
Reserve of members of the Naval Militia but does not make such
appointments or enlistments. Section 593 of this title, based on 50
U.S.C. 942, 943, provides the manner in which all reserve appointments
are made, and 510 of this title, based on 50 U.S.C. 941, 952, 956
provides the authority to enlist persons in the reserve components. As
worded, this section removes the conflicting statement of appointing
authority, and allows appointments and enlistments to be controlled by
these other provisions. The words ''rank'' and ''or rating'' are
omitted as covered by the word ''grade''.
10 USC 7853. Release from Militia duty upon order to active duty in
reserve components
TITLE 10 -- ARMED FORCES
When ordered to active duty, a member of the Naval Reserve or the
Marine Corps Reserve who is a member of the Naval Militia is relieved
from all service and duty in the Naval Militia from the date of active
duty specified in his orders until he is released from active duty.
(Aug. 10, 1956, ch. 1041, 70A Stat. 486.)
The words ''in the service of the United States'' are omitted as
covered by the definition of ''active duty'' in 101 of this title. The
words ''is relieved'' are substituted for the words ''shall stand
relieved''.
10 USC 7854. Availability of material for Naval Militia
TITLE 10 -- ARMED FORCES
Under regulations prescribed by the Secretary of the Navy, vessels,
material, armament, equipment, and other facilities of the Navy and the
Marine Corps available to the Naval Reserve and the Marine Corps Reserve
may also be made available for issue or loan to any State, any
Territory, or the District of Columbia for the use of its Naval Militia
if --
(1) at least 95 percent of the members of the portion or unit of the
Naval Militia to which the facilities would be made available are
members of the Naval Reserve or the Marine Corps Reserve; and
(2) the organization, administration, and training of the Naval
Militia conform to standards prescribed by the Secretary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 486.)
The words ''are or may be made'', before the word ''available'', are
omitted as surplusage.
In clause (1) the word ''members'' is substituted for the word
''personnel''.
Regulations to carry out this section, see section 280 of this title.
10 USC CHAPTER 661 -- ACCOUNTABILITY AND RESPONSIBILITY
TITLE 10 -- ARMED FORCES
Sec.
7861. Custody of departmental records and property.
7862. Accounts of paymasters of lost or captured naval vessels.
7863. Disbursements by order of commanding officer.
1986 -- Pub. L. 99-433, title V, 514(b)(2), Oct. 1, 1986, 100
Stat. 1054, renumbered items 7861 and 7862 as 7862 and 7863,
respectively, and inserted item 7861.
1982 -- Pub. L. 97-295, 1(51)(D), Oct. 12, 1982, 96 Stat. 1300,
substituted ''naval'' for ''public'' in item 7861.
10 USC 7861. Custody of departmental records and property
TITLE 10 -- ARMED FORCES
The Secretary of the Navy has custody and charge of all books,
records, papers, furniture, fixtures, and other property under the
lawful control of the executive part of the Department of the Navy.
(Added Pub. L. 99-433, title V, 514(b)(2), Oct. 1, 1986, 100 Stat.
1055.)
A prior section 7861 was renumbered section 7862 of this title.
10 USC 7862. Accounts of paymasters of lost or captured naval vessels
TITLE 10 -- ARMED FORCES
When settling the account of a paymaster of a lost or captured naval
vessel, the Comptroller General in settling money accounts, and the
Secretary of the Navy in settling property accounts, shall credit the
account of the paymaster for the amount of provisions, clothing, small
stores, and money for which the paymaster is charged that the
Comptroller General or Secretary believes was lost inevitably because of
the loss or capture. The paymaster is then free of liability for the
provisions, clothing, small stores, and money.
(Added Pub. L. 97-258, 2(b)(12)(B), Sept. 13, 1982, 96 Stat. 1057,
7861; amended Pub. L. 97-295, 1(51)(C), Oct. 12, 1982, 96 Stat. 1300;
renumbered 7862, Pub. L. 99-433, title V, 514(b)(1), Oct. 1, 1986, 100
Stat. 1054.)
A prior section 7862 was renumbered section 7863 of this title.
1982 -- Pub. L. 97-295 substituted ''naval'' for ''public'' in
section catchline.
The word ''naval'' is substituted for ''belonging to the Navy of the
United States'' to eliminate unnecessary words. The words ''Secretary
of the Navy'' are substituted for ''Paymaster General of the Navy''
because of section 1 of the Act of March 29, 1894 (ch. 49, 28 Stat. 47),
and 10:5061. The words ''the account of the paymaster'' are substituted
for ''him'' for clarity. The words ''such portion of the'', ''on their
books'', and ''of a public vessel'' are omitted as surplus. The words
''free of'' are substituted for ''fully exonerated by such credit from
all'' to eliminate unnecessary words. The words ''so proved to have
been captured or lost'' are omitted as surplus.
10 USC 7863. Disbursements by order of commanding officer
TITLE 10 -- ARMED FORCES
When settling an account of a disbursing official, the Comptroller
General shall allow disbursements of public moneys or disposal of public
stores the disbursing official made under an order of a commanding
officer when presented with satisfactory evidence that the order was
made and that the money was paid or the stores disposed of as the order
provided. The commanding officer is accountable for the disbursement or
disposal.
(Added Pub. L. 97-258, 2(b)(12)(B), Sept. 13, 1982, 96 Stat. 1057,
7862; renumbered 7863, Pub. L. 99-433, title V, 514(b)(1), Oct. 1,
1986, 100 Stat. 1054.)
The words ''disbursing official'' are substituted for ''disbursing
officer'' for consistency with other titles of the United States Code.
The words ''Comptroller General'' are substituted for ''General
Accounting Office'' for consistency. The words ''of the Navy'' are
omitted because of the restatement. The words ''when presented with''
are substituted for ''upon'' for clarity. The words ''by whose order
such disbursement or disposal was made'' are omitted as surplus.
10 USC CHAPTER 663 -- NAMES AND INSIGNIA
TITLE 10 -- ARMED FORCES
Sec.
7881. Unauthorized use of Marine Corps insignia.
10 USC 7881. Unauthorized use of Marine Corps insignia
TITLE 10 -- ARMED FORCES
(a) The seal, emblem, and initials of the United States Marine Corps
shall be deemed to be insignia of the United States.
(b) No person may, except with the written permission of the
Secretary of the Navy, use or imitate the seal, emblem, name, or
initials of the United States Marine Corps in connection with any
promotion, goods, services, or commercial activity in a manner
reasonably tending to suggest that such use is approved, endorsed, or
authorized by the Marine Corps or any other component of the Department
of Defense.
(c) Whenever it appears to the Attorney General of the United States
that any person is engaged or is about to engage in an act or practice
which constitutes or will constitute conduct prohibited by subsection
(b), the Attorney General may initiate a civil proceeding in a district
court of the United States to enjoin such act or practice. Such court
may, at any time before final determination, enter such restraining
orders or prohibitions, or take such other action 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. 98-525, title XV, 1532(a)(1), Oct. 19, 1984, 98 Stat.
2631.)
Section 1532(b) of Pub. L. 98-525 provided that: ''The amendments
made by subsection (a) (enacting this chapter) shall not affect rights
that vested before the date of the enactment of this Act (Oct. 19,
1984).''
10 USC Subtitle D -- Air Force
TITLE 10 -- ARMED FORCES
10 USC PART I -- ORGANIZATION
TITLE 10 -- ARMED FORCES
Chap. Sec.
801. lDefinitions. (No present sections.)
803. Department of the Air Force 8011
805. The Air Staff 8031
807. The Air Force 8061
10 USC PART II -- PERSONNEL
TITLE 10 -- ARMED FORCES
831. Strength 8201
833. Enlistments 8251
835. Appointments in the Regular Air Force 8281
837. Appointments as Reserve Officers 8351
839. Temporary Appointments 8441
841. Active Duty 8491
843. Special Appointments, Assignments, Details, and Duties 8531
845. Rank and Command 8571
(847. lRepealed.)
849. Miscellaneous Prohibitions and Penalties 8631
(851. lRepealed.)
853. Miscellaneous Rights and Benefits 8681
855. Hospitalization 8721
857. Decorations and Awards 8741
(859. lRepealed.)
(860. lRepealed.)
861. Separation for Various Reasons 8811
863. Separation or Transfer to Retired Reserve 8841
(865. lRepealed.)
867. Retirement for Length of Service 8911
869. Retired Grade 8961
871. Computation of Retired Pay 8991
873. Civilian Employees 9021
10 USC PART III -- TRAINING
TITLE 10 -- ARMED FORCES
901. Training Generally 9301
903. United States Air Force Academy 9331
(905. lRepealed.)
907. Schools and Camps 9411
909. Civil Air Patrol 9441
10 USC PART IV -- SERVICE, SUPPLY AND PROCUREMENT
TITLE 10 -- ARMED FORCES
931. Industrial Mobilization, Research, and Development 9501
933. Procurement 9531
935. Issue of Serviceable Material to Armed Forces 9561
937. Utilities and Services 9591
939. Sale of Serviceable Material 9621
941. Issue of Serviceable Material other than to Armed Forces 9651
943. Disposal of Obsolete or Surplus Material 9681
945. Inquests; Disposition of Effects of Deceased Persons 9711
947. Transportation 9741
949. Real Property 9771
951. Military Claims 9801
953. Accountability and Responsibility 9831
1987 -- Pub. L. 100-26, 7(j)(10)(B), Apr. 21, 1987, 101 Stat.
283, substituted ''8011'' for ''8010'' in item for chapter 803.
1980 -- Pub. L. 96-513, title V, 504(1), 514(1), Dec. 12, 1980,
94 Stat. 2915, 2935, substituted ''8010'' for ''8011'' in item for
chapter 803 and struck out items for chapters 859 ''Separation from
Regular Air Force for Substandard Performance of Duty'', 860
''Separation from Regular Air Force for Moral or Professional
Dereliction or in Interests of National Security'', and 865 ''Retirement
for Age''.
1968 -- Pub. L. 90-377, 5, July 5, 1968, 82 Stat. 288, struck out
item for chapter 851 ''United States Disciplinary Barracks''.
Pub. L. 90-235, 8(6), Jan. 2, 1968, 81 Stat. 764, struck out item
for chapter 847 ''The Uniform''.
1964 -- Pub. L. 88-647, title III, 301(27), Oct. 13, 1964, 78
Stat. 1073, struck out item for chapter 905 ''Air Force Reserve
Officers' Training Corps''.
1960 -- Pub. L. 86-616, 7(b), 8(b), July 12, 1960, 74 Stat. 393,
395, substituted ''Substandard Performance of Duty'' for ''Failure to
Meet Standards'' in item for chapter 859 and added item for chapter 860.
1958 -- Pub. L. 85-861, 1(193), Sept. 2, 1958, 72 Stat. 1538,
substituted ''8841'' for ''(No present sections)'' in item for chapter
863.
10 USC PART I -- ORGANIZATION
TITLE 10 -- ARMED FORCES
Chap. Sec.
801.
lDefinitions. (No present sections.)
803.
Department of the Air Force 8011
805.
The Air Staff 8031
807.
The Air Force 8061
1987 -- Pub. L. 100-26, 7(j)(10)(B), Apr. 21, 1987, 101 Stat.
283, substituted ''8011'' for ''8010'' in item for chapter 803.
1980 -- Pub. L. 96-513, title V, 514(1), Dec. 12, 1980, 94 Stat.
2935, substituted ''8010'' for ''8011'' in item for chapter 803.
10 USC CHAPTER 801 -- DEFINITIONS
TITLE 10 -- ARMED FORCES
10 USC CHAPTER 803 -- DEPARTMENT OF THE AIR FORCE
TITLE 10 -- ARMED FORCES
Sec.
8011. Organization.
8012. Department of the Air Force: seal.
8013. Secretary of the Air Force.
8014. Office of the Secretary of the Air Force.
8015. Under Secretary of the Air Force.
8016. Assistant Secretaries of the Air Force.
8017. Secretary of the Air Force: successors to duties.
8018. Administrative Assistant.
8019. General Counsel.
8020. Inspector General.
8021. Air Force Reserve Forces Policy Committee.
8022. Financial management.
1988 -- Pub. L. 100-456, div. A, title VII, 702(c)(3), Sept. 29,
1988, 102 Stat. 1996, added item 8022.
1986 -- Pub. L. 99-433, title V, 521(b), Oct. 1, 1986, 100 Stat.
1060, amended analysis generally, substituting items 8011 to 8021 for
former items 8010 to 8019.
1967 -- Pub. L. 90-168, 2(20), Dec. 1, 1967, 81 Stat. 525, added
item 8019.
1964 -- Pub. L. 88-426, title III, 305(40)(B), 306(j)(8), Aug.
14, 1964, 78 Stat. 427, 432, struck out ''; compensation'' from item
8012, and struck out item 8018 ''Compensation of General Counsel''.
1962 -- Pub. L. 87-651, title II, 213(b), Sept. 7, 1962, 76 Stat.
524, added item 8010.
1958 -- Pub. L. 85-861, 1(154)(B), Sept. 2, 1958, 72 Stat. 1513,
added item 8018.
10 USC ( 8010. Renumbered 8011)
TITLE 10 -- ARMED FORCES
10 USC 8011. Organization
TITLE 10 -- ARMED FORCES
The Department of the Air Force is separately organized under the
Secretary of the Air Force. It operates under the authority, direction,
and control of the Secretary of Defense.
(Added Pub. L. 87-651, title II, 213(a), Sept. 7, 1962, 76 Stat.
524, 8010; renumbered 8011, Pub. L. 99-433, title V, 521(a)(1), Oct.
1, 1986, 100 Stat. 1055.)
The word ''operates'' is substituted for the words ''shall
function''.
A prior section 8011 was renumbered section 8012 of this title.
10 USC 8012. Department of the Air Force: seal
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force shall have a seal for the Department
of the Air Force. The design of the seal must be approved by the
President. Judicial notice shall be taken of the seal.
(Aug. 10, 1956, ch. 1041, 70A Stat. 488, 8011; renumbered 8012,
Oct. 1, 1986, Pub. L. 99-433, title V, 521(a)(1), 100 Stat. 1055.)
The words ''of office'' are omitted as surplusage. The words ''a
design'' are substituted for the words ''such device''.
A prior section 8012 was renumbered section 8013 of this title and
repealed.
Ex. Ord. No. 9902, Nov. 1, 1947, 12 F.R. 7153, provided:
WHEREAS section 207(g) of the National Security Act of 1947, approved
July 26, 1947 (Public Law 253, 80th Congress 1st Session) provides, in
part, that the Secretary of the Air Force shall cause a seal of office
to be made for the Department of the Air Force of such device as the
President shall approve; and
WHEREAS the Secretary of the Air Force has caused to be made and has
recommended that I approve a seal the design of which accompanies and is
hereby made a part of this order, and which is described in heraldic
terms as follows:
SHIELD: Per fess nebuly abased azure and argent, in chief a
thunderbolt or inflamed proper.
CREST: On a wreath argent and azure an American bald eagle, wings
displayed and partially elevated proper in front of a cloud argent.
Encircling the shield and crest an arc of thirteen stars and below
the shield the inscription ''MCMXLVII''.
On a band encircling the whole the inscriptions ''Department of the
Air Force'' and ''United States of America.''
When illustrating the seal in color the background shall be
ultramarine blue, the shield a light blue and white, and the thunderbolt
in gold with flames in natural color. The twists of the wreath shall be
alternated white and blue, and the eagle shall be in natural color in
front of a white cloud. The thirteen stars shall be white, and the
Roman numerals shall be gold. The encircling band shall be white edged
in gold with black letters.
AND WHEREAS it appears that such seal is of suitable design and is
appropriate for establishment as the official seal of the Department of
the Air Force:
NOW, THEREFORE, by virtue of and pursuant to the authority vested in
me by the said section 207(g) of the National Security Act of 1947, I
hereby approve such seal as the official seal of the Department of the
Air Force.
Harry S. Truman.
10 USC 8013. Secretary of the Air Force
TITLE 10 -- ARMED FORCES
(a)(1) There is a Secretary of the Air Force, appointed from civilian
life by the President, by and with the advice and consent of the Senate.
The Secretary is the head of the Department of the Air Force.
(2) A person may not be appointed as Secretary of the Air Force
within five years after relief from active duty as a commissioned
officer of a regular component of an armed force.
(b) Subject to the authority, direction, and control of the Secretary
of Defense and subject to the provisions of chapter 6 of this title, the
Secretary of the Air Force is responsible for, and has the authority
necessary to conduct, all affairs of the Department of the Air Force,
including the following functions:
(1) Recruiting.
(2) Organizing.
(3) Supplying.
(4) Equipping (including research and development).
(5) Training.
(6) Servicing.
(7) Mobilizing.
(8) Demobilizing.
(9) Administering (including the morale and welfare of personnel).
(10) Maintaining.
(11) The construction, outfitting, and repair of military equipment.
(12) The construction, maintenance, and repair of buildings,
structures, and utilities and the acquisition of real property and
interests in real property necessary to carry out the responsibilities
specified in this section.
(c) Subject to the authority, direction, and control of the Secretary
of Defense, the Secretary of the Air Force is also responsible to the
Secretary of Defense for --
(1) the functioning and efficiency of the Department of the Air
Force;
(2) the formulation of policies and programs by the Department of the
Air Force that are fully consistent with national security objectives
and policies established by the President or the Secretary of Defense;
(3) the effective and timely implementation of policy, program, and
budget decisions and instructions of the President or the Secretary of
Defense relating to the functions of the Department of the Air Force;
(4) carrying out the functions of the Department of the Air Force so
as to fulfill (to the maximum extent practicable) the current and future
operational requirements of the unified and specified combatant
commands;
(5) effective cooperation and coordination between the Department of
the Air Force and the other military departments and agencies of the
Department of Defense to provide for more effective, efficient, and
economical administration and to eliminate duplication;
(6) the presentation and justification of the positions of the
Department of the Air Force on the plans, programs, and policies of the
Department of Defense; and
(7) the effective supervision and control of the intelligence
activities of the Department of the Air Force.
(d) The Secretary of the Air Force is also responsible for such other
activities as may be prescribed by law or by the President or Secretary
of Defense.
(e) After first informing the Secretary of Defense, the Secretary of
the Air Force may make such recommendations to Congress relating to the
Department of Defense as he considers appropriate.
(f) The Secretary of the Air Force may assign such of his functions,
powers, and duties as he considers appropriate to the Under Secretary of
the Air Force and to the Assistant Secretaries of the Air Force.
Officers of the Air Force shall, as directed by the Secretary, report on
any matter to the Secretary, the Under Secretary, or any Assistant
Secretary.
(g) The Secretary of the Air Force may --
(1) assign, detail, and prescribe the duties of members of the Air
Force and civilian personnel of the Department of the Air Force;
(2) change the title of any officer or activity of the Department of
the Air Force not prescribed by law; and
(3) prescribe regulations to carry out his functions, powers, and
duties under this title.
(Added Pub. L. 99-433, title V, 521(a)(3), Oct. 1, 1986, 100 Stat.
1055; amended Pub. L. 99-661, div. A, title V, 534, Nov. 14, 1986, 100
Stat. 3873.)
A prior section 8013, acts Aug. 10, 1956, ch. 1041, 70A Stat. 488,
8012; Sept. 2, 1958, Pub. L. 85-861, 1(152), 72 Stat. 1513; Sept.
7, 1962, Pub. L. 87-651, title II, 211, 76 Stat. 524; Aug. 14,
1964, Pub. L. 88-426, title III, 305(7), 306(j)(7), 78 Stat. 423,
432; renumbered 8013, Oct. 1, 1986, Pub. L. 99-433, title V,
521(a)(1), 100 Stat. 1055, which related to the Secretary of the Air
Force, powers and duties, and delegations, was repealed by Pub. L.
99-433, title V, 521(a)(3), Oct. 1, 1986, 100 Stat. 1055.
Another prior section 8013 was renumbered section 8014 of this title
and repealed.
1986 -- Subsec. (a)(2). Pub. L. 99-661 substituted ''five years''
for ''10 years''.
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.
Armed Forces Policy Council, member of, see section 171 of this
title.
Chief of Staff, duties, see section 8033 of this title.
Compensation of Secretary, see section 5313 of Title 5, Government
Organization and Employees.
Courts-martial, authority to convene, see sections 822 to 824 of this
title.
Establishment of advisory committees and panels for research and
development activities, see section 174 of this title.
10 USC 8014. Office of the Secretary of the Air Force
TITLE 10 -- ARMED FORCES
(a) There is in the Department of the Air Force an Office of the
Secretary of the Air Force. The function of the Office is to assist the
Secretary of the Air Force in carrying out his responsibilities.
(b) The Office of the Secretary of the Air Force is composed of the
following:
(1) The Under Secretary of the Air Force.
(2) The Assistant Secretaries of the Air Force.
(3) The General Counsel of the Department of the Air Force.
(4) The Inspector General of the Air Force.
(5) The Air Reserve Forces Policy Committee.
(6) Such other offices and officials as may be established by law or
as the Secretary of the Air Force may establish or designate.
(c)(1) The Office of the Secretary of the Air Force shall have sole
responsibility within the Office of the Secretary and the Air Staff for
the following functions:
(A) Acquisition.
(B) Auditing.
(C) Comptroller (including financial management).
(D) Information management.
(E) Inspector General.
(F) Legislative affairs.
(G) Public affairs.
(2) The Secretary of the Air Force shall establish or designate a
single office or other entity within the Office of the Secretary of the
Air Force to conduct each function specified in paragraph (1). No
office or other entity may be established or designated within the Air
Staff to conduct any of the functions specified in paragraph (1).
(3) The Secretary shall prescribe the relationship of each office or
other entity established or designated under paragraph (2) to the Chief
of Staff and to the Air Staff and shall ensure that each such office or
entity provides the Chief of Staff such staff support as the Chief of
Staff considers necessary to perform his duties and responsibilities.
(4) The vesting in the Office of the Secretary of the Air Force of
the responsibility for the conduct of a function specified in paragraph
(1) does not preclude other elements of the executive part of the
Department of the Air Force (including the Air Staff) from providing
advice or assistance to the Chief of Staff or otherwise participating in
that function within the executive part of the Department under the
direction of the office assigned responsibility for that function in the
Office of the Secretary of the Air Force.
(5) The head of the office or other entity established or designated
by the Secretary to conduct the auditing function shall have at least
five years of professional experience in accounting or auditing. The
position shall be considered to be a career reserved position as defined
in section 3132(a)(8) of title 5.
(d)(1) Subject to paragraph (2), the Office of the Secretary of the
Air Force shall have sole responsibility within the Office of the
Secretary and the Air Staff for the function of research and
development.
(2) The Secretary of the Air Force may assign to the Air Staff
responsibility for those aspects of the function of research and
development that relate to military requirements and test and
evaluation.
(3) The Secretary shall establish or designate a single office or
other entity within the Office of the Secretary of the Air Force to
conduct the function specified in paragraph (1).
(4) The Secretary shall prescribe the relationship of the office or
other entity established or designated under paragraph (3) to the Chief
of Staff of the Air Force and to the Air Staff and shall ensure that
each such office or entity provides the Chief of Staff such staff
support as the Chief of Staff considers necessary to perform his duties
and responsibilities.
(e) The Secretary of the Air Force shall ensure that the Office of
the Secretary of the Air Force and the Air Staff do not duplicate
specific functions for which the Secretary has assigned responsibility
to the other.
(f)(1) The total number of members of the armed forces and civilian
employees of the Department of the Air Force assigned or detailed to
permanent duty in the Office of the Secretary of the Air Force and on
the Air Staff may not exceed 2,639.
(2) Not more than 1,585 officers of the Air Force on the active-duty
list may be assigned or detailed to permanent duty in the Office of the
Secretary of the Air Force and on the Air Staff.
(3) The total number of general officers assigned or detailed to
permanent duty in the Office of the Secretary of the Air Force and on
the Air Staff may not exceed the number equal to 85 percent of the
number of general officers assigned or detailed to such duty on the date
of the enactment of this subsection.
(4) The limitations in paragraphs (1), (2), and (3) do not apply in
time of war or during a national emergency declared by the President or
Congress. The limitation in paragraph (2) does not apply whenever the
President determines that it is in the national interest to increase the
number of officers assigned or detailed to permanent duty in the Office
of the Secretary of the Air Force or on the Air Staff.
(Added Pub. L. 99-433, title V, 521(a)(3), Oct. 1, 1986, 100 Stat.
1057; amended Pub. L. 100-180, div. A, title XIII, 1314(b)(7), Dec. 4,
1987, 101 Stat. 1175; Pub. L. 100-456, div. A, title III, 325(c),
Sept. 29, 1988, 102 Stat. 1955; Pub. L. 101-189, div. A, title VI,
652(a)(4), Nov. 29, 1989, 103 Stat. 1461.)
The date of the enactment of this subsection, referred to in subsec.
(f)(3), is the date of enactment of Pub. L. 99-433, which was approved
Oct. 1, 1986.
A prior section 8014, acts Aug. 10, 1956, ch. 1041, 70A Stat. 489,
8013; Aug. 6, 1958, Pub. L. 85-599, 8(c), 72 Stat. 520; Sept. 2,
1958, Pub. L. 85-861, 1(153), 72 Stat. 1513; Aug. 14, 1964, Pub. L.
88-426, title III, 305(8), 78 Stat. 423; Dec. 1, 1967, Pub. L.
90-168, 2(15), 81 Stat. 523; Nov. 9, 1979, Pub. L. 96-107, title
VIII, 820(d), 93 Stat. 819; renumbered 8014, Oct. 1, 1986, Pub. L.
99-433, title V, 521(a)(1), 100 Stat. 1055, which related to the Under
Secretary and Assistant Secretaries of the Air Force, appointment, and
duties, was repealed by Pub. L. 99-433, title V, 521(a)(3), Oct. 1,
1986, 100 Stat. 1055.
Another prior section 8014 was renumbered section 8015 of this title
and repealed.
1989 -- Subsec. (f)(5). Pub. L. 101-189 struck out par. (5) which
read as follows: ''The limitations in paragraphs (1), (2), and (3) do
not apply before October 1, 1988.''
1988 -- Subsec. (c)(5). Pub. L. 100-456 added par. (5).
1987 -- Subsec. (f)(4). Pub. L. 100-180 inserted ''the President
or'' after ''declared by''.
Requirements of subsec. (c)(5) of this section applicable with
respect to any person appointed on or after Sept. 29, 1988, as head of
office or other entity designated for conducting auditing function in a
military department, see section 325(d)(1) of Pub. L. 100-456, set out
as a note under section 5014 of this title.
Subsecs. (c) and (d) of this section to be implemented not later than
180 days after Oct. 1, 1986, see section 532(a) of Pub. L. 99-433,
set out as a note under section 3014 of this title.
10 USC 8015. Under Secretary of the Air Force
TITLE 10 -- ARMED FORCES
(a) There is an Under Secretary of the Air Force, 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 the Air Force may prescribe.
(Added Pub. L. 99-433, title V, 521(a)(3), Oct. 1, 1986, 100 Stat.
1058.)
Provisions similar to this section were contained in section 8013 of
this title prior to enactment of Pub. L. 99-433.
A prior section 8015, acts Aug. 10, 1956, ch. 1041, 70A Stat. 489,
8014; renumbered 8015, Oct. 1, 1986, Pub. L. 99-433, title V,
521(a)(1), 100 Stat. 1055, which related to the Comptroller and Deputy
Comptroller of the Air Force, powers and duties, and appointment, was
repealed by Pub. L. 99-433, title V, 521(a)(3), Oct. 1, 1986, 100
Stat. 1055.
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 Under Secretary, see section 5315 of Title 5,
Government Organization and Employees.
10 USC 8016. Assistant Secretaries of the Air Force
TITLE 10 -- ARMED FORCES
(a) There are four Assistant Secretaries of the Air Force. They
shall be 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 the Air Force may prescribe.
(2) One of the Assistant Secretaries shall be the Assistant Secretary
of the Air Force for Manpower and Reserve Affairs. He shall have as his
principal duty the overall supervision of manpower and reserve component
affairs of the Department of the Air Force.
(3) One of the Assistant Secretaries shall be the Assistant Secretary
of the Air Force for Financial Management. The Assistant Secretary
shall have as his principal responsibility the exercise of the
comptroller functions of the Department of the Air Force, including
financial management functions. The Assistant Secretary shall be
responsible for all financial management activities and operations of
the Department of the Air Force and shall advise the Secretary of the
Air Force on financial management.
(Added Pub. L. 99-433, title V, 521(a)(3), Oct. 1, 1986, 100 Stat.
1058; amended Pub. L. 100-456, div. A, title VII, 702(c)((1)), (d),
Sept. 29, 1988, 102 Stat. 1995, 1996.)
Provisions similar to this section were contained in section 3013 of
this title prior to enactment of Pub. L. 99-433.
1988 -- Subsec. (a). Pub. L. 100-456, 702(d), substituted ''four''
for ''three''.
Subsec. (b)(3). Pub. L. 100-456, 702(c)((1)), added par. (3).
Section 702(e)(2) of Pub. L. 100-456 provided that: ''The
amendments made by subsections (c) and (d) (enacting section 8022 of
this title and amending this section) shall take effect on July 1, 1989,
except that such amendments shall take effect on such earlier date, but
not before January 21, 1989, as may be prescribed by the President in
advance by Executive order.''
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 Assistant Secretaries, see section 5315 of Title 5,
Government Organization and Employees.
10 USC 8017. Secretary of the Air Force: successors to duties
TITLE 10 -- ARMED FORCES
If the Secretary of the Air Force dies, resigns, is removed from
office, is absent, or is disabled, the person who is highest on the
following list, and who is not absent or disabled, shall perform the
duties of the Secretary until the President, under section 3347 of title
5, directs another person to perform those duties or until the absence
or disability ceases:
(1) The Under Secretary of the Air Force.
(2) The Assistant Secretaries of the Air Force, in the order
prescribed by the Secretary of the Air Force and approved by the
Secretary of Defense.
(3) The Chief of Staff.
(Aug. 10, 1956, ch. 1041, 70A Stat. 489; Nov. 2, 1966, Pub. L.
89-718, 23, 80 Stat. 1118; Jan. 2, 1968, Pub. L. 90-235, 4(a)(9), 81
Stat. 760; Oct. 1, 1986, Pub. L. 99-433, title V, 521(a)(4), 100 Stat.
1058.)
In subsection (a), the word ''person'' is substituted for the words
''officer of the United States''. The words ''until a successor is
appointed'' are omitted as surplusage.
Subsection (b) is substituted for 5:626-1(c) and states the effect of
section 8544(b) of this title.
1986 -- Pub. L. 99-433 struck out subsec. (a) designation,
substituted in par. (2) '', in the order prescribed by the Secretary of
the Air Force and approved by the Secretary of Defense'' for ''in order
of their length of service as such'', and struck out subsec. (b) which
read as follows: ''Performance of the duties of the Secretary by the
Chief of Staff or any officer of the Air Force designated under section
3347 of title 5 shall not be considered as the holding of a civil office
within the meaning of section 973(b) of this title.''
1968 -- Subsec. (b). Pub. L. 90-235 substituted ''section 973(b) of
this title'' for ''section 8544(b) of this title''.
1966 -- Pub. L. 89-718 substituted ''section 3347 of title 5'' for
''section 6 of title 5'' wherever appearing.
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 8018. Administrative Assistant
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may appoint an Administrative
Assistant in the Office of the Secretary of the Air Force. The
Administrative Assistant shall perform such duties as the Secretary may
prescribe.
(Added Pub. L. 99-433, title V, 521(a)(5), Oct. 1, 1986, 100 Stat.
1059.)
A prior section 8018, added Pub. L. 85-861, 1(154)(A), Sept. 2,
1958, 72 Stat. 1513, which prescribed the compensation of the General
Counsel of the Department of the Air Force, was repealed by Pub. L.
88-426, title III, 305(40)(A), Aug. 14, 1964, 78 Stat. 427, eff.
first day of first pay period beginning on or after July 1, 1964. See
section 5316 of Title 5, Government Organization and Employees.
10 USC 8019. General Counsel
TITLE 10 -- ARMED FORCES
(a) There is a General Counsel of the Department of the Air Force,
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
(b) The General Counsel shall perform such functions as the Secretary
of the Air Force may prescribe.
(Added Pub. L. 99-433, title V, 521(a)(5), Oct. 1, 1986, 100 Stat.
1059; amended Pub. L. 100-456, div. A, title VII, 703(a), Sept. 29,
1988, 102 Stat. 1996.)
A prior section 8019 was renumbered section 8038 of this title.
1988 -- Subsec. (a). Pub. L. 100-456 inserted '', by and with the
advice and consent of the Senate'' before period at end.
Amendment by Pub. L. 100-456 applicable to appointments made under
this section on and after Sept. 29, 1988, see section 703(c) of Pub.
L. 100-456, set out as a note under section 3019 of this title.
Compensation of General Counsel of Department of the Air Force, see
section 5316 of Title 5, Government Organization and Employees.
10 USC 8020. Inspector General
TITLE 10 -- ARMED FORCES
(a) There is an Inspector General of the Air Force who shall be
detailed to such position by the Secretary of the Air Force from the
general officers of the Air Force. An officer may not be detailed to
such position for a tour of duty of more than four years, except that
the Secretary may extend such a tour of duty if he makes a special
finding that the extension is necessary in the public interest.
(b) When directed by the Secretary or the Chief of Staff, the
Inspector General shall --
(1) inquire into and report upon the discipline, efficiency, and
economy of the Air Force; and
(2) perform any other duties prescribed by the Secretary or the Chief
of Staff.
(c) The Inspector General shall periodically propose programs of
inspections to the Secretary of the Air Force and shall recommend
additional inspections and investigations as may appear appropriate.
(d) The Inspector General shall cooperate fully with the Inspector
General of the Department of Defense in connection with the performance
of any duty or function by the Inspector General of the Department of
Defense under the Inspector General Act of 1978 (5 U.S.C. App. 3)
regarding the Department of the Air Force.
(e) The Inspector General shall have such deputies and assistants as
the Secretary of the Air Force may prescribe. Each such deputy and
assistant shall be an officer detailed by the Secretary to that position
from the officers of the Air Force for a tour of duty of not more than
four years, under a procedure prescribed by the Secretary.
(Added Pub. L. 99-433, title V, 521(a)(5), Oct. 1, 1986, 100 Stat.
1059.)
The Inspector General Act of 1978, referred to in subsec. (d), 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.
Inspector General --
Army, see section 3020 of this title.
Navy, see section 5020 of this title.
10 USC 8021. Air Force Reserve Forces Policy Committee
TITLE 10 -- ARMED FORCES
(a) There is in the Office of the Secretary of the Air Force an Air
Reserve Forces Policy Committee on Air National Guard and Air Force
Reserve Policy. The Committee shall review and comment upon major
policy matters directly affecting the reserve components and the
mobilization preparedness of the Air Force. The Committee's comments on
such policy matters shall accompany the final report regarding any such
matters submitted to the Secretary of the Air Force and the Chief of
Staff.
(b) The committee consists of officers in the grade of colonel or
above, as follows:
(1) five members of the Regular Air Force on duty with the Air Staff;
(2) five members of the Air National Guard of the United States not
on active duty; and
(3) five members of the Air Force Reserve not on active duty.
(c) The members of the Committee shall select the Chairman from among
the members on the Committee not on active duty.
(d) A majority of the members of the Committee shall act whenever
matters affecting both the Air National Guard of the United States and
Air Force Reserve are being considered. However, when any matter solely
affecting one of the Air Force Reserve components is being considered,
it shall be acted upon only by the Subcommittee on Air National Guard
Policy or the Subcommittee on Air Force Reserve Policy, as appropriate.
(e) The Subcommittee on Air National Guard Policy consists of the
members of the Committee other than the Air Force Reserve members.
(f) The Subcommittee on Air Force Reserve Policy consists of the
members of the Committee other than the Air National Guard members.
(g) Membership on the Air Staff Committee is determined by the
Secretary of the Air Force and is for a minimum period of three years.
Except in the case of members of the Committee from the Regular Air
Force, the Secretary of the Air Force, when appointing new members,
shall insure that among the officers of each component on the Committee
there will at all times be two or more members with more than one year
of continuous service on the Committee.
(h) There shall be not less than 10 officers of the Air National
Guard of the United States and the Air Force Reserve on duty with the
Air Staff, one-half of whom shall be from each of those components.
These officers shall be considered as additional members of the Air
Staff while on that duty.
(Aug. 10, 1956, ch. 1041, 70A Stat. 491, 8033; Sept. 2, 1958, Pub.
L. 85-861, 33(a)(17), 72 Stat. 1565; Dec. 1, 1967, Pub. L. 90-168,
2(21), 81 Stat. 525; renumbered 8021 and amended Pub. L. 99-433,
title V, 521(a)(6), Oct. 1, 1986, 100 Stat. 1059.)
In subsection (a), the words ''the following subjects'' are inserted
for clarity.
In subsections (a) and (c), the words ''of officers'', after the word
''committee'', are inserted for clarity. The words ''and of'' are
substituted for the words ''to which shall be added''.
In subsection (e), the words ''For the purpose specified herein'' are
omitted as surplusage. The words ''on that duty'' are substituted for
the words ''so serving''.
In subsection (g), the word ''perform'' is substituted for the words
''be charged with''. All of 5:626(f) except the first proviso of the
first sentence is omitted as executed. The words ''Territories, Puerto
Rico, the Canal Zone, and the District of Columbia'' are inserted to
conform to other sections of this title which, in describing the
National Guard, also include these jurisdictions.
The change is necessary to make subsection (d) coextensive with
subsection (c), to which it was a proviso in the source law, the Act of
June 3, 1916, chapter 134, section 5 (1st sentence of 2d par.) (formerly
10 U.S.C. 38 (1st sentence of 2d par.)).
1986 -- Pub. L. 99-433, 521(a)(6)(C), renumbered section 8033 of
this title as this section, and substituted ''Air Force Reserve Forces
Policy Committee'' for ''Reserve components of Air Force; policies and
regulations for government of: functions of National Guard Bureau with
respect to Air National Guard'' in section catchline.
Subsec. (a). Pub. L. 99-433, 521(a)(6)(A), substituted ''Policy.
The Committee'' for ''Policy which'', inserted ''and the mobilization
preparedness'', and substituted ''Air Force. The'' for ''Air Force and
the'' and ''Secretary of the Air Force and the Chief of Staff'' for
''Chief of Staff, and the Assistant Secretary responsible for reserve
affairs''.
Subsec. (b)(2). Pub. L. 99-433, 521(a)(6)(B), inserted ''and'' after
the semicolon.
1967 -- Pub. L. 90-168 amended section generally, and among other
changes, redesignated subsec. (e) as (h) and increased from seven to
eight the number of subsecs. in the section and in such subsecs.
(a)-(h) restated with certain changes the existing authority relating to
the Staff Committee on Air Force Reserve Policy within the Office of the
Secretary of the Air Force, reduced the membership of the Committee from
21 to 15, reduced the grade requirements so as to permit inclusion of
colonels, and provided that the Committee review and comment on all
major policies affecting Air Force Reserve matters and that the
Committee comments accompany any final submission to the Chief of Staff
and Assistant Secretary responsible for Reserve matters.
1958 -- Subsec. (d). Pub. L. 85-861 substituted ''affecting the
organization, distribution, training, appointment, assignment,
promotion, or discharge of members of the Air Force Reserve and those of
either'' for ''affecting the Air Force Reserve and either''.
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.
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.
Air National Guard, see section 101 et seq. of Title 32, National
Guard.
Reserve Forces Policy Board, designation of two officers of Air
National Guard of the United States and two Air Force Reserve officers
as members, see section 175 of this title.
10 USC 8022. Financial management
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force shall provide that the Assistant
Secretary of the Air Force for Financial Management shall direct and
manage financial management activities and operations of the Department
of the Air Force, including ensuring that financial management systems
of the Department of the Air Force comply with subsection (b). The
authority of the Assistant Secretary for such direction and management
shall include the authority to --
(1) supervise and direct the preparation of budget estimates of the
Department of the Air Force and otherwise carry out, with respect to the
Department of the Air Force, the functions specified for the Comptroller
of the Department of Defense in section 137(c) of this title;
(2) approve and supervise any project to design or enhance a
financial management system for the Department of the Air Force; and
(3) approve the establishment and supervise the operation of any
asset management system of the Department of the Air Force, including --
(A) systems for cash management, credit management, and debt
collection; and
(B) systems for the accounting for the quantity, location, and cost
of property and inventory.
(b)(1) Financial management systems of the Department of the Air
Force (including accounting systems, internal control systems, and
financial reporting systems) shall be established and maintained in
conformance with --
(A) the accounting and financial reporting principles, standards, and
requirements established by the Comptroller General under section 3511
of title 31; and
(B) the internal control standards established by the Comptroller
General under section 3512 of title 31.
(2) Such systems shall provide for --
(A) complete, reliable, consistent, and timely information which is
prepared on a uniform basis and which is responsive to the financial
information needs of department management;
(B) the development and reporting of cost information;
(C) the integration of accounting and budgeting information; and
(D) the systematic measurement of performance.
(c) The Assistant Secretary shall maintain a five-year plan
describing the activities the Department of the Air Force proposes to
conduct over the next five fiscal years to improve financial management.
Such plan shall be revised annually.
(d) The Assistant Secretary of the Air Force for Financial Management
shall transmit to the Secretary of the Air Force a report each year on
the activities of the Assistant Secretary during the preceding year.
Each such report shall include a description and analysis of the status
of Department of the Air Force financial management.
(Added Pub. L. 100-456, div. A, title VII, 702(c)(2), Sept. 29,
1988, 102 Stat. 1995.)
Section effective July 1, 1989, but with an earlier effective date,
not before Jan. 21, 1989, if so prescribed by the President in advance
by Executive order, see section 702(e)(2) of Pub. L. 100-456, set out
as an Effective Date of 1988 Amendment note under section 8016 of this
title.
10 USC CHAPTER 805 -- THE AIR STAFF
TITLE 10 -- ARMED FORCES
Sec.
8031. The Air Staff: function; composition.
8032. The Air Staff: general duties.
8033. Chief of Staff.
8034. Vice Chief of Staff.
8035. Deputy Chiefs of Staff and Assistant Chiefs of Staff.
8036. Surgeon General: appointment; grade.
8037. Judge Advocate General, Deputy Judge Advocate General:
appointment; duties.
8038. Office of Air Force Reserve: appointment of Chief.
1986 -- Pub. L. 99-433, title V, 522(g)(1), Oct. 1, 1986, 100
Stat. 1063, amended analysis generally, substituting items 8031 to 8038
for former items 8031 to 8036.
1965 -- Pub. L. 89-288, 5(b), Oct. 22, 1965, 79 Stat. 1050, added
item 8036.
10 USC 8031. The Air Staff: function; composition
TITLE 10 -- ARMED FORCES
(a) There is in the executive part of the Department of the Air Force
an Air Staff. The function of the Air Staff is to assist the Secretary
of the Air Force in carrying out his responsibilities.
(b) The Air Staff is composed of the following:
(1) The Chief of Staff.
(2) The Vice Chief of Staff.
(3) The Deputy Chiefs of Staff.
(4) The Assistant Chiefs of Staff.
(5) The Surgeon General of the Air Force.
(6) The Judge Advocate General of the Air Force.
(7) The Chief of the Air Force Reserve.
(8) Other members of the Air Force assigned or detailed to the Air
Staff.
(9) Civilian employees in the Department of the Air Force assigned or
detailed to the Air Staff.
(c) Except as otherwise specifically prescribed by law, the Air Staff
shall be organized in such manner, and its members shall perform such
duties and have such titles, as the Secretary may prescribe.
(Aug. 10, 1956, ch. 1041, 70A Stat. 490; Nov. 2, 1966, Pub. L.
89-718, 45, 80 Stat. 1121; Jan. 2, 1975, Pub. L. 93-608, 1(5), 88
Stat. 1968; Oct. 19, 1984, Pub. L. 98-525, title V, 515, 98 Stat.
2522; Oct. 1, 1986, Pub. L. 99-433, title V, 522(a), 100 Stat.
In subsection (a), the words ''an Air Staff consisting of -- '' are
substituted for the words ''a staff, which shall be known as the Air
Staff, and which shall consist of -- ''. The words ''under regulations
prescribed by the Secretary of the Air Force'' are omitted, since the
Secretary has inherent authority to issue regulations appropriate to
exercising his statutory functions.
In subsection (b), 10:1811(b) (proviso) is omitted as superseded by
section 264(c) of this title.
In subsection (c), the third sentence is substituted for 10:1811(c)
(1st 13 words and 1st proviso). The words ''officers and employees * *
* or under the jurisdiction of'' are omitted as surplusage.
In subsections (c) and (d), the word ''hereafter'' is omitted, since
all wars and emergencies declared by Congress before September 19, 1951,
have been terminated.
In subsection (d), the words ''now or hereafter'' are omitted as
surplusage and as executed. The second sentence is substituted for
10:1811(d) (last 31 words of 1st sentence). The third sentence is
substituted for 10:1811(d) (2d sentence). 10:1811(d) (1st 13 words of
last sentence) is omitted as executed. The words ''This subsection does
not apply'' are substituted for the words ''and shall be inapplicable''.
1986 -- Pub. L. 99-433 amended section generally, substituting ''The
Air Staff: function; composition'' for ''Composition: assignment and
detail of members of Air Force and civilians'' in section catchline and
substituting in text provisions relating to establishment and
composition of the Air Staff and authorizing the Secretary to prescribe
the organization, duties, and titles of the Air Staff for provisions
relating to establishment and composition of the Air Staff, authorizing
the Secretary to prescribe the organization, duties, and titles of the
Air Staff, and limiting the number of officers who may be assigned or
detailed to permanent duty in the executive part of the Department of
the Air Force.
1984 -- Subsec. (d). Pub. L. 98-525 struck out subsec. (d) which
had provided that no commissioned officer who was assigned or detailed
to duty in the executive part of the Department of the Air Force could
serve for a tour of duty of more than four years, but that the Secretary
could extend such a tour of duty if he made a special finding that the
extension was necessary in the public interest, that no officer could be
assigned or detailed to duty in the executive part of the Department of
the Air Force within two years after relief from that duty, except upon
a special finding by the Secretary that the assignment or detail was
necessary in the public interest, and that the subsection did not apply
in time of war, or of national emergency declared by Congress.
1975 -- Subsec. (c). Pub. L. 93-608 struck out requirement of annual
report to Congress on the number of officers in the executive part of
the Department of the Air Force and the justification therefor.
1966 -- Subsec. (c). Pub. L. 89-718 changed the reporting
requirement from quarterly to annually.
Section 515 of Pub. L. 98-525 provided in part that the repeal of
subsec. (d) of this section is effective Oct. 1, 1984.
10 USC 8032. The Air Staff: general duties
TITLE 10 -- ARMED FORCES
(a) The Air Staff shall furnish professional assistance to the
Secretary, the Under Secretary, and the Assistant Secretaries of the Air
Force, and the Chief of Staff of the Air Force.
(b) Under the authority, direction, and control of the Secretary of
the Air Force, the Air Staff shall --
(1) subject to subsections (c) and (d) of section 8014 of this title,
prepare for such employment of the Air Force, and for such recruiting,
organizing, supplying, equipping (including those aspects of research
and development assigned by the Secretary of the Air Force), training,
servicing, mobilizing, demobilizing, administering, and maintaining of
the Air Force, as will assist in the execution of any power, duty, or
function of the Secretary or the Chief of Staff;
(2) investigate and report upon the efficiency of the Air Force and
its preparation to support military operations by combatant commands;
(3) prepare detailed instructions for the execution of approved plans
and supervise the execution of those plans and instructions;
(4) as directed by the Secretary or the Chief of Staff, coordinate
the action of organizations of the Air Force; and
(5) perform such other duties, not otherwise assigned by law, as may
be prescribed by the Secretary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 490; Aug. 6, 1958, Pub. L.
85-599, 4(h), 72 Stat. 517; Oct. 1, 1986, Pub. L. 99-433, title V,
522(b), 100 Stat. 1060.)
In subsection (a), the word ''furnish'' is substituted for the word
''render''.
In subsection (b)(1), the words ''power, duty, or function of'' are
substituted for the words ''power vested in, duty imposed upon, or
function assigned to''.
In subsection (b)(2), the words ''all questions affecting'' and
''state of'' are omitted as surplusage.
1986 -- Pub. L. 99-433, 522(b)(3), substituted ''The Air Staff:
general duties'' for ''General duties'' in section catchline.
Subsec. (a). Pub. L. 99-433, 522(b)(1), inserted ''of the Air
Force'' after ''Chief of Staff''.
Subsec. (b). Pub. L. 99-433, 522(b)(2), substituted ''Under the
authority, direction, and control of the Secretary of the Air Force, the
Air Staff'' for ''The Air Staff'' before par. (1), inserted ''subject
to subsections (c) and (d) of section 8014 of this title,'' and
substituted ''(including those aspects of research and development
assigned by the Secretary of the Air Force), training, servicing,
mobilizing, demobilizing, administering, and maintaining'' for '',
training, serving, mobilizing, and demobilizing'' in par. (1),
substituted ''to support military operations by combatant commands'' for
''for military operations'' in par. (2), and amended par. (4)
generally. Prior to amendment, par. (4) read as follows: ''act as
agent of the Secretary and the Chief of Staff in coordinating the action
of all organizations of the Department of the Air Force; and''.
1958 -- Subsec. (b)(1). Pub. L. 85-599 substituted ''prepare for
such employment of the Air Force'' for ''prepare such plans for the
national security, for employment of the Air Force for that purpose,
both separately and in conjunction with the land and naval forces''.
10 USC 8033. Chief of Staff
TITLE 10 -- ARMED FORCES
(a)(1) There is a Chief of Staff of the Air Force, appointed for a
period of four years by the President, by and with the advice and
consent of the Senate, from the general officers of the Air Force. He
serves at the pleasure of the President. In time of war or during a
national emergency declared by Congress, he may be reappointed for a
term of not more than four years.
(2) The President may appoint an officer as Chief of Staff only if --
(A) the officer has had significant experience in joint duty
assignments; and
(B) such experience includes at least one full tour of duty in a
joint duty assignment (as defined in section 664(f) of this title) as a
general officer.
(3) The President may waive paragraph (2) in the case of an officer
if the President determines such action is necessary in the national
interest.
(b) The Chief of Staff, while so serving, has the grade of general
without vacating his permanent grade.
(c) Except as otherwise prescribed by law and subject to section
8013(f) of this title, the Chief of Staff performs his duties under the
authority, direction, and control of the Secretary of the Air Force and
is directly responsible to the Secretary.
(d) Subject to the authority, direction, and control of the Secretary
of the Air Force, the Chief of Staff shall --
(1) preside over the Air Staff;
(2) transmit the plans and recommendations of the Air Staff to the
Secretary and advise the Secretary with regard to such plans and
recommendations;
(3) after approval of the plans or recommendations of the Air Staff
by the Secretary, act as the agent of the Secretary in carrying them
into effect;
(4) exercise supervision, consistent with the authority assigned to
commanders of unified or specified combatant commands under chapter 6 of
this title, over such of the members and organizations of the Air Force
as the Secretary determines;
(5) perform the duties prescribed for him by section 171 of this
title and other provisions of law; and
(6) perform such other military duties, not otherwise assigned by
law, as are assigned to him by the President, the Secretary of Defense,
or the Secretary of the Air Force.
(e)(1) The Chief of Staff shall also perform the duties prescribed
for him as a member of the Joint Chiefs of Staff under section 151 of
this title.
(2) To the extent that such action does not impair the independence
of the Chief of Staff in the performance of his duties as a member of
the Joint Chiefs of Staff, the Chief of Staff shall inform the Secretary
regarding military advice rendered by members of the Joint Chiefs of
Staff on matters affecting the Department of the Air Force.
(3) Subject to the authority, direction, and control of the Secretary
of Defense, the Chief of Staff shall keep the Secretary of the Air Force
fully informed of significant military operations affecting the duties
and responsibilities of the Secretary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 492, 8034; Aug. 6, 1958, Pub.
L. 85-599, 4(d), (e), 72 Stat. 517; Sept. 7, 1962, Pub. L. 87-651,
title I, 114, 76 Stat. 513; June 5, 1967, Pub. L. 90-22, title IV,
403, 81 Stat. 53; Dec. 12, 1980, Pub. L. 96-513, title V, 504(2), 94
Stat. 2915; July 10, 1981, Pub. L. 97-22, 10(b)(9), 95 Stat. 137;
renumbered 8033 and amended Oct. 1, 1986, Pub. L. 99-433, title V,
522(c), 100 Stat. 1061; Sept. 29, 1988, Pub. L. 100-456, div. A, title
V, 519(a)(3), 102 Stat. 1972.)
In subsection (a), the words ''not for'' are substituted for the
words ''no person shall serve as Chief of Staff for a term of''.
In subsection (b), the words ''so serving'' are substituted for the
words ''holding office as such''. The words ''regular or reserve'' are
substituted for the word ''permanent'', since there are no other
''permanent'' grades in the Air Force. The words ''in the Air Force''
are omitted as surplusage. The words ''and shall take rank as
prescribed by law'' are omitted as superseded by section 743 of this
title. The words ''He shall receive the compensation prescribed by
law'' are omitted as covered by the Career Compensation Act of 1949, 63
Stat. 802 (37 U.S.C. 231 et seq.).
In subsection (c), the provisions of 10:1814 relating to the
direction of the Secretary of the Air Force over the Chief of Staff are
combined. The words ''and subsection (c) of this section'' and ''state
of'' are omitted as surplusage.
In subsection (d), 10:38 (last par.) is omitted as covered by
10:1814(a). The words ''and other provisions of law'' are substituted
for the words ''and by other laws''.
The changes correct references to section 202(j) of the National
Security Act of 1947, which is now set out as section 124 of title 10.
A prior section 8033 was renumbered section 8021 of this title.
1988 -- Subsec. (a)(2)(B). Pub. L. 100-456 substituted ''full tour
of duty in a joint duty assignment (as defined in section 664(f) of this
title)'' for ''joint duty assignment''.
1986 -- Pub. L. 99-433 renumbered section 8034 of this title as this
section, substituted ''Chief of Staff'' for ''Chief of Staff:
appointment; duties'' in section catchline, and amended text generally.
Prior to amendment, text read as follows:
''(a) The Chief of Staff shall be appointed for a period of four
years by the President, by and with the advice and consent of the
Senate, from the general officers of the Air Force. He serves during
the pleasure of the President. In time of war or national emergency
declared by the Congress after December 31, 1968, he may be reappointed
for a term of not more than four years.
''(b) The Chief of Staff, while so serving, has the grade of general
without vacating his regular or reserve grade.
''(c) Except as otherwise prescribed by law and subject to section
8012(c) and (d) of this title, the Chief of Staff performs his duties
under the direction of the Secretary of the Air Force, and is directly
responsible to the Secretary for the efficiency of the Air Force, its
preparedness for military operations, and plans therefor.
''(d) The Chief of Staff shall --
''(1) preside over the Air Staff;
''(2) send the plans and recommendations of the Air Staff to the
Secretary, and advise him with regard thereto;
''(3) after approval of the plans or recommendations of the Air Staff
by the Secretary, act as the agent of the Secretary in carrying them
into effect;
''(4) exercise supervision over such of the members and organizations
of the Air Force as the Secretary of the Air Force determines. Such
supervision shall be exercised in a manner consistent with the full
operational command vested in unified or specified combatant commanders
under section 124 of this title.
''(5) perform the duties prescribed for him by sections 141 and 171
of this title and other provisions of law; and
''(6) perform such other military duties, not otherwise assigned by
law, as are assigned to him by the President.''
1981 -- Subsec. (b). Pub. L. 97-22 struck out the comma after ''his
regular or reserve grade''.
1980 -- Subsec. (b). Pub. L. 96-513 struck out ''and is counted as
one of the officers authorized to serve in a grade above lieutenant
general under section 8066 of this title'' after ''without vacating his
regular or reserve grade''.
1967 -- Subsec. (a). Pub. L. 90-22 changed the requirement that the
Chief of Staff be reappointed only with the advice and consent of the
Senate by providing for his reappointment for a term of not more than
four years by the President without such advice and consent in a time of
war or national emergency as declared by the Congress.
1962 -- Subsec. (d)(4). Pub. L. 87-651 substituted ''under section
124 of this title'' for ''pursuant to section 202(j) of the National
Security Act of 1947, as amended''.
1958 -- Subsec. (d)(4) to (7). Pub. L. 85-599 redesignated pars.
(5) to (7) as (4) to (6), respectively, and in par. (4), as
redesignated, required the Chief of Staff to exercise supervision only
as the Secretary of the Air Force determines and in a manner consistent
with the full operational command vested in unified or specified
combatant commanders. Former par. (4), which related to command over
the air defense, strategic, tactical, and other major commands, was
struck out.
Section 10(b) of Pub. L. 97-22 provided that the amendment made by
that section is effective Sept. 15, 1981.
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.
Amendment by Pub. L. 90-22 effective Jan. 1, 1969, see section 405
of Pub. L. 90-22, set out as a note under section 3034 of this title.
For provisions giving President temporary authority to waive
requirements in subsec. (a)(2) of this section, see section 532(c) of
Pub. L. 99-433, formerly set out as a note under section 3033 of this
title.
Air National Guard in Federal service, detail as chief and assistant
chief of staff of wings, see section 8542 of this title.
Armed Forces Policy Council, member of, see section 171 of this
title.
Higher retired grade for service in special position, see section
8962 of this title.
Personal money allowance, see section 414 of Title 37, Pay and
Allowances of the Uniformed Services.
Rank, see section 743 of this title.
10 USC 8034. Vice Chief of Staff
TITLE 10 -- ARMED FORCES
(a) There is a Vice Chief of Staff of the Air Force, appointed by the
President, by and with the advice and consent of the Senate, from the
general officers of the Air Force.
(b) The Vice Chief of Staff of the Air Force, while so serving, has
the grade of general without vacating his permanent grade.
(c) The Vice Chief of Staff has such authority and duties with
respect to the Department of the Air Force as the Chief of Staff, with
the approval of the Secretary of the Air Force, may delegate to or
prescribe for him. Orders issued by the Vice Chief of Staff in
performing such duties have the same effect as those issued by the Chief
of Staff.
(d) When there is a vacancy in the office of Chief of Staff or during
the absence or disability of the Chief of Staff --
(1) the Vice Chief of Staff shall perform the duties of the Chief of
Staff until a successor is appointed or the absence or disability
ceases; or
(2) if there is a vacancy in the office of the Vice Chief of Staff or
the Vice Chief of Staff is absent or disabled, unless the President
directs otherwise, the most senior officer of the Air Force in the Air
Staff who is not absent or disabled and who is not restricted in
performance of duty shall perform the duties of the Chief of Staff until
a successor to the Chief of Staff or the Vice Chief of Staff is
appointed or until the absence or disability of the Chief of Staff or
Vice Chief of Staff ceases, whichever occurs first.
(Aug. 10, 1956, ch. 1041, 70A Stat. 492, 8035; Aug. 6, 1958, Pub.
L. 85-599, 6(d), 72 Stat. 519; renumbered 8034 and amended Oct. 1,
1986, Pub. L. 99-433, title V, 522(d), 100 Stat. 1062.)
In subsection (a), the words ''of the Air Force'' are omitted as
surplusage.
In subsection (b), the words ''if the Chief of Staff is absent or
disabled or if that office is vacant'' are substituted for 10:1813(a)
(1st 18 words of last sentence). The words ''the officer who is highest
on the following list and'' are inserted for clarity. The words ''until
his successor is appointed'' are omitted as surplusage.
In subsection (c), the words ''If the Vice Chief of Staff is absent
or disabled or if that office is vacant'' are substituted for 10:1813(b)
(1st 19 words).
A prior section 8034 was renumbered section 8033 of this title.
1986 -- Pub. L. 99-433, 522(d), renumbered section 8035 of this
title as this section.
Pub. L. 99-433, 522(d)(5), substituted ''Vice Chief of Staff'' for
''Vice Chief of Staff; Deputy Chiefs of Staff: succession to duties of
Chief of Staff and Vice Chief of Staff'' in section catchline.
Subsecs. (a), (b). Pub. L. 99-433, 522(d)(1), substituted subsecs.
(a) and (b) for former subsecs. (a) and (b) which read as follows:
''(a) The Vice Chief of Staff and the Deputy Chiefs of Staff shall be
general officers detailed to those positions.
''(b) If the Chief of Staff is absent or disabled or if that office
is vacant, the officer who is highest on the following list and who is
not absent or disabled shall, unless otherwise directed by the
President, perform the duties of the Chief of Staff until a successor is
appointed or the absence or disability ceases:
''(1) The Vice Chief of Staff.
''(2) The Deputy Chiefs of Staff in order of seniority.''
Subsec. (c). Pub. L. 99-433, 522(d)(2), (3), redesignated subsec.
(d) as (c) and struck out former subsec. (c) which read as follows:
''If the Vice Chief of Staff is absent or disabled or if that office is
vacant, the senior Deputy Chief of Staff who is not absent or disabled
shall, unless otherwise directed by the Secretary of the Air Force,
perform the duties of the Vice Chief of Staff until a successor is
designated or the absence or disability ceases.''
Subsec. (d). Pub. L. 99-433, 522(d)(3), (4), added subsec. (d).
Former subsec. (d) was redesignated (c).
1958 -- Subsec. (d). Pub. L. 85-599 added subsec. (d).
10 USC 8035. Deputy Chiefs of Staff and Assistant Chiefs of Staff
TITLE 10 -- ARMED FORCES
(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff
shall be general officers detailed to those positions.
(b) The number of Deputy Chiefs of Staff and Assistant Chiefs of
Staff shall be prescribed by the Secretary, except that --
(1) there may not be more than five Deputy Chiefs of Staff; and
(2) there may not be more than three Assistant Chiefs of Staff.
(Added Pub. L. 99-433, title V, 522(e), Oct. 1, 1986, 100 Stat.
1062.)
A prior section 8035 was renumbered section 8034 of this title.
10 USC 8036. Surgeon General: appointment; grade
TITLE 10 -- ARMED FORCES
There is a Surgeon General of the Air Force who is appointed by the
President by and with the advice and consent of the Senate from officers
of the Air Force who are designated as medical officers under section
8067(a) of this title. The Surgeon General, while so serving, has the
grade of lieutenant general.
(Added Pub. L. 89-288, 5(a), Oct. 22, 1965, 79 Stat. 1050; amended
Pub. L. 99-433, title V, 522(g)(2), Oct. 1, 1986, 100 Stat. 1063.)
1986 -- Pub. L. 99-433 substituted a semicolon for the comma in
section catchline.
10 USC 8037. Judge Advocate General, Deputy Judge Advocate General:
appointment; duties
TITLE 10 -- ARMED FORCES
(a) There is a Judge Advocate General in the Air Force, who is
appointed by the President, by and with the advice and consent of the
Senate, from officers of the Air Force. The term of office is four
years, but may be sooner terminated or extended by the President. An
appointee who holds a lower regular grade shall be appointed in the
regular grade of major general.
(b) The Judge Advocate General of the Air Force shall be appointed
from those officers who at the time of appointment are members of the
bar of a Federal court or the highest court of a State or Territory, and
who have had at least eight years of experience in legal duties as
commissioned officers.
(c) The Judge Advocate General shall, in addition to other duties
prescribed by law --
(1) receive, revise, and have recorded the proceedings of courts of
inquiry and military commissions; and
(2) perform such other legal duties as may be directed by the
Secretary of the Air Force.
(d)(1) There is a Deputy Judge Advocate General in the Air Force, who
is appointed by the President, by and with the advice and consent of the
Senate, from officers of the Air Force who have the qualifications
prescribed in subsection (b) for the Judge Advocate General. The term
of office of the Deputy Judge Advocate General is two years, but may be
sooner terminated or extended by the President. An officer appointed as
Deputy Judge Advocate General shall be appointed in a regular grade to
be determined by the Secretary of Defense.
(2) When there is a vacancy in the office of the Judge Advocate
General, or during the absence or disability of the Judge Advocate
General, the Deputy Judge Advocate General shall perform the duties of
the Judge Advocate General until a successor is appointed or the absence
or disability ceases.
(3) When paragraph (2) cannot be complied with because of the absence
or disability of the Deputy Judge Advocate General, the heads of the
major divisions of the Office of the Judge Advocate General, in the
order directed by the Secretary of the Air Force, shall perform the
duties of the Judge Advocate General, unless otherwise directed by the
President.
(Aug. 10, 1956, ch. 1041, 70A Stat. 495, 8072; Sept. 8, 1980, Pub.
L. 96-343, 12(a), (b)(1), 94 Stat. 1130, 1131; renumbered 8037, Oct.
1, 1986, Pub. L. 99-433, title V, 522(f), 100 Stat.
In subsection (a), the words ''subject to the provisions of section
741 of Title 50'' are omitted as surplusage. The words ''but may be
sooner terminated, or extended, by the President'' are substituted for
10:1840(a) (last 11 words of 1st sentence, and 2d sentence). 10:1840(a)
(1st 46 words of 3d sentence) is omitted as surplusage. 10:1840(a)
(last sentence) is omitted as executed. The words ''by the President,
by and with the advice and consent of the Senate'', as they relate to
the appointment as a major general in the Regular Air Force, are omitted
as covered by section 8284 of this title.
In subsection (b), the words ''Hereafter'' and ''exclusive of the
present incumbents'' are omitted as surplusage. The words ''at least''
are substituted for the words ''not less than a total''.
In subsection (c), the Act of June 23, 1874, ch. 458, 2 (words
before semicolon of 1st sentence, and last sentence), 18 Stat. 244, are
not contained in 10:62. They are also omitted from the revised section,
since the Air Force does not have organic corps created by statute.
1980 -- Pub. L. 96-343, 12(b)(1), substituted ''General, Deputy
Judge Advocate General:'' for ''General:'' in section catchline.
Subsec. (d). Pub. L. 96-343, 12(a), added subsec. (d).
Army, appointment and duties of Judge Advocate General, see section
3037 of this title.
Marine Corps, Staff Judge Advocate to Commandant, see section 5046 of
this title.
Navy, appointment, term, emoluments and duties of Judge Advocate
General, see section 5148 of this title.
10 USC 8038. Office of Air Force Reserve: appointment of Chief
TITLE 10 -- ARMED FORCES
(a) There is in the executive part of the Department of the Air Force
an Office of Air Force Reserve which is headed by a chief who is the
adviser to the Chief of Staff on Air Force Reserve matters.
(b) The President, by and with the advice and consent of the Senate,
shall appoint the Chief of Air Force Reserve from officers of the Air
Force Reserve not on active duty, or on active duty under section 265 of
this title, who --
(1) have had at least 10 years of commissioned service in the Air
Force;
(2) are in grade of brigadier general and above; and
(3) have been recommended by the Secretary of the Air Force.
(c) The Chief of Air Force Reserve holds office for four years, but
may be removed for cause at any time. He is eligible to succeed
himself. If he holds a lower reserve grade, he shall be appointed in
the grade of major general for service in the Air Force Reserve.
(Added Pub. L. 90-168, 2(19), Dec. 1, 1967, 81 Stat. 524, 8019;
renumbered 8038 and amended Pub. L. 99-433, title V, 521(a)(2),
522(g)(3), Oct. 1, 1986, 100 Stat. 1055, 1063.)
1986 -- Subsec. (a). Pub. L. 99-433, 522(g)(3), struck out the
comma after ''Chief of Staff''.
Section effective on first day of first calendar month following date
of enactment of Pub. L. 90-168, which was approved Dec. 1, 1967, see
section 7 of Pub. L. 90-168, set out as an Effective Date of 1967
Amendment note under section 136 of this title.
10 USC CHAPTER 807 -- THE AIR FORCE
TITLE 10 -- ARMED FORCES
Sec.
8061. Regulations.
8062. Policy; composition; aircraft authorization.
(8066. Repealed.)
8067. Designation: officers to perform certain professional
functions.
(8071. Repealed.)
(8072. Renumbered.)
8074. Commands: territorial organization.
8075. Regular Air Force: composition.
8076. Air Force Reserve: composition.
8077. Air National Guard of United States: composition.
8078. Air National Guard: when a component of Air Force.
8079. Air National Guard of United States: status when not in
Federal service.
8080. Air National Guard of the United States: authority of
officers with respect to Federal status.
8081. Assistant Surgeon General for Dental Services.
1986 -- Pub. L. 99-433, title V, 522(g)(4), Oct. 1, 1986, 100
Stat. 1063, struck out item 8072 ''Judge Advocate General, Deputy Judge
Advocate General: appointment; duties''. See section 8037 of this
title.
1980 -- Pub. L. 96-513, title V, 504(3), Dec. 12, 1980, 94 Stat.
2915, struck out item 8066 ''Generals and lieutenant generals''.
Pub. L. 96-343, 12(b)(2), Sept. 8, 1980, 94 Stat. 1131,
substituted ''General, Deputy Judge Advocate General:'' for ''General:''
in item 8072.
1978 -- Pub. L. 95-485, title VIII, 805(c)(2), Oct. 20, 1978, 92
Stat. 1622, added item 8081.
1967 -- Pub. L. 90-130, 1(25), Nov. 8, 1967, 81 Stat. 382, struck
out item 8071 ''Temporary grade of colonel in the Air Force:
appointment of women.''
1960 -- Pub. L. 86-603, 1(3)(B), July 7, 1960, 74 Stat. 358, added
item 8080.
10 USC 8061. Regulations
TITLE 10 -- ARMED FORCES
The President may prescribe regulations for the government of the Air
Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 493.)
The word ''prescribe'' is substituted for the words ''make and
publish''. 10:16 (last 35 words) is omitted as surplusage.
General regulatory powers of President, see section 121 of this
title.
10 USC 8062. Policy; composition; aircraft authorization
TITLE 10 -- ARMED FORCES
(a) It is the intent of Congress to provide an Air Force that is
capable, in conjunction with the other armed forces, of --
(1) preserving the peace and security, and providing for the defense,
of the United States, the Territories, Commonwealths, and possessions,
and any areas occupied by the United States;
(2) supporting the national policies;
(3) implementing the national objectives; and
(4) overcoming any nations responsible for aggressive acts that
imperil the peace and security of the United States.
(b) There is a United States Air Force within the Department of the
Air Force.
(c) In general, the Air Force includes aviation forces both combat
and service not otherwise assigned. It shall be organized, trained, and
equipped primarily for prompt and sustained offensive and defensive air
operations. It is responsible for the preparation of the air forces
necessary for the effective prosecution of war except as otherwise
assigned and, in accordance with integrated joint mobilization plans,
for the expansion of the peacetime components of the Air Force to meet
the needs of war.
(d) The Air Force consists of --
(1) the Regular Air Force, the Air National Guard of the United
States, the Air National Guard while in the service of the United
States, and the Air Force Reserve;
(2) all persons appointed or enlisted in, or conscripted into, the
Air Force without component; and
(3) all Air Force units and other Air Force organizations, with their
installations and supporting and auxiliary combat, training,
administrative, and logistic elements; and all members of the Air
Force, including those not assigned to units; necessary to form the
basis for a complete and immediate mobilization for the national defense
in the event of a national emergency.
(e) Subject to subsection (f) of this section, chapter 831 of this
title, and the strength authorized by law pursuant to section 115 of
this title, the authorized strength of the Air Force is 70 Regular Air
Force groups and such separate Regular Air Force squadrons, reserve
groups, and supporting and auxiliary regular and reserve units as
required.
(f) There are authorized for the Air Force 24,000 serviceable
aircraft or 225,000 airframe tons of serviceable aircraft, whichever the
Secretary of the Air Force considers appropriate to carry out this
section. This subsection does not apply to guided missiles.
(Aug. 10, 1956, ch. 1041, 70A Stat. 493; Dec. 12, 1980, Pub. L.
96-513, title V, 504(4), 94 Stat. 2916; Oct. 1, 1986, Pub. L. 99-433,
title I, 110(g)(10), 100 Stat. 1004; Apr. 21, 1987, Pub. L. 100-26,
7(g)(3), 101 Stat. 282; Dec. 4, 1987, Pub. L. 100-180, div. A, title
XIII, 1314(b)(9), 101 Stat. 1176.)
In subsection (a), 10:20 (1st 19 words) is omitted as surplusage.
The words ''any areas occupied by the United States'' are substituted
for the words ''occupied areas wherever located''.
Subsection (b) is substituted for 5:626c(a) (1st sentence).
5:626c(a) (last sentence) is omitted as executed.
In subsection (d), the words ''consists of'' are substituted for the
word ''includes''.
In subsection (d)(1), 10:20r(a) is omitted as superseded by 10:1831.
The words ''all persons serving in the Air Force under call or * * *
under any provision of law, including members of the Air National Guard
of the several States, Territories, and the District of Columbia when in
the service of the United States pursuant to call as provided by law''
are omitted as covered by the words ''the Air National Guard while in
the service of the United States''. 50:1091 (last sentence) is omitted,
since the components listed include their members.
In subsection (d)(2), the words ''or inducted'' are omitted as
covered by the word ''conscripted''.
In subsection (e), the words ''Effective on July 10, 1950'' are
omitted as executed. The words ''the limitations imposed by'' are
omitted as surplusage. The words ''not to exceed'' are omitted as
surplusage, since the revised section states the authorized number and
any number over that would not be authorized. The words ''and chapter
31 of this title'' are substituted for the reference to 10:20s to make
it clear that the authority for a 70 group Air Force is subject to all
provisions which prescribe the authorized personnel strength of the Air
Force.
In subsection (f), the word ''considers'' is substituted for the
words ''may determine is more''. The words ''aggregate'' and ''amount''
are omitted as surplusage. The words ''carry out this section'' are
substituted for the words ''fulfill the requirements of the Air Force of
the United States for aircraft necessary to carry out the purposes of
this chapter, section 481 of this title, and sections 235, 235a, 628,
and 628a of title 5'', since the purposes to which the reference is made
are stated in the revised section. The last sentence is substituted for
10:20t (proviso).
1987 -- Subsec. (e). Pub. L. 100-26 and Pub. L. 100-180 amended
subsec. (e) identically, substituting ''section 115'' for ''section
114''.
1986 -- Subsec. (e). Pub. L. 99-433 substituted ''section 114'' for
''section 138''.
1980 -- Subsec. (e). Pub. L. 96-513 substituted '', chapter 831 of
this title, and the strength authorized by law pursuant to section 138''
for ''and chapter 831''.
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.
Transfer, reassignment, consolidation or abolition of functions,
powers and duties, see section 125 of this title.
10 USC ( 8066. Repealed. Pub. L. 96-513, title II, 201, Dec. 12,
1980, 94 Stat. 2878)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 494; Sept. 2,
1958, Pub. L. 85-861, 33(a)(36), 72 Stat. 1566, authorized the
President, by and with consent of the Senate, to make temporary
appointments in the grades of general and lieutenant general from
officers of the Air Force on active duty in any grade above brigadier
general and specified the number of positions in each such grade. See
section 601 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8067. Designation: officers to perform certain professional
functions
TITLE 10 -- ARMED FORCES
(a) Medical functions in the Air Force shall be performed by
commissioned officers of the Air Force who are qualified under
regulations prescribed by the Secretary of the Air Force and who are
designated as medical officers.
(b) Dental functions in the Air Force shall be performed by
commissioned officers of the Air Force who are qualified under
regulations prescribed by the Secretary and who are designated as dental
officers.
(c) Veterinary functions in the Air Force shall be performed by
commissioned officers of the Air Force who are qualified under
regulations prescribed by the Secretary, and who are designated as
veterinary officers.
(d) Medical service functions in the Air Force shall be performed by
commissioned officers of the Air Force who are qualified under
regulations prescribed by the Secretary, and who are designated as
medical service officers.
(e) Nursing functions in the Air Force shall be performed by
commissioned officers of the Air Force who are qualified under
regulations prescribed by the Secretary and who are designated as Air
Force nurses.
(f) Biomedical science functions, including physician assistant
functions and chiropractic functions, in the Air Force shall be
performed by commissioned officers of the Air Force who are qualified
under regulations prescribed by the Secretary, and who are designated as
biomedical science officers.
(g) Judge advocate functions in the Air Force shall be performed by
commissioned officers of the Air Force who are qualified under
regulations prescribed by the Secretary, and who are designated as judge
advocates.
(h) Chaplain functions in the Air Force shall be performed by
commissioned officers of the Air Force who are qualified under
regulations prescribed by the Secretary and who are designated as
chaplains.
(i) Other functions in the Air Force requiring special training or
experience shall be performed by members of the Air Force who are
qualified under regulations prescribed by the Secretary, and who are
designated as being in named categories.
(Aug. 10, 1956, ch. 1041, 70A Stat. 494; Sept. 2, 1958, Pub. L.
85-861, 1(156), 72 Stat. 1513; Dec. 12, 1980, Pub. L. 96-513, title V,
504(5), 94 Stat. 2916; Dec. 1, 1981, Pub. L. 97-86, title IV, 403, 95
Stat. 1105; Oct. 23, 1992, Pub. L. 102-484, div. A, title V, 505(c),
106 Stat. 2404.)
The references in clauses (4), (6), and (7) of 10:1837(a) are
omitted, since the laws to which reference is made deal with
qualifications for appointment as commissioned officers and do not
specify professional qualifications prerequisite to designation to
duties requiring special training or experience. The reference in
clause (8) is omitted as executed.
10:1837(b) and (c) are omitted, since, except in the case of a
reference to a law not presently in effect, their substance is covered
by including the laws referred to in various revised sections of this
title (see the distribution tables). 10:81-2 (less 1st and last
provisos) is omitted as unnecessary.
In subsections (a)-(d), (g), and (h), the words ''commissioned
officers'' are substituted for the word ''members'', in 10:1837(a),
since, under the laws to which reference is made, only commissioned
officers may be designated to perform these functions.
In subsections (e) and (f), the words ''female commissioned
officers'' are substituted for the word ''members'', in 10:1837(a),
since, under the laws to which reference is made, only female
commissioned officers may be designated to perform these functions.
The section is amended to reflect the authority contained in the
source statute to appoint male reserve officers with a view to
designation as Air Force nurses or medical specialists.
1992 -- Subsec. (f). Pub. L. 102-484 inserted ''and chiropractic
functions'' after ''physician assistant functions''.
1981 -- Subsec. (f). Pub. L. 97-86 inserted reference to physician
assistant functions.
1980 -- Subsec. (a). Pub. L. 96-513, 504(5)(A), struck out ''in
conformity with section 8289 or 8294 of this title,'' after ''Secretary
of the Air Force''.
Subsec. (b). Pub. L. 96-513, 504(5)(B), struck out ''in conformity
with section 8294 of this title,'' after ''prescribed by the
Secretary''.
Subsec. (e). Pub. L. 96-513, 504(5)(C), struck out ''in conformity
with section 8291 of this title,'' after ''prescribed by the
Secretary''.
Subsec. (f). Pub. L. 96-513, 504(5)(D), substituted ''Biomedical
science functions'' for ''Medical specialist functions'' and
''biomedical science officers'' for ''medical specialists''.
Subsec. (h). Pub. L. 96-513, 504(5)(E), struck out ''in conformity
with section 8293 of this title,'' after ''prescribed by the
Secretary''.
1958 -- Subsec. (e). Pub. L. 85-861 struck out ''female'' before
''commissioned officers''.
Subsec. (f). Pub. L. 85-861 struck out ''female'' before
''commissioned officers'', and ''women'' before ''medical specialists''.
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 ( 8071. Repealed. Pub. L. 90-130, 1(25), Nov. 8, 1967, 81
Stat. 382)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 495, provided for
appointment of a female Air Force officer in temporary grade of colonel.
10 USC ( 8072. Renumbered 8037)
TITLE 10 -- ARMED FORCES
10 USC 8074. Commands: territorial organization
TITLE 10 -- ARMED FORCES
(a) Except as otherwise prescribed by law or by the Secretary of
Defense, the Air Force shall be divided into such organizations as the
Secretary of the Air Force may prescribe.
(b) For Air Force purposes, the United States, its Territories, its
possessions, and other places in which the Air Force is stationed or is
operating, may be divided into such areas as directed by the Secretary.
Officers of the Air Force may be assigned to command Air Force
activities, installations, and personnel in those areas. In the
discharge of the Air Force's functions or other functions authorized by
law, officers so assigned have the duties and powers prescribed by the
Secretary.
(c) The Military Air Transport Service is redesignated as the
Military Airlift Command.
(Aug. 10, 1956, ch. 1041, 70A Stat. 495; Aug. 6, 1958, Pub. L.
85-599, 4(f), 72 Stat. 517; June 11, 1965, Pub. L. 89-37, title III,
306(a), 79 Stat. 129; Oct. 1, 1986, Pub. L. 99-433, title V, 523, 100
Stat. 1063.)
In subsection (b), the words ''from time to time'' are omitted as
surplusage.
In subsection (d), the words ''have the duties and powers'' are
substituted for the words ''shall perform such duties and exercise such
powers''. The words ''of America'', ''elements of'', ''other provisions
of'', and ''so assigned'' are omitted as surplusage.
1986 -- Subsec. (a). Pub. L. 99-433 substituted ''Except as
otherwise prescribed by law or by the Secretary of Defense, the'' for
''The''.
1965 -- Subsec. (c). Pub. L. 89-37 added subsec. (c).
1958 -- Subsec. (a). Pub. L. 85-599, 4(f)(1), substituted
provisions permitting the Air Force to be divided into such
organizations as the Secretary of the Air Force may prescribe for
provisions which established an air-defense, a strategic, and a tactical
command in the Air Force.
Subsecs. (b) to (d). Pub. L. 85-599, 4(f)(2), redesignated subsec.
(d) as (b), and repealed former subsecs. (b) and (c) which permitted
the Secretary of the Air Force to establish additional commands and
organizations in the interest of efficiency and economy of operation,
and, for the duration of any war or national emergency, to establish new
major commands or to discontinue or consolidate major commands.
Section 306(b) of Pub. L. 89-37 provided that: ''The amendment made
by subsection (a) of this section (adding subsec. (c)) shall become
effective January 1, 1966.''
10 USC 8075. Regular Air Force: composition
TITLE 10 -- ARMED FORCES
(a) The Regular Air Force is the component of the Air Force that
consists of persons whose continuous service on active duty in both
peace and war is contemplated by law, and of retired members of the
Regular Air Force.
(b) The Regular Air Force includes --
(1) the officers and enlisted members of the Regular Air Force;
(2) the professors, registrar, and cadets at the United States Air
Force Academy; and
(3) the retired officers and enlisted members of the Regular Air
Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 496; Aug. 6, 1958, Pub. L.
85-600, 1(13), 72 Stat. 523.)
In subsection (b), the words ''holding appointments or enlisted in
the Regular Air Force as now or hereafter provided by law'', ''and such
other persons as are now or may hereafter be specified by law'', and
''commissioned * * * warrant officers'' are omitted as surplusage, since
the revised section lists all persons in the Regular Air Force.
10:1832(b) (last sentence) is omitted as executed.
1958 -- Subsec. (b)(2). Pub. L. 85-600 included the registrar of the
Air Force Academy.
10 USC 8076. Air Force Reserve: composition
TITLE 10 -- ARMED FORCES
The Air Force Reserve is a reserve component of the Air Force to
provide a reserve for active duty. It consists of the members of the
officers' section of the Air Force Reserve and of the enlisted section
of the Air Force Reserve. It includes all Reserves of the Air Force who
are not members of the Air National Guard of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 496.)
The first sentence is substituted for 10:1833. The word ''Reserves''
is substituted for the words ''Reserve officers and Reserve enlisted
members'', in 50:1092. The words ''other than those'', in 50:1092, are
omitted as surplusage.
10 USC 8077. Air National Guard of United States: composition
TITLE 10 -- ARMED FORCES
The Air National Guard of the United States is the reserve component
of the Air Force that consists of --
(1) federally recognized units and organizations of the Air National
Guard; and
(2) members of the Air National Guard who are also Reserves of the
Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 496.)
The words ''and references in this chapter, in the absence of express
provision otherwise, are to be construed accordingly'', in 50:1111, are
omitted as executed by the revised sections of this title. 50:1111
(last sentence) is omitted, since ''National Guard of the United
States'', with respect to the Army, is designated as ''Army National
Guard of the United States'' throughout this title; and both it and the
''Air National Guard of the United States'' are referred to separately
throughout this title. The words ''are also'' are substituted for the
words ''in addition to their status as such'', in 50:1112 (less (a)).
The words ''same commissioned, warrant, or enlisted'', in 50:1112, are
omitted as surplusage.
Air National Guard generally, see section 101 et seq. of Title 32,
National Guard.
Regulations to carry out this section, see section 280 of this title.
10 USC 8078. Air National Guard: when a component of Air Force
TITLE 10 -- ARMED FORCES
The Air National Guard while in the service of the United States is a
component of the Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 496.)
Air National Guard generally, see section 101 et seq. of Title 32,
National Guard.
10 USC 8079. Air National Guard of United States: status when not in
Federal service
TITLE 10 -- ARMED FORCES
When not on active duty, members of the Air National Guard of the
United States shall be administered, armed, equipped, and trained in
their status as members of the Air National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 496.)
The word ''uniformed'' is omitted as surplusage. The words ''in the
service of the United States'' are omitted as surplusage.
Air National Guard generally, see section 101 et seq. of Title 32,
National Guard.
Regulations to carry out this section, see section 280 of this title.
10 USC 8080. Air National Guard of the United States: authority of
officers with respect to Federal status
TITLE 10 -- ARMED FORCES
Under regulations to be prescribed by the Secretary of the Air Force,
officers of the Air National Guard of the United States who are not on
active duty may --
(1) order members of the Air National Guard of the United States or,
with the approval of the Secretary of the Army, members of the Army
National Guard of the United States, to active duty for training under
section 672(d) of this title;
(2) enlist, reenlist, or extend the enlistments of persons as
Reserves of the Army or Reserves of the Air Force for service in the
Army National Guard of the United States or the Air National Guard of
the United States, as the case may be; and
(3) with respect to their Federal status, promote or discharge
persons enlisted or reenlisted as Reserves of the Army or Reserves of
the Air Force for that service.
(Added Pub. L. 86-603, 1(3)(A), July 7, 1960, 74 Stat. 357.)
10 USC 8081. Assistant Surgeon General for Dental Services
TITLE 10 -- ARMED FORCES
There is an Assistant Surgeon General for Dental Services in the Air
Force who is appointed by the Secretary of the Air Force upon the
recommendation of the Surgeon General from officers of the Air Force
above the grade of major who are designated as dental officers under
section 8067(b) of this title. The term of office of the Assistant
Surgeon General for Dental Services is four years but may be increased
or decreased by the Secretary of the Air Force.
(Added Pub. L. 95-485, title VIII, 805(c)(1), Oct. 20, 1978, 92
Stat. 1622.)
10 USC PART II -- PERSONNEL
TITLE 10 -- ARMED FORCES
Chap. Sec.
831.
Strength 8201
833.
Enlistments 8251
835.
Appointments in the Regular Air Force 8281
837.
Appointments as Reserve Officers 8351
839.
Temporary Appointments 8441
841.
Active Duty 8491
843.
Special Appointments, Assignments, Details, and Duties 8531
845.
Rank and Command 8571
(847.
lRepealed.)
849.
Miscellaneous Prohibitions and Penalties 8631
(851.
lRepealed.)
853.
Miscellaneous Rights and Benefits 8681
855.
Hospitalization 8721
857.
Decorations and Awards 8741
l(859, 860. Repealed.)
861.
Separation for Various Reasons 8811
863.
Separation or Transfer to Retired Reserve 8841
(865.
lRepealed.)
867.
Retirement for Length of Service 8911
869.
Retired Grade 8961
871.
Computation of Retired Pay 8991
873.
Civilian Employees 9021
1980 -- Pub. L. 96-513, title V, 504(1), Dec. 12, 1980, 94 Stat.
2915, struck out items for chapters 859 ''Separation from Regular Air
Force for Substandard Performance of Duty'', 860 ''Separation from
Regular Air Force for Moral or Professional Dereliction or in Interests
of National Security'', and 865 ''Retirement for Age''.
1968 -- Pub. L. 90-377, 5, July 5, 1968, 82 Stat. 288, struck out
item for chapter 851 ''United States Disciplinary Barracks''.
Pub. L. 90-235, 8(6), Jan. 2, 1968, 81 Stat. 764, struck out item
for chapter 847 ''The Uniform''.
1960 -- Pub. L. 86-616, 7(b), 8(b), July 12, 1960, 74 Stat. 393,
395, substituted ''Substandard Performance of Duty'' for ''Failure to
Meet Standards'' in item for chapter 859 and added item for chapter 860.
1958 -- Pub. L. 85-861, 1(193), Sept. 2, 1958, 72 Stat. 1538,
substituted ''8841'' for ''(No present sections)'' in item for chapter
863.
10 USC CHAPTER 831 -- STRENGTH
TITLE 10 -- ARMED FORCES
Sec.
(8201 to 8209. Repealed.)
8210. Regular Air Force: strength in grade; general officers.
(8211. Repealed.)
8212. Air Reserve; Air National Guard of the United States:
strength in grade; temporary increases.
(8213 to 8215. Repealed.)
8217. Reserves: commissioned officers in an active status.
8218. Reserves: strength in grade; general officers in an active
status.
8219. Reserves: strength in grade; commissioned officers in grades
below brigadier general in an active status.
8221. Air Force Reserve.
8222. Air Force Reserve, exclusive of members on active duty.
8223. Air Force Reserve: warrant officers.
8224. Air National Guard of United States.
8225. Air National Guard and Air National Guard of United States,
exclusive of members on active duty.
(8230. Repealed.)
1990 -- Pub. L. 101-510, div. A, title IV, 403(b)(3)(B), Nov. 5,
1990, 104 Stat. 1545, struck out item 8202 ''Air Force: strength in
grade; general officers''.
1985 -- Pub. L. 99-145, title XIII, 1303(a)(26), Nov. 8, 1985, 99
Stat. 740, inserted ''; general officers'' after ''grade'' in item
8202.
1980 -- Pub. L. 96-513, title V, 504(6), Dec. 12, 1980, 94 Stat.
2916, struck out item 8201 ''Air Force: members on active duty'',
substituted ''strength in grade'' for ''officers in certain commissioned
grades'' in item 8202, struck out items 8203 ''Regular Air Force:
members on active duty'', 8204 ''Regular Air Force: commissioned
officers on active list'', 8205 ''Regular Air Force: commissioned
officers on active list, exclusive of certain categories'', 8206
''Regular Air Force: commissioned officers on active list; Air Force
nurses'', 8207 ''Regular Air Force: commissioned officers on active
list; medical specialists'', 8208 ''Regular Air Force: commissioned
officers on active list; female commissioned officers, other than those
designated under section 8067 of this title to perform professional
functions'', 8209 ''Regular Air Force: commissioned officers on active
list; special categories'', and 8211 ''Regular Air Force: strength in
grade; promotion-list officers'', substituted ''Air Reserve; Air
National Guard of the United States: strength in grade; temporary
increases'' for ''Regular Air Force; Air Force Reserve; Air National
Guard of the United States: strength in grade; temporary increases''
in item 8212, and struck out items 8213 ''Regular Air Force: warrant
officers on active list'', 8214 ''Regular Air Force: enlisted members
on active duty'', 8215 ''Regular Air Force: female warrant officers on
active list'', and 8230 ''Personnel detailed outside Department of
Defense.''
1967 -- Pub. L. 90-130, 1(26)(F), Nov. 8, 1967, 81 Stat. 382,
struck out ''; female enlisted members on active duty'' after ''female
warrant officers on active list'' in item 8215.
1958 -- Pub. L. 85-861, 1(165), Sept. 2, 1958, 72 Stat. 1516,
substituted ''Air Force medical specialists'' for ''women medical
specialists'' in item 8207, inserted ''Air Force Reserve; Air National
Guard of United States'' in item 8212, and added items 8217 to 8219 and
8230.
10 USC ( 8201. Repealed. Pub. L. 96-513, title II, 202, Dec. 12,
1980, 94 Stat. 2878)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 497; Sept. 2,
1958, Pub. L. 85-861, 1(157), 72 Stat. 1513; Oct. 13, 1964, Pub. L.
88-647, title III, 301(20), 78 Stat. 1073, prescribed authorized
strength of Air Force in members on active duty, exclusive of certain
categories, and authorized daily average strength of Air Force in
members on active duty during fiscal year, exclusive of certain
categories.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 8202. Repealed. Pub. L. 101-510, div. A, title IV,
403(b)(3)(A), Nov. 5, 1990, 104 Stat. 1545)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 498; Sept. 2,
1958, Pub. L. 85-861, 1(158), 72 Stat. 1514; Dec. 28, 1967, Pub. L.
90-228, 1(4), (5), 81 Stat. 745; Dec. 12, 1980, Pub. L. 96-513,
title II, 203(b), 94 Stat. 2879, related to authorized strength of Air
Force in general officers on active duty.
10 USC ( 8203 to 8209. Repealed. Pub. L. 96-513, title II, 202, Dec.
12, 1980, 94 Stat. 2878)
TITLE 10 -- ARMED FORCES
Section 8203, acts Aug. 10, 1956, ch. 1041, 70A Stat. 498; Sept.
2, 1958, Pub. L. 85-861, 1(159), 72 Stat. 1514, prescribed authorized
strength of Regular Air Force in members on active duty, exclusive of
officer candidates and aviation cadets.
Section 8204, acts Aug. 10, 1956, ch. 1041, 70A Stat. 499; Aug.
6, 1958, Pub. L. 85-600, 1(14), 72 Stat. 523, prescribed authorized
strength of Regular Air Force in commissioned officers on active list.
See section 522 of this title.
Section 8205, acts Aug. 10, 1956, ch. 1041, 70A Stat. 499; Aug.
6, 1958, Pub. L. 85-600, 1(15), 72 Stat. 523; Sept. 2, 1958, Pub.
L. 85-861, 1(160), 72 Stat. 1514, prescribed authorized strength of
Regular Air Force in commissioned officers on active list, exclusive of
certain categories. See section 522 of this title.
Section 8206, acts Aug. 10, 1956, ch. 1041, 70A Stat. 499; Aug.
21, 1957, Pub. L. 85-155, title III, 301(1), 71 Stat. 386; Nov. 8,
1967, Pub. L. 90-130, 1(26)(A), 81 Stat. 382, prescribed authorized
strength of Air Force nurses in commissioned officers on active list of
Regular Air Force. See section 522 of this title.
Section 8207, acts Aug. 10, 1956, ch. 1041, 70A Stat. 499; Aug.
21, 1957, Pub. L. 85-155, title III, 301(2), 71 Stat. 386; Nov. 8,
1967, Pub. L. 90-130, 1(26)(B), 81 Stat. 382, prescribed authorized
strength of Air Force medical specialists in commissioned officers on
active list of Regular Air Force. See section 522 of this title.
Section 8208, acts Aug. 10, 1956, ch. 1041, 70A Stat. 499; Nov.
8, 1967, Pub. L. 90-130, 1(26)(C), 81 Stat. 382, authorized
prescribed strength in female commissioned officers on active list of
Regular Air Force, other than those designated under section 8067 of
this title to perform professional services. See section 522 of this
title.
Section 8209, acts Aug. 10, 1956, ch. 1041, 70A Stat. 500; Sept.
2, 1958, Pub. L. 85-861, 1(156), 72 Stat. 1513; Nov. 8, 1967, Pub.
L. 90-130, 1(26)(D), 81 Stat. 382, prescribed authorized strength of
Regular Air Force in commissioned officers on active list in each of
categories of officers designated under section 8067 of this title. See
section 522 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8210. Regular Air Force: strength in grade; general officers
TITLE 10 -- ARMED FORCES
(a) Subject to section 526 of this title, the authorized strength of
the Regular Air Force in general officers on the active-duty list is
75/10,000 of the authorized strength of the Regular Air Force in
commissioned officers on the active-duty list. Of this authorized
strength, not more than one-half may be in a regular grade above
brigadier general.
(b) When the application of subsection (a) results in a fraction, a
fraction of one-half or more is counted as one, and a fraction of less
than one-half is disregarded.
(c) General officers on the active-duty list of the Regular Air Force
who are specifically authorized by law to hold a civil office under the
United States, or an instrumentality thereof, are not counted in
determining authorized strength under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 500; Sept. 2, 1958, Pub. L.
85-861, 1(161), 72 Stat. 1514; Dec. 12, 1980, Pub. L. 96-513, title V,
504(7), 94 Stat. 2916; Dec. 5, 1991, Pub. L. 102-190, div. A, title X,
1061(a)(23)(A), 105 Stat. 1473.)
As enacted, section 503(a) of the Officer Personnel Act of 1947
(10:506a(a)) provided, subject to certain percentage limitations, for
the following authorized strength of the Regular Army in general
officers on the active list:
Under section 208(e) of the National Security Act of 1947 (5 U.S.C.
626c(e)), allocations of those authorized strengths were made between
the Army and the Air Force as follows:
After the enactment of the Officer Personnel Act of 1947, section 308
of the Army Organization Act of 1950 (10:61-1) provided for an Assistant
Judge Advocate General and three brigadier generals in the Judge
Advocate General's Corps of the Army. The creation of these four
general officer spaces served to increase the mentioned authorized
strength figure from 357 to 361, and the figure 201 to 205. The opinion
of the Judge Advocate General of the Army (JAGA 1948/5806, 2 Sept. 1948)
is in accord with that conclusion.
The revised section reflects the authorized strength of the Regular
Air Force in general officers on the active list resulting from the
mentioned allocation to the Air Force.
That allocation, and those mentioned in the explanation of subsection
(c) below, have had the force of law since July 26, 1950, when the
period for transfers, including the administrative authority to change
these allocations, expired.
The word ''regular'' is substituted for the word ''permanent''
throughout the revised subsection.
In subsection (c), 10:506a(a) (1st proviso) is omitted, since there
is no authority to appoint to a regular grade above major general.
10:506a(a) (last 65 words of 2d proviso) is omitted as executed by the
declaration of a national emergency on December 16, 1950.
In subsection (c)(1), the figures ''4'' and ''2'' result from the
allocation of the original figures ''16'' and ''8''.
In subsection (c)(2), the figure ''1'' results from the allocation of
the original figures ''4'' and ''2''.
In subsection (c)(3), the figure ''1'' results from the allocation of
the original figures ''2'' and ''1''. (The major general was allocated
to the Army, the brigadier general to the Air Force.)
In subsection (c)(4), the figures ''150'' and ''75'' result from the
allocation of the original figures ''334'' and ''167''. That allocation
corresponds to the allotment made by the Secretary of War between the
Air Corps and the Army exclusive of the Air Corps, the Medical
Department, and the Chaplains, under 10: 506a(a) (3d proviso). That
proviso is omitted as executed.
In subsection (e), the words ''by law to hold any civil office under
the United States'' are substituted for the words ''by Acts of Congress
to hold appointments in the Diplomatic or Consular Service of the
Government or to hold any civil office under the Government''.
In subsection (a), the words ''Subject to section 8202(a) of this
title'' are substituted for 10 App.:506a(a)(2) (3d sentence).
1991 -- Subsec. (a). Pub. L. 102-190 substituted ''section 526'' for
''section 8202(a)''.
1980 -- Subsecs. (a), (c). Pub. L. 96-513 substituted ''active-duty
list'' for ''active list'' wherever appearing.
1958 -- Subsec. (a). Pub. L. 85-861 inserted ''Subject to section
8202(a) of this title,'' before ''the'', and struck out provisions which
excluded the number of commissioned officers on the active list
authorized by former subsec. (b) of this section and medical service
officers.
Subsec. (b). Pub. L. 85-861 redesignated subsec. (d) as (b), and
struck out former subsec. (b) which prescribed the authorized strength
of general officers as medical, dental, and veterinary officers, and as
chaplains.
Subsec. (c). Pub. L. 85-861 redesignated subsec. (e) as (c), and
struck out former subsec. (c) which prescribed the maximum number of
general officers for the active list of the Regular Air Force.
Subsecs. (d), (e). Pub. L. 85-861 redesignated subsecs. (d) and (e)
as (b) and (c), respectively.
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 ( 8211. Repealed. Pub. L. 96-513, title II, 202, Dec. 12,
1980, 94 Stat. 2878)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 501; Sept. 2,
1958, Pub. L. 85-861, 1(162), 72 Stat. 1514, prescribed the
authorized strength of the Regular Air Force in officers in each regular
grade on each of the promotion lists authorized by section 8296 of this
title. See section 521 et seq. of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8212. Air Reserve; Air National Guard of the United States:
strength in grade; temporary increases
TITLE 10 -- ARMED FORCES
The authorized strength in any reserve grade, as prescribed under
this chapter, is automatically increased to the minimum extent necessary
to give effect to each appointment made in that grade under section
1211(a), 8365(a) and (c), 8366(a) and (d), 8375, 8376, 8380, or 8381 of
this title. 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 those sections, may be
made in that grade.
(Aug. 10, 1956, ch. 1041, 70A Stat. 501; Aug. 21, 1957, Pub. L.
85-155, title III, 301(3), 71 Stat. 386; Sept. 2, 1958, Pub. L.
85-861, 1(163), 72 Stat. 1515; June 30, 1960, Pub. L. 86-559, 1(48),
74 Stat. 275; Dec. 12, 1980, Pub. L. 96-513, title V, 504(8), 94 Stat.
2916.)
The revised section consolidates various provisions permitting
''temporary'' strengths in grade in excess of authorized strengths. The
second sentence of the revised section clarifies the meaning of the word
''temporary'' heretofore used in this connection. Reference is made to
section 1211(a) of this title to reflect the authority contained in that
section.
The revised section consolidates various provisions permitting
''temporary'' strengths in grade in excess of authorized strengths. The
reference to sections 8365, 8366, 8375, 8376, 8380, and 8381, all of
which are in chapter 837 of this title, is limited to those sections to
reflect the opinion of the Judge Advocate General of the Air Force (OP.
JAGAF 82-53.1, 8 Mar. 1956) holding that 50:1333(b) applies only to the
mandatory promotion system set out in those sections.
After 10:541 becomes effective (see section 52(a) of the Act of
August 10, 1956, ch. 1041 (70A Stat. 641)), it will cover the
appointment of graduates of a service academy of one armed force in any
other armed force. Before that time, appointments in the Air Force of
graduates of the United States Military Academy or the United States
Naval Academy are governed by agreement between the armed forces
concerned. Appointments in the Air Force of graduates of the United
States Air Force Academy are already covered by the reference to section
9353.
1980 -- Pub. L. 96-513 substituted ''Air Reserve; Air National
Guard of the United States: strength in grade; temporary increases''
for ''Regular Air Force; Air Force Reserve; Air National Guard of the
United States: strength in grade; temporary increases'' as section
catchline and, in text, struck out in first sentence, reference to
regular grade, and references to sections 541, 8298, 8299, and 9353 of
this title.
1960 -- Pub. L. 86-559 substituted ''8370(a) or (c), 8372(b) (except
for the grade of colonel), 8374 (except for the grade of colonel), 8375,
8376 (except for general officer grades), 8380, 8381, or 9353, of this
title to the extent necessary to allow the appointment of reserve
officers, in grades not above lieutenant colonel, to fill prescribed
mobilization or active duty requirements'' for ''8375, 8376, 8380, 8381,
or 9353, of this title'', and inserted ''or not to fill one of those
requirements'' after ''not under those sections''.
1958 -- Pub. L. 85-861 inserted ''Air Force Reserve; Air National
Guard of United States'' in section catchline, and included authorized
strength in reserve grades, and appointments made under sections 541,
8365(a), (c), 8366(a), (d), 8375, 8376, 8380 and 8381 of this title.
1957 -- Pub. L. 85-155 eliminated reference to appointments made
under section 8304 of this title.
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 1(48) of Pub. L. 86-559, as amended by Pub. L. 88-620, 1,
Oct. 3, 1964, 78 Stat. 999, provided that the amendment made by that
section is effective only until July 1, 1965.
Pub. L. 90-168, 5, Dec. 1, 1967, 81 Stat. 526, provided that from
Dec. 1, 1967, through June 30, 1969, appointments and promotions were
to be made without regard to the authorized strength in grade prescribed
by or under chapter 831 of title 10, United States Code, to fill
vacancies in units of the Air National Guard and in units organized to
serve as units in the Air Force Reserve, but could be made as follows.
Before July 1, 1968, in the Air National Guard, 250 in the grade of
lieutenant colonel and 340 in the grade of major, and in the Air Force
Reserve, 270 in the grade of lieutenant colonel and 240 in the grade of
major. After June 30, 1968, in the Air National Guard, 220 in the grade
of lieutenant colonel and 300 in the grade of major, and in the Air
Force Reserve, 125 in the grade of lieutenant colonel and 175 in the
grade of major.
Section 14 of Pub. L. 85-861, Sept. 2, 1958, 72 Stat. 1557,
provided that: ''The authorized strength in any grade in the Regular
Air Force is automatically increased to the minimum extent necessary to
give effect to each appointment as a second lieutenant in the Regular
Air Force, before the effective date of section 541 of title 10, United
States Code, of any graduate of the United States Military Academy or
the United States Naval Academy. 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 (section
14 of Pub. L. 85-861) or under section 8212 of that title (this
section), may be made in that grade.''
10 USC ( 8213 to 8215. Repealed. Pub. L. 96-513, title II, 202, Dec.
12, 1980, 94 Stat. 2878)
TITLE 10 -- ARMED FORCES
Section 8213, act Aug. 10, 1956, ch. 1041, 70A Stat. 501,
prescribed authorized strength of Regular Air Force in warrant officers
on active list.
Section 8214, acts Aug. 10, 1956, ch. 1041, 70A Stat. 501; Sept.
2, 1958, Pub. L. 85-861, 1(159), 72 Stat. 1514, prescribed authorized
strength of Regular Air Force in enlisted members on active duty,
exclusive of officer candidates and aviation cadets.
Section 8215, acts Aug. 10, 1956, ch. 1041, 70A Stat. 502; Nov.
8, 1967, Pub. L. 90-130, 1(26)(E), (F), 81 Stat. 382, prescribed
authorized strength of Regular Air Force in female warrant officers on
active list.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8217. Reserves: commissioned officers in an active status
TITLE 10 -- ARMED FORCES
The authorized strength of the Air Force in reserve commissioned
officers in an active status is 200,000. However, a higher authorized
strength may be prescribed to meet mobilization requirements or to
permit increases otherwise required by or resulting from the operation
of any law.
(Added Pub. L. 85-861, 1(164)(A), Sept. 2, 1958, 72 Stat. 1515.)
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8218. Reserves: strength in grade; general officers in an
active status
TITLE 10 -- ARMED FORCES
The authorized strength of the Air Force in reserve general officers
in an active status, exclusive of those serving as adjutants general or
assistant adjutants general of a State or Territory, Puerto Rico, or the
District of Columbia, those serving in the National Guard Bureau, and
those counted under section 526 of this title, is 157.
(Added Pub. L. 85-861, 1(164)(A), Sept. 2, 1958, 72 Stat. 1515;
amended Pub. L. 96-107, title III, 302(d), Nov. 9, 1979, 93 Stat. 806;
Pub. L. 100-456, div. A, title XII, 1234(a)(1), Sept. 29, 1988, 102
Stat. 2059; Pub. L. 102-190, div. A, title X, 1061(a)(23)(B), Dec. 5,
1991, 105 Stat. 1473.)
The words ''reserve general officers in an active status'' are
substituted for the words ''Reserve officers of the Air Force in an
active status in general officer grades''.
1991 -- Pub. L. 102-190 substituted ''section 526'' for ''section
8202''.
1988 -- Pub. L. 100-456 struck out ''the Canal Zone,'' after
''Puerto Rico,''.
1979 -- Pub. L. 96-107 inserted provisions excluding those officers
counted under section 8202 of this title.
Adjutants general and assistant adjutants general, reference as
applicable to other officers of National Guard, see section 281 of this
title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8219. Reserves: strength in grade; commissioned officers in
grades below brigadier general in an active status
TITLE 10 -- ARMED FORCES
(a) Subject to subsection (b), the authorized strength of the Air
Force in reserve commissioned officers in an active status in each grade
below brigadier general is as prescribed by the Secretary of the Air
Force. A vacancy in any grade may be filled by an authorized
appointment in any lower grade.
(b) A strength prescribed by the Secretary under subsection (a) may
not be higher than the percentage of the authorized strength fixed for
the grade by the following table:
(Added Pub. L. 85-861, 1(164)(A), Sept. 2, 1958, 72 Stat. 1515.)
In subsection (a), 50:1333(a) (last sentence) is omitted as
surplusage, since the term ''authorized strength'' is defined as only a
maximum strength by section 101(21) of this title. The word
''authorized'' is inserted before the word ''appointment'' to make it
clear that this section does not itself authorize original appointments
or promotions.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8221. Air Force Reserve
TITLE 10 -- ARMED FORCES
(a) Whenever the authorized strength of the Air Force Reserve is not
prescribed by law, it shall be prescribed by the President.
(b) Subject to the authorized strength of the Air Force Reserve, the
authorized strength of the Air Force Reserve in members in each grade is
that which the Secretary of the Air Force determines to be necessary to
provide for mobilization requirements. The Secretary shall review those
determinations at least once each year and revise them if he considers
it necessary. However, no member of the Air Force Reserve may be
reduced in his reserve grade, without his consent, as a result of such a
determination.
(Aug. 10, 1956, ch. 1041, 70A Stat. 502.)
In subsection (b), the words ''authorized strength * * * in members
in each grade'' are substituted for the words ''the numbers of officers
and enlisted personnel authorized in the various ranks, grades, and
ratings''. The word ''planned'' is omitted as surplusage. The words
''at least once each year'' are substituted for the words ''not less
than once annually''. The words ''without his consent'' are substituted
for the word ''involuntary''. The words ''his reserve grade'' are
substituted for the words ''permanent rank, grade, or rating''.
Regulations to carry out this section, see section 280 of this title.
10 USC 8222. Air Force Reserve, exclusive of members on active duty
TITLE 10 -- ARMED FORCES
The authorized strength of the Air Force Reserve, exclusive of
members who are included in the strength authorized for members of the
Air Force on active duty is 500,000.
(Aug. 10, 1956, ch. 1041, 70A Stat. 502; Dec. 12, 1980, Pub. L.
96-513, title V, 504(9), 94 Stat. 2916.)
The exclusion clause is substituted for 10:20s(d) (last 43 words of
1st sentence). The words ''officers, warrant officers, and enlisted
persons'' are omitted as surplusage.
1980 -- Pub. L. 96-513 substituted ''in the strength authorized for
members of the Air Force'' for ''in the strength of 502,000 authorized
in section 8201(a) of this title for members of the Air Force''.
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 8223. Air Force Reserve: warrant officers
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may prescribe the authorized strength
of the Air Force Reserve in warrant officers.
(Aug. 10, 1956, ch. 1041, 70A Stat. 502.)
So much of 10:20s(d) (last sentence) as relates to the authority to
appoint warrant officers is omitted as covered by section 597 of this
title.
10 USC 8224. Air National Guard of United States
TITLE 10 -- ARMED FORCES
(a) Whenever the authorized strength of the Air National Guard of the
United States is not prescribed by law, it shall be prescribed by the
President.
(b) Subject to the authorized strength of the Air National Guard of
the United States, the authorized strength of the Air National Guard of
the United States in members in each grade is that which the Secretary
of the Air Force determines to be necessary to provide for mobilization
requirements. The Secretary shall review those determinations at least
once each year and revise them if he considers it necessary. However,
no member of the Air National Guard of the United States may be reduced
in his reserve grade, without his consent, as a result of such a
determination.
(Aug. 10, 1956. ch. 1041, 70A Stat. 502.)
Subsection (a) is substituted for 50:923 (as applicable to
50:922(e)).
In subsection (b), the words ''authorized strength * * * in members
in each grade'' are substituted for the words ''the numbers of officers
and enlisted personnel authorized in the various ranks, grades, and
ratings''. The word ''planned'' is omitted as surplusage. The words
''at least once each year'' are substituted for the words ''not less
than once annually''. The words ''without his consent'' are substituted
for the word ''involuntarily''. The words ''his reserve grade'' are
substituted for the words ''permanent rank, grade, or rating''.
Regulations to carry out this section, see section 280 of this title.
10 USC 8225. Air National Guard and Air National Guard of United
States, exclusive of members on active duty
TITLE 10 -- ARMED FORCES
The authorized strength of the Air National Guard and the Air
National Guard of the United States, exclusive of members who are
included in the strength authorized for members of the Air Force on
active duty, is 150,000. The strength authorized by this section shall
be allocated among the States and Territories, Puerto Rico, and the
District of Columbia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 503; Dec. 12, 1980, Pub. L.
96-513, title V, 504(9), 94 Stat. 2916; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(a)(1), 102 Stat. 2059.)
The exclusion clause is substituted for 10:20s(c) (last 34 words).
1988 -- Pub. L. 100-456 struck out ''the Canal Zone,'' after
''Puerto Rico,''.
1980 -- Pub. L. 96-513 substituted ''in the strength authorized for
members of the Air Force'' for ''in the strength of 502,000 authorized
in section 8201(a) of this title for members of the Air Force''.
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.
For average strength of Selected Reserve of each Reserve component
for each fiscal year, see note set out under section 261 of this title.
10 USC ( 8230. Repealed. Pub. L. 96-513, title II, 232, Dec. 12,
1980, 94 Stat. 2886)
TITLE 10 -- ARMED FORCES
Section, added Pub. L. 85-861, 1(164)(B), Sept. 2, 1958, 72 Stat.
1515, provided that members of the Air Force who are detailed for any
duty with agencies of the United States outside the Department of
Defense on a reimbursable basis not be counted in computing strengths
under any law.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC CHAPTER 833 -- ENLISTMENTS
TITLE 10 -- ARMED FORCES
Sec.
8251. Definition.
8252. Regular Air Force: gender-free basis for acceptance of
original enlistments.
8253. Air Force: persons not qualified.
(8254 to 8256. Repealed.)
8257. Regular Air Force: aviation cadets; qualifications, grade,
limitations.
8258. Regular Air Force: reenlistment after service as an officer.
8259. Air Force Reserve: transfer from Air National Guard of United
States.
8260. Air Force Reserve: transfer to upon withdrawal as member of
Air National Guard.
8261. Air National Guard of United States.
(8262, 8263. Repealed.)
1988 -- Pub. L. 100-456, div. A, title V, 522(a)(2), Sept. 29,
1988, 102 Stat. 1973, added item 8252.
1968 -- Pub. L. 90-235, 2(a)(4)(C), Jan. 2, 1968, 81 Stat. 756,
struck out item 8252 ''Temporary enlistments'', item 8254 ''Air Force:
during war or emergency'', item 8255 ''Regular Air Force: recruiting
campaigns'', item 8256 ''Regular Air Force: qualifications, term,
grade'', item 8262 ''Extension of enlistment for members needing medical
care or hospitalization'', and item 8263 ''Voluntary extension of
enlistment''.
1958 -- Pub. L. 85-861, 1(166)(C), (D), Sept. 2, 1958, 72 Stat.
1516, struck out '': enlistment'' after ''United States'' in item 8261,
and added item 8263.
Appointment of enlisted members to cadetships at the Air Force
Academy, see section 9342 of this title.
Articles of Military Code to be explained, see section 937 of this
title.
Detail of members of Air Force as students, observers, and
investigators, see section 9301 of this title.
Fraudulent or unlawful enlistment, punishment, see sections 883, 884
of this title.
Oath of enlistment, see section 502 of this title.
10 USC 8251. Definition
TITLE 10 -- ARMED FORCES
In this chapter, the term ''enlistment'' means original enlistment or
reenlistment.
(Aug. 10, 1956, ch. 1041, 70A Stat. 503; Dec. 4, 1987, Pub. L.
100-180, div. A, title XII, 1231(19)(A), 101 Stat. 1161.)
The revised section is inserted for clarity.
1987 -- Pub. L. 100-180 inserted '', the term'' after ''In this
chapter''.
Pub. L. 98-525, title V, 551(a), Oct. 19, 1984, 98 Stat. 2530, as
amended by Pub. L. 99-661, div. A, title V, 504, Nov. 14, 1986, 100
Stat. 3864; Pub. L. 100-180, div. A, title V, 506, Dec. 4, 1987,
101 Stat. 1086, which required the Secretary of the Air Force to
provide that of all persons originally enlisting in the Regular Air
Force during fiscal year 1989, not less than 22 percent be women, was
repealed by Pub. L. 100-456, div. A, title V, 522(d), Sept. 29,
1988, 102 Stat. 1974. See section 8252 of this title.
10 USC 8252. Regular Air Force: gender-free basis for acceptance of
original enlistments
TITLE 10 -- ARMED FORCES
In accepting persons for original enlistment in the Regular Air
Force, the Secretary of the Air Force may not --
(1) set a minimum or maximum percentage of persons who may be
accepted for such an enlistment according to gender for skill categories
or jobs; or
(2) in any other way base the acceptance of a person for such an
enlistment on gender.
(Added Pub. L. 100-456, div. A, title V, 522(a)(1), Sept. 29, 1988,
102 Stat. 1973; amended Pub. L. 102-484, div. A, title X, 1052(40),
Oct. 23, 1992, 106 Stat. 2501.)
A prior section 8252, act Aug. 10, 1956, ch. 1041, 70A Stat. 503,
which provided that temporary enlistments could be made only in the Air
Force without specification of component, was repealed by Pub. L.
90-235, 2(a)(4)(B), Jan. 2, 1968, 81 Stat. 756.
1992 -- Pub. L. 102-484 substituted ''In'' for ''(a) Except as
provided in subsection (b), in'' and struck out subsec. (b) which read
as follows: ''Subsection (a) shall not apply with respect to an
enlistment specified as being for training leading to designation in a
skill category involving duty assignments to which, under section 8549
of this title, female members of the Air Force may not be assigned.''
Section 522(c) of Pub. L. 100-456 provided that: ''Such section (10
U.S.C. 8252) shall apply with respect to persons accepted for original
enlistment in the Regular Air Force after September 30, 1989.''
Section 522(b) of Pub. L. 100-456 provided that: ''The Secretary of
the Air Force shall develop a methodology for implementing section 8252
of title 10, United States Code, as added by subsection (a), not later
than October 1, 1989.''
10 USC 8253. Air Force: persons not qualified
TITLE 10 -- ARMED FORCES
In time of peace, no person may be accepted for original enlistment
in the Air Force unless he is a citizen of the United States or has been
lawfully admitted to the United States for permanent residence under the
applicable provisions of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(Aug. 10, 1956, ch. 1041, 70A Stat. 503; Aug. 17, 1961, Pub. L.
87-143, 1(2), 75 Stat. 364; Jan. 2, 1968, Pub. L. 90-235, 2(a)(4)(A),
81 Stat. 756; Dec. 12, 1980, Pub. L. 96-513, title V, 514(2), 94 Stat.
2935.)
In subsection (a), the words ''an armed force'' are substituted for
the words ''the military service of the United States''. The words
''and no person'' are omitted as surplusage. The last sentence is
substituted for 10:622 (proviso). The words ''by regulations or
otherwise'' are omitted, since the Secretary has inherent authority to
issue regulations appropriate to exercising his statutory functions.
Since the authority to enlist deserters ''in meritorious cases'',
granted to the Secretary by 10:622 is equivalent to or broader than his
authority to do so under 10:624, the applicability of 10:624 to 10:622
is omitted as surplusage.
In subsection (b), the word ''soldier'', in 10:623, is omitted as
covered by the word ''person''. The last sentence is substituted for
10:624.
In subsections (b) and (c), the first 15 words and the proviso of
section 2 of the Act of August 1, 1894, ch. 179, 28 Stat. 216, are not
contained in 10:623 or 625. They are also omitted from the revised
section, since the first 15 words are superseded by section 8256(a) of
this title, and the proviso is executed.
In subsection (c), the words ''(except an Indian)'', in section 2 of
the Act of August 1, 1894, ch. 179, 28 Stat. 216, are not contained in
10:625. They are also omitted from the revised section, since section
201(b) of the Act of October 14, 1940, ch. 876, 54 Stat. 1138 (8
U.S.C. 601), provides that Indians are citizens and nationals of the
United States. The words ''may be accepted for original'' are
substituted for the words ''shall be enlisted for the first''.
The Immigration and Nationality Act, referred to in text, 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 -- Pub. L. 96-513 substituted ''the Immigration and Nationality
Act (8 U.S.C 1101 et seq.)'' for ''chapter 12 of title 8''.
1968 -- Pub. L. 90-235 struck out provisions formerly set out as
subsec. (a) disqualifying insane persons, intoxicated persons,
deserters and convicted felons from service in the Air Force, and
provisions formerly set out as subsec. (b) disqualifying from
reenlistment in the Air Force persons whose service during their last
term of enlistment was not honest and faithful, and redesignated as
entire section provisions formerly set out as subsec. (c).
1961 -- Subsec. (c). Pub. L. 87-143 substituted ''a citizen of the
United States or has been lawfully admitted to the United States for
permanent residence under the applicable provisions of chapter 12 of
title 8'' for '', or has made a legal declaration of intention to
become, a citizen 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.
Within Which To Enlist
For authorization, notwithstanding sections 3253 and 8253 of this
title, of a citizen of the Northern Mariana Islands to enlist in the
Armed Forces of the United States upon meeting certain requirements and
for termination of the enlistment period, see Pub. L. 96-351, Sept.
15, 1980, 94 Stat. 1161, set out as a note under section 3253 of this
title.
Nationality and naturalization, see section 1401 et seq. of Title 8,
Aliens and Nationality.
Naturalization through service in armed forces, see sections 1439 and
1440 of Title 8.
Persons effecting unlawful enlistment, punishment, see section 884 of
this title.
10 USC ( 8254 to 8256. Repealed. Pub. L. 90-235, 2(a) (4)(B), Jan.
2, 1968, 81 Stat. 756)
TITLE 10 -- ARMED FORCES
Section 8254, act Aug. 10, 1956, ch. 1041, 70A Stat. 503, provided
for temporary enlistments in Air Force during war or emergency.
Section 8255, act Aug. 10, 1956, ch. 1041, 70A Stat. 504, provided
for recruiting campaigns to obtain enlistments in Regular Air Force.
Section 8256, act Aug. 10, 1956, ch. 1041, 70A Stat. 504, set
forth qualifications for and term of enlistments in Regular Air Force
and grade in which such enlistments were made.
in Status; Discharge
Members of Air Force serving under enlistments for unspecified
periods on Jan. 2, 1968, continued in that status and discharged in
accordance with laws applicable on Jan. 1, 1968, see section 3(c) of
Pub. L. 90-235, set out as a note under section 3256 of this title.
10 USC 8257. Regular Air Force: aviation cadets; qualifications,
grade, limitations
TITLE 10 -- ARMED FORCES
(a) The grade of aviation cadet is a special enlisted grade in the
Regular Air Force.
(b) Any citizen of the United States may be enlisted as an aviation
cadet, if he is otherwise qualified.
(c) Any enlisted member of the Regular Air Force who is otherwise
qualified may be designated, with his consent, as an aviation cadet by
the Secretary of the Air Force.
(d) Except in time of war or of emergency declared by Congress, at
least 20 percent of the aviation cadets designated in each fiscal year
shall be selected from members of the Regular Air Force or the Regular
Army who are eligible and qualified. No person may be enlisted or
designated as an aviation cadet unless --
(1) he agrees in writing that, upon his successful completion of the
course of training as an aviation cadet, he will accept a commission as
second lieutenant in the Air Force Reserve, and will serve on active
duty as such for a period of three years, unless sooner released; and
(2) if under 21 years of age, he has the consent of his parent or
guardian to his agreement.
(e) While on active duty, an aviation cadet is entitled to uniforms,
clothing, and equipment at the expense of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 504; Sept. 2, 1958, Pub. L.
85-861, 33(a)(37), 72 Stat. 1566; Dec. 12, 1980, Pub. L. 96-513, title
II, 237, 94 Stat. 2887.)
In subsection (b), the words ''Under such regulations as the
Secretary of the Army may prescribe'' are omitted, since the Secretary
has inherent authority to issue regulations appropriate to exercising
his statutory functions.
In subsection (c), the words ''who is otherwise qualified'' and
''with his consent'' are substituted for 10: 291f-2 (less 1st 55 words
of 1st proviso).
In subsection (d), the first sentence is substituted for 10:291f-2
(proviso). The words ''after June 13, 1940'' (the date of enactment of
the source statute) are substituted for the word ''hereafter'', in
10:291f-2. The words ''after June 13, 1949'', in 10:291f-2, are omitted
as executed. The first 17 words of the last sentence are substituted
for 10:299 (1st 20 words of 2d sentence). Clause (2) is substituted for
10:299 (proviso of 2d sentence).
The new subsection (e) is necessary to reflect the last 11 words of
the second sentence of section 4 of the Army Aviation Cadet Act
(formerly 10 U.S.C. 304), which were omitted from the original military
codification act, the Act of August 10, 1956, chapter 1041, as part of
the source law for section 20(b) of that Act (70A Stat. 627). See
Senate Report No. 2484, 84th Congress, 2d Session, page 738. Since the
source law did not permit the payment of a money allowance to an
aviation cadet in place of the issuance of uniforms, clothing, and
equipment, as may be done for enlisted members generally, it is
necessary to restate this provision separately. See Opinion of the
Deputy General Counsel, Department of Defense, May 29, 1957.
1980 -- Subsec. (b). Pub. L. 96-513 substituted ''Any citizen'' for
''Any male citizen''.
Subsec. (c). Pub. L. 96-513 substituted ''Any enlisted member'' for
''Any male enlisted member''.
1958 -- Subsec. (e). Pub. L. 85-861 added subsec. (e).
Amendment by 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 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 8258. Regular Air Force: reenlistment after service as an
officer
TITLE 10 -- ARMED FORCES
(a) Any former enlisted member of the Regular Air Force who has
served on active duty as a reserve officer of the Air Force, or who was
discharged as an enlisted member to accept a temporary appointment as an
officer of the Air Force, is entitled to be reenlisted in the Regular
Air Force in the enlisted grade that he held before his service as an
officer, without loss of seniority or credit for service, regardless of
the existence of a vacancy in his grade or of a physical disability
incurred or having its inception in line of duty, if (1) his service as
an officer is terminated by an honorable discharge or he is relieved
from active duty for a purpose other than to await appellate review of a
sentence that includes dismissal or dishonorable discharge, and (2) he
applies for reenlistment within six months (or such other period as the
Secretary of the Air Force prescribes for exceptional circumstances)
after termination of that service.
(b) A person is not entitled to be reenlisted under this section if
--
(1) the person was discharged or released from active duty as a
Reserve officer on the basis of a determination of --
(A) misconduct;
(B) moral or professional dereliction;
(C) duty performance below prescribed standards for the grade held;
or
(D) retention being inconsistent with the interests of national
security; or
(2) the person's former enlisted status and grade was based solely on
the participation by that person in a precommissioning program that
resulted in the Reserve commission held by that person during the active
duty from which the person was released or discharged.
(Aug. 10, 1956, ch. 1041, 70A Stat. 505; Aug. 8, 1958, Pub. L.
85-603, 1(3), 72 Stat. 526; Oct. 23, 1992, Pub. L. 102-484, div. A,
title V, 520(b), 106 Stat. 2409.)
The words ''former'' and ''as an enlisted member'' are inserted for
clarity. The words ''credit for service'' are substituted for the words
''of service''. The words ''in his grade'' are substituted for the
words ''in the appropriate enlisted grade''. The words ''he applies''
are substituted for the words ''application * * * shall be made''. The
words ''Hereafter'' and ''while on active duty'' are omitted as
surplusage.
1992 -- Pub. L. 102-484 designated existing provisions as subsec.
(a), added subsec. (b), and struck out at end of subsec. (a)
''However, if his service as an officer terminated by a general
discharge, he may, under regulations to be prescribed by the Secretary
of the Air Force, be so reenlisted.''
1958 -- Pub. L. 85-603 limited entitlement to be reenlisted in
enlisted grade to those officers whose service terminated by an
honorable discharge and those relieved from active duty for a purpose
other than to await appellate review of a sentence that includes
dismissal or dishonorable discharge, and provided that persons whose
service terminated by a general discharge, may, under regulations to be
prescribed by the Secretary of the Air Force, be so reenlisted.
Amendment by Pub. L. 102-484 applicable to persons discharged or
released from active duty as commissioned officers in the Air Force
Reserve after Oct. 23, 1992, see section 520(c) of Pub. L. 102-484,
set out as a note under section 3258 of this title.
Service by enlisted member as an officer counted as enlisted service,
see section 8684 of this title.
10 USC 8259. Air Force Reserve: transfer from Air National Guard of
United States
TITLE 10 -- ARMED FORCES
Under such regulations as the Secretary of the Air Force may
prescribe, and 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, an enlisted member of the Air National
Guard of the United States may be transferred in grade to the Air Force
Reserve. Upon transfer, he is eligible for promotion to the highest
regular or reserve grade ever held by him in the Air Force, if his
service has been honorable.
(Aug. 10, 1956, ch. 1041, 70A Stat. 505; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(a)(1), 102 Stat. 2059.)
The words ''at any time'', in 50:1116 (1st sentence), and ''of any
person'' and ''from the National Guard of the United States or from the
Air National Guard of the United States'', in 50:1116 (2d sentence), are
omitted as surplusage. The words ''highest regular or reserve grade
ever held by him in the Air Force'' are substituted for the words
''Highest permanent grade previously held in * * * the Air Force or any
component thereof'', since ''permanent'' grades are held only as a
Regular or Reserve and there are no ''non-permanent'' grades held in a
component.
1988 -- Pub. L. 100-456 struck out ''the Canal Zone,'' after
''Puerto Rico,''.
Regulations to carry out this section, see section 280 of this title.
title 32 section 323.
10 USC 8260. Air Force Reserve: transfer to upon withdrawal as member
of Air National Guard
TITLE 10 -- ARMED FORCES
Unless discharged from his enlistment as a Reserve, an enlisted
member of the Air National Guard of the United States who ceases to be a
member of the Air National Guard becomes a member of the Air Force
Reserve. An enlisted member who so becomes a member of the Air Force
Reserve ceases to be a member of the Air National Guard of the United
States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 505.)
The words ''enlistment as a Reserve'' are substituted for the words
''enlistment as a * * * Reserve enlisted member''.
Regulations to carry out this section, see section 280 of this title.
10 USC 8261. Air National Guard of United States
TITLE 10 -- ARMED FORCES
(a) Except as provided in subsection (c), to become an enlisted
member of the Air National Guard of the United States, a person must --
(1) be enlisted in the Air National Guard;
(2) subscribe to the oath set forth in section 304 of title 32; and
(3) be a member of a federally recognized unit or organization of the
Air National Guard in the grade in which he is to be enlisted as a
Reserve.
(b) Under regulations to be prescribed by the Secretary of the Air
Force, a person who enlists or reenlists in the Air National Guard, or
whose term of enlistment or reenlistment in the Air National Guard is
extended, shall be concurrently enlisted or reenlisted, or his term of
enlistment or reenlistment shall be concurrently extended, as the case
may be, as a Reserve of the Air Force for service in the Air National
Guard of the United States.
(c) A member of the Air Force Reserve who enlists in the Air National
Guard in his reserve grade, and is a member of a federally recognized
unit or organization thereof, becomes a member of the Air National Guard
of the United States and ceases to be a member of the Air Force Reserve.
(Aug. 10, 1956, ch. 1041, 70A Stat. 505; Oct. 4, 1961, Pub. L.
87-378, 4, 75 Stat. 808.)
In subsection (a), the words ''To become an enlisted member of * * *
a person must'' are substituted for the words ''That no person shall
become an enlisted member * * * hereunder, unless he first''. The words
''in the grade in which he is to be enlisted as a Reserve'' are
substituted for the words ''in the same grade'' for clarity.
In subsections (a) and (b), the word ''duly'' is omitted as
surplusage.
1961 -- Subsec. (a). Pub. L. 87-378, 4(1), substituted ''subsection
(c)'' for ''subsection (b)''.
Subsecs. (b), (c). Pub. L. 87-378, 4(2), added subsec. (b) and
redesignated former subsec. (b) as (c).
For effective date of amendment by Pub. L. 87-378, see section 6 of
Pub. L. 87-378, set out as a note under section 3261 of this title.
Members of reserve components, qualifications, see section 510 of
this title.
Regulations to carry out this section, see section 280 of this title.
10 USC ( 8262, 8263. Repealed. Pub. L. 90-235, 2(a)(4)(B), Jan. 2,
1968, 81 Stat. 756)
TITLE 10 -- ARMED FORCES
Section 8262, acts Aug. 10, 1956, ch. 1041, 70A Stat. 506; Sept.
2, 1958, Pub. L. 85-861, 1(166)(A), 72 Stat. 1516, provided for
extension of enlistment of members of the Air Force needing medical care
or hospitalization.
Section 8263, added Pub. L. 85-861, 1(166)(B), Sept. 2, 1958, 72
Stat. 1516; Pub. L. 87-649, 14c(53), Sept. 7, 1962, 76 Stat. 501,
provided for voluntary extension of enlistments in the Air Force.
10 USC CHAPTER 835 -- APPOINTMENTS IN THE REGULAR AIR FORCE
TITLE 10 -- ARMED FORCES
Sec.
8281. Commissioned officer grades.
(8284 to 8309. Repealed.)
8310. Warrant officers: original appointment; qualifications.
(8312 to 8314. Repealed.)
1980 -- Pub. L. 96-513, title V, 504(10), Dec. 12, 1980, 94 Stat.
2916, struck out items 8284 ''Commissioned officers: appointment, how
made'', 8285 ''Commissioned officers: original appointment;
qualifications'', 8286 ''Commissioned officers: original appointment;
age limitations'', 8287 ''Commissioned officers: original appointment;
service credit'', 8288 ''Commissioned officers: original appointment;
determination of grade'', 8289 ''Commissioned officers: medical
officers; original appointment; professional examination'', 8293
''Commissioned officers; chaplains: original appointment;
examination'', 8294 ''Commissioned officers: medical and dental
officers: original appointment'', 8295 ''Commissioned officers:
original appointment; determination of place on promotion list'', 8296
''Promotion lists: promotion-list officer defined; determination of
place upon transfer or promotion'', 8297 ''Selection boards'', 8298
''Commissioned officers: promotion to first lieutenant; effect of
failure of promotion'', 8299 ''Commissioned officers: promotion to
captain, major, or lieutenant colonel'', 8300 ''Commissioned officers:
promotion to captain, major, or lieutenant colonel; selection board
procedure'', 8301 ''Commissioned officers: promotion to captain, major,
or lieutenant colonel; officers with special qualifications'', 8302
''Commissioned officers: medical, dental, and veterinary officers:
promotion to captain, major, or lieutenant colonel; professional
examination'', 8303 ''Commissioned officers: effect of failure of
promotion to captain, major, or lieutenant colonel'', 8305
''Commissioned officers: promotion to colonel'', 8306 ''Commissioned
officers: promotion to brigadier general'', 8307 ''Commissioned
officers: promotion to major general'', 8308 ''Commissioned officers:
effect of removal from recommended list by President or failure of
confirmation by Senate'', 8309 ''Commissioned officers: physical
examination for promotion'', 8312 ''Officers: acceptance of
promotion'', 8313 ''Suspension of laws for promotion or mandatory
retirement or separation during war or emergency'', and 8314
''Commissioned officers: promotion not be to delayed by another
appointment''.
1958 -- Pub. L. 85-861, 1(177)(B), 33(a)(38), Sept. 2, 1958, 72
Stat. 1520, 1566, substituted ''officers'' for ''Officers'' in item
8309, and added item 8314.
1957 -- Pub. L. 85-155, title III, 301(15), Aug. 21, 1957, 71
Stat. 388, struck out items 8291 ''Commissioned officers; Air Force
nurses and women medical specialists: original appointment; additional
qualifications, grade'' and 8304 ''Commissioned officers; Air Force
nurses and women medical specialists: promotion to first lieutenant,
captain, major, lieutenant colonel, or colonel''.
10 USC 8281. Commissioned officer grades
TITLE 10 -- ARMED FORCES
The commissioned grades in the Regular Air Force are:
(1) Major general.
(2) Brigadier general.
(3) Colonel.
(4) Lieutenant colonel.
(5) Major.
(6) Captain.
(7) First lieutenant.
(8) Second lieutenant.
(Aug. 10, 1956, ch. 1041, 70A Stat. 507.)
Rank, see section 741 of this title.
10 USC ( 8284 to 8289. Repealed. Pub. L. 96-513, title II, 204, Dec.
12, 1980, 94 Stat. 2880)
TITLE 10 -- ARMED FORCES
Section 8284, act Aug. 10, 1956, ch. 1041, 70A Stat. 507, provided
that appointments in commissioned grades in Regular Air Force be made by
President, by and with advice and consent of Senate. See section 531 of
this title.
Section 8285, acts Aug. 10, 1956, ch. 1041, 70A Stat. 507; Aug.
21, 1957, Pub. L. 85-155, title III, 301(4), 71 Stat. 386; Sept. 2,
1958, Pub. L. 85-861, 1(167), 72 Stat. 1516, prescribed eligibility
requirements for original appointment in a commissioned grade in Regular
Air Force, except designation as a medical or dental officer and except
a graduating cadet. See section 532 of this title.
Section 8286, acts Aug. 10, 1956, ch. 1041, 70A Stat. 507; Aug.
21, 1957, Pub. L. 85-155, title III, 301(5), 71 Stat. 386; Sept. 2,
1958, Pub. L. 85-861, 1(168), 72 Stat. 1517, prescribed age
limitations for original appointment in a commissioned grade in Regular
Air Force, except designation as a medical or dental officer or as an
Air Force nurse or medical specialist. See section 532 of this title.
Section 8287, acts Aug. 10, 1956, ch. 1041, 70A Stat. 508; Aug.
21, 1957, Pub. L. 85-155, title III, 301(6), 71 Stat. 386; Sept. 2,
1958, Pub. L. 85-861, 1(169), 72 Stat. 1517; Sept. 30, 1966, Pub.
L. 89-609, 1(28), 80 Stat. 854, provided service credit for a person
originally appointed in a commissioned grade in Regular Air Force, other
than a person appointed as a medical or dental officer, for purpose of
determining grade, position on a promotion list, seniority in his grade
in Regular Air Force, and eligibility for promotion, with appointment
and service credit restrictions on persons who were cadets at the United
States Air Force, Military, or Naval Academies but were not graduated,
and a disallowance of service credit under this section for persons who
graduated from one of these Academies. See section 533 of this title.
Section 8288, acts Aug. 10, 1956, ch. 1041, 70A Stat. 508; Aug.
2, 1957, Pub. L. 85-155, title III, 301(7), 71 Stat. 387; Sept. 2,
1958, Pub. L. 85-861, 1(170), 72 Stat. 1518, provided for
determination of grade of a person originally appointed as a
commissioned officer in Regular Air Force, other than persons appointed
as medical or dental officers. See section 533 of this title.
Section 8289, act Aug. 10, 1956, ch. 1041, 70A Stat. 509, provided
that no person be originally appointed as a first lieutenant in Regular
Air Force with a view to designation as a medical officer until he
passes an examination of his professional fitness before an examining
board composed of at least three medical officers designated by
Secretary of Air Force. See section 532 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 8291. Repealed. Pub. L. 85-155, title IV, 401(1), Aug. 21,
1957, 71 Stat. 390)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 509, related to
original appointments in Regular Air Force of nurses or woman medical
specialists, and prescribed qualifications for appointment as a nurse.
10 USC ( 8293 to 8303. Repealed. Pub. L. 96-513, title II, 204, Dec.
12, 1980, 94 Stat. 2880)
TITLE 10 -- ARMED FORCES
Section 8293, act Aug. 10, 1956, ch. 1041, 70A Stat. 509, provided
that no person in civil life be originally appointed as a chaplain in
Regular Air Force unless he has passed an examination prescribed by
President as to his moral, mental, and physical qualifications. See
section 532 of this title.
Section 8294, acts Aug. 10, 1956, ch. 1041, 70A Stat. 509; Sept.
2, 1958, Pub. L. 85-861, 1(173), 72 Stat. 1518, provided that
original appointments in Regular Air Force be made in grades of first
lieutenant through colonel for medical and dental officers as Air Force
requires, from qualified doctors of medicine, osteopathy, or dentistry
who are citizens of the United States and have such other qualifications
as Secretary of Air Force prescribes, with specific additional
eligibility requirements for a doctor of osteopathy, and that officers
so appointed receive service credit for determining grade, position on a
promotion list, seniority in grade in Regular Air Force, and eligibility
for promotion. See section 532 of this title.
Section 8295, acts Aug. 10, 1956, ch. 1041, 70A Stat. 510; Sept.
2, 1958, Pub. L. 85-861, 1(174), 72 Stat. 1519, provided for
determination of place on a promotion list of the name of each person
who is originally appointed in a commissioned grade in Regular Air Force
and whose name is carried on a promotion list, other than persons
appointed as medical or dental officers or as an Air Force nurse or
medical specialist. See section 624 of this title.
Section 8296, acts Aug. 10, 1956, ch. 1041, 70A Stat. 510; Aug.
6, 1958, Pub. L. 85-600, 1(16), 72 Stat. 523; Sept. 2, 1958, Pub.
L. 85-861, 1(156), (175), 72 Stat. 1513, 1519, provided for promotion
lists in Regular Air Force for all commissioned officers in grades below
brigadier general on active list, with exceptions, which officers are
known as ''promotion-list officers'', a separate list for chaplains,
judge advocates, medical officers, dental officers, veterinary officers,
medical service officers, Air Force nurses, Air Force medical
specialists, and any category established by Secretary of Air Force
under section 8067(i) of this title, and determination of place on list
upon transfer or promotion. See section 624 of this title.
Section 8297, acts Aug. 10, 1956, ch. 1041, 70A Stat. 510; Aug.
21, 1957, Pub. L. 85-155, title III, 301(8), 71 Stat. 387; July 12,
1960, Pub. L. 86-616, 6(1), 74 Stat. 391, provided for selection
boards to recommend promotion-list officers and brigadier generals of
Regular Air Force for promotion in Regular Air Force. See section 611
et seq. of this title.
Section 8298, acts Aug. 10, 1956, ch. 1041, 70A Stat. 511; Aug.
21, 1957, Pub. L. 85-155, title III, 301(9), title IV, 401(1), 71
Stat. 387, 390, provided for promotion from grade of second lieutenant
to first lieutenant after three years of service, discharge under
section 8814 of this title upon failure of promotion, and filling
vacancies for first lieutenants with second lieutenants, except Air
Force nurses and medical specialists, prior to completion of three years
of service. See section 630 of this title.
Section 8299, acts Aug. 10, 1956, ch. 1041, 70A Stat. 511; Aug.
21, 1957, Pub. L. 85-155, title III, 301(10), title IV, 401(1), 71
Stat. 387, 390; Sept. 2, 1958, Pub. L. 85-861, 33(a)(21), 72 Stat.
1565; Sept. 30, 1966, Pub. L. 89-609, 1(29), 80 Stat. 854; Nov. 8,
1967, Pub. L. 90-130, 1(27)(A), 81 Stat. 382, provided that
promotion-list officers be promoted to regular grades of captain, major,
and lieutenant colonel, after specified length of service or without
regard to length of service in view of actual or anticipated vacancies
if Secretary of Air Force so directs, or be eliminated from active list
under section 8303 of this title and a promotion-list officer who has
twice been considered and not recommended for promotion to any one
regular grade not be again considered for promotion under this section.
See sections 631 and 632 of this title.
Section 8300, acts Aug. 10, 1956, ch. 1041, 70A Stat. 513; Aug.
21, 1957, Pub. L. 85-155, title III, 301(11), 71 Stat. 388; July 12,
1960, Pub. L. 86-616, 6(2), 74 Stat. 391; Nov. 8, 1967, Pub. L.
90-130, 1(27)(B), 81 Stat. 382, provided for selection board procedure
when promotion-list officers in regular grade of first lieutenant,
captain, or major are to be considered for promotion under section 8299
of this title. See section 611 et seq. of this title.
Section 8301, acts Aug. 10, 1956, ch. 1041, 70A Stat. 513; Aug.
21, 1957, Pub. L. 85-155, title III, 301(12), 71 Stat. 388; Nov. 8,
1967, Pub. L. 90-130, 1(27)(C), 81 Stat. 382, provided for, in
addition to method prescribed in section 8300 of this title, promotion
to captain, major, or lieutenant colonel of officers with special
qualifications, whenever there are vacancies on Air Force promotion list
in regular grade of captain, major, or lieutenant colonel and Secretary
of Air Force considers that there are or will be too few officers in any
of those grades with special qualifications.
Section 8302, act Aug. 10, 1956, ch. 1041, 70A Stat. 513, related
to promotion to captain, major, or lieutenant colonel of commissioned
medical, dental, or veterinary officers in Regular Air Force upon
examination of professional fitness and effect upon failure of
promotion. See sections 631 and 632 of this title.
Section 8303, acts Aug. 10, 1956, ch. 1041, 70A Stat. 514; Aug.
21, 1957, Pub. L. 85-155, title III, 301(13), 71 Stat. 388; July 12,
1960, Pub. L. 86-616, 6(3), 74 Stat. 391; June 28, 1962, Pub. L.
87-509, 4(a), 76 Stat. 121; Nov. 8, 1967, Pub. L. 90-130, 1(27)(D),
81 Stat. 382, related to effect of failure of a promotion-list officer
considered for promotion to grade of captain, major, or lieutenant
colonel under section 8299 of this title to be recommended for
promotion, which officer was to be know as a ''deferred officer''. See
sections 631 and 632 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 8304. Repealed. Pub. L. 85-155, title IV, 401(1), Aug. 21,
1957, 71 Stat. 390)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 515, related to
promotion of Air Force nurses or women medical specialists to grades of
first lieutenant, captain, major, lieutenant colonel, or colonel.
10 USC ( 8305 to 8309. Repealed. Pub. L. 96-513, title II, 204, Dec.
12, 1980, 94 Stat. 2880)
TITLE 10 -- ARMED FORCES
Section 8305, acts Aug. 10, 1956, ch. 1041, 70A Stat. 516; Aug.
21, 1957, Pub. L. 85-155, title III, 301(14), 71 Stat. 388; Nov. 8,
1967, Pub. L. 90-130, 1(27)(E), 81 Stat. 382, related to promotion of
officers in regular grade of lieutenant colonel to grade of colonel.
See section 619 et seq. of this title.
Section 8306, act Aug. 10, 1956, ch. 1041, 70A Stat. 516, related
to promotion of officers in regular grade of colonel to grade of
brigadier general. See section 619 et seq. of this title.
Section 8307, act Aug. 10, 1956, ch. 1041, 70A Stat. 517, related
to promotion of officers in regular grade of brigadier general to grade
of major general. See section 619 et seq. of this title.
Section 8308, act Aug. 10, 1956, ch. 1041, 70A Stat. 518, related
to effect of removal from recommended list by President of name of any
promotion-list officer or brigadier general of Regular Air Force who in
President's opinion is not qualified for promotion or who is not
confirmed by Senate. See section 629 of this title.
Section 8309, act Aug. 10, 1956, ch. 1041, 70A Stat. 518, provided
that President prescribe a system of physical examination for all
commissioned officers of Regular Air Force in grades below brigadier
general to determine their fitness for promotion in Regular Air Force.
See section 624 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8310. Warrant officers: original appointment; qualifications
TITLE 10 -- ARMED FORCES
Original appointments as warrant officers in the Regular Air Force
shall be made from persons who have served on active duty at least one
year in the Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 518.)
The first sentence of section 4a of the act of June 3, 1916, cited
above, is omitted as superseded by section 8213 of this title. The
second sentence, less first nine words, of section 4a of that act, is
omitted as superseded by 10:591.
10 USC ( 8312 to 8314. Repealed. Pub. L. 96-513, title II, 204, Dec.
12, 1980, 94 Stat. 2880)
TITLE 10 -- ARMED FORCES
Section 8312, act Aug. 10, 1956, ch. 1041, 70A Stat. 519, provided
that an officer who is promoted in Regular Air Force is considered to
have accepted his promotion on date of order announcing it, unless he
expressly declines it, without need to take the oath of office upon
promotion if his service since last taking it has been continuous. See
section 626 of this title.
Section 8313, act Aug. 10, 1956, ch. 1041, 70A Stat. 519, provided
that in time of war or national emergency declared by Congress or
President, the President may suspend operation of any provision of law
relating to promotion, mandatory retirement, or separation of
commissioned officers of Regular Air Force. See section 644 of this
title.
Section 8314, added Pub. L. 85-861, 1(177)(A), Sept. 2, 1958, 72
Stat. 1519, provided that promotion to a higher grade of a commissioned
officer of Regular Air Force who is on a recommendation list awaiting
promotion not be withheld or delayed because of original appointment of
any other person to a commissioned grade in Regular Air Force and that
this section does not apply to appointments as medical or dental
officers or Air Force nurses or medical specialists. See section 624 of
this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC CHAPTER 837 -- APPOINTMENTS AS RESERVE OFFICERS
TITLE 10 -- ARMED FORCES
Sec.
8351. Officers: Air National Guard of United States.
8352. Officers: Air Force Reserve: transfer from Air National
Guard of United States.
8353. Commissioned officers: service credit upon original
appointment.
8354. Commissioned officers: appointment of warrant officers and
enlisted members of Air National Guard of United States; status.
(8355. Repealed.)
8356. Commissioned officers: Air Force Reserve; aviation cadets:
appointment; qualifications, grade.
8358. Commissioned officers: original appointment; service credit.
8359. Commissioned officers: original appointment; determination
of grade.
8360. Commissioned officers: promotion service.
8361. Commissioned officers: seniority for promotion purposes.
8362. Commissioned officers: selection boards.
8363. Commissioned officers: selection boards, general procedure.
8365. Commissioned officers: promotion to first lieutenant.
8366. Commissioned officers: promotion to captain, major, or
lieutenant colonel.
8367. Commissioned officers: promotion to captain, major, or
lieutenant colonel; selection board procedure.
8368. Commissioned officers: effect of failure of promotion to
captain, major, or lieutenant colonel.
(8370. Repealed.)
8371. Commissioned officers: Air Force Reserve; promotion to
colonel.
8372. Commissioned officers: Air Force Reserve; promotion;
officers with special qualifications.
8373. Commissioned officers: Air Force Reserve; promotion to
brigadier general and major general.
8374. Commissioned officers: promotion effective as of date of
Federal recognition.
8375. Commissioned officers: brigadier general or major general;
procedure on reassignment.
8376. Commissioned officers: promotion when serving in temporary
grade higher than reserve grade.
8377. Commissioned officers: effect of removal from recommended
list by President.
8378. Commissioned officers: promotion of officers removed from
active status.
8379. Commissioned officers: appointment in Air National Guard;
function of governor.
8380. Commissioned officers: promotion of reserve commissioned
officers on active duty and not on the active duty list.
8381. Commissioned officers: adjutants general and assistant
adjutants general.
8392. Commissioned officers: reserve grade of adjutants general and
assistant adjutants general.
8393. Commissioned officers: sea or foreign service not to be
required for promotion.
8394. Officers: acceptance of promotion.
8395. During war.
8396. Exclusion of officers on the active-duty list.
1983 -- Pub. L. 98-94, title X, 1015(b)(2), Sept. 24, 1983, 97
Stat. 668, substituted ''promotion of reserve commissioned officers on
active duty and not on the active duty list'' for ''status while serving
on active duty after promotion'' in item 8380.
1980 -- Pub. L. 96-513, title V, 504(11), Dec. 12, 1980, 94 Stat.
2916, as amended by Pub. L. 97-22, 10(a)(4), July 10, 1981, 95 Stat.
136, substituted ''service credit upon original appointment'' for
''appointment; service credit'' in item 8353, and added item 8396.
1967 -- Pub. L. 90-130, 1(28)(C), Nov. 8, 1967, 81 Stat. 382,
struck out item 8370 ''Commissioned officers: promotion of female
officers, nurses, and medical specialists.''
1964 -- Pub. L. 88-647, title III, 301(22), Oct. 13, 1964, 78
Stat. 1073, struck out item 8355 ''Commissioned officers; Air Force
Reserve: appointment; A. F. R. O. T. C. graduates''.
1958 -- Pub. L. 85-861, 1(179), Sept. 2, 1958, 72 Stat. 1531,
struck out ''Air Force Reserve'' after ''Commissioned officers'' and
inserted ''status'' after ''United States'' in item 8354, and added
items 8353, 8358 to 8363, 8365 to 8368, 8370 to 8381, 8392, and 8393.
10 USC 8351. Officers: Air National Guard of United States
TITLE 10 -- ARMED FORCES
(a) Upon being federally recognized, an officer of the Air National
Guard shall be appointed as a Reserve for service as a member of the Air
National Guard of the United States in the grade that he holds in the
Air National Guard. However, an officer of the Air Force Reserve who is
federally recognized as an officer of the Air National Guard becomes an
officer of the Air National Guard of the United States and ceases to be
an officer of the Air Force Reserve. The acceptance of an appointment
as a Reserve for service as a member of the Air National Guard of the
United States by an officer of the Air National Guard does not vacate
his office in the Air National Guard.
(b) When an officer of the Air National Guard to whom temporary
Federal recognition has been extended is appointed as a Reserve for
service as a member of the Air National Guard of the United States, his
appointment shall bear the date of the temporary recognition and shall
be considered to have been accepted and effective on that date.
(c) When the Air National Guard of the United States is ordered to
active duty, any officer of the Air National Guard who is not a Reserve
of the Air Force may be appointed by the President as a Reserve for
service as a member of the Air National Guard of the United States in
the grade that he holds in the Air National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 519.)
In subsection (a), the words ''as a Reserve'' are substituted for the
words ''as Reserve officers of the appropriate Armed Force of the United
States'' and ''as a Reserve officer of the Armed Force of the United
States concerned'' in 50:1113(b). The words ''federally recognized
appointments'' and ''in the same grade and branch'', in 50:1113(b), are
omitted as surplusage. The words ''those officers who do not hold
appointments as reserve officers of the appropriate Armed Force of the
United States'', in 50:1113(b), are omitted as covered by the second
sentence of the revised subsection.
In subsection (c), the words ''active duty'' are substituted for the
words ''active military service of the United States''. The words ''and
branch'' are omitted as surplusage. The words ''of the Air National
Guard of the United States'' are inserted for clarity.
Regulations to carry out this section, see section 280 of this title.
10 USC 8352. Officers; Air Force Reserve: transfer from Air National
Guard of United States
TITLE 10 -- ARMED FORCES
(a) Under such regulations as the Secretary of the Air Force may
prescribe, and 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, an officer of the Air National Guard
of the United States may be transferred in grade to the Air Force
Reserve.
(b) Unless discharged from his appointment as a Reserve, an officer
of the Air National Guard of the United States whose Federal recognition
as a member of the Air National Guard is withdrawn becomes a member of
the Air Force Reserve. An officer who so becomes a member of the Air
Force Reserve ceases to be a member of the Air National Guard of the
United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 520; Sept. 7, 1962, Pub. L.
87-651, title I, 126, 76 Stat. 514; Sept. 29, 1988, Pub. L. 100-456,
div. A, title XII, 1234(a)(1), 102 Stat. 2059.)
In subsection (a), the words ''at any time'', ''of any person'', and
''from the National Guard of the United States or from the Air National
Guard of the United States'' are omitted as surplusage. The words
''highest regular or reserve grade ever held by him in the Air Force''
are substituted for the words ''highest permanent grade previously held
in * * * the Air Force or any component thereof'', since ''permanent''
grades are held only in a component and there are no ''nonpermanent''
grades held in a component.
In subsection (b), the words ''appointment as a Reserve'' are
substituted for the words ''appointment or * * * as a Reserve officer
or''. The words ''whose Federal recognition as a member * * * is
withdrawn'' are substituted for the words ''ceases to hold a status as a
federally recognized member''.
The change reflects the implied repeal of the second sentence of
section 8352(a) by section 502(a) of the Reserve Officer Personnel Act
of 1954 (68 Stat. 1172).
1988 -- Subsec. (a). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,''.
1962 -- Subsec. (a). Pub. L. 87-651 struck out sentence which
provided that upon transfer, an officer is eligible for promotion to the
highest regular or reserve grade ever held by him in the Air Force, if
his service has been honorable.
Regulations to carry out this section, see section 280 of this title.
Reserve components: members; limitations on separation inapplicable
to transfers under this section, see section 1163 of this title.
10 USC 8353. Commissioned officers: service credit upon original
appointment
TITLE 10 -- ARMED FORCES
(a)(1) For the purpose of this chapter and chapter 863 of this title
and under regulations prescribed by the Secretary of Defense, a person
receiving an original appointment as a reserve commissioned officer in
the Air Force, or receiving a designation in or assignment to an officer
category in which advanced education or training or special experience
is required or will be directly used, shall be credited at the time of
such appointment, designation, or assignment with any service as a
commissioned officer, except service as a commissioned warrant officer,
that he performed as a regular officer on active duty or as a reserve
officer in an active status in any armed force, the National Oceanic and
Atmospheric Administration, or the Public Health Service before such
appointment, designation, or assignment.
(2) The Secretary of Defense shall prescribe regulations to authorize
the Secretary of the Air Force to limit the amount of prior commissioned
service with which a person may be credited under paragraph (1), or to
deny any such credit, in the case of a person who is credited with
constructive service under subsection (b).
(b)(1) Under regulations prescribed by the Secretary of Defense, the
Secretary of the Air Force shall credit a person who is receiving an
original appointment as a reserve commissioned officer in the Air Force
or a designation in or assignment to an officer category in which
advanced education or training or special experience is required or will
be directly used 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 designated in or assigned to
officer categories requiring such advanced education or an advanced
degree as a prerequisite for such 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 designation
or assignment as an officer in such health profession, if such advanced
education will be directly used by the Air Force.
(ii) Credit for experience in a health profession (other than
medicine or dentistry), if such experience will be directly used by the
Air Force.
(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 speciality required by the Air
Force.
(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 designated in or
assigned to such health profession 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 with a view to designation as a medical or dental officer.
(2) Except as authorized by the Secretary of the Air Force in
individual cases and under regulations prescribed by the Secretary of
Defense in the case of an officer appointed with a view to designation
as 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.
(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 or his designation in or assignment to an officer category in
which advanced education or training or special experience is required
or will be directly used.
(c) 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 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.
(d) If the Secretary of Defense determines that the number of
qualified judge advocates serving on active duty in the Air Force in
grades below major is critically below the number needed by the Air
Force in such grades, he may authorize the Secretary of the Air Force to
credit any person receiving an original appointment 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 and the date of rank of such person being
junior to that of all other officers of the same grade serving on active
duty.
(Added Pub. L. 85-861, 1(178)(A), Sept. 2, 1958, 72 Stat. 1520;
amended Pub. L. 86-559, 1(49), June 30, 1960, 74 Stat. 275; Pub. L.
96-513, title II, 205(b), Dec. 12, 1980, 94 Stat. 2882; Pub. L.
97-22, 7, July 10, 1981, 95 Stat. 131; Pub. L. 98-94, title X,
1007(c)(5), Sept. 24, 1983, 97 Stat. 662; Pub. L. 100-180, div. A,
title VII, 714(d), Dec. 4, 1987, 101 Stat. 1113.)
In subsection (a), the words ''For the purposes of chapters 837 and
863 of this title, a person who is appointed as a reserve commissioned
officer of the Air Force'' are substituted for 50:1191 (1st 28 words of
1st sentence).
In subsection (b), the words ''A person covered by subsection (a)''
are substituted for the words ''Any such person''. The words ''and for
the purposes of subsection (a)'' are substituted for the words ''for the
purpose of this chapter only''. The words ''for the purpose of or'' are
omitted as surplusage.
In subsection (c), the first 19 words are substituted for the words
''and a person * * * if appointed for assignment as an officer * * * in
a comparable assignment in another Armed Force''. The words ''may be''
are omitted as surplusage.
1987 -- Subsec. (b)(1)(B). Pub. L. 100-180 designated existing
provisions as cl. (i) and added cl. (ii).
1983 -- Pub. L. 98-94 substituted ''this chapter and chapter 863''
for ''chapters 837 or 863'' and inserted '', the National Oceanic and
Atmospheric Administration, or the Public Health Service''.
1981 -- Subsec. (a)(1). Pub. L. 97-22, 7(a)(1)-(4), substituted
''For the purpose of chapters 837 and 863 of this title and under
regulations prescribed by the Secretary of Defense, a person receiving
an original appointment as a reserve commissioned officer in the Air
Force, or receiving a designation in or assignment to an officer
category in which advanced education or training or special experience
is required or will be directly used, shall be credited at the time of
such appointment, designation, or assignment with any service as a
commissioned officer, except service as a commissioned warrant officer,
that he performed as a regular officer on active duty or as a reserve
officer in an active status in any armed force before such appointment,
designation, or assignment'' for ''For the purpose of chapters 337 and
363 of this title and under regulations prescribed by the Secretary of
Defense, a person receiving an original appointment as a reserve
commissioned officer in the Air Force shall be credited at the time of
such appointment with any service as a commissioned officer, except
service as a commissioned warrant officer, that he performed in an
active status in any armed force before such appointment''.
Subsec. (a)(2). Pub. L. 97-22, 7(a)(5), substituted ''with which a
person may be credited under paragraph (1), or to deny any such credit,
in the case of a person who is credited with constructive service'' for
''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''.
Subsec. (b)(1). Pub. L. 97-22, 7(b)(1), in provisions preceding
subpar. (A), inserted reference to a designation in or assignment to an
officer category in which advanced education or training or special
experience is required or will be directly used.
Subsec. (b)(1)(A). Pub. L. 97-22, 7(b)(2)-(4), substituted ''for
persons designated in or assigned to officer categories requiring such
advanced education or an advanced degree as a prerequisite for such
designation or assignment'' for ''for persons appointed in officer
categories requiring such advanced education or an advanced degree as a
prerequisite for appointment as a commissioned officer'' and ''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 of the Air Force
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, 7(b)(5), substituted ''designation
or assignment as an officer in such health profession'' for
''appointment as an officer''.
Subsec. (b)(1)(E). Pub. L. 97-22, 7(b)(6), substituted ''the person
being designated in or assigned to such health profession was admitted
to a professional school'' for ''the person being appointed was admitted
to a professional school''.
Subsec. (b)(3). Pub. L. 97-22, 7(c), substituted ''original
appointment of the officer or his designation in or assignment to an
officer category in which advanced education or training or special
experience is required or will be directly used'' for ''original
appointment of the officer''.
Subsec. (c). Pub. L. 97-22, 7(d), substituted ''while serving as a
commissioned officer (other than a warrant officer) on active duty or in
an active status'' for ''while serving in an active status'' in the
existing provisions and inserted sentence providing that, in the case of
an officer who completes advanced education or receives an advanced
degree while 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. (d). Pub. L. 97-22, 7(e), substituted ''with a view to
designation as a judge advocate'' for ''in the Judge Advocate General's
Corps''.
1980 -- Pub. L. 96-513 substituted ''service credit upon original
appointment'' for ''appointment; service credit'' in section catchline.
Subsec. (a). Pub. L. 96-513 substituted provision authorizing, under
regulations prescribed by the Secretary of Defense, a person receiving
an original appointment as a reserved commissioned officer in the Air
Force to be credited at the time of such appointment with any service as
a commissioned officer, except service as a commissioned warrant
officer, that he performed in an active status in any armed force before
such appointment and permitting the Secretary of Defense to prescribe
regulations to authorize the Secretary of the Air Force to limit the
amount of prior commissioned service which may be credited, or to deny
such credit, in the case of a person who at the time of such appointment
is credited with constructive service under subsec. (b) of this section
for provision authorizing a person appointed as a reserve commissioned
officer to be credited at the time of his appointment with service in an
active status that reflects his combined years of experience and
education and such other qualifications as prescribed by regulation.
Subsec. (b). Pub. L. 96-513 substituted provision authorizing the
Secretary of the Air Force, under regulations prescribed by the
Secretary of Defense, to credit a person receiving an original
appointment as a reserve commissioned officer in the Air Force with
specified amounts of constructive service for advanced education,
training, or experience for provision authorizing a person appointed as
a reserve commissioned medical officer of the Air Force to be credited
with a least four years of service in an active status and a person
appointed as a reserve commissioned dental, veterinary, or judge
advocate officer or as a chaplain of the Air Force to be credited with
at least three years of service in an active status.
Subsec. (c). Pub. L. 96-513 substituted provision prohibiting the
crediting of constructive service under subsec. (b) of this section for
education, training, or experience obtained while serving in an active
status for provision authorizing a person appointed as a reserve
commissioned officer of the Air Force as a medical service officer, who
holds a degree of doctor of philosophy, or comparable degree, in a
science that the Secretary determines is allied to medicine, to be
credited with at least three years of service in an active status.
Subsec. (d). Pub. L. 96-513 substituted provision authorizing the
Secretary of Defense, if he determines that the number of qualified
judge advocates serving on active duty in grades below major is
critically below the number needed, to authorize the Secretary of the
Air Force to credit a person receiving an original appointment in the
Judge Advocate General's Corps with a period of constructive service in
such an amount as will result in the grade of such person being that of
captain for provision requiring the Secretary to report to the
Committees on Armed Services of the Senate and House of Representatives
by Mar. 1 of each year on the number, categories, and grades of reserve
officers, other than medical or dental officers, originally appointed in
the reserve grade of captain or above in the preceding calendar year.
1960 -- Subsec. (a). Pub. L. 86-559, 1(49)(A), struck out ''and is
not already a commissioned officer of an armed force'' after ''a reserve
commissioned officer of the Air Force,''.
Subsec. (d). Pub. L. 86-559, 1(49)(B), added subsec. (d).
Amendment by 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.
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.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8354. Commissioned officers: appointment of warrant officers
and enlisted members of Air National Guard of United States; status
TITLE 10 -- ARMED FORCES
(a) Notwithstanding any other provision of law, a warrant officer or
enlisted member of the Air National Guard of the United States may,
without affecting that status or vacating his warrant or enlisted grade
in the Air National Guard, be appointed as a reserve officer of the Air
Force in the grade of first lieutenant or second lieutenant.
(b) A member of the Air National Guard of the United States who is
appointed in a commissioned grade under this section is not in an active
status as a commissioned officer unless he is on active duty as a
commissioned officer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 520; Sept. 2, 1958, Pub. L.
85-861, 1(178)(B), 72 Stat. 1520.)
The words ''commissioned'' and ''and ratings'' are omitted as
surplusage.
In subsection (b), the first 19 words are substituted for the
twenty-first through the fiftieth words of the source statute. The
words ''is not'' are substituted for the words ''shall not be deemed''.
The words ''active duty for training'' are omitted as covered by the
words ''active duty'', as defined by section 101(22) of this title. The
words ''ordered to'' and ''by competent authority'' and the last 32
words of the source statute are omitted as surplusage.
1958 -- Pub. L. 85-861 struck out ''Air Force Reserve'' after
''Commissioned officers'', and inserted ''; status'' after ''United
States'' in section catchline, designated existing provisions as subsec.
(a), and added subsec. (b).
Regulations to carry out this section, see section 280 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC ( 8355. Repealed. Pub. L. 88-647, title III, 301(21), Oct. 13,
1964, 78 Stat. 1073)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 520; Sept. 2,
1958, Pub. L. 85-861, 33(a)(22), 72 Stat. 1565, related to
appointment of graduates of junior or senior division of Air Force
Reserve Officers' Training Corps as reserve commissioned officers.
10 USC 8356. Commissioned officers; Air Force Reserve; aviation
cadets: appointment; qualifications, grade
TITLE 10 -- ARMED FORCES
(a) An aviation cadet who successfully completes the prescribed
course of training shall be appointed in the grade of second lieutenant
as a Reserve of the Air Force for service in the Air Force Reserve, and
shall be promoted to the reserve grade of first lieutenant upon
completing three years of active duty under section 8257(c)(1) of this
title.
(b) A person who completes the course of training as an aviation
cadet or aviation student, and who has served in the Army or the Air
Force in time of war as a commissioned or flight officer, may be
originally appointed in any commissioned grade as a Reserve for service
in the Air Force Reserve.
(Aug. 10, 1956, ch. 1041, 70A Stat. 520.)
In subsection (a), the words ''who successfully completes'' are
substituted for the words ''upon the successful completion of''. The
word ''appointed'' is substituted for the word ''commissioned''. The
words ''each such second lieutenant'' are omitted as surplusage. The
words ''under section 8257(c)(1) of this title'' are substituted for the
word ''such'', since that word related to agreements for active duty
under 10:299 (2d sentence), restated in section 8257(c)(1) of this
title.
In subsection (b), the word ''originally'' is inserted for clarity.
The words ''under such regulations as the Secretary of the Army may
prescribe'' are omitted, since section 591 of this title authorizes the
Secretary to prescribe qualifications for the appointment of reserve
officers. The words ''in any commissioned grade as a Reserve for
service'' are substituted for the words ''an officer''. The words
''prescribed'' and ''and instruction'' are omitted as surplusage.
10 USC 8358. Commissioned officers: original appointment; service
credit
TITLE 10 -- ARMED FORCES
For the purpose of determining seniority in his reserve grade and
eligibility for promotion, a person appointed in a grade below colonel
under section 8359 of this title shall be credited with the number of
years of service, computed under section 8360(e) of this title, in that
grade that is equal to the difference between the number of years of
service credited to him under section 8353 of this title and the minimum
number of years of service prescribed by section 8359 of this title for
the grade in which he is appointed.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1520.)
The words ''as a Reserve officer'' are omitted as surplusage.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8359. Commissioned officers: original appointment;
determination of grade
TITLE 10 -- ARMED FORCES
(a) Except as provided in subsections (b) and (c), the commissioned
grade in which a person credited with service under section 8353 of this
title is originally appointed as a reserve officer of the Air Force with
a designation as a medical officer (based on the service credited under
that section) shall be determined as follows:
(1) For persons with less than three years of service -- second
lieutenant.
(2) For persons with at least three, but less than seven, years of
service -- first lieutenant.
(3) For persons with at least seven, but less than 14, years of
service -- captain.
(4) For persons with at least 14, but less than 21, years of service
-- major.
(5) For persons with at least 21 years of service -- lieutenant
colonel.
(6) For persons with at least 23 years of service -- lieutenant
colonel or under regulations prescribed by the Secretary of the Air
Force -- colonel.
(b) In the case of a person who is originally appointed as a reserve
officer of the Air Force with a designation as a medical officer during
the period beginning on October 1, 1983, and ending on September 30,
1993, and who is credited with service under section 8353 of this title,
the commissioned grade in which that person is appointed (based on the
service credited under that section) shall be determined as follows:
(1) For persons with at least four, but less than 14, years of
service -- captain.
(2) For persons with at least 14, but less than 21, years of service
-- major.
(3) For persons with at least 21 years of service -- lieutenant
colonel.
(4) For persons with at least 23 years of service -- lieutenant
colonel or colonel, as the Secretary of the Air Force determines.
(c) Under regulations prescribed by the Secretary concerned, a person
who is originally appointed as a reserve officer of the Air Force and
who is a former commissioned officer may be appointed in the reserve
grade equivalent to the grade held by that person when discharged or
separated and may be credited with time in that grade for promotion
purposes equal to the time in grade held by that person when discharged
or separated.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1521;
amended Pub. L. 98-94, title X, 1014(b), Sept. 24, 1983, 97 Stat. 666;
Pub. L. 98-525, title V, 521(b), Oct. 19, 1984, 98 Stat. 2522; Pub.
L. 99-145, title V, 521(a), Nov. 8, 1985, 99 Stat. 631; Pub. L.
100-180, div. A, title V, 502(a), Dec. 4, 1987, 101 Stat. 1085; Pub.
L. 101-189, div. A, title V, 503(a), Nov. 29, 1989, 103 Stat. 1437;
Pub. L. 102-484, div. A, title V, 519(a), Oct. 23, 1992, 106 Stat.
2408.)
Clause (6) is substituted for 50:1335(a) (last 23 words).
1992 -- Subsec. (b). Pub. L. 102-484 substituted ''September 30,
1993'' for ''September 30, 1992''.
1989 -- Subsec. (b). Pub. L. 101-189 substituted ''September 30,
1992'' for ''September 30, 1989''.
1987 -- Subsec. (b). Pub. L. 100-180 substituted ''September 30,
1989'' for ''September 30, 1987''.
1985 -- Subsec. (b). Pub. L. 99-145 substituted ''September 30,
1987'' for ''September 30, 1985''.
1984 -- Subsec. (a). Pub. L. 98-525, 521(b)(1), substituted
''subsections (b) and (c)'' for ''subsection (b)''.
Subsec. (c). Pub. L. 98-525, 521(b)(2), added subsec. (c).
1983 -- Pub. L. 98-94 designated existing provisions as subsec.
(a), in provisions preceding par. (1) of subsec. (a) substituted,
''Except as provided in subsection (b), the commissioned grade in which
a person credited with service under section 8353 of this title is
originally appointed as a reserve officer of the Air Force with a
designation as a medical officer (based on the service credited under
that section) shall be determined as follows'' for ''Based on the
service credited under section 8353 of this title, the commissioned
grade in which a person credited with service under that section is
originally appointed as a reserve officer of the Air Force is'', and
added subsec. (b).
Amendment by Pub. L. 102-484 effective Sept. 30, 1992, see section
519(d)(1) of Pub. L. 102-484, set out as a note under section 3359 of
this title.
Equivalent to Former Grade
For provisions that, under regulations prescribed by the Secretary of
the military department concerned, a reserve officer of the Air Force
originally appointed after Sept. 14, 1981, who at the time of that
appointment was a former commissioned officer and who was appointed in a
reserve grade lower than the grade held by that person when discharged
may be appointed in the reserve grade equivalent to the officer's former
grade, and that an original reserve appointment in the Air Force of a
person who (at the time of the appointment) was a former commissioned
officer which (A) was made during the period beginning on Sept. 15,
1981, and ending on Oct. 18, 1984, and (B) was made in a grade formerly
held by that person was to be considered to have been a valid
appointment at the time made, and any officer who received such an
appointment to be entitled to all the rights, privileges, and benefits
of the grade to which appointed as of the original date of that
appointment, see section 521(c) of Pub. L. 98-525, set out as a note
under section 3359 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8360. Commissioned officers: promotion service
TITLE 10 -- ARMED FORCES
(a) To be eligible under this chapter for (1) consideration for
promotion, (2) examination for Federal recognition, or (3) promotion, a
reserve commissioned officer must be in an active status.
(b) To be in an active status, a reserve commissioned officer must
have credited to him, during each applicable period prescribed in
subsection (c) or (d), the number of points that the Secretary of the
Air Force prescribed for that period under section 1002 of this title
before that period began. This does not apply to an adjutant general or
assistant adjutant general of a State or Territory, Puerto Rico, or the
District of Columbia.
(c) For a reserve commissioned officer who was a Reserve in an active
status in the Air Force on July 1, 1949, and who has continued in an
active status since that date, points shall be computed for a period of
12 consecutive months beginning on July 1, of each year.
(d) For a reserve commissioned officer who was originally appointed
as a reserve officer of the Air Force after July 1, 1949, or who
returned to an active status after that date, points shall be computed
for periods of 12 consecutive months beginning on the date of that
appointment or of his most recent return to an active status, and on
each successive anniversary of that date.
(e) For the purposes of sections 8358, 8361, 8363(a), 8365, 8366(a),
8368(b), 8375(b), 8377(a), 8380(c), 8381(b), and 8819 of this title, an
officer's years of service are computed by adding --
(1) all service while in an active status in his current reserve
grade; and
(2) all service in an active status after June 25, 1950, and before
July 1, 1955 --
(A) while eligible for promotion in reserve grade on the basis of
service in a higher temporary grade; or
(B) in regular or reserve grade, in any armed force, that was equal
to or higher than his current reserve grade, including service in a
federally recognized commissioned status in the Army National Guard or
the Air National Guard.
No service may be counted more than once.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1521;
amended Pub. L. 100-456, div. A, title XII, 1234(a)(1), Sept. 29, 1988,
102 Stat. 2059.)
In subsection (a), 50:1331(a) is omitted as covered by the context of
this revised title.
In subsection (b), the words ''have credited to him'' are substituted
for the word ''attain'', in 50:1332(b). The words ''prescribed in
subsection (c) or (d)'' are substituted for the words ''of twelve
consecutive months applicable to him'', in 50:1332(b). 50:1331(b)(4) is
omitted as executed throughout this revised title.
In subsection (c), the words ''continued in'' are substituted for the
words ''has not been removed from''. 50:1332(c)(1) (last 17 words) is
omitted as surplusage.
1988 -- Subsec. (b). 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 8361. Commissioned officers: seniority for promotion purposes
TITLE 10 -- ARMED FORCES
(a) For promotion purposes, reserve commissioned officers in any
reserve grade are senior to those in any lower reserve grade.
(b) Among reserve commissioned officers in the same reserve grade,
seniority for promotion purposes is based on length of service in that
grade computed under section 8360(e) of this title.
(c) When seniority determined under subsection (b) is the same,
seniority for promotion purposes is based on length of service computed
under section 8366(e) of this title.
(d) When seniority determined under subsection (c) is the same, the
Secretary of the Air Force shall fix the seniority.
(e) For promotion purposes, the years of service computed under
section 8360(e) of this title of a reserve commissioned officer who is
returned to an active status are reduced, so far as necessary, so that
one year after the date on which he is returned to that status he will
not have more than four years of that service if he is in the reserve
grade of first lieutenant, or seven years of that service if he is in
reserve grade of captain or major. Notwithstanding any other provision
of this title, such a reserve commissioned officer may not be considered
for promotion until at least one year after the date on which he is
returned to an active status.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1522;
amended Pub. L. 86-559, 1(50), June 30, 1960, 74 Stat. 275.)
In subsection (e), the words ''are reduced'' are substituted for the
words ''suffer * * * and a reduction in his''. The words ''he will not
have'' are substituted for the words ''the years of * * * with which he
is entitled to be credited for promotion purposes shall not be''. The
words ''loss of precedence'' are omitted as surplusage.
1960 -- Subsec. (a). Pub. L. 86-559, 1(50)(A), substituted
''reserve grade'' for ''grade'' in two places.
Subsec. (e). Pub. L. 86-559, 1(50)(B), prohibited such a reserve
officer from being considered for promotion until at least one year
after the date on which he is returned to an active status.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8362. Commissioned officers: selection boards
TITLE 10 -- ARMED FORCES
(a) Under such regulations and in such number as he may prescribe,
the Secretary of the Air Force, or such authority as he directs, shall
from time to time appoint and convene selection boards to consider
reserve commissioned officers for promotion under this chapter.
(b) Each board shall be composed of at least five members who are
senior in regular or reserve grade to, and who outrank, any officer
considered by that board. Five members of a board constitute a quorum.
So far as practicable, at least one-half of the members of the board
must be reserve officers.
(c) A board serves for as long as the Secretary of the Air Force
prescribes but not longer than one year. A member may not serve on two
consecutive boards for promotions to the same grade, if the second board
considers any officers considered but not recommended for promotion by
the first.
(d) Each member of a board must swear that he will perform his duties
without prejudice or partiality, having in view the special fitness of
officers and the efficiency of the Air Force.
(e) A recommendation for promotion must be made by the majority of
the total membership of the board. Notwithstanding any other provision
of law, a board that is to recommend officers for promotion whom it
considers to be the best qualified may recommend only those officers
whom it also considers to be fully qualified.
(f) An officer eligible for consideration for promotion by a board
under this chapter is entitled to send a letter, through official
channels, calling attention to any matter of record in the armed forces
concerning himself that he considers important to his case. The letter
may not criticize any officer or reflect on his character, conduct, or
motives. A letter sent under this subsection may not be considered by a
selection board unless it is received by the time the board convenes.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1522;
amended Pub. L. 86-559, 1(51), June 30, 1960, 74 Stat. 275.)
Subsection (a) is substituted for 50:1193(a) and 1338(a). The word
''competent'', in 50:1193(a), is omitted as surplusage.
In subsection (b), the words ''are senior in regular or reserve grade
to, and who outrank,'' are substituted for the words ''shall be senior
in permanent grade and temporary rank to'', in 50:1193(b).
In subsection (c), the words ''board upon which he served'' are
omitted as surplusage.
In subsection (d), the words ''his duties'' are substituted for the
words ''the duties imposed on him as a member of such board''. The
words ''officer who is appointed'' are omitted as surplusage. The words
''or affirm'' are omitted as covered by the word ''oath'' as defined in
section 1 of title 1.
In subsection (f), the words ''is entitled to send'' are substituted
for the words ''shall have the right to forward''. The word ''letter''
is substituted for the words ''written communication''. The last
sentence is substituted for 50:1193(e) (last 15 words of 1st sentence).
The words ''to his consideration'' are omitted as surplusage.
1960 -- Subsec. (e). Pub. L. 86-559 authorized a board that is to
recommend officers for promotion whom it considers to be the best
qualified to recommend only those officers whom it also considers to be
fully qualified.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8363. Commissioned officers: selection boards; general
procedure
TITLE 10 -- ARMED FORCES
(a) An officer in a reserve grade above second lieutenant may not be
considered for promotion, or examined for Federal recognition in the
next higher grade, until he completes the following number of years of
service, computed under section 8360(e) of this title, in his current
reserve grade:
(1) First lieutenant -- two years.
(2) Captain -- four years.
(3) Major -- four years.
(4) Lieutenant colonel -- three years.
(5) Colonel -- one year.
(6) Brigadier general -- one year.
This subsection does not apply to an adjutant general or assistant
adjutant general of a State or Territory, Puerto Rico, or the District
of Columbia who holds his reserve grade solely because of his position
as adjutant general or assistant adjutant general.
(b) An officer may not be considered by a selection board for
promotion under this chapter more than two years, if in a reserve grade
below colonel, or more than one year, if in a reserve grade above
lieutenant colonel, before the date on which it is anticipated that he
will be promoted if recommended by the selection board.
(c) Except for officers being considered under section 8366, 8372, or
8373 of this title, and except for deferred officers who may not be
considered at that time, an officer may not be considered by a selection
board for promotion unless the board considers all officers who are
senior to him in his reserve grade and who are not on a recommended
list.
(d) The names of officers recommended by a selection board for
promotion shall be placed on a recommended list of their grade below the
names of those recommended by earlier selection boards and in the same
order among themselves as existed when they were considered by the
selection board. A name so placed on a list shall be carried thereon
until the officer is promoted to the grade for which he is recommended
or until his name is removed under another provision of this chapter.
(e) Except as provided in section 8366(c), 8372, 8374, or 8379 of
this title or subsection (f) or (g) of this section, a reserve officer
whose name is on a recommended list may not be promoted ahead of any
officer whose name precedes his on that recommended list.
(f) A promotion under this chapter may be made effective before, on,
or after the date on which it is made. Unless expressly provided
otherwise in this chapter, the officer concerned is entitled to the pay,
allowances, and any other benefits authorized by law for the grade to
which he is promoted from the effective date of the promotion.
(g) The promotion of a reserve commissioned officer who is under
investigation or against whom proceedings of a court-martial or a board
of officers are pending may be delayed until the investigation or
proceedings are completed. However, a promotion may not be delayed
under this subsection for more than one year after the date he is
selected for promotion unless the Secretary of the Air Force determines
that a further delay is necessary in the public interest.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1522;
amended Pub. L. 86-559, 1(52), June 30, 1960, 74 Stat. 275; Pub. L.
100-456, div. A, title XII, 1234(a)(1), Sept. 29, 1988, 102 Stat.
2059.)
In subsection (a), 50:1331(b)(2) and the words ''by a Federal
recognition board'', in 50:1336(a), are omitted as surplusage.
In subsection (c), the words ''for officers being considered'' are
substituted for the words ''when it is considering officers''. The
words ''an * * * may not be considered * * * unless'' are substituted
for the words ''whenever * * * is being considered * * * the board shall
consider''. The words ''in his reserve grade'' are inserted for
clarity.
In subsection (d), the words ''of their grade'' are inserted for
clarity. The last sentence is substituted for 50:1338(c) (last 27 words
of 1st sentence).
In subsection (f), the words ''under this chapter'' are substituted
for the words ''To carry out the provisions of this subchapter''. The
words ''the grade to which he is promoted'' are substituted for the
words ''the higher grade''. The words ''the effective date of the
promotion'' are substituted for the words ''such effective date''.
1988 -- Subsec. (a). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,'' in concluding provisions.
1960 -- Subsec. (c). Pub. L. 86-559, 1(52)(A), substituted
''section 8366, 8372, or 8373'' for ''section 8372''.
Subsec. (e). Pub. L. 86-559, 1(52)(B), substituted ''or 8379 of this
title or subsection (f) or (g)'' for ''8379, or 8380 of this title or
subsection (f)''.
Subsec. (g). Pub. L. 86-559, 1(52)(C), added subsec. (g).
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8365. Commissioned officers: promotion to first lieutenant
TITLE 10 -- ARMED FORCES
(a) An officer of the Air Force Reserve in an active status in the
reserve grade of second lieutenant shall, if he is found qualified for
promotion, be promoted to the reserve grade of first lieutenant
effective on the date on which he completes three years of service,
computed under section 8360(e) of this title, in the reserve grade of
second lieutenant.
(b) Whenever the Secretary of the Air Force determines that there are
vacancies in the reserve grade of first lieutenant, officers in the
reserve grade of second lieutenant who have not completed three years of
service, computed under section 8360(e) of this title, in that grade,
may be promoted to the reserve grade of first lieutenant under
regulations to be prescribed by the Secretary.
(c) An officer of the Air National Guard of the United States in the
reserve grade of second lieutenant who is appointed in the grade of
first lieutenant by the governor or other appropriate authority of the
jurisdiction concerned to fill a vacancy in the Air National Guard shall
be extended Federal recognition in the grade of first lieutenant,
without the examination prescribed in section 307 of title 32, and shall
be promoted to that reserve grade, effective on the date on which he
completes three years of service, computed under section 8360(e) of this
title, in the reserve grade of second lieutenant.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1523.)
In subsection (a), the words ''Except as provided in subsections (b)
and (c) of this section'' are omitted as unnecessary since the
subsections referred to are not in fact exceptions to 50:1339(a).
In subsection (c), the word ''authorized'' is omitted as surplusage.
The words ''or promoted to'' are omitted as covered by the words
''appointed in''.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8366. Commissioned officers: promotion to captain, major, or
lieutenant colonel
TITLE 10 -- ARMED FORCES
(a) Without regard to vacancies, each officer whose reserve grade is
first lieutenant, captain, or major shall be considered for promotion to
the next higher reserve grade, far enough in advance of the date on
which he will complete the years of service prescribed in columns 2 and
3 of the following table that, if recommended, he may be promoted
effective on the date on which he will complete that service.
(b) Having in view the number of actual and anticipated vacancies in
the Air Force Reserve in the reserve grade of captain, major, or
lieutenant colonel, the Secretary of the Air Force may direct a
selection board to consider and recommend officers for promotion to
those grades. The names of the officers to be considered shall include
--
(1) the name of the senior officer of the Air Force Reserve in the
reserve grade of first lieutenant, captain, or major, as the case may
be, whose name is not on a recommended list;
(2) the names of such additional officers of the Air Force Reserve in
those reserve grades, in order of seniority, as the Secretary may
prescribe; and
(3) the names of those officers of the Air National Guard of the
United States who must be considered at that time under subsection (a).
(c) Each officer of the Air National Guard of the United States who
is recommended by a selection board for promotion to the reserve grade
of captain, major, or lieutenant colonel, and who, before the date on
which he would be promoted under subsection (d), is appointed in the
next higher grade to fill a vacancy in the Air National Guard, shall be
extended Federal recognition in that grade, without the examination
prescribed in section 307 of title 32, and shall be promoted to that
reserve grade effective on the date on which he is appointed in that
grade in the Air National Guard. If he is not so appointed in the next
higher grade in the Air National Guard, he shall, effective as of the
date on which he must be promoted under subsection (d), have his Federal
recognition terminated, be transferred to the Air Force Reserve, and be
promoted.
(d) An officer whose reserve grade is first lieutenant, captain, or
major and whose name is on a recommended list may be promoted at any
time to fill a vacancy, and shall be promoted, without regard to the
existence of a vacancy, on the date on which he completes the service
prescribed in subsection (a).
(e) For the purpose of column 3 of subsection (a), an officer's years
of service are computed by adding --
(1) all service as a commissioned officer of any armed force;
(2) all service before June 15, 1933, as a commissioned officer in
the federally recognized National Guard or in a federally recognized
commissioned status in the National Guard, and in the National Guard
after June 14, 1933, if his service therein was continuous from the date
of his Federal recognition as an officer therein to the date of his
appointment in the National Guard of the United States; and
(3) all service credited to him under section 8353 of this title.
No service may be counted more than once.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1523;
amended Pub. L. 86-559, 1(53), June 30, 1960, 74 Stat. 275; Pub. L.
90-130, 1(28)(A), Nov. 8, 1967, 81 Stat. 382.)
In subsection (a), the words ''Without regard to vacancies'' are
substituted for the words ''Irrespective of the existence of a
vacancy''. The words ''for promotion by the selection board'' are
omitted as surplusage.
In subsection (b), the words ''Having in view'' are substituted for
the words ''Based upon''.
In subsection (c), the words ''or promoted to'' are omitted as
covered by the words ''appointed in''. The word ''authorized'' is
omitted as surplusage. The words ''of a State, a Territory or the
District of Columbia'' are omitted as surplusage.
In subsection (f), the words ''who is not designated under section
8067 of this title or appointed in the Air Force with a view to
designation under that section'' are substituted for the words
''appointed under section 310 of the Women's Armed Services Integration
Act of 1948'', since that section was repealed by section 803 of the
Armed Forces Reserve Act of 1952 (66 Stat. 506). The quoted words were
intended to refer to those female reserve officers who were appointed
with a view to performing general duties and were not intended to refer
to those appointed with a view to performing professional duties, such
as medical, dental, nursing, and legal duties.
1967 -- Subsec. (f). Pub. L. 90-130 struck out subsec. (f) which
provided that this section should not apply to the promotion to a grade
above major of any Air Force nurse or medical specialist or any female
reserve officer not designated under section 8067(a)-(d) or (g)-(i) of
this title or appointed in the Air Force with a view to designation
under that section.
1960 -- Subsec. (e). Pub. L. 86-559, 1(53)(A), included within cl.
(2) service as a commissioned officer in the National Guard after June
14, 1933, if the officer's service therein was continuous from the date
of his Federal recognition as an officer therein to the date of his
appointment in the National Guard of the United States.
Subsec. (f). Pub. L. 86-559, 1(53)(B), substituted ''major of any
Air Force nurse or medical specialist or any female reserve officer who
is not designated under section 8067(a)-(d) or (g)-(i) of this title''
for ''captain of female reserve officers who are designated as Air Force
nurses or medical specialists, or to the promotion to a grade above
major of any female reserve officer who is not designated under section
8067 of this title''.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
section 307.
10 USC 8367. Commissioned officers: promotion to captain, major, or
lieutenant colonel; selection board procedure
TITLE 10 -- ARMED FORCES
(a) When officers in the reserve grade of first lieutenant, captain,
or major are to be considered, under section 8366 of this title, by a
selection board for promotion to the next higher grade to fill existing
or anticipated vacancies, the Secretary of the Air Force may direct the
board to --
(1) consider officers whose names are referred to it in the order of
their seniority;
(2) recommend those who are fully qualified for promotion;
(3) pass over those not so qualified; and
(4) continue this procedure until the number of officers specified by
him is recommended.
(b) When an officer in the reserve grade of first lieutenant,
captain, or major must be considered under section 8366(a) of this title
for promotion because of length of service, the Secretary may --
(1) furnish to the board a list of officers to be considered for
promotion to the grade concerned; and
(2) direct the board to recommend the officers on that list whom it
considers fully qualified for promotion.
(c) In place of the procedure prescribed in subsection (a) or (b),
the Secretary may furnish to the board a list of officers to be
considered and may direct the board to recommend a number specified by
him for promotion. The board shall recommend those officers whom it
considers to be the best qualified. However, the number recommended by
the selection board must be at least 80 percent of those listed for
consideration for the first time.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1525;
amended Pub. L. 86-559, 1(54), June 30, 1960, 74 Stat. 276.)
In subsection (a), the words ''in the reserve grade of first
lieutenant, captain, or major * * * under section 8366 of this title''
and ''to the next higher grade'' are inserted for clarity. The words
''is recommended'' are substituted for the words ''is obtained''. The
words ''considered'', ''for promotion'', in clause (3), and ''to be
recommended'' are omitted as surplusage.
In subsection (b), the words ''under section 8366(a) of this title
for promotion because of length of service'' are substituted for the
words ''by a selection board for promotion because he will complete the
prescribed number of years of promotion service in grade and total years
of service''.
In subsection (c), the words ''specified by him'' are substituted for
the word ''specific''. 50:1342(c) (1st 18 words of last sentence) is
omitted as surplusage. 50:1342(d) is omitted as covered by section
8366(f) of this title.
1960 -- Subsec. (c). Pub. L. 86-559 inserted ''for the first time''
after ''listed for consideration''.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8368. Commissioned officers: effect of failure of promotion to
captain, major, or lieutenant colonel
TITLE 10 -- ARMED FORCES
(a) In this chapter, the term ''deferred officer'' means any of the
following officers who has been considered, for the first time under
this chapter, by a selection board for promotion to the next grade
higher than his current reserve grade but not recommended for that
promotion, who has been examined for the first time for Federal
recognition in the next grade higher than his current reserve grade, but
found not qualified for that recognition, or who has been recommended or
found qualified and declined that promotion:
(1) An officer in the reserve grade of first lieutenant or captain.
(2) An officer in the reserve grade of major.
(b) The years of service computed under sections 8360(e) and 8366(e)
of this title, with which a deferred officer is credited shall be
reduced, if necessary, so that one year after the date on which he would
have been promoted if he had been recommended by a selection board he
will not have more than four years of service computed under section
8360(e) of this title if he is in the reserve grade of first lieutenant,
or seven years of that service if he is in the reserve grade of captain
or major. For the purpose of this subsection, the date on which a
deferred officer would have been promoted had he been recommended is the
earlier of the following dates --
(1) the earliest date of appointment in the next higher reserve grade
of any officer who, before the deferred officer's loss of seniority, was
junior to him; or
(2) the date on which he would have completed the amount of service
prescribed in columns 2 and 3 of section 8366(a) of this title, if his
years of service had not been reduced under this section.
(c) Unless he is sooner recommended for promotion under section 8372
of this title or examined for Federal recognition in the next higher
grade --
(1) an officer who is deferred because he was considered but not
recommended by a selection board shall be considered for promotion by
the next selection board considering officers of his grade and category
under section 8366 of this title; and
(2) an officer who is deferred because he was found not qualified for
Federal recognition shall be considered for promotion by the next
appropriate selection board convened under section 8366 of this title
when the officer next junior to him is also considered, but not before
one year after the date on which he was found not qualified for Federal
recognition.
(d) An officer who is deferred because he was considered but not
recommended by a selection board may, if he is appointed to the next
higher grade in the Air National Guard, be examined for Federal
recognition in that grade at any time before the date on which he must
be considered for promotion under subsection (c)(1).
(e) An officer who is deferred because he was found not qualified for
Federal recognition in the next higher grade may be again examined for
Federal recognition in that grade at any time before the date on which
he must be considered for promotion under subsection (c)(2), but not
before one year after the date on which he was first found not qualified
for Federal recognition in that grade.
(f) A deferred officer who is again considered for promotion under
subsection (c)(1) and is not recommended for promotion, or is
recommended and declines the promotion, may not thereafter be considered
for promotion or examined for Federal recognition, and shall be treated
as provided in section 8846(a) of this title and section 323(e) of title
32.
(g) A deferred officer who is again considered for promotion or
examined for Federal recognition in the next higher grade under
subsection (c)(2), (d), or (e), and is not recommended for promotion or
found qualified for Federal recognition, or is recommended or found
qualified and declines the promotion, may not thereafter be considered
for promotion or examined for Federal recognition, and shall be treated
as provided in section 8846(b) of this title and section 323(e) of title
32.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1525;
amended Pub. L. 86-559, 1(55), June 30, 1960. 74 Stat. 276; Pub. L.
90-130, 1(28)(B), Nov. 8, 1967, 81 Stat. 382; Pub. L. 100-180, div.
A, title XII, 1231(19)(B), Dec. 4, 1987, 101 Stat. 1161.)
In subsection (a), the words ''than his current reserve grade'' are
inserted for clarity. In clauses (2) and (3), the word ''female'' is
inserted before the words ''Air Force nurse or medical specialist'',
since the source text applied only to women. (See opinion of The Judge
Advocate General of the Air Force dated February 1, 1956 (4th par. on
page 3).) In clause (3), the words ''or a female officer who is not
designated under section 8067 of this title or appointed in the Air
Force with a view to designation under that section'' are substituted
for the words ''female Reserve officers appointed under section 310 of
the Women's Armed Services Integration Act of 1948'', since that section
was repealed by section 803 of the Armed Forces Reserve Act of 1952 (66
Stat. 506). The quoted words were intended to refer to those female
officers who were appointed with a view to performing general duties and
were not intended to refer to those appointed with a view to performing
professional duties.
In subsection (b), 50:1352(a)(1)(A) is omitted, since officers who
are recommended by a previous promotion board must be promoted, under
section 8363 of this title, before officers recommended by a later
board. Clause (2) is substituted for 50:1352(a)(2)(B).
In subsection (d), the words ''or promoted to'' are omitted as
covered by the words ''appointed to''.
In subsection (f), the words ''by that selection board'' are omitted
as surplusage.
1987 -- Subsec. (a). Pub. L. 100-180 inserted ''the term'' after
''In this chapter,''.
1967 -- Subsec. (a)(2). Pub. L. 90-130 struck out '', other than an
Air Force nurse or medical specialist or a female officer who is not
designated under section 8067(a)-(d) or (g)-(i) of this title or
appointed in the Air Force with a view to designation under that
section'' after ''grade of major''.
1960 -- Subsec. (a). Pub. L. 86-559, 1(55)(A), included within
definition of ''deferred officer'' any officer who has been recommended
or found qualified and declined that promotion, and Air Force nurses and
medical specialists in the grade of captain.
Subsec. (f). Pub. L. 86-559, 1(55)(B), included deferred officers
who are recommended and decline the promotion.
Subsec. (g). Pub. L. 86-559, 1(55)(C), included officers who are
recommended or found qualified and decline the promotion.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC ( 8370. Repealed. Pub. L. 90-130, 1(28)(C), Nov. 8, 1967, 81
Stat. 382)
TITLE 10 -- ARMED FORCES
Section, added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat.
1526; Pub. L. 86-559, 1(56), June 30, 1960, 74 Stat. 276, placed
restrictions on promotion consideration of Air Force nurses, medical
specialists, and female officers being considered for promotion to the
Reserve grades of lieutenant colonel and colonel.
10 USC 8371. Commissioned officers: Air Force Reserve; promotion to
colonel
TITLE 10 -- ARMED FORCES
(a) Having in view the number of actual and anticipated vacancies in
the Air Force Reserve in the reserve grade of colonel, the Secretary of
the Air Force shall furnish to selection boards lists of officers to be
considered by those boards and shall direct the board to recommend a
number prescribed by him for promotion to that grade.
(b) The lists of officers to be considered under subsection (a) must
include the name of the senior officer of the Air Force Reserve in the
reserve grade of lieutenant colonel whose name is not on a recommended
list, and the names of such additional officers of the Air Force Reserve
in that reserve grade, in order of seniority, as the Secretary may
prescribe.
(c) The board shall recommend the prescribed number of those officers
whom it considers to be the best qualified.
(d) An officer recommended for promotion under this section may be
promoted only to fill a vacancy.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1527.)
In subsection (a), the words ''lists of'' are substituted for the
words ''names of'' to conform to revised subsection (b).
In subsection (b), the words ''in that reserve grade'' are inserted
for clarity. The words ''for promotion'' are omitted as surplusage.
In subsection (c), the words ''of those named for consideration'' are
omitted as surplusage.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8372. Commissioned officers: Air Force Reserve; promotion;
officers with special qualifications
TITLE 10 -- ARMED FORCES
(a) In addition to the method prescribed in sections 8367 and 8371 of
this title, whenever there are vacancies in the Air Force Reserve in the
reserve grade of captain, major, lieutenant colonel, or colonel, and the
Secretary of the Air Force considers that there are or will be an
inadequate number of officers in any one of those grades with special
qualifications, he may direct a selection board to recommend a
prescribed number of officers of the Air Force Reserve with those
qualifications for promotion to that reserve grade. Selection for
promotion to grades below colonel under this subsection shall be made
under the procedures prescribed in section 8367(a) or 8367(c) of this
title. Selection for promotion to the grade of colonel under this
subsection shall be made under the procedures prescribed in the first
two sentences of section 8367(c) of this title.
(b) Whenever the Secretary considers that the number of officers in
the reserve grade of captain, major, lieutenant colonel, or colonel in
--
(1) any unit of the Air Force Reserve that is in the Ready Reserve
and is not on active duty or is on active duty for training; or
(2) the Air Force Reserve, in positions to be filled by officers with
a mobilization assignment in the Ready Reserve;
is or may become unbalanced, he may direct that a number specified by
him be selected from officers of the Air Force Reserve who are in the
Ready Reserve, who are not on active duty or are on active duty for
training, but who are determined to be specially qualified for, and
available to fill, those vacancies. Selection for promotion under this
subsection shall be made under the procedures prescribed in the first
two sentences of section 8367(c) of this title, but no officer may be
selected for promotion under this subsection unless he is fully
qualified for promotion to the grade concerned.
(c) An officer recommended for promotion under this section may be
promoted only to fill a vacancy for which he was recommended.
(d) Officers on a recommended list may be promoted under this
section, in the order in which the officers' names appear on the
recommended list, if they meet the requirements of subsection (b).
(e) If an officer enters upon active duty before being promoted to
fill a vacancy for which he was recommended under subsection (b), his
name shall be removed from the recommended list.
(f) If an officer is considered but not recommended for promotion
under this section, or if his name is removed from a recommended list
under subsection (e), he is not a deferred officer and he shall be
treated as if he had not been considered for promotion under this
section.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1527;
amended Pub. L. 86-559, 1(57), June 30, 1960, 74 Stat. 276.)
In subsection (a), the words ''In addition to the method prescribed
in sections 8367 and 8371 of this title'' are inserted to reflect those
revised sections.
In subsection (b), the words ''the Secretary considers'' are
substituted for the words ''in the opinion of the Secretary''.
Subsection (f) is substituted for 50:1343(e) (last 17 words) and
50:1343(f).
1960 -- Subsec. (b). Pub. L. 86-559 substituted ''that is in the
Ready Reserve'' for ''that is organized to serve as a unit'' in cl.
(1), ''mobilization assignment in the Ready Reserve'' for ''mobilization
assignment or designation'' in cl. (2), and ''he may direct that a
number specified by him be selected from officers of the Air Force
Reserve who are in the Ready Reserve, who are not on active duty or are
on active duty for training, but who are determined to be specially
qualified for, and available to fill, those vacancies'' for ''and that
there are vacancies in that grade, he may direct that, of the officers
to be selected for that grade, a number specified by him be selected
from officers of the Air Force Reserve who are not on active duty or are
on active duty for training but who are specially qualified for, and are
geographically available to fill those vacancies'', and inserted
provisions prohibiting the selection of officers for promotion unless
they are fully qualified for promotion to the grade concerned.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8373. Commissioned officers: Air Force Reserve; promotion to
brigadier general and major general
TITLE 10 -- ARMED FORCES
(a) Officers of the Air Force Reserve may be promoted to the reserve
grades of brigadier general and major general to fill vacancies in those
grades.
(b) The Secretary of the Air Force may furnish the names of any
officers of the Air Force Reserve who are assigned to the duties of a
general officer of the next higher reserve grade, and who meet standards
to be prescribed by the Secretary, to a selection board for
consideration for promotion to that grade.
(c) Of those officers considered under subsection (b), the selection
board shall recommend the best qualified of those whom it determines to
meet the standards prescribed by the Secretary and to be fully qualified
for promotion.
(d) The name of any officer on a recommended list on June 30, 1964,
for promotion to the reserve grade of brigadier general or major general
under authority of the provisions of section 8373 of this title, which
terminated July 1, 1964, may be placed on the appropriate recommended
list maintained under subsection (c) effective July 1, 1964, without the
necessity of further selection board action, provided such officer is
currently qualified for such promotion. The promotion of any such
officer shall be effective for date of rank purposes as of July 1, 1964.
(Added Pub. L. 89-172, 1, Sept. 8, 1965, 79 Stat. 662.)
A prior section 8373, added Pub. L. 85-861, 1(178) (C), Sept. 2,
1958, 72 Stat. 1528; amended Pub. L. 86-559, 1(58), June 30, 1960,
74 Stat. 277, containing similar subject matter, expired by its own
terms on June 30, 1964.
Section 2 of Pub. L. 89-172 provided that: ''This Act (enacting
this section) is effective July 1, 1964.''
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8374. Commissioned officers: promotion effective as of date of
Federal recognition
TITLE 10 -- ARMED FORCES
A reserve commissioned officer shall be promoted effective as of the
date on which he is extended Federal recognition in the next higher
grade in the Air National Guard.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1528.)
The words ''upon which'' are omitted as surplusage.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8375. Commissioned officers: brigadier general or major
general; procedure on reassignment
TITLE 10 -- ARMED FORCES
(a) Within 30 days after an officer who was promoted to the reserve
grade of brigadier general or major general under section 8373 or 8376
of this title ceases to occupy the position he was promoted to fill, he
shall, unless he is assigned to a comparable position of the same or a
higher grade, be treated as prescribed in clause (1), (2), or (3), as
determined by the Secretary of the Air Force:
(1) Be transferred in grade to the inactive status list if he is
qualified, or if he is qualified and applies therefor, be transferred to
the Retired Reserve.
(2) Be discharged from his reserve appointment and, if he is
qualified and applies therefor, be appointed in the reserve grade held
by him before his appointment in a reserve general officer grade.
(3) If not transferred under clause (1) or appointed under clause
(2), be discharged from his reserve appointment.
(b) An officer who is appointed under subsection (a)(2) shall be
credited with an amount of service, computed under section 8360(e) of
this title, in the grade in which appointed that is equal to the amount
of service computed under that section with which he was credited in
that grade and in any higher grade.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1528;
amended Pub. L. 86-559, 1(59), June 30, 1960, 74 Stat. 277; Pub. L.
96-513, title V, 514(3), Dec. 12, 1980, 94 Stat. 2935.)
In subsection (a), the words ''under this section, or any other
provision of law'' are omitted as surplusage.
1980 -- Pub. L. 96-513 substituted ''on'' for ''or'' in section
catchline.
1960 -- Subsec. (a). Pub. L. 86-559 substituted ''under section 8373
or 8376 of this title'' for ''to fill a vacancy''.
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.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8376. Commissioned officers: promotion when serving in
temporary grade higher than reserve grade
TITLE 10 -- ARMED FORCES
(a) A reserve officer who is serving on active duty (other than for
training) in a temporary grade which is higher than his reserve grade
shall, upon his application, be promoted to the next higher reserve
grade when he completes the amount of service in his current reserve
grade prescribed by section 8363(a) of this title.
(b) If an officer of the Air National Guard of the United States is
eligible and applies for promotion under this section, the governor or
other appropriate authority of the jurisdiction concerned may promote
him to fill a vacancy specially created, if necessary, in the Air
National Guard of the jurisdiction concerned. If he is so promoted, he
shall, effective on the date of promotion, be extended Federal
recognition in the grade to which promoted, without the examination
prescribed in section 307 of title 32. If he is not so promoted in the
Air National Guard within 90 days after he applies, his Federal
recognition in his reserve grade shall be terminated and he shall be
transferred to the Air Force Reserve and promoted therein.
(c) A reserve officer who is serving on active duty (other than for
training) in a temporary grade that is higher than his reserve grade
retains that temporary grade if he is released from active duty before
completing the amount of service prescribed in section 8363(a) of this
title or before applying for promotion under subsection (a). When he
completes that amount of service and applies, or if, having completed
that amount of service before being released from active duty, he
applies, an officer covered by this subsection shall be promoted to the
next higher reserve grade, without regard to vacancies. An officer of
the Air National Guard covered by this subsection who is promoted to a
grade in the Air National Guard which is equal to his temporary grade,
shall be extended Federal recognition in that grade, without the
examination prescribed in section 307 of title 32. If necessary, he
shall be carried as an additional number therein until a vacancy occurs,
but not for more than two years. If a vacancy does not occur within two
years, his Federal recognition shall be terminated and he shall be
transferred to the Air Force Reserve. This subsection does not apply to
promotion to the reserve grade of brigadier general or major general.
(d) An officer who is released from active duty after being promoted
to a reserve general officer grade under this section becomes subject to
section 8375 of this title.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1528;
amended Pub. L. 86-559, 1(60), June 30, 1960, 74 Stat. 277.)
In subsection (b), the words ''is eligible and'' are inserted for
clarity. The words ''in the Air National Guard of the jurisdiction
concerned'' are substituted for the words ''in the State or Territory,
or in the District of Columbia'', to conform to the last sentence of the
revised subsection. The words ''he applies'' are substituted for the
words ''his application therefor''. The word ''therein'' is inserted
for clarity.
In subsection (c), the words ''who was promoted to that temporary
grade under any procedure'' are omitted as surplusage. The words ''When
he completes that amount of service'' are substituted for the words
''After completing that prescribed promotion service in grade''. The
words ''grade * * * which is equal to his temporary grade'' are
substituted for the words ''the same grade in''. 50:1344(d) is omitted
as surplusage, since the revised section is prospective and does not
authorize retroactive promotions.
1960 -- Subsec. (a). Pub. L. 86-559 1(60)(A), struck out '', and
who was promoted to that temporary grade under a general selection board
procedure,'' after ''higher than his reserve grade''.
Subsec. (c). Pub. L. 86-559, 1(60)(B), (C), permitted a reserve
officer who is serving on active duty (other than for training) in a
temporary grade that is higher than his reserve grade to retain his
temporary grade if he is released from active duty before applying for
promotion under subsec. (a), authorized the promotion to the next
higher reserve grade of such an officer upon his application, and made
subsec. (c) inapplicable to promotion to the reserve grade of brigadier
general or major general.
Subsec. (d). Pub. L. 86-559, 1(60)(D), added subsec. (d).
Section 6 of Pub. L. 86-559 authorized a reserve officer, who was
designated as an Air Force nurse or medical specialist, or a female
reserve officer of the Air Force (other than an officer designated under
section 8067 of title 10, United States Code), who, after June 30, 1955,
and before June 30, 1960, received a temporary appointment under section
8442 of that title in a grade higher than his reserve grade, if he
applied within one year after June 30, 1960, to be promoted to a reserve
grade equal to that temporary grade if he was otherwise eligible for
promotion to that grade under section 8363(a) of that title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8377. Commissioned officers: effect of removal from
recommended list by President
TITLE 10 -- ARMED FORCES
(a) If a reserve commissioned officer who is recommended for
promotion to a reserve grade is not promoted because the President
declines to appoint him, or because the Senate does not consent to his
appointment after he has been nominated for appointment in a reserve
general officer grade, he continues to be eligible as if he had not been
considered for promotion and shall be considered by the next appropriate
selection board considering officers of his grade. If he is recommended
by the next selection board, his name shall be placed on the recommended
list. If he is promoted on the recommendation of that board, he shall
be credited with the same amount of service, computed under section
8360(e) of this title, in the grade to which promoted, that he would
have had if he had been promoted as a result of his original selection.
(b) An officer in the reserve grade of first lieutenant, captain, or
major who is not promoted because the President declines to appoint him
in the next higher grade, and who is not thereafter promoted because --
(1) he is considered by a selection board but is not recommended for
promotion; or
(2) the President again declines to appoint him in the next higher
grade;
shall be treated in the manner provided for deferred officers in
section 8846 of this title.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1529;
amended Pub. L. 86-559, 1(61), June 30, 1960, 74 Stat. 277.)
In subsection (a), the words ''does not'' are substituted for the
words ''refuses to''. The words ''on the recommendation of that board''
are inserted for clarity. The words ''in the grade to which promoted''
are substituted for the words ''in the higher grade''. The words ''for
consideration for promotion'' and ''for that grade by the selection
board which recommended him'' are omitted as surplusage.
1960 -- Subsec. (b). Pub. L. 86-559 substituted ''be treated in the
manner provided for deferred officers in section 8846 of this title''
for '', except as provided in sections 1005 and 1006 of this title, be
transferred to the Retired Reserve, if he is qualified and applies
therefor, or be discharged from his reserve appointment''.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8378. Commissioned officers: promotion of officers removed
from active status
TITLE 10 -- ARMED FORCES
(a) A reserve commissioned officer who has been recommended by a
selection board for promotion to, or found qualified for Federal
recognition in, the next higher reserve grade, and who at the time he
would otherwise be promoted is not eligible because he has been removed
from an active status, may not, if returned to an active status, be
placed on the recommended list unless he is again recommended by a
selection board or is again found qualified for Federal recognition in
the next higher reserve grade.
(b) A reserve commissioned officer covered by subsection (a) shall,
if returned to an active status, be treated as if he had not been
considered by that selection board or examined by the Federal
recognition board that found him qualified for that Federal recognition
before his return to an active status.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1530.)
In subsection (b), the words ''shall * * * be treated as if he had
not'' are substituted for the words ''and shall not be deemed to have
been''. The words ''that found him qualified for that Federal
recognition before his return to an active status'' are substituted for
the words ''which last * * * examined him prior to the time he is
returned to an active status''.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8379. Commissioned officers: appointment in Air National
Guard; function of governor
TITLE 10 -- ARMED FORCES
Notwithstanding any other provision of this chapter, the appointment
of commissioned officers of the Air National Guard is a function of the
governor or other appropriate authority of the jurisdiction concerned.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1530.)
The words ''and promotion'' are omitted as covered by the word
''appointment''.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8380. Commissioned officers: promotion of reserve commissioned
officers on active duty and not on the active duty list
TITLE 10 -- ARMED FORCES
(a) Notwithstanding any other provision of law, a reserve
commissioned officer on active duty for duty described in clause (1)(B),
(1)(C), or (7) of section 523(b) of this title who is recommended by a
selection board for promotion to, or found qualified for Federal
recognition in, a higher reserve grade may, in accordance with
regulations prescribed by the Secretary of Defense and subject to the
limitations of section 524 of this title, be promoted to or extended
Federal recognition in such higher reserve grade and may continue to
serve on active duty, or be ordered to serve on active duty, in such
higher reserve grade.
(b) Notwithstanding any other provision of law, the service in grade
for promotion purposes only of any reserve commissioned officer who is
promoted to or extended Federal recognition in a higher reserve grade
but whose promotion to or recognition in such higher reserve grade was
delayed solely because of limitations imposed in accordance with
regulations prescribed by the Secretary of Defense under subsection (a)
or contained in section 524 of this title, is the date such officer
would have been promoted to or recognized in such higher reserve grade
if the limitations did not exist. In computing service in grade for the
purposes of determining the date for discharge or transfer to the
Retired Reserve under chapter 863 of this title, the date the officer
would have been promoted to or recognized in such higher grade had the
limitations not existed shall be considered the date of promotion to or
recognition in such higher grade.
(c) Regulations prescribed by the Secretary of Defense under
subsection (a) shall prohibit the promotion of an officer under the
authority of that subsection unless the duty assignment of the officer
requires a higher grade than the grade currently held by the officer.
(d) The authority to promote officers under this section shall expire
on September 30, 1993.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1530;
amended Pub. L. 86-559, 1(62), June 30, 1960, 74 Stat. 277; Pub. L.
98-94, title X, 1015(b)(1), Sept. 24, 1983, 97 Stat. 667; Pub. L.
99-145, title V, 521(b), Nov. 8, 1985, 99 Stat. 631; Pub. L. 100-180,
div. A, title V, 502(b)(1), Dec. 4, 1987, 101 Stat. 1085; Pub. L.
101-189, div. A, title V, 503(b)(1), Nov. 29, 1989, 103 Stat. 1437;
Pub. L. 102-484, div. A, title V, 519(b), Oct. 23, 1992, 106 Stat.
2408.)
In subsection (a), the words ''while on that period of active duty''
are omitted as surplusage.
1992 -- Subsec. (d). Pub. L. 102-484 substituted ''September 30,
1993'' for ''September 30, 1992''.
1989 -- Subsec. (d). Pub. L. 101-189 substituted ''September 30,
1992'' for ''September 30, 1989''.
1987 -- Subsec. (d). Pub. L. 100-180 substituted ''September 30,
1989'' for ''September 30, 1987''.
1985 -- Subsec. (d). Pub. L. 99-145 substituted ''September 30,
1987'' for ''September 30, 1985''.
1983 -- Pub. L. 98-94 amended section generally substituting
''promotion of reserve commissioned officers on active duty and not on
the active duty list'' for ''status while serving on active duty after
promotion'' in section catchline and substituting new text for prior
text that read as follows:
''(a) A reserve commissioned officer on active duty (other than for
training) who is promoted to a reserve grade that is higher than the
grade in which he is serving may not serve on active duty in the reserve
grade to which he is promoted and is not entitled to the rank, pay, or
allowances of that higher grade unless he is ordered to serve on active
duty in that higher grade or is temporarily promoted to that higher
grade.
''(b) A reserve commissioned officer on active duty (other than for
training) who is promoted to a reserve grade that is higher than the
grade in which he is serving continues to serve on active duty in the
grade in which he was serving immediately before that promotion, and he
may be appointed in a temporary grade that is equal to the grade in
which he was so serving before that promotion. Unless he expressly
declines it, an officer who is appointed in a temporary grade under this
subsection is considered to have accepted the appointment on the date of
the orders announcing it, and he need not take a new oath of office upon
being so appointed. However, he may decline the temporary appointment
within six months after the date of the orders announcing it. If he has
completed the period of active duty (other than for training) that he is
required by law or regulation to perform as a member of a reserve
component and declines the temporary appointment, he shall be released
from active duty. If he has not completed that period of active duty,
he shall be retained on active duty in the grade in which he was serving
before the promotion and may not be released from active duty on his
application until he completes the period of active duty he is so
required by law or regulation to perform.''
1960 -- Subsec. (b). Pub. L. 86-559, 1(62)(A), (B), substituted
''A'' for ''Except as provided in subsection (c), a'', and ''If he has
completed the period of active duty (other than for training) that he is
required by law or regulation to perform as a member of a reserve
component and declines the temporary appointment, he shall be released
from active duty. If he has not completed that period of active duty,
he shall be retained on active duty in the grade in which he was serving
before the promotion and may not be released from active duty on his
application until he completes the period of active duty he is so
required by law or regulation to perform'' for ''If he so declines the
appointment, he shall be released from active duty''.
Subsec. (c). Pub. L. 86-559, 1(62)(C), repealed subsec. (c) which
prohibited the promotion of a reserve commissioned officer on active
duty (other than for training) who has not completed the period of
active duty that he is required to perform until he completes that
period of active duty or until he is temporarily promoted to a higher
grade.
Amendment by Pub. L. 102-484 effective Sept. 30, 1992, see section
519(d)(1) of Pub. L. 102-484, set out as a note under section 3359 of
this title.
For date of rank of certain Reserve officers appointed to a higher
reserve grade on or after Nov. 29, 1989, see section 502(b)(2), (3) of
Pub. L. 101-189, set out as a note under section 3380 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8381. Commissioned officers: adjutants general and assistant
adjutants general
TITLE 10 -- ARMED FORCES
(a) Within 30 days after a reserve officer who is federally
recognized in the Air National Guard solely because of his appointment
as adjutant general or assistant adjutant general of a State or
Territory, Puerto Rico, or the District of Columbia ceases to occupy
that position --
(1) his Federal recognition shall be withdrawn; and
(2) he shall --
(A) be transferred in grade to the Retired Reserve, if he is
qualified and applies therefor;
(B) be discharged from his reserve appointment and appointed in the
reserve grade held by him as a reserve officer of the Air Force
immediately before his appointment as adjutant general or assistant
adjutant general, if he is qualified and applies for that appointment;
or
(C) be discharged from his reserve appointment.
(b) An officer who is appointed under subsection (a)(2)(B) shall be
credited with an amount of service, computed under section 8360(e) of
this title, in the grade in which he is appointed that is equal to the
amount of that service with which he was credited in that grade and in
any higher grade.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1531;
amended Pub. L. 100-456, div. A, title XII, 1234(a)(1), Sept. 29, 1988,
102 Stat. 2059.)
1988 -- Subsec. (a). 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 8392. Commissioned officers: reserve grade of adjutants
general and assistant adjutants general
TITLE 10 -- ARMED FORCES
The adjutant general or an assistant adjutant general of a State or
Territory, Puerto Rico, or the District of Columbia may be appointed in
the reserve commissioned grade in which Federal recognition in the Air
National Guard is extended to him.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1531;
amended Pub. L. 100-456, div. A, title XII, 1234(a)(1), Sept. 29, 1988,
102 Stat. 2059.)
The words ''grade in which * * * is extended to him'' are substituted
for the words ''in any grade if he is extended * * * in that grade''.
1988 -- Subsec. (a). 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 8393. Commissioned officers: sea or foreign service not to be
required for promotion
TITLE 10 -- ARMED FORCES
Sea or foreign service may not be made a condition to the promotion
of reserve commissioned officers in reserve grades.
(Added Pub. L. 85-861, 1(178)(C), Sept. 2, 1958, 72 Stat. 1531.)
The words ''may not be made a condition to'' are substituted for the
words ''There shall be no requirement for''.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8394. Officers; acceptance of promotion
TITLE 10 -- ARMED FORCES
(a) An officer of the Air National Guard of the United States or the
Air Force Reserve who is promoted as a Reserve is considered to have
accepted his promotion on the date of the order announcing it, unless he
expressly declines the promotion. He is entitled to the pay and
allowances of the higher grade from that date, unless entitled to them
from an earlier date under another provision of law.
(b) An officer need not take the oath of office upon promotion if his
service since last taking it has been continuous.
(Aug. 10, 1956, ch. 1041, 70A Stat. 521.)
In subsection (a), the words ''is considered'' are substituted for
the words ''shall be deemed''. The words ''is entitled'' are
substituted for the words ''and shall receive''. The words ''to them''
are substituted for the words ''to receive the pay and allowances of the
higher grade.'' The words ''that date'' are substituted for the words
''an earlier date''. The words ''after December 7, 1941'' are omitted
as executed. The words ''to a higher grade at any time'', ''for all
purposes'', and ''to higher grade'' are omitted as surplusage.
In subsection (b), the words ''An officer need not take'' are
substituted for 10:558 (1st 29 words of last sentence). The words
''since last taking it'' are substituted for the words ''after the
taking of such an oath''. The words ''to a higher grade'' are omitted
as surplusage.
10 USC 8395. During war
TITLE 10 -- ARMED FORCES
In addition to appointments in time of war under chapter 839 of this
title, appointments of reserve officers may be made in time of war.
(Aug. 10, 1956, ch. 1041, 70A Stat. 521.)
The exception as to chapter 839 of this title is inserted for
clarity. The word ''persons'' is omitted as surplusage.
10 USC 8396. Exclusion of officers on the active-duty list
TITLE 10 -- ARMED FORCES
The preceding sections of this chapter, except section 8353, do not
apply to reserve officers on the active-duty list.
(Added Pub. L. 96-513, title II, 206(b), Dec. 12, 1980, 94 Stat.
2884.)
Section effective Sept. 15, 1981, but the authority to prescribe
regulations under this section effective on Dec. 12, 1980, see section
701 of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment
note under section 101 of this title.
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 CHAPTER 839 -- TEMPORARY APPOINTMENTS
TITLE 10 -- ARMED FORCES
Sec.
(8441 to 8445. Repealed.)
8446. Retention on active duty.
(8447 to 8352. Repealed.)
1980 -- Pub. L. 96-513, title V, 504(12), Dec. 12, 1980, 94 Stat.
2917, struck out items 8441 ''General rule'', 8442 ''Commissioned
officers; regular and reserve components: appointment in higher
grade'', 8444 ''Commissioned officers: during war or emergency'', 8445
''Officers: additional appointments during war or emergency'', 8447
''Appointments in commissioned grade: how made; how terminated'', 8448
''Warrant officers: grades; appointment'', 8449 ''Warrant officers:
promotion'', 8451 ''Officers: acceptance of appointment in higher
grade'', and 8452 ''Medical and dental officers: temporary promotion to
captain''.
1968 -- Pub. L. 90-235, 3(b)(6), Jan. 2, 1968, 81 Stat. 758,
struck out item 8450 ''Warrant officers: suspension of laws for
promotion or mandatory retirement or separation during war or
emergency''.
1958 -- Pub. L. 85-861, 1(180)(F), (G), Sept. 2, 1958, 72 Stat.
1532, struck out item 8443 ''Commissioned officers; Reserves;
appointment in higher or lower grade'', and added item 8452.
10 USC ( 8441, 8442. Repealed. Pub. L. 96-513, title II, 207, Dec.
12, 1980, 94 Stat. 2884)
TITLE 10 -- ARMED FORCES
Section 8441, act Aug. 10, 1956, ch. 1041, 70A Stat. 521, provided
that temporary appointments be made only in the Air Force without
specification of component.
Section 8442, act Aug. 10, 1956, ch. 1041, 70A Stat. 521, provided
that a regular commissioned officer, or a reserve commissioned officer
who is serving on active duty, may be appointed, based upon ability and
efficiency with regard being given to seniority and age, in a temporary
grade that is equal to or higher than his regular or reserve grade,
without vacating any other grade held by him. See section 601 of this
title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 8443. Repealed. Pub. L. 85-861, 36B(25), Sept. 2, 1958, 72
Stat. 1571)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 522, related to
grade of reserve commissioned officers ordered to active duty or serving
on active duty.
10 USC ( 8444, 8445. Repealed. Pub. L. 96-513, title II, 207, Dec.
12, 1980, 94 Stat. 2884)
TITLE 10 -- ARMED FORCES
Section 8444, acts Aug. 10, 1956, ch. 1041, 70A Stat. 522; Sept.
2, 1958, Pub. L. 85-861, 1(180)(A), 72 Stat. 1532, authorized
President, in time of war or national emergency, to appoint any
qualified person, including a person who is not a Regular or Reserve, in
any temporary grade, provided for vacation of the appointment, and
permitted, for purposes of determining grade, position on a promotion
list, seniority in temporary grade, and eligibility for promotion, a
medical or dental officer of the Air Force who is appointed in a
temporary grade to be credited, when he enters active duty, with the
constructive service authorized by section 8294(b) of this title. See
section 603 of this title.
Section 8445, acts Aug. 10, 1956, ch. 1041, 70A Stat. 522; Sept.
2, 1958, Pub. L. 85-861, 1(180)(B), 72 Stat. 1532, provided that in
addition to temporary appointments authorized, in time of war or
national emergency, a regular officer or a reserve warrant officer may
be appointed in any temporary grade higher than his regular or reserve
grade, without vacating that grade, or a person who holds no
commissioned grade in Regular Air Force be appointed in any temporary
commissioned grade. See section 603 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8446. Retention on active duty
TITLE 10 -- ARMED FORCES
The President may retain on active duty a disabled officer until --
(1) the physical condition of the officer is such that the officer
will not be further benefited by retention in a military hospital or a
medical facility of the Department of Veterans Affairs; or
(2) the officer is processed for physical disability benefits
provided by law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 522; Sept. 2, 1958, Pub. L.
85-861, 1(180)(C), 72 Stat. 1532; Nov. 29, 1989, Pub. L. 101-189, div.
A, title XVI, 1621(a)(10), 103 Stat. 1603; Apr. 6, 1991, Pub. L.
102-25, title VII, 701(j)(6), 105 Stat. 116.)
The word ''Shall'' is substituted for the words ''authorized and
directed''. The words ''on active duty'' are substituted for the words
''in service''. The words ''warrant officers, and flight officers'' are
omitted, since the definition of ''officer'' in section 101(14) of this
title covers commissioned, warrant, and flight officers. The words
''who has only a temporary appointment'' are substituted for the words
''of the Air Force * * * of the United States''. The words ''his
physical condition is such that he'' are substituted for the words
''their treatment for physical reconstruction has reached a point where
they''. The words ''in the Air Force'' are substituted for the words
''in the military service''.
The words ''commissioned officers and warrant'' are omitted as
covered by the definition of the word ''officer'' in section 101(14) of
this title. The words ''condition is such that'' are substituted for
the words ''reconstruction has reached a point where''.
1991 -- Par. (2). Pub. L. 102-25 struck out ''as'' before ''provided
by law''.
1989 -- Pub. L. 101-189 amended section generally. Prior to
amendment, section read as follows: ''Notwithstanding any other
provision of law, the President may retain on active duty any disabled
officer until his physical condition is such that he will not be further
benefited by retention in a military or Veterans' Administration
hospital or until he is processed for physical disability benefits
provided by law.''
1958 -- Pub. L. 85-861 substituted ''may retain on active duty any
disabled officer'' for ''shall retain on active duty any disabled
officer who has only a temporary appointment'', and ''military or
Veterans' Administration hospital or until he is processed for physical
disability benefits provided by law'', for ''military hospital or in the
Army''.
10 USC ( 8447. Repealed. Pub. L. 96-513, title II, 207, Dec. 12,
1980, 94 Stat. 2884)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 523; Sept. 2,
1958, Pub. L. 85-861, 1(180)(D), 72 Stat. 1532; Sept. 28, 1971, Pub.
L. 92-129, title VI, 604, 85 Stat. 362, provided that temporary
appointment of a person be made without reference to any other
appointment that he may hold in the Air Force, temporary appointments of
commissioned officers in the Regular Air Force be made by the President
alone in grades below lieutenant colonel and by the President, by and
with the consent of the Senate, in grades of lieutenant colonel and
above, temporary appointments of commissioned officers in the reserve
components of the Air Force be made by the President alone in grades
below lieutenant colonel and by the President, by and with the consent
of the Senate, in grades above major, and that the President may vacate
at any time a temporary appointment in a commissioned grade. See
section 601 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 8448, 8449. Repealed. Pub. L. 96-513, title II, 208, Dec.
12, 1980, 94 Stat. 2884)
TITLE 10 -- ARMED FORCES
Section 8448, acts Aug. 10, 1956, ch. 1041, 70A Stat. 523; Aug.
8, 1958, Pub. L. 85-603, 1(4), 72 Stat. 526; Sept. 2, 1958, Pub. L.
85-861, 33(a)(39), 72 Stat. 1566, authorized Secretary of the Air
Force, upon his determination of need, to appoint qualified persons as
warrant officers, with such appointments to continue at pleasure of
Secretary, and such warrant officers entitled to count all periods of
active duty under appointment as warrant or enlisted service for all
purposes and to benefits of all laws and regulations applicable to
retirement, pensions, and disability of members of Air Force on active
duty. See section 602 of this title.
Section 8449, act Aug. 10, 1956, ch. 1041, 70A Stat. 523, provided
that temporary promotions in warrant officer grades be governed by such
regulations as the Secretary of the Air Force prescribe. See section
602 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 8450. Repealed. Pub. L. 90-235, 3(b)(1), Jan. 2, 1968, 81
Stat. 758)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 523, provided for
suspension of laws for promotion or mandatory retirement or separation
during war or emergency of temporary warrant officers of Air Force.
10 USC ( 8451, 8452. Repealed. Pub. L. 96-513, title II, 207, Dec.
12, 1980, 94 Stat. 2884)
TITLE 10 -- ARMED FORCES
Section 8451, act Aug. 10, 1956, ch. 1041, 70A Stat. 524, provided
that an officer who is promoted to a temporary grade is considered to
have accepted his promotion on date of order announcing it, unless he
expressly declines promotion.
Section 8452, added Pub. L. 85-861, 1(180)(E), Sept. 2, 1958, 72
Stat. 1532, provided that, notwithstanding any other provision of law,
a medical or dental officer may be promoted to temporary grade of
captain at any time after first anniversary of date upon which he
graduated from a medical, osteopathic, or dental school.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC CHAPTER 841 -- ACTIVE DUTY
TITLE 10 -- ARMED FORCES
Sec.
8491. Non-regular officers: status.
(8492, 8494. Repealed.)
8495. Air National Guard of United States: status.
8496. Air National Guard of United States: commissioned officers;
duty in National Guard Bureau.
8497. Air National Guard of United States: members; status in
which ordered into Federal service.
8498. Air National Guard of United States: mobilization;
maintenance of organization.
8499. Air National Guard in Federal service: status.
8500. Air National Guard in Federal service: call.
8501. Air National Guard in Federal service: period of service;
apportionment.
8502. Air National Guard in Federal service: physical examination.
8503. Retired commissioned officers: status.
(8504. Repealed.)
1980 -- Pub. L. 96-513, title V, 504(13), Dec. 12, 1980, 94 Stat.
2917, struck out items 8494 ''Commissioned officers: grade in which
ordered to active duty'' and 8504 ''Retired commissioned officers:
status''.
1968 -- Pub. L. 90-235, 1(a)(4), Jan. 2, 1968, 81 Stat. 753,
struck out item 8492 ''Members: service extension during war''.
1967 -- Pub. L. 90-130, 1(29)(B), Nov. 8, 1967, 81 Stat. 382,
struck out '': limitations; grade'' after ''Retired members'' in item
8504.
1958 -- Pub. L. 85-861, 1(181)(B), Sept. 2, 1958, 72 Stat. 1533,
added item 8494.
Disabled officers having temporary appointments, retention on active
duty, see section 8446 of this title.
10 USC 8491. Non-regular officers: status
TITLE 10 -- ARMED FORCES
A commissioned officer of the Air Force, other than of the Regular
Air Force, who is on active duty in any commissioned grade has the
rights and privileges, and is entitled to the benefits, provided by law
for a commissioned officer of the Air Force Reserve --
(1) whose reserve grade is that in which the officer not of the
Regular Air Force is serving;
(2) who has the same length of service as the officer not of the
Regular Air Force; and
(3) who is on active duty in his reserve grade.
(Aug. 10, 1956, ch. 1041, 70A Stat. 524.)
The first 12 words are substituted for 10:506d(h) (1st 11 words).
The words ''has the rights and privileges, and is entitled to the
benefits'' are substituted for the words ''shall be entitled * * * to
the same rights, privileges, and benefits''. Clause (1) is substituted
for the words ''in a grade the same as such 'active-duty grade'''. The
words ''as the officer not of the Regular Air Force'' are substituted
for the words ''holding appointment in the Army Reserve''. The words
''his reserve grade'' are substituted for the words ''the grade held in
the Army''.
10 USC ( 8492. Repealed. Pub. L. 90-235, 1(a)(2), Jan. 2, 1968, 81
Stat. 753)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 524, provided for
extension of active service of Air Force members during war. See
section 671a of this title.
10 USC ( 8494. Repealed. Pub. L. 96-513, title II, 209(a), Dec. 12,
1980, 94 Stat. 2884)
TITLE 10 -- ARMED FORCES
Section, added Pub. L. 85-861, 1(181)(A), Sept. 2, 1958, 72 Stat.
1532; amended Pub. L. 86-559, 1(63), June 30, 1960, 74 Stat. 278,
provided that a reserve commissioned officer who is ordered to active
duty be ordered to that duty in his reserve grade unless the Secretary
of the Air Force orders him to active duty, other than for training, in
a higher temporary grade and authorized a reserve commissioned officer
who is selected for participation in a program under which he will be
ordered to active duty for at least one academic year at a civilian
school or college to be ordered, upon his request, to that duty in a
temporary grade that is lower than his reserve grade, without affecting
his reserve grade. See section 689 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8495. Air National Guard of United States: status
TITLE 10 -- ARMED FORCES
Members of the Air National Guard of the United States are not in
active Federal service except when ordered thereto under law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 524.)
The words ''active Federal service'' are substituted for the words
''active duty in the service of the United States''.
Call into Federal service, see section 8500 of this title.
Regulations to carry out this section, see section 280 of this title.
10 USC 8496. Air National Guard of United States: commissioned
officers; duty in National Guard Bureau
TITLE 10 -- ARMED FORCES
(a) The President may, with their consent, order commissioned
officers of the Air National Guard of the United States to active duty
in the National Guard Bureau.
(b) The number of officers of the Air National Guard of the United
States in any grade below brigadier general who are ordered to active
duty in the National Guard Bureau may not be more than 40 percent of the
number of officers of the Air Force in that grade authorized for duty in
that Bureau.
(Aug. 10, 1956, ch. 1041, 70A Stat. 524.)
In subsection (a), the words ''who at the time of their original
assignments are members'' are omitted as surplusage. 32:175 (30 words
before proviso) is omitted as covered by the Career Compensation Act of
1949, 63 Stat. 802 (37 U.S.C. 231 et seq.)
In subsection (b), the words ''below brigadier general'' are
substituted for the words ''below * * * General Officer''. The words
''in any grade * * * who are ordered to active duty'' are substituted
for the words ''authorized in each grade for duty''.
Payment of pay and allowances for the Chief of the National Guard
Bureau and officers ordered to active duty under this section, see
section 107 of Title 32, National Guard.
204.
10 USC 8497. Air National Guard of United States: members; status in
which ordered into Federal service
TITLE 10 -- ARMED FORCES
Members of the Air National Guard of the United States ordered to
active duty shall be ordered to duty as Reserves of the Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 525.)
The words ''officers and enlisted'' and ''in their status'' are
omitted as surplusage. The word ''Reserves'' is substituted for the
words ''Reserve officers and Reserve enlisted members''. The words ''to
active duty'' are substituted for the words ''into Federal service''.
10 USC 8498. Air National Guard of United States: mobilization;
maintenance of organization
TITLE 10 -- ARMED FORCES
During an initial mobilization, the organization of a unit of the Air
National Guard of the United States ordered into active Federal service
shall, so far as practicable, be maintained as it existed on the date of
the order to duty.
(Aug. 10, 1956, ch. 1041, 70A Stat. 525.)
The words ''ordered into active Federal service'' are inserted for
clarity. The words ''shall * * * be maintained as it existed on the
date of the order to duty'' are substituted for the words ''existing at
the date of an order to active Federal service shall be maintained
intact''.
Regulations to carry out this section, see section 280 of this title.
10 USC 8499. Air National Guard in Federal service: status
TITLE 10 -- ARMED FORCES
Members of the Air National Guard called into Federal service are,
from the time when they are required to respond to the call, subject to
the laws and regulations governing the Air Force, except those
applicable only to members of the Regular Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 525.)
The words ''Members of'' are inserted for clarity. The words
''governing the Air Force, except those applicable only to members of
the Regular Air Force'' are substituted for the words ''governing the
Regular Army, so far as such laws and regulations are applicable to
officers and enlisted men whose permanent retention in the military
service, either on the active list or on the retired list, is not
contemplated by existing law'', since the Regular Air Force, under
section 8075 of this title, consists only of persons whose permanent
retention in the military service is ''contemplated by law''.
10 USC 8500. Air National Guard in Federal service: call
TITLE 10 -- ARMED FORCES
Whenever --
(1) the United States, or any of the Territories, Commonwealths, or
possessions, is invaded or is in danger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebellion against the
authority of the Government of the United States; or
(3) the President is unable with the regular forces to execute the
laws of the United States;
the President may call into Federal service members and units of the
Air National Guard of any State or Territory, Puerto Rico, or the
District of Columbia in such numbers as he considers necessary to repel
the invasion, suppress the rebellion, or execute those laws. Orders for
these purposes shall be issued through the governors of the States, the
Territories, and Puerto Rico, and, in the District of Columbia, through
the commanding general of the National Guard of the District of
Columbia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 525; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(a)(1), 102 Stat. 2059.)
The words ''or its Territories, Commonwealths, or possessions'' are
inserted to conform to an opinion of the Judge Advocate General of the
Army (C. 16273, May 3, 1904). The words ''laws of the United States''
are substituted for the words ''laws of the Union''. The word ''may''
is substituted for the words ''it shall be lawful for''. The words
''into Federal service'' are substituted for the word ''forth''. The
words ''members and units'' are substituted for the word ''number''.
The words ''in such a number as he considers necessary'' are substituted
for the words ''as he may deem''. The words ''at his command'' and
32:81a (last 11 words) are omitted as surplusage.
1988 -- Pub. L. 100-456 struck out ''the Canal Zone,'' after
''Puerto Rico,'' in first sentence and substituted ''and Puerto Rico''
for ''Puerto Rico, and the Canal Zone'' in second sentence.
10 USC 8501. Air National Guard in Federal service: period of
service; apportionment
TITLE 10 -- ARMED FORCES
(a) Whenever the President calls the Air National Guard of a State or
Territory, Puerto Rico, or the District of Columbia into Federal
service, he may specify in the call the period of the service. Members
and units called shall serve inside or outside the territory of the
United States during the term specified, unless sooner relieved by the
President. However, no member of the Air National Guard may be kept in
Federal service beyond the term of his commission or enlistment.
(b) When the Air National Guard of a State or Territory, Puerto Rico,
or the District of Columbia is called into Federal service with the Air
National Guard of another of those jurisdictions, the President may
apportion the total number called on the basis of the populations of the
jurisdictions affected by the call.
(Aug. 10, 1956, ch. 1041, 70A Stat. 525; Sept. 29, 1988, Pub. L.
100-456, div. A, title XII, 1234(a)(1), 102 Stat. 2059.)
The last proviso of section 5 of the Act of January 21, 1903, ch.
196, 32 Stat. 776, is not contained in 32: 81b. It is also omitted
from the revised section, since in the opinion of the Judge Advocate
General of the Army (JAG 010.3, Dec. 12, 1929, p. 20) it was impliedly
repealed by section 3 of the Act of April 25, 1914, ch. 71, 38 Stat.
347.
In subsection (a), the words ''of the service'' are substituted for
the words ''for which such service is required''. The words ''members
and units called'' are substituted for the words ''militia so called''.
The word ''member'', in the last sentence is substituted for the words
''commissioned officer or enlisted man''. The words ''except as
provided in section 81 of this title'' are omitted, since that section
was repealed by the seventh paragraph of section 803 of the Armed Forces
Reserve Act of 1952, 66 Stat. 505.
In subsections (a) and (b), the words ''Air National Guard'' are
substituted for the words ''organized militia (including the National
Guard)''. The words ''Federal service'' are substituted for the words
''service of the United States'' and ''actual service of the United
States''.
In subsection (b), the words ''When * * * of a * * * is called * * *
with * * * of another of those jurisdictions'' are substituted for the
words ''When * * * of more than one * * * is called''. The words ''the
total number'' are substituted for the word ''them''. The last 15 words
are substituted for the words ''according to representative
population''.
1988 -- Subsecs. (a), (b). Pub. L. 100-456 struck out ''the Canal
Zone,'' after ''Puerto Rico,''.
10 USC 8502. Air National Guard in Federal service: physical
examination
TITLE 10 -- ARMED FORCES
(a) Under regulations prescribed by the President, each member of the
Air National Guard called into Federal service shall be examined as to
physical fitness, without further commission or enlistment.
(b) Immediately before such a member is mustered out of Federal
service he shall be examined as to physical fitness. The record of this
examination shall be retained by the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 526.)
In subsection (a), the words ''Each member'' are substituted for the
words ''Every officer and enlisted man''.
In subsections (a) and (b), the words ''Federal service'' are
substituted for the words ''the service of the United States'' and ''the
active service of the United States''.
In subsection (b), the words ''a member'' are substituted for the
words ''an officer or enlisted man''. The words ''The record of this
examination shall be retained by the United States'' are substituted for
the words ''and the record thereof shall be filed and kept in the
Department of the Army'', to conform to the Act of June 19, 1934, ch.
668, 48 Stat. 1122 (44 U.S.C. 300 et. seq.) which governs the care and
custody of records generally.
10 USC 8503. Retired commissioned officers: status
TITLE 10 -- ARMED FORCES
A retired commissioned officer of the Air Force who is on active duty
is considered, for all purposes except promotion, to be an officer of
the organization to which he is assigned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 526.)
The words ''and shall be an extra number therein'' are omitted,
since, in the opinion of the Judge Advocate General of the Army (JAG
210.85, Feb. 21, 1923), they were repealed by the Act of July 31, 1935,
ch. 422, 49 Stat. 505. The words ''in the discretion of the President,
employed * * * assigned to duty'' are omitted as surplusage. The words
''arms, corps, department'' are omitted, since the Air Force does not
have organic corps created by statute.
10 USC ( 8504. Repealed. Pub. L. 96-513, title II, 210, Dec. 12,
1980, 94 Stat. 2884)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 526; Nov. 8,
1967, Pub. L. 90-130, 1(29), 81 Stat. 382, authorized President to
order any retired member of Regular Air Force to active duty and assign
him duties considered necessary in interests of national defense. See
section 688 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC CHAPTER 843 -- SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND
DUTIES
TITLE 10 -- ARMED FORCES
Sec.
(8531 to 8540. Repealed.)
8541. National Guard Bureau: assignment of officers of regular or
reserve components.
8542. Chief and assistant chief of staff of wings of Air National
Guard in Federal service: detail.
8543. Aides: detail; number authorized.
(8544 to 8546. Repealed.)
8547. Duties: chaplains; assistance required of commanding
officers.
8548. Duties: warrant officers; limitations.
(8549. Repealed.)
1991 -- Pub. L. 102-190, div. A, title V, 531(a)(2), Dec. 5,
1991, 105 Stat. 1365, struck out item 8549 ''Duties: female members;
limitations''.
1980 -- Pub. L. 96-513, title V, 504(14), Dec. 12, 1980, 94 Stat.
2917, struck out item 8531 ''Chief of Staff to President:
appointment''.
1968 -- Pub. L. 90-235, 4(a)(11), (b)(4), Jan. 2, 1968, 81 Stat.
760, struck out item 8537 ''Department of Commerce: detail in aid of
civil aviation'', item 8544 ''Duties: regular officers; performance of
civil functions restricted'', and item 8545 ''Duties: officers;
superintendence of cooking for enlisted members''.
1964 -- Pub. L. 88-647, title III, 301(24), Oct. 13, 1964, 78
Stat. 1073, struck out item 8540 ''Educational institutions: detail of
members of regular or reserve components as professors and instructors
in air science and tactics''.
1958 -- Pub. L. 85-861, 1(182), Sept. 2, 1958, 72 Stat. 1533,
struck out item 8546 ''Duties: medical officers, contract surgeons;
attendance on families of members''.
Reserve Forces Policy Board, designation of officer of Regular Air
Force as member, see section 175 of this title.
Special appointments, assignments, details and duties, general
military law provisions, see section 711 et seq. of this title.
10 USC ( 8531. Repealed. Pub. L. 96-513, title II, 233(b), Dec. 12,
1980, 94 Stat. 2887)
TITLE 10 -- ARMED FORCES
Section, act Aug,. 10, 1956, ch. 1041, 70A Stat. 526, authorized
President, by and with consent of Senate, to appoint a general officer
of Air Force as Chief of Staff to President, which officer, unless
entitled to rank, pay, and allowances of a grade above lieutenant
general under another provision of law, is entitled to rank, pay, and
allowances of a general, and is in addition to number otherwise
authorized for that grade.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 8537. Repealed. Pub. L. 90-235, 4(b)(1), Jan. 2, 1968, 81
Stat. 760)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 526, provided for
detail of Air Force officers to duty under Secretary of Commerce in
connection with promotion of civil aviation.
10 USC ( 8540. Repealed. Pub. L. 88-647, title III, 301(23), Oct. 13,
1964, 78 Stat. 1073)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 527, related to
detail of members of regular or reserve components as professors and
instructors in air science and tactics. See section 2111 of this title.
10 USC 8541. National Guard Bureau: assignment of officers of regular
or reserve components
TITLE 10 -- ARMED FORCES
Except as provided in section 8496(b) of this title, the President
may assign to duty in the National Guard Bureau as many regular or
reserve officers of the Air Force as he considers necessary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 527.)
The words ''Except as provided in section 8496(b) of this title'' are
inserted to reflect the limitation upon the number of commissioned
officers of the Air National Guard of the United States who may be
ordered to that duty. The words ''or reserve'' are inserted, since,
under section 682 of this title, Reserves may be detailed or assigned to
duties authorized for Regulars.
10 USC 8542. Chief and assistant chief of staff of wings of Air
National Guard in Federal service: detail
TITLE 10 -- ARMED FORCES
The President may detail a regular or reserve officer of the Air
Force as chief of staff, and a regular or reserve officer or an officer
of the Air National Guard as assistant to the chief of staff, of any
wing of the Air National Guard that is in Federal service as an Air
National Guard organization.
(Aug. 10, 1956, ch. 1041, 70A Stat. 527.)
The words ''or reserve'' are inserted, since, under section 682 of
this title, Reserves may be detailed or assigned to duties authorized
for Regulars.
10 USC 8543. Aides: detail; number authorized
TITLE 10 -- ARMED FORCES
(a) Each major general of the Air Force is entitled to three aides
selected by him from commissioned officers of the Air Force in any grade
below major.
(b) Each brigadier general of the Air Force is entitled to two aides
selected by him from commissioned officers of the Air Force in any grade
below captain.
(Aug. 10, 1956, ch. 1041, 70A Stat. 527.)
In subsection (a), the words ''commissioned officers * * * in any
grade below major'' are substituted for the words ''captains or
lieutenants''.
In subsections (a) and (b), the words ''is entitled to'' are
substituted for the words ''shall have''.
In subsection (b), the words ''commissioned officers in any grade
below captain'' are substituted for the word ''lieutenants''.
10 USC ( 8544, 8545. Repealed. Pub. L. 90-235, 4(a)(6), (b)(1), Jan.
2, 1968, 81 Stat. 759, 760)
TITLE 10 -- ARMED FORCES
Section 8544, act Aug. 10, 1956, ch. 1041, 70A Stat. 527,
restricted performance of civil functions by commissioned officers of
Regular Air Force. See section 973 of this title.
Section 8545, act Aug. 10, 1956, ch. 1041, 70A Stat. 528, provided
that cooking for enlisted members of Air Force should be superintended
by officers of organizations to which members belonged.
10 USC ( 8546. Repealed. Pub. L. 85-861, 36B(26), Sept. 2, 1958, 72
Stat. 1571)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 528, required
medical officers and contract surgeons to attend families of members of
Air Force.
10 USC 8547. Duties: chaplains; assistance required of commanding
officers
TITLE 10 -- ARMED FORCES
(a) Each chaplain shall, when practicable, hold appropriate religious
services at least once on each Sunday for the command to which he is
assigned, and shall perform appropriate religious burial services for
members of the Air Force who die while in that command.
(b) Each commanding officer shall furnish facilities, including
necessary transportation, to any chaplain assigned to his command, to
assist the chaplain in performing his duties.
(Aug. 10, 1956, ch. 1041, 70A Stat. 528.)
In subsection (a), the words ''members of the Air Force'' are
substituted for the words ''officers and soldiers''.
In subsection (b), the words ''regiments, hospitals, and posts'', in
10:239, are omitted, since at the time of the enactment of section 1127
of the Revised Statutes, chaplains were authorized only for regiments,
hospitals, and posts. The revised section preserves the broad coverage
of the original statute. The words ''each commanding officer shall''
are substituted for the words ''It shall be the duty of commanders'', in
10:239. The word ''furnish'' is substituted for the words ''to afford'',
in 10:239. The words ''including necessary transportation'' are
substituted for the last sentence of section 12 of the Act of February
2, 1901, ch. 192, 31 Stat. 750. The words ''his command'' are
substituted for the words ''the same'', in 10:239. The words ''to
assist'' are substituted for the words ''as may aid them'', in 10:239.
10 USC 8548. Duties: warrant officers; limitations
TITLE 10 -- ARMED FORCES
Under regulations prescribed by the President, a warrant officer may
be assigned to perform duties that necessarily include those normally
performed by a commissioned officer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 528.)
10:593 (1st sentence, less provisos) is omitted as superseded by
section 8012(e) of this title. 10:593 (last proviso) is omitted as
covered by section 936(a)(4) of this title (article 136(a)(4) of the
Uniform Code of Military Justice). The words ''may be assigned'' are
substituted for the words ''shall be vested with power to''.
10 USC ( 8549. Repealed. Pub. L. 102-190, div. A, title V, 531(a)(1),
Dec. 5, 1991, 105 Stat. 1365)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 528, prohibited
assignment of female members, except those designated under section
8067, to duty in aircraft engaged in combat missions.
10 USC CHAPTER 845 -- RANK AND COMMAND
TITLE 10 -- ARMED FORCES
Sec.
(8571. Repealed.)
8572. Rank: commissioned officers serving under temporary
appointments.
(8573, 8574. Repealed.)
8575. Rank: warrant officers.
(8576 to 8578. Repealed.)
8579. Command: commissioned officers in certain designated
categories.
(8580. Repealed.)
8581. Command: chaplains.
(8582. Repealed.)
1980 -- Pub. L. 96-513, title V, 504(15), Dec. 12, 1980, 94 Stat.
2917, struck out items 8571 ''Rank: commissioned officers on active
duty'', 8573 ''Rank: commissioned officers in regular grades of
brigadier general and major general; seniority list'', 8574 ''Rank:
commissioned officers in regular grades below brigadier general'', and
8582 ''Command: retired officers''.
1974 -- Pub. L. 93-525, Dec. 18, 1974, 88 Stat. 1695, struck out
item 8577 ''Command: flying units''.
1968 -- Pub. L. 90-235, 5(a)(5), Jan. 2, 1968, 81 Stat. 761,
struck out items 8576 ''Command: when different commands of Air Force
and Marine Corps join'', and 8578 ''Command, commissioned officers of
Air Force in same grade on duty at same place''.
1967 -- Pub. L. 90-130, 1(30), Nov. 8, 1967, 81 Stat. 382, struck
out item 8580 ''Command: female members of Air Force''.
10 USC ( 8571. Repealed. Pub. L. 96-513, title II, 211, Dec. 12,
1980, 94 Stat. 2885)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 528; Sept. 2,
1958, Pub. L. 85-861, 1(183), 33(a)(41), 72 Stat. 1533, 1566; June
30, 1960, Pub. L. 86-559, 1(64), 74 Stat. 278, provided that
commissioned officers of Air Force on active duty in same grade rank
themselves according to date of rank and specified procedures for
determining date of rank. See section 741 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8572. Rank: commissioned officers serving under temporary
appointments
TITLE 10 -- ARMED FORCES
The President may, in accordance with the needs of the Air Force,
adjust dates of rank of commissioned officers of the Air Force serving
in temporary grades.
(Aug. 10, 1956, ch. 1041, 70A Stat. 529.)
The word ''commissioned'' is inserted for clarity, since the source
statute related only to commissioned officers. The words ''in his
discretion, from time to time'' are omitted as surplusage.
Temporary appointments, see section 601 et seq. of this title.
10 USC ( 8573, 8574. Repealed. Pub. L. 96-513, title II, 211, Dec.
12, 1980, 94 Stat. 2885)
TITLE 10 -- ARMED FORCES
Section 8573, act Aug. 10, 1956, ch. 1041, 70A Stat. 529,
specified date of rank of an officer whose regular grade is brigadier
general and date of rank of an officer whose regular grade is major
general and provided that names of general officers of Regular Air Force
be carried on a seniority list in order of seniority in both regular
grade and date of rank. See section 741 of this title.
Section 8574, acts Aug. 10, 1956, ch. 1041, 70A Stat. 530; Sept.
2, 1958, Pub. L. 85-861, 1(184), 33(a)(24), 72 Stat. 1533, 1565,
provided for determination of rank of commissioned officers of same
grade in Regular Air Force who are on same promotion list, rank of
commissioned officers of same grade in Regular Air Force who are not on
same promotion list or not on a promotion list, and rank among graduates
of each class at United States Military, Naval, or Air Force Academies
who, upon graduation, are appointed to Regular Air Force. See section
741 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8575. Rank: warrant officers
TITLE 10 -- ARMED FORCES
Warrant officers rank next below second lieutenants and rank among
themselves within each warrant officer grade under regulations to be
prescribed by the Secretary of the Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 530.)
10:593 (2d sentence) is omitted as executed. The words ''within each
warrant officer grade'' are inserted for clarity, since section 745 of
this title covers rank between warrant officers in different warrant
officer grades. The words ''they shall take precedence'' are omitted as
surplusage.
Rank of warrant officers, general military law provisions, see
section 742 of this title.
10 USC ( 8576. Repealed. Pub. L. 90-235, 5(a)(2), Jan. 2, 1968, 81
Stat. 761)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 530, provided for
command when different commands of Air Force and Marine Corps joined or
served together. See section 747 of this title.
10 USC ( 8577. Repealed. Pub. L. 93-525, Dec. 18, 1974, 88 Stat.
1695)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 530, provided for
the command of flying units by commissioned officers of Air Force who
had received aeronautical ratings as pilots of service types of
aircraft.
10 USC ( 8578. Repealed. Pub. L. 90-235, 5(a)(2), Jan. 2, 1968, 81
Stat. 761)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 530, provided for
command when two or more commissioned officers of Air Force in same
grade were on duty at same place. See section 749 of this title.
10 USC 8579. Command: commissioned officers in certain designated
categories
TITLE 10 -- ARMED FORCES
An officer designated as a medical, dental, veterinary, medical
service, or biomedical sciences officer or as a nurse is not entitled to
exercise command because of rank, except within the categories
prescribed in subsection (a), (b), (c), (d), (e), (f), or (i) of section
8067 of this title, or over persons placed under his charge.
(Aug. 10, 1956, ch. 1041, 70A Stat. 531; Sept. 2, 1958, Pub. L.
85-861, 1(156), (185), 72 Stat. 1513, 1533; Dec. 12, 1980, Pub. L.
96-513, title II, 212(b), 94 Stat. 2885.)
In subsection (a), the words ''Except as provided in section 94 of
this title'', not contained in section 1169 of the Revised Statutes, but
contained in the United States Code, are omitted as surplusage, since
10:94 deals exclusively with assignments. The words ''except within the
categories prescribed in section 8067(a)-(d) of this title'' are
substituted for the words ''in the line or in other staff corps''. Air
Force nurses and women medical specialists are not covered by subsection
(a), since their command authority is specifically stated in subsection
(b).
In subsection (b), the words ''may exercise command only'' are
substituted for the words ''shall not be entitled * * * to command
except''. The words ''by virtue of their rank'' and ''by competent
authority'' are omitted as surplusage. 10:166(e) (last 22 words of last
sentence) is omitted as superseded by section 8012(e) of this title.
This amendment reflects the authority contained in section 8067(e)
and (f) of this title to appoint male reserve officers with a view to
designation as Air Force nurses or medical specialists.
1980 -- Pub. L. 96-513 substituted provision prohibiting an officer
designated as a medical, dental, veterinary, medical service, or
biomedical sciences officer or as a nurse from exercising command
because of rank, except within the categories prescribed in section
8067(a) to (f) or (i) of this title, or over persons placed under his
charge for provision prohibiting an officer designated as a medical,
dental, veterinary, or medical service officer from exercising command
because of rank, except within categories prescribed in section 8067(a)
to (d) of this title, and authorizing an Air Force nurse or medical
specialist to exercise command only within his category, or over persons
placed under his charge.
1958 -- Subsec. (b). Pub. L. 85-861 struck out ''woman'' before
''medical specialist'', and substituted ''his'' for ''her'' in two
places.
Amendment by 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.
10 USC ( 8580. Repealed. Pub. L. 90-130, 1(30), Nov. 8, 1967, 81
Stat. 382)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 531, provided that
Secretary of Air Force should prescribe military authority that female
members of Air Force, except those designated under section 8067 of this
title to perform professional functions, might exercise.
10 USC 8581. Command: chaplains
TITLE 10 -- ARMED FORCES
An officer designated as a chaplain has rank without command.
(Aug. 10, 1956, ch. 1041, 70A Stat. 531.)
The words ''and shall be on the same footing with other officers of
the Army, as to tenure of office, retirement, and pensions'' are omitted
as obsolete, since there is no distinction between the status of a
chaplain as an officer and the status of other officers of the Air
Force.
10 USC ( 8582. Repealed. Pub. L. 96-513, title II, 211, Dec. 12,
1980, 94 Stat. 2885)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 531, provided that
a retired officer has no right to command except when on active duty.
See section 750 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC (CHAPTER 847 -- REPEALED)
TITLE 10 -- ARMED FORCES
10 USC ( 8611, 8612. Repealed. Pub. L. 90-235, 8(2), Jan. 2, 1968,
81 Stat. 764)
TITLE 10 -- ARMED FORCES
Section 8611, act. Aug. 10, 1956, ch. 1041, 70A Stat. 531,
provided that President could prescribe uniform of Air Force.
Section 8612, act Aug. 10, 1956, ch. 1041, 70A Stat. 531, provided
for disposition of uniforms of enlisted members of Air Force who were
discharged and for disposition of uniforms of and issuance of civilian
clothing to enlisted members of Air Force who were discharged otherwise
than honorably.
10 USC CHAPTER 849 -- MISCELLANEOUS PROHIBITIONS AND PENALTIES
TITLE 10 -- ARMED FORCES
Sec.
(8631 to 8633. Repealed.)
8634. Air Force band: may not be paid for performance outside air
base.
(8635 to 8638. Repealed.)
8639. Enlisted members: officers not to use as servants.
1980 -- Pub. L. 96-513, title V, 514(4), Dec. 12, 1980, 94 Stat.
2935, struck out items 8632 ''Members of Air Force: forfeiture of pay
during absence from duty due to disease from intemperate use of alcohol
or drugs'', 8633 ''Commissioned officers: forfeiture of pay when
dropped from rolls'', and 8636 ''Enlisted members: pay and allowances
not to accrue during suspended sentence of dishonorable discharge''.
1968 -- Pub. L. 90-235, 6(a)(10), 7(b)(5), Jan. 2, 1968, 81 Stat.
762, 763, struck out items 8631 ''Dealing in quartermaster supplies
prohibited'', 8635 ''Enlisted members: restriction on civilian
employment'', and 8637 ''Enlisted members: forfeiture of right to
pension by deserters''.
1958 -- Pub. L. 85-861, 1(186), 33(a)(40), Sept. 2, 1958, 72
Stat. 1533, 1566, substituted ''8632'' for ''8362'' in item 8632, and
struck out item 8638 ''Enlisted members: required to make up time
lost''.
10 USC ( 8631. Repealed. Pub. L. 90-235, 7(b)(1), Jan. 2, 1968, 81
Stat. 763)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 532, prohibited
any officer of Air Force who was engaged in procurement or sale of
quartermaster supplies from dealing in said supplies.
10 USC ( 8632, 8633. Repealed. Pub. L. 87-649, 14c(54), (55), Sept.
7, 1962, 76 Stat. 501, 502)
TITLE 10 -- ARMED FORCES
Sections, act Aug. 10, 1946, ch. 1041, 70A Stat. 532, provided for
forfeiture of pay during absence from duty due to disease from
intemperate use of alcohol or drugs, and for forfeiture when dropped
from rolls. See sections 802 and 803 of Title 37, Pay and Allowances of
the Uniformed Services.
Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,
set out as an Effective Date note preceding section 101 of Title 37, Pay
and Allowances of the Uniformed Services.
10 USC 8634. Air Force band: may not be paid for performance outside
air base
TITLE 10 -- ARMED FORCES
(a) Prohibition. -- Except as provided in subsection (b), no Air
Force band or member thereof may receive remuneration for furnishing
music outside the limits of an air base in competition with local
civilian musicians.
(b) Recordings. -- (1) Any Air Force band designated as a special
band may produce recordings for commercial sale.
(2) Amounts received as proceeds from the sale of any such recordings
may be credited to applicable appropriations of the Department of the
Air Force for expenses of Air Force bands.
(3) The Secretary of the Air Force shall prescribe regulations
governing the accounting of such proceeds.
(Aug. 10, 1956, ch. 1041, 70A Stat. 532; Nov. 5, 1990, Pub. L.
101-510, div. A, title III, 327(c), 104 Stat. 1532.)
The last six words are substituted for 10:905 (last 14 words).
1990 -- Pub. L. 101-510 designated existing provisions as subsec.
(a), inserted heading, substituted ''Except as provided in subsection
(b), no'' for ''No'', and added subsec. (b).
Commercial Sale
Authorization for Air Force Band to participate in the production of
a collection of recordings for commercial sale in connection with the
American Revolution Bicentennial, and for Secretary of Defense to enter
into contracts for the production and sale of the collection of
recordings, see Pub. L. 93-571, Dec. 31, 1974, 88 Stat. 1868, set out
as a note under section 3634 of this title.
10 USC ( 8635. Repealed. Pub. L. 90-235, 6(a)(7), Jan. 2, 1968, 81
Stat. 762)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 532, set forth
restrictions on civilian employment for enlisted members of Air Force on
active duty. See section 974 of this title.
10 USC ( 8636. Repealed. Pub. L. 87-649, 14c(56), Sept. 7, 1962, 76
Stat. 502)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 533, provided that
pay and allowances do not accrue to an enlisted member of Air Force who
is in confinement under sentence of dishonorable discharge, while
execution of sentence to discharge is suspended, and is now covered by
section 804 of Title 37, Pay and Allowances of the Uniformed Services.
Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,
set out as an Effective Date note preceding section 101 of Title 37, Pay
and Allowances of the Uniformed Services.
10 USC ( 8637. Repealed. Pub. L. 90-235, 7(b)(1), Jan. 2, 1968, 81
Stat. 763)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 533, provided that
an enlisted member of Air Force who deserted forfeited all rights to a
pension.
10 USC ( 8638. Repealed. Pub. L. 85-861, 36B(27), Sept. 2, 1958, 72
Stat. 1571)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 533, required
enlisted members to make up time lost. See section 972 of this title.
10 USC 8639. Enlisted members: officers not to use as servants
TITLE 10 -- ARMED FORCES
No officer of the Air Force may use an enlisted member of the Air
Force as a servant.
(Aug. 10, 1956, ch. 1041, 70A Stat. 533.)
The words ''in any case whatever'' are omitted as surplusage.
10 USC (CHAPTER 851 -- REPEALED)
TITLE 10 -- ARMED FORCES
10 USC ( 8662, 8663. Repealed. Pub. L. 90-377, 6(3), July 5, 1968, 82
Stat. 288)
TITLE 10 -- ARMED FORCES
Section 8662, act Aug. 10, 1956, ch. 1041, 70A Stat. 533, provided
for military training, organization, and equipping of prisoners who have
been sent to United States Disciplinary Barracks.
Section 8663, act Aug. 10, 1956, ch. 1041, 70A Stat. 533,
authorized Secretary of Air Force to parole or remit sentence and
restore to duty offenders who are confined in the United States
Disciplinary Barracks.
10 USC CHAPTER 853 -- MISCELLANEOUS RIGHTS AND BENEFITS
TITLE 10 -- ARMED FORCES
Sec.
(8681 to 8683. Repealed.)
8684. Service credit: regular enlisted members; service as an
officer to be counted as enlisted service.
(8685. Repealed.)
8686. Members of Air National Guard of United States: credit for
service as members of Air National Guard.
(8687 to 8690. Repealed.)
8691. Flying officer rating: qualifications.
(8692, 8693. Repealed.)
1986 -- Pub. L. 99-661, div. A, title VI, 604(f)(1)(B)(iv), Nov.
14, 1986, 100 Stat. 3877, struck out item 8687 ''Compensation: members
of Air Force other than of regular Air Force; when same as that
provided for members of Regular Air Force''.
1985 -- Pub. L. 99-145, title XIII, 1301(d)(1)(B), Nov. 8, 1985,
99 Stat. 736, struck out item 8683 ''Service credit: certain service
as a nurse, woman medical specialist, or civilian employee of Army
Medical Department to be counted''.
1980 -- Pub. L. 96-513, title V, 514(5), Dec. 12, 1980, 94 Stat.
2935, struck out item 8689 ''Assignments and allotments of pay''.
1971 -- Pub. L. 92-168, 3(2), Nov. 24, 1971, 85 Stat. 489, struck
out item 8692 ''Pilot rating in time of peace: qualifications''.
1968 -- Pub. L. 90-235, 6(a)(5), 7(a)(6), (b)(6), Jan. 2, 1968,
81 Stat. 762, 763, struck out items 8682 ''Service credit: officers;
service as cadet not counted'', 8685 ''Regular Air Force; Air Force
Reserve: female members; definition of 'dependents''', 8690
''Exemption from arrest for debt: enlisted members'', and 8693
''Replacement of certificates of discharge''.
1958 -- Pub. L. 85-861, 1(189), Sept. 2, 1958, 72 Stat. 1534,
struck out items 8681 ''Air Force Register: Regular Air Force officers;
service to be listed'' and 8688 ''Death gratuity''.
10 USC ( 8681. Repealed. Pub. L. 85-861, 36B(28), Sept. 2, 1958, 72
Stat. 1571)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 534, prescribed
service to be listed in official Air Force Register.
10 USC ( 8682. Repealed. Pub. L. 90-235, 6(a)(2), Jan. 2, 1968, 81
Stat. 761)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 535, provided that
in computing length of service, no commissioned officer of Air Force
could be credited with service as a cadet at the Military Academy or the
Air Force Academy, or as a midshipman at the Naval Academy, if he was
appointed as a cadet or midshipman after Aug. 24, 1912. See section
971 of this title.
10 USC ( 8683. Repealed. Pub. L. 99-145, title XIII, 1301(d)(1)(A),
Nov. 8, 1985, 99 Stat. 736)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 535; Sept. 2,
1958, Pub. L. 85-861, 1(156), 72 Stat. 1513; Aug. 25, 1959, Pub. L.
86-197, 1(7), 73 Stat. 426, related to service credit for certain
service as a nurse, woman medical specialist, or civilian employee of
Army Medical Department.
Section 1301(d)(1)(C) of Pub. L. 99-145 provided that: ''The repeal
made by subparagraph (A) (repealing this section) shall not apply in the
case of a person who performed active service described in section 8683
of title 10, United States Code, as such section was in effect on the
day before the date of the enactment of this Act (Nov. 8, 1985).''
10 USC 8684. Service credit: regular enlisted members; service as an
officer to be counted as enlisted service
TITLE 10 -- ARMED FORCES
An enlisted member of the Regular Air Force is entitled to count
active service as an officer in the Air Force, and in the Army, as
enlisted service for all purposes.
(Aug. 10, 1956, ch. 1041, 70A Stat. 535.)
Reenlistment after service as officer, see section 8258 of this
title.
10 USC ( 8685. Repealed. Pub. L. 90-235, 7(a)(3), Jan. 2, 1968, 81
Stat. 763)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 535; Sept. 2,
1958, Pub. L 85-861, 1(187), 72 Stat. 1534, set forth restrictions on
consideration of a husband or child as dependent of a female member of
Regular Air Force, Air National Guard of the United States or Air Force
Reserve.
10 USC 8686. Members of Air National Guard of United States: credit
for service as members of Air National Guard
TITLE 10 -- ARMED FORCES
For the purposes of laws providing benefits for members of the Air
National Guard of the United States and their dependents and
beneficiaries --
(1) military training, duty, or other service performed by a member
of the Air National Guard of the United States in his status as a member
of the Air National Guard for which he is entitled to pay from the
United States shall be considered military training, duty, or other
service, as the case may be, in Federal service as a Reserve of the Air
Force;
(2) full-time National Guard duty performed by a member of the Air
National Guard of the United States shall be deemed to be active duty in
Federal service as a Reserve of the Air Force, except that for purposes
of title 38 such duty shall be considered to be active duty for
training; and
(3) inactive-duty training performed by a member of the Air National
Guard of the United States in his status as a member of the Air National
Guard, in accordance with regulations prescribed under section 502 of
title 32 or other express provision of law, shall be considered
inactive-duty training in Federal service as a Reserve of the Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 536; Sept. 24, 1980, Pub. L.
96-357, 5(a), 94 Stat. 1182; Oct. 19, 1984, Pub. L. 98-525, title IV,
414(a)(7)(B), 98 Stat. 2519.)
The words ''now or hereafter enacted'', in the introductory clause of
50:1124, are omitted as surplusage.
In clause (1), the words ''by law'' and ''receive'', in 50:1124(a),
are omitted as surplusage. The words ''in Federal service as a Reserve
of the Air Force'' are substituted for the words ''in the service of the
United States as Reserve members''. The words ''as the case may be''
are inserted for clarity.
In clause (2), the word ''receive'', in 50:1124(b), is omitted as
surplusage. The reference to sections 144-146 of title 32 is omitted,
since those sections related to pay and allowances, not to the
performance of duties, and were superseded by the Career Compensation
Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.). The reference to
section 186 of title 32 is omitted, since that section does not
prescribe duty or service. The words ''or for which he has waived such
pay'' are substituted for the words ''or without pay as provided in
section 971 of this title'' for clarity. The words ''in Federal service
as a Reserve of the Air Force'' are substituted for the words ''in the
service of the United States as Reserve members''.
In clause (3), the words ''by the appropriate Secretary'' are omitted
as surplusage. The words ''in Federal service as a Reserve of the Air
Force'' are substituted for the words ''in the service of the United
States as Reserve members''.
1984 -- Cl. (2). Pub. L. 98-525 substituted ''full-time National
Guard duty performed by a member of the Air National Guard of the United
States shall be deemed to be active duty in Federal service as a Reserve
of the Air Force, except that for purposes of title 38 such duty shall
be considered to be active duty for training'' for ''full-time training
or other full-time duty performed by a member of the Air National Guard
of the United States in his status as a member of the Air National Guard
under sections 316 and 502 through 505 of title 32 for which he is
entitled to pay from the United States, or for which he has waived such
pay, shall be considered active duty for training in Federal service as
a Reserve of the Air Force''.
1980 -- Cl. (2). Pub. L. 96-357 substituted ''sections 316 and 502
through 505 of title 32'' for ''sections 316 and 503-505 of title 32''.
Amendment by Pub. L. 96-357 applicable with respect to full-time
training or other full-time duty performed under section 502 of title 32
on and after Sept. 24, 1980, see section 5(b) of Pub. L. 96-357, set
out as a note under section 3686 of this title.
Regulations to carry out this section, see section 280 of this title.
10 USC ( 8687. Repealed. Pub. L. 99-661, div. A, title VI,
604(f)(1)(A), Nov. 14, 1986, 100 Stat. 3877)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 536; Sept. 2,
1958, Pub. L. 85-861, 1(188), 72 Stat. 1534; Sept. 7, 1962, Pub. L.
87-649, 6(d), 76 Stat. 494, related to compensation for members of Air
Force other than Regular Air Force.
Repeal applicable with respect to persons who, after Nov. 14, 1986,
incur or aggravate an injury, illness, or disease or die, see section
604(g) of Pub. L. 99-661, set out as an Effective Date of 1986
Amendment note under section 1074a of this title.
10 USC ( 8688. Repealed. Pub. L. 85-861, 36B(29), Sept. 2, 1958, 72
Stat. 1571)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 536, related to
death gratuity payable to survivors of members of Air Force. See
sections 1475 to 1480 of this title.
10 USC ( 8689. Repealed. Pub. L. 87-649, 14c(57), Sept. 7, 1962, 76
Stat. 502)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 537; Sept. 26,
1961, Pub. L. 87-304, 9(d), 75 Stat. 665, related to assignments and
allotments of pay. See section 701 of Title 37, Pay and Allowances of
the Uniformed Services.
Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,
set out as an Effective Date note preceding section 101 of Title 37, Pay
and Allowances of the Uniformed Services.
10 USC ( 8690. Repealed. Pub. L. 90-235, 7(b)(1), Jan. 2, 1968, 81
Stat. 763)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 538, exempted
enlisted members of Air Force, while on active duty, from arrest for any
debt, unless it was contracted before enlistment and amounted to at
least $20 when first contracted.
10 USC 8691. Flying officer rating: qualifications
TITLE 10 -- ARMED FORCES
Only officers of the Air Force in the following categories may be
rated as flying officers:
(1) Officers who have aeronautical ratings as pilots of service types
of aircraft or as aircraft observers.
(2) Flight surgeons.
(3) Officers undergoing flight training.
(4) Officers who are members of combat crews, other than pilots of
service types of aircraft, aircraft observers, and observers.
(5) In time of war, officers who have aeronautical ratings as
observers.
(Aug. 10, 1956, ch. 1041, 70A Stat. 538.)
10:291c (proviso) and the words ''after June 30, 1948'', in
10:291c-1, are omitted as executed. The definition of the term ''flying
officer'', in 10:291c, originally was a definition of the term ''flying
officer in time of peace'' as provided by section 2 of the Act of July
2, 1926, ch. 721, 44 Stat. 781. Section 1 of the Act of October 4,
1940, ch. 742, 54 Stat. 963, eliminated the words ''in time of
peace''. As a consequence of that amendment, 10:291e (1st 26 words) is
omitted as surplusage. Clause (2) is substituted for 10:291c-1 (less
last 10 words). The words ''commissioned officers or warrant'', in
10:291c-1, are omitted as surplusage. In clause (4), the last 19 words
are substituted for the words ''any other''.
10 USC ( 8692. Repealed. Pub. L. 92-168, 3(1), Nov. 24, 1971, 85
Stat. 489)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 538, provided
qualifications to receive a rating of pilot in time of peace. See
section 2003 of this title.
10 USC ( 8693. Repealed Pub. L. 90-235, 7(a)(3), Jan. 2, 1968, 81
Stat. 763)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 538, provided for
replacement of a lost or destroyed certificate of discharge from Air
Force. See section 1040 of this title.
10 USC CHAPTER 855 -- HOSPITALIZATION
TITLE 10 -- ARMED FORCES
Sec.
(8721, 8722. Repealed.)
8723. When Secretary may require.
1986 -- Pub. L. 99-661, div. A, title VI, 604(f)(1)(B)(v), Nov.
14, 1986, 100 Stat. 3877, struck out item 8721 ''Members of Air Force,
other than of Regular Air Force'' and item 8722 ''Members of C.A.T.C.;
members of Air Force not covered by section 8721 of this title''.
1958 -- Pub. L. 85-861, 1(190)(D), Sept. 2, 1958, 72 Stat. 1534,
struck out reference to members of the A.F.R.O.T.C. in item 8722.
10 USC ( 8721, 8722. Repealed. Pub. L. 99-661, div. A, title VI,
604(f)(1)(A), Nov. 14, 1986, 100 Stat. 3877)
TITLE 10 -- ARMED FORCES
Section 8721, acts Aug. 10, 1956, ch. 1041, 70A Stat. 538; Sept.
2, 1958, Pub. L. 85-861, 1(190)(A), 72 Stat. 1534, related to
hospital benefits for members of Air Force, other than of Regular Air
Force.
Section 8722, acts Aug. 10, 1956, ch. 1041, 70A Stat. 539; Sept.
2, 1958, Pub. L. 85-861, 1(190)(B), (C), 72 Stat. 1534, related to
hospital and related benefits for members of a Citizens' Air Training
Camp and for members of Air Force not covered by section 8721 of this
title.
Repeal applicable with respect to persons who, after Nov. 14, 1986,
incur or aggravate an injury, illness, or disease or die, see section
604(g) of Pub. L. 99-661, set out as an Effective Date of 1986
Amendment note under section 1074a of this title.
10 USC 8723. When Secretary may require
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may order the hospitalization, medical
and surgical treatment, and domiciliary care for as long as necessary,
of any member of the Air Force on active duty, and may incur obligations
with respect thereto, whether or not the member incurred an injury,
illness, or disease in line of duty, except in the case of a member
treated in a private hospital, or by a civilian physician, while on
leave of absence for more than 24 hours.
(Aug. 10, 1956, ch. 1041, 70A Stat. 539; Nov. 14, 1986, Pub. L.
99-661, div. A, title VI, 604(f)(1)(D), 100 Stat. 3878; Apr. 21, 1987,
Pub. L. 100-26, 7(j)(11), 101 Stat. 283.)
The words ''under such regulations as he may prescribe'', in 10:455e
and 32:164d, are omitted, since the Secretary has inherent authority to
issue regulations appropriate to exercising his statutory functions.
The references to 10:455a-455d and 32:164a-164c, and the words ''nor any
other law of the United States shall be construed as limiting the power
and authority'', are omitted, since the revised section makes explicit
the authority of the Secretary to require the prescribed hospitalization
and care. The words ''or in training, under the provisions of sections
62 -- '' are omitted as covered by the words ''active duty''. The words
''so long as any or all are necessary'' and ''in the active military
service'' are omitted as surplusage. With the exception of 32:62 (4th
proviso of last sentence), the references to 32:62-65, 144-146, 183, and
186, in 10:455e and 32:164d, do not refer to members of the Air National
Guard of the United States and are therefore omitted from the revised
section. 10:455e (1st proviso) and 32:164d (1st proviso) are omitted,
since they apply only to the National Guard and are covered by section
320 of title 32.
1987 -- Pub. L. 100-26 struck out comma after ''disease''.
1986 -- Pub. L. 99-661 substituted ''incurred an injury, illness, or
disease'' for ''was injured, or contracted a disease''.
Amendment by Pub. L. 99-661 applicable with respect to persons who,
after Nov. 14, 1986, incur or aggravate an injury, illness, or disease
or die, see section 604(g) of Pub. L. 99-661, set out as a note under
section 1074a of this title.
10 USC CHAPTER 857 -- DECORATIONS AND AWARDS
TITLE 10 -- ARMED FORCES
Sec.
8741. Medal of honor: award.
8742. Air Force cross: award.
8743. Distinguished-service medal: award.
8744. Medal of honor; Air Force cross; distinguished-service
medal: limitations on award.
8745. Medal of honor; Air Force cross; distinguished-service
medal: delegation of power to award.
8746. Silver star: award.
8747. Medal of honor; Air Force cross; distinguished-service
cross; distinguished-service medal; silver star: replacement.
8748. Medal of honor; Air Force cross; distinguished-service
cross; distinguished-service medal; silver star: availability of
appropriations.
8749. Distinguished flying cross: award; limitations.
8750. Airman's Medal: award; limitations.
8751. Service medals: issue; replacement; availability of
appropriations.
8752. Medals: posthumous award and presentation.
1960 -- Pub. L. 86-593, 1(7), July 6, 1960, 74 Stat. 332,
substituted ''Air Force cross'' for ''distinguished-service cross'' in
items 8742, 8744, and 8745, inserted ''Air Force cross;'' in items 8747
and 8748, and substituted ''Airman's Medal'' for ''Soldier's Medal'' in
item 8750.
For extension of time for award of decorations, or devices in lieu of
decorations, for acts or services performed in direct support of
military operations in Southeast Asia between July 1, 1958, and Mar.
28, 1973, see Pub. L. 93-469, Oct. 24, 1974, 88 Stat. 1422, set out
as a note preceding section 3741 of this title.
For extension of time for award of decoration, or device in lieu of
decoration, for an act or service performed while on active duty in
military or naval forces, or while serving with such forces, between
June 27, 1950, and July 27, 1953, see act Aug. 2, 1956, ch. 877, 70
Stat. 933, set out as a note preceding section 3741 of this title.
Establishment of, see Ex. Ord. No. 11448, set out as a note
preceding section 1121 of this title.
Decorations and awards, general military law provisions, see section
1121 et seq. of this title.
10 USC 8741. Medal of honor: award
TITLE 10 -- ARMED FORCES
The President may award, and present in the name of Congress, a medal
of honor of appropriate design, with ribbons and appurtenances, to a
person who, while a member of the Air Force, distinguishes himself
conspicuously by gallantry and intrepidity at the risk of his life above
and beyond the call of duty --
(1) while engaged in an action against an enemy of the United States;
(2) while engaged in military operations involving conflict with an
opposing foreign force; or
(3) while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a belligerent party.
(Aug. 10, 1956, ch. 1041, 70A Stat. 540; July 25, 1963, Pub. L.
88-77, 3(1), 77 Stat. 94.)
The words ''That the provisions of existing law relating to the award
of medals of honor to officers, noncommissioned officers, and privates
of the Army be, and they hereby are, amended so that'', in the Act of
July 9, 1918, ch. 143 (8th par. under ''Ordnance Department''), 40
Stat. 870, are not contained in 10:1403. They are also omitted from the
revised section as surplusage. The word ''member'' is substituted for
the words ''officer or enlisted man''. The word ''only'' is omitted as
surplusage. The word ''award'' is inserted for clarity, since the
President determines the recipient of the medal in addition to
presenting it.
1963 -- Pub. L. 88-77 enlarged the authority to award the medal of
honor, which was limited to those cases in which persons distinguished
themselves in action involving actual conflict with an enemy, to permit
its award for distinguished service while engaged in an action against
an enemy of the United States, while engaged in military operations
involving conflict with an opposing foreign force, or while serving with
friendly foreign forces engaged in an armed conflict against an opposing
armed force in which the United States is not a belligerent party.
Award of Medal of Honor to members of Army and Navy, see sections
3741 and 6241 of this title.
10 USC 8742. Air Force cross: award
TITLE 10 -- ARMED FORCES
The President may award an Air Force cross of appropriate design,
with ribbons and appurtenances, to a person who, while serving in any
capacity with the Air Force, distinguishes himself by extraordinary
heroism not justifying the award of a medal of honor --
(1) while engaged in an action against an enemy of the United States;
(2) while engaged in military operations involving conflict with an
opposing foreign force; or
(3) while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a belligerent party.
(Aug. 10, 1956, ch. 1041, 70A Stat. 540; July 6, 1960, Pub. L.
86-593, 1(1), 74 Stat. 331; July 25, 1963, Pub. L. 88-77, 3(2), 77
Stat. 94.)
The words ''but not in the name of Congress'' are omitted as
surplusage, since a medal is presented in the name of Congress only if
the law so directs. The words ''since the 6th day of April, 1917'' are
omitted as executed. The word ''award'' is substituted for the word
''present'' to cover the determination of the recipients as well as the
actual presentation of the medal, and to conform to other sections of
this chapter. The words ''or herself'' are omitted, since, under
section 1 of title 1, words importing the masculine gender include the
feminine. The words ''or who shall hereafter distinguish'' are omitted
as surplusage.
1963 -- Pub. L. 88-77 enlarged the authority to award the Air Force
cross, which was limited to those cases in which persons distinguished
themselves in connection with military operations against an armed
enemy, to permit its award for extraordinary heroism not justifying the
award of a medal of honor, while engaged in military operations
involving conflict with an opposing foreign force, or while serving with
friendly foreign forces engaged in an armed conflict against an opposing
armed force in which the United States is not a belligerent party.
1960 -- Pub. L. 86-593 substituted ''Air Force cross'' for
''Distinguished-service cross'' in section catchline, and substituted
''an Air Force cross'' for ''a distinguished-service cross'' in text.
Section 3 of Pub. L. 86-593 provided that: ''References that other
laws, regulations, and orders make, with respect to the Air Force, to
the distinguished-service cross and the Soldier's Medal shall be
considered to be made to the Air Force cross and the Airman's Medal,
respectively.''
10 USC 8743. Distinguished-service medal: award
TITLE 10 -- ARMED FORCES
The President may award a distinguished-service medal of appropriate
design and a ribbon, together with a rosette or other device to be worn
in place thereof, to a person who, while serving in any capacity with
the Air Force, distinguishes himself by exceptionally meritorious
service to the United States in a duty of great responsibility.
(Aug. 10, 1956, ch. 1041, 70A Stat. 540.)
The words ''but not in the name of Congress'' are omitted as
surplusage, since a medal is presented in the name of Congress only if
the law so directs. The words ''since the 6th day of April, 1917'' are
omitted as executed. The word ''award'' is substituted for the word
''present'' to cover the determination of the recipients as well as the
actual presentation of the medal, and to conform to other sections of
this chapter. The words ''or herself'' are omitted, since, under
section 1 of title 1, words importing the masculine gender include the
feminine. The words ''or who shall distinguish'' are omitted as
surplusage.
Award of distinguished-service medal to members of Army and Navy, see
sections 3743 and 6243 of this title.
10 USC 8744. Medal of honor; Air Force cross; distinguished-service
medal: limitations on award
TITLE 10 -- ARMED FORCES
(a) No more than one medal of honor, Air Force cross, or
distinguished-service medal may be awarded to a person. However, for
each succeeding act that would otherwise justify the award of such a
medal or cross, the President may award a suitable bar or other device
to be worn as he directs.
(b) Except as provided in subsection (d), no medal of honor, Air
Force cross, distinguished-service medal, or device in place thereof,
may be awarded to a person unless --
(1) the award is made within three years after the date of the act
justifying the award;
(2) a statement setting forth the distinguished service and
recommending official recognition of it was made within two years after
the distinguished service; and
(3) it appears from records of the Department of the Air Force that
the person is entitled to the award.
(c) No medal of honor, Air Force cross, distinguished-service medal,
or device in place thereof, may be awarded or presented to a person
whose service after he distinguished himself has not been honorable.
(d) If the Secretary of the Air Force determines that --
(1) a statement setting forth the distinguished service and
recommending official recognition of it was made and supported by
sufficient evidence within two years after the distinguished service;
and
(2) no award was made, because the statement was lost or through
inadvertence the recommendation was not acted on;
a medal of honor, Air Force cross, distinguished-service medal, or
device in place thereof, as the case may be, may be awarded to the
person concerned within two years after the date of that determination.
(Aug. 10, 1956, ch. 1041, 70A Stat. 540; July 5, 1960, Pub. L.
86-582, 1(3), 74 Stat. 320; July 6, 1960, Pub. L. 86-593, 1(2), 74
Stat. 331.)
In subsection (a), the words ''may be awarded to a person'' are
substituted for the words ''shall be issued to any one person'' to
conform to the other subsections of the revised section.
In subsection (b), the word ''thereof'' is substituted for the words
''of either of said medal or of said cross''. The words ''Except as
otherwise prescribed in this section'', ''at the time of'',
''specific'', ''official'', and ''has so distinguished himself as'' are
omitted as surplusage.
In subsection (c), 10:1409 (words after 3d semicolon) is omitted as
executed. The words ''hereinbefore authorized'' are omitted as
surplusage.
1960 -- Pub. L. 86-593 substituted ''Air Force cross'' for
''distinguished-service cross'' in section catchline and wherever
appearing in subsecs. (a) to (d).
Subsec. (b). Pub. L. 86-582, 1(3)(A), substituted ''Except as
provided in subsection (d), no'' for ''No''.
Subsec. (d). Pub. L. 86-582, 1(3)(B), added subsec. (d).
Section 2 of Pub. L. 86-593 provided that: ''For the purposes of
sections 8744(a) and 8750(b) of title 10, United States Code, a person
who was awarded a distinguished-service cross or Soldier's Medal before
the date of enactment of this Act (July 6, 1960) shall be treated as if
he had not been awarded an Air Force cross or Airman's Medal, as the
case may be.''
10 USC 8745. Medal of honor; Air Force cross; distinguished-service
medal: delegation of power to award
TITLE 10 -- ARMED FORCES
The President may delegate his authority to award the medal of honor,
Air Force cross, and distinguished-service medal, to a commanding
general of a separate air force or higher unit in the field.
(Aug. 10, 1956, ch. 1041, 70A Stat. 541; July 6, 1960, Pub. L.
86-593, 1(3), 74 Stat. 332.)
The words ''under such conditions, regulations, and limitations as he
shall prescribe'' are omitted as surplusage. The words ''his
authority'' are substituted for the words ''the power conferred upon him
by sections 1403, 1406-1408, 1409-1412, 1416, 1420, 1422, 1423, and 1424
of this title''.
1960 -- Pub. L. 86-593 substituted ''Air Force cross'' for
''distinguished-service cross'' in section catchline and in text.
Delegation of functions, see section 301 et seq. of Title 3, The
President.
10 USC 8746. Silver star: award
TITLE 10 -- ARMED FORCES
The President may award a silver star of appropriate design, with
ribbons and appurtenances, to a person who, while serving in any
capacity with the Air Force, is cited for gallantry in action that does
not warrant a medal of honor or Air Force cross --
(1) while engaged in an action against an enemy of the United States;
(2) while engaged in military operations involving conflict with an
opposing foreign force; or
(3) while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a belligerent party.
(Aug. 10, 1956, ch. 1041, 70A Stat. 541; July 25, 1963, Pub. L.
88-77, 3(3), 77 Stat. 95.)
The words ''may award'' are inserted to conform to other sections of
this chapter. The words ''if the person earned'' are inserted for
clarity. The words ''commanded by'' are omitted as surplusage.
1963 -- Pub. L. 88-77 substituted provisions permitting the issuance
of a silver star for gallantry while engaged in an action against an
enemy of the United States, while engaged in military operations
involving conflict with an opposing foreign force, or while serving with
friendly foreign forces engaged in an armed conflict against an opposing
armed force in which the United States is not a belligerent party, and
requiring it to be of appropriate design, for provisions which
authorized the issuance of the silver star for gallantry in action and
which required that the silver star be three-sixteenths of an inch in
diameter, the citation thereof be published in orders issued from the
headquarters of a force that is the appropriate command of a general
officer, and that it be worn as directed by the President.
Award of silver star to members of Army and Navy, see sections 3746
and 6244 of this title.
10 USC 8747. Medal of honor; Air Force cross; distinguished-service
cross; distinguished-service medal; silver star: replacement
TITLE 10 -- ARMED FORCES
Any medal of honor, Air Force cross, distinguished-service cross,
distinguished-service medal, or silver star, or any bar, ribbon,
rosette, or other device issued for wear with or in place of any of
them, that is lost or destroyed, or becomes unfit for use, without fault
or neglect of the person to whom it was awarded, shall be replaced
without charge.
(Aug. 10, 1956, ch. 1041, 70A Stat. 541; July 6, 1960, Pub. L.
86-593, 1(4), 74 Stat. 332.)
The words ''issued for wear with or in place of any of them'' are
inserted for clarity. The words ''presented under the provisions of
this title'' and ''such medal, cross, bar, ribbon, rosette, or device''
are omitted as surplusage.
1960 -- Pub. L. 86-593 inserted ''Air Force cross'' in section
catchline and in text.
10 USC 8748. Medal of honor; Air Force cross; distinguished-service
cross; distinguished-service medal; silver star: availability of
appropriations
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may spend, from any appropriation for
contingent expenses of the Department of the Air Force, amounts
necessary to provide medals and devices under sections 8741, 8742, 8743,
8744, 8746, 8747, and 8752 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 541; July 6, 1960, Pub. L.
86-593, 1(5), 74 Stat. 332.)
The word ''amounts'' is substituted for the words ''so much as may
be''. The word ''provides'' is substituted for the words ''defray the
cost of''. The words ''medals and devices under'' are substituted for
the words ''medals of honor, distinguished-service crosses,
distinguished-service medals, bars, rosettes, and other devices provided
for in''. The words ''from time to time'' are omitted as surplusage.
1960 -- Pub. L. 86-593 inserted ''Air Force cross'' in section
catchline.
10 USC 8749. Distinguished flying cross: award; limitations
TITLE 10 -- ARMED FORCES
(a) The President may award a distinguished flying cross of
appropriate design with accompanying ribbon to any person who, while
serving in any capacity with the Air Force, distinguishes himself by
heroism or extraordinary achievement while participating in an aerial
flight.
(b) Not more than one distinguished flying cross may be awarded to a
person. However, for each succeeding act that would otherwise justify
the award of such a cross, the President may award a suitable bar or
other device to be worn as he directs.
(c) No distinguished flying cross, or device in place thereof, may be
awarded or presented to a person whose service after he distinguished
himself has not been honorable.
(Aug. 10, 1956, ch. 1041, 70A Stat. 541.)
In subsection (a), the words ''under such rules and regulations as he
may prescribe'' are omitted, since the President has inherent authority
to issue regulations appropriate to exercising his functions. The words
''but not in the name of Congress'' are omitted as surplusage, since a
medal is presented in the name of Congress only if the law so directs.
The word ''award'' is substituted for the word ''present'' to cover the
determination of the recipients as well as the actual presentation of
the medal. The words ''since the 6th day of April, 1917, has
distinguished, or who, after July 2, 1926'' and 10:1429 (proviso of 1st
sentence) are omitted as executed.
Award of distinguished flying cross to members of Army and Navy, see
sections 3749 and 6245 of this title.
10 USC 8750. Airman's Medal: award; limitations
TITLE 10 -- ARMED FORCES
(a) The President may award a decoration called the ''Airman's
Medal'', of appropriate design with accompanying ribbon, to any person
who, while serving in any capacity with the Air Force, distinguishes
himself by heroism not involving actual conflict with an enemy.
(b) Not more than one Airman's Medal may be awarded to a person.
However, for each succeeding act that would otherwise justify the award
of such a medal, the President may award a suitable bar or other device
to be worn as he directs.
(Aug. 10, 1956, ch. 1041, 70A Stat. 542; July 6, 1960, Pub. L.
86-593, 1(6), 74 Stat. 332.)
The words ''Under such rules and regulations as he may prescribe''
are omitted, since the President has inherent authority to issue
regulations appropriate to exercising his functions. The words ''but
not in the name of Congress'' are omitted as surplusage, since a medal
is presented in the name of Congress only if the law so directs. The
word ''award'' is substituted for the word ''present'' to cover the
determination of the recipients as well as the actual presentation of
the medal. The words ''a decoration called'' are substituted for the
words ''a medal to be known as''. The words ''including the National
Guard and the Organized Reserves'' are omitted as surplusage. The words
''or herself'' are omitted, since, under section 1 of title 1, words
importing the masculine gender include the feminine. The words ''after
July 2, 1926'' are omitted as executed.
In subsection (b), the words ''that would otherwise justify'' are
substituted for the words ''sufficient to''.
1960 -- Pub. L. 86-593 substituted ''Airman's Medal'' for
''Soldier's Medal'' in section catchline and wherever appearing in text.
Award of Soldier's Medal to member of Army, see section 3750 of this
title.
10 USC 8751. Service medals: issue; replacement; availability of
appropriations
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force shall procure, and issue without
charge to any person entitled thereto, any service medal authorized for
members of the Air Force after September 26, 1947, and any ribbon,
clasp, star, or similar device prescribed as a part of that medal.
(b) Under such regulations as the Secretary may prescribe, any medal
or other device issued under subsection (a) that is lost, destroyed, or
becomes unfit for use without fault or neglect of the owner, may be
replaced at cost. However, if the owner is a member of the Air Force,
the medal or device may be replaced without charge.
(c) The Secretary may spend, from any appropriation for the support
of the Air Force, amounts necessary to provide medals and devices under
this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 542.)
In subsection (a), the words ''authorized for members of the Air
Force after September 26, 1947'' are substituted for the words
''hereafter authorized'', since, under Transfer Order 1, that date was
the effective date of the transfer of personnel from the Army to the Air
Force under section 208(e) of the National Security Act of 1947, as
amended (5 U.S.C. 626c(e)). 10:1415a (proviso) is omitted as surplusage,
since the revised section is not limited to persons who are members of
the Air Force at the time of the issue.
In subsection (b), the words ''member of the Air Force'' are
substituted for the words ''persons in the military service of the
United States''.
In subsection (c), the last 16 words are substituted for 10:1415c
(last 16 words).
10 USC 8752. Medals: posthumous award and presentation
TITLE 10 -- ARMED FORCES
(a) If a person dies before the award of a medal of honor,
distinguished-service cross, distinguished-service medal, distinguished
flying cross, or device in place thereof, to which he is entitled, the
award may be made and the medal or device presented to his
representative, as designated by the President.
(b) If a person dies before an authorized service medal or device
prescribed as a part thereof is presented to him under section 8751 of
this title, it shall be presented to his family.
(Aug. 10, 1956, ch. 1041, 70A Stat. 542; Sept. 2, 1958, Pub. L.
85-861, 33(a)(23), 72 Stat. 1565.)
In subsection (a), the words ''If a person'' are substituted for the
words ''In case an individual * * * dies'', in 10:1409, and ''In case an
individual * * * shall have died'', in 10:1429. The words ''within three
years from the date'', in 10:1409, are omitted as covered by section
8744 of this title. The words ''who shall distinguish himself'', in
10:1409, and ''who distinguishes himself'', in 10:1429, are omitted as
covered by the words ''the award * * * to which he is entitled''.
The change reflects the fact that the source statute for these
sections (sec. 1 of the Act of May 12, 1928, ch. 528, 45 Stat. 500) was
mandatory and not merely permissive.
1958 -- Subsec. (b). Pub. L. 85-861 substituted ''it shall be
presented'' for ''it may be presented''.
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 (CHAPTER 859 -- REPEALED)
TITLE 10 -- ARMED FORCES
10 USC ( 8781 to 8787. Repealed. Pub. L. 96-513, title II, 213, Dec.
12, 1980, 94 Stat. 2885)
TITLE 10 -- ARMED FORCES
Section 8781, acts Aug. 10, 1956, ch. 1041, 70A Stat. 542; July
12, 1960, Pub. L. 86-616, 7(a), 74 Stat. 391, authorized Secretary of
Air Force to convene at any time a board of officers to review record of
any commissioned officer on active list of Regular Air Force to
determine whether he should be required, because of substandard
performance of duty, to show cause for his retention on active list.
See section 1181(a) of this title.
Section 8782, acts Aug. 10, 1956, ch. 1041, 70A Stat. 543; July
12, 1960, Pub. L. 86-616, 7(a), 74 Stat. 391, provided for boards of
inquiry, composed of three or more officers, to be convened at such
places as Secretary of Air Force prescribes, to receive evidence and
make findings and recommendations whether an officer, required to show
cause under section 8781 of this title, should be retained on active
list of Regular Air Force. See section 1182 of this title.
Section 8783, acts Aug. 10, 1956, ch. 1041, 70A Stat. 543; July
12, 1960, Pub. L. 86-616, 7(a), 74 Stat. 391, provided for boards of
review, composed of three or more officers, to be convened by Secretary
of Air Force, at such places as he prescribes, to review records of
cases of officers recommended by boards of inquiry for removal from
active list of Regular Air Force. See section 1183 of this title.
Section 8784, acts Aug. 10, 1956, ch. 1041, 70A Stat. 543; July
12, 1960, Pub. L. 86-616, 7(a), 74 Stat. 392, authorized Secretary of
Air Force to remove an officer from active list of Regular Air Force if
his removal is recommended by a board of review and provided that
decision of Secretary in such case is final and conclusive. See section
1184 of this title.
Section 8785, acts Aug. 10, 1956, ch. 1041, 70A Stat. 543; July
12, 1960, Pub. L. 86-616, 7(a), 74 Stat. 392, provided that each
officer under consideration for removal from active list of Regular Air
Force under this chapter, be given written notification, at least 30
days prior to a board of inquiry hearing, that he is being required to
show cause for retention on active list, be allowed reasonable time to
prepare a defense, be allowed to appear in person and by counsel at
proceedings before a board of inquiry, and be allowed full access to,
and furnished copies of, records relevant to his case at all stages of
the proceeding. See section 1185 of this title.
Section 8786, acts Aug. 10, 1956, ch. 1041, 70A Stat. 544; July
12, 1960, Pub. L. 86-616, 7(a), 74 Stat. 392, authorized Secretary of
Air Force, at any time during proceedings under this chapter and before
removal of an officer from active list of Regular Air Force, to grant
that officer's request for voluntary retirement, if he is otherwise
qualified therefor, or for honorable discharge with severance benefits.
See section 1186 of this title.
Section 8787, added Pub. L. 86-616, 7(a), July 12, 1960, 74 Stat.
392, provided that no officer serve on a board under this chapter unless
he holds a regular or temporary grade above lieutenant colonel, and is
senior in regular grade to, and outranks, any officer considered by that
board and that no person be a member of more than one board convened
under this chapter for same officer. See section 1187 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC (CHAPTER 860 -- REPEALED)
TITLE 10 -- ARMED FORCES
10 USC ( 8791 to 8797. Repealed. Pub. L. 96-513, title II, 213, Dec.
12, 1980, 94 Stat. 2885)
TITLE 10 -- ARMED FORCES
Section 8791, added Pub. L. 86-616, 8(a), July 12, 1960, 74 Stat.
393, authorized Secretary of Air Force to convene at any time a board of
general officers to review record of any commissioned officer on active
list of Regular Air Force to determine whether he should be required,
because of moral dereliction, professional dereliction, or because his
retention is not clearly consistent with the interests of national
security, to show cause for his retention on active list. See section
1181(b) of this title.
Section 8792, added Pub. L. 86-616, 8(a), July 12, 1960, 74 Stat.
393, provided for boards of inquiry, composed of three or more general
officers, to be convened at such places as Secretary of Air Force
prescribes, to receive evidence and make findings and recommendations
whether an officer, required to show cause under section 8791 of this
title, should be retained on active list of the Regular Air Force. See
section 1182 of this title.
Section 8793, added Pub. L. 86-616, 8(a), July 12, 1960, 74 Stat.
393, provided for boards of review, composed of three or more general
officers, to be convened by Secretary of Air Force, at such places as he
prescribes, to review the records of cases of officers recommended by
boards of inquiry for removal from active list of Regular Air Force.
See section 1183 of this title.
Section 8794, added Pub. L. 86-616, 8(a), July 12, 1960, 74 Stat.
394, authorized Secretary of Air Force to remove an officer from active
list of Regular Air Force if his removal is recommended by a board of
review and provided that decision of Secretary in such a case is final
and conclusive. See section 1184 of this title.
Section 8795, added Pub. L. 86-616, 8(a), July 12, 1960, 74 Stat.
394, provided that each officer under consideration for removal from
active list of Regular Air Force under this chapter be given written
notification, at least 30 days prior to a board of inquiry hearing, that
he is being required to show cause for retention on active list, be
allowed reasonable time to prepare a defense, be allowed to appear in
person and by counsel at proceedings before the board of inquiry, and be
allowed full access to, and furnished copies of, records relevant to his
case at all stages of the proceedings, except records that the Secretary
determines be withheld in interests of national security, in which case,
a summary, to the extent national security permits, be furnished. See
section 1185 of this title.
Section 8796, added Pub. L. 86-616, 8(a), July 12, 1960, 74 Stat.
394, authorized Secretary of Air Force, at any time during proceedings
under this chapter and before removal of an officer from active list of
Regular Air Force, to grant that officer's request for voluntary
retirement, if he is otherwise qualified therefor, or for honorable
discharge with severance benefits. See section 1186 of this title.
Section 8797, added Pub. L. 86-616, 8(a), July 12, 1960, 74 Stat.
394, provided that no officer serve on a board under this chapter unless
he holds a regular or temporary grade above lieutenant colonel, and is
senior in regular grade to, and outranks, any officer considered by that
board and that no person be a member of more than one board convened
under this chapter for the same officer. See section 1187 of this
title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC CHAPTER 861 -- SEPARATION FOR VARIOUS REASONS
TITLE 10 -- ARMED FORCES
Sec.
(8811 to 8816. Repealed.)
8817. Aviation cadets: discharge.
(8818. Repealed.)
8819. Reserve officers: discharge for failure of promotion to first
lieutenant.
8820. Air National Guard of United States officers: discharge.
1980 -- Pub. L. 96-513, title V, 504(16), Dec. 12, 1980, 94 Stat.
2917, struck out items 8814 ''Regular commissioned officers: discharge
during three-year probationary period'' and 8818 ''Regular female
members: termination of appointment or enlistment''.
1968 -- Pub. L. 90-235, 3(a)(5), (b)(7), Jan. 2, 1968, 81 Stat.
758, struck out items 8811 ''Air Force enlisted members: discharge
certificate; limitations on discharge'', 8812 ''Air Force enlisted
members: during war or emergency; discharge'', 8813 ''Air Force
enlisted members: dependency discharge'', 8815 ''Regular enlisted
members: resignation of members enlisted on career basis;
limitations'', and 8816 ''Regular enlisted members: minority
discharge''.
1958 -- Pub. L. 85-861, 1(191)(B), Sept. 2, 1958, 72 Stat. 1534,
added item 8819.
Separation, generally, see section 1161 et seq. of this title.
10 USC ( 8811 to 8813. Repealed. Pub. L. 90-235, 3(a)(2), (b)(1),
Jan. 2, 1968, 81 Stat. 757, 758)
TITLE 10 -- ARMED FORCES
Section 8811, act Aug. 10, 1956, ch. 1041, 70A Stat. 544, provided
for discharge of enlisted members of Air Force and limitations thereon,
and for issuance of discharge certificates. See section 1169 of this
title.
Section 8812, act Aug. 10, 1956, ch. 1041, 70A Stat. 544, provided
for discharge of members of Air Force enlisted during war or emergency.
See section 1172 of this title.
Section 8813, act Aug. 10, 1956, ch. 1041, 70A Stat. 544, provided
for dependency discharges for enlisted members of Air Force.
10 USC ( 8814. Repealed. Pub. L. 96-513, title II, 214, Dec. 12,
1980, 94 Stat. 2885)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 545, authorized
Secretary of Air Force to discharge a regular commissioned officer who
has less than three years of continuous service as a commissioned
officer therein, provided that such officer not be dismissed because of
his marriage, unless marriage occurred within one year after date of his
original appointment. See section 630 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 8815, 8816. Repealed. Pub. L. 90-235, 3(a)(2), (b)(1), Jan.
2, 1968, 81 Stat. 757, 758)
TITLE 10 -- ARMED FORCES
Section 8815, act Aug. 10, 1956, ch. 1041, 70A Stat. 545, provided
for resignation of regular enlisted members of Air Force enlisted on a
career basis and limitations thereon.
Section 8816, act Aug. 10, 1956, ch. 1041, 70A Stat. 545, provided
for minority discharges for regular enlisted members of Air Force. See
section 1170 of this title.
10 USC 8817. Aviation cadets: discharge
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may discharge an aviation cadet at any
time.
(Aug. 10, 1956, ch. 1041, 70A Stat. 545.)
10:299 (last sentence, less 1st 14 words) is omitted as superseded by
section 681 of this title.
10 USC ( 8818. Repealed. Pub. L. 96-513, title II, 236, Dec. 12,
1980, 94 Stat. 2887)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 545, authorized
Secretary of Air Force, under regulations prescribed by President, to
terminate appointment or enlistment of any female member of Regular Air
Force, provided that appointment of a commissioned officer not be
terminated by dismissal.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8819. Reserve officers: discharge for failure of promotion to
first lieutenant
TITLE 10 -- ARMED FORCES
(a) Except as provided by sections 1005 and 1006 of this title, each
second lieutenant of the Air Force Reserve who completes three years of
service, computed under section 8360(e) of this title, in that grade
shall be discharged from his reserve appointment if he is found to be
not qualified for promotion.
(b) Except as provided by section 1005 of this title, each second
lieutenant of the Air National Guard of the United States who completes
three years of service, computed under section 8360(e) of this title, in
that grade shall be discharged from his reserve appointment if he is
found to be not qualified for promotion, unless before he completes that
service he is appointed in the grade of first lieutenant by the governor
or other appropriate authority of the jurisdiction concerned.
(c) Except as provided by section 1006 of this title, each second
lieutenant of the Air Force Reserve who is on the active-duty list of
the Air Force and is found not qualified for promotion to the reserve
grade of first lieutenant shall be discharged from his reserve
appointment not later than the end of the 18-month period beginning on
the date on which he is first found not qualified for promotion to that
grade, unless he is promoted to that grade before the end of that
period.
(Added Pub. L. 85-861, 1(191)(A), Sept. 2, 1958, 72 Stat. 1534;
amended Pub. L. 86-559, 1(65), June 30, 1960, 74 Stat. 278; Pub. L.
98-525, title V, 528(d), Oct. 19, 1984, 98 Stat. 2526.)
In subsection (a), the words ''of the Air Force Reserve'' are
inserted, since the general rule for second lieutenants of the Air
National Guard of the United States is contained in subsection (b).
1984 -- Subsec. (c). Pub. L. 98-525 added subsec. (c).
1960 -- Subsec. (b). Pub. L. 86-559 substituted ''if he is found to
be not qualified for promotion'' for ''within 90 days after he completes
that service''.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8820. Air National Guard of United States officers: discharge
TITLE 10 -- ARMED FORCES
(a) The Secretary may terminate the reserve appointment of an officer
of the Air National Guard of the United States and withdraw his Federal
recognition as an officer of the Air National Guard, if he has been
absent without leave for three months.
(b) An officer of the Air National Guard of the United States whose
Federal recognition as an officer of the Air National Guard is withdrawn
under section 323(b) of title 32 shall be discharged from his reserve
appointment.
(Aug. 10, 1956, ch. 1041, 70A Stat. 546.)
10 USC CHAPTER 863 -- SEPARATION OR TRANSFER TO RETIRED RESERVE
TITLE 10 -- ARMED FORCES
Sec.
(8841, 8842. Repealed.)
8843. Age 60: reserve officers below major general except those
covered by section 8845 of this title.
8844. Age 62: reserve major generals, except those covered by
section 8845 of this title.
8845. Age 64: Chief of National Guard Bureau; adjutants general.
8846. Deferred officers.
(8847. Repealed.)
8848. Twenty-eight years: reserve first lieutenants, captains,
majors, and lieutenant colonels.
(8849. Repealed.)
8850. Thirty years or more: reserve commissioned officers;
excessive number.
8851. Thirty years or five years in grade: reserve colonels and
brigadier generals.
8852. Thirty-five years or five years in grade: reserve major
generals.
8853. Computation of years of service.
8855. Retention in active status of certain officers.
1987 -- Pub. L. 100-180, div. A, title VII, 717(d)(2)(B), Dec. 4,
1987, 101 Stat. 1114, struck out ''until age 60'' after ''officers'' in
item 8855.
1980 -- Pub. L. 96-513, title V, 514(6), Dec. 12, 1980, 94 Stat.
2935, substituted ''or five years'' for ''or more'' in item 8852.
1967 -- Pub. L. 90-130, 1(31)(A), Nov. 8, 1967, 81 Stat. 382,
struck out item 8847 ''Twenty-five years: female reserve officers below
lieutenant colonel, except those designated under section 8067 (a)-(d)
or (g)-(i) of this title; Air Force nurses and medical specialists.''
1960 -- Pub. L. 86-559, 1(77), June 30, 1960, 74 Stat. 280,
inserted ''except those covered by section 8845 of this title'' in item
8843, substituted ''except those covered by section 8845 of this title''
for ''except Chief of National Guard Bureau'' in item 8844, included
adjutants general in item 8845, substituted ''section 8067 (a)-(d) or
(g)-(i) of this title; Air Force nurses and medical specialists'' for
''section 8067 of this title'' in item 8847, struck out items 8841, 8842
and 8849, and added item 8855.
1958 -- Pub. L. 85-861, 1(192), Sept. 2, 1958, 72 Stat. 1534,
added items 8841 to 8853.
10 USC ( 8841, 8842. Repealed. Pub. L. 86-559, 1(66), June 30, 1960,
74 Stat. 278)
TITLE 10 -- ARMED FORCES
Sections, added Pub. L. 85-861, 1(192), Sept. 2, 1958, 72 Stat.
1535, related to separation or transfer to Retired Reserve of female
reserve nurses and medical specialists at age 50 if in a Reserve grade
below major and at age 55 if in a Reserve grade above captain.
10 USC 8843. Age 60: reserve officers below major general, except
those covered by section 8845 of this title
TITLE 10 -- ARMED FORCES
Unless retired, transferred to the Retired Reserve, or discharged at
an earlier date, each commissioned officer whose reserve grade is below
major general, except an officer covered by section 8845 of this title
shall, on the last day of the month in which he becomes 60 years of age
--
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(Added Pub. L. 85-861, 1(192), Sept. 2, 1958, 72 Stat. 1535;
amended Pub. L. 86-599, 1(67), June 30, 1960, 74 Stat. 278.)
The word ''Unless'' is substituted for the words ''who is not''.
1960 -- Pub. L. 86-559 excepted officers covered by section 8845 of
this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8844. Age 62: reserve major generals, except those covered by
section 8845 of this title
TITLE 10 -- ARMED FORCES
Unless retired, transferred to the Retired Reserve, or discharged at
an earlier date, each commissioned officer whose reserve grade is major
general, except an officer covered by section 8845 of this title, shall,
on the last day of the month in which he becomes 62 years of age --
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(Added Pub. L. 85-861, 1(192), Sept. 2, 1958, 72 Stat. 1535;
amended Pub. L. 86-559, 1(68), June 30, 1960, 74 Stat. 279.)
The words ''except the Chief of the National Guard Bureau'' are
inserted to reflect section 8845 of this title.
1960 -- Pub. L. 86-559 substituted ''except those covered by section
8845 of this title'' for ''except Chief of National Guard Bureau'' in
section catchline, and ''an officer covered by section 8845 of this
title'' for ''the Chief of the National Guard Bureau'' in text.
Adjutants general and assistant adjutants general, reference as
applicable to other officers of National Guard, see section 281 of this
title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8845. Age 64: Chief of National Guard Bureau; adjutants
general
TITLE 10 -- ARMED FORCES
Unless retired, transferred to the Retired Reserve, or discharged at
an earlier date, a reserve officer of the Air Force who is Chief of the
National Guard Bureau or adjutant general of a State or Territory,
Puerto Rico, or the District of Columbia shall, on the last day of the
month in which he becomes 64 years of age --
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(Added Pub. L. 85-861, 1(192), Sept. 2, 1958, 72 Stat. 1535;
amended Pub. L. 86-559, 1(69), June 30, 1960, 74 Stat. 279; Pub. L.
100-456, div. A, title XII, 1234(a)(1), Sept. 29, 1988, 102 Stat.
2059.)
The words ''Notwithstanding subsections (a) and (b) of this section''
are omitted as covered by the words ''except the Chief of the National
Guard Bureau'' in section 8844 of this title.
1988 -- Pub. L. 100-456 struck out ''the Canal Zone,'' after
''Puerto Rico,''.
1960 -- Pub. L. 86-559 included the adjutant general of a State or
Territory, Puerto Rico, the Canal Zone, or the District of Columbia.
Adjutants general and assistant adjutants general, reference as
applicable to other officers of National Guard, see section 281 of this
title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8846. Deferred officers
TITLE 10 -- ARMED FORCES
(a) Except as provided in sections 1005 and 1006 of this title, a
deferred officer who is not recommended for promotion under section
8368(c)(1) of this title shall, one year and 90 days after the date on
which he would have been promoted if he had been recommended by the
first selection board that considered him --
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(b) Except as provided in sections 1005 and 1006 of this title, a
deferred officer who is not recommended for promotion or is found to be
not qualified for Federal recognition under section 8368(c)(2), (d), or
(e) of this title, shall, within 90 days after the date on which the
report of the selection board or Federal recognition board is approved
by the Secretary of the Air Force --
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor be discharged
from his reserve appointment.
(Added Pub. L. 85-861, 1(192), Sept. 2, 1958, 72 Stat. 1536.)
In subsection (a), the word ''applies'' is substituted for the words
''makes application''.
In subsection (b), the word ''applies'' is substituted for the words
''upon his application''.
Section 28 of Pub. L. 85-861 provided that: ''Notwithstanding
chapter 863 of title 10, United States Code (this chapter), a reserve
officer who became a civilian employee of the Air National Guard before
July 1, 1955, may not, before becoming 60 years of age and while so
employed and without his consent, be removed from an active status by
reason of any provision for mandatory promotion in chapter 837 of title
10, United States Code (this chapter), except for cause or physical
disability, or by reason of being twice passed over for promotion to the
grade of captain, major, or lieutenant colonel.''
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC ( 8847. Repealed. Pub. L. 90-130, 1(31)(A), Nov. 8, 1967, 81
Stat. 382)
TITLE 10 -- ARMED FORCES
Section, added Pub. L. 85-861, 1(192), Sept. 2, 1958, 72 Stat.
1536; Pub. L. 86-559, 1(70), June 30, 1960, 74 Stat. 279, provided
for mandatory retirement of female commissioned officers, Air Force
nurses, and medical specialists on active duty in a Reserve grade below
lieutenant colonel after completion of 25 years of service computed
under section 8853.
10 USC 8848. Twenty-eight years: reserve first lieutenants, captains,
majors, and lieutenant colonels
TITLE 10 -- ARMED FORCES
(a) Each officer in an active status in the reserve grade of first
lieutenant, captain, or major, and each officer in an active status in
the reserve grade of lieutenant colonel who is not on a recommended list
for promotion to the reserve grade of colonel, shall, 30 days after he
completes 28 years of service computed under section 8853 of this title
--
(1) be transferred to the Retired Reserve if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(b) Notwithstanding subsection (a), an Air Force nurse or medical
specialist who is in the reserve grade of lieutenant colonel, or a
female officer who is not designated under section 8067 (a)-(d) or
(g)-(i) of this title and who is in the reserve grade of lieutenant
colonel, may, in the discretion of the Secretary of the Air Force, be
retained in an active status if he would otherwise be removed from an
active status under subsection (a). An officer may not be retained in
an active status under this section later than 30 days after he
completes 30 years of service computed under section 8853 of this title.
(c) Notwithstanding subsections (a) and (b), the Secretary of the Air
Force may authorize the retention in an active status until age 60 of an
officer who would otherwise be removed from an active status under this
section who --
(1) is employed as a technician under section 709 of title 32 in a
position for which membership in the National Guard is required as a
condition of employment; or
(2) is employed as a technician of the Air Force Reserve in a
position for which membership in the Air Force Reserve is required as a
condition of employment.
(Added Pub. L. 85-861, 1(192), Sept. 2, 1958, 72 Stat. 1536;
amended Pub. L. 86-559, 1(71), June 30, 1960, 74 Stat. 279; Pub. L.
90-130, 1(31)(B), Nov. 8, 1967, 81 Stat. 382; Pub. L. 90-486, 9(2),
Aug. 13, 1968, 82 Stat. 760; Pub. L. 96-513, title V, 514(7), Dec.
12, 1980, 94 Stat. 2935; Pub. L. 99-145, title V, 522(b)(1), title
XIII, 1303(a)(27)(A), Nov. 8, 1985, 99 Stat. 632, 740.)
The words ''and who is not removed from an active status at an
earlier date'' are omitted as surplusage. The words ''who is not on a
recommended list for promotion to the reserve grade of colonel'' are
substituted for 50:1354(b) (last sentence).
1985 -- Subsec. (a). Pub. L. 99-145, 1303(a)(27)(A), substituted
''Each'' for ''After June 30, 1960, each''.
Subsec. (c). Pub. L. 99-145, 522(b)(1), amended subsec. (c)
generally, thereby expanding coverage to include reserve officers who
are employed as civilian technicians in the Air Force Reserve in
positions that require membership in the Air Force Reserve.
1980 -- Subsec. (c). Pub. L. 96-513 struck out '', United States
Code,'' after ''32''.
1968 -- Subsec. (c). Pub. L. 90-486 added subsec. (c).
1967 -- Subsec. (a). Pub. L. 90-130 struck out '', except an officer
covered by section 8847 of this title,'' after ''first lieutenant,
captain, or major''.
1960 -- Pub. L. 86-559 designated existing provisions as subsec.
(a), inserted provisions therein excepting officers covered by section
8847 of this title, and added subsec. (b).
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. 90-486, see section 11 of
Pub. L. 90-486, set out as a note under section 709 of title 32,
National Guard.
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC ( 8849. Repealed. Pub. L. 86-559, 1(72), June 30, 1960, 74
Stat. 279)
TITLE 10 -- ARMED FORCES
Section, added Pub. L. 85-861, 1(192), Sept. 2, 1958, 72 Stat.
1536, related to separation or transfer to Retired Reserve of female
reserve lieutenant colonels, except those designated under section 8067
of this title, upon completion of 28 years of service.
10 USC 8850. Thirty years or more: reserve commissioned officers;
excessive number
TITLE 10 -- ARMED FORCES
Whenever the Secretary of the Air Force believes that there are too
many commissioned officers in an active status, in any reserve grade,
who have at least 30 years of service computed under section 8853 of
this title or at least 20 years of service computed under section 1332
of this title, he may convene a board to consider all reserve officers
in an active status in that grade who have that amount of service and
who are not assigned to a unit organized to serve as a unit. The board
shall recommend officers by name for removal from an active status, in
the number specified by the Secretary. In the case of an officer so
recommended, the Secretary may --
(1) transfer him to the Retired Reserve, if he is qualified and
applies therefor;
(2) transfer him to an inactive status, if he is qualified; or
(3) discharge him from his reserve appointment.
(Added Pub. L. 85-861, 1(192), Sept. 2, 1958, 72 Stat. 1537;
amended Pub. L. 90-168, 2(22), Dec. 1, 1967, 81 Stat. 525.)
The words ''The board shall * * * in the number specified by the
Secretary'' are substituted for the words ''The Secretary shall direct
the board to * * * a specified number''. The words before clause (1) of
the last sentence are substituted for 50:1355(b) (words before clause
(1)).
1967 -- Pub. L. 90-168 excepted from the board's screening authority
those officers who are assigned to a unit organized to serve as such.
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.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8851. Thirty years or five years in grade: reserve colonels
and brigadier generals
TITLE 10 -- ARMED FORCES
(a) Except for the adjutant general or assistant adjutant general of
a State or Territory, Puerto Rico, or the District of Columbia each
officer in an active status in the reserve grade of lieutenant colonel
whose name is on a recommended list for promotion to the reserve grade
of colonel, each officer in an active status in the reserve grade of
colonel whose name is not on a recommended list for promotion to the
reserve grade of brigadier general, and each officer in an active status
in the reserve grade of brigadier general whose name is not on a
recommended list for promotion to the reserve grade of major general,
shall, 30 days after he completes 30 years of service computed under
section 8853 of this title or on the fifth anniversary of the date of
his appointment in the grade in which he is serving, whichever is later
--
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(b) Notwithstanding subsection (a), an officer in the reserve grade
of brigadier general who would otherwise be removed from an active
status under this section may, in the discretion of the Secretary of the
Air Force, be retained in an active status, but not later than the date
on which he becomes 60 years of age. Not more than 10 officers may be
retained under this subsection at any one time.
(c) Notwithstanding subsections (a) and (b), the Secretary of the Air
Force may authorize the retention in an active status until age 60 of an
officer who would otherwise be removed from an active status under this
section who --
(1) is employed as a technician under section 709 of title 32 in a
position for which membership in the National Guard is required as a
condition of employment; or
(2) is employed as a technician of the Air Force Reserve in a
position for which membership in the Air Force Reserve is required as a
condition of employment.
(Added Pub. L. 85-861, 1(192), Sept. 2, 1958, 72 Stat. 1537;
amended Pub. L. 86-559, 1(73), June 30, 1960, 74 Stat. 280; Pub. L.
90-83, 3(6), Sept. 11, 1967, 81 Stat. 220; Pub. L. 90-486, 9(2), Aug.
13, 1968, 82 Stat. 760; Pub. L. 96-513, title V, 514(7), Dec. 12,
1980, 94 Stat. 2935; Pub. L. 98-525, title XIV, 1405(55), Oct. 19,
1984, 98 Stat. 2626; Pub. L. 99-145, title V, 522(b)(2), title XIII,
1303(a)(27)(B), Nov. 8, 1985, 99 Stat. 632, 740; Pub. L. 100-456, div.
A, title XII, 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059.)
In subsection (a), the words ''After June 30, 1960'' are substituted
for the words ''Effective five years after July 1, 1955''. The words
''who is not removed from an active status at an earlier date and'', in
50:1354(a), are omitted as surplusage. Reference to officers whose
names are on a recommended list for promotion to the grade of brigadier
general, in 50:1354(c), is omitted as covered by the word ''colonel'',
since only colonels are on a recommended list for promotion to that
grade and, under 50:1354(a) and (c), the rule for colonels is the same
whether they are on a recommended list or not.
1988 -- Subsec. (a). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,''.
1985 -- Subsec. (a). Pub. L. 99-145, 1303(a)(27)(B), substituted
''Except'' for ''After June 30, 1960, except''.
Subsec. (c). Pub. L. 99-145, 522(b)(2), amended subsec. (c)
generally, expanding coverage to include reserve officers who are
employed as civilian technicians in the Air Force Reserve in positions
that require membership in the Air Force Reserve.
1984 -- Subsec. (c). Pub. L. 98-525 struck out ''of this section''
after ''subsections (a) and (b)''.
1980 -- Subsec. (c). Pub. L. 96-513 struck out '', United States
Code,'' after ''title 32''.
1968 -- Subsec. (c). Pub. L. 90-486 added subsec. (c).
1967 -- Subsec. (a). Pub. L. 90-83 inserted ''whose name is not on a
recommended list for promotion to the reserve grade of brigadier
general'' after ''in the reserve grade of colonel''.
1960 -- Subsec. (a). Pub. L. 86-559 excepted the adjutant general or
assistant adjutant general of a State or Territory, Puerto Rico, the
Canal Zone, or the District of Columbia.
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. 90-486, see section 11 of
Pub. L. 90-486, set out as a note under section 709 of Title 32,
National Guard.
Adjutant general and assistant adjutants general, reference as
applicable to other officers of National Guard, see section 281 of this
title.
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8852. Thirty-five years or five years in grade: reserve major
generals
TITLE 10 -- ARMED FORCES
(a) Except for the adjutant general or assistant adjutant general of
a State or Territory, Puerto Rico, or the District of Columbia each
officer in an active status in the reserve grade of major general, and
each officer in an active status in the reserve grade of brigadier
general who is on a recommended list for promotion to the reserve grade
of major general, shall, 30 days after he completes 35 years of service
computed under section 8853 of this title or on the fifth anniversary of
the date of his appointment in the grade in which he is serving,
whichever is later --
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(b) Notwithstanding subsection (a), an officer in the reserve grade
of major general who would otherwise be removed from an active status
under this section may, in the discretion of the Secretary of the Air
Force, be retained in an active status, but not later than the date on
which he becomes 62 years of age. Not more than 10 officers may be
retained under this subsection at any one time.
(Added Pub. L. 85-861, 1(192), Sept. 2, 1958, 72 Stat. 1537;
amended Pub. L. 86-559, 1(74), June 30, 1960, 74 Stat. 280; Pub. L.
99-145, title XIII, 1303(a)(27)(B), Nov. 8, 1985, 99 Stat. 740; Pub.
L. 100-456, div. A, title XII, 1234(a)(1), Sept. 29, 1988, 102 Stat.
2059.)
In subsection (a), the words ''After June 30, 1960'' are substituted
for the words ''Effective five years after July 1, 1955''. The words
''who is not removed from an active status at an earlier date and'' are
omitted as surplusage.
1988 -- Subsec. (a). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,''.
1985 -- Subsec. (a). Pub. L. 99-145 substituted ''Except'' for
''After June 30, 1960, except''.
1960 -- Subsec. (a). Pub. L. 86-559 excepted the adjutant general or
assistant adjutant general of a State or Territory, Puerto Rico, the
Canal Zone, or the District of Columbia.
Adjutants general and assistant adjutants general, reference as
applicable to other officers of National Guard, see section 281 of this
title.
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8853. Computation of years of service
TITLE 10 -- ARMED FORCES
For the purpose of determining whether a reserve commissioned officer
may be transferred to the Retired Reserve, or discharged, under this
chapter, his years of service are computed by adding --
(1) all service as a commissioned officer of any armed force; and
(2) all service before June 15, 1933, as a commissioned officer in
the federally recognized National Guard or in a federally recognized
commissioned status in the National Guard, and in the National Guard
after June 14, 1933, if his service therein was continuous from the date
of his Federal recognition as an officer therein to the date of his
appointment in the National Guard of the United States.
No service may be counted more than once.
(Added Pub. L. 85-861, 1(192), Sept. 2, 1958, 72 Stat. 1538;
amended Pub. L. 86-559, 1(75), June 30, 1960, 74 Stat. 280; Pub. L.
98-94, title X, 1016(c), Sept. 24, 1983, 97 Stat. 668.)
For termination of amendment by section 1016(d) of Pub. L. 98-94,
see Effective and Termination Dates of 1983 Amendment note below.
The introductory clause is inserted to confine the applicability of
the formula set forth in the revised section to those revised sections
which are based on sections of the source statute containing the words
''total years of service''.
1983 -- Pub. L. 98-94 temporarily inserted ''and'' at end of cl.
(1), substituted a period for ''; and'' at end of cl. (2), and struck
out cl. (3) which read as follows: ''all service credited to him under
section 8353 of this title.'' See Effective and Termination Dates of
1983 Amendment note below.
1960 -- Pub. L. 86-559 included within cl. (2) the years of service
in the National Guard after June 14, 1933, if the officer's service
therein was continuous from the date of his Federal recognition as an
officer therein to the date of his appointment in the National Guard of
the United States.
Amendment by Pub. L. 98-94 effective for the period beginning Oct.
1, 1983, and ending Sept. 30, 1993, see section 1016(d) of Pub. L.
98-94, as amended, set out as a note under section 3360 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 8855. Retention in active status of certain officers
TITLE 10 -- ARMED FORCES
(a) Notwithstanding any other section of this chapter except section
8846, the Secretary of the Air Force may, with the officer's consent,
retain in an active status any reserve officer of the Air Force who is
designated as a medical officer, dental officer, veterinary officer,
optometrist, podiatrist, chaplain, Air Force nurse, or biomedical
sciences officer.
(b) An officer may be retained in an active status under the
authority of this section only to fill a mission-based requirement.
(c)(1) Except as provided in paragraph (2), an officer may not be
retained in an active status under this section later than the date on
which the officer becomes 68 years of age (or, in the case of an officer
who is designated as a chaplain, 60 years of age).
(2) The Secretary of the Air Force may retain an officer (other than
an officer who is designated as a chaplain) in an active status under
this section after the date on which the officer becomes 68 years of age
if the Secretary determines that continued retention is necessary for
the needs of the Air Force.
(d) Subsection (a)(1) of section 324 of title 32 shall not apply to
an officer during any period in which the officer is retained in an
active status under this section.
(Added Pub. L. 86-559, 1(76), June 30, 1960, 74 Stat. 280; amended
Pub. L. 96-107, title IV, 403(b), Nov. 9, 1979, 93 Stat. 808; Pub. L.
96-513, title II, 215(b), Dec. 12, 1980, 94 Stat. 2885; Pub. L.
100-180, div. A, title VII, 717(c), (d)(2)(A), Dec. 4, 1987, 101 Stat.
1114; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, 1233(l)(2),
Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101-189, div. A, title VII,
710(c), Nov. 29, 1989, 103 Stat. 1477.)
1989 -- Subsec. (c). Pub. L. 101-189, 710(c)(1), designated
existing provisions as par. (1), substituted ''Except as provided in
paragraph (2), an officer'' for ''An officer'' and ''68 years of age''
for ''67 years of age'', and added par. (2).
Subsec. (d). Pub. L. 101-189, 710(c)(2), added subsec. (d).
1988 -- Subsec. (a). Pub. L. 100-456 amended Pub. L. 100-180,
717(c)(2), to correct an error. See 1987 Amendment note below.
1987 -- Pub. L. 100-180, as amended by Pub. L. 100-456, struck out
''until age 60'' after ''officers'' in section catchline, inserted
subsec. (a) designation, struck out '', but not later than the date
upon which he becomes 60 years of age'' after ''biomedical sciences
officer'', designated second sentence as subsec. (b), and added subsec.
(c).
1980 -- Pub. L. 96-513 substituted ''veterinary officer,
optometrist, podiatrist,'' for ''veterinary officer,'' and ''biomedical
sciences officer'' for ''Air Force medical specialist'' and inserted
provision that officer be retained in an active status under authority
of this section only to fill a mission-based requirement.
1979 -- Pub. L. 96-107 inserted reference to veterinary officer.
Amendment by 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.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC (CHAPTER 865 -- REPEALED)
TITLE 10 -- ARMED FORCES
10 USC ( 8881, 8882. Repealed. Pub. L. 85-155, title IV, 401(1), Aug.
21, 1957, 71 Stat. 390)
TITLE 10 -- ARMED FORCES
Section 8881, act Aug. 10, 1956, ch. 1041, 70A Stat. 546,
authorized Secretary of Air Force to retire Air Force nurses and woman
medical specialists whose regular grade is below major.
Section 8882, act Aug. 10, 1956, ch. 1041, 70A Stat. 546,
authorized Secretary of Air Force to retire Air Force nurses or woman
medical specialists whose regular grade is above captain.
10 USC ( 8883 to 8886. Repealed. Pub. L. 96-513, title II, 216, Dec.
12, 1980, 94 Stat. 2886)
TITLE 10 -- ARMED FORCES
Section 8883, acts Aug. 10, 1956, ch. 1041, 70A Stat. 546; Aug.
6, 1958, Pub. L. 85-600, 1(17), 72 Stat. 523; Nov. 2, 1966, Pub. L.
89-718, 3, 80 Stat. 1115, provided that, unless retired or separated
at an earlier date, each commissioned officer whose regular grade is
below major general, other than a professor or the registrar of the
United States Air Force Academy, be retired when he becomes 60 years of
age, except as provided by section 8301 of title 5. See section 1251 of
this title.
Section 8884, acts Aug. 10, 1956, ch. 1041, 70A Stat. 547; Nov.
2, 1966, Pub. L. 89-718, 3, 80 Stat 1115, provided that, unless
retired or separated at an earlier date, each commissioned officer whose
regular grade is major general, and whose retirement under section 8923
of this title has been deferred under cl. (1) of that section, be
retired when be becomes 60 years of age, except as provided by section
8301 of title 5. See section 1251 of this title.
Section 8885, acts Aug. 10, 1956, ch. 1041, 70A Stat. 547; Sept.
2, 1958, Pub. L. 85-861, 33(a)(42), 72 Stat. 1567; Nov. 2, 1966,
Pub. L. 89-718, 3, 80 Stat. 1115, provided that, unless retired or
separated at an earlier date or unless retained under section 8923(2) of
this title, each commissioned officer whose regular grade is major
general be retired when he becomes 62 years of age, except as provided
by section 8301 of title 5. See section 1251 of this title.
Section 8886, acts Aug. 10, 1956, ch. 1041, 70A Stat. 547; Aug.
6, 1958, Pub. L. 85-600, 1(18), 72 Stat. 523; Nov. 2, 1966, Pub. L.
89-718, 3, 80 Stat. 1115, provided that, unless retired or separated
at an earlier date, each commissioned officer whose regular grade is
major general, and whose retirement under section 8923 of this title has
been deferred under cl. (2) of that section, and each permanent
professor and the registrar of the United States Air Force Academy, be
retired when he becomes 64 years of age, except as provided by section
8301 of title 5. See section 1251 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 8887. Repealed. Pub. L. 85-155, title IV, 401(1), Aug. 21,
1957, 71 Stat. 390)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 547, related to
computation of years of service of Air Force nurses or woman medical
specialists for purposes of retirement under former sections 8881 or
8882 of this title, or retirement pay under section 8991 of this title.
10 USC ( 8888, 8889. Repealed. Pub. L. 96-513, title II, 216, Dec.
12, 1980, 94 Stat. 2886)
TITLE 10 -- ARMED FORCES
Section 8888, acts Aug. 10, 1956, ch. 1041, 70A Stat. 547; Aug.
21, 1957, Pub. L. 85-155, title III, 301(16), 71 Stat. 388; May 20,
1958, Pub. L. 85-422, 11(a)(7), 72 Stat. 131; Sept. 2, 1958, Pub.
L. 85-861, 1(194), 72 Stat. 1538; Sept. 30, 1966, Pub. L. 89-609,
1(30), 80 Stat. 854, related to computation of years of service for
determining retired pay of a commissioned officer of Regular Air Force
retired under section 8883, 8884, 8885, or 8886 of this title. See
section 1405 of this title.
Section 8889, act Aug. 10, 1956, ch. 1041, 70A Stat. 548, provided
that a member of Air Force retired under this chapter be entitled to
retired pay computed under chapter 871 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC CHAPTER 867 -- RETIREMENT FOR LENGTH OF SERVICE
TITLE 10 -- ARMED FORCES
Sec.
8911. Twenty years or more: regular or reserve commissioned
officers.
(8912, 8913. Repealed.)
8914. Twenty to thirty years: enlisted members.
(8915, 8916. Repealed.)
8917. Thirty years or more: regular enlisted members.
8918. Thirty years or more: regular commissioned officers.
(8919. Repealed.)
8920. More than thirty years: professors of the United States Air
Force Academy.
(8921 to 8923. Repealed.)
8924. Forty years or more: Air Force officers.
8925. Computation of years of service: voluntary retirement;
enlisted members.
8926. Computation of years of service: voluntary retirement;
regular and reserve commissioned officers.
(8927, 8928. Repealed.)
8929. Computation of retired pay: law applicable.
1980 -- Pub. L. 96-513, title V, 504(17), Dec. 12, 1980, 94 Stat.
2917, struck out items 8913 ''Twenty years or more: deferred officers
not recommended for promotion'', 8915 ''Twenty-eight years: deferred
retirement of nurses and medical specialists in regular grade of
major'', 8916 ''Twenty-eight years: promotion-list lieutenant
colonels'', 8919 ''Thirty years or more: regular commissioned officers;
excessive number'', 8921 ''Thirty years or five years in grade:
promotion-list colonels'', 8922 ''Thirty years or five years in grade:
regular brigadier generals'', 8923 ''Thirty-five years or five years in
grade: regular major generals'', and 8927 ''Computation of years of
service: mandatory retirement; regular commissioned officers''.
Pub. L. 96-343, 9(b)(3), Sept. 8, 1980, 94 Stat. 1129, struck out
''regular'' before ''enlisted members'' in items 8914 and 8925.
1967 -- Pub. L. 90-130, 1(32)(C), Nov. 8, 1967, 81 Stat. 383,
substituted ''Twenty-eight years: deferred retirement of nurses and
medical specialists in regular grade of major'' for ''Twenty-five years:
female majors except those designated under section 8067(a)-(d) or
(g)-(i) of this title; male majors designated under section 8067(e) or
(f) of this title'' in item 8915.
1966 -- Pub. L. 89-609, 1(32), Sept. 30, 1966, 80 Stat. 854,
inserted ''; male majors designated under section 8067(e) or (f) of
this title'' in item 8915.
1957 -- Pub. L. 85-155, title III, 301(21), Aug. 21, 1957, 71
Stat. 389, struck out items 8912 and 8928, and substituted ''section
8067(a)-(d) or (g)-(i)'' for ''section 8067'' in item 8915.
Retirement for length of service, general military law provisions,
see section 1293 et seq. of this title.
10 USC 8911. Twenty years or more: regular or reserve commissioned
officers
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force may, upon the officer's request,
retire a regular or reserve commissioned officer of the Air Force who
has at least 20 years of service computed under section 8926 of this
title, at least 10 years of which have been active service as a
commissioned officer.
(b) The Secretary of Defense may authorize the Secretary of the Air
Force, during the five-year period beginning on October 1, 1990, to
reduce the requirement under subsection (a) for at least 10 years of
active service as a commissioned officer to a period (determined by the
Secretary of the Air Force) of not less than eight years.
(Aug. 10, 1956, ch. 1041, 70A Stat. 549; Nov. 5, 1990, Pub. L.
101-510, div. A, title V, 523(c), 104 Stat. 1562.)
The words ''a regular or reserve commissioned officer of the Air
Force'' are substituted for the words ''any officer on the active list
of the * * * Regular Air Force * * * or any officer of the reserve
components of the * * * Air Force of the United States''. The words
''Philippine Scouts'' are omitted as obsolete. The words ''has at least
20'' are substituted for the words ''shall have completed not less than
twenty''. The words ''upon his request'' are substituted for the words
''upon his own application''. The words ''service computed under
section 8926 of this title'' are substituted for the words ''active
Federal service in the armed forces of the United States'', since that
revised section makes explicit the service covered.
1990 -- Pub. L. 101-510 designated existing provisions as subsec.
(a) and added subsec. (b).
For provisions authorizing the Secretary of the Air Force, during the
period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this
section to a regular or reserve commissioned officer with at least 15
but less than 20 years of service by substituting ''at least 15 years''
for ''at least 20 years'' in subsec. (a) of this section, see section
4403 of Pub. L. 102-484, set out as a note under section 1293 of this
title.
Composition of Retired Reserve, see section 274 of this title.
Retention of reserve officers after completing 18 or more, but less
than 20 years of service, see section 1006 of this title.
10 USC ( 8912. Repealed. Pub. L. 85-155, title IV, 401(1), Aug. 21,
1957, 71 Stat. 390)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 549, permitted
Secretary of Air Force, upon officer's request, to retire an Air Force
nurse, or a woman medical specialist, of Regular Air Force, who has at
least 20 years of service computed under former section 8928 of this
title.
10 USC ( 8913. Repealed. Pub. L. 96-513, title II, 217(a), Dec. 12,
1980, 94 Stat. 2886)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 549; July 12,
1960, Pub. L. 86-616, 9, 74 Stat. 395; Nov. 2, 1966, Pub. L.
89-718, 3, 80 Stat. 1115, provided for retirement of deferred officers
not recommended for promotion after twenty years or more of service,
except as provided in section 8301 of Title 5. See section 627 et seq.
of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8914. Twenty to thirty years: enlisted members
TITLE 10 -- ARMED FORCES
Under regulations to be prescribed by the Secretary of the Air Force,
an enlisted member of the Air Force who has at least 20, but less than
30, years of service computed under section 8925 of this title may, upon
his request, be retired. A regular enlisted member then becomes a
member of the Air Force Reserve. A member retired under this section
shall perform such active duty as may be prescribed by law until his
service computed under section 8925 of this title, plus his inactive
service as a member of the Air Force Reserve, equals 30 years.
(Aug. 10, 1956, ch. 1041, 70A Stat. 550; Sept. 8, 1980, Pub. L.
96-343, 9(b)(1), 94 Stat. 1128.)
The words ''now or hereafter'', in 10:948a, are omitted as
surplusage. The words ''computed under section 8925 of this title'' are
substituted for the words ''active Federal service'', in 10:948, and
''active Federal military service'', in 10:948a, since that revised
section makes explicit the service covered. The words ''be retired
from'' are substituted for the words ''will be placed on the retired
list of'', in 10:948. The words ''completed a minimum'', in 10:948; and
''the period of'', ''be subject to'', ''period of'', and ''now or after
August 10, 1946'', in 10:948a; are omitted as surplusage.
1980 -- Pub. L. 96-343 struck out ''regular'' before ''enlisted
members'' in section catchline and substituted in text ''an enlisted
member'' for ''a regular enlisted member'', ''A regular enlisted
member'' for ''He'', and ''Air Force Reserve. A member retired under
this section'' for ''Air Force, and''.
Amendment by Pub. L. 96-343 effective with respect to retired pay
payable for months beginning after Sept. 8, 1980, see section 9(c) of
Pub. L. 96-343, set out as a note under section 3914 of this title.
For provisions authorizing the Secretary of the Air Force, during the
period beginning Oct. 23, 1992, and ending Oct. 1, 1995, to apply this
section to an enlisted member with at least 15 but less than 20 years of
service by substituting ''at least 15'' for ''at least 20'', see section
4403 of Pub. L. 102-484, set out as a note under section 1293 of this
title.
10 USC ( 8915, 8916. Repealed. Pub. L. 96-513, title II, 217(a), Dec.
12, 1980, 94 Stat. 2886)
TITLE 10 -- ARMED FORCES
Section 8915, acts Aug. 10, 1956, ch. 1041, 70A Stat. 550; Aug.
21, 1957, Pub. L. 85-155, title III, 301(18), 71 Stat. 389; Sept.
30, 1966, Pub. L. 89-609, 1(31), 80 Stat. 854; Nov. 2, 1966, Pub.
L. 89-718, 3, 80 Stat. 1115; Nov. 8, 1967, Pub. L. 90-130,
1(32)(A), 89 Stat. 382, authorized the Secretary of the Air Force to
defer the retirement of any Air Force nurse or medical specialist in the
regular grade of major until the 30th day after the officer completes 28
years of service. See section 632 of this title.
Section 8916, acts Aug. 10, 1956, ch. 1041, 70A Stat. 550; Aug.
21, 1957, Pub. L. 85-155, title III, 301(19), 71 Stat. 389, provided
for retirement of a promotion-list lieutenant colonel, except as
provided by section 8301 of title 5, on the 30th day after he completes
28 years of service, with authority for the Secretary of the Air Force
to defer retirement in certain cases. See section 633 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8917. Thirty years or more: regular enlisted members
TITLE 10 -- ARMED FORCES
A regular enlisted member of the Air Force who has at least 30 years
of service computed under section 8925 of this title shall be retired
upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 550.)
The word ''regular'' is inserted to conform to an opinion of the
Judge Advocate General of the Army (JAGA 1953/2301, 23 Mar. 1953). The
words ''upon his request'' are substituted for the words ''upon making
application to the President'', in 10:947, and ''by application to the
President'', in 10:947a. The words ''either as a private or
non-commissioned officer, or both'', in 10:947a, are omitted as
surplusage. The words ''shall be retired'' are substituted for the
words ''be placed upon the retired list'', in 10:947, and ''be placed on
the retired list heretofore created'', in 10:947a. The words ''computed
under section 8925 of this title'' are inserted for clarity. The 21
words before the proviso and the proviso of the Act of February 14,
1885, as restated, are not contained in 10:947a. They are also omitted
from the revised section, since the proviso is executed and the 21 words
before the proviso are omitted as covered by formula E of section 8991
of this title.
10 USC 8918. Thirty years or more: regular commissioned officers
TITLE 10 -- ARMED FORCES
A regular commissioned officer of the Air Force who has at least 30
years of service computed under section 8926 of this title may be
retired upon his request, in the discretion of the President.
(Aug. 10, 1956, ch. 1041, 70A Stat. 550.)
The word ''commissioned'' is inserted, since the retirement of
warrant officers for length of service is covered by section 1293 of
this title. The word ''regular'' is inserted, since 10:943 is
applicable historically only to officers of a regular component. The
words ''and placed on the retired list'' are omitted as surplusage. The
words ''computed under section 8926 of this title'' are inserted for
clarity.
Functions of President under this section to approve request of a
regular commissioned officer of Air Force to retire after at least 30
years of service 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(f), 3, Dec.
9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of
Title 3, The President.
10 USC ( 8919. Repealed. Pub. L. 96-513, title II, 217(a), Dec. 12,
1980, 94 Stat. 2886)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch 1041, 70A Stat. 551, authorized
Secretary of Air Force, when he determined that there were too many
commissioned officers on active list of Regular Air Force in any grade
who have at least 30 years of service, to convene a board of at least
five general officers of the Regular Air Force to make recommendations
for retirement and to retire any officer so recommended.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8920. More than thirty years: professors of the United States
Air Force Academy
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may retire any permanent professor of
the United States Air Force Academy who has more than 30 years of
service as a commissioned officer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 551.)
The word ''retire'' is substituted for the words ''direct the
retirement of''. The words ''as a commissioned officer'' are
substituted for the word ''commissioned''.
10 USC ( 8921 to 8923. Repealed. Pub. L. 96-513, title II, 217(a),
Dec. 12, 1980, 94 Stat. 2886)
TITLE 10 -- ARMED FORCES
Section 8921, acts Aug. 10, 1956, ch. 1041, 70A Stat. 551; Nov.
2, 1966, Pub. L. 89-718, 3, 80 Stat. 1115, provided for retirement of
a promotion-list colonel, except as provided by section 8301 of title 5,
on 30th day after he completes 30 years of service or 5th anniversary of
date of his appointment in that regular grade, whichever is later, with
authority for Secretary of Air Force to defer retirement in certain
cases. See section 634 of this title.
Section 8922, acts Aug. 10, 1956, ch. 1041, 70A Stat. 551; Nov.
2, 1966, Pub. L. 89-718, 3, 80 Stat. 1115, provided for retirement of
a regular grade brigadier general, other than a professor of the United
States Air Force Academy, except as provided by section 8301 of title 5,
on 30th day after he completes 30 years of service or 5th anniversary of
date of his appointment in that regular grade, whichever is later, with
authority for Secretary of Air Force to defer retirement in certain
cases. See section 635 of this title.
Section 8923, acts Aug. 10, 1956, ch. 1041, 70A Stat. 552; Nov.
2, 1966, Pub. L. 89-718, 3, 80 Stat 1115, provided for retirement of a
regular grade major general, except as provided by section 8301 of title
5, on 30th day after he completes 35 years of service or 5th anniversary
of his appointment in that regular grade, whichever is later, with
authority for Secretary of Air Force to defer retirement in certain
cases. See section 636 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC 8924. Forty years or more: Air Force officers
TITLE 10 -- ARMED FORCES
(a) Except as provided in section 1186 of this title, a commissioned
officer of the Air Force who has at least 40 years of service computed
under section 8926 of this title shall be retired upon his request.
(b) Any warrant officer of the Air Force who has at least 40 years of
service computed under section 8926(a) of this title shall be retired
upon his request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 552; Dec. 12, 1980, Pub. L.
96-513, title V, 504(18), 94 Stat. 2917.)
In subsection (a), the words ''Except as provided in section 8786 of
this title'' are inserted, since, under that revised section, when board
proceedings are pending against a commissioned officer, his right to
retire under this revised section, which is otherwise absolute, is
discretionary with the Secretary under that revised section.
In subsections (a) and (b), the words ''or volunteer service, or
both'' are omitted as obsolete in accordance with an opinion of the
Attorney General, 22 Ops. Atty. Gen. 199, Aug. 30, 1898, holding that
such words refer to volunteer service in the Civil War. The words
''upon his request'' are substituted for the words ''if he make
application therefor to the President''.
In subsection (b), the applicability of 10:942 to warrant officers is
based on an opinion of the Judge Advocate General of the Army (JAGA
1950/6951, 4 Jan. 1951), which holds that 10:594 (less provisos) makes
10:942 applicable to warrant officers.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''section 1186'' for
''section 8786''.
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 8925. Computation of years of service: voluntary retirement;
enlisted members
TITLE 10 -- ARMED FORCES
(a) For the purpose of determining whether an enlisted member of the
Air Force may be retired under section 8914 or 8917 of this title, and
of computing his retired pay under section 8991 of this title, his years
of service are computed by adding all active service in the armed
forces.
(b) Time required to be made up under section 972 of this title may
not be counted in computing years of service under subsection (a).
(c) In determining a member's years of service under subsection (a)
for the purpose of computing the member's retired pay under section 8991
of this title --
(1) each full month of service that is in addition to the number of
full years of service creditable to the member shall be credited as 1/12
of a year; and
(2) any remaining fractional part of a year shall be disregarded.
(Aug. 10, 1956, ch. 1041, 70A Stat. 552; Sept. 2, 1958, Pub. L.
85-861, 1(195), 72 Stat. 1540; Sept. 8, 1980, Pub. L. 96-343,
9(b)(2), 94 Stat. 1129; July 1, 1986, Pub. L. 99-348, title II,
204(c), 100 Stat. 698; Nov. 29, 1989, Pub. L. 101-189, div. A, title
VI, 652(a)(6), 103 Stat. 1461.)
In subsection (a), the words ''active service'' are substituted for
the word ''service'', in 10:947, and ''active Federal service
performed'', in 10:958, for uniformity. The words ''service computed
under section 8683 of this title'' are inserted, since a person entitled
to count service under that revised section might cease to be a nurse or
woman medical specialist and thereafter become entitled to retire under
one of the revised sections referred to in subsection (a) of this
revised section.
Subsection (b) is inserted because of section 8638 of this title and
in accordance with long standing interpretation of the effect of 10:629
upon the computation of years of service for retirement.
The amendment reflects the repeal of section 8638 of this title and
the enactment of a similar provision in section 972 of this title.
1989 -- Subsec. (a). Pub. L. 101-189 struck out ''and service
computed under section 8683 of this title'' before period at end.
1986 -- Subsec. (c). Pub. L. 99-348 added subsec. (c).
1980 -- Pub. L. 96-343, 9(b)(2)(B), struck out ''regular'' before
''enlisted members'' in section catchline.
Subsec. (a). Pub. L. 96-343, 9(b)(2)(A), substituted ''an enlisted''
for ''a regular enlisted''.
1958 -- Subsec. (b). Pub. L. 85-861 substituted ''section 972 of
this title'' for ''section 8638 of this title''.
Amendment by Pub. L. 96-343 effective with respect to retired pay
payable for months beginning after Sept. 8, 1980, see section 9(c) of
Pub. L. 96-343, set out as a note under section 3914 of this title.
Active service as an officer to be counted as enlisted service for
all purposes, see section 8684 of this title.
10 USC 8926. Computation of years of service: voluntary retirement;
regular and reserve commissioned officers
TITLE 10 -- ARMED FORCES
(a) For the purpose of determining whether an officer of the Air
Force may be retired under section 8911, 8918, or 8924 of this title,
his years of service are computed by adding --
(1) all active service performed as a member of the Army or the Air
Force; and
(2) all service in the Navy or Marine Corps that may be included in
determining the eligibility of an officer of the Navy or Marine Corps
for retirement.
(b) For the purpose of determining whether a medical officer of the
Regular Air Force may be retired under section 8911, 8918, or 8924 of
this title, his years of service are computed by adding to his service
under subsection (a) all service performed as a contract surgeon, acting
assistant surgeon, or contract physician, under a contract to serve full
time and to take and change station as ordered.
(c) For the purpose of determining whether a dental officer of the
Regular Air Force may be retired under section 8911, 8918, or 8924 of
this title, his years of service are computed by adding to his service
under subsection (a) all service as a contract dental surgeon or acting
dental surgeon.
(Aug. 10, 1956, ch. 1041, 70A Stat. 552; Aug. 25, 1959, Pub. L.
86-197, 1(8), 73 Stat. 426; Nov. 29, 1989, Pub. L. 101-189, div. A,
title VI, 652(a)(7), 103 Stat. 1461.)
Subsection (a) consolidates the various service computation
provisions applicable to voluntary retirement of commissioned officers.
Clause (1) is substituted for 10:951. Clause (2) is substituted for
10:951b. The words ''pay period and'', in 10:951a, are omitted as
superseded by section 202 of the Career Compensation Act of 1949, 63
Stat. 807 (37 U.S.C. 233). The words ''longevity pay and'', in section
7 of the Act of June 18, 1878, ch. 263, 20 Stat. 150, are omitted for
the same reason. The last sentence of section 7 of that act is omitted,
since the distinction between limited and unlimited retired lists was
abolished by section 201 of the Act of June 29, 1948, ch. 708, 62 Stat.
1084. Clause (3) is inserted, since a person entitled to count service
under section 8683 of this title might cease to be a nurse or woman
medical specialist and thereafter become entitled to retire under one of
the revised sections referred to in subsection (a) of this revised
section.
In subsection (b), the words ''as a member of the Medical Reserve
Corps'', in 10:953a, are omitted as covered by subsection (a)(1). The
words ''are computed by adding to his service under subsection (a)'' are
substituted for the words ''shall be credited to the same extent as
service under a Regular Army commission''.
Subsection (c) is substituted for 10:953a (less 1st sentence).
1989 -- Subsec. (a)(1). Pub. L. 101-189, 652(a)(7)(A)(i), inserted
''and'' after semicolon at end.
Subsec. (a)(2). Pub. L. 101-189, 652(a)(7)(A)(ii), substituted
period for semicolon at end.
Subsec. (a)(3), (4). Pub. L. 101-189, 652(a)(7)(A)(iii), struck out
pars. (3) and (4) which read as follows:
''(3) all service computed under section 8683 of this title; and
''(4) if an officer of the Regular Air Force, all active service
performed as an officer of the Philippine Constabulary.''
Subsec. (d). Pub. L. 101-189, 652(a)(7)(B), struck out subsec. (d)
which read as follows: ''For the purpose of determining whether an Air
Force nurse or medical specialist may be retired under section 8911 of
this title, all service computed under section 8683 of this title, shall
be treated as if it was service as a commissioned officer.''
1959 -- Subsec. (d). Pub. L. 86-197 added subsec. (d).
Service as cadet at Military or Air Force Academy not counted as
service in determining length of service, see section 971 of this title.
10 USC ( 8927. Repealed. Pub. L. 96-513, title II, 217(a), Dec. 12,
1980, 94 Stat. 2886)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 553; Aug. 21,
1957, Pub. L. 85-155, title III, 301(20), 71 Stat. 389; May 20,
1958, Pub. L. 85-422, 11(a)(8), 72 Stat. 131; Sept. 2, 1958, Pub.
L. 85-861, 1(196), 72 Stat. 1540; Sept. 30, 1966, Pub. L. 89-609,
1(33), 80 Stat. 854, related to computation of years of service for
determining whether a regular commissioned officer should be retired
under section 8913, 8915, 8916, 8919, 8921, 8922, or 8923 of this title
and for determining retired pay of officers of Regular Air Force retired
under section 8913, 8915, 8916, 8919, 8921, 8922, or 8923 of this title.
See section 1405 of this title.
Repeal effective Sept. 15, 1981, see section 701 of Pub. L.
96-513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.
10 USC ( 8928. Repealed. Pub. L. 85-155, title IV, 401(1), Aug. 21,
1957, 71 Stat. 390)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 554, related to
computation of years of service of Air Force Nurses or women medical
specialists for purposes of retirement under former section 8912 of this
title, or retirement pay under section 8991 of this title.
10 USC 8929. Computation of retired pay: law applicable
TITLE 10 -- ARMED FORCES
A member of the Air Force retired under this chapter is entitled to
retired pay computed under chapter 871 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 554.)
The revised section is based on the various retirement provisions in
this chapter and is inserted to make explicit the entitlement to retired
pay upon retirement.
10 USC CHAPTER 869 -- RETIRED GRADE
TITLE 10 -- ARMED FORCES
Sec.
8961. General rule.
8962. Higher grade for service in special positions.
(8963. Repealed.)
8964. Higher grade after 30 years of service: warrant officers and
enlisted members.
8965. Restoration to former grade: retired warrant officers and
enlisted members.
8966. Retired lists.
1988 -- Pub. L. 100-456, div. A, title XII, 1233(i)(2)(B), Sept.
29, 1988, 102 Stat. 2058, substituted ''retired'' for ''Regular Air
Force'' in item 8965.
1987 -- Pub. L. 100-180, div. A, title V, 512(e)(3), Dec. 4,
1987, 101 Stat. 1091, substituted ''warrant officers and enlisted
members'' for ''Air Force warrant officers; regular enlisted members''
in item 8964.
1985 -- Pub. L. 99-145, title XIII, 1301(d)(2)(B), Nov. 8, 1985,
99 Stat. 736, struck out item 8963 ''Higher grade for service during
certain periods: regular and reserve commissioned officers''.
1980 -- Pub. L. 96-343, 13(b)(3), Sept. 8, 1980, 94 Stat. 1131,
substituted ''positions'' for ''positions: regular commissioned
officers'' in item 8962.
Retired grade, general military law provisions, see section 1371 et
seq. of this title.
10 USC 8961. General rule
TITLE 10 -- ARMED FORCES
(a) The retired grade of a regular commissioned officer of the Air
Force who retires other than for physical disability, and the retired
grade of a reserve commissioned officer of the Air Force who retires
other than for physical disability or for nonregular service under
chapter 67 of this title, is determined under section 1370 of this
title.
(b) Unless entitled to a higher retired grade under some other
provision of law, a Regular or Reserve of the Air Force not covered by
subsection (a) who retires other than for physical disability retires in
the regular or reserve grade that he holds on the date of his
retirement.
(Aug. 10, 1956, ch. 1041, 70A Stat. 554; Dec. 12, 1980, Pub. L.
96-513, title V, 504(19), 94 Stat. 2917.)
The applicability of the rule stated in the revised section to
situations not expressly covered by the laws named in the source credits
above is necessarily implied from laws providing for retirement in
higher grade in those situations.
1980 -- Pub. L. 96-513 added subsec. (a), designated existing
provisions as subsec. (b), and inserted ''not covered by subsection
(a)'' after ''a Regular or Reserve of the Air Force''.
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 8962. Higher grade for service in special positions
TITLE 10 -- ARMED FORCES
(a) Upon retirement, a commissioned officer of the Air Force who has
served (1) as Chief of Staff to the President, (2) as Chief of Staff of
the Air Force, (3) as a senior member of the Military Staff Committee of
the United Nations, or (4) as Surgeon General of the Air Force in the
grade of lieutenant general may, in the discretion of the President, be
retired, by and with the advice and consent of the Senate, in the
highest grade in which he served on active duty.
(b) Upon retirement, any permanent professor of the United States Air
Force Academy whose grade is below brigadier general, and whose service
as such a professor has been long and distinguished, may, in the
discretion of the President, be retired in the grade of brigadier
general.
(Aug. 10, 1956, ch. 1041, 70A Stat. 554; Sept. 2, 1958, Pub. L.
85-861, 1(197), 72 Stat. 1541; Oct. 22, 1965, Pub. L. 89-288, 6, 79
Stat. 1050; Sept. 8, 1980, Pub. L. 96-343, 13(b)(1), (2), 94 Stat.
1131; Dec. 12, 1980, Pub. L. 96-513, title V, 504(20), 94 Stat.
2917.)
In subsection (a), the words ''who has served (1) as Chief of Staff
to the President, (2) as Chief of Staff of the Air Force, (3) as a
senior member of the Military Staff Committee of the United Nations, or
(4) in a position of importance and responsibility designated by the
President to carry the grade of general or lieutenant general under
section 8066 of this title'' are substituted for the words ''while
serving in accordance with the provisions of subsection (b) or (c) of
this section''.
In subsection (b), the words ''in that grade'' are substituted for
the words ''in such higher temporary grade''. The words ''under section
8071 of this title'' are inserted for clarity.
In subsection (c), the words ''Upon retirement'' are substituted for
the words ''When * * * is retired''. The word ''allowances'' is
omitted, since retired officers are not entitled to allowances. The
words ''grade is below brigadier general'' are inserted, since any
permanent professor who has the grade of brigadier general retires in
that grade under section 9335 of this title.
The amendment reflects section 1 of the Act of May 31, 1956, ch. 348
(70 Stat. 222), which in effect amended section 8963 of this title to
cover regular and reserve officers covered by section 8962(b). As to
temporary officers, section 8962(b) is obsolete. (See opinion of the
Judge Advocate General of the Air Force, May 2, 1957.)
1980 -- Pub. L. 96-343, 13(b)(2), substituted ''positions'' for
''positions: regular commissioned officers'' in section catchline.
Subsec. (a). Pub. L. 96-513 substituted ''or (4)'' for ''(4) in a
position of importance and responsibility designated by the President to
carry the grade of general or lieutenant general under section 8066 of
this title, or (5)''.
Pub. L. 96-343, 13(b)(1), substituted ''Air Force who has'' for
''Regular Air Force who has'' and ''in which he served on active duty''
for ''held by him at any time on the active list''.
1965 -- Subsec. (a). Pub. L. 89-288 added the Surgeon General of the
Air Force to the list of commissioned officers who may, in the
discretion of the President, be retired, by and with the advice and
consent of the Senate, in the highest grade held by him at any time on
the active list.
1958 -- Subsecs. (b), (c). Pub. L. 85-861 redesignated subsec. (c)
as (b), and struck out former subsec. (b) which related to retirement
grade of a woman Air Force officer who served at least two and one-half
years on active duty in the temporary grade of colonel in the Air Force
under section 8071 of this title.
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.
For authority of the President to appoint a retired commissioned
officer of a reserve component to a higher retired grade and for
recalculation of pay, see section 13(c) of Pub. L. 96-343, set out as a
note under section 3962 of this title.
Extension of privilege granted by subsec. (a) of this section, to
officers, heretofore or hereafter retired, who served in the grade of
general or lieutenant general after Dec. 7, 1941, and before July 1,
1946, see section 38 of act Aug. 10, 1956, set out as a note under
section 3962 of this title.
Chief of Staff, see section 8033 of this title.
Senior member of Military Staff Committee of United Nations, see
section 711 of this title.
10 USC ( 8963. Repealed. Pub. L. 99-145, title XIII, 1301(d)(2)(A),
Nov. 8, 1985, 99 Stat. 736)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 555; Sept. 2,
1958, Pub. L. 85-861, 1(156), (198), 72 Stat. 1513, 1541; Dec. 12,
1980, Pub. L. 96-513, title V, 504(21), 94 Stat. 2917, related to
higher grade for service during certain periods for regular and reserve
commissioned officers.
Section 1301(d)(2)(C) of Pub. L. 99-145 provided that: ''The repeal
made by subparagraph (A) (repealing this section) shall not apply in the
case of an Air Force nurse or medical specialist described in section
8963 of title 10, United States Code, as such section was in effect on
the day before the date of the enactment of this Act (Nov. 8, 1985).''
10 USC 8964. Higher grade after 30 years of service: warrant officers
and enlisted members
TITLE 10 -- ARMED FORCES
(a) Each retired member of the Air Force covered by subsection (b)
who is retired with less than 30 years of active service is entitled,
when his active service plus his service on the retired list totals 30
years, to be advanced on the retired list to the highest grade in which
he served on active duty satisfactorily (or, in the case of a member of
the National Guard, in which he served on full-time duty
satisfactorily), as determined by the Secretary of the Air Force.
(b) This section applies to --
(1) warrant officers of the Air Force;
(2) enlisted members of the Regular Air Force; and
(3) reserve enlisted members of the Air Force who, at the time of
retirement, are serving on active duty (or, in the case of members of
the National Guard, on full-time duty).
(Aug. 10, 1956, ch. 1041, 70A Stat. 555; Sept. 2, 1958, Pub. L.
85-861, 1(198A), 72 Stat. 1541; Oct. 19, 1984, Pub. L. 98-525, title
V, 533(c), 98 Stat. 2528; Dec. 4, 1987, Pub. L. 100-180, div. A, title
V, 512(c), 101 Stat. 1090.)
The words ''when his active service plus his service on the retired
list totals 30 years'' are substituted for the words ''upon the
completion of thirty years' (years of) service, to include the sum of
his active service and his service on the retired list'', in 10:594 and
1004. The words ''under any provision of law'', in 10:594 and 1004;
''officer, flight officer, or warrant officer'', in 10:594; and
''commissioned, warrant, or enlisted'', in 10:1004; are omitted as
surplusage. 10:594 (last proviso) and 1004 (proviso) are omitted as
superseded by section 1372 of this title.
1987 -- Pub. L. 100-180 substituted ''warrant officers and enlisted
members'' for ''Air Force warrant officers; regular enlisted members''
in section catchline, and amended text generally. Prior to amendment,
text read as follows: ''Each warrant officer of the Air Force, and each
enlisted member of the Regular Air Force, who is retired before or after
this title is enacted is entitled, when his active service plus his
service on the retired list totals 30 years, to be advanced on the
retired list to the grade that is equal to the highest grade in which he
served on active duty satisfactorily, as determined by the Secretary of
the Air Force.''
1984 -- Pub. L. 98-525 substituted ''highest grade'' for ''highest
temporary grade''.
1958 -- Pub. L. 85-861 struck out ''after September 8, 1940 and
before July 1, 1946'' after ''Secretary of the Air Force''.
Amendment by Pub. L. 100-180 applicable to any reserve enlisted
member who completes 30 years of service in Armed Forces before, on, or
after Dec. 4, 1987, and no person to be paid retired pay at higher rate
by reason of enactment of Pub. L. 100-180 for any period before Dec.
4, 1987, see section 512(f) of Pub. L. 100-180, set out as a note under
section 3964 of this title.
Recomputation of retired pay to reflect advancement on retired list,
see section 8992 of this title.
Restoration to former grade, see section 8965 of this title.
10 USC 8965. Restoration to former grade: retired warrant officers
and enlisted members
TITLE 10 -- ARMED FORCES
Each retired warrant officer or enlisted member of the Air Force who
has been advanced on the retired list to a higher commissioned grade
under section 8964 of this title, and who applies to the Secretary of
the Air Force within three months after his advancement, shall, if the
Secretary approves, be restored on the retired list to his former
warrant-officer or enlisted status, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 555; Dec. 4, 1987, Pub. L.
100-180, div. A, title V, 512(d)(3), 101 Stat. 1090; Sept. 29, 1988,
Pub. L. 100-456, div. A, title XII, 1233(i)(2)(A), 102 Stat. 2058.)
The words ''hereafter'', ''rank or'', and ''shall thereafter be
deemed to be enlisted or warrant officer personnel, as appropriate, for
all purposes'' are omitted as surplusage. The words ''three months from
June 29, 1948'' and ''whichever is later'' are omitted as executed.
1988 -- Pub. L. 100-456 substituted ''retired'' for ''Regular Air
Force'' in section catchline.
1987 -- Pub. L. 100-180 struck out ''Regular'' before ''Air Force
who''.
10 USC 8966. Retired lists
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force shall maintain a retired list
containing the name of each retired commissioned officer of the Regular
Air Force.
(b) The Secretary shall maintain a retired list containing the name
of --
(1) each person entitled to retired pay under any law providing
retired pay for commissioned officers of the Air Force, other than of
the Regular Air Force; and
(2) each retired warrant officer or enlisted member of the Air Force
who is advanced to a commissioned grade.
(c) The Secretary shall maintain a retired list containing the name
of each retired warrant officer of the Air Force.
(d) The Secretary shall maintain a retired list containing the name
of each retired enlisted member of the Regular Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 556; Sept. 2, 1958, Pub. L.
85-861, 1(199), 72 Stat. 1541; Dec. 4, 1987, Pub. L. 100-180, div. A,
title V, 512(d)(3), 101 Stat. 1090.)
In subsections (a), (b), and (d), the word ''maintain'' is
substituted for the word ''establish'', and in subsection (c) the word
''maintain'' is substituted for the word ''established'', since the
lists have been established and are published annually.
In subsection (a), the words ''Effective upon June 29, 1948'' are
omitted as executed. 10:1001 (last 12 words of 1st sentence, and last
sentence) is omitted as no longer required, since, upon enactment of
this title, laws referring to the limited or unlimited retired list will
be expressly repealed.
In subsection (b), the word ''shall'' is substituted for the word
''may'', since 10:1036 further requires that such a list be published
annually in the Register. The requirement as to publication necessarily
implies that the list must be maintained.
Subsection (b)(1) is substituted for the words ''all commissioned
officers and former commissioned officers * * * or the Air Force of the
United States, as the case may be * * * or the Regular Air Force,
heretofore or hereafter granted retirement pay under sections 456, 456a,
and 1036a of this title, or any law hereafter enacted to provide
retirement pay for commissioned officers * * * or the Regular Air
Force''.
In subsection (b)(2), the words ''who is advanced to a commissioned
grade'' are substituted for the words ''heretofore or hereafter retired
under any provision of law who, by reason of service in temporary
commissioned grades * * * or the Air Force of the United States, or in
any of the respective components thereof, are entitled to be retired
with commissioned rank or grade''.
Subsections (c) and (d) are inserted, since sections 8964 and 8965 of
this title refer to service on the retired list as a warrant officer or
enlisted member.
1987 -- Subsec. (b)(2). Pub. L. 100-180 struck out ''Regular''
before ''Air Force''.
1958 -- Pub. L. 85-861 struck out provisions in subsecs. (a) and
(b) which required annual publication in official Air Force Register of
the retired list.
10 USC CHAPTER 871 -- COMPUTATION OF RETIRED PAY
TITLE 10 -- ARMED FORCES
Sec.
8991. Computation of retired pay.
8992. Recomputation of retired pay to reflect advancement on retired
list.
Computation of retired pay, general military law provisions, see
section 1401 et seq. of this title.
10 USC 8991. Computation of retired pay
TITLE 10 -- ARMED FORCES
(a) Computation. --
(1) In general. -- The monthly retired pay of a member entitled to
such pay under this subtitle is computed according to the following
table. For each case covered by a section of this title named in the
column headed ''For sections'', retired pay is computed by taking the
steps prescribed opposite it in columns 1 and 2.
(2) Additional 10 percent for certain enlisted members credited with
extraordinary heroism. -- If a member who is retired under section 8914
of this title has been credited by the Secretary of the Air Force with
extraordinary heroism in the line of duty, the member's retired pay
shall be increased by 10 percent of the amount determined under
paragraph (1) (but to not more than 75 percent of the retired pay base
upon which the computation of such retired pay is based). The
Secretary's determination as to extraordinary heroism is conclusive for
all purposes.
(b) General Rules. --
(1) Use of most favorable formula. -- If a person would otherwise be
entitled to retired pay computed under more than one formula of the
table in subsection (a) or the table in section 1401 of this title, he
is entitled to be paid under the applicable formula that is most
favorable to him.
(2) Rounding to next lower dollar. -- The amount computed under
subsection (a), if not a multiple of $1, shall be rounded to the next
lower multiple of $1.
(3) References. -- Section references in the table in subsection (a)
are to sections of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 556; Aug. 21, 1957, Pub. L.
85-155, title III, 301(22), 71 Stat. 389; May 20, 1958, Pub. L.
85-422, 6(6), (8), 11(a)(9), 72 Stat. 129, 131; Sept. 2, 1958, Pub.
L. 85-861, 1(199A), 72 Stat. 1541; Sept. 7, 1962, Pub. L. 87-651,
title I, 127, 76 Stat. 514; Oct. 2, 1963, Pub. L. 88-132, 5(h)(2), 77
Stat. 214; Dec. 16, 1967, Pub. L. 90-207, 3(5), 81 Stat. 654; Sept.
8, 1980, Pub. L. 96-342, title VIII, 813(e), 94 Stat. 1109; Dec. 12,
1980, Pub. L. 96-513, title V, 504(22), 514(8), 94 Stat. 2917, 2935;
Sept. 24, 1983, Pub. L. 98-94, title IX, 922(a)(12), 923(a)(1),
(2)(H), 97 Stat. 642, 643; July 1, 1986, Pub. L. 99-348, title II,
204(a), 100 Stat. 697.)
In the introductory paragraph, the applicability of the rule stated
in the third sentence to situations not expressly covered by the laws
named in the source statutes above is a practical construction that the
rule must be reciprocally applied in all cases.
In formula B, the words ''basic pay'' are substituted for the words
''base and longevity pay'' to conform to the terminology of the Career
Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.). The
words ''his retired grade'' are substituted for the words ''permanent
grade held at time of retirement'' to reflect the right to higher
retired grade when qualified under other provisions of law. 10:941a(e)
(last proviso of clause (1)), is omitted, since, under section 202 of
the Career Compensation Act of 1949, 63 Stat. 807 (37 U.S.C. 233), the
active duty pay of all members of the Air Force is based upon years of
service.
In formula C, the computation is based on monthly pay instead of
annual pay to conform to the other formulas of the revised section. The
words ''basic pay'' are substituted for the words ''active duty base and
longevity pay'', and the words ''in determining his basic pay'' are
substituted for the words ''for longevity pay purposes'', to conform to
the terminology of the Career Compensation Act of 1949, 63 Stat. 802
(37 U.S.C. 231 et seq.). The words ''Monthly basic pay of member's
retired grade'' are substituted for the words ''the rank upon which they
are retired'', in 10:971, and ''rank with which retired'', in 10:971b,
to reflect their right to advancement on the retired list. 10:971 now
applies only when the retiring officer has 30 or more years of service
which may be credited in computing his retired pay. 10:971b (2d
proviso) is omitted, since, under section 202 of the Career Compensation
Act of 1949, 63 Stat. 807 (37 U.S.C. 233), the pay of all members is
based upon cumulative years of service. 10:971b (4th proviso) is
omitted as executed. 10:971b (last proviso) is omitted, since the
distinction between limited and unlimited retired lists was abolished by
section 201 of the Act of June 29, 1948, ch. 708, 62 Stat. 1084.
Sections 8918, 8920, and 8924 are included under this formula, since it
achieves the same result as is reached on a basis of 30 years multiplied
by 2 1/2 percent, and simplifies the table.
In formulas D and E the words ''credited under section 8925'' are
substituted for the words ''active Federal service'', since that revised
section makes explicit the service covered. The Act of August 10, 1946,
ch. 952, 6(c), 60 Stat. 996, is not contained in 10:948. It is also
omitted from the revised section as executed. 10:980 now applies only
when the retiring enlisted member has at least 30 years of service which
may be credited in computing his retired pay. However, as noted above,
10:980 is the only provision of law applicable to cases in which the
retiring member has at least 30 years of service. The Act of June 16,
1942, ch. 413, 19 (63d through 75th words of 2d par.), 56 Stat. 369,
repealed so much of the Act of March 2, 1907, ch. 2513, 34 Stat. 1217,
as provided allowances for enlisted men on the retired list. The repeal
of section 19 of the Act of June 16, 1942, by section 531(b)(34) of the
Career Compensation Act of 1949, 63 Stat. 839, did not revive that
portion of the Act of March 2, 1907, which had been repealed by the Act
of June 16, 1942. Accordingly, the Act of March 2, 1907, as thus
modified by the Act of June 16, 1942, is used as the basis for formula
E.
Footnote 2 reflects the long-standing construction of those
provisions dealing with computation of retired pay which do not
specifically provide that the member is entitled to compute his retired
pay on the basis of the monthly basic pay to which he would be entitled
if he were on active duty in his retired grade. Except in cases covered
by formula C, the pertinent basic computation provisions for such
retirement either provide for computation of retired pay on the same
basis as the provisions dealing with higher retired grade, or the basic
retirement provisions were themselves enacted after the provisions
authorizing higher retired grade. The provisos of 10:1002 and 1005 are
omitted as surplusage, since no formula for the computation of retired
pay includes inactive service on the retired list as a credit.
The words ''at rates applicable on date of retirement and adjust to
reflect later changes in permanent rates'', in footnote 2; and all of
footnote 4; are based on the source statutes incorporated in the
formulas to which footnotes 2 and 4 apply.
In footnote 4, the words ''and disregard a part of a year that is
less than six months'' are made applicable to formulas A-E, although
this part of the rule is expressed only as to formula B, in
10:941a(4)(1). The legislative history of the Career Compensation Act of
1949 (Hearings before the Committee on Armed Services of the Senate on
H.R. 5007, 81st Congress, first session, p. 313, July 6, 1949) indicates
that the provisions, upon which formulas A and C-E are based, should be
construed to require that a part of a year that is less than six months
be disregarded.
The amendment reflects section 1(197) of the bill (amendment of
section 8962 of title 10).
The change corrects a cross-reference error.
1986 -- Pub. L. 99-348 amended section generally by completely
revising the formula for computation of retired pay to provide that the
retired pay base as computed under section 1406(e) or section 1407 be
multiplied by the retired pay multiplier prescribed in section 1409 for
years of service credited under section 1405 for sections 8911, 8918,
8920, and 8924 and for the years of service credited under section 8925
for sections 8914 and 8917, eliminated monthly basic pay of a member's
retired grade or to which a member was entitled on the day before he
retired multiplied by 2 1/2 percent of the years of service credited,
subject to footnotes 1 to 4, as the basis for computing retired pay,
incorporated provisions of column 3 and footnote 5 into subsec. (a)(2),
struck out column 4, which provided that the excess over 75% of pay upon
which the computation is based be subtracted, eliminated footnotes 1 to
4, and added subsec. (b).
1983 -- Pub. L. 98-94, 923(a)(1), (2)(H), in footnote 4 to table,
substituted ''Before applying percentage factor, credit each full month
of service that is in addition to the number of full years of service
creditable to the member as one-twelfth of a year and disregard any
remaining fractional part of a month'' for ''Before applying percentage
factor, credit a part of a year that is six months or more as a whole
year, and disregard a part of a year that is less than six months''.
Pub. L. 98-94, 922(a)(12), inserted ''The amount computed, if not a
multiple of $1, shall be rounded to the next lower multiple of $1.''
1980 -- Pub. L. 96-513, 514(8), in heading for column 1 of table
substituted ''after September 7, 1980'' for ''on or after the date of
the enactment of the Department of Defense Authorization Act, 1981''.
Pub. L. 96-342 in heading for column 1 of table inserted provisions
respecting applicability to persons after date of enactment of
Department of Defense Authorization Act, 1981.
Pub. L. 96-513, 504(22), in table struck out Formula A and
redesignated Formulas B, C, and D as A, B, and C, respectively.
1967 -- Pub. L. 90-207 inserted '', or if the member has served as
chief master sergeant of the Air Force, compute at the highest basic pay
applicable to him while he so served, if such basic pay is greater''
after ''retirement'' in footnote 3 of the table.
1963 -- Pub. L. 88-132 substituted in column 1 of Formula A in table
''Monthly basic pay /2/ of member's retired grade /1/ '' for ''Monthly
basic pay to which member would be entitled if he were on active duty in
his retired grade /1/ '' and eliminated from footnote 2 to such table
''and adjust to reflect later changes in applicable permanent rates.
However, if member's retired grade is determined under section 3963(a)
or 3963(b), use pay to which member would be entitled if he were on
active duty in his retired grade'' after ''date of retirement''.
1962 -- Pub. L. 87-651 substituted ''section 8962(b)'' for ''section
8962(c)'' in footnote 1.
1958 -- Formula B. Pub. L. 85-422, 11(a)(9), substituted ''credited
to him under section 1405 of this title'' for ''credited to him in
determining basic pay'' in column 2.
Formula C. Pub. L. 85-422, 6(8), substituted ''Monthly basic pay to
which member was entitled on day before he retired'' for ''Monthly basic
pay to which member was entitled on date when he applied for
retirement'' in column 1.
Formula D. Pub. L. 85-422, 6(8), substituted ''Monthly basic pay to
which member was entitled on day before he retired'' for ''Monthly basic
pay of member's retired grade'' in column 1.
Footnote 1. Pub. L. 85-422, 6(6), permitted in case of an officer
who has served as Chief of Staff, computation at highest rates of basic
pay applicable to him while he served in that office.
Footnote 2. Pub. L. 85-861 struck out reference to section 8962(b).
1957 -- Pub. L. 85-155 redesignated formulas ''B'' to ''E'' of table
as formulas ''A'' to ''D''. Former formula ''A'', which related to
computation of retirement pay for persons retired under former sections
8881, 8882, and 8912 of this title, was repealed by such Pub. L.
85-155.
Amendment by section 922 of Pub. L. 98-94 effective Oct. 1, 1983,
see section 922(e) of Pub. L. 98-94, set out as a note under section
1401 of this title.
Amendment by section 923 of Pub. L. 98-94 applicable with respect to
the computation of retired or retainer pay of any individual who becomes
entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub.
L. 98-94, set out as a note under section 1174 of this title.
Amendment by section 504(22) of Pub. L. 96-513 effective Sept. 15,
1981, and amendment by section 514(8) of Pub. L. 96-513 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. 90-207 effective Oct. 1, 1967, see section 7
of Pub. L. 90-207, set out as a note under section 203 of Title 37, Pay
and Allowances of the Uniformed Services.
Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14
of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay
and Allowances of the Uniformed Services.
Amendment by Pub. L. 85-422 effective on June 1, 1958, see section 9
of Pub. L. 85-422.
Amendment by Pub. L. 85-422 as inapplicable to retired persons or to
persons to whom retired pay is granted before May 31, 1958, see note set
out under section 3991 of this title.
Members retired prior to June 1, 1958, authorized to include active
service performed to the date of retirement as creditable service in
computation of basic pay upon which retired pay is based, see Pub. L.
87-537, set out as a note under section 3991 of this title.
10 USC 8992. Recomputation of retired pay to reflect advancement on
retired list
TITLE 10 -- ARMED FORCES
An enlisted member of the Air Force who is advanced on the retired
list under section 8964 of this title is entitled to recompute his
retired pay under formula A of the following table, and a warrant
officer of the Air Force so advanced is entitled to recompute his
retired pay under formula B of that table. The amount recomputed, if
not a multiple of $1, shall be rounded to the next lower multiple of $1.
(Aug. 10, 1956, ch. 1041, 70A Stat. 557; Sept. 8, 1980, Pub. L.
96-342, title VIII, 813(e), 94 Stat. 1109; Dec. 12, 1980, Pub. L.
96-513, title V, 514(8), 94 Stat. 2935; Oct. 12, 1982, Pub. L.
97-295, 1(52), 96 Stat. 1300; Sept. 24, 1983, Pub. L. 98-94, title IX,
922(a)(13), 923(a)(1), (2)(I), 97 Stat. 642, 643; July 1, 1986, Pub.
L. 99-348, title II, 204(b), 100 Stat. 698.)
The words ''basic pay * * * as the case may be'' are inserted to
conform to the terminology of the Career Compensation Act of 1949, 63
Stat. 802 (37 U.S.C. 231 et seq.). The words ''at the rate prescribed
by law for his length of service'', in 10:1004, are omitted as covered
by the words ''base and longevity pay''. The words ''base and longevity
pay'' are retained to cover the cases of members retired before the
enactment of the Career Compensation Act of 1949, and advanced on the
retired list after the enactment of that act. The words ''and disregard
a part of a year that is less than six months'' are inserted to conform
to footnote 4 of section 8991 of this title.
This amends 10:8992 to correct an inadvertent error in the
codification of title 10 in 1956 relating to retirement pay of warrant
officers advanced on the retired list. For further details, see the
explanation for amendment of 10:1405 made by section 1(17).
1986 -- Pub. L. 99-348 revised table generally by striking out
provision in column 1 that for a person who first became a member of a
uniformed service, as defined in section 1407(a)(2), after Sept. 7,
1980, one multiplier is the monthly retired pay base as computed under
section 1407(e), substituting in formulas A and B provision that the
retired pay base as computed under section 1406(e) or 1407 of this title
be multiplied by the retired pay multiplier prescribed in section 1409
of this title for the number of years credited for provisions that the
monthly basic pay or base and longevity pay, as the case may be, subject
to footnote 1, of the grade to which the member is advanced on the
retired list be multiplied by 2 1/2% of years of service credited,
subject to footnote 2, and have subtracted from it the excess over 75%
of pay upon which the computation is based, struck out footnote 1, which
provided that the computation be at the rate applicable on the date of
retirement, and redesignated footnote 2 as 1 and substituted ''In
determining retired pay multiplier'' for ''Before applying percentage
factor'' and ''1/12'' for ''one-twelfth''.
1983 -- Pub. L. 98-94, 923(a)(1), (2)(I), in footnote 2 to table,
substituted ''Before applying percentage factor, credit each full month
of service that is in addition to the number of full years of service
creditable to the member as one-twelfth of a year and disregard any
remaining fractional part of a month'' for ''Before applying percentage
factor, credit a part of a year that is six months or more as a whole
year, and disregard a part of a year that is less than six months''.
Pub. L. 98-94, 922(a)(13), inserted ''The amount recomputed, if not
a multiple of $1, shall be rounded to the next lower multiple of $1.''
1982 -- Pub. L. 97-295 inserted ''enlisted'' before ''member of the
Air Force'' and formula B relating to warrant officers.
1980 -- Pub. L. 96-513 in heading for column 1 of table substituted
''after September 7, 1980'' for ''on or after the date of the enactment
of the Department of Defense Authorization Act, 1981''.
Pub. L. 96-342 in heading for column 1 of table inserted provisions
respecting applicability to persons after date of enactment of
Department of Defense Authorization Act, 1981.
Amendment by section 922 of Pub. L. 98-94 effective Oct. 1, 1983,
see section 922(e) of Pub. L. 98-94, set out as a note under section
1401 of this title.
Amendment by section 923 of Pub. L. 98-94 applicable with respect to
(1) the computation of retired or retainer pay of any individual who
becomes entitled to that pay after Sept. 30, 1983, and (2) the
recomputation of retired pay under this section, of any individual who
after Sept. 30, 1983, becomes entitled to recompute retired pay under
this section, see section 923(g) of Pub. L. 98-94, set out as a note
under section 1174 of this title.
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 873 -- CIVILIAN EMPLOYEES
TITLE 10 -- ARMED FORCES
Sec.
9021. Air University: civilian faculty members.
(9022, 9023. Repealed.)
9025. Production of supplies and munitions: hours and pay of
laborers and mechanics.
1989 -- Pub. L. 101-189, div. A, title XI, 1124(d)(2), Nov. 29,
1989, 103 Stat. 1560, added item 9021.
1983 -- Pub. L. 98-94, title IX, 932(c)(2), Sept. 24, 1983, 97
Stat. 650, struck out item 9022 ''Contract surgeons''.
1962 -- Pub. L. 87-651, title I, 128(2), Sept. 7, 1962, 76 Stat.
514, struck out item 9023 ''Service club and library services''.
1958 -- Pub. L. 85-861, 1(200), Sept. 2, 1958, 72 Stat. 1541,
struck out item 9021 ''Appointment: professional and scientific
services''.
10 USC 9021. Air University: civilian faculty members
TITLE 10 -- ARMED FORCES
(a) Authority of Secretary. -- The Secretary of the Air Force may
employ as many civilians as professors, instructors, and lecturers at a
school of the Air University as the Secretary considers necessary.
(b) Compensation of Faculty Members. -- The compensation of persons
employed under this section shall be as prescribed by the Secretary.
(c) Application to Certain Faculty Members. -- (1) Except as provided
in paragraph (2), this section shall apply with respect to persons who
are selected by the Secretary for employment as professors, instructors,
and lecturers at a school of the Air University after the end of the
90-day period beginning on the date of the enactment of this section.
(2) This section shall not apply with respect to professors,
instructors, and lecturers employed at a school of the Air University if
the duration of the principal course of instruction offered at that
school is less than 10 months.
(Added Pub. L. 101-189, div. A, title XI, 1124(d)(1), Nov. 29, 1989,
103 Stat. 1559.)
The date of the enactment of this section, referred to in subsec.
(c)(1), is the date of enactment of Pub. L. 101-189, which was approved
Nov. 29, 1989.
A prior section 9021, act Aug. 10, 1956, ch. 1041, 70A Stat. 558,
which related to appointments in professional and scientific service,
was repealed by Pub. L. 85-861, 36B(30), Sept. 2, 1958, 72 Stat.
1571.
10 USC ( 9022. Repealed. Pub. L. 98-94, title IX, 932(c)(1), Sept.
24, 1983, 97 Stat. 650)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 558, authorized
Secretary of the Air Force to employ contract surgeons in an emergency.
See section 1091 of this title.
Repeal effective Oct. 1, 1983, but with contracts entered into under
the authority of this section before Oct. 1, 1983, which are in effect
on Oct. 1, 1983, to remain in effect in accordance with the terms of
such contracts, see section 932(f) of Pub. L. 98-94, set out as an
Effective Date note under section 1091 of this title.
10 USC ( 9023. Repealed. Pub. L. 87-651, title I, 128(1), Sept. 7,
1962, 76 Stat. 514)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 558, related to
employment of civilians in service club and library services.
10 USC 9025. Production of supplies and munitions: hours and pay of
laborers and mechanics
TITLE 10 -- ARMED FORCES
During a national emergency declared by the President, the regular
working hours of laborers and mechanics of the Department of the Air
Force producing military supplies or munitions are 8 hours a day or 40
hours a week. However, under regulations prescribed by the Secretary of
the Air Force these hours may be exceeded. Each laborer or mechanic who
works more than 40 hours in a workweek shall be paid at a rate not less
than one and one-half times the regular hourly rate for each hour in
excess of 40.
(Aug. 10, 1956, ch. 1041, 70A Stat. 558.)
The words ''Notwithstanding the provisions of any other law'' are
omitted as surplusage. The word ''producing'' is substituted for the
words ''who are engaged in the manufacture or production''. The last
sentence is substituted for 5: 189a (last 34 words).
Hours of work of Government employees, see section 6101 et seq. of
Title 5, Government Organization and Employees.
10 USC PART III -- TRAINING
TITLE 10 -- ARMED FORCES
Chap. Sec.
901.
Training Generally 9301
903.
United States Air Force Academy 9331
(905.
lRepealed.)
907.
Schools and Camps 9411
909.
Civil Air Patrol 9441
1964 -- Pub. L. 88-647, title III, 301(27), Oct. 13, 1964, 78
Stat. 1073, struck out chapter 905.
Training, general military law provisions, see section 2001 et seq.
of this title.
10 USC CHAPTER 901 -- TRAINING GENERALLY
TITLE 10 -- ARMED FORCES
Sec.
9301. Members of Air Force: detail as students, observers, and
investigators at educational institutions, industrial plants, and
hospitals.
9302. Enlisted members of Air Force: schools.
9303. Aviation cadets and aviation students: schools.
9304. Aviation students: detail of enlisted members of Air Force.
9305. Civilian flying school instructors: instruction at Air Force
training commands.
9306. Service schools: leaves of absence for instructors.
9314. United States Air Force Institute of Technology.
9315. Community College of the Air Force: associate degrees.
9316. Training and support for A-10 aircraft.
1991 -- Pub. L. 102-190, div. A, title X, 1061(a)(25), Dec. 5,
1991, 105 Stat. 1474, struck out section symbol before ''9316'' in item
9316.
1990 -- Pub. L. 101-510, div. A, title XIV, 1439(d), Nov. 5,
1990, 104 Stat. 1689, added item 9316.
1985 -- Pub. L. 99-145, title V, 504(a)(2)(B), Nov. 8, 1985, 99
Stat. 622, struck out '': degrees'' after ''Technology'' in item 9314.
1976 -- Pub. L. 94-361, title VI, 602, July 14, 1976, 90 Stat.
928, added item 9315.
10 USC 9301. Members of Air Force: detail as students, observers, and
investigators at educational institutions, industrial plants, and
hospitals
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force may detail members of the Air
Force as students at such technical, professional, and other civilian
educational institutions, or as students, observers, or investigators at
such industrial plants, hospitals, and other places, as are best suited
to enable them to acquire knowledge or experience in the specialties in
which it is considered necessary that they perfect themselves.
(b) An officer, other than one of the Regular Air Force on the
active-duty list, who is detailed under subsection (a) shall be ordered
to additional active duty immediately upon termination of the detail,
for a period at least as long as the detail. However, if the detail is
for 90 days or less, the officer may be ordered to that additional duty
only with his consent and in the discretion of the Secretary.
(c) No Reserve of the Air Force may be detailed as a student,
observer, or investigator, or ordered to active duty under this section,
without his consent and, if a member of the Air National Guard of the
United States, without the approval of the governor or other appropriate
authority of the State or Territory, Puerto Rico, or the District of
Columbia of whose Air National Guard he is a member.
(d) The Secretary may require, as a condition of a detail under
subsection (a), that an enlisted member accept a discharge and be
reenlisted in his component for at least three years.
(e) The total length of details of an enlisted member of the Air
Force under subsection (a) during one enlistment period may not exceed
50 percent of that enlistment.
(f) At no time may more than 8 percent of the authorized strength in
commissioned officers, 8 percent of the authorized strength in warrant
officers, or 2 percent of the authorized strength in enlisted members,
of the Regular Air Force, or more than 8 percent of the actual strength
in commissioned officers, 8 percent of the actual strength in warrant
officers, or 2 percent of the actual strength in enlisted members, of
the total of reserve components of the Air Force, be detailed as
students under subsection (a). For the purposes of this subsection, the
actual strength of each category of Reserves includes both members on
active duty and those not on active duty.
(g) Expenses incident to the detail of members under this section
shall be paid from any funds appropriated for the Department of the Air
Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 559; Nov. 29, 1973, Pub. L.
93-169, 87 Stat. 689; Dec. 12, 1980, Pub. L. 96-513, title V, 504(23),
94 Stat. 2917; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII,
1234(a)(1), 102 Stat. 2059.)
In subsection (a), the words ''members of the Air Force'' are
substituted for the words ''personnel of the Air Force of the United
States, without regard to component''.
In subsection (b), the words ''is detailed under subsection (a)'' are
substituted for the words ''receives such instruction''. The words ''as
long as the detail'' are substituted for the words ''equal to the
duration of his period of instruction''. The words ''However, if the
detail is for'' are substituted for the words ''except that where the
duration of such training is''. The words ''other than one of the
Regular Air Force on the active list'' are inserted, since members of
the Regular Air Force on the active list are on continuous active duty.
The word ''additional'' is inserted, since the detail under this section
is active duty. The words ''the officer may be ordered to that
additional duty'' are substituted for the words ''such subsequent active
duty may * * * the officer concerned''.
In subsection (c), the words ''of whose Air National Guard he is a
member'' are substituted for the words ''whichever is concerned''.
In subsection (d), the words ''as a condition of a detail under
subsection (a)'' are substituted for the words ''prior to his detail
pursuant to the provisions of this paragraph''. The words ''accept the
discharge'' are substituted for the words ''be discharged''.
In subsection (e), the words ''during an enlistment'' are inserted
for clarity.
In subsection (f), the last sentence is substituted for 5:626q (words
within parentheses of last proviso).
In subsection (g), the words ''under this section'' are substituted
for 5:626r (9th through 41st words).
1988 -- Subsec. (c). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,''.
1980 -- Subsec. (b). Pub. L. 96-513 substituted ''active-duty list''
for ''active list''.
1973 -- Subsec. (b). Pub. L. 93-169 struck out provisions which
limited to four years the maximum period for which an officer detailed
for additional active duty upon termination of detail is required to
serve.
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 9302. Enlisted members of Air Force: schools
TITLE 10 -- ARMED FORCES
(a) So far as consistent with the requirements of military training
and service, and under regulations to be prescribed by the Secretary of
the Air Force with the approval of the President, enlisted members of
the Air Force shall be permitted to study and receive instruction to
increase their military efficiency and to enable them to return to
civilian life better equipped for industrial, commercial, and business
occupations. Part of this instruction may be vocational education in
agriculture or the mechanic arts. Civilian teachers may be employed to
aid Air Force officers in this instruction.
(b) Schools for the instruction of enlisted members of the Air Force
in the common branches of education, including United States history,
shall be maintained at all air bases at which members of the Air Force
are stationed. The Secretary may detail members of the Air Force to
carry out this subsection. The commander of each air base where schools
are maintained under this subsection shall provide a suitable room or
building for school and religious purposes.
(Aug. 10, 1956, ch. 1041, 70A Stat. 560.)
In subsection (a), the first 12 words are substituted for 10:1176
(1st 5, and last 18, words). The words ''and the Secretary of the Army
shall have the power at all times to suspend, increase, or decrease the
amount of such instruction offered'' are omitted as surplusage.
In subsection (b), the words ''garrisons, and permanent camps'' are
omitted as covered by the word ''posts''. The word ''including'' is
substituted for the words ''and especially in''. The word ''members''
is substituted for the words ''officers and enlisted men''. The words
''as may be necessary'', ''It * * * be the duty'', and ''or garrison''
are omitted as surplusage.
Functions of President under subsec. (a) of this section delegated
to Secretary of Defense, see section 1(6) 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 9303. Aviation cadets and aviation students: schools
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force shall establish and maintain --
(1) one or more schools for the training and instruction of aviation
cadets; and
(2) courses of instruction for aviation students at one or more
established flying schools.
(Aug. 10, 1956, ch. 1041, 70A Stat. 560.)
Discharge of aviation cadets at any time, see section 8817 of this
title.
Subsistence allowance, see section 402 of Title 37, Pay and
Allowances of the Uniformed Services.
10 USC 9304. Aviation students: detail of enlisted members of Air
Force
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may detail enlisted Regulars of the
Air Force, and enlisted Reserves of the Air Force who are on active
duty, for training and instruction as aviation students in their
respective grades at schools selected by him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 560.)
The words ''under such regulations as he may prescribe'' are omitted,
since the Secretary has inherent authority to issue regulations
appropriate to exercising his statutory functions. 10:298a-1 (1st
proviso) is omitted as impliedly repealed by section 10 of the Insurance
Act of 1951, ch. 39, 65 Stat. 36. 10:298a-1 (last proviso) is omitted
as surplusage. The words ''active duty'' are substituted for the words
''active Federal service''.
Discharge of aviation cadets at any time, see section 8817 of this
title.
10 USC 9305. Civilian flying school instructors: instruction at Air
Force training commands
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force may provide for the instruction
and training, at Air Force training commands, of civilians selected from
the instructional staffs of civilian flying schools that are accredited
by the Department of the Air Force for the education and training of
members of the Air Force.
(b) The training of civilians under subsection (a) shall be without
cost to the United States, except for supplies necessary for training
purposes.
(c) A civilian undergoing training under subsection (a) may be
treated in a Government hospital if he becomes sick or is injured.
However, that treatment shall be without cost to the United States
except for services of Government medical personnel and the use of
hospital equipment other than medicine or supplies.
(d) No civilian who sustains a personal injury, and no dependent of a
civilian who dies of disease or injury, while undergoing training under
subsection (a), is entitled to any compensation, pension, or gratuity
for that injury or death.
(Aug. 10, 1956, ch. 1041, 70A Stat. 560.)
In subsection (a), the words ''under such rules and regulations as he
may prescribe'' are omitted, since the Secretary has inherent authority
to issue regulations appropriate to exercising his statutory functions.
The words ''Air Force training commands'' are substituted for the words
''the Air Corps Training Center'', since those commands now perform the
functions formerly performed by the Air Corps Training Center. The
words ''in his discretion'', ''experience'', and ''upon their own
applications'' are omitted as surplusage. The words ''and may provide
for the instruction and training'' are substituted for the words ''is
authorized to enroll as students * * * for the pursuit of such courses
of instruction as may be prescribed therefor''.
In subsection (b), the words ''the furnishing of such'' are omitted
as surplusage. The words ''mate1riel, or equipment'' are omitted as
covered by the word ''supplies'', as defined in section 101(26) of this
title.
In subsection (c), the word ''Government'' is substituted for the
words ''Medical Department'' to conform to the first sentence of the
revised subsection.
10 USC 9306. Service schools: leaves of absence for instructors
TITLE 10 -- ARMED FORCES
The officer in charge of an Air Force service school may grant a
leave of absence for the period of the suspension of the ordinary
academic studies, without deduction of pay or allowances, to any officer
on duty exclusively as an instructor at the school.
(Aug. 10, 1956, ch. 1041, 70A Stat. 561.)
The words ''The provisions of section 1144 of this title, authorizing
leaves of absence to certain officers of the Military Academy * * * are
hereby extended to include'' are omitted as surplusage.
10 USC 9314. United States Air Force Institute of Technology
TITLE 10 -- ARMED FORCES
(a) When the United States Air Force Institute of Technology is
accredited by a nationally recognized accreditation association or
authority, the Commander of the Air University may, under such
regulations as the Secretary of the Air Force may prescribe, confer
appropriate degrees upon persons who meet the requirements for those
degrees in the Resident College of that Institute.
(b)(1) The Secretary of the Air Force may employ as many civilian
faculty members at the United States Air Force Institute of Technology
as is consistent with the needs of the Air Force and with Department of
Defense personnel limits.
(2) The Secretary shall prescribe regulations determining --
(A) titles and duties of civilian members of the faculty; and
(B) pay of civilian members of the faculty, notwithstanding chapter
53 of title 5, but subject to the limitation set out in section 5306(e)
of title 5.
(Aug. 10, 1956, ch. 1041, 70A Stat. 561; Nov. 8, 1985, Pub. L.
99-145, title V, 504(a)(1), (2)(A), 99 Stat. 622; Nov. 14, 1986, Pub.
L. 99-661, div. A, title V, 510, 100 Stat. 3868; Nov. 5, 1990, Pub. L.
101-509, title V, 529 (title I, 106(b)(6)(C)), 104 Stat. 1427, 1440.)
1990 -- Subsec. (b)(2)(B). Pub. L. 101-509 substituted ''5306(e)''
for ''5308''.
1986 -- Subsec. (b)(2)(B). Pub. L. 99-661 struck out ''rates of
basic'' before ''pay of civilian''.
1985 -- Pub. L. 99-145, 504(a)(2)(A), struck out '': degrees''
after ''Technology'' in section catchline.
Subsecs. (a), (b). Pub. L. 99-145, 504(a)(1), designated existing
provisions as subsec. (a) and added subsec. (b).
Amendment by Pub. L. 101-509 effective on such date as the President
shall determine, but not earlier than 90 days, and not later than 180
days, after Nov. 5, 1990, see section 529 (title III, 305) of Pub. L.
101-509, set out as a note under section 5301 of Title 5, Government
Organization and Employees.
Subsec. (b)(2) of this section not applicable to persons who, on Nov.
8, 1985, were civilian members of the faculty of the Air Force
Institute of Technology, were being paid a rate of basic pay under the
General Schedule, and elected under procedures prescribed by the
Secretary of the Air Force to continue to be paid under the General
Schedule, see section 504(c) of Pub. L. 99-145, set out as a note under
section 5102 of Title 5, Government Organization and Employees.
10 USC 9315. Community College of the Air Force: associate degrees
TITLE 10 -- ARMED FORCES
(a) There is in the Air Force a Community College of the Air Force.
Such college, in cooperation with civilian colleges and universities,
shall --
(1) prescribe programs of higher education for enlisted members of
the armed forces designed to improve the technical, managerial, and
related skills of such members and to prepare such members for military
jobs which require the utilization of such skills; and
(2) monitor on a continuing basis the progress of members pursuing
such programs.
(b) Subject to subsection (c), the commander of the Air Training
Command of the Air Force may confer an academic degree at the level of
associate upon any enlisted member who has completed the program
prescribed by the Community College of the Air Force.
(c) No degree may be conferred upon any enlisted member under this
section unless (1) the Community College of the Air Force certifies to
the commander of the Air Force Training Command that such member has
satisfied all the requirements prescribed for such degree, and (2) the
Secretary of Education determines that the standards for the award of
academic degrees in agencies of the United States have been met.
(Added Pub. L. 94-361, title VI, 602, July 14, 1976, 90 Stat. 928;
amended Pub. L. 96-513, title V, 514(9), Dec. 12, 1980, 94 Stat. 2935.)
1980 -- Subsec. (c). Pub. L. 96-513 substituted ''Secretary of
Education'' for ''Commissioner of Education of the Department of Health,
Education, and Welfare''.
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 9316. Training and support for A-10 aircraft
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force shall provide each military department
with flight training, fleet support, and depot maintenance with respect
to all A-10 aircraft assigned to each such department.
(Added Pub. L. 101-510, div. A, title XIV, 1439(c), Nov. 5, 1990,
104 Stat. 1689.)
10 USC CHAPTER 903 -- UNITED STATES AIR FORCE ACADEMY
TITLE 10 -- ARMED FORCES
Sec.
9331. Establishment; Superintendent; faculty.
9332. Departments and professors: titles.
9333. Superintendent; faculty: appointment and detail.
9334. Command and supervision.
9335. Dean of the Faculty.
9336. Permanent professors; director of admissions.
9337. Chaplain.
9341. Faculty and other officers: leaves of absence.
9341a. Cadets: appointment by the President.
9342. Cadets: appointment; numbers, territorial distribution.
9343. Cadets: appointment; to bring to full strength.
9344. Selection of persons from foreign countries.
(9345. Repealed.)
9346. Cadets: requirements for admission.
9347. Cadets; nominees: effect of redistricting of States.
9348. Cadets: agreement to serve as officer.
9349. Cadets: organization; service; instruction.
9350. Cadets: clothing and equipment.
9351. Cadets: deficiencies in conduct or studies; effect of
failure on successor.
9352. Cadets: hazing.
9353. Cadets: degree and commission on graduation.
9354. Buildings and grounds: buildings for religious worship.
9355. Board of Visitors.
1989 -- Pub. L. 101-189, div. A, title V, 515(b)(2), Nov. 29,
1989, 103 Stat. 1441, substituted ''director of admissions'' for
''registrar'' in item 9336.
1983 -- Pub. L. 98-94, title X, 1004(c)(3), Sept. 24, 1983, 97
Stat. 660, substituted ''Selection of persons from foreign countries''
for ''Selection of persons from Canada and American Republics'' in item
9344, and struck out item 9345 ''Selection of Filipinos''.
1981 -- Pub. L. 97-60, title II, 203(c)(2)(B), Oct. 14, 1981, 95
Stat. 1006, added item 9341a.
1958 -- Pub. L. 85-600, 1(23), Aug. 6, 1958, 72 Stat. 524,
inserted ''; registrar'' in item 9336.
10 USC 9331. Establishment; Superintendent; faculty
TITLE 10 -- ARMED FORCES
(a) There is in the Department of the Air Force an Air Force Academy
(hereinafter in this chapter referred to as the ''Academy'') for the
instruction and preparation for military service of selected persons
called ''Air Force cadets''. The organization of the Academy shall be
prescribed by the Secretary of the Air Force.
(b) There shall be at the Academy the following:
(1) A Superintendent.
(2) A dean of the Faculty, who is a permanent professor.
(3) A Commandant of Cadets.
(4) 21 permanent professors.
(5) A chaplain.
(6) A director of admissions.
(c)(1) The Secretary of the Air Force may employ as many civilians as
professors, instructors, and lecturers at the Academy as the Secretary
considers necessary.
(2) The compensation of persons employed under this subsection shall
be as prescribed by the Secretary.
(3) The Secretary may delegate the authority conferred by this
subsection to any person in the Department of the Air Force to the
extent the Secretary considers proper. Such delegation may be made with
or without the authority to make successive redelegations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 561; Aug. 6, 1958, Pub. L.
85-600, 1(19), 72 Stat. 523; Dec. 12, 1980, Pub. L. 96-513, title V,
514(10), 94 Stat. 2935; Nov. 29, 1989, Pub. L. 101-189, div. A, title
V, 515(a)(1), 103 Stat. 1441; Oct. 23, 1992, Pub. L. 102-484, div. A,
title V, 523(b), 106 Stat. 2410.)
In subsection (b), reference to the senior instructors of artillery,
cavalry, and infantry, and the master of the sword, in 10:1061, are
omitted as obsolete. The names of the other departments are omitted as
inapplicable to the Air Force. The departmental names will be
established under section 9332 of this title. The words ''and one
assistant professor'', in 10:1061, are omitted as superseded by section
9333 of this title. 10:1061 (words before colon) is omitted as
inapplicable to the Air Force. 10:1854 (less last sentence) is omitted
as executed by the inclusion in this chapter of the laws applicable to
the Air Force Academy. 10:1087 (proviso) is omitted as inapplicable to
the Air Force.
Subsection (b)(3) is based on those laws establishing the various
departments at the United States Military Academy (see revision note for
section 4331 of this title).
1992 -- Subsec. (c). Pub. L. 102-484 added subsec. (c).
1989 -- Subsec. (b)(6). Pub. L. 101-189 substituted ''director of
admissions'' for ''registrar''.
1980 -- Subsec. (a). Pub. L. 96-513 substituted ''(hereinafter in
this chapter referred to as the 'Academy')'' for '', in this chapter
called the 'Academy',''.
1958 -- Subsec. (b)(6). Pub. L. 85-600 added par. (6).
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.
Legislation; Appropriations for Advance Planning and
Minor Construction
Pub. L. 88-390, title VI, 608, Aug. 1, 1964, 78 Stat. 364,
provided that: ''Notwithstanding the provisions of section 9 of the Act
of April 1, 1954 (Public Law 325) as amended (set out as a note below),
no funds may be appropriated after the date of enactment of this Act
(Aug. 1, 1964) for construction at the Air Force Academy unless
appropriation of such funds has been authorized in this Act (Military
Construction Authorization Act, 1965) or any Act enacted after the date
of enactment of this Act: Provided, That funds are authorized to be
appropriated to accomplish advance planning and minor construction at
the Air Force Academy in the same manner as for other projects under the
Act of September 28, 1951, as amended (31 U.S.C. 723) (10 U.S.C.
2661a(a)), and title 10, United States Code, section 2674, as amended.''
Act Apr. 1, 1954, ch. 127, 68 Stat. 47, which established the Air
Force Academy, provided by section 9 of such act, as amended by act Aug.
3, 1956, ch. 939, title IV, 413(b), 70 Stat. 1018, and by Pub. L.
85-241, title V, 508, Aug. 30, 1957, 71 Stat. 559; Pub. L. 85-685,
title III, 309, Aug. 20, 1958, 72 Stat. 659; Pub. L. 87-57, title
III, 304, June 27, 1961, 75 Stat. 108; Pub. L. 90-408, title III,
304, July 21, 1968, 82 Stat. 385, that there was authorized to be
appropriated not to exceed the sum of $141,978,000 to carry out the
provisions of that Act, of which not to exceed $26,000,000 was to be the
amount so appropriated for any such period, not to exceed $1,858,000
might be utilized for the purpose of section 4 of this Act (set out as a
note below).
Section 4 of act Apr. 1, 1954, ch. 127, 68 Stat. 47, provided that
for the purpose of providing temporary facilities and enabling early
operation of the Academy, the Secretary of the Air Force was authorized
to provide for the erection of the minimum additional number of
temporary buildings and the modification of existing structures and
facilities at an existing Air Force base and to provide for the proper
functioning, equipping, maintaining, and repairing thereof; and to
contract with civilian institutions for such operation or instruction as
he deemed necessary.
United States Military Academy, see section 4331 et seq. of this
title.
United States Naval Academy, see section 6951 et seq. of this title.
10 USC 9332. Departments and professors: titles
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may prescribe the titles of each of
the departments of instruction and the professors of the Academy.
However, the change of the title of a department or officer does not
affect the status, rank, or eligibility for promotion or retirement of,
or otherwise prejudice, a professor at the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 562.)
The words ''now or after December 14, 1942, established at'' are
omitted as surplusage. The word ''precedence'' is omitted as covered by
the word ''rank''. The words ''pay, allowances'' are omitted, since
they are determined by the grade held. The words ''from time to time'',
''shall be known'', and ''operate in any case or on any account'' are
omitted as surplusage.
10 USC 9333. Superintendent; faculty: appointment and detail
TITLE 10 -- ARMED FORCES
(a) The Superintendent and the Commandant of Cadets of the Academy
shall be detailed to those positions by the President from the officers
of the Air Force.
(b) The permanent professors of the Academy shall be appointed by the
President, by and with the advice and consent of the Senate.
(c) The director of admissions of the Academy shall be appointed by
the President, by and with the advice and consent of the Senate, and
shall perform such duties as the Superintendent of the Academy may
prescribe with the approval of the Secretary of the Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 562; Aug. 6, 1958, Pub. L.
85-600, 1(20), 72 Stat. 523; Nov. 29, 1989, Pub. L. 101-189, div. A,
title V, 515(a)(2), 103 Stat. 1441.)
In subsection (a), the word ''detailed'' is substituted for the word
''selected'', since historically the offices of superintendent and
commandant of cadets have been filled by detail. The words ''the
officers of the Air Force'' are substituted for the words ''any arm of
the service'', since the Air Force does not have statutory arms or
corps. 10:1063 (1st sentence and 1st 26 words of last sentence) is
omitted as covered by section 8012 of this title.
In subsection (b), the words ''by and with the advice and consent of
the Senate'' are inserted, since many of the statutes establishing
particular permanent professorships from time to time have so provided,
and historically it has been the uniform practice to make these
appointments in this manner. 10:1063 (last 14 words) is omitted as
obsolete and as covered by section 9349(b) of this title.
1989 -- Subsec. (c). Pub. L. 101-189 substituted ''director of
admissions'' for ''registrar''.
1958 -- Subsec. (c). Pub. L. 85-600 added subsec. (c).
10 USC 9334. Command and supervision
TITLE 10 -- ARMED FORCES
(a) The immediate government of the Academy is under the
Superintendent, who is also the commanding officer of the Academy and of
the military post.
(b) The permanent professors and the director of admissions exercise
command only in the academic department of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 562; Aug. 6, 1958, Pub. L.
85-600, 1(21), 72 Stat. 524; Nov. 29, 1989, Pub. L. 101-189, div. A,
title V, 515(a)(3), 103 Stat. 1441.)
In subsection (a), the words ''and, in his absence, the next in
rank'' are omitted as surplusage.
In subsection (b), reference to assimilated rank is omitted as
superseded by section 9336 of this title. The words ''and the associate
professor'' are omitted as obsolete.
1989 -- Subsec. (b). Pub. L. 101-189 substituted ''director of
admissions'' for ''registrar''.
1958 -- Subsec. (b). Pub. L. 85-600 inserted reference to registrar.
10 USC 9335. Dean of the Faculty
TITLE 10 -- ARMED FORCES
The Dean of the Faculty shall be appointed as an additional permanent
professor from the permanent professors who have served as heads of
departments of instruction at the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 562; Sept. 2, 1958, Pub. L.
85-861, 33(a)(46)(A), 72 Stat. 1567; Nov. 14, 1986, Pub. L. 99-661,
div. A, title V, 508(c), 100 Stat. 3867; Oct. 23, 1992, Pub. L.
102-484, div. A, title V, 521(b), 106 Stat. 2409.)
In subsection (b), the word ''grade'' is substituted for the word
''rank''. The words ''pay, allowances'' are omitted, since they are
determined by the grade held. The words ''retirement rights'' are
omitted as covered by the word ''benefits''. The words ''There is
authorized'', ''from time to time'', and ''statutory'' are omitted as
surplusage. So much of 10:1089 as relates to the duties of the Dean of
the Faculty is omitted as covered by section 8012(e) of this title.
The word ''regular'' is deleted (in sections 9335 and 9336) to make
clear that a Dean or professor of the United States Air Force Academy
holds only the office of ''Dean'' or ''professor'' and not the office of
''brigadier general'' or ''colonel'', as the case may be, even though he
is entitled to the pay and allowances of that grade.
1992 -- Pub. L. 102-484 designated subsec. (a) as entire section
and struck out subsec. (b) which read as follows: ''The Dean has the
grade of brigadier general while serving in such position, with the
benefits authorized for regular brigadier generals of the Air Force, if
appointed to that grade by the President, by and with the advice and
consent of the Senate. However, the retirement age of an officer so
appointed is that of a permanent professor of the Academy.''
1986 -- Subsec. (b). Pub. L. 99-661 amended subsec. (b) generally,
substituting ''while serving in such position'' for ''while serving as
such'' and ''if appointed to that grade by the President, by and with
the advice and consent of the Senate. However, the retirement age of an
officer so appointed'' for ''except that his retirement age''.
1958 -- Subsec. (b). Pub. L. 85-861 substituted ''the grade of
brigadier general'' for ''the regular grade of brigadier general''.
Amendment by Pub. L. 99-661 applicable with respect to appointments
or details made on or after Nov. 14, 1986, see section 508(f) of Pub.
L. 99-661, set out as a note under section 600a 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 9336. Permanent professors; director of admissions
TITLE 10 -- ARMED FORCES
(a) A permanent professor of the Academy, other than the Dean of the
Faculty, who is the head of a department of instruction, or who has
served as such a professor for more than six years, has the grade of
colonel. However, a permanent professor appointed from the Regular Air
Force has the grade of colonel after the date when he completes six
years of service as a professor, or after the date on which he would
have been promoted had he been selected for promotion from among
officers in the promotion zone, whichever is earlier. All other
permanent professors have the grade of lieutenant colonel.
(b) A person appointed as director of admissions of the Academy has
the regular grade of lieutenant colonel, and, after he has served six
years as director of admissions, has the regular grade of colonel.
However, a person appointed from the Regular Air Force has the regular
grade of colonel after the date when he completes six years of service
as director of admissions, or after the date on which he would have been
promoted had he been selected for promotion from among officers in the
promotion zone, whichever is earlier.
(Aug. 10, 1956, ch. 1041, 70A Stat. 562; Aug. 6, 1958, Pub. L.
85-600, 1(22), 72 Stat. 524; Sept. 2, 1958, Pub. L. 85-861,
33(a)(46)(B), 72 Stat. 1567; Dec. 12, 1980, Pub. L. 96-513, title II,
218(b), title V, 504(24), 94 Stat. 2886, 2917; Oct. 19, 1984, Pub. L.
98-525, title V, 533(d)(2), 98 Stat. 2528; Nov. 29, 1989, Pub. L.
101-189, div. A, title V, 515(a)(4), (b)(1), 103 Stat. 1441.)
The word ''grade'' is substituted for the word ''rank''. The words
''pay, and allowances'' are omitted, since they are determined by the
grade held. 10:1079a(a) (last proviso), and the words ''Hereafter each
of'', ''who have been or may hereafter be'', and ''and appointed in''
are omitted as surplusage.
The word ''regular'' is deleted (in sections 9335 and 9336) to make
clear that a Dean or professor of the United States Air Force Academy
holds only the office of ''Dean'' or ''professor'' and not the office of
''brigadier general'' or ''colonel'', as the case may be, even though he
is entitled to the pay and allowances of that grade.
1989 -- Pub. L. 101-189, 515(b), substituted ''director of
admissions'' for ''registrar'' in section catchline.
Subsec. (b). Pub. L. 101-189, 515(a)(4), substituted ''director of
admissions'' for ''registrar'' in three places.
1984 -- Subsecs. (a), (b). Pub. L. 98-525 substituted ''on which he
would have been promoted had he been selected for promotion from among
officers in the promotion zone,'' for ''when a regular officer, junior
to him on the promotion list or active-duty list on which his name was
carried before his appointment as a professor, is promoted to the
regular grade of colonel,''.
1980 -- Subsecs. (a), (b). Pub. L. 96-513, 504(24), substituted
''after the date when a regular officer, junior to him on the promotion
list or active-duty list on which his name was carried'' for ''after the
date when a promotion-list officer, junior to him on the promotion list
on which his name was carried''.
Subsec. (c). Pub. L. 96-513, 218(b), struck out subsec. (c) which
provided that, unless he is serving in a higher grade, an officer
detailed to perform the duties of registrar has, while performing those
duties, the temporary grade of lieutenant colonel and, after performing
those duties for a period of six years, has the temporary grade of
colonel.
1958 -- Pub. L. 85-600, 1(22)(C), inserted ''; registrar'' in
section catchline.
Subsec. (a). Pub. L. 85-861 substituted ''has the grade of colonel''
for ''has the regular grade of colonel'' in two places, and ''have the
grade of lieutenant colonel'' for ''have the regular grade of lieutenant
colonel''.
Pub. L. 85-600, 1(22)(A), designated existing provisions as subsec.
(a).
Subsecs. (b), (c). Pub. L. 85-600, 1(22)(B), added subsecs. (b)
and (c).
Amendment by section 218(b) 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.
Amendment by section 504(24) of 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.
Amendment by Pub. L. 85-861 effective August 10, 1956, see section
33(g) of Pub. L. 85-861, set out as a note under section 101 of this
title.
Prohibition against accrual of increase in pay or allowances for
service performed prior to Aug. 6, 1958, see note set out under section
4336 of this title.
Retirement of permanent professors after more than 30 years of
service as a commissioned officer, see section 8920 of this title.
10 USC 9337. Chaplain
TITLE 10 -- ARMED FORCES
There shall be a chaplain at the Academy, who must be a clergyman,
appointed by the President for a term of four years. The chaplain is
entitled to the same allowances for public quarters as are allowed to a
captain, and to fuel and light for quarters in kind. The chaplain may
be reappointed.
(Aug. 10, 1956, ch. 1041, 70A Stat. 562; Sept. 7, 1962, Pub. L.
87-651, title I, 117, 76 Stat. 513.)
The words ''The chaplain may be reappointed'' are substituted for the
words ''and said chaplain shall be eligible for reappointment for an
additional term or terms''. The figures ''$5,482.80'' and ''$6,714''
are substituted for the figures ''$4,000'' and ''$5,000'' to reflect
increases in the rates of salary of that office effected by Federal
Employees Pay Act of 1945, 59 Stat. 295, the Federal Employees Pay Act
of 1946, 60 Stat. 216, the Postal Rate Revision and Federal Employees
Salary Act of 1948, 62 Stat. 1260, and the Classification Act of 1949,
63 Stat. 954.
The change reflects the opinion of the Assistant General Counsel,
Civil Service Commission (GC:JHF:fz, May 4, 1959), that those parts of
section 4337 and 9337 of title 10 that relate to the salaries of the
chaplains at the United States Military Academy and the United States
Air Force Academy were superseded by the Classification Act of 1949 (5
U.S.C. 1071 et seq.). While the positions of chaplain at those Academies
are not specifically covered by the Act, the Act has been determined to
apply to those positions in accordance with section 203 thereof (5
U.S.C. 1083).
1962 -- Pub. L. 87-651 struck out provisions which prescribed salary
of chaplain upon appointment and reappointment.
Functions of President under this section delegated to Secretary of
Defense, see section 1(5) 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 9341. Faculty and other officers: leaves of absence
TITLE 10 -- ARMED FORCES
The Superintendent of the Academy may grant a leave of absence for
the period of the suspension of the ordinary academic studies, without
deduction of pay or allowances, to a professor, assistant professor,
instructor, or other officer of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 563.)
The words ''under regulations prescribed by the Secretary of the
Army'' are omitted, since the Secretary has inherent authority to issue
regulations appropriate to exercising his statutory functions.
Leave allowances, see section 501 et seq. of Title 37, Pay and
Allowances of the Uniformed Services.
Service schools, leaves of absence for instructors, see section 9306
of this title.
10 USC 9341a. Cadets: appointment by the President
TITLE 10 -- ARMED FORCES
Cadets at the Academy shall be appointed by the President alone. An
appointment is conditional until the cadet is admitted.
(Added Pub. L. 97-60, title II, 203(c)(2)(A), Oct. 14, 1981, 95
Stat. 1006.)
Section effective with respect to nominations for appointment to the
first class admitted to each Academy after Oct. 14, 1981, see section
203(d) of Pub. L. 97-60, set out as a note under section 4341a of this
title.
10 USC 9342. Cadets: appointment; numbers, territorial distribution
TITLE 10 -- ARMED FORCES
(a) The authorized strength of Air Force Cadets of the Academy is as
follows:
(1) 65 cadets selected in order of merit as established by
competitive examination from the children of members of the armed forces
who were killed in action or died of, or have a service-connected
disability rated at not less than 100 per centum resulting from wounds
or injuries received or diseases contracted in, or preexisting injury or
disease aggravated by, active service, children of members who are in a
''missing status'' as defined in section 551(2) of title 37, and
children of civilian employees who are in ''missing status'' as defined
in section 5561(5) of title 5. The determination of the Department of
Veterans Affairs as to service connection of the cause of death or
disability, and the percentage at which the disability is rated, is
binding upon the Secretary of the Air Force.
(2) Five cadets nominated at large by the Vice President or, if there
is no Vice President, by the President pro tempore of the Senate.
(3) Ten cadets from each State, five of whom are nominated by each
Senator from that State.
(4) Five cadets from each congressional district, nominated by the
Representative from the district.
(5) Five cadets from the District of Columbia, nominated by the
Delegate to the House of Representatives from the District of Columbia.
(6) Two cadets from the Virgin Islands, nominated by the Delegate in
Congress from the Virgin Islands.
(7) Six cadets from Puerto Rico, five of whom are nominated by the
Resident Commissioner from Puerto Rico and one who is a native of Puerto
Rico nominated by the Governor of Puerto Rico.
(8) Two cadets from Guam, nominated by the Delegate in Congress from
Guam.
(9) One cadet from American Samoa, nominated by the Delegate in
Congress from American Samoa.
Each Senator, Representative, and Delegate in Congress, including the
Resident Commissioner from Puerto Rico, is entitled to nominate a
principal candidate and nine alternates for each vacancy that is
available to him under this section.
(b) In addition, there may be appointed each year at the Academy
cadets as follows:
(1) one hundred selected by the President from the children of
members of an armed force who --
(A) are on active duty (other than for training) and who have served
continuously on active duty for at least eight years;
(B) are, or who died while they were, retired with pay or granted
retired or retainer pay, other than those granted retired pay under
section 1331 of this title;
however, a person who is eligible for selection under clause (1) of
subsection (a) may not be selected under this clause.
(2) 85 nominated by the Secretary of the Air Force from enlisted
members of the Regular Air Force.
(3) 85 nominated by the Secretary of the Air Force from enlisted
members of reserve components of the Air Force.
(4) 20 nominated by the Secretary of the Air Force, under regulations
prescribed by him, from the honor graduates of schools designated as
honor schools by the Department of the Army, the Department of the Navy,
or the Department of the Air Force, and from members of the Air Force
Reserve Officers' Training Corps.
(5) 150 selected by the Secretary of the Air Force in order of merit
(prescribed pursuant to section 9343 of this title) from qualified
alternates nominated by persons named in clauses (3) and (4) of
subsection (a).
(c) The President may also appoint as cadets at the Academy children
of persons who have been awarded the Medal of Honor for acts performed
while in the armed forces.
(d) The Superintendent may nominate for appointment each year 50
persons from the country at large. Persons nominated under this
paragraph may not displace any appointment authorized under clauses (2)
through (9) of subsection (a) and may not cause the total strength of
Air Force Cadets to exceed the authorized number.
(e) If the annual quota of cadets under subsection (b)(1), (2), or
(3) is not filled, the Secretary may fill the vacancies by nominating
for appointment other candidates from any of these sources who were
found best qualified on examination for admission and not otherwise
nominated.
(f) Each candidate for admission nominated under clauses (3) through
(9) of subsection (a) must be domiciled in the State, or in the
congressional district, from which he is nominated, or in the District
of Columbia, Puerto Rico, American Samoa, Guam, or the Virgin Islands,
if nominated from one of those places.
(g) The Secretary of the Air Force may limit the number of cadets
authorized to be appointed under this section to the number that can be
adequately accommodated at the Academy as determined by the Secretary
after consulting with the Committees on Armed Services of the Senate and
House of Representatives, subject to the following:
(1) Cadets chargeable to each nominating authority named in
subsection (a)(3) or (4) may not be limited to less than four.
(2) If the Secretary limits the number of appointments under
subsection (a)(3) or (4), appointments under subsection (b)(1)-(4) are
limited as follows:
(A) 27 appointments under subsection (b)(1);
(B) 27 appointments under subsection (b)(2);
(C) 27 appointments under subsection (b)(3); and
(D) 13 appointments under subsection (b)(4).
(3) If the Secretary limits the number of appointments under
subsection (b)(5), appointments under subsection (b)(2)-(4) are limited
as follows:
(A) 27 appointments under subsection (b)(2);
(B) 27 appointments under subsection (b)(3); and
(C) 13 appointments under subsection (b)(4).
(4) The limitations provided for in this subsection do not affect the
operation of subsection (e).
(h) The Secretary of the Air Force shall furnish to any Member of
Congress, upon the written request of such Member, the name of the
Congressman or other nominating authority responsible for the nomination
of any named or identified person for appointment to the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 563; Sept. 14, 1962, Pub. L.
87-663, 1(5), (6), 76 Stat. 547; Mar. 3, 1964, Pub. L. 88-276, 4(1),
78 Stat. 151; Oct. 13, 1966, Pub. L. 89-650, 1(1)-(3), (5), 80 Stat.
896; July 5, 1968, Pub. L. 90-374, 82 Stat. 283; Oct. 22, 1968, Pub.
L. 90-623, 2(8), 82 Stat. 1314; Sept. 22, 1970, Pub. L. 91-405, title
II, 204(c), 84 Stat. 852; Aug. 7, 1972, Pub. L. 92-365, 1(3), 86
Stat. 505; Nov. 29, 1973, Pub. L. 93-171, 3(1)-(4), 87 Stat. 690;
Oct. 7, 1975, Pub. L. 94-106, title VIII, 803(b)(1), 89 Stat. 538;
Dec. 12, 1980, Pub. L. 96-513, title V, 514(11), 94 Stat. 2935; Dec.
24, 1980, Pub. L. 96-600, 2(c), 94 Stat. 3493; Oct. 14, 1981, Pub. L.
97-60, title II, 203(c)(1), 95 Stat. 1006; Sept. 24, 1983, Pub. L.
98-94, title X, 1005(a)(3), (b)(3), 97 Stat. 660, 661; Nov. 29, 1989,
Pub. L. 101-189, div. A, title XVI, 1621(a)(1), 103 Stat. 1602; Nov.
5, 1990, Pub. L. 101-510, div. A, title V, 532(c)(1), 104 Stat. 1563.)
In subsection (a), the words ''the authorized strength * * * is as
follows -- '' are substituted for the words ''shall be authorized and
consist of the following''. The words ''at large'' and ''which totals
two thousand four hundred and ninety-six'', and 10:1092a (clause (d))
are omitted as surplusage.
In subsection (b), the words ''from whatever source of admission'',
in 10:1092a, are omitted as surplusage. 10:1098 (words before last
semicolon) is omitted as obsolete.
In subsection (c), the first 15 words are substituted for the words
''all of which cadets shall be''. The words ''domiciled in'' are
substituted for the words ''actual residents of'' to conform to opinions
of the Judge Advocate General of the Army (R. 29, 83; J.A.G. 351.11,
Feb. 10, 1925).
In subsection (e)(4), the words ''armed forces'' are substituted for
the description of the land or naval forces. The date February 1, 1955,
fixed by Proclamation No. 3080 (Jan. 7, 1955; 20 F.R. 173), is
substituted for the words ''such date as shall thereafter be determined
by Presidential proclamation or concurrent resolution of the Congress
under section 745 of title 38''. The words ''including male and female
members of * * * and all components thereof'' are omitted as surplusage.
In subsection (f), the words ''whether a death is service-connected''
are substituted for the words ''as to the service connection of the
cause of death''.
In subsection (g), the words ''(National Guard of the United States,
the Air National Guard of the United States and Army Reserve, and the
Air Force Reserve)'', ''Regular components'', ''by members of the
National Guard of the United States, and the Air National Guard of the
United States'', and ''established at the competitive entrance
examination'' are omitted as surplusage. The word ''grades'' is
substituted for the words ''proficiency averages''.
In subsection (h), the words ''or shall hereafter be'' are omitted as
surplusage.
1990 -- Subsec. (a)(8) to (10). Pub. L. 101-510, 532(c)(1)(A),
redesignated cls. (9) and (10) as (8) and (9), respectively, and struck
out former cl. (8) which read as follows: ''One cadet nominated by the
Administrator of the Panama Canal Commission from the children of
civilian personnel of the United States Government residing in the
Republic of Panama who are citizens of the United States.''
Subsec. (d). Pub. L. 101-510, 532(c)(1)(B), substituted ''clauses
(2) through (9)'' for ''clauses (2)-(7), (9), or (10)''.
Subsec. (f). Pub. L. 101-510, 532(c)(1)(C), substituted ''clauses
(3) through (9)'' for ''clauses (3)-(7), (9) and (10)''.
1989 -- Subsec. (a)(1). Pub. L. 101-189 substituted ''Department of
Veterans Affairs'' for ''Veterans' Administration''.
1983 -- Subsec. (a)(8). Pub. L. 98-94, 1005(b)(3), substituted:
''One cadet nominated by the Administrator of the Panama Canal
Commission from the children of civilian personnel of the United States
Government residing in the Republic of Panama who are citizens of the
United States'' for ''One cadet nominated by the Governor of the Panama
Canal from the children of civilians residing in the Canal Zone or the
children of civilian personnel of the United States Government, or the
Panama Canal Company, residing in the Republic of Panama''.
Subsec. (a)(10). Pub. L. 98-94, 1005(a)(3), substituted ''One cadet
from American Samoa, nominated by the Delegate in Congress from American
Samoa'' for ''One cadet from American Samoa nominated by the Secretary
of the Air Force upon recommendation of the Governor of American
Samoa''.
1981 -- Subsec. (d). Pub. L. 97-60 substituted provisions
authorizing the Superintendent to nominate for appointment each year 50
persons from the country at large for provisions that all cadets were to
be appointed by the President and that all such appointments were
conditional until the cadets were admitted. See section 9341a of this
title.
1980 -- Subsec. (a)(6), (9). Pub. L. 96-600 substituted ''Two
cadets'' for ''One cadet''.
Subsec. (h). Pub. L. 96-513 substituted ''The'' for ''Effective
beginning with the nominations for appointment to the Academy in the
calendar year 1964, the''.
1975 -- Subsec. (a)(1), (8), (b)(1), (c). Pub. L. 94-106
substituted ''children'' for ''sons'' wherever appearing.
1973 -- Subsec. (a)(6). Pub. L. 93-171, 3(1), substituted ''One
cadet from the Virgin Islands, nominated by the Delegate in Congress
from the Virgin Islands'' for ''Five cadets from each Territory,
nominated by the Delegate in Congress from that Territory''.
Subsec. (a)(9). Pub. L. 93-171, 3(2), struck out reference to
American Samoa and Virgin Islands.
Subsec. (a)(10). Pub. L. 93-171, 3(3), added cl. (10).
Subsec. (f). Pub. L. 93-171, 3(4), substituted '', (9) and (10) of
subsection (a)'' for ''and (9) of subsection (a)'' and struck out
reference to Territory.
1972 -- Subsec. (a)(1). Pub. L. 92-365 increased number of Air Force
Cadets from 40 to 65 and added sons of members who are in missing status
and sons of civilian employees who are in missing status as eligible for
competitive examination.
1970 -- Subsec. (a)(5). Pub. L. 91-405 substituted ''delegate to the
House of Representatives from the District of Columbia'' for
''Commissioner of that District''.
1968 -- Subsec. (a). Pub. L. 90-374 increased from five to nine the
number of alternates for each vacancy each Senator, Representative, and
Delegate in Congress, including the Resident Commissioner from Puerto
Rico, is entitled to nominate.
Subsec. (a)(5). Pub. L. 90-623 substituted ''Commissioner'' for
''Commissioners''.
1966 -- Subsec. (a)(1). Pub. L. 89-650, 1(1), provided for
selection of cadets to the Air Force Academy from sons of members of the
armed forces who have a 100 per centum service-connected disability and
removed the limitation to active service during World War I or World War
II or after June 26, 1950, and before Feb. 1, 1955.
Subsec. (a)(2). Pub. L. 89-650, 1(2), provided for nominations to
Air Force Academy by President pro tempore of Senate if there is no Vice
President.
Subsec. (b)(1). Pub. L. 89-650, 1(3), increased number of
Presidential appointments to Air Force Academy from 75 to 100, provided
for selection of eligible persons as stated in items (A) and (B),
previously chosen from sons of members of regular components, and
declared persons eligible under subsec. (a)(1) ineligible under subsec.
(b)(1) of this section.
Subsec. (b)(3). Pub. L. 89-650, 1(5), substituted ''reserve
components of the Air Force'' for ''the Air Force Reserve''.
1964 -- Pub. L. 88-276 amended section generally, and among other
changes, in the noncompetitive appointments, increased the number of
cadets nominated by the Vice President from three to five, each Senator,
Representative and Delegate from 4 to 5, and the Commissioner of Puerto
Rico from 4 to 5, authorized the Governor of Puerto Rico to appoint one
cadet, each Senator, Representative and Delegate to nominate a principal
and five alternates for each vacancy, and, in the competitive
appointments, permitted the President to appoint 75 cadets annually from
the sons of members of the Regular components, instead of a cumulative
total of 89, the Secretary of the Air Force to appoint 85 cadets
annually from enlisted members of the Regular Air Force, instead of a
cumulative total of 90, 85 annually from enlisted members of the Air
Force Reserve, instead of a cumulative total of 90, 20 annually from
honor graduates of designated honor schools and the A.F.R.O.T.C.,
instead of a cumulative total of 40 from honor schools only, 150
annually, in order of merit, from among the qualified alternates
nominated by Members of Congress, and when the quota of cadets selected
under subsec. (b)(1), (2), (3) is not filled, to fill the vacancies by
appointing those best qualified from any of the three sources, decreased
the number of cadets nominated by the Commissioners of the District of
Columbia from 6 to 5, and by the Governor of the Panama Canal from 2 to
1, limited appointments to the number that can be adequately
accommodated at the Academy, within the limitation that congressional
appointments cannot be limited to less than four, and if limited, a
priority of selection is established for the other categories, and,
beginning in 1964, the Secretary may upon request of a Member of
Congress, furnish him the name of any nominating authority responsible
for the nomination of any identified person to the Academy.
1962 -- Subsec. (a)(10). Pub. L. 87-663, 1(5), added cl. (10).
Subsec. (c). Pub. L. 87-663, 1(6), inserted references to American
Samoa, Guam, and the Virgin Islands, and substituted ''Clauses (1)-(5)
and (10)'' for ''clauses (1)-(5)''.
Amendment by Pub. L. 97-60 effective with respect to nominations for
appointment to the first class admitted to each Academy after Oct. 14,
1981, see section 203(d) of Pub. L. 97-60, set out as an Effective Date
note under section 4341a of this title.
Amendment by Pub. L. 96-600 effective beginning with nominations for
appointment to the service academies for academic years beginning more
than one year after Dec. 24, 1980, see section 2(d) of Pub. L.
96-600, set out as a note under section 4342 of this title.
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. 93-171 effective beginning with the nominations
for appointment to the service academies in the calendar year 1974, see
section 4 of Pub. L. 93-171, set out as a note under section 4342 of
this title.
Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section
206(b) of Pub. L. 91-405, set out as an Effective Date note under
section 25a of Title 2, The Congress.
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.
Section 52(b) of act Aug. 10, 1956, as amended by Pub. L. 85-182,
Aug. 28, 1957, 71 Stat. 463, provided that section 9342(a) of Title
10, Armed Forces would take effect four years after the entrance of the
initial class at the United States Air Force Academy. However, for the
four-year period beginning with the class of cadets entering in July
1959, not more than one quarter of the number of cadets authorized by
clause (1), (2), (3), (4), (7), or (8) of that section could be
appointed in any one academic year; two of the number of cadets
authorized by clause (5) of that section could be appointed in the first
and third years of that four-year period, and not more than one of the
number authorized by it could be appointed in the second and fourth
years of that period; and one cadet authorized by clause (6) of that
section could be appointed in the first two years of that four-year
period, and not more than one of the number authorized by it could be
appointed in the second two years of that period. In addition, during
that four-year period, the nominating authority named in clauses (1) to
(6) of that section could select for each cadet allocated to him for the
year concerned a principal candidate and not more than ten alternate
candidates, or he could nominate as many candidates as the Secretary
prescribed and authorize the Secretary to select the principal
candidates in order of merit as determined by competitive examination.
In carrying out section 9343 of Title 10, during that four-year period,
only qualified alternates who were nominated by the authorities named in
clauses (1) to (4) of section 9342(a) could be nominated for appointment
as cadets. Not more than one qualified alternate nominated by any one
authority named in those classes could be appointed as a cadet, after
nomination under section 9343, during each year of that four-year
period.
Authorized strength of service academies not to exceed 4,000 per
academy for class years beginning after 1994, and any reduction in
number of appointments not to be achieved by reduction in number of
appointments under subsec. (a) of this section, see section 511 of Pub.
L. 102-190, set out as a note under section 4342 of this title.
of Academic and Other Standards to Male and Female
Individuals
Secretary required to take such action as may be necessary and
appropriate to insure that (1) female individuals shall be eligible for
appointment and admission to the United States Air Force Academy,
beginning with appointments to such academy for the class beginning in
calendar year 1976, and (2) the academic and other relevant standards
required for appointment, admission, training, graduation, and
commissioning of female individuals shall be the same as those required
for male individuals, except for those minimum essential adjustments in
such standards required because of physiological differences between
male and female individuals, see section 803(a) of Pub. L. 94-106, set
out as a note under section 4342 of this title.
Secretary to continue to exercise the authority granted under this
chapter and chapters 403 and 603 of this title, but such authority to be
exercised within a program providing for the orderly and expeditious
admission of women to the Academy, consistent with the needs of the
services, see section 803(c) of Pub. L. 94-106, set out as a note under
section 4342 of this title.
Effect upon enlisted status of acceptance of appointment as cadet,
see section 516 of this title.
10 USC 9343. Cadets: appointment; to bring to full strength
TITLE 10 -- ARMED FORCES
If it is determined that, upon the admission of a new class to the
Academy, the number of cadets at the Academy will be below the
authorized number, the Secretary of the Air Force may fill the vacancies
by nominating additional cadets from qualified candidates designated as
alternates and from other qualified candidates who competed for
nomination and are recommended and found qualified by the Academy Board.
At least three-fourths of those nominated under this section shall be
selected from qualified alternates nominated by the persons named in
clauses (2) through (8) of section 9342(a) of this title, and the
remainder from qualified candidates holding competitive nominations
under any other provision of law. An appointment under this section is
an additional appointment and is not in place of an appointment
otherwise authorized by law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 564; Mar. 3, 1964, Pub. L.
88-276, 4(2), 78 Stat. 153; Nov. 2, 1966, Pub. L. 89-718, 46, 80
Stat. 1121; Nov. 29, 1973, Pub. L. 93-171, 3(5), 87 Stat. 691; Nov.
5, 1990, Pub. L. 101-510, div. A, title V, 532(a)(2), (c)(2), 104 Stat.
1563, 1564.)
The words ''If it is determined'' are substituted for the words
''When upon determination''. The words ''within his discretion'' are
omitted as covered by the word ''may''. The words ''within the capacity
of the Academy'', ''from the remaining sources of admission authorized
by law'', and ''to be admitted in such class'' are omitted as
surplusage. The words ''by the persons named in clauses (1)-(6) of
section 9342(a), and clause (2) of section 9342(e), of this title'' are
substituted for the words ''by the Vice President, Members of the Senate
and House of Representatives of the United States, Delegates and
Resident Commissioners, the Commissioners of the District of Columbia,
and the Governor of the Canal Zone''. The words ''under any other
provision of law'' are substituted for the words ''from sources
authorized by law other than those holding such alternate
appointments''.
1990 -- Pub. L. 101-510, 532(a)(2), (c)(2), amended section
identically, substituting ''clauses (2) through (8)'' for ''clauses
(2)-(9)''.
1973 -- Pub. L. 93-171 substituted ''clauses (2)-(9) of section
9342(a)'' for ''clauses (2)-(8) of section 9342(a)''.
1966 -- Pub. L. 89-718 substituted ''Academy Board'' for
''Faculty''.
1964 -- Pub. L. 88-276, among other changes, increased percentage of
nominees to be selected from two-thirds to three-fourths, and struck out
''as are necessary to meet the needs of the Air Force, but not more than
the authorized strength of Air Force cadets'' after ''the Faculty''.
For effective date of amendment by Pub. L. 93-171, see section 4 of
Pub. L. 93-171, set out as a note under section 4342 of this title.
Nonreduction of number of appointees from congressional sources under
this section because of additional Presidential appointments under
section 9342(b) (1) of this title, see section 2 of Pub. L. 89-650,
set out as a note under section 4343 of this title.
10 USC 9344. Selection of persons from foreign countries
TITLE 10 -- ARMED FORCES
(a)(1) The Secretary of the Air Force may permit not more than 40
persons at any one time from foreign countries to receive instruction at
the Academy. Such persons shall be in addition to the authorized
strength of the Air Force Cadets of the Academy under section 9342 of
this title.
(2) The Secretary of the Air Force, upon approval by the Secretary of
Defense, shall determine the countries from which persons may be
selected for appointment under this section and the number of persons
that may be selected from each country. The Secretary of the Air Force
may establish entrance qualifications and methods of competition for
selection among individual applicants under this section and shall
select those persons who will be permitted to receive instruction at the
Academy under this section.
(b)(1) A person receiving instruction under this section is entitled
to the pay, allowances, and emoluments of a cadet appointed from the
United States, and from the same appropriations.
(2) Each foreign country from which a cadet is permitted to receive
instruction at the Academy under this section shall reimburse the United
States for the cost of providing such instruction, including the cost of
pay, allowances, and emoluments provided under paragraph (1) unless a
written waiver of reimbursement is granted by the Secretary of Defense.
The Secretary of the Air Force shall prescribe the rates for
reimbursement under this paragraph.
(c)(1) Except as the Secretary of the Air Force determines, a person
receiving instruction under this section is subject to the same
regulations governing admission, attendance, discipline, resignation,
discharge, dismissal, and graduation as a cadet at the Academy appointed
from the United States. The Secretary may prescribe regulations with
respect to access to classified information by a person receiving
instruction under this section that differ from the regulations that
apply to a cadet at the Academy appointed from the United States.
(2) A person receiving instruction under this section is not entitled
to an appointment in an armed force of the United States by reason of
graduation from the Academy.
(d) A person receiving instruction under this section is not subject
to section 9346(d) of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 564; Sept. 24, 1983, Pub. L.
98-94, title X, 1004(c)(1), 97 Stat. 659.)
In subsection (a), the words ''at West Point, New York'' are omitted
as inapplicable to the Air Force.
In subsection (b), the words ''is entitled to'' are substituted for
the words ''shall receive''. The words ''performed in proceeding'' are
omitted as surplusage. The words ''continental limits'' are omitted,
since section 101(1) of this title defines the United States to include
only the States and the District of Columbia.
In subsection (c), the words ''to any office or position'' are
omitted as surplusage; 10:1093c (proviso of last sentence) is omitted,
since 10:1099 is inapplicable to the Air Force and section 1321 of the
Revised Statutes, previously codified in 10:1101, was repealed by
section 6(b) of the Act of June 30, 1950, ch. 421, 64 Stat. 305.
1983 -- Pub. L. 98-94 substituted ''foreign countries'' for ''Canada
and American Republics'' in section catchline.
Subsec. (a). Pub. L. 98-94 amended subsec. (a) generally,
substituting ''The Secretary of the Air Force may permit not more than
40 persons at any one time from foreign countries to receive instruction
at the Academy'' and ''Such persons shall be in addition to the
authorized strength of the Air Force Cadets of the Academy under section
9342 of this title'' for ''Upon designation by the President, the
Secretary of the Air Force may permit not more than 20 persons at any
one time from Canada and the American Republics, other than the United
States, to receive instruction at the Academy'' and ''However, not more
than three persons from any one of those republics or from Canada may
receive instruction under this section at any one time'' as the first
two sentences of subsec. (a) and designating those sentences as par.
(1), and adding par. (2).
Subsec. (b). Pub. L. 98-94 amended subsec. (b) generally,
designating existing provisions as par. (1), striking out provisions
that had directed that the mileage allowance payable to persons for
travel to the Academy for initial admission was not limited to mileage
for travel within the United States, and adding par. (2).
Subsec. (c). Pub. L. 98-94 amended subsec. (c) generally,
designating first sentence of subsec. (c) as par. (1), inserting
provisions authorizing the Secretary to prescribe regulations with
respect to access to classified information by a person receiving
instruction under this section that differ from the regulations that
apply to a cadet at the Academy appointed from the United States, and
designating the second sentence of subsec. (c) as par. (2).
Subsec. (d). Pub. L. 98-94, in amending section generally, added
subsec. (d).
Amendment by Pub. L. 98-94 effective one year after Sept. 24, 1983,
and applicable to persons entering the Academy after such date, with
subsec. (b)(2) of this section, as amended, not to apply to the cost of
providing instruction to a person who, before such date, entered the
Academy, see section 1004(d) of Pub. L. 98-94, set out as a note under
section 4344 of this title.
Force Academy Instruction; Benefits, Limitations,
Restrictions, and Regulations; Oath of Trainees
Air Force Academy instruction of persons from countries assisting
U.S. in Vietnam, numerical limitation, prohibition against appointment
of graduates to the Armed Forces, exemption from oath, etc., see Pub.
L. 89-802, Nov. 9, 1966, 80 Stat. 1518, set out as a note under
section 4344 of this title.
10 USC ( 9345. Repealed. Pub. L. 98-94, title X, 1004(c)(2), Sept.
24, 1983, 97 Stat. 660)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 565, related to
selection of Filipinos for instruction at the Air Force Academy.
Repeal effective one year after Sept. 24, 1983, see section 1004(d)
of Pub. L. 98-94, set out as an Effective Date of 1983 Amendment note
under section 4344 of this title.
10 USC 9346. Cadets: requirements for admission
TITLE 10 -- ARMED FORCES
(a) To be eligible for admission to the Academy a candidate must be
at least 17 years of age and must not have passed his twenty-second
birthday on July 1 of the year in which he enters the Academy.
(b) To be admitted to the Academy, an appointee must show, by an
examination held under regulations prescribed by the Secretary of the
Air Force, that he is qualified in the subjects prescribed by the
Secretary.
(c) A candidate designated as a principal or an alternate for
appointment as a cadet shall appear for physical examination at a time
and place designated by the Secretary.
(d) To be admitted to the Academy, an appointee must take and
subscribe to an oath prescribed by the Secretary of the Air Force. If a
candidate for admission refuses to take and subscribe to the prescribed
oath, his appointment is terminated.
(Aug. 10, 1956, ch. 1041, 70A Stat. 565; Nov. 2, 1966, Pub. L.
89-718, 47, 80 Stat. 1121.)
In subsection (a), the words ''Effective January 1, 1951'' are
omitted as executed. The word ''Calendar'' is omitted as surplusage.
The words ''must not have passed his twenty-second birthday'' are
substituted for the words ''not more than twenty-two years of age'', to
make it clear that a person whose twenty-second birthday falls on July 1
of the year of admission is eligible (see opinion of the Judge Advocate
General of the Army (JAGA 1952/7083, 2 Sept. 1952)).
In subsection (b), the words ''is qualified in'' are substituted for
the words ''to be well versed in''. The words ''To be'' are substituted
for the words ''before they shall be''. The words ''an appointee must
show that he is qualified'' are substituted for the words ''shall be
required to be well versed''. The words ''from time to time'' are
omitted as surplusage.
In subsection (c), the word ''shall'' is substituted for the word
''may'', since the nominee is required to appear for the examination.
The word ''appear'' is substituted for the words ''present himself''.
The words ''at a place'' are substituted for the words ''at West Point,
New York, or other prescribed places''.
1966 -- Subsec. (d). Pub. L. 89-718 added subsec. (d).
For authority to waive maximum age limitation in subsec. (a) of this
section on basis of service on active duty in connection with Operation
Desert Storm, see section 514 of Pub. L. 102-190, set out as a note
under section 4346 of this title.
10 USC 9347. Cadets; nominees: effect of redistricting of States
TITLE 10 -- ARMED FORCES
If as a result of redistricting a State the domicile of a cadet, or a
nominee, nominated by a Representative falls within a congressional
district other than that from which he was nominated, he is charged to
the district in which his domicile so falls. For this purpose, the
number of cadets otherwise authorized for that district is increased to
include him. However, the number as so increased is reduced by one if
he fails to become a cadet or when he is finally separated from the
Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 565.)
The word ''domicile'' is substituted for the words ''place of
residence'' and ''residence'' to conform to opinions of the Judge
Advocate General of the Army (R. 29, 83; J.A.G. 351.11, Feb. 10, 1925).
The words ''a * * * other than that from which he was nominated'' are
substituted for the word ''another''. The words ''were appointed with
respect to'', ''of the former district'', ''as additional numbers'',
''at such academy for the Representative'', ''temporarily'', and ''in
attendance at such academy under an appointment from such former
district'' are omitted as surplusage. The words ''the district in which
his domicile so falls'' are substituted for the words ''of the latter
district''. The words ''to include him'' are substituted for 10:1091-1
(18 words before proviso). The words ''but the number as so increased''
are substituted for 10:1091-1 (1st 13 words of proviso). The words ''if
he fails to become a cadet'' are inserted for clarity.
10 USC 9348. Cadets: agreement to serve as officer
TITLE 10 -- ARMED FORCES
(a) Each cadet shall sign an agreement with respect to the cadet's
length of service in the armed forces. The agreement shall provide that
the cadet agrees to the following:
(1) That the cadet will complete the course of instruction at the
Academy.
(2) That upon graduation from the Academy the cadet --
(A) will accept an appointment, if tendered, as a commissioned
officer of the Regular Air Force; and
(B) will serve on active duty for at least six years immediately
after such appointment.
(3) That if an appointment described in paragraph (2) is not tendered
or if the cadet is permitted to resign as a regular officer before
completion of the commissioned service obligation of the cadet, the
cadet --
(A) will accept an appointment as a commissioned officer as a Reserve
in the Air Force for service in the Air Force Reserve; and
(B) will remain in that reserve component until completion of the
commissioned service obligation of the cadet.
(b)(1) The Secretary of the Air Force may transfer to the Air Force
Reserve, and may order to active duty for such period of time as the
Secretary prescribes (but not to exceed four years), a cadet who
breaches an agreement under subsection (a). The period of time for
which a cadet is ordered to active duty under this paragraph may be
determined without regard to section 651(a) of this title.
(2) A cadet who is transferred to the Air Force Reserve under
paragraph (1) shall be transferred in an appropriate enlisted grade or
rating, as determined by the Secretary.
(3) For the purposes of paragraph (1), a cadet shall be considered to
have breached an agreement under subsection (a) if the cadet is
separated from the Academy under circumstances which the Secretary
determines constitute a breach by the cadet of the cadet's agreement to
complete the course of instruction at the Academy and accept an
appointment as a commissioned officer upon graduation from the Academy.
(c) The Secretary of the Air Force shall prescribe regulations to
carry out this section. Those regulations shall include --
(1) standards for determining what constitutes, for the purpose of
subsection (b), a breach of an agreement under subsection (a);
(2) procedures for determining whether such a breach has occurred;
and
(3) standards for determining the period of time for which a person
may be ordered to serve on active duty under subsection(b).
(d) In this section, the term ''commissioned service obligation'',
with respect to an officer who is a graduate of the Academy, means the
period beginning on the date of the officer's appointment as a
commissioned officer and ending on the sixth anniversary of such
appointment or, at the discretion of the Secretary of Defense, any later
date up to the eighth anniversary of such appointment.
(e)(1) This section does not apply to a cadet who is not a citizen or
national of the United States.
(2) In the case of a cadet who is a minor and who has parents or a
guardian, the cadet may sign the agreement required by subsection (a)
only with the consent of a parent or guardian.
(Aug. 10, 1956, ch. 1041, 70A Stat. 565; Mar. 3, 1964, Pub. L.
88-276, 5(a), 78 Stat. 153; Oct. 13, 1964, Pub. L. 88-647, title III,
301(25), 78 Stat. 1073; Oct. 19, 1984, Pub. L. 98-525, title V,
541(c), 542(d), 98 Stat. 2529; Nov. 8, 1985, Pub. L. 99-145, title V,
512(c), 99 Stat. 625; Nov. 29, 1989, Pub. L. 101-189, div. A, title V,
511(d), title XVI, 1622(e)(5), 103 Stat. 1439, 1605.)
The word ''agreement'' is substituted for the word ''articles''. The
words ''Hereafter'', ''appointed to the United States Military
Academy'', ''engage'', and 10: 1092c (1st 25 words of clause (2) are
omitted as surplusage. The word ''separated'' is substituted for the
words ''discharged by competent authority''. The words ''if he is
permitted to resign'' are substituted for the words ''in the event of
the acceptance of his resignation'', since a resignation is effective
only when accepted. The first 32 words of clause (3) are substituted for
10:1092c (last 29 words of clause (3)). The last sentence is substituted
for the words ''with the consent of his parents or guardian if he be a
minor, and if any he have''.
1989 -- Subsec. (a)(2)(B). Pub. L. 101-189, 511(d), substituted
''six years'' for ''five years''.
Subsec. (d). Pub. L. 101-189, 1622(e)(5), inserted ''the term''
after ''In this section,''.
1985 -- Pub. L. 99-145 amended section generally. Prior to
amendment, section read as follows:
''(a) Each cadet who is a citizen or national of the United States
shall sign an agreement that he will --
''(1) unless sooner separated from the Academy, complete the course
of instruction at the Academy;
''(2) accept an appointment and, unless sooner separated from the
service, serve as a commissioned officer of the Regular Air Force for at
least the five years immediately after graduation; and
''(3) accept an appointment as a commissioned officer as a Reserve
for service in the Air Force Reserve and, unless sooner separated from
the service, remain therein until at least the sixth anniversary and, at
the direction of the Secretary of Defense, up to the eighth anniversary
of his graduation, if an appointment in the Regular Air Force is not
tendered to him, or if he is permitted to resign as a commissioned
officer of that component before that anniversary.
If the cadet is a minor and has parents or a guardian, he may sign
the agreement only with the consent of the parents or guardian.
''(b) A cadet who does not fulfill his agreement under subsection (a)
may be transferred by the Secretary of the Air Force to the Air Force
Reserve in an appropriate enlisted grade and, notwithstanding section
651 of this title, may be ordered to active duty to serve in that grade
for such period of time as the Secretary prescribes but not for more
than four years.''
1984 -- Subsec. (a). Pub. L. 98-525, 541(c), struck out '', unless
sooner separated,'' in introductory text before ''he will''; inserted
in cl. (1) ''unless sooner separated from the Academy,''; and inserted
'', unless sooner separated from the service,'' in cls. (2) and (3).
Subsec. (a)(3). Pub. L. 98-525, 542(d), substituted ''at least the
sixth anniversary and, at the direction of the Secretary of Defense, up
to the eighth anniversary'' for ''the sixth anniversary''.
1964 -- Pub. L. 88-647 designated existing provisions as subsec.
(a) and added subsec. (b).
Subsec. (a)(2). Pub. L. 88-276 substituted ''five'' for ''three''.
Amendment by section 511(d) of Pub. L. 101-189 applicable to persons
who are first admitted to one of the military service academies after
Dec. 31, 1991, see section 511(e) of Pub. L. 101-189, as amended, set
out as a note under section 2114 of this title.
Amendment by Pub. L. 99-145 (other than with respect to the
authority of the Secretary of the Air Force to prescribe regulations)
effective on the date on which regulations prescribed by the Secretary
take effect and applicable to agreements entered into under this section
on or after the effective date of such regulations and also with respect
to each such agreement that was entered into before the effective date
of such regulations by an individual who is a cadet on such date, see
section 512(e) of Pub. L. 99-145, set out as a note under section 4348
of this title.
Amendment by section 541(c) of Pub. L. 98-525 applicable with
respect to agreements entered into under this section before, on, or
after Oct. 19, 1984, see section 541(d) of Pub. L. 98-525, set out as
a note under section 4348 of this title.
Service
For effective date of amendment by Pub. L. 88-276, see section 5(c)
of Pub. L. 88-276, set out as a note under section 4348 of this title.
Secretary of the Air Force to prescribe regulations required by
subsec. (c) of this section as added by Pub. L. 99-145 not later than
the end of the 90-day period beginning on Nov. 8, 1985, see section
512(d) of Pub. L. 99-145, set out as a note under section 4348 of this
title.
Effect upon enlisted status of acceptance of appointment as
midshipman, see section 516 of this title.
10 USC 9349. Cadets: organization; service; instruction
TITLE 10 -- ARMED FORCES
(a) A cadet shall perform duties at such places and of such type as
the President may direct.
(b) The course of instruction at the Academy is four years.
(c) The Secretary of the Air Force shall so arrange the course of
studies at the Academy that cadets are not required to pursue their
studies on Sunday.
(d) Cadets shall be trained in the duties of members of the Air
Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 566.)
In subsection (a), the word ''commissioned'' is inserted for clarity.
10:1105 (2d sentence) is omitted as obsolete.
In subsection (b), the word ''perform'' is substituted for the words
''be subject at all times to do''. The words ''of such type'' are
substituted for the words ''on such service''.
In subsection (e), the words ''members of the Air Force'' are
substituted for the words ''private soldier, noncommissioned officer,
and officer''. The words ''taught and'' are omitted as surplusage.
10:1105 (less 1st 18 words of last sentence) is omitted as inapplicable
to the Air Force.
10 USC 9350. Cadets: clothing and equipment
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force may prescribe the amount to be
credited to a cadet, upon original admission to the Academy, for the
cost of his initial issue of clothing and equipment. That amount shall
be deducted from his pay. If a cadet is discharged before graduation
while owing the United States for pay advanced for the purchase of
required clothing and equipment, he shall turn in so much of his
clothing and equipment of a distinctive military nature as is necessary
to repay the amount advanced. If the value of the clothing and
equipment turned in does not cover the amount owed, the indebtedness
shall be canceled.
(b) Under such regulations as the Secretary may prescribe, uniforms
and equipment shall be furnished to a cadet at the Academy upon his
request.
(Aug. 10, 1956, ch. 1041, 70A Stat. 566.)
In subsection (a), the words ''while owing the United States for pay
advanced for the purpose of'' are substituted for the words ''who is
indebted to the United States on account of advances in pay to
purchase''. The words ''as is necessary to repay the amount advanced''
are substituted for the words ''to the extent required to discharge such
indebtedness''.
In subsection (b), the word ''accouterments'' is omitted as
surplusage. The words ''by the Government'' and ''such restrictions
and'' are omitted as surplusage. The words ''at cost'' are omitted to
reflect Title IV of the National Security Act of 1947, as amended (63
Stat. 585), which authorized the Secretary of Defense to prescribe
regulations governing the use and sale of certain inventories at cost,
including applicable administrative expenses. (See opinion of the
Assistant General Counsel (Fiscal Matters) of the Office of the
Secretary of Defense, January 4, 1955.)
10 USC 9351. Cadets: deficiencies in conduct or studies; effect of
failure on successor
TITLE 10 -- ARMED FORCES
(a) A cadet who is reported as deficient in conduct or studies and
recommended to be discharged from the Academy may not, unless
recommended by the Academy Board, be returned or reappointed to the
Academy.
(b) Any cadet who fails to pass a required examination because he is
deficient in any one subject of instruction is entitled to a
reexamination of equal scope and difficulty in that subject, if he
applies in writing to the Superintendent within 10 days after he is
officially notified of his failure. The reexamination shall be held
within 60 days after the date of his application. If the cadet passes
the reexamination and is otherwise qualified, he shall be readmitted to
the Academy. If he fails, he may not have another examination.
(c) The failure of a member of a graduating class to complete the
course with his class does not delay the admission of his successor.
(Aug. 10, 1956, ch. 1041, 70A Stat. 566.)
In subsection (a), 10:1104 (last 20 words) is omitted as superseded
by section 8287(d) of this title.
In subsection (b), the words ''is entitled to'' are substituted for
the words ''shall have the right to apply''. The words ''of equal scope
and difficulty in that subject'' are substituted for the words ''by
compliance with the requirements existing at the time of the first
examination''.
In subsection (c), the words ''by reason of sickness, or deficiency
in his studies, or other cause'' are omitted as surplusage.
10 USC 9352. Cadets: hazing
TITLE 10 -- ARMED FORCES
(a) Subject to the approval of the Secretary of the Air Force, the
Superintendent of the Academy shall issue regulations --
(1) defining hazing;
(2) designed to prevent that practice; and
(3) prescribing dismissal, suspension, or other adequate punishment
for violations.
(b) If a cadet who is charged with violating a regulation issued
under subsection (a), the penalty for which is or may be dismissal from
the Academy, requests in writing a trial by a general court-martial, he
may not be dismissed for that offense except under sentence of such a
court.
(c) A cadet dismissed from the Academy for hazing may not be
reappointed as an Air Force cadet, and is ineligible for appointment as
a commissioned officer in a regular component of the Army, Navy, Air
Force, or Marine Corps, until two years after the graduation of his
class.
(Aug. 10, 1956, ch. 1041, 70A Stat. 566.)
In subsection (a), the word ''violations'' is substituted for the
words ''infractions of the same''. The words ''to embody a clear'' are
omitted as surplusage.
In subsection (b), the words ''the penalty for which is or may be''
are substituted for the words ''which would involve''. The words ''may
not be dismissed for that offense except under sentence of such a
court'' are substituted for the words ''shall be granted''.
In subsection (c), the words ''a regular component'' are inserted,
since the source statute historically applied only to the regular
components.
10 USC 9353. Cadets: degree and commission on graduation
TITLE 10 -- ARMED FORCES
(a) After the date of the accrediting of the Academy, the
Superintendent of the Academy may, under such conditions as the
Secretary of the Air Force may prescribe, confer the degree of bachelor
of science upon graduates of the Academy.
(b) Notwithstanding any other provision of law, a cadet who completes
the prescribed course of instruction may, upon graduation, be appointed
a second lieutenant in the Regular Air Force under section 531 of this
title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 567; Sept. 2, 1958, Pub. L.
85-861, 1(201), 33(a)(43), 72 Stat. 1541, 1567; Dec. 12, 1980, Pub.
L. 96-513, title V, 504(25), 94 Stat. 2917.)
In subsection (a), the last 27 words are substituted for 10:486a
(last sentence). The words ''rules and'' and ''from and after the date
of the accrediting of said Academy'' are omitted as surplusage. The
word ''conditions'' is substituted for the word ''regulations''.
In subsection (b), the words ''except section 541 of this title'' are
inserted to reflect the authority to appoint graduates of one service
academy as officers of another service.
It is unnecessary to include a reference to section 541 of title 10,
since that section does not derogate from the authority granted in this
section.
The change reflects the opinion of the Judge Advocate General of the
Air Force (July 19, 1957) that the words ''from and after the date of
the accrediting of said academies'' in the source law for section
9353(a) (Act of May 25, 1933, ch. 37 (48 Stat. 73), as amended) were a
condition precedent to the authority to grant degrees and should not
have been omitted.
1980 -- Subsec. (b). Pub. L. 96-513 inserted ''under section 531 of
this title'' after ''Regular Air Force''.
1958 -- Subsec. (a). Pub. L. 85-861, 33(a)(43), permitted
conferring of degrees only after date of accrediting of Academy.
Subsec. (b). Pub. L. 85-861, 1(201), struck out ''except section 541
of this title'' after ''provision of law''.
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.
Amendment by section 33(a)(43) 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.
10 USC 9354. Buildings and grounds: buildings for religious worship
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may authorize any denomination, sect,
or religious body to erect a building for religious worship at the Air
Force Academy, if its erection will not interfere with the use of the
reservation for military purposes and will be without expense to the
United States. Such a building shall be removed, or its location
changed, without compensation for it and without expense to the United
States, by the denomination, sect, or religious body that erected it,
whenever in the opinion of the Secretary public or military necessity so
requires.
(Aug. 10, 1956, ch. 1041, 70A Stat. 567.)
The words ''in his discretion'' and ''Government of'' are omitted as
surplusage. The words ''United States'' are substituted for the word
''Government''.
10 USC 9355. Board of Visitors
TITLE 10 -- ARMED FORCES
(a) A Board of Visitors to the Academy is constituted annually of --
(1) the chairman of the Committee on Armed Services of the Senate, or
his designee;
(2) three other members of the Senate designated by the Vice
President or the President pro tempore of the Senate, two of whom are
members of the Committee on Appropriations of the Senate;
(3) the chairman of the Committee on Armed Services of the House of
Representatives, or his designee;
(4) four other members of the House of Representatives designated by
the Speaker of the House of Representatives, two of whom are members of
the Committee on Appropriations of the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for three years
each except that any member whose term of office has expired shall
continue to serve until his successor is appointed. The President shall
designate two persons each year to succeed the members whose terms
expire that year.
(c) If a member of the Board dies or resigns, a successor shall be
designated for the unexpired portion of the term by the official who
designated the member.
(d) The Board shall visit the Academy annually. With the approval of
the Secretary of the Air Force, the Board or its members may make other
visits to the Academy in connection with the duties of the Board or to
consult with the Superintendent of the Academy.
(e) The Board shall inquire into the morale and discipline, the
curriculum, instruction, physical equipment, fiscal affairs, academic
methods, and other matters relating to the Academy which the Board
decides to consider.
(f) Within 60 days after its annual visit, the Board shall submit a
written report to the President of its action, and of its views and
recommendations pertaining to the Academy. Any report of a visit, other
than the annual visit, shall, if approved by a majority of the members
of the Board, be submitted to the President within 60 days after the
approval.
(g) Upon approval by the Secretary, the Board may call in advisers
for consultation.
(h) While performing his duties, each member of the Board and each
adviser is entitled to not more than $5 a day and shall be reimbursed
under Government travel regulations for his travel expenses.
(Aug. 10, 1956, ch. 1041, 70A Stat. 567; Dec. 23, 1980, Pub. L.
96-579, 13(c), 94 Stat. 3369.)
In subsections (a) and (b), the word ''designated'' is substituted
for the word ''appointed'' to make it clear that the positions described
are not constitutional offices.
Subsection (b) is substituted for 10:1056(e) (less 1st sentence).
In subsection (c), the words ''during the term for which such member
was appointed'' and ''Such successor shall be appointed * * * who died
or resigned'' are omitted as surplusage.
In subsection (g), the words ''as it may deem necessary or advisable
to effectuate the duties imposed upon it by the provisions of sections
1055-1060 of this title'' are omitted as surplusage.
In subsection (h), the words ''called for consultation by the Board
in connection with the business of the Board'' are omitted as
surplusage.
1980 -- Subsec. (b). Pub. L. 96-579 required member whose term of
office had expired to continue service until appointment of a successor.
10 USC (CHAPTER 905 -- REPEALED)
TITLE 10 -- ARMED FORCES
10 USC ( 9381 to 9387. Repealed. Pub. L. 88-647, title III, 301(26),
Oct. 13, 1964, 78 Stat. 1073)
TITLE 10 -- ARMED FORCES
Sections 9381 to 9387, act Aug. 10, 1956, ch. 1041, 70A Stat.
568-570, related to Air Force Officers' Training Corps and defined
''advanced training'', provided for its establishment and composition,
admission and training of medical, dental, pharmacy and veterinary
students, set out courses of training, authorized operation and
maintenance of training camps, provided for supplies and uniforms and
for advanced training and compensation therefor. See chapter 103 of
this title.
Section 9382 was amended by act Sept. 2, 1958, Pub. L. 85-861,
33(a)(44), 72 Stat. 1567, and section 9384 was amended by act Sept. 2,
1958, Pub. L. 85-861, 1(202), 72 Stat. 1541.
Section 401 of Pub. L. 88-647 validated all payments made and
supplies issued under sections 9385 to 9387 of this title in connection
with the training of a person at an Air Force Reserve Officers' Training
Corps unit while such person was a student at a civil educational
institution where a unit of the corps was not established.
10 USC CHAPTER 907 -- SCHOOLS AND CAMPS
TITLE 10 -- ARMED FORCES
Sec.
9411. Establishment: purpose.
9412. Operation.
9413. Transportation and subsistence during travel.
9414. Quartermaster and ordnance property: sales.
9415. Inter-American Air Forces Academy.
1990 -- Pub. L. 101-510, div. A, title III, 330(b), Nov. 5, 1990,
104 Stat. 1535, added item 9415.
10 USC 9411. Establishment: purpose
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may maintain schools and camps for the
military instruction and training of persons selected, upon their
application, from warrant officers and enlisted members of the Air Force
and civilians, to qualify them for appointment as reserve officers, or
enlistment as reserve noncommissioned officers, for service in the Air
Force Reserve.
(Aug. 10, 1956, ch. 1041, 70A Stat. 571.)
The words ''upon military reservations or elsewhere'' are omitted as
surplusage. The words ''of the Air Force'' are inserted for clarity.
The words ''or enlistment as'' are inserted for clarity.
Supplies, see section 9654 of this title.
10 USC 9412. Operation
TITLE 10 -- ARMED FORCES
In maintaining camps established under section 9411 of this title,
the Secretary of the Air Force may --
(1) prescribe the periods during which they will be operated;
(2) prescribe regulations for their administration;
(3) prescribe the courses to be taught;
(4) detail members of the Regular Air Force to designated duties
relating to the camps;
(5) use necessary supplies and transportation;
(6) furnish uniforms, subsistence, and medical attendance and
supplies to persons attending the camp; and
(7) authorize necessary expenditures from proper Air Force funds for
--
(A) water;
(B) fuel;
(C) light;
(D) temporary structures, except barracks and officers' quarters;
(E) screening;
(F) damages resulting from field exercises;
(G) expenses incident to theoretical winter instruction of trainees;
and
(H) other expenses incident to maintaining the camps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 571.)
The word ''supplies'' is substituted for the words ''such arms,
ammunition, accoutrements, equipments, tentage, field equipage'', since,
under the definition of the word ''supplies'', in section 101(26) of
this title, those words are covered by the word ''supplies''. The words
''belonging to the United States'', ''and imparting military instruction
and training thereat'', ''during the period of their attendance'',
''theoretical and practical instruction'', ''persons attending the camps
authorized by this section'', and ''as he may deem'' are omitted as
surplusage. The word ''detail'' is substituted for the word ''employ''.
The word ''members'' is substituted for the words ''officers, warrant
officers, and enlisted men''.
10 USC 9413. Transportation and subsistence during travel
TITLE 10 -- ARMED FORCES
(a) There may be furnished to a person attending a school or camp
established under section 9411 of this title, for travel to and from
that school or camp --
(1) transportation and subsistence;
(2) transportation in kind and a subsistence allowance of one cent a
mile; or
(3) a travel allowance of five cents a mile.
(b) The travel allowance for the return trip may be paid in advance.
(c) For the purposes of this section, distance is computed by the
shortest usually traveled route, within such territorial limits as the
Secretary of the Air Force may prescribe, from the authorized starting
point to the school or camp and return.
(Aug. 10, 1956, ch. 1041, 70A Stat. 572.)
In subsection (a), the introductory clause is inserted for clarity.
The words ''at the option of the Secretary of the Army'' are omitted as
surplusage.
In subsection (b), the words ''of the actual performance of the
same'' are omitted as surplusage.
Subsection (c) is substituted for the words ''the most usual and
direct route within such limits as to territory as the Secretary of the
Army may prescribe * * * for the distance by the shortest usually
traveled route from the places from which they are authorized to proceed
to the camp, and for the return travel thereto''.
10 USC 9414. Quartermaster and ordnance property: sales
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may sell to a person attending a
school or camp established under section 9411 of this title
quartermaster and ordnance property necessary for his proper equipment.
Sales under this section shall be for cash.
(Aug. 10, 1956, ch. 1041, 70A Stat. 572.)
10:442 (2d sentence) is omitted as superseded by section 10 of the
Act of June 26, 1934, ch. 756, 48 Stat. 1229 (31 U.S.C. 725i), which
limits credits to the replacing account to the actual cost of the items
sold. The words ''quartermaster and ordnance property necessary for his
proper equipment'' are substituted for 10:442 (last 26 words of 1st
sentence). The words ''and at cost price, plus 10 per centum'' are
omitted to reflect Title IV of the National Security Act of 1947, as
amended (63 Stat. 585), which authorized the Secretary of Defense to
prescribe regulations governing the use and sale of certain inventories
at cost, including applicable administrative expenses. (See opinion of
the Assistant General Counsel (Fiscal Matters) of the Office of the
Secretary of Defense, January 4, 1955.)
10 USC 9415. Inter-American Air Forces Academy
TITLE 10 -- ARMED FORCES
(a) Operation. -- The Secretary of the Air Force may operate the Air
Force education and training facility known as the Inter-American Air
Forces Academy for the purpose of providing military education and
training to military personnel of Central and South American countries,
Caribbean countries, and other countries eligible for assistance under
chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2347 et seq.).
(b) Costs. -- The fixed costs of operating and maintaining the
Inter-American Air Forces Academy may be paid from funds available for
operation and maintenance of the Air Force.
(Added Pub. L. 101-510, div. A, title III, 330(a), Nov. 5, 1990, 104
Stat. 1535.)
The Foreign Assistance Act of 1961, referred to in subsec. (a), is
Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 5
of part II of such Act is classified generally to part V of subchapter
II ( 2347 et seq.) of chapter 32 of Title 22, Foreign Relations and
Intercourse. For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of Title 22 and Tables.
10 USC CHAPTER 909 -- CIVIL AIR PATROL
TITLE 10 -- ARMED FORCES
Sec.
9441. Status: support by Air Force; employment.
9442. Assistance by other agencies.
1984 -- Pub. L. 98-525, title XV, 1533(b)(2), Oct. 19, 1984, 98
Stat. 2632, added item 9442.
10 USC 9441. Status: support by Air Force; employment
TITLE 10 -- ARMED FORCES
(a) The Civil Air Patrol is a volunteer civilian auxiliary of the Air
Force.
(b) To assist the Civil Air Patrol in the fulfillment of its
objectives as set forth in section 2 of the Act of July 1, 1946 (36
U.S.C. 202), the Secretary of the Air Force may, under regulations
prescribed by him with the approval of the Secretary of Defense --
(1) give, lend, or sell to the Civil Air Patrol without regard to the
Federal Property and Administrative Services Act of 1949, as amended (40
U.S.C. 471 et seq.) --
(A) major items of equipment, including aircraft, motor vehicles, and
communication equipment; and
(B) necessary related supplies and training aids;
that are excess to the military departments;
(2) permit the use of such services and facilities of the Air Force
as he considers to be needed by the Civil Air Patrol to carry out its
mission;
(3) furnish such quantities of fuel and lubricants to the Civil Air
Patrol as are needed by it to carry out any mission assigned to it by
the Air Force, including unit capability testing missions and training
missions;
(4) establish, maintain, and supply liaison offices of the Air Force
at the National, State, and Territorial headquarters, and at not more
than eight regional headquarters, of the Civil Air Patrol;
(5) detail or assign any member of the Air Force or any officer or
employee of the Department of the Air Force to any liaison office at the
National, State, or Territorial headquarters, and at not more than eight
regional headquarters, of the Civil Air Patrol;
(6) detail any member of the Air Force or any officer or employee of
the Department of the Air Force to any unit or installation of the Civil
Air Patrol to assist in the training program of the Civil Air Patrol;
(7) in time of war, or of national emergency declared after May 27,
1954, by Congress or the President, authorize the payment of travel
expenses and allowances, in accordance with subchapter I of chapter 57
of title 5, to members of the Civil Air Patrol while carrying out any
mission specifically assigned by the Air Force;
(8) authorize the payment of aircraft maintenance expenses relating
to operational missions, unit capability testing missions, and training
missions;
(9) authorize the payment of expenses of placing into serviceable
condition major items of equipment (including aircraft, motor vehicles,
and communications equipment) owned by the Civil Air Patrol;
(10) reimburse the Civil Air Patrol for costs incurred for the
purchase of such major items of equipment as the Secretary considers
needed by the Civil Air Patrol to carry out its missions; and
(11) furnish articles of the Air Force uniform to Civil Air Patrol
cadets without cost to such cadets.
(c) The Secretary may use the services of the Civil Air Patrol in
fulfilling the noncombat mission of the Department of the Air Force, and
for purposes of determining the civil liability of the Civil Air Patrol
(or any member thereof) with respect to any act or omission committed by
the Civil Air Patrol (or any member thereof) in fulfilling such mission,
the Civil Air Patrol shall be deemed to be an instrumentality of the
United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 572; Sept. 8, 1980, Pub. L.
96-342, title X, 1007(a), (b)(1), 94 Stat. 1121, 1122; Dec. 12, 1980,
Pub. L 96-513, title V, 514(12), 94 Stat. 2935; Oct. 19, 1984, Pub. L.
98-525, title XV, 1533(a), 98 Stat. 2632; Nov. 8, 1985, Pub. L.
99-145, title XIII, 1303(a)(28), title XIV, 1458(a), 99 Stat. 740,
763; Nov. 14, 1986, Pub. L. 99-661, div. A, title XIII, 1365(a), 100
Stat. 4002.)
In subsection (a), the words ''established as'' are omitted as
executed.
In subsection (b), the words ''Materials'', ''other equipment'', and
''and equip'' are omitted as covered by the definition of the word
''supplies'' in section 101(26) of this title. The words ''as he
considers to be needed'' are substituted for the words ''as in the
opinion of the Secretary of the Air Force are required''. The words
''any member of the Air Force or any employee of the Department of the
Air Force'' are substituted for the words ''military and civilian
personnel of the Air Force''. The words ''from available stock'' and
''the requirements of'' are omitted as surplusage.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (b)(1), is act June 30, 1949, ch. 288,
63 Stat. 377, as amended. Provisions of the act related to management
and disposal of Government property are classified to chapter 10 ( 471
et seq.) of Title 40, Public Buildings, Property, and Works. For
complete classification of this Act to the Code, see Short Title note
set out under section 471 of Title 40 and Tables.
1986 -- Subsec. (b)(9). Pub. L. 99-661 substituted ''major items of
equipment (including aircraft, motor vehicles, and communications
equipment) owned by the Civil Air Patrol'' for ''a major item of
equipment furnished to the Civil Air Patrol under clause (1)''.
1985 -- Subsec. (b)(8). Pub. L. 99-145, 1303(a)(28), struck out
''and'' after ''missions;''.
Subsec. (b)(10). Pub. L. 99-145, 1458(a), substituted ''reimburse
the Civil Air Patrol for costs incurred for the purchase'' for
''authorize the purchase with funds appropriated to the Air Force''.
1984 -- Subsec. (b)(9) to (11). Pub. L. 98-525 added cls. (9) to
(11).
1980 -- Subsec. (b). Pub. L. 96-513 substituted ''section 2 of the
Act of July 1, 1946 (36 U.S.C. 202)'' for ''section 202 of title 36'',
and in cl. (7) substituted ''subchapter I of chapter 57 of title 5''
for ''the Travel Expense Act of 1949 (5 U.S.C. 835 et seq.)''.
Pub. L. 96-342, 1007(a), in cl. (3) inserted provision respecting
unit capability testing missions and training missions, and added cl.
(8).
Subsec. (c). Pub. L. 96-342, 1007(b)(1), inserted provisions setting
forth status for purposes of civil liability with respect to fulfilling
any noncombat mission.
Section 1365(b) of Pub. L. 99-661 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with respect
to funds appropriated for fiscal years after fiscal year 1986.''
Section 1458(b) of Pub. L. 99-145 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on
October 1, 1985.''
Section 1533(c) of Pub. L. 98-525 provided that: ''The amendments
made by this section (enacting section 9442 of this title and amending
this section) shall take effect on October 1, 1984.''
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 1007(b)(2) of Pub. L. 96-342 provided that: ''The amendment
made by paragraph (1) (amending this section) shall be effective with
respect to services of the Civil Air Patrol provided to the Department
of the Air Force before the date of the enactment of this Act (Sept. 8,
1980) as well as to such services provided on or after such date, but
such amendment shall not be construed (A) to revive any cause of action
barred by an applicable statute of limitation, or (B) to serve as
grounds for the reopening or appeal of any case which became final
before the date of the enactment of this Act.''
Activities; Reports to Congressional Committees
Pub. L. 100-690, title VII, 7606, Nov. 18, 1988, 102 Stat. 4511,
provided that:
''(a) Regulations. -- Within 45 days, the Secretary of the Air Force
shall issue such regulations as are necessary to ensure that the Civil
Air Patrol has an integral role in drug interdiction and eradication
activities.
''(b) Reports. -- The Secretary of the Air Force shall submit to the
Committees on Appropriations and the Committee on Armed Services of the
Senate and the House of Representatives, quarterly reports which include
a detailed description of the activities of the Civil Air Patrol in
support of the Federal, State, and local government agencies' drug
interdiction and eradication programs. The first report shall be
submitted on the last day of the first quarter ending not less than 150
days after the date of the enactment (Nov. 18, 1988).''
Pub. L. 99-570, title III, 3059, Oct. 27, 1986, 100 Stat. 3207-79,
provided that:
''(a) Sense of Congress. -- It is the sense of Congress that --
''(1) the Civil Air Patrol, the all-volunteer civilian auxiliary of
the Air force, can increase its participation in and make significant
contributions to the drug interdiction efforts of the Federal
Government, and
''(2) the Secretary of the Air Force should fully support that
participation.
''(b) Authorization. -- In addition to any other amounts appropriated
for the Civil Air Patrol for fiscal year 1987, there are authorized to
be appropriated for the Civil Air Patrol, out of any unobligated and
uncommitted balances of appropriations for the Department of Defense for
fiscal year 1986 which are carried forward into fiscal year 1987,
$7,000,000 for the acquisition of the major items of equipment needed by
the Civil Air Patrol for drug interdiction surveillance and reporting
missions.
''(c) Reports. -- (1) The Secretary of the Air Force shall submit to
the Committees on Appropriations and on Armed Services of the Senate and
the House of Representatives quarterly reports which contain the
following information:
''(A) A description of the manner in which any funds are used under
subsection (b).
''(B) A detailed description of the activities of the Civil Air
Patrol in support of the Federal Government's drug interdiction program.
''(2) The first report under paragraph (1) shall be submitted on the
last day of the first quarter ending not less than 90 days after the
date of the enactment of this Act (Oct. 27, 1986).''
Military or veteran status not conferred by this section, see section
8150 of Title 5, Government Organization and Employees.
10 USC 9442. Assistance by other agencies
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may arrange for the use by the Civil
Air Patrol of such facilities and services under the jurisdiction of the
Secretary of the Army, the Secretary of the Navy, or the head of any
other department or agency of the United States as the Secretary of the
Air Force considers to be needed by the Civil Air Patrol to carry out
its mission. Any such arrangement shall be made under regulations
prescribed by the Secretary of the Air Force with the approval of the
Secretary of Defense and shall be subject to the agreement of the other
military department or other department or agency of the United States
furnishing the facilities or services.
(Added Pub. L. 98-525, title XV, 1533(b)(1), Oct. 19, 1984, 98 Stat.
2632.)
Section effective Oct. 1, 1984, see section 1533(c) of Pub. L.
98-525, set out as an Effective Date of 1984 Amendment note under
section 9441 of this title.
10 USC PART IV -- SERVICE, SUPPLY, AND PROCUREMENT
TITLE 10 -- ARMED FORCES
Chap. Sec.
931.
Industrial Mobilization, Research, and Development 9501
933.
Procurement 9531
935.
Issue of Serviceable Material to Armed Forces 9561
937.
Utilities and Services 9591
939.
Sale of Serviceable Material 9621
941.
Issue of Serviceable Material other than to Armed Forces 9651
943.
Disposal of Obsolete or Surplus Material 9681
945.
Inquests; Disposition of Effects of Deceased Persons 9711
947.
Transportation 9741
949.
Real Property 9771
951.
Military Claims 9801
953.
Accountability and Responsibility 9831
Service, supply, and procurement, general military law provisions,
see section 2202 et seq. of this title.
10 USC CHAPTER 931 -- INDUSTRIAL MOBILIZATION, RESEARCH, AND DEVELOPMENT
TITLE 10 -- ARMED FORCES
Subchapter Sec.
I.
General 9501
II.
Civil Reserve Air Fleet 9511
10 USC SUBCHAPTER I -- GENERAL
TITLE 10 -- ARMED FORCES
Sec.
9501. Industrial mobilization: orders; priorities; possession of
manufacturing plants; violations.
9502. Industrial mobilization: plants; lists; Board on
Mobilization of Industries Essential for Military Preparedness.
9503. Research and development programs.
9504. Procurement for experimental purposes.
9505. Procurement of production equipment.
9506. Sale, loan, or gift of samples, drawings, and information to
contractors.
9507. Sale of ordnance and ordnance stores to designers.
1981 -- Pub. L. 97-86, title IX, 915(1), Dec. 1, 1981, 95 Stat.
1125, added analysis of subchapters and subchapter heading ''SUBCHAPTER
I -- GENERAL'' immediately following chapter heading.
General military law provisions respecting research and development,
see section 2352 et seq. of this title.
10 USC 9501. Industrial mobilization: orders; priorities;
possession of manufacturing plants; violations
TITLE 10 -- ARMED FORCES
(a) In time of war or when war is imminent, the President, through
the head of any department, may order from any person or organized
manufacturing industry necessary products or materials of the type
usually produced or capable of being produced by that person or
industry.
(b) A person or industry with whom an order is placed under
subsection (a), or the responsible head thereof, shall comply with that
order and give it precedence over all orders not placed under that
subsection.
(c) In time of war or when war is imminent, the President, through
the head of any department, may take immediate possession of any plant
that is equipped to manufacture, or that in the opinion of the Secretary
of the Air Force is capable of being readily transformed into a plant
for manufacturing, arms or ammunition, parts thereof, or necessary
supplies for the Air Force, if the person or industry owning or
operating the plant, or the responsible head thereof, refuses --
(1) to give precedence to the order as prescribed in subsection (b);
(2) to manufacture the kind, quantity, or quality of arms or
ammunition, parts thereof, or necessary supplies as ordered by the
Secretary; or
(3) to furnish them at a reasonable price as determined by the
Secretary.
(d) The President, through the Secretary, may manufacture products
that are needed in time of war or when war is imminent, in any plant
that is seized under subsection (c).
(e) Each person or industry from whom products or materials are
ordered under subsection (a) is entitled to a fair and just
compensation. Each person or industry whose plant is seized under
subsection (c) is entitled to a fair and just rental.
(f) Whoever fails to comply with this section shall be imprisoned for
not more than three years and fined not more than $50,000.
(Aug. 10, 1956, ch. 1041, 70A Stat. 573.)
In subsections (a), (b), and (e), the word ''person'' is substituted
for the words ''individual, firm, association, company, corporation'',
since the word ''person'', as defined in section 1 of title 1, covers
all of the enumerated entities.
In subsections (a) and (c), the words ''in addition to the present
authorized methods of purchase or procurement'' are omitted as
surplusage.
In subsection (b), the words ''shall comply'' are substituted for the
words ''Compliance * * * shall be obligatory''.
In subsection (c), the words ''and in either such case'' and ''or
equipment'' are omitted as surplusage. Clause (1) is substituted for
the words ''give to the United States such preference in the matter of
the execution of orders''.
In subsection (d), the words ''the Secretary'' are substituted for
the words ''the Ordnance Corps'', since the functions which, for the
Army, are by statute assigned to subordinate organizations of the Army,
are, for the Air Force, assigned to the Secretary.
Subsection (f) is restated to conform to the terminology of similar
provisions of title 18.
For delegation of President's authority under this section with
respect to placing of orders for necessary products or materials, see
section 103 of Ex. Ord. No. 12742, Jan. 8, 1991, 56 F.R. 1079, set out
as a note under section 4501 of this title.
War contracts, penalties, see section 443 of Title 18, Crimes and
Criminal Procedure.
10 USC 9502. Industrial mobilization: plants; lists; Board on
Mobilization of Industries Essential for Military Preparedness
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force shall maintain a list of all
privately owned plants in the United States, and the Territories,
Commonwealths, and possessions, that are equipped to manufacture for the
Air Force arms or ammunition, or parts thereof, and shall obtain
complete information of the kinds of those products manufactured or
capable of being manufactured by each of those plants, and of the
equipment and capacity of each of those plants.
(b) The Secretary shall maintain a list of privately owned plants in
the United States, and the Territories, Commonwealths, and possessions,
that are capable of being readily transformed into factories for the
manufacture of ammunition for the Air Force, and that have a capacity
sufficient to warrant conversion into ammunition plants in time of war
or when war is imminent, and shall obtain complete information as to the
equipment of each of those plants.
(c) The Secretary shall prepare comprehensive plans for converting
each plant listed pursuant to subsection (b) into a factory for the
manufacture of ammunition or parts thereof.
(d) The President may appoint a nonpartisan Board on Mobilization of
Industries Essential for Military Preparedness, and may provide
necessary clerical assistance to organize and coordinate operations
under this section and section 9501 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 574.)
In subsection (a), the words ''the component'' are omitted as
surplusage. The word ''maintain'' is substituted for the words ''make,
or cause to be made''. The word ''Commonwealths'' is inserted to
reflect the present status of Puerto Rico. The words ''for the Air
Force'' are inserted for clarity, since, under section 213 of the
National Security Act of 1947, as amended by section 1(a) (as applicable
to Munitions Board) of 1953 Reorganization Plan No. 6, effective June
30, 1953, 67 Stat. 638, overall responsibility for the function covered
by the revised section is vested in the Secretary of Defense.
In subsection (b), the word ''maintain'' is substituted for the words
''also prepare, or cause to be prepared''. The words ''and the
Territories, Commonwealths, and possessions'' and ''for the manufacture
of ammunition for the Air Force'' are inserted for clarity.
In subsection (c), the words ''as in the opinion of the Secretary of
the Army such plant is best adapted'' are omitted as surplusage.
In subsection (d), the last 11 words are substituted for the words
''the work hereinbefore described''.
10 USC 9503. Research and development programs
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may conduct and participate in
research and development programs relating to the Air Force, and may
procure or contract for the use of facilities, supplies, and services
that are needed for those programs. This section does not authorize the
design or development of any prototype aircraft intended primarily for
commercial use.
(Aug. 10, 1956, ch. 1041, 70A Stat. 574.)
The words ''engage'', ''activities'', ''equipment'', ''as may be'',
and ''to effectuate'', in 5:628a, are omitted as surplusage. The words
''in this chapter, section 481 of this title'', in 10:20a, are omitted,
since nothing contained in those references pertains to the rule stated
in 10:20a. The last sentence is substituted for 10:20a.
Pub. L. 89-188, title VI, 609, Sept. 16, 1965, 79 Stat. 818, which
provided that every contract between the Secretary of the Air Force and
the Aerospace Corporation shall prohibit the construction of any
facility or the acquisition of any real property by the Aerospace
Corporation unless such construction or acquisition has first been
authorized to the Air Force by the Congress, was repealed by Pub. L.
97-99, title IX, 909, Dec. 23, 1981, 95 Stat. 1386.
General military law provisions, see section 2352 et seq. of this
title.
10 USC 9504. Procurement for experimental purposes
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may buy ordnance, signal, and chemical
warfare supplies, including parts and accessories, and designs thereof,
that he considers necessary for experimental or test purposes in the
development of the best supplies that are needed for the national
defense. Purchases under this section may be made inside or outside the
United States, with or without competitive bidding, and by contract or
otherwise. Chapter 137 of this title applies when such purchases are
made in quantity.
(Aug. 10, 1956, ch. 1041, 70A Stat. 575.)
The words ''competitive bidding'' are substituted for the word
''competition''. The words ''at his discretion'' and ''equipment'' are
omitted as surplusage. 50:96 (last sentence) is omitted as superseded
by chapter 137 of this title. Therefore, the last sentence of the
revised section, which refers to that chapter, is inserted.
10 USC 9505. Procurement of production equipment
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may make or procure gauges, dies,
jigs, tools, fixtures, and other special aids and appliances, and
specifications and drawings, necessary for the immediate manufacture of
arms, ammunition, or special equipment that are necessary to equip the
Air Force and are likely to be needed in time of war. Whenever he
considers it in the best interest of the United States, the Secretary
may procure any of those items without regard to laws prescribing
competition in the procurement of supplies.
(Aug. 10, 1956, ch. 1041, 70A Stat. 575.)
The words ''Air Force'' are substituted for the words ''land
forces''. The words ''make or procure'' are substituted for the words
''prepare or cause to be prepared, to purchase or otherwise procure''.
The last sentence is substituted for 50:78 (proviso). The words ''by the
Government and by private manufacturers'' are omitted as surplusage.
10 USC 9506. Sale, loan, or gift of samples, drawings, and information
to contractors
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force, under regulations to be prescribed by
him, may sell, lend, or give such samples, drawings, and manufacturing
or other information as he considers best for the national defense --
(1) to any contractor for Air Force supplies under approved
production plans; and
(2) to any person likely to manufacture or supply Air Force supplies
under such plans.
(Aug. 10, 1956, ch. 1041, 70A Stat. 575.)
Clause (1) is substituted for the words ''contractors * * * which are
* * * manufacturers or furnishers of supplies and equipment for the use
of the Department of the Army or of the Army''. Clause (2) is
substituted for the words ''private firms which * * * may likely be
manufacturers or furnishers of supplies and equipment for the use of the
Department of the Army or of the Army''. The words ''in his
discretion'', ''rules'', and ''and limitations'' are omitted as
surplusage. The word ''equipment'' is omitted as covered by the word
''supplies'', as defined in section 101(26) of this title.
10 USC 9507. Sale of ordnance and ordnance stores to designers
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may sell to designers who are
nationals of the United States serviceable ordnance and ordnance stores
necessary in the development of designs for the armed forces.
(Aug. 10, 1956, ch. 1041, 70A Stat. 575.)
The words ''designers who are nationals of the United States'' are
substituted for the words ''American designers''. The first sentence of
cited portion of the source statute is not contained in 50:65. It is
also omitted from the revised section as impliedly repealed by the
Permanent Appropriation Repeal Act, 1934, 4(b)(10), 48 Stat. 1227 (31
U.S.C. 725c(b)(10)). 50:65 (proviso) is omitted as surplusage. The
words ''armed forces'' are substituted for the words ''military
service''.
10 USC SUBCHAPTER II -- CIVIL RESERVE AIR FLEET
TITLE 10 -- ARMED FORCES
Sec.
9511. Definitions.
9512. Contracts for the inclusion or incorporation of defense
features.
9513. Commitment of aircraft to the Civil Reserve Air Fleet.
1989 -- Pub. L. 101-189, div. A, title XVI, 1636(c)(2), Nov. 29,
1989, 103 Stat. 1610, which directed amendment of table of sections at
beginning of this chapter was executed to table of sections at beginning
of this subchapter to reflect probable intent of Congress by
substituting ''Contracts for the inclusion or incorporation of defense
features'' for ''Contracts to modify aircraft: cargo-convertible
features'' in item 9512 and ''Commitment'' for ''Contracts to modify
aircraft: commitment'' in item 9513.
1981 -- Pub. L. 97-86, title IX, 915(2), Dec. 1, 1981, 95 Stat.
1125, added the subchapter heading ''SUBCHAPTER II -- CIVIL RESERVE AIR
FLEET'' and the analysis of sections consisting of items 9511, 9512, and
9513.
10 USC 9511. Definitions
TITLE 10 -- ARMED FORCES
In this subchapter:
(1) The terms ''aircraft'', ''citizen of the United States'',
''person'', and ''public aircraft'' have the meaning given those terms
by section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301).
(2) The term ''passenger-cargo combined aircraft'' means a civil
aircraft equipped so that its main deck can be used to carry both
passengers and property (including mail) simultaneously.
(3) The term ''cargo-capable aircraft'' means a civil aircraft
equipped so that all or substantially all of the aircraft's capacity can
be used for the carriage of property or mail.
(4) The term ''passenger aircraft'' means a civil aircraft equipped
so that its main deck can be used for the carriage of individuals and
cannot be used principally, without major modification, for the carriage
of property or mail.
(5) The term ''cargo-convertible aircraft'' means a passenger
aircraft equipped or designed so that all or substantially all of the
main deck of the aircraft can be readily converted for the carriage of
property or mail.
(6) The term ''civil aircraft'' means an aircraft other than a public
aircraft.
(7) The term ''Civil Reserve Air Fleet'' means those aircraft
allocated, or identified for allocation, to the Department of Defense
under section 101 of the Defense Production Act of 1950 (50 U.S.C. App.
2071), or made available (or agreed to be made available) for use by the
Department of Defense under a contract made under this title, as part of
the program developed by the Department of Defense through which the
Department of Defense augments its airlift capability by use of civil
aircraft.
(8) The term ''contractor'' means a citizen of the United States (A)
who owns or controls, or who will own or control, a new or existing
aircraft and who contracts with the Secretary to modify that aircraft by
including or incorporating specified defense features in that aircraft
and to commit that aircraft to the Civil Reserve Air Fleet, or (B) who
subsequently obtains ownership or control of a civil aircraft covered by
such a contract and assumes all existing obligations under that
contract.
(9) The term ''existing aircraft'' means a civil aircraft other than
a new aircraft.
(10) The term ''new aircraft'' means a civil aircraft that a
manufacturer has not begun to assemble before the aircraft is covered by
a contract under section 9512 of this title.
(11) The term ''Secretary'' means the Secretary of the Air Force.
(12) The term ''defense feature'' means equipment or design features
included or incorporated in a civil aircraft which ensures the
interoperability of such aircraft with the Department of Defense airlift
system. Such term includes any equipment or design feature which
enables such aircraft to be readily modified for use as a
cargo-convertible, cargo-capable, or passenger-cargo combined aircraft.
(Added Pub. L. 97-86, title IX, 915(2), Dec. 1, 1981, 95 Stat.
1125; amended Pub. L. 100-180, div. A, title XII, 1231(17), Dec. 4,
1987, 101 Stat. 1161; Pub. L. 100-456, div. A, title XII, 1233(k)(2),
Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101-189, div. A, title XVI,
1636(a), Nov. 29, 1989, 103 Stat. 1609.)
1989 -- Par. (2). Pub. L. 101-189, 1636(a)(1), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''The term
'cargo air service' means the carriage of property or mail on the main
deck of a civil aircraft.''
Par. (5). Pub. L. 101-189, 1636(a)(2), amended par. (5) generally.
Prior to amendment, par. (5) read as follows: ''The term
'cargo-convertible feature' means equipment or design features included
or incorporated in a passenger aircraft that can readily enable all or
substantially all of that aircraft's main deck to be used for the
carriage of property or mail.''
Par. (8)(A). Pub. L. 101-189, 1636(a)(3), substituted ''a new or
existing aircraft and who contracts with the Secretary to modify that
aircraft by including or incorporating specified defense features'' for
''a civil aircraft and who contracts with the Secretary of the Air Force
to modify that aircraft by including or incorporating cargo-convertible
features suitable for defense purposes''.
Par. (12). Pub. L. 101-189, 1636(a)(4), added par. (12).
1988 -- Par. (1). Pub. L. 100-456 substituted ''The terms'' for
''The term''.
1987 -- Pars. (1) to (11). Pub. L. 100-180 inserted ''The term''
after each par. designation, and revised first word in quotes in pars.
(1) to (6) and (8) to (10) to make initial letter of each word
lowercase.
10 USC 9512. Contracts for the inclusion or incorporation of defense
features
TITLE 10 -- ARMED FORCES
(a) Subject to the provisions of chapter 137 of this title, and to
the extent that funds are otherwise available for obligation, the
Secretary --
(1) may contract with any citizen of the United States for the
inclusion or incorporation of defense features in any new or existing
aircraft to be owned or controlled by that citizen; and
(2) may contract with United States aircraft manufacturers for the
inclusion or incorporation of defense features in new aircraft to be
operated by a United States air carrier.
(b) Each contract entered into under subsection (a) shall include the
terms required by section 9513 of this title and a provision that
requires the contractor to repay to the United States a percentage (to
be established in the contract) of any amount paid by the United States
to the contractor under the contract with respect to any aircraft if --
(1) the aircraft is destroyed or becomes unusable, as defined in the
contract;
(2) the defense features specified in the contract are rendered
unusable or are removed from the aircraft;
(3) control over the aircraft is transferred to any person that is
unable or unwilling to assume the contractor's obligations under the
contract; or
(4) the registration of the aircraft under section 501 of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1401) is terminated for any reason
not beyond the control of the contractor.
(c)(1) A contract under subsection (a) for the inclusion or
incorporation of defense features in an aircraft may include a provision
authorizing the Secretary --
(A) to contract, with the concurrence of the contractor, directly
with another person for the performance of the work necessary for the
inclusion or incorporation of defense features in such aircraft; and
(B) to pay such other person directly for such work.
(2) A contract entered into pursuant to paragraph (1) may include
such specifications for work and equipment as the Secretary considers
necessary to meet the needs of the United States.
(Added Pub. L. 97-86, title IX, 915(2), Dec. 1, 1981, 95 Stat.
1126; amended Pub. L. 98-525, title XIV, 1405(57), Oct. 19, 1984, 98
Stat. 2626; Pub. L. 101-189, div. A, title XVI, 1636(b), Nov. 29,
1989, 103 Stat. 1609.)
1989 -- Pub. L. 101-189 substituted ''Contracts for the inclusion or
incorporation of defense features'' for ''Contracts to modify aircraft:
cargo-convertible features'' as section catchline and amended text
generally, substituting subsecs. (a) to (c) for former subsecs. (a) to
(e).
1984 -- Subsec. (b)(1). Pub. L. 98-525 substituted ''App. 1401''
for ''1401''.
10 USC 9513. Commitment of aircraft to the Civil Reserve Air Fleet
TITLE 10 -- ARMED FORCES
(a) Each contract under section 9512 of this title shall provide --
(1) that any aircraft covered by the contract shall be committed to
the Civil Reserve Air Fleet;
(2) that, so long as the aircraft is owned or controlled by a
contractor, the contractor shall operate the aircraft for the Department
of Defense as needed during any activation of the full Civil Reserve Air
Fleet, notwithstanding any other contract or commitment of that
contractor; and
(3) that the contractor operating the aircraft for the Department of
Defense shall be paid for that operation at fair and reasonable rates.
(b) Notwithstanding section 101 of the Defense Production Act of 1950
(50 U.S.C. App. 2071), each aircraft covered by a contract under section
9512 of this title shall be committed exclusively to the Civil Reserve
Air Fleet for use by the Department of Defense as needed during any
activation of the full Civil Reserve Air Fleet unless the aircraft is
released from that use by the Secretary of Defense.
(Added Pub. L. 97-86, title IX, 915(2), Dec. 1, 1981, 95 Stat.
1128; amended Pub. L. 101-189, div. A, title XVI, 1636(c)(1), Nov.
29, 1989, 103 Stat. 1610.)
1989 -- Pub. L. 101-189 substituted ''Commitment'' for ''Contracts
to modify aircraft: commitment'' in section catchline.
10 USC CHAPTER 933 -- PROCUREMENT
TITLE 10 -- ARMED FORCES
Sec.
9531. Authorization.
9532. Factories, arsenals, and depots: manufacture at.
9534. Subsistence supplies: contract stipulations; place of
delivery on inspection.
9535. Exceptional subsistence supplies: purchases without
advertising.
9536. Equipment: bakeries, schools, kitchens, and mess halls.
9537. Military surveys and maps: assistance of United States
mapping agencies.
9538. Unserviceable ammunition: exchange and reclamation.
9540. Architectural and engineering services.
9541. Gratuitous services of officers of the Air Force Reserve.
1982 -- Pub. L. 97-258, 2(b)(13)(A), Sept. 13, 1982, 96 Stat.
1058, added item 9541.
Miscellaneous procurement provisions, general military law, see
section 2381 et seq. of this title.
Property records, see section 2721 of this title.
10 USC 9531. Authorization
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may procure --
(1) the aircraft or airframe tons authorized by section 8062 of this
title;
(2) aircraft to replace those which he determines to be unserviceable
or obsolete;
(3) guided missiles; and
(4) equipment and facilities necessary for the maintenance and
operation of the Air Force, including spare equipment, material, and
parts.
This section does not authorize the design or development of any
prototype aircraft intended primarily for commercial use.
(Aug. 10, 1956, ch. 1041, 70A Stat. 575.)
The words ''including spare equipment, material, and parts'' are
substituted for the words ''spares, spare parts''. The words ''the
number of'' are omitted as surplusage. The words ''in this chapter,
section 481 of this title'', in 10:20a, are omitted, since nothing in
those references pertains to the rule stated in 10:20a. The last
sentence is substituted for 10:20a.
10 USC 9532. Factories, arsenals, and depots: manufacture at
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may have supplies needed for the
Department of the Air Force made in factories, arsenals, or depots owned
by the United States, so far as those factories, arsenals, or depots can
make those supplies on an economical basis.
(Aug. 10, 1956, ch. 1041, 70A Stat. 576.)
The word ''made'' is substituted for the words ''manufactured or
produced''. The words ''United States'' are substituted for the word
''Government''.
10 USC 9534. Subsistence supplies: contract stipulations; place of
delivery on inspection
TITLE 10 -- ARMED FORCES
Each contract for subsistence supplies for the Air Force that is made
on public notice must provide for complete delivery, on inspection, at a
specified place.
(Aug. 10, 1956, ch. 1041, 70A Stat. 576.)
The words ''by the branch, office, or officers of the Army the
Secretary of the Army may from time to time designate'' are omitted as
inapplicable to the Air Force. The words ''a specified place'' are
substituted for the words ''such places as shall be stipulated''.
10 USC 9535. Exceptional subsistence supplies: purchases without
advertising
TITLE 10 -- ARMED FORCES
Exceptional articles of subsistence supplies that are for members of
the Air Force, and for which they are to pay regardless of condition
upon arrival, may, under regulations to be prescribed by the Secretary
of the Air Force, be bought on the open market without advertising.
(Aug. 10, 1956, ch. 1041, 70A Stat. 576.)
The word ''supplies'' is substituted for the word ''stores''. The
word ''members'' is substituted for the words ''officers and enlisted
men''.
10 USC 9536. Equipment: bakeries, schools, kitchens, and mess halls
TITLE 10 -- ARMED FORCES
Money necessary for the following items for the use of enlisted
members of the Air Force may be spent from appropriations for regular
supplies:
(1) Equipment for air base bakeries.
(2) Furniture, textbooks, paper, and equipment for air base schools.
(3) Tableware and mess furniture for kitchens and mess halls.
(Aug. 10, 1956, ch. 1041, 70A Stat. 576.)
The words ''Money necessary * * * may be spent'' are substituted for
the words ''There may be expended * * * the amounts required''. The
word ''bakeries'' is substituted for the words ''bake house to carry on
post bakeries''. The words ''each and all'' are omitted as surplusage.
10 USC 9537. Military surveys and maps: assistance of United States
mapping agencies
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may obtain the assistance of the
United States Geological Survey, the National Oceanic and Atmospheric
Administration, and other mapping agencies of the United States in --
(1) making topographic and other surveys;
(2) obtaining extra topographic data;
(3) making maps needed for military purposes;
(4) research and development of surveying by aerial photography; and
(5) developing methods of field reproduction.
(Aug. 10, 1956, ch. 1041, 70A Stat. 576; Nov. 2, 1966, Pub. L.
89-718, 8(a), 80 Stat. 1117; Dec. 12, 1980, Pub. L. 96-513, title V,
514(13), 94 Stat. 2936.)
The words ''United States'' are substituted for the word
''Government''. In clause (3), the word ''making'' is substituted for
the words ''preparation and printing of''. In clause (5), the words
''developing methods of'' are substituted for the word ''methods''.
1980 -- Pub. L. 96-513 substituted ''National Oceanic and
Atmospheric Administration'' for ''Environmental Science Services
Administration''.
1966 -- Pub. L. 89-718 substituted ''Environmental Science Services
Administration'' for ''Coast and Geodetic Survey''.
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.
The directory language of, but not the amendment made by, Pub. L.
89-718, 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this
section, was repealed by Pub. L. 97-295, 6(b), Oct. 12, 1982, 96
Stat. 1314.
Geological Survey, see section 31 et seq. of Title 43, Public Lands.
10 USC 9538. Unserviceable ammunition: exchange and reclamation
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force may, by contract or otherwise,
reclaim deteriorated and unserviceable ammunition and components, not
suitable for exchange, by conversion to usable form as complete rounds
or serviceable components, and pay all or part of the costs thereof
through the exchange of deteriorated and unserviceable components.
(b) Subject to applicable regulations under section 205 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
486), the Secretary may exchange deteriorated and unserviceable
ammunition and components thereof for serviceable ammunition or
components.
(Aug. 10, 1956, ch. 1041, 70A Stat. 576; Dec. 12, 1980, Pub. L.
96-513, title V, 514(14), 94 Stat. 2936.)
In subsection (a), the words ''by conversion'' are substituted for
the words ''by reworking * * * converting''. The words ''not suitable
for exchange'' are substituted for the words ''as it may not be
advisable to have exchanged''. The words ''under section 1209 of this
title'' and ''not desired to retain'' are omitted as surplusage.
In subsection (b), the word ''serviceable'' is substituted for the
words ''in condition for immediate use''.
1980 -- Subsec. (b). Pub. L. 96-513 substituted ''section 205 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' for ''section 486 of title 40''.
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 9540. Architectural and engineering services
TITLE 10 -- ARMED FORCES
(a) Whenever he considers that it is advantageous to the national
defense and that existing facilities of the Department of the Air Force
are inadequate, the Secretary of the Air Force may, by contract or
otherwise, employ the architectural or engineering services of any
person outside that Department for producing and delivering designs,
plans, drawings, and specifications needed for any public works or
utilities project of the Department.
(b) The fee for any service under this section may not be more than 6
percent of the estimated cost, as determined by the Secretary, of the
project to which it applies.
(c) Sections 305, 3324, and 7204, chapter 51, and subchapters III,
IV, and VI of chapter 53 of title 5 do not apply to employment under
this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 577; Nov. 2, 1966, Pub. L.
89-718, 28, 80 Stat. 1119; Oct. 13, 1978, Pub. L. 95-454, title VII,
703(c)(3), title VIII, 801(a)(3)(I), 92 Stat. 1217, 1222; Dec. 12,
1980, Pub. L. 96-513, title V, 514(15), 94 Stat. 2936.)
In subsection (a), the words ''and providing that in the opinion''
are omitted as covered by the words ''whenever he considers''. The
words ''needed for'' are substituted for the words ''required for the
accomplishment of''.
In subsection (c), reference is made in substance to the
Classification Act of 1949, instead of the Classification Act of 1923
referred to in the source statute, since section 1106(a) of the
Classification Act of 1949, 63 Stat. 972, provides that all references
in other acts to the Classification Act of 1923 should be considered to
refer to the Classification Act of 1949.
1980 -- Subsec. (c). Pub. L. 96-513 substituted ''and 7204, chapter
51, and subchapters III, IV, and VI of chapter 53 of title 5'' for
''5101-5115, 5331-5338, 5341, 5342, and 7204 of title 5 and subchapter
VI of chapter 53 of such title 5''.
1978 -- Subsec. (c). Pub. L. 95-454, 801(a)(3)(I), inserted
reference to subchapter VI of chapter 53 of title 5.
Pub. L. 95-454, 703(c)(3), substituted ''7204'' for ''7154''.
1966 -- Subsec. (c). Pub. L. 89-718 substituted ''Sections 305,
3324, 5101-5115, 5331-5338, 5341, 5342, and 7154 of title 5'' for
''Sections 1071-1153 of title 5''.
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 section 703(c)(3) of Pub. L. 95-454 effective 90 days
after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a
note under section 1101 of Title 5, Government Organization and
Employees.
Amendment by section 801(a)(3)(I) of Pub. L. 95-454 effective on
first day of first applicable pay period beginning on or after 90th day
after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95-454, set out
as an Effective Date note under section 5361 of Title 5.
10 USC 9541. Gratuitous services of officers of the Air Force Reserve
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may accept the gratuitous services of
officers of the Air Force Reserve in enrolling, organizing, and training
members of the Air Force Reserve or the Reserve Officers' Training
Corps, or in consulting on matters related to the armed forces.
(Added Pub. L. 97-258, 2(b)(13)(B), Sept. 13, 1982, 96 Stat. 1058.)
The words ''Secretary of the Air Force'' are substituted for
''Secretary of War'' because of sections 205(a) and 207(a) and (f) of
the Act of July 26, 1947 (ch. 343, 61 Stat. 501, 502), and sections 1
and 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 488, 676).
For comparable provisions that apply to the Army, see the revision note
for 10:4541.
10 USC CHAPTER 935 -- ISSUE OF SERVICEABLE MATERIAL TO ARMED FORCES
TITLE 10 -- ARMED FORCES
Sec.
9561. Rations.
9562. Clothing.
9563. Clothing: replacement when destroyed to prevent contagion.
9564. Navy and Marine Corps: camp equipment and transportation;
when on shore duty with Air Force.
9565. Colors, standards, and guidons of demobilized organizations:
disposition.
Property records, see section 2721 of this title.
10 USC 9561. Rations
TITLE 10 -- ARMED FORCES
(a) The President may prescribe the components, and the quantities
thereof, of the Air Force ration. He may direct the issue of equivalent
articles in place of the prescribed components whenever, in his opinion,
economy and the health and comfort of the members of the Air Force so
require.
(b) An enlisted member of the Air Force on active duty is entitled to
one ration daily. The emergency ration, when issued, is in addition to
the regular ration.
(c) Fresh or preserved fruits, milk, butter, and eggs necessary for
the proper diet of the sick in hospitals shall be provided under
regulations approved by the Secretary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 577.)
In subsection (a), the words ''the components, and the quantities
thereof'' are substituted for the words ''the kinds and quantities of
the component articles''. The words ''substitutive'' and ''a due
regard'' are omitted as surplusage.
In subsection (b), the words ''on active duty'' are inserted for
clarity. The words ''under such regulations as may be prescribed by the
Secretary of the Army'', in 10:725, are omitted, since the Secretary has
inherent authority to issue regulations appropriate to exercising his
statutory functions. The words ''or reserve'', ''prescribed for use on
emergent occasions'', and ''furnished'', in 10:725, are omitted as
surplusage.
In subsection (c), the words ''as the Surgeon General'' are omitted,
since the Air Force does not have the statutory office of Surgeon
General, and functions which, for the Army, are assigned by statute to
subordinate officers of the Army are, for the Air Force, assigned to the
Secretary of the Air Force. The words ''Such quantities of'' and ''may
be allowed'' are omitted as surplusage.
Authority of President under subsec. (a) of this section to
prescribe uniform military ration applicable to Air Force delegated to
Secretary of Defense by section 3(a) 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.
10 USC 9562. Clothing
TITLE 10 -- ARMED FORCES
The President may prescribe the quantity and kind of clothing to be
issued annually to members of the Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 577.)
The words ''members of the Air Force'' are substituted for the words
''troops of the United States''.
Uniforms, general military law provisions, see section 771 et seq.
of this title.
10 USC 9563. Clothing: replacement when destroyed to prevent
contagion
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may order a gratuitous issue of
clothing to any enlisted member of the Air Force who has had a
contagious disease, and to any hospital attendant who attended him while
he had that disease, to replace clothing destroyed by order of a medical
officer to prevent contagion.
(Aug. 10, 1956, ch. 1041, 70A Stat. 577.)
The words ''enlisted member'' are substituted for the word
''soldiers''. The words ''any articles of their'' are omitted as
surplusage. The words ''while he had that disease'' are inserted for
clarity. The words ''a medical officer'' are substituted for the words
''proper medical officers''. The words ''on the recommendation of the
Surgeon General'' are omitted, since the Air Force does not have the
statutory office of Surgeon General, and functions which, for the Army,
are assigned by statute to subordinate officers of the Army are, for the
Air Force, assigned to the Secretary of the Air Force.
Uniforms, general military law provisions, see section 771 et seq.
of this title.
10 USC 9564. Navy and Marine Corps: camp equipment and
transportation; when on shore duty with Air Force
TITLE 10 -- ARMED FORCES
While any detachment of the Navy or Marine Corps is on shore duty in
cooperation with troops of the Air Force, the Secretary of the Air Force
shall, upon the requisition of the officer of the Navy or Marine Corps
in command of the detachment, issue rations and camp equipment, and
furnish transportation, to that detachment.
(Aug. 10, 1956, ch. 1041, 70A Stat. 578.)
The words ''While * * * on shore duty'' are substituted for the words
''under orders to act on shore'', in 10:1259d and 1259e, and 34:541. The
words ''the Secretary of the Air Force'' are substituted for the words
''the branch, office, or officers of the Army, the Secretary of the Army
may from time to time designate'', in 10:1259d and 1259e, and 34:541,
since the functions which, for the Army, are assigned by statute to
subordinate officers of the Army, are, for the Air Force, assigned to
the Secretary of the Air Force. The words ''during the time such
detachment is so acting or proceeding to act'', in 10:1259d and 1259e,
and 34:541, are omitted as surplusage. The words ''their baggage,
provisions, and cannon'', in 10:1259e and 34:541, are omitted as
surplusage. The words ''and shall furnish the naval officer commanding
any such detachment, and his necessary aides, with horses,
accouterments, and forage'', in 10:1259e and 34:541, are omitted as
obsolete.
10 USC 9565. Colors, standards, and guidons of demobilized
organizations: disposition
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force may dispose of colors, standards,
and guidons of demobilized organizations of the Air Force, as follows:
(1) Those brought into Federal service by the Air National Guard of a
State may be returned to that State upon the request of its governor.
(2) Those that cannot be returned under clause (1) may, upon the
request of its governor, be sent to the State that, as determined by the
Secretary, furnished the majority of members of the organization when it
was formed.
Those that cannot be returned or sent under clause (1) or (2) of this
subsection shall be delivered to the Secretary, for such national use as
he may direct.
(b) Title to colors, standards, and guidons of demobilized
organizations of the Air Force remains in the United States.
(c) No color, standard, or guidon may be disposed of under this
section unless provision satisfactory to the Secretary has been made for
its preservation and care.
(Aug. 10, 1956, ch. 1041, 70A Stat. 578.)
In subsection (a), the words ''Any which were used during their
service by such organizations and'' are omitted as surplusage. The
first 15 words of the last sentence are substituted for 5:202 (1st 45
words of 2d sentence). The words ''the Quartermaster General'' are
omitted, since the functions which, for the Army, are assigned by
statute to subordinate officers of the Army, are, for the Air Force,
assigned to the Secretary of the Air Force.
10 USC CHAPTER 937 -- UTILITIES AND SERVICES
TITLE 10 -- ARMED FORCES
Sec.
9591. Utilities: proceeds from overseas operations.
9592. Radiograms and telegrams: forwarding charges due connecting
commercial facilities.
9593. Quarters: heat and light.
General military law provisions, see section 2481 of this title.
Property records, see section 2721 of this title.
10 USC 9591. Utilities: proceeds from overseas operations
TITLE 10 -- ARMED FORCES
During actual or threatened hostilities, proceeds from operating a
public utility in connection with operations of the Air Force in the
field overseas are available for that utility until the close of the
fiscal year following that in which they are received.
(Aug. 10, 1956, ch. 1041, 70A Stat. 578.)
The words ''Air Force'' are substituted for the word ''Engineer'',
since the Air Force does not have organic corps created by statute.
10 USC 9592. Radiograms and telegrams: forwarding charges due
connecting commercial facilities
TITLE 10 -- ARMED FORCES
In the operation of telegraph lines, cables, or radio stations,
members of the Air Force may, in the discretion of the Secretary of the
Air Force, collect forwarding charges due connecting commercial
telegraph or radio companies for sending radiograms or telegrams over
their lines. Under such regulations as the Secretary may prescribe,
they may present a voucher to a disbursing official for payment, or may
file a claim with the General Accounting Office for the forwarding
charge.
(Aug. 10, 1956, ch. 1041, 70A Stat. 578; Sept. 13, 1982, Pub. L.
97-258, 2(b)(1)(A), 96 Stat. 1052.)
The words ''members of the Air Force'' are substituted for the words
''Signal Corps'', since the Air Force does not have organic corps
created by statute. The words ''Government'', ''and to this end'', ''as
may be'', and ''amount of such'' are omitted as surplusage.
1982 -- Pub. L. 97-258 substituted ''official'' for ''officer''.
Certain powers and duties vested in Comptroller General;
conclusiveness of balances certified by Comptroller General, see section
9842 of this title, and section 3526 of Title 31, Money and Finance.
10 USC 9593. Quarters: heat and light
TITLE 10 -- ARMED FORCES
The heat and light necessary for the authorized quarters of members
of the Air Force shall be furnished at the expense of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 578.)
The word ''members'' is substituted for the words ''officers and
enlisted men''. The words ''under such regulations as the Secretary of
the Army may prescribe'' are omitted, since the Secretary has inherent
authority to issue regulations appropriate to exercising his statutory
functions.
Proceeds; Applicability; Implementation
Assessment of members for excess energy consumption in military
family housing facilities, see section 507 of Pub. L. 95-82, title V,
Aug. 1, 1977, 91 Stat. 372, set out as a note under section 4593 of
this title.
10 USC CHAPTER 939 -- SALE OF SERVICEABLE MATERIAL
TITLE 10 -- ARMED FORCES
Sec.
9621. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments and employees; prices.
9622. Rations: commissioned officers in field.
9623. Tobacco: enlisted members of Air Force.
9624. Medical supplies: civilian employees of the Air Force;
American National Red Cross; Armed Forces Retirement Home.
9625. Ordnance property: officers of armed forces; civilian
employees of Air Force; American National Red Cross; educational
institutions; homes for veterans' orphans.
9626. Aircraft supplies and services: foreign military or air
attache1.
9627. Supplies: educational institutions.
9628. Airplane parts and accessories: civilian flying schools.
9629. Proceeds: disposition.
1990 -- Pub. L. 101-510, div. A, title XV, 1533(a)(8)(C), Nov. 5,
1990, 104 Stat. 1735, amended item 9624 generally, substituting ''Armed
Forces Retirement Home'' for ''Soldiers' and Airmen's Home''.
1980 -- Pub. L. 96-513, title V, 514(17)(C), Dec. 12, 1980, 94
Stat. 2936, substituted ''Soldiers' and Airmen's Home'' for ''Soldiers'
Home'' in item 9624.
Property records, see section 2702 of this title.
10 USC 9621. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments and employees; prices
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force shall procure and sell, for cash
or credit --
(1) articles designated by him, to members of the Air Force; and
(2) items of individual clothing and equipment, to officers of the
Air Force, under such restrictions as the Secretary may prescribe.
An account of sales on credit shall be kept and the amount due
reported to the Secretary. Except for articles and items acquired
through the use of working capital funds under section 2208 of this
title, sales of articles shall be at cost, and sales of individual
clothing and equipment shall be at average current prices, including
overhead, as determined by the Secretary.
(b) The Air Force shall sell subsistence supplies to members of other
armed forces at the prices at which like property is sold to members of
the Air Force.
(c) The Secretary may sell serviceable quartermaster property, other
than subsistence supplies, to an officer of another armed force for his
use in the service, in the same manner as these articles are sold to an
officer of the Air Force.
(d) A person who has been discharged honorably or under honorable
conditions from the Army, Navy, Air Force, or Marine Corps and who is
receiving care and medical treatment from the Public Health Service or
the Department of Veterans Affairs may buy subsistence supplies and
other supplies, except articles of uniform, at the prices at which like
property is sold to a member of the Air Force.
(e) Under such conditions as the Secretary may prescribe, exterior
articles of uniform may be sold to a person who has been discharged from
the Air Force honorably or under honorable conditions, at the prices at
which like articles are sold to members of the Air Force. This
subsection does not modify section 772 or 773 of this title.
(f) Whenever, under regulations to be prescribed by the Secretary,
subsistence supplies are furnished to any organization of the Air Force
or sold to employees of any executive department other than the
Department of Defense, payment shall be made in cash.
(g) The Secretary may, by regulation, provide for the procurement and
sale of stores designated by him to such civilian officers and employees
of the United States, and such other persons, as he considers proper --
(1) at military installations outside the United States; and
(2) at military installations inside the United States where he
determines that it is impracticable for those civilian officers,
employees, and persons to obtain those stores from private agencies
without impairing the efficient operation of military activities.
However, sales to those officers and employees inside the United
States may be made only to those residing within military installations.
(h) Appropriations for subsistence of the Air Force may be applied to
the purchase of subsistence supplies for sale to members of the Air
Force on active duty for the use of themselves and their families.
(Aug. 10, 1956, ch. 1041, 70A Stat. 579; Sept. 7, 1962, Pub. L.
87-651, title I, 118, 76 Stat. 513; Dec. 12, 1980, Pub. L. 96-513,
title V, 514(16), 94 Stat. 2936; July 10, 1981, Pub. L. 97-22,
11(a)(11), 95 Stat. 138; Dec. 4, 1987, Pub. L. 100-180, div. A, title
III, 313(c), 101 Stat. 1074; Nov. 29, 1989, Pub. L. 101-189, div. A,
title XVI, 1621(a)(1), 103 Stat. 1602.)
In subsection (a), the word ''members'' is substituted for the words
''officers and enlisted men'', in 10:1237. Clause (2) is substituted for
10:904. Reference to the Secretary of the Air Force is substituted for
reference to branch, office, or officers of the Army, in 10:1237, since
the functions which, for the Army are assigned to subordinate officers,
are, for the Air Force assigned to the Secretary of the Air Force.
32:156 is omitted as covered by 10:904, since the words ''officers of
the Air Force'' necessarily cover all persons named in 32:156. The words
''Except for articles and items acquired through the use of working
capital funds under sections 172-172j of title 5'' are inserted to
reflect Title IV of the National Security Act of 1947, as amended (63
Stat. 585), which authorized the Secretary of Defense to prescribe
regulations governing the use and sale of certain inventories at cost,
including applicable administrative expenses. (See opinion of the
Assistant General Counsel (Fiscal Matters) of the Office of the
Secretary of Defense, January 4, 1955.)
In subsection (b), the first sentence states expressly the rule which
is implicit in 10:1238. The word ''members'' is substituted for the
words ''officers and enlisted men''. The words ''shall be understood,
in all cases of such sales'' are omitted as surplusage. The last
sentence is inserted to reflect Title IV of the National Security Act of
1947, as amended (63 Stat. 585), which authorized the Secretary of
Defense to prescribe regulations governing the use and sale of certain
inventories at cost, including applicable administrative expenses. (See
opinion of the Deputy General Counsel of the Office of the Secretary of
Defense, March 28, 1956.)
In subsection (c), the word ''members'' is substituted for the words
''officers and enlisted men''. The words ''prices at which like
property is sold to'' are substituted for the words ''same price as is
charged the''.
In subsections (c) and (d), the words ''other armed forces'' are
substituted for the words ''Navy and Marine Corps'', since such sales
are authorized to members of the Coast Guard by section 144(b) of Title
14.
In subsection (d), the words ''other than subsistence supplies'' are
inserted, since the sale of subsistence supplies is covered by
subsection (c).
In subsection (e), the words ''a person who has been discharged'' are
substituted for the words ''discharged officers and enlisted men''. The
words ''Navy * * * or Marine Corps'', omitted from the 1952 edition of
the United States Code, are inserted to conform to the source statute.
The words ''may buy'' are substituted for the words ''shall * * * be
permitted to purchase''. The words ''at the prices at which like
property is sold'' are substituted for the words ''at the same price as
charged''. The word ''member'' is substituted for the words ''officers
and enlisted men''. The words ''while undergoing such care and
treatment'' are omitted as surplusage.
In subsection (f), the words ''person who has been discharged'' are
substituted for the words ''former members * * * who have been separated
therefrom''. The words ''at the prices at which like articles are sold
to members'' are inserted to conform to the last sentence of subsection
(a) and subsection (e).
In subsection (g), the words ''regulations to be prescribed by the
Secretary'' are substituted for the words ''Army Regulations''. The
words ''of the Government'' are omitted as surplusage. 10:1253 (last 22
words of 1st sentence) is omitted as surplusage. The words ''or to
another executive department of the Government'' are omitted as
superseded by section 7 of the act of May 21, 1920, ch. 194, as amended
(31 U.S.C. 686). The provisions of 10:1253 relating to the computation
of cost are omitted to reflect Title IV of the National Security Act of
1947, as amended (63 Stat. 585), which authorized the Secretary of
Defense to prescribe regulations governing the use and sale of certain
inventories at cost, including applicable administrative expenses. (See
opinion of the Assistant General Counsel (Fiscal Matters) of the Office
of the Secretary of Defense, January 4, 1955.)
In subsection (h), the word ''outside'' is substituted for the words
''beyond the continental limitations''. The words ''or in Alaska'' are
omitted, since, under section 101(1) of this title, the words ''United
States'' are defined to include only the States and the District of
Columbia. The word ''continental'', after the words ''within the'', is
omitted for the same reason. The last sentence is substituted for
10:1241 (proviso).
In subsection (i), 10:1196 (last 30 words) is omitted as superseded
by the Act of April 27, 1914, ch. 72 (last proviso under ''Subsistence
of the Army''), 38 Stat. 361. The words ''So much of the'' and ''as may
be necessary'' are omitted as surplusage. The words ''members * * * on
active duty, for the use of themselves and their families'' are
substituted for the words ''officers for the use of themselves and their
families, and to commanders of companies or other organizations, for the
use of the enlisted men of their companies or organizations'', to
conform to 10:1237 and 1238. Those sections provide the basic authority
for procurement and sale of subsistence supplies to all members. This
interpretation conforms to established administrative practice under
those sections. The word ''supplies'' is substituted for the word
''stores''.
The change corrects an internal reference.
1989 -- Subsec. (d). Pub. L. 101-189 substituted ''Department of
Veterans Affairs'' for ''Veterans' Administration''.
1987 -- Subsecs. (b) to (i). Pub. L. 100-180 redesignated subsecs.
(c) to (i) as (b) to (h), respectively, and struck out former subsec.
(b) which read as follows: ''Subsistence supplies may be sold to
members of the Air Force. The selling price of each article sold under
this subsection is the invoice price of the last lot of that article
that the officer making the sale received before the first day of the
month in which the sale is made. Activities conducted under this
subsection shall be consistent with section 2208 of this title.''
1981 -- Subsec. (f). Pub. L. 97-22 struck out a comma after
''section 772''.
1980 -- Subsec. (f). Pub. L. 96-513 struck out reference to section
8612 of this title.
1962 -- Subsecs. (a), (b). Pub. L. 87-651 substituted ''section
2208 of this title'' for ''sections 172-172j of title 5''.
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.
Settlement of accounts, deductions from pay, see section 9837 of this
title.
10 USC 9622. Rations: commissioned officers in field
TITLE 10 -- ARMED FORCES
Commissioned officers of the Air Force serving in the field may buy
rations for their own use, on credit. Amounts due for these purchases
shall be reported monthly to the Secretary of the Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 580.)
The words ''at cost prices'' are omitted to reflect Title IV of the
National Security Act of 1947, as amended (63 Stat. 585), which
authorized the Secretary of Defense to prescribe regulations governing
the use and sale of certain inventories at cost, including applicable
administrative expenses. (See opinion of the Assistant General Counsel
(Fiscal Matters) of the Office of the Secretary of Defense, January 4,
1955.)
Settlement of accounts, deductions from pay, see section 9837 of this
title.
10 USC 9623. Tobacco: enlisted members of Air Force
TITLE 10 -- ARMED FORCES
The Air Force shall sell not more than 16 ounces of tobacco a month
to an enlisted member of the Air Force on active duty who requests it.
(Aug. 10, 1956, ch. 1041, 70A Stat. 580.)
The words ''Air Force'' are substituted for the words ''Quartermaster
Corps'', since the Air Force does not have organic corps created by
statute. The words ''on active duty'' are inserted for clarity. The
words ''shall sell'' are substituted for the words ''shall be furnished
by''. The words ''in such quantities as they may require'' are omitted
as surplusage. The words ''at cost prices, excluding the cost of
transportation'' are omitted to reflect Title IV of the National
Security Act of 1947, as amended (63 Stat. 585), which authorized the
Secretary of Defense to prescribe regulations governing the use and sale
of certain inventories at cost, including applicable administrative
expenses. (See opinion of the Assistant General Counsel (Fiscal
Matters) of the Office of the Secretary of Defense, January 4, 1955.)
Settlement of accounts, deductions from pay, see section 9837 of this
title; title 37 section 1007.
10 USC 9624. Medical supplies: civilian employees of the Air Force;
American National Red Cross; Armed Forces Retirement Home
TITLE 10 -- ARMED FORCES
(a) Under regulations to be prescribed by the Secretary of the Air
Force, a civilian employee of the Department of the Air Force who is
stationed at an air base may buy necessary medical supplies from the Air
Force when they are prescribed by a medical officer on active duty.
(b) The Secretary may sell medical supplies to the American National
Red Cross for cash.
(c) The Secretary may sell medical and hospital supplies to the Armed
Forces Retirement Home.
(Aug. 10, 1956, ch. 1041, 70A Stat. 580; Dec. 12, 1980, Pub. L.
96-513, title V, 514(17)(A), (B), 94 Stat. 2936; Nov. 5, 1990, Pub.
L. 101-510, div. A, title XV, 1533(a)(8)(A), (B), 104 Stat. 1735.)
In subsection (a), the words ''on active duty'' are inserted for
clarity.
In subsection (b), the words ''rates of charge'', ''to cover the cost
of purchase, inspection, and so forth'', and ''as can be spared without
detriment to the military service'' are omitted as surplusage. The
words ''the contract prices paid therefor'' are omitted to reflect Title
IV of the National Security Act of 1947, as amended (63 Stat. 585),
which authorized the Secretary of Defense to prescribe regulations
governing the use and sale of certain inventories, at cost, including
applicable administrative expenses. (See opinion of the Assistant
General Counsel (Fiscal Matters) of the Office of the Secretary of
Defense, January 4, 1955.) The word ''equipments'' is omitted as covered
by the word ''supplies''.
In subsections (b) and (c), the words ''The Secretary'' are
substituted for the words ''Medical Department of the Army'', since the
functions which, for the Army, are assigned by statute to subordinate
organizational units of the Army, are, for the Air Force, assigned to
the Secretary of the Air Force.
In subsection (c), the words ''in the District of Columbia'' are
omitted as surplusage, since there is only one Soldiers' Home. The
words ''Upon proper application therefor'' are omitted as surplusage.
The words ''its contract prices'' are omitted to reflect Title IV of the
National Security Act of 1947, as amended (63 Stat. 585), which
authorized the Secretary of Defense to prescribe regulations governing
the use and sale of certain inventories at cost, including applicable
administrative expenses. (See opinion of the Assistant General Counsel
(Fiscal Matters) of the Office of the Secretary of Defense, January 4,
1955.)
1990 -- Pub. L. 101-510, 1533(a)(8)(B), substituted ''Armed Forces
Retirement Home'' for ''Soldiers' and Airmen's Home'' in section
catchline.
Subsec. (c). Pub. L. 101-510, 1533(a)(8)(A), substituted ''Armed
Forces Retirement Home'' for ''United States Soldiers' and Airmen's
Home''.
1980 -- Pub. L. 96-513, 514(17)(B), inserted ''the'' before ''Air''
and ''and Airmen's'' after ''Soldiers''' in section catchline.
Subsec. (c). Pub. L. 96-513, 514(17)(A), substituted ''United States
Soldiers' and Airmen's'' for ''Soldiers'''.
Amendment by Pub. L. 101-510 effective one year after Nov. 5, 1990,
see section 1541 of Pub. L. 101-510, set out as an Effective Date note
under section 401 of Title 24, Hospitals and Asylums.
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.
American National Red Cross --
Generally, see section 1 et seq. of Title 36, Patriotic Societies
and Observances.
Equipment for instruction and practice, see section 2542 of this
title.
10 USC 9625. Ordnance property: officers of armed forces; civilian
employees of Air Force; American National Red Cross; educational
institutions; homes for veterans' orphans
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force may sell articles of ordnance
property to officers of other armed forces for their use in the service,
in the same manner as these articles are sold to officers of the Air
Force.
(b) Under such regulations as the Secretary may prescribe, ordnance
stores may be sold to civilian employees of the Air Force and to the
American National Red Cross.
(c) Articles of ordnance property may be sold to educational
institutions and to State soldiers' and sailors' orphans' homes for
maintaining the ordnance and ordnance stores issued to those
institutions and homes.
(Aug. 10, 1956, ch. 1041, 70A Stat. 580.)
In subsection (a), the words ''Secretary of the Air Force'' are
substituted for the words ''Chief of Ordnance'', since the functions
which, for the Army, are assigned to subordinate officers of the Army,
are, for the Air Force, assigned to the Secretary of the Air Force. The
words ''other armed forces'' are substituted for the words ''the Navy
and Marine Corps'', in 34:540 and 50:70, since those sales may be made
to officers of the Coast Guard under section 114(c) of Title 14.
American National Red Cross, equipment for instruction and practice,
see section 2542 of this title.
10 USC 9626. Aircraft supplies and services: foreign military or air
attache1
TITLE 10 -- ARMED FORCES
Under such conditions as he may prescribe, the Secretary of the Air
Force may provide for the sale of fuel, oil, and other supplies for use
in aircraft operated by a foreign military or air attache1 accredited to
the United States, and for the furnishing of mechanical service and
other assistance to such aircraft. Shelter may be furnished to such
aircraft, but only without charge.
(Aug. 10, 1956, ch. 1041, 70A Stat. 581.)
The last sentence is substituted for the words ''except for shelter
for which no charge shall be made''. The words ''and equipment'' are
omitted as covered by the word ''supplies''. 22:259 (last 22 words of
2d sentence) is omitted to reflect Title IV of the National Security Act
of 1947, as amended (63 Stat. 585), which authorized the Secretary of
Defense to prescribe regulations governing the use and sale of certain
inventories at cost, including applicable administrative expenses. (See
opinion of the Assistant General Counsel (Fiscal Matters) of the Office
of the Secretary of Defense, January 4, 1955.)
10 USC 9627. Supplies: educational institutions
TITLE 10 -- ARMED FORCES
Under such regulations as the Secretary of the Air Force may
prescribe, supplies and military publications procured for the Air Force
may be sold to any educational institution to which an officer of the
Air Force is detailed as professor of air science and tactics, for the
use of its military students. Sales under this section shall be for
cash.
(Aug. 10, 1956, ch. 1041, 70A Stat. 581.)
The words ''procured for'' are substituted for the words ''as are
furnished to''. The words ''stores * * * mate1riel of war'' are omitted
as covered by the word ''supplies''. The words ''the price listed to
the Army'' are omitted to reflect Title IV of the National Security Act
of 1947, as amended (63 Stat. 585), which authorized the Secretary of
Defense to prescribe regulations governing the use and sale of certain
inventories at cost, including applicable administrative expenses. (See
opinion of the Assistant General Counsel (Fiscal Matters) of the Office
of the Secretary of Defense, January 4, 1955.)
10 USC 9628. Airplane parts and accessories: civilian flying schools
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may sell, to civilian flying schools
at which personnel of the Department of the Air Force or the Department
of the Army are receiving flight training under contracts requiring
these schools to maintain and repair airplanes of the Air Force
furnished to them for flight training, the spare parts and accessories
needed for those repairs.
(Aug. 10, 1956, ch. 1041, 70A Stat. 581.)
The words ''under the provisions of the Act of April 3, 1939 (53
Stat. 555)'', are omitted as obsolete, since training formerly performed
under that act is now performed under section 9301 of this title. The
words ''personnel of the Departments'' are substituted for the words
''flying cadets'', since the authority is reciprocal, and to conform to
section 9656 of this title. The words ''flying cadet'' are omitted as
obsolete. 10:298c (last 28 words) is omitted to reflect Title IV of the
National Security Act of 1947, as amended (63 Stat. 585), which
authorized the Secretary of Defense to prescribe regulations governing
the use and sale of certain inventories at cost, including applicable
administrative expenses. (See opinion of the Assistant General Counsel
(Fiscal Matters) of the Office of the Secretary of Defense, January 4,
1955.)
Issuance of aircraft and equipment to civilian aviation schools, see
section 9656 of this title.
10 USC 9629. Proceeds: disposition
TITLE 10 -- ARMED FORCES
The proceeds of sales of the following shall be paid into the
Treasury to the credit of the appropriation out of which they were
purchased, and are available for the purposes of that appropriation:
(1) Exterior articles of uniform sold under section 9621 of this
title.
(2) Supplies, war material, and military publications sold to
educational institutions under section 9627 of this title.
(3) Fuel, oil, other supplies, and services for aircraft of a foreign
military or air attache sold under section 9626 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 581.)
10 USC CHAPTER 941 -- ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED
FORCES
TITLE 10 -- ARMED FORCES
Sec.
9651. Arms, tentage, and equipment: educational institutions not
maintaining units of A.F.R.O.T.C.
9652. Rifles and ammunition for target practice: educational
institutions having corps of cadets.
9653. Ordnance and ordnance stores: District of Columbia high
schools.
9654. Supplies: military instruction camps.
9655. Arms and ammunition: agencies and departments of United
States.
9656. Aircraft and equipment: civilian aviation schools.
General military law provisions, see section 2541 et seq. of this
title.
Property records, see section 2721 of this title.
10 USC 9651. Arms, tentage, and equipment: educational institutions
not maintaining units of A.F.R.O.T.C.
TITLE 10 -- ARMED FORCES
Under such conditions as he may prescribe, the Secretary of the Air
Force may issue arms, tentage, and equipment that he considers necessary
for proper military training, to any educational institution at which no
unit of the Air Force Reserve Officers' Training Corps is maintained,
but which has a course in military training prescribed by the Secretary
and which has at least 100 physically fit students over 14 years of age.
(Aug. 10, 1956, ch. 1041, 70A Stat. 581; Nov. 8, 1985, Pub. L.
99-145, title XIII, 1301(d)(3), 99 Stat. 736.)
The reference to schools ''other than those provided for in section
381 of this title'' is omitted as covered by the descriptions of the
educational institutions.
1985 -- Pub. L. 99-145 struck out ''male'' before ''students''.
10 USC 9652. Rifles and ammunition for target practice: educational
institutions having corps of cadets
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force may lend, without expense to the
United States, magazine rifles and appendages that are not of the
existing service models in use at the time, and that are not necessary
for a proper reserve supply, to any educational institution having a
uniformed corps of cadets of sufficient number for target practice. He
may also issue 40 rounds of ball cartridges for each cadet for each
range at which target practice is held, but not more than 120 rounds
each year for each cadet participating in target practice.
(b) The institutions to which property is lent under subsection (a)
shall use it for target practice, take proper care of it, and return it
when required.
(c) The Secretary shall prescribe regulations to carry out this
section, containing such other requirements as he considers necessary to
safeguard the interests of the United States.
(Aug. 10, 1956, ch. 1041, 70A Stat. 582.)
In subsection (a), the words, ''and carrying on military training''
and ''the maintenance of'' are omitted as surplusage. In clause (2),
the words ''suitable to said arm'' are omitted as surplusage.
In subsection (b), the words ''shall use it for target practice'' are
substituted for the words ''insuring the designed use of the property
issued''. The words ''take proper care of it'' are substituted for the
words ''providing against loss to the United States through lack of
proper care''.
10 USC 9653. Ordnance and ordnance stores: District of Columbia high
schools
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force, under regulations to be prescribed by
him, may issue to the high schools of the District of Columbia ordnance
and ordnance stores required for military instruction and practice. The
Secretary shall require a bond in double the value of the property
issued under this section, for the care and safekeeping of that property
and, except for property properly expended, for its return when
required.
(Aug. 10, 1956, ch. 1041, 70A Stat. 582.)
The words ''at his discretion and'', ''belonging to the Government,
and which can be spared for that purpose'', and ''in each case'' are
omitted as surplusage. The words ''high schools of the'' are
substituted for the words ''High School of Washington'', since the
various high schools of the District of Columbia have succeeded the
Washington High School that existed at the time the statute was enacted.
The words ''except for property properly expended'' are inserted for
clarity.
10 USC 9654. Supplies: military instruction camps
TITLE 10 -- ARMED FORCES
Under such conditions as he may prescribe, the Secretary of the Air
Force may issue, to any educational institution at which an Air Force
officer is detailed as professor of air science and tactics, such
supplies as are necessary to establish and maintain a camp for the
military instruction of its students. The Secretary shall require a
bond in the value of the property issued under this section, for the
care and safekeeping of that property and, except for property properly
expended, for its return when required.
(Aug. 10, 1956, ch. 1041, 70A Stat. 582.)
The words ''at his discretion and'' and ''belonging to the
Government, and which can be spared for that purpose, as may appear to
be'' are omitted as surplusage. The words ''except for property
properly expended'' are inserted for clarity. The word ''stores'' is
omitted as covered by the word ''supplies''.
10 USC 9655. Arms and ammunition: agencies and departments of United
States
TITLE 10 -- ARMED FORCES
(a) Whenever required for the protection of public money and
property, the Secretary of the Air Force may lend arms and their
accouterments, and issue ammunition, to a department or independent
agency of the United States, upon request of its head. Property lent or
issued under this subsection may be delivered to an officer of the
department or agency designated by the head thereof, and that officer
shall account for the property to the Secretary of the Air Force.
Property lent or issued under this subsection and not properly expended
shall be returned when it is no longer needed.
(b) The department or agency to which property is lent or issued
under subsection (a) shall transfer funds to the credit of the
Department of the Air Force to cover the costs of --
(1) ammunition issued;
(2) replacing arms and accouterments that have been lost or destroyed
or cannot be repaired;
(3) repairing arms and accouterments returned to the Department of
the Air Force; and
(4) making and receiving shipments by the Department of the Air
Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 582.)
In subsection (a), the word ''lend'' is substituted for the word
''issue'', with respect to arms and accouterments, since the property
must be returned when the necessity for its use has expired. The words
''and not properly expended'' are inserted for clarity. The words
''United States'' are substituted for the word ''Government''. The word
''their'' is substituted for the words ''suitable * * * for use
therewith''. The words ''it is no longer needed'' are substituted for
the words ''the necessity for their use has expired''.
In subsection (b), the words ''hereafter'', ''borrowed'', and ''under
the authority of this section'' are omitted as surplusage.
10 USC 9656. Aircraft and equipment: civilian aviation schools
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force, under regulations to be prescribed by
him, may lend aircraft, aircraft parts, and aeronautical equipment and
accessories that are required for instruction, training, and
maintenance, to accredited civilian aviation schools at which personnel
of the Department of the Air Force or the Department of the Army are
pursuing a course of instruction and training under detail by competent
orders.
(Aug. 10, 1956, ch. 1041, 70A Stat. 583; Oct. 12, 1982, Pub. L.
97-295, 1(53), 96 Stat. 1301.)
The words ''in his discretion and'', ''rules'', ''limitations'', and
''on hand and belonging to the Government such articles as may appear to
be'' are omitted as surplusage. The words ''Department of the Air Force
or the Department of the Army'' are substituted for the words ''Military
Establishment'', since the authority is reciprocal.
In 10:9656, the words '', and at least one of which is designated by
the Civil Aeronautics Authority for the training of Negro air pilots''
are striken as obsolete.
1982 -- Pub. L. 97-295 struck out '', and at least one of which is
designated by the Civil Aeronautics Authority for the training of Negro
air pilots'' after ''competent orders''.
10 USC CHAPTER 943 -- DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
TITLE 10 -- ARMED FORCES
Sec.
9681. Surplus war material: sale to States and foreign governments.
9682. Obsolete or excess material: sale to National Council of Boy
Scouts of America.
9684. Surplus obsolete ordnance: sale to patriotic organizations.
9685. Obsolete ordnance: loan to educational institutions and State
soldiers' and sailors' orphans' homes.
9686. Obsolete ordnance: gift to State homes for soldiers and
sailors.
General military law provisions, see section 2571 et seq. of this
title.
Management and disposal of Government property, see section 471 et
seq. of Title 40, Public Buildings, Property, and Works.
Property records, see section 2721 of this title.
10 USC 9681. Surplus war material: sale to States and foreign
governments
TITLE 10 -- ARMED FORCES
Subject to regulations under section 205 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 486), the Secretary of
the Air Force may sell surplus war material and supplies, except food,
of the Department of the Air Force, for which there is no adequate
domestic market, to any State or to any foreign government with which
the United States was at peace on June 5, 1920. Sales under this
section shall be made upon terms that the Secretary considers expedient.
(Aug. 10, 1956, ch. 1041, 70A Stat. 583; Dec. 12, 1980, Pub. L.
96-513, title V, 514(18), 94 Stat. 2936.)
The word ''may'' is substituted for the words ''is authorized in his
discretion, to''. The words ''war material'' are substituted for the
word ''mate1riel''. The words ''or equipment'' are omitted as covered
by the word ''supplies''. The words ''of the Department of the Air
Force'' are substituted for the words ''pertaining to the Military
Establishment''. The words ''which are not needed for military
purposes'' are omitted as covered by the word ''surplus''. The words
''as or may be found to be'' are omitted as surplusage.
1980 -- Pub. L. 96-513 substituted ''section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 486)'' for
''section 486 of title 40''.
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 9682. Obsolete or excess material: sale to National Council of
Boy Scouts of America
TITLE 10 -- ARMED FORCES
Subject to regulations under section 205 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 486), the Secretary of
the Air Force, under such conditions as he may prescribe, may sell
obsolete or excess material to the National Council of the Boy Scouts of
America. Sales under this section shall be at fair value to the
Department of the Air Force, including packing, handling, and
transportation.
(Aug. 10, 1956, ch. 1041, 70A Stat. 583; Dec. 12, 1980, Pub. L.
96-513, title V, 514(18), 94 Stat. 2936.)
The words ''obsolete or excess material'' are substituted for the
words ''such obsolete material as may not be needed by the Department of
the Army, and such other material as may be spared'' to conform to the
Federal Property and Administrative Services Act of 1949, as amended (40
U.S.C. 471 et seq.). The words ''in his discretion'' are omitted as
surplusage.
1980 -- Pub. L. 96-513 substituted ''section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 486)'' for
''section 486 of title 40''.
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 9684. Surplus obsolete ordnance: sale to patriotic
organizations
TITLE 10 -- ARMED FORCES
Subject to regulations under section 205 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 486), the Secretary of
the Air Force may sell, without advertisement and at prices that he
considers reasonable --
(1) surplus obsolete small arms and ammunition and equipment for
them, to any patriotic organization for military purposes; and
(2) surplus obsolete brass or bronze cannons, carriages, and cannon
balls, for public parks, public buildings, and soldiers' monuments.
(Aug. 10, 1956, ch. 1041, 70A Stat. 583; Dec. 12, 1980, Pub. L.
96-513, title V, 514(18), 94 Stat. 2936.)
50:64 (proviso) and 50:68 (proviso) are omitted as surplusage.
The words ''the Chief of Ordnance'' are omitted, since the functions
which, for the Army, are assigned by statute to subordinate officers of
the Army, are, for the Air Force, assigned to the Secretary of the Air
Force.
1980 -- Pub. L. 96-513 substituted ''section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 486)'' for
''section 486 of title 40''.
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 9685. Obsolete ordnance: loan to educational institutions and
State soldiers' and sailors' orphans' homes
TITLE 10 -- ARMED FORCES
(a) Upon the recommendation of the Governor of the State or Territory
concerned, the Secretary of the Air Force, under regulations to be
prescribed by him and without cost to the United States for
transportation, may lend obsolete ordnance and ordnance stores to State
and Territorial educational institutions and to State soldiers' and
sailors' orphans' homes, for drill and instruction. However, no loan
may be made under this subsection to an institution to which ordnance or
ordnance stores may be issued under any law that was in effect on June
30, 1906, and is still in effect.
(b) The Secretary shall require a bond from each institution or home
to which property is lent under subsection (a), in double the value of
the property lent, for the care and safekeeping of that property and,
except for property properly expended, for its return when required.
(Aug. 10, 1956, ch. 1041, 70A Stat. 584.)
In subsection (a), the words ''at his discretion'' and ''as may be
available'' are omitted as surplusage. The word ''lend'' is substituted
for the word ''issue'' to reflect the intent of the section. 50:62a
(1st 13 words of proviso) is omitted as surplusage. The words ''and
which is still in effect'' are inserted for clarity.
In subsection (b), the words ''to the United States'' are omitted as
surplusage. The words ''except property properly expended'' are
inserted for clarity.
10 USC 9686. Obsolete ordnance: gift to State homes for soldiers and
sailors
TITLE 10 -- ARMED FORCES
Subject to regulations under section 205 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 486), the Secretary of
the Air Force may give not more than two obsolete bronze or iron cannons
suitable for firing salutes to any home for soldiers or sailors
established and maintained under State authority.
(Aug. 10, 1956, ch. 1041, 70A Stat. 584; Dec. 12, 1980, Pub. L.
96-513, title V, 514(18), 94 Stat. 2936.)
The words ''subject to such regulations as he may prescribe'' are
omitted, since the Secretary has inherent authority to issue regulations
appropriate to exercising his statutory functions. The words ''to any
of the 'National Homes for Disabled Volunteer Soldiers' already
established or hereafter established and'', in the Act of February 8,
1889, ch. 116, 25 Stat. 657, are not contained in 50:66 (2d sentence).
They are also omitted from the revised section, since the National
Homes for Disabled Volunteer Soldiers were dissolved by the Act of July
3, 1930, ch. 863, 46 Stat. 1016. The Acts of March 3, 1899, ch. 643
(1st proviso under ''Ordnance Department''), 30 Stat. 1073; and May
26, 1900, ch. 586 (1st proviso under ''Ordnance Department''), 31 Stat.
216, as amended, relating to disposal of ordnance to ''Homes for
Disabled Volunteer Soldiers'' by the Chief of Ordnance of the Army,
became inoperative when the Homes were dissolved. Although section
402(e) of the Army Organization Act of 1950, ch. 383, 64 Stat. 273,
amended the Act of May 26, 1900, it did not have the effect of reviving
that act. The word ''give'' is substituted for the word ''deliver'' to
express more clearly the intent of the section. The words
''serviceable'' and ''as may be on hand undisposed of'' are omitted as
surplusage. The word ''may'' is substituted for the words ''is
authorized and directed'', since section 9684 of this title provides an
alternative method for the disposal of obsolete cannon.
1980 -- Pub. L. 96-513 substituted ''section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 486)'' for
''section 486 of title 40''.
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 945 -- INQUESTS; DISPOSITION OF EFFECTS OF DECEASED
PERSONS
TITLE 10 -- ARMED FORCES
Sec.
9711. Inquests.
9712. Disposition of effects of deceased persons by summary
court-martial.
(9713. Repealed.)
1990 -- Pub. L. 101-510, div. A, title XV, 1533(a)(10)(B), Nov.
5, 1990, 104 Stat. 1735, struck out item 9713 ''Disposition of effects
of deceased persons by Soldiers' and Airmen's Home''.
1980 -- Pub. L. 96-513, title V, 514(20)(C), Dec. 12, 1980, 94
Stat. 2936, substituted ''Soldiers' and Airmen's Home'' for ''Soldiers'
Home'' in item 9713.
General military law provisions respecting death benefits, see
section 1475 et seq. of this title.
10 USC 9711. Inquests
TITLE 10 -- ARMED FORCES
(a) When a person is found dead under circumstances that require
investigation, at a place garrisoned by the Air Force and under the
exclusive jurisdiction of the United States, the commanding officer
shall direct a summary court-martial to investigate the circumstances of
the death.
(b) In conducting an investigation under subsection (a), the summary
court-martial may summon witnesses and examine them upon oath.
(c) The summary court-martial shall promptly submit to the commanding
officer a report of the investigation and findings as to the cause of
death.
(Aug. 10, 1956, ch. 1041, 70A Stat. 584.)
In subsection (a), the words ''post, fort, camp, or other'' are
omitted as surplusage.
In subsection (b), the words ''In conducting an investigation under
subsection (a)'' are substituted for the words ''for this purpose''.
The word ''may'' is substituted for the words ''shall have power to''.
The words ''or affirmation'' are omitted, since the word ''oath'', as
defined in section 1 of title 1, includes ''affirmation''.
In subsection (c), the words ''commanding officer'' are substituted
for the words ''post or other commander'' to conform to subsection (a).
Summary courts-martial --
Jurisdiction, see section 820 of this title.
Persons authorized to convene, see section 824 of this title.
10 USC 9712. Disposition of effects of deceased persons by summary
court-martial
TITLE 10 -- ARMED FORCES
(a) Upon the death of --
(1) a person subject to military law at a place or command under the
jurisdiction of the Air Force; or
(2) a resident of the Armed Forces Retirement Home who dies in an Air
Force hospital outside the District of Columbia when sent from the Home
to that hospital for treatment;
the commanding officer of the place or command shall permit the legal
representative or the surviving spouse of the deceased, if present, to
take possession of the effects of the deceased that are then at the air
base or in quarters.
(b) If there is no legal representative or surviving spouse present,
the commanding officer shall direct a summary court-martial to collect
the effects of the deceased that are then at the air base or in
quarters.
(c) The summary court-martial may collect debts due the decedent's
estate by local debtors, pay undisputed local creditors of the deceased
to the extent permitted by money of the deceased in the court's
possession, and shall take receipts for those payments, to be filed with
the court's final report to the Department of the Air Force.
(d) As soon as practicable after the collection of the effects and
money of the deceased, the summary court-martial shall send them at the
expense of the United States to the living person highest on the
following list who can be found by the court:
(1) The surviving spouse or legal representative.
(2) A child of the deceased.
(3) A parent of the deceased.
(4) A brother or sister of the deceased.
(5) The next-of-kin of the deceased.
(6) A beneficiary named in the will of the deceased.
(e) If the summary court-martial cannot dispose of the effects under
subsection (d) because there are no persons in those categories or
because the court finds that the addresses of the persons are not known
or readily ascertainable, the court may convert the effects of the
deceased, except sabers, insignia, decorations, medals, watches,
trinkets, manuscripts, and other articles valuable chiefly as keepsakes,
into cash, by public or private sale, but not until 30 days after the
date of death of the deceased.
(f) As soon as practicable after the effects have been converted into
cash under subsection (e), the summary court-martial shall deposit all
cash in the court's possession and belonging to the estate with the
officer designated in regulations, and shall send a receipt therefor,
together with any will or other papers of value, an inventory of the
effects and articles not permitted to be sold, to the executive part of
the Department of the Air Force. The Secretary of the Air Force shall
deliver to the Armed Forces Retirement Home all items received by the
executive part of the Department of the Air Force under this subsection.
(g) The summary court-martial shall make a full report of the
transactions under this section, with respect to the deceased, to the
Department of the Air Force for transmission to the General Accounting
Office for action authorized in the settlement of accounts of deceased
members of the Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 585; Nov. 2, 1966, Pub. L.
89-718, 48, 80 Stat. 1121; Dec. 12, 1980, Pub. L. 96-513, title V,
514(19), 94 Stat. 2936; Nov. 8, 1985, Pub. L. 99-145, title XIII,
1301(d)(4)(A), 99 Stat. 736; Nov. 5, 1990, Pub. L. 101-510, div. A,
title XV, 1533(a)(9), 104 Stat. 1735.)
In subsection (a), the words ''the court-martial jurisdiction of the
Air Force or the Army at a place or command under the jurisdiction of
the Air Force'' are substituted for the words ''military law'', to
reflect the creation of a separate Air Force. Clause (2) is substituted
for 5:150j (last par.).
In subsections (a), (b), and (c), the words ''surviving spouse'' are
substituted for the word ''widow''.
In subsection (c), the word ''may'' is substituted for the words
''shall have authority to''. The words ''to the extent permitted'' are
substituted for the words ''in so far as * * * will permit''. The words
''under this article'' and ''upon its transactions'' are omitted as
surplusage.
In subsection (d), the words ''through the Quartermaster Corps'' are
omitted, since the Air Force does not have organic corps created by
statute. The words ''if such be found by said court'' are omitted as
surplusage. The words ''United States'' are substituted for the word
''Government''. 5:150j (19 words before 3d semicolon of 1st par.) is
omitted as covered by subsection (g).
In subsection (e), the first 37 words are substituted for 5:150j (33
words after 3d semicolon of 1st par.). The word ''may'' is substituted
for the word ''shall have the authority''.
In subsection (f), the words ''Soldiers' Home'' are inserted, since,
as provided in section 9713 of this title, the Home is now the place
where the mentioned articles are sent.
1990 -- Subsec. (a)(2). Pub. L. 101-510, 1533(a)(9)(A), substituted
''a resident of the Armed Forces Retirement Home'' for ''an inmate of
the United States Soldiers' and Airmen's Home''.
Subsec. (f). Pub. L. 101-510, 1533(a)(9)(B), struck out ''for
transmission to the United States Soldiers' and Airmen's Home'' after
''Department of the Air Force'' and inserted at end ''The Secretary of
the Air Force shall deliver to the Armed Forces Retirement Home all
items received by the executive part of the Department of the Air Force
under this subsection.''
1985 -- Subsec. (d). Pub. L. 99-145 substituted pars. (1) to (6)
for former pars. (1) to (9) which read as follows:
''(1) Surviving spouse or legal representative.
''(2) Son.
''(3) Daughter.
''(4) Father, if he has not abandoned the support of his family.
''(5) Mother.
''(6) Brother.
''(7) Sister.
''(8) Next of kin.
''(9) Beneficiary named in the will of the deceased.''
1980 -- Subsecs. (a)(2), (f). Pub. L. 96-513 substituted ''United
States Soldiers' and Airmen's Home'' for ''Soldiers' Home''.
1966 -- Subsec. (a)(1). Pub. L. 89-718 substituted ''military law''
for ''the court-martial jurisdiction of the Air Force or the Army''.
Amendment by Pub. L. 101-510 effective one year after Nov. 5, 1990,
see section 1541 of Pub. L. 101-510, set out as an Effective Date note
under section 401 of Title 24, Hospitals and Asylums.
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.
General military law provisions respecting --
Armed Forces Retirement Home, see section 401 et seq. of Title 24,
Hospitals and Asylums.
Disposition of unclaimed property, see section 2575 of this title.
Final settlement of accounts of deceased members, see section 2771 of
this title.
Summary courts-martial --
Jurisdiction, see section 820 of this title.
Persons authorized to convene, see section 824 of this title.
title 37 section 554.
10 USC ( 9713. Repealed. Pub. L. 101-510, div. A, title XV,
1533(a)(10)(A), Nov. 5, 1990, 104 Stat. 1735)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 586; Dec. 12,
1980, Pub. L. 96-513, title V, 514(20)(A), (B), 94 Stat. 2936; Nov.
8, 1985, Pub. L. 99-145, title XIII, 1301(d)(4)(B), 99 Stat. 737;
Nov. 29, 1989, Pub. L. 101-189, div. A, title XVI, 1621(a)(1), 103
Stat. 1602, related to disposition of effects of deceased persons by
Soldiers' and Airmen's Home.
Repeal effective one year after Nov. 5, 1990, see section 1541 of
Pub. L. 101-510, set out as an Effective Date note under section 401 of
Title 24, Hospitals and Asylums.
10 USC CHAPTER 947 -- TRANSPORTATION
TITLE 10 -- ARMED FORCES
Sec.
9741. Control and supervision.
9742. Control of transportation systems in time of war.
9743. Officers: use of transportation.
9746. Civilian personnel in Alaska.
(9748. Repealed.)
1962 -- Pub. L. 87-651, title I, 129(2), Sept. 7, 1962, 76 Stat.
514, struck out item 9748 ''Motor vehicles: for members on permanent
change of station''.
General military law provisions, see section 2631 et seq. of this
title.
Property records, see section 2721 of this title.
10 USC 9741. Control and supervision
TITLE 10 -- ARMED FORCES
The transportation of members, munitions of war, equipment, military
property, and stores of the Air Force throughout the United States shall
be under the immediate control and supervision of the Secretary of the
Air Force and agents appointed or designated by him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 587.)
10 USC 9742. Control of transportation systems in time of war
TITLE 10 -- ARMED FORCES
In time of war, the President, through the Secretary of the Air
Force, may take possession and assume control of all or part of any
system of transportation to transport troops, war material, and
equipment, or for other purposes related to the emergency. So far as
necessary, he may use the system to the exclusion of other traffic.
(Aug. 10, 1956, ch. 1041, 70A Stat. 587.)
The words ''as may be needful or desirable'' are omitted as
surplusage.
10 USC 9743. Officers: use of transportation
TITLE 10 -- ARMED FORCES
Under such conditions as the Secretary of the Air Force may
prescribe, officers of the Air Force may, in the performance of their
duties, use means of transportation provided for the Air Force and its
supplies.
(Aug. 10, 1956, ch. 1041, 70A Stat. 587.)
Since its legislative history shows that it was enacted because the
Comptroller of the Treasury had disallowed certain accounts for travel
expenses (46 Congressional Record, pp. 905-913, 4643-4645), the source
statute is restated to preclude future disallowances. The words
''official and military'' are omitted as surplusage.
10 USC 9746. Civilian personnel in Alaska
TITLE 10 -- ARMED FORCES
Persons residing in Alaska who are and have been employed there by
the United States for at least two years, and their families, may be
transported on airplanes operated by Air Force transport agencies or,
within bulk space allocations made to the Department of the Air Force,
on vessels or airplanes operated by any military transport agency of the
Department of Defense, if --
(1) the Secretary of the Air Force considers that accommodations are
available;
(2) the transportation is without expense to the United States;
(3) the transportation is limited to one round trip between Alaska
and the United States during any two-year period, except in an emergency
such as sickness or death; and
(4) in case of travel by air --
(A) the Secretary of Transportation has not certified that commercial
air carriers of the United States that can handle the transportation are
operating between Alaska and the United States; and
(B) the transportation cannot be reasonably handled by a United
States commercial air carrier.
(Aug. 10, 1956, ch. 1041, 70A Stat. 587; Oct. 4, 1984, Pub. L.
98-443, 9(k), 98 Stat. 1708.)
Before the enactment of the National Security Act of 1947, the
transport functions covered by this section were performed only by the
Army. Under Transfer Order 26, 15 Oct. 1948, JAAF Bull. 42, 1948;
JAAFAR 4-55-1, par. 2a(1)(f), 29 Oct. 1948; AR 96-15, AFR 76-7, 5
June 1951; AR 96-20, AFR 76-6, 11 June 1953, these transport functions
also became the responsibility of the Secretary of the Air Force.
Under section 2(a)(3) of the National Security Act (as it existed
before August 10, 1949), the sea transportation functions of the Army
and Navy, and the air transportation functions of the Army, Navy, and
Air Force were respectively consolidated into the ''Military Sea
Transportation Service'', under the Department of the Navy, and the
''Military Air Transport Service'', under the Department of the Air
Force. Instead of having space on transport vessels and airplanes
operated by it for its sole use, the Air Force is allotted bulk space on
vessels and airplanes operated by military transport agencies operating
for the benefit of the Department of Defense as a whole. The words
''or, within bulk space allocations made to the Department of the Air
Force, on vessels or airplanes operated by any military transport agency
of the Department of Defense'' are inserted, in accordance with an
opinion of the Judge Advocate General of the Army (JAGA 1953/5885, 22
July 1953), concurred in by the Judge Advocate General of the Air Force,
to make clear that the rule applicable to vessels and airplanes applies
to the bulk space allocated to the Air Force. Since the authority to
perform transportation functions could again be transferred as between
the military departments, the references to airplanes of Air Force
transport agencies (as distinct from bulk space allocations thereon) is
retained.
The word ''considers'' is substituted for the words ''in the opinion
of''. The words ''Persons residing in Alaska who are and have been
employed there by the United States'', are substituted for the words
''employees of the United States, residing in Alaska, who have been in
such employment''. The word ''commercial'' is substituted for the word
''civil'' for clarity. The words ''from and after November 21, 1941'',
''and the carriage of all such air traffic shall be terminated'',
''dire'', ''the privilege herein granted'', and ''as to each eligible
individual'' are omitted as surplusage. The words ''the continental''
are omitted, since section 101(1) of this title defines the United
States as ''the States and the District of Columbia''.
1984 -- Par. (4)(A). Pub. L. 98-443 substituted ''Secretary of
Transportation'' for ''Civil Aeronautics Board''.
Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section
9(v) of Pub. L. 98-443, set out as a note under section 5314 of Title
5, Government Organization and Employees.
All functions, powers, and duties of the Civil Aeronautics Board
under this section were transferred to the Secretary of Transportation
by section 1553(a)(9) of Title 49, Appendix, Transportation, effective
Jan. 1, 1985.
1553.
10 USC ( 9748. Repealed. Pub. L. 87-651, title I, 129(1), Sept. 7,
1962, 76 Stat. 514)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 588, related to
transportation of motor vehicles for members on permanent change of
station, and is now covered by section 2634 of this title.
10 USC CHAPTER 949 -- REAL PROPERTY
TITLE 10 -- ARMED FORCES
Sec.
9771. Acceptance of donations: land for mobilization, training,
supply base, or aviation field.
(9772. Repealed.)
9773. Acquisition and construction: air bases and depots.
(9774, 9775. Repealed.)
9776. Emergency construction: fortifications.
9777. Permits: military reservations; landing ferries, erecting
bridges, driving livestock.
9778. Licenses: military reservations; erection and use of
buildings; Young Men's Christian Association.
9779. Use of public property.
9780. Acquisition of buildings in District of Columbia.
9781. Disposition of real property at missile sites.
1987 -- Pub. L. 100-180, div. B, subdiv. 3, title II, 2325(b),
Dec. 4, 1987, 101 Stat. 1221, added item 9781.
1982 -- Pub. L. 97-214, 10(a)(9)(B), July 12, 1982, 96 Stat. 175,
struck out item 9774 ''Construction: limitations''.
1980 -- Pub. L. 96-513, title V, 514(21), Dec. 12, 1980, 94 Stat.
2936, struck out item 9772 ''Reservation and use for air base or testing
field''.
1973 -- Pub. L. 93-166, title V, 509(e), Nov. 29, 1973, 87 Stat.
678, substituted ''Construction: limitations'' for ''Construction of
quarters: limitations on space and cost'' in item 9774.
1971 -- Pub. L. 92-145, title V, 509(b), Oct. 27, 1971, 85 Stat.
408, struck out item 9775 ''Quarters: officers''.
1958 -- Pub. L. 85-861, 1(203)(B), Sept. 2, 1958, 72 Stat. 1542,
added item 9780.
General military law provisions, see section 2662 et seq. of this
title.
Property records, see section 2721 of this title.
10 USC 9771. Acceptance of donations: land for mobilization,
training, supply base, or aviation field
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may accept for the United States a
gift of --
(1) land that he considers suitable and desirable for a permanent
mobilization, training, or supply base; and
(2) land that he considers suitable and desirable for an aviation
field, if the gift is from a citizen of the United States and its terms
authorize the use of the property by the United States for any purpose.
(Aug. 10, 1956, ch. 1041, 70A Stat. 588.)
10:1344 (last 40 words) is omitted as executed. The words ''tract or
tracts'', in 10:1342 and 1344, are omitted as surplusage. The words
''and remount station'', in 10:1342, are omitted, since the property and
civilian personnel of the Remount Service of the Quartermaster Corps
were transferred to the Department of Agriculture by the Act of April
21, 1948, ch. 224, 62 Stat. 197 (7 U.S.C. 436-438). The words ''by
the United States for any purpose'' are substituted for the words ''for
any other service of the United States which may hereafter appear
desirable'', in 10:1342. The words ''from any person'', in 10:1344, are
omitted as surplusage.
10 USC ( 9772. Repealed. Pub. L. 94-579, title VII, 704(a), Oct 21,
1976, 90 Stat. 2792)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 588, authorized
unappropriated public land or other property of United States to be
reserved or used for air bases or testing fields.
Section 704(a) of Pub. L. 94-579 provided that this section is
repealed effective on and after Oct. 21, 1976.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see note
under section 1701 of Title 43, Public Lands.
10 USC 9773. Acquisition and construction: air bases and depots
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force shall determine the sites of such
additional permanent air bases and depots in all strategic areas of the
United States and the Territories, Commonwealths, possessions, and
holdings as he considers necessary. He shall determine when the
enlargement of existing air bases and depots is necessary for the
effective peacetime training of the Air Force.
(b) In determining the sites of new air bases and depots, the
Secretary shall consider the following regions for the purposes
indicated --
(1) the Atlantic northeast, for training in cold weather and in fog;
(2) the Atlantic southeast and Caribbean areas, for training in
long-range operations, especially those incident to reinforcing the
defenses of the Panama Canal;
(3) the southeastern United States, to provide a depot necessary to
maintain the Air Force;
(4) the Pacific northwest, to establish and maintain air
communication with Alaska;
(5) Alaska, for training under conditions of extreme cold;
(6) the Rocky Mountain area, to provide a depot necessary to maintain
the Air Force, and for training in operations from fields in high
altitudes; and
(7) other regions, for the establishment of intermediate air bases to
provide for transcontinental movements of the Air Force for maneuvers.
(c) In selecting sites for air bases and depots covered by this
section and in determining the alteration or enlargement of existing air
bases or depots, the Secretary shall consider the need --
(1) to form the nucleus for concentration of Air Force units in time
of war;
(2) to permit, in time of peace, training and effective planning in
each strategic area for the use and expansion of commercial, municipal,
and private flying installations in time of war;
(3) to locate, in each strategic area in which it is considered
necessary, adequate storage facilities for munitions and other articles
necessary to facilitate the movement, concentration, maintenance, and
operation of the Air Force; and
(4) to afford the maximum warning against surprise attack by enemy
aircraft upon aviation of the United States and its necessary
installations consistent with maintaining, in connection with existing
or contemplated landing fields, the full power of the Air Force for
operations necessary in the defense of the United States, and in the
defense and reinforcement of the Territories, Commonwealths,
possessions, and holdings.
(d) In carrying out this section, the Secretary, on behalf of the
United States, may acquire title, in fee simple and free of encumbrance,
to any land that he considers necessary --
(1) by accepting title without cost to the United States;
(2) by exchanging military reservations or parts thereof for that
land, upon the written approval of the President; or
(3) by purchase or condemnation, if acquisition by gift or exchange
is impracticable.
(e) The Secretary may, by purchase, gift, lease, or otherwise,
acquire at desired locations bombing and machine gun ranges necessary
for practice by, and the training of, tactical units.
(f) At each air base or depot established under this section, the
Secretary shall remove or remodel existing structures as necessary; do
necessary grading; and provide buildings, utilities, communication
systems, landing fields and mats, roads, walks, aprons, docks, runways,
facilities for the storage and distribution of ammunition, fuel, oil,
necessary protection against bombs, and all appurtenances to the
foregoing.
(g) The Secretary may direct the transportation of personnel, and the
purchase, renovation, and transportation of material, that he considers
necessary to carry out this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 588.)
In subsection (a), the word ''shall'' is substituted for the words
''is authorized and directed to''. The words ''Territories,
Commonwealths,'' are substituted for the word ''Alaska'' to make it
clear that the section covers all territory of the United States. The
words ''Air Force'' are substituted for the words ''General Headquarters
Air Force and the Air Corps components of our overseas garrisons''.
In subsection (b), the words ''to provide'', ''to permit'', ''in
addition'', and ''incident to the concentration of'' are omitted as
surplusage.
In subsection (c), the introductory clause is substituted for
10:1343a (1st 41 words of 3d sentence). The words ''to locate'' are
substituted for the words ''there shall be provided''. The words
''aviation of the United States'' are substituted for the words ''our
own aviation''. The words, ''Territories, Commonwealths,'' are inserted
to conform to subsection (a). The words ''The stations shall be
suitably located'', ''of the set-up'', ''by responsible personnel'',
''there shall be provided'', ''General Headquarters'', ''in peace and
war'', ''such close and distant * * * over land and sea'', and ''The
stations and depots shall be located with a view'', and 10:1343a (4th
clause of 3d sentence) are omitted as surplusage.
In subsection (d), clause (3) is substituted for 10: 1343b (last 26
words). 10:1043b (24 words before 1st proviso) is omitted as
surplusage.
In subsection (f), the word ''shall'' is substituted for the words
''is further authorized and directed to''. The word ''provide'' is
substituted for the words ''construct, install, and equip, or complete
the construction, installation, and equipment''. The words ''technical
buildings and utilities'' are omitted as covered by the words
''buildings'' and ''utilities''. The words ''sewer, water, power,
station and aerodrome lighting'' are omitted as covered by the word
''utilities''. The words ''communication systems'' are substituted for
the words ''telephone and signal communications''. The words
''appurtenances to the foregoing'' are substituted for the words ''other
essentials''.
10 USC ( 9774. Repealed. Pub. L. 97-214, 7(1), July 12, 1982, 96 Stat.
173)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 590; Aug. 30,
1957, Pub. L. 85-241, title IV, 404(c), 71 Stat. 556; Aug. 10, 1959,
Pub. L. 86-149, title IV, 410(c), 73 Stat. 322; July 27, 1962, Pub.
L. 87-554, title V, 504(a), (c), 76 Stat. 239; Nov. 7, 1963, Pub. L.
88-174, title V, 503, 77 Stat. 325; Dec. 5, 1969, Pub. L. 91-142,
title V, 510(b), 83 Stat. 312; Oct. 27, 1971, Pub. L. 92-145, title
V, 508(a), (c), 85 Stat. 408; Nov. 29, 1973, Pub. L. 93-166, title
V, 509(e), 87 Stat. 678, related to limitations on construction.
Repeal effective Oct. 1, 1982, and applicable to military
construction projects, and to construction and acquisition of military
family housing authorized before, on, or after such date, see section
12(a) of Pub. L. 97-214, set out as an Effective Date note under
section 2801 of this title.
10 USC ( 9775. Repealed. Pub. L. 92-145, title V, 509(b), Oct. 27,
1971, 85 Stat. 408)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 590, authorized
assignment of quarters belonging to United States at an air base or
other Air Force installation to officers, grade lieutenant general down
to second lieutenant, 10 to 2 rooms, respectively, and prohibited other
assignment where quarters existed.
10 USC 9776. Emergency construction: fortifications
TITLE 10 -- ARMED FORCES
If in an emergency the President considers it urgent, a temporary air
base or fortification may be built on private land if the owner consents
in writing.
(Aug. 10, 1956, ch. 1041, 70A Stat. 591; Sept. 1, 1970, Pub. L.
91-393, 5, 84 Stat. 835.)
The word ''important'' is omitted as covered by the word ''urgent''.
The words ''upon which such work is to be placed'' are omitted as
surplusage.
1970 -- Pub. L. 91-393 struck out ''In such a case, section 175 of
title 50 does not apply.''
10 USC 9777. Permits: military reservations; landing ferries,
erecting bridges, driving livestock
TITLE 10 -- ARMED FORCES
Whenever the Secretary of the Air Force considers that it can be done
without injury to the reservation or inconvenience to the military
forces stationed there, he may permit --
(1) the landing of ferries at a military reservation;
(2) the erection of bridges on a military reservation; and
(3) the driving of livestock across a military reservation.
(Aug. 10, 1956, ch. 1041, 70A Stat. 591.)
The words ''may permit'' are substituted for the words ''shall have
authority, in his discretion, to permit''. The words ''to permit the
extension of State, county, and Territorial roads across military
reservations'' are omitted as superseded by section 2668 of this title.
In clause (3), the word ''livestock'' is substituted for the words
''cattle, sheep or other stock animals''.
10 USC 9778. Licenses: military reservations; erection and use of
buildings; Young Men's Christian Association
TITLE 10 -- ARMED FORCES
Under such conditions as he may prescribe, the Secretary of the Air
Force may issue a revocable license to the International Committee of
Young Men's Christian Associations of North America to erect and
maintain, on military reservations within the United States and the
Territories, Commonwealths, and possessions, buildings needed by that
organization for the promotion of the social, physical, intellectual,
and moral welfare of the members of the Air Force on those reservations.
(Aug. 10, 1956, ch. 1041, 70A Stat. 591.)
The words ''may issue'' are substituted for the words ''Authority is
given to * * * in his discretion, to grant permission''. The words
''Under such conditions as he may prescribe'' are substituted for the
words ''under such regulations as the Secretary of the Army may
impose''. The words ''members of the Air Force'' are substituted for
the word ''garrisons''. The words ''the Territories, Commonwealths, and
possessions'' are substituted for the words ''or its island
possessions'', for clarity.
10 USC 9779. Use of public property
TITLE 10 -- ARMED FORCES
(a) When the economy of the Air Force so requires, the Secretary of
the Air Force shall establish military headquarters in places where
suitable buildings are owned by the United States.
(b) No money appropriated for the support of the Air Force may be
spent for base gardens or Air Force exchanges. However, this does not
prevent Air Force exchanges from using public buildings or public
transportation that, in the opinion of the Secretary, are not needed for
other purposes.
(Aug. 10, 1956, ch. 1041, 70A Stat. 591; Nov. 14, 1986, Pub. L.
99-661, div. B, title VII, 2721, 100 Stat. 4042.)
In subsection (a), the words ''United States'' are substituted for
the word ''Government''.
In subsection (b), the words ''suitable space'' are substituted for
the words ''proper and suitable room or rooms''. The words ''there is
a'' are substituted for the words ''have been established''.
In subsection (c), the words ''the Secretary'' are substituted for
the words ''the Quartermaster General'', since the functions which, for
the Army, are assigned by statute to subordinate officers of the Army,
are, for the Air Force, assigned to the Secretary.
1986 -- Subsecs. (b), (c). Pub. L. 99-661 redesignated subsec. (c)
as (b) and struck out former subsec. (b) which directed the Secretary
to assign suitable space for postal purposes at each air base where
there was a post office.
10 USC 9780. Acquisition of buildings in District of Columbia
TITLE 10 -- ARMED FORCES
(a) In time of war or when war is imminent, the Secretary of the Air
Force may acquire by lease any building, or part of a building, in the
District of Columbia that may be needed for military purposes.
(b) At any time, the Secretary may, for the purposes of the
Department of the Air Force, requisition the use and take possession of
any building or space in any building, and its appurtenances, in the
District of Columbia, other than --
(1) a dwelling house occupied as such;
(2) a building occupied by any other agency of the United States; or
(3) space in such a dwelling house or building.
The Secretary shall determine, and pay out of funds appropriated for
the payment of rent by the Department of the Air Force, just
compensation for that use. If the amount of the compensation is not
satisfactory to the person entitled to it, the Secretary shall pay 75
percent of it to that person, and the claimant is entitled to recover by
action against the United States an additional amount that, when added
to the amount paid by the Secretary, is determined by the court to be
just compensation for that use.
(Added Pub. L. 85-861, 1(203)(A), Sept. 2, 1958, 72 Stat. 1542.)
In subsection (a), the words ''may acquire by lease'' are substituted
for the words ''is authorized, in his discretion, to rent or lease''.
The word ''needed'' is substituted for the word ''required''.
In subsection (b), the words ''At any time'' are inserted for
clarity. The word ''may'' is substituted for the words ''is
authorized''. The word ''agency'' is substituted for the word
''branch''. Clause (3) is inserted for clarity. The word ''determine''
is substituted for the word ''ascertain''. The words ''out of funds
appropriated for the payment of rent by'' are substituted for the words
''within the limits of the appropriations for rent made by any act
making appropriations for''. The word ''is'' is substituted for the
word ''be''. The words ''so ascertained'' and ''in the manner provided
by sections 41(20) and 250 of Title 28'' are omitted as surplusage,
since those sections were repealed in 1948 and replaced by sections
1346, 1491, 1496, 1501, 1503, 2401, 2402, and 2501 of that title.
10 USC 9781. Disposition of real property at missile sites
TITLE 10 -- ARMED FORCES
(a)(1) The Secretary of the Air Force shall dispose of the interest
of the United States in any tract of real property described in
paragraph (2) or in any easement held in connection with any such tract
of real property only as provided in this section.
(2) The real property referred to in paragraph (1) is any tract of
land (including improvements thereon) owned by the Air Force that --
(A) is not required for the needs of the Air Force and the discharge
of the responsibilities of the Air Force, as determined by the Secretary
of the Air Force;
(B) does not exceed 25 acres;
(C) was used by the Air Force as a site for one or more missile
launch facilities, missile launch control buildings, or other facilities
to support missile launch operations; and
(D) is surrounded by lands that are adjacent to such tract and that
are owned in fee simple by one owner or by more than one owner jointly,
in common, or by the entirety.
(b) The Secretary shall convey, for fair market value, the interest
of the United States in any tract of land referred to in subsection (a)
or in any easement in connection with any such tract of land to any
person or persons who, with respect to such tract of land, own lands
referred to in paragraph (2)(D) of such subsection and are ready,
willing, and able to purchase such interest for the fair market value of
such interest. Whenever such interest of the United States is available
for purchase under this section, the Secretary shall transmit a notice
of the availability of such interest to each such person.
(c) The Secretary shall determine the fair market value of the
interest of the United States to be conveyed under this section.
(d) The requirement to determine whether any tract of land described
in subsection (a)(2) is excess property or surplus property under title
II of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 481 et seq.) before disposing of such tract shall not be
applicable to the disposition of such tract under this section.
(e) The disposition of a tract of land under this section to any
person shall be subject to (1) any easement retained by the Secretary
with respect to such tract, and (2) such additional terms and conditions
as the Secretary considers necessary or appropriate to protect the
interests of the United States.
(f) The exact acreage and legal description of any tract of land to
be conveyed under this section shall be determined in any manner that is
satisfactory to the Secretary. The cost of any survey conducted for the
purpose of this subsection in the case of any tract of land shall be
borne by the person or persons to whom the conveyance of such tract of
land is made.
(g) If any real property interest of the United States described in
subsection (a) is not purchased under the procedures provided in
subsections (a) through (f), such tract may be disposed of only in
accordance with the Federal Property and Administrative Services Act of
1949.
(Added Pub. L. 100-180, div. B, subdiv. 3, title II, 2325(a), Dec.
4, 1987, 101 Stat. 1220.)
The Federal Property and Administrative Services Act of 1949,
referred to in subsecs. (d) and (g), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Provisions of the act relating to management
and disposal of Government property are classified to chapter 10 ( 471
et seq.) of Title 40, Public Buildings, Property, and Works. Title II
of that Act, is classified principally to subchapter II ( 481 et seq.)
of chapter 10 of Title 40. For complete classification of this Act to
the Code, see Short Title note set out under section 471 of Title 40 and
Tables.
10 USC CHAPTER 951 -- MILITARY CLAIMS
TITLE 10 -- ARMED FORCES
Sec.
9801. Definition.
9802. Admiralty claims against the United States.
9803. Admiralty claims by United States.
9804. Salvage claims by United States.
(9805. Repealed.)
9806. Settlement or compromise: final and conclusive.
1972 -- Pub. L. 92-417, 1(7), Aug. 29, 1972, 86 Stat. 655,
substituted ''Admiralty claims against the United States'' for ''Damage
by United States vessels; towage and salvage of United States vessels''
in item 9802.
1960 -- Pub. L. 86-533, 1(7)(B), June 29, 1960, 74 Stat. 247,
struck out item 9805 ''Reports to Congress''.
General military law provisions, see section 2731 et seq. of this
title.
10 USC 9801. Definition
TITLE 10 -- ARMED FORCES
In this chapter, the term ''settle'' means consider, ascertain,
adjust, determine, and dispose of a claim, whether by full or partial
allowance or by disallowance.
(Aug. 10, 1956, ch. 1041, 70A Stat. 591; Dec. 4, 1987, Pub. L.
100-180, div. A, title XII, 1231(19)(B), 101 Stat. 1161.)
The revised section is inserted for clarity, and is based on usage in
the source laws for this revised chapter.
1987 -- Pub. L. 100-180 inserted ''the term'' after ''In this
chapter,''.
10 USC 9802. Admiralty claims against the United States
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force may settle or compromise an
admiralty claim against the United States for --
(1) damage caused by a vessel of, or in the service of, the
Department of the Air Force or by other property under the jurisdiction
of the Department of the Air Force;
(2) compensation for towage and salvage service, including contract
salvage, rendered to a vessel of, or in the service of, the Department
of the Air Force or to other property under the jurisdiction of the
Department of the Air Force; or
(3) damage caused by a maritime tort committed by any agent or
employee of the Department of the Air Force or by property under the
jurisdiction of the Department of the Air Force.
(b) If a claim under subsection (a) is settled or compromised for
$500,000 or less, the Secretary of the Air Force may pay it. If it is
settled or compromised for more than $500,000, he shall certify it to
Congress.
(c) In any case where the amount to be paid is not more than
$100,000, the Secretary of the Air Force may delegate his authority
under subsection (a) to any person in the Department of the Air Force
designated by him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 592; July 7, 1965, Pub. L.
89-67, 79 Stat. 212; Aug. 29, 1972, Pub. L. 92-417, 1(6), 86 Stat.
655; Nov. 29, 1989, Pub. L. 101-189, div. A, title XVI, 1633, 103
Stat. 1608.)
In subsection (a), the words ''consider, ascertain, adjust,
determine, compromise'' are omitted as covered by the word ''settle'',
as defined in section 9801 of this title. 10:1861 (1st proviso) is
omitted as unnecessary, since other applicable claims laws are restated
in this title. 10:1861 (2d proviso) is omitted as surplusage.
1989 -- Subsec. (c). Pub. L. 101-189 substituted ''$100,000'' for
''$10,000''.
1972 -- Subsec. (a). Pub. L. 92-417 substituted ''Admiralty claims
against the United States'' for ''Damage by United States vessels,
towage and salvage of United States vessels'' in section catchline, in
text preceding par. (1), struck out requirement that the Secretary of
the Air Force discharge his functions under the direction of the
Secretary of Defense, in par. (1), inserted ''or by other property
under the jurisdiction of the Department of the Air Force'', in par.
(2), inserted ''or to other property under the jurisdiction of the
Department of the Air Force'', and added par. (3).
1965 -- Subsec. (c). Pub. L. 89-67 substituted ''$10,000'' for
''$1,000''.
10 USC 9803. Admiralty claims by United States
TITLE 10 -- ARMED FORCES
(a) Under the direction of the Secretary of Defense, the Secretary of
the Air Force may settle, or compromise, and receive payment of a claim
by the United States for damage to property under the jurisdiction of
the Department of the Air Force or property for which the Department has
assumed an obligation to respond for damage, if --
(1) the claim is --
(A) of a kind that is within the admiralty jurisdiction of a district
court of the United States; or
(B) for damage caused by a vessel or floating object; and
(2) the amount to be received by the United States is not more than
$500,000.
(b) In exchange for payment of an amount found to be due the United
States under subsection (a), the Secretary of the Air Force may execute
a release of the claim on behalf of the United States. Amounts received
under this section shall be covered into the Treasury.
(c) In any case where the amount to be received by the United States
is not more than $100,000, the Secretary of the Air Force may delegate
his authority under subsections (a) and (b) to any person in the
Department of the Air Force designated by him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 592; July 7, 1965, Pub. L.
89-67, 79 Stat. 212; Nov. 29, 1989, Pub. L. 101-189, div. A, title XVI,
1633, 103 Stat. 1608.)
In subsection (a), the words ''consider, ascertain, adjust,
determine'' are omitted as covered by the word ''settle'', as defined in
section 9801 of this title. The words ''receive payment'' are
substituted for 10:1862 (2d sentence, less last 32 words). The words
''of a kind that is within the admiralty jurisdiction'' are substituted
for the words ''cognizable in admiralty''. Clause (2) is substituted
for 10:1862 (last proviso of last sentence). 10:1862 (1st proviso of
last sentence) is omitted as unnecessary, since other applicable claims
laws are restated in this title. The words ''by contract or otherwise''
are omitted as surplusage.
In subsection (b), the words ''of the United States as miscellaneous
receipts'' and ''to deliver'' are omitted as surplusage.
1989 -- Subsec. (c). Pub. L. 101-189 substituted ''$100,000'' for
''$10,000''.
1965 -- Subsec. (c). Pub. L. 89-67 substituted ''$10,000'' for
''$1,000''.
Admiralty and maritime jurisdiction, see Const. Art. 3, 2, cl. 1;
section 1333 of Title 28, Judiciary and Judicial Procedure; and section
740 of Title 46, Appendix, Shipping.
10 USC 9804. Salvage claims by United States
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Air Force may settle, or compromise, and
receive payment of a claim by the United States for salvage services
performed by the Department of the Air Force. Amounts received under
this section shall be covered into the Treasury.
(b) In any case where the amount to be received by the United States
is not more than $10,000, the Secretary of the Air Force may delegate
his authority under subsection (a) to any person designated by him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 592; Aug. 29, 1972, Pub. L.
92-417, 1(8), 86 Stat. 655.)
The words ''under this section'' are substituted for the words ''for
salvage services rendered''. The words ''consider, ascertain, adjust,
determine'' are omitted as covered by the word ''settle'', as defined in
section 9801 of this title. The words ''and receive payment of'' are
inserted for clarity and to conform to section 9803 of this title. The
words ''as miscellaneous receipts'' are omitted as surplusage.
1972 -- Pub. L. 92-417 designated existing provisions as subsec.
(a), and in subsec. (a) as so designated, eliminated the requirement
that the Secretary of the Air Force discharge his functions under the
direction of the Secretary of Defense, and added subsec. (b).
10 USC ( 9805. Repealed. Pub. L. 86-533, 1(7)(A), June 29, 1960, 74
Stat. 246)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 592, related to
reports to Congress with respect to claims under sections 9802, 9803,
and 9804 of this title.
10 USC 9806. Settlement or compromise: final and conclusive
TITLE 10 -- ARMED FORCES
Notwithstanding any other provision of law, upon acceptance of
payment the settlement or compromise of a claim under section 9802 or
9803 of this title is final and conclusive.
(Aug. 10, 1956, ch. 1041, 70A Stat. 593.)
The words ''for all purposes'' and ''to the contrary'', in 10:1861
and 1862; ''by the claimant and not until then'', in 10:1861; and
''but not until then'', in 10:1862; are omitted as surplusage.
10 USC CHAPTER 953 -- ACCOUNTABILITY AND RESPONSIBILITY
TITLE 10 -- ARMED FORCES
Sec.
9831. Custody of departmental records and property.
9832. Property accountability: regulations.
(9833. Repealed.)
9835. Reports of survey.
9836. Individual equipment: unauthorized disposition.
9837. Settlement of accounts: remission or cancellation of
indebtedness of enlisted members.
9838. Settlement of accounts: affidavit of squadron commander.
9839. Settlement of accounts: oaths.
9840. Final settlement of officer's accounts.
9841. Payment of small amounts to public creditors.
9842. Settlement of accounts of line officers.
1982 -- Pub. L. 97-258, 2(b)(14)(A), Sept. 13, 1982, 96 Stat.
1058, added items 9841 and 9842.
1980 -- Pub. L. 96-513, title V, 514(22)(C), Dec. 12, 1980, 94
Stat. 2937, substituted ''remission or cancellation of indebtedness of
enlisted members'' for ''deductions from pay'' in item 9837.
1962 -- Pub. L. 87-480, 1(5), June 8, 1962, 76 Stat. 94, struck
out item 9833 ''Accountability for public money; disbursing officers;
agent officers''.
Audit and settlement of accounts, see section 3521 et seq. of Title
31, Money and Finance.
Federal records, maintenance of, see section 2101 et seq. of Title
44, Public Printing and Documents.
General Accounting Office, see section 701 et seq. of Title 31,
Money and Finance.
General military law provisions, see sections 2771, 2773 of this
title.
Property records, see section 2721 of this title.
10 USC 9831. Custody of departmental records and property
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force has custody and charge of all books,
records, papers, furniture, fixtures, and other property under the
lawful control of the executive part of the Department of the Air Force.
(Aug. 10, 1956, ch. 1041, 70A Stat. 593.)
The words ''under the lawful control of the executive part of the
Department of the Air Force'' are substituted for the words
''appertaining to the Department''.
Federal records, maintenance of, see section 2101 et seq. of Title
44, Public Printing and Documents.
10 USC 9832. Property accountability: regulations
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may prescribe regulations for the
accounting for Air Force property and the fixing of responsibility for
that property.
(Aug. 10, 1956, ch. 1041, 70A Stat. 593.)
The word ''supplies'' is omitted as covered by the word ''property''.
10 USC ( 9833. Repealed. Pub. L. 87-480, 1(4), June 8, 1962, 76 Stat.
94)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 593, related to
accountability of Air Force officers for public money. See section 2773
of this title.
10 USC 9835. Reports of survey
TITLE 10 -- ARMED FORCES
(a) Under such regulations as the Secretary of the Air Force may
prescribe, any officer of the Air Force designated by him may act upon
reports of surveys and vouchers pertaining to the loss, spoilage,
unserviceability, unsuitability, or destruction of or damage to property
of the United States under the control of the Department of the Air
Force.
(b) Action taken under subsection (a) is final, except that action
holding a person pecuniarily liable for loss, spoilage, destruction, or
damage is not final until approved by the Secretary or an officer of the
Air Force designated by him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 593.)
In subsection (b), the words ''or concern'' are omitted as covered by
the definition of ''person'', in section 1 of title 1.
10 USC 9836. Individual equipment: unauthorized disposition
TITLE 10 -- ARMED FORCES
(a) No enlisted member of the Air Force may sell, lend, pledge,
barter, or give any clothing, arms, or equipment furnished him by the
United States to any person other than a member of the Air Force, or an
officer of the United States, authorized to receive it.
(b) If a member of the Air Force has disposed of property in
violation of subsection (a) and it is in the possession of a person who
is neither a member of the Air Force, nor an officer of the United
States, authorized to receive it, that person has no right to or
interest in the property, and any civil or military officer of the
United States may seize it, wherever found. Possession of such property
furnished by the United States to a member of the Air Force, by a person
who is neither a member of the Air Force nor an officer of the United
States, is prima facie evidence that it has been disposed of in
violation of subsection (a).
(c) If an officer who seizes property under subsection (b) is not
authorized to retain it for the United States, he shall deliver it to a
person who is authorized to retain it.
(Aug. 10, 1956, ch. 1041, 70A Stat. 594.)
In subsection (a), the word ''equipment'' is substituted for the
words ''military outfits, and accouterments'', in 10:1316 and 1317. The
word ''exchanged'' is omitted as surplusage. The last 22 words are
inserted to reflect various provisions authorizing transfer of the
enumerated items of property.
In subsections (a) and (b), the words ''enlisted member'' and
''member'' are substituted for the word ''soldier'', in 10:1316 and
1317.
In subsection (b), the first 16 words of the first sentence are
inserted for clarity. The words ''authorized to receive it'' are
substituted for the words ''duly authorized'', in 10:1316. The words
''such property furnished by the United States'' are substituted for the
words ''any such clothes, arms, military outfits, or accouterments'', in
10:1316.
In subsection (c), the first 19 words are inserted for clarity. The
words ''person who is authorized to retain it'' are substituted for the
words ''quartermaster (,) or other officer authorized to receive the
same'', in 10: 1316 and 1317.
Federal offenses --
Embezzlement and theft of public property, see section 641 of Title
18, Crimes and Criminal Procedure.
Malicious mischief, government property, see section 1361 of Title
18.
Purchase or receipt of military property, see section 1024 of Title
18.
10 USC 9837. Settlement of accounts: remission or cancellation of
indebtedness of enlisted members
TITLE 10 -- ARMED FORCES
If he considers it in the best interest of the United States, the
Secretary may have remitted or cancelled any part of an enlisted
member's indebtedness to the United States or any of its
instrumentalities remaining unpaid before, or at the time of, that
member's honorable discharge.
(Aug. 10, 1956, ch. 1041, 70A Stat. 594; Sept. 2, 1958, Pub. L.
85-861, 33(a)(45), 72 Stat. 1567; Sept. 7, 1962, Pub. L. 87-649,
14c(58), 76 Stat. 502; Dec. 12, 1980, Pub. L. 96-513, title V,
514(22)(A), (B), 94 Stat. 2936.)
In subsection (a), the words ''sold to the member on credit under
section 9621(a)(1) of this title'' are substituted for the words
''articles designated by the inspectors general of the Army, and sold to
him on credit by officers of the Quartermaster Corps'', in 10:875. The
words ''at cost prices'' are omitted to reflect section 9623 of this
title.
In subsection (b), the last sentence is substituted for 10:875a (1st
and 2d provisos). The words ''on current payrolls'' are omitted as
surplusage.
In subsection (c), the words ''Subject to subsection (b)'' are
substituted for the words ''in the proportions hereinbefore indicated''.
In subsection (d), the words ''If he considers it in the best
interests of the United States'' are substituted for the words ''when in
his opinion the interests of the Government are best served by such
action''. The words ''before, or at the time of'' are substituted for
the words ''either on * * * or prior thereto''.
In subsection (e), the words ''member'' and ''his'' are substituted
for the words ''officer or soldier''. The words ''or implement'' are
omitted as surplusage.
In subsection (f), the words ''or if an article of military supply
with whose issue a commissioned officer is charged is damaged'' are
substituted for 10:872 (last sentence). The words ''that he was not at
fault'' are substituted for the words ''that said deficiency (such
damage) was not occasioned by any fault on his part''.
In subsection (g), the words ''bought on credit under section
9621(a)(1) of this title'' are substituted for the words ''designated by
the officers of the Inspector-General's Department of the Army and
purchased on credit from commissaries of subsistence''.
The change (in subsec. (b)) reflects the opinion of the Judge
Advocate General of the Air Force (June 10, 1957) that the term ''rate
of pay'', as used in the source law for section 9837(b) (Act of May 22,
1928, ch. 676 (45 Stat. 698), as amended), included special pay and
incentive pay.
The change (in subsec. (f)) reflects the opinion of the Assistant
General Counsel (Fiscal Matters), Department of Defense (July 19, 1957),
that section 1304, Revised Statutes (formerly 10 U.S.C. 872), the source
law for this section, applied to warrant officers as well as to
commissioned officers.
1980 -- Pub. L. 96-513 substituted ''remission or cancellation of
indebtedness of enlisted members'' for ''deductions from pay'' in
section catchline, and struck out designation ''(d)'' before ''If he''.
1962 -- Pub. L. 87-649 repealed subsecs. (a) to (c) and (e) to (g)
which related to deductions from pay. See subsecs. (b) to (g) of
section 1007 of Title 37, Pay and Allowances of the Uniformed Services.
1958 -- Subsec. (b). Pub. L. 85-861, 33(a)(45)(A), substituted
''his pay for that month'' for ''his basic pay for that month''.
Subsec. (f). Pub. L. 85-861, 33(a)(45)(B), substituted ''an
officer'' for ''a commissioned officer'' in two places.
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. 87-649 effective on 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.
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.
Military property of United States; loss, damage, destruction, or
wrongful disposition, punishment, see section 908 of this title.
Property returns by officers, see section 3531 of Title 31, Money and
Finance.
Public Accounts to be submitted to Comptroller General; rendition of
current accounts, see section 3522 of Title 31.
10 USC 9838. Settlement of accounts: affidavit of squadron commander
TITLE 10 -- ARMED FORCES
In the settlement of the accounts of the commanding officer of a
squadron for clothing and other military supplies, his affidavit may be
received to show --
(1) that vouchers or squadron books were lost;
(2) anything tending to prove that any apparent deficiency of those
articles was caused by unavoidable accident, or by loss in actual
service without his fault; or
(3) that all or part of the clothing and supplies was properly used.
The affidavit may be used as evidence of the facts set forth, with or
without other evidence, as determined by the Secretary of the Air Force
to be just and proper under the circumstances.
(Aug. 10, 1956, ch. 1041, 70A Stat. 595.)
The word ''anything'' is substituted for the words ''any matter or
circumstance''. The words ''properly used'' are substituted for the
words ''legally used and appropriated''. The words ''of the case'' are
omitted as surplusage.
10 USC 9839. Settlement of accounts: oaths
TITLE 10 -- ARMED FORCES
The Secretary of the Air Force may detail any employee of the
Department of the Air Force to administer oaths required by law in the
settlement of an officer's accounts for clothing and other military
supplies. An oath administered under this section shall be without
expense to the person to whom it is administered.
(Aug. 10, 1956, ch. 1041, 70A Stat. 595.)
The words ''and other military supplies'' are substituted for the
words ''camp and garrison equipage, quartermaster's stores, and
ordnance'' to conform to section 9838 of this title. The words ''person
to whom administered'' are substituted for the words ''parties taking
them.'' The words ''for the purpose of'' are omitted as surplusage.
Administration of oaths by employee of Executive department, see
section 303 of Title 5, Government Organization and Employees.
Authority to administer oaths, see section 936 of this title.
10 USC 9840. Final settlement of officer's accounts
TITLE 10 -- ARMED FORCES
Before final payment upon discharge may be made to an officer of the
Air Force who has been accountable or responsible for public property,
he must obtain a certificate of nonindebtedness to the United States
from each officer to whom he was accountable or responsible for
property. He must also make an affidavit, certified by his commanding
officer to be correct, that he is not accountable or responsible for
property to any other officer. An officer who has not been responsible
for public property must make an affidavit of that fact, certified by
his commanding officer. Compliance with this section warrants the final
payment of the officer concerned.
(Aug. 10, 1956, ch. 1041, 70A Stat. 595.)
The words ''Before final payment upon discharge may be made'' are
substituted for the words ''shall warrant their final payment''. The
words ''at any time'' are omitted as surplusage. The word ''must'' is
substituted for the words ''shall be required * * * to''. The words
''He must also make'' are substituted for the words ''accompanied by''.
The words ''from each officer to whom he was accountable or responsible
for property'' are substituted for the words ''from only such of the
bureaus of the Department of the Army to which the property for which
they were accountable or responsible pertains'', since the Air Force
does not have organic bureaus created by statute. The words ''that he
is not accountable or responsible for property to any other officer''
are substituted for the words ''accompanied by the affidavits of
officers, of nonaccountability, or nonresponsibility to other bureaus of
the Department of the Army'' for the same reason. The reference to
certificates from the General Accounting Office is omitted as obsolete.
The last sentence is substituted for 10:878 (last 18 words). The last
proviso of section 2 of the Act of January 12, 1899, ch. 46, 30 Stat.
784, is not contained in 10:878. It is also omitted from the revised
section, since it related to authority of mustering officers to
administer oaths, and the general authority to administer oaths is now
contained in section 936 of this title (article 136 of the Uniform Code
of Military Justice).
10 USC 9841. Payment of small amounts to public creditors
TITLE 10 -- ARMED FORCES
When authorized by the Secretary of the Air Force, a disbursing
official of Air Force subsistence funds may keep a limited amount of
those funds in the personal possession and at the risk of the disbursing
official to pay small amounts to public creditors.
(Added Pub. L. 97-258, 2(b)(14)(B), Sept. 13, 1982, 96 Stat. 1058.)
The words ''Secretary of the Air Force'' are substituted for
''Secretary of War'' because of sections 205(a) and 207(a) and (f) of
the Act of July 26, 1947 (ch. 343, 61 Stat. 501, 502), and sections 1
and 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 157, 488,
676). For comparable provisions that apply to the Army, see the
revision note for 10:4841.
10 USC 9842. Settlement of accounts of line officers
TITLE 10 -- ARMED FORCES
The Comptroller General shall settle the account of a line officer of
the Air Force for pay due the officer even if the officer cannot account
for property entrusted to the officer or cannot make a monthly report or
return, when the Comptroller General is satisfied that the inability to
account for property or make a report or return was the result of the
officer having been a prisoner, or of an accident or casualty of war.
(Added Pub. L. 97-258, 2(b)(14)(B), Sept. 13, 1982, 96 Stat. 1058.)
The section is made applicable to the Air Force by section 207(a) and
(f) of the Act of July 26, 1947 (ch. 343, 61 Stat. 502). For comparable
provisions that apply to the Army, see the revision note for 10:4842.
10 USC TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC TITLE 10 -- APPENDIX
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
Item Page
United States Court of Military Appeals Rules of Practice and
Procedure 267
Courts of Military Review Rules of Practice and Procedure 1262
10 USC UNITED STATES COURT OF MILITARY APPEALS
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC RULES OF PRACTICE AND PROCEDURE
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
Rule
1 Name
2 Seal
3 Oath of Judges
3A Senior Judges
4 Jurisdiction
5 Scope of Review
6 Quorum
7 Process
8 Parties
9 Clerk
10 Docket
11 Calendar
12 Cases Involving Classified Information
13 Qualifications to Practice
14 Honorary Membership
15 Disciplinary Action
16 Entry of Appearance and Withdrawal by Counsel
17 Assignment of Counsel
18 Methods of Appeal
19 Time Limits
20 Form of Petition for Grant of Review
21 Supplement to Petition for Grant of Review
22 Certificate for Review, Answer, and Reply
23 Mandatory Review Case
24 Form and Content, Limitations, Style, and Classified Information
25 When Briefs are Required
26 Amicus Curiae Briefs
27 Petition for Extraordinary Relief, Writ Appeal Petition, Answer,
and Reply
28 Form of Petition for Extraordinary Relief, Writ Appeal Petition,
Answer, and Reply
29 Filing, Notice, and Briefs
30 Motions
31 Petition for Reconsideration
32 Form of Petition for Reconsideration
33 Suspension of Rules
34 Computation of Time
35 Filing of Record
36 Filing of Pleadings
37 Copies
38 Signatures
39 Service of Pleadings
40 Hearings
41 Photographing, Televising, or Broadcasting of Hearings
42 Filing, Reproduction, and Distribution
43 Issuance of Mandates
44 Judicial Conference
45 Rules Advisory Committee
10 USC GENERAL
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 1. Name
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
Section 867 of Title 10, United States Code, provides that the name
of the Court is the ''United States Court of Military Appeals.''
10 USC Rule 2. Seal
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
The official seal of the court is as follows:
In front of a silver sword, point up, a gold and silver balance
supporting a pair of silver scales, encircled by an open wreath of oak
leaves, green with gold acorns; all on a grey-blue background and
within a dark blue band edged in gold and inscribed ''UNITED STATES
COURT OF MILITARY APPEALS'' in gold letters. (E.O. 10295, September 28,
1951, 16 F.R. 10011; 3 CFR Supp.)
10 USC Rule 3. Oath of Judges
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
Before undertaking the performance of the duties of his office, each
Judge appointed to this Court shall take the oath or affirmation
prescribed in Section 453 of Title 28, United States Code.
10 USC Rule 3A. Senior Judges
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) With the Senior Judge's consent, and at the request of the Chief
Judge, a Senior Judge may perform judicial duties with the Court if an
active Judge of the Court is disabled or has recused himself or if there
is a vacancy in an active judgeship on the Court. For the periods of
time when performing judicial duties with the Court, a Senior Judge
shall receive the same pay, per diem, and travel allowances as an active
Judge; and the receipt of pay shall be in lieu of receipt of retired
pay or annuity with respect to these same periods. The periods of
performance of judicial duties by a Senior Judge shall be certified by
the Chief Judge and recorded by the Clerk of Court. The Clerk of Court
shall notify the appropriate official to make timely payments of pay and
allowances with respect to periods of time when a Senior Judge is
performing judicial duties with the Court and shall notify the
Department of Defense Military Retirement Fund to make appropriate
adjustments in the Senior Judge's retired pay or annuity. See Article
142(e)(2), Uniform Code of Military Justice, 10 USC 942(e)(2).
(b) In addition to the performance of judicial duties with the Court,
a Senior Judge may, at the request of the Chief Judge and with the
Senior Judge's consent, perform such other duties as the Chief Judge may
request or the Court may direct. Such other duties may include, but are
not limited to, service as a special master or as an adviser on Court
operations, administration, and rules; representation of the Court at
conferences, seminars, committee meetings or other official or
professional functions; coordination of or assistance with conferences
being conducted by the Court; and assistance in the compilation of
history or archives of the Court. A Senior Judge shall not receive pay
for the performance of such other duties with the Court but may be paid
per diem and travel allowance to reimburse expenses incurred by the
Senior Judge while performing such duties.
(c) Whether in the performance of judicial duties or other duties, a
Senior Judge shall be provided such administrative and secretarial
assistance, office space, and access to the Courthouse, other public
buildings, court files, and related information, as the Chief Judge
considers appropriate for the performance of those duties by the Senior
Judge.
(d) The title of Senior Judge may not be used in any way for personal
gain or in connection with any business activity, advertisement, or
solicitation of funds. However, the title of a Senior Judge may be
referred to in any professional biography or listing and may be used in
connection with any judicial or other duties that the Chief Judge
requests the Senior Judge to perform.
(e) No Senior Judge of the Court may engage in the practice of law in
connection with any matter that involves an investigation or trial for
any matter arising under the Uniform Code of Military Justice or
appellate review of any court-martial proceeding by a Court of Military
Review, the United States Court of Military Appeals, or the Supreme
Court of the United States.
(f) These rules shall apply to ''senior judges'' as defined by
Article 142(e)(1), UCMJ, 10 USC 942(e)(1) and are promulgated pursuant
to Article 142(e)(5), UCMJ, 10 USC 942(e)(5).
(Added Sept. 29, 1990, eff. Oct. 1, 1990.)
10 USC Rule 4. Jurisdiction
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) The jurisdiction of the Court is as follows:
(1) General or flag officers; death sentences. Cases in which the
sentence, as affirmed by a Court of Military Review, affects a general
or flag officer, or extends to death. See Rule 18(a)(3);
(2) Certified by a Judge Advocate General. Cases reviewed by a Court
of Military Review, including decisions on appeal by the United States
under Article 62, Uniform Code of Military Justice (UCMJ), 10 U.S.C.
862, or on application for extraordinary relief filed therein, which a
Judge Advocate General forwards by certificate for review to the Court.
See Rule 18(a)(2);
(3) Petitions by the accused. Cases reviewed by a Court of Military
Review, including decisions on appeal by the United States under Article
62, UCMJ, 10 U.S.C. 862, in which, upon petition of the accused and on
good cause shown, the Court has granted review. See Rule 18(a)(1).
(b) Extraordinary Writs. (1) The court may, in its discretion,
entertain petitions for extraordinary relief including, but not limited
to, writs of mandamus, writs of prohibition, writs of habeas corpus, and
writs of error coram nobis. See 28 U.S.C. 1651(a) and Rules 18(b),
27(a) and 28.
(2) The court may also, in its discretion, entertain a writ appeal
petition to review a decision of a Court of Military Review on a
petition for extraordinary relief. See Rules 18(a)(4), 19(e), 27(b) and
28.
(c) Rules not to affect jurisdiction. These Rules shall not be
construed to extend or to limit the jurisdiction of the United States
Court of Military Appeals as established by law.
(As amended Oct. 1, 1987.)
10 USC Rule 5. Scope of Review
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
The Court acts only with respect to the findings and sentence as
approved by reviewing authorities, and as affirmed or set aside as
incorrect in law by a Court of Military Review, except insofar as it may
take action on a certificate for review or a petition for review of a
decision by a Court of Military Review on appeal by the United States
under Article 62, UCMJ, 10 U.S.C. 862, or to grant extraordinary relief
in aid of its jurisdiction, including the exercise of its supervisory
powers over the administration of the Uniform Code of Military Justice.
The Court may specify or act on any issue concerning a matter of law
which materially affects the rights of the parties.
(As amended Oct. 1, 1987.)
10 USC Rule 6. Quorum
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Two judges shall constitute a quorum. The concurrence of two
judges shall be required for a final resolution of any matter before the
Court, subject to subsections (b) and (c).
(b) A single judge may, provided such action does not finally dispose
of a petition or a case pending before the Court, act upon any request
for relief; may direct the issuance of an order to show cause; and may
order oral argument with respect to any request for relief. See Rules
15(f) and 27(a)(4).
(c) If no judge is present, the Clerk may adjourn the Court from day
to day. See Rule 9(d).
10 USC Rule 7. Process
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
All process of the Court, except mandates, shall be in the name of
the United States and shall contain the names and the military rank or
civilian office, if any, of the parties.
10 USC Rule 8. Parties
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) The title of any case filed with the Court shall contain the
name, military rank and service number of an accused and, where
appropriate, the official military or civilian title of any named party
who is an agent or officer of the United States acting in such official
capacity.
(b) The party petitioning for grant of review of a decision of a
Court of Military Review, whether from a decision on appeal by the
United States under Article 62, UCMJ, 10 U.S.C. 862, or from a decision
affecting the findings or sentence or both of a court-martial, or from a
decision on application for extraordinary relief, will be deemed to be
the appellant. Other named parties will be deemed to be appellees.
(c) When a certificate for review is filed by a Judge Advocate
General, the party prevailing below on the certified issues will be
deemed to be the appellee. The other party will be deemed to be the
appellant.
(d) When a mandatory review case is filed, the accused therein will
be deemed to be the appellant. The other party will be deemed to be the
appellee.
(e) If a petition for grant of review or a certificate for review is
filed after an action has been docketed in the same case, the party on
whose behalf relief is sought in the second action will be deemed to be
the appellant or cross-appellant, depending on whether such party has
been deemed to be the appellant or appellee in the first action. The
other party in the second action will be deemed to be the appellee or
cross-appellee in a similar manner.
(f) The party or parties filing a petition for extraordinary relief
with the Court will be deemed to be the petitioner or petitioners, and
other parties named in such petition will be deemed to be the
respondents. When an accused has not been named as a party to an action
involving a petition for extraordinary relief, such accused shall be
identified by the petitioner and shall be designated as the real party
in interest.
(As amended Oct. 1, 1987.)
10 USC CLERK'S OFFICE
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 9. Clerk
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Location of office. The Clerk's office shall be located in the
courthouse at 450 E Street, Northwest, Washington, D.C. 20442.
(b) Oath of office. Before entering upon the execution of his
office, the Clerk shall take the oath or affirmation prescribed in
Section 951 of Title 28, United States Code.
(c) Custodian of records. The Clerk shall serve as custodian of the
records of the Court, and shall not permit any documents relative to a
case to be taken from the courthouse except by order of a judge of the
Court. However, after final action on a case in which documents
containing classified information have been filed with the Court under
Rule 24(d), the Clerk shall, as Court Security Officer, consult with the
originating armed service to determine the appropriate disposition of
such documents. See Rule 12.
(d) Disposition of procedural matters. Notwithstanding the
provisions of Rule 6, the Clerk, on behalf of the Court, may entertain
and act on any motion seeking an enlargement of time not to exceed 20
days, leave to withdraw as counsel, or permission to file citations,
pleadings, or other papers relative to a matter pending before the
Court, provided such motion is not opposed and such action does not
substantially affect the rights of the parties or the ultimate decision
in the case. The order of the Clerk shall be deemed the order of the
Court.
(e) Hours. The Clerk's office shall be open for the filing of
pleadings and other papers from 9:00 a.m. to 5:00 p.m. every day except
Saturdays, Sundays, and legal holidays, or as otherwise ordered by the
Court. See Rule 36(a).
10 USC Rule 10. Docket
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Maintenance of docket. The Clerk shall maintain:
(1) a regular docket for cases subject to mandatory review, petitions
to review convictions or sentences affirmed by a Court of Military
Review, and certificates for review of final decisions in a Court of
Military Review;
(2) a miscellaneous docket for petitions for grant of review and
certificates for review of decisions by a Court of Military Review on
appeal by the United States under Article 62, UCMJ, 10 U.S.C. 862,
petitions for extraordinary relief, writ appeal petitions, and
certificates for review of decisions on application for extraordinary
relief in a Court of Military Review; and
(3) a special docket of the matters arising under Rule 15 concerning
complaints of unprofessional conduct against a member of the Bar of this
Court.
The receipt of all pleadings or other papers filed, and any action by
the Court relative to a case, will be entered in the appropriate docket.
Entries in each docket will show the date, the nature of each pleading
or other paper filed, and the substance of any action by the Court.
From time to time, the Clerk shall, under the general direction of the
Court, determine the appropriate manner for keeping and preserving the
dockets.
(b) Docket number. In a mandatory review case, a docket number will
be assigned upon receipt of the record from the Judge Advocate General.
In all other cases, a docket number will be assigned upon receipt of the
initial pleading. All pleadings or other papers subsequently filed in
the case will bear the assigned docket number.
(c) Notice of docketing. The Clerk shall notify the appropriate
Judge Advocate General and all parties of the receipt and docketing of a
case and the docket number assigned. In the case of a petition for
extraordinary relief, the Clerk shall also notify all named respondents
of the petition's receipt and docketing.
(d) Entry of final decision. The Clerk shall prepare, sign, and
enter the final decision following receipt of the opinion of the Court.
If a final decision is rendered without opinion, the Clerk shall
prepare, sign, and enter the final order following the instructions of
the Court. The Clerk shall, on the date a final decision is entered,
distribute to all parties and the Judge Advocate General a copy of the
opinion, if any, or of the final order if no opinion was written, and
notice of the date of entry thereof.
(As amended Oct. 1, 1987.)
10 USC Rule 11. Calendar
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) The Clerk shall prepare a calendar, consisting of the cases that
have become or will be available for hearing, which shall be arranged in
the first instance in the chronological order in which petitions for
grant of review have been granted or certified questions and mandatory
appeals have been filed with the Court. The arrangement of cases on the
calendar shall be subject to modification in light of the availability
of pleadings, extensions of time to file briefs, and orders to advance
or specially set cases for hearing.
(b) The Clerk shall periodically publish hearing lists in advance of
each Court session for the convenience of counsel and the information of
the public.
(c) The Clerk shall advise counsel when they are required to be
present in Court. See Rule 40(b)(1).
(d) Cases may be advanced or postponed by order of the Court, upon
motion duly made showing good cause therefor, or on the Court's own
motion. See Rule 40(b).
(e) Two or more cases involving the same question may, on the Court's
own order or by special permission, be heard together as one case or on
such terms as may be prescribed.
10 USC Rule 12. Cases Involving Classified Information
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Court Security Officer. The Clerk shall serve as the Court
Security Officer for the purposes of providing for the protection of
classified information, and may designate such assistants as are
appropriate for such purposes.
(b) Classified documents. Documents containing classified
information will be stored and safeguarded by the Court Security Officer
in accordance with the Department of Defense Information Security
Program Regulation (DOD Regulation 5200.1-R) or the Security Procedures
Established by the Chief Justice of the United States pursuant to Pub.
L. 96-456, 94 Stat. 2025, as appropriate. See Rules 9(c) and 24(d).
(c) Security clearances. Security clearances for personnel on the
staff of the Court will be obtained by the Court Security Officer in
accordance with the Department of Defense Information Security Program
Regulation.
10 USC ATTORNEYS
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 13. Qualifications to Practice
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) No attorney shall practice before this Court unless the attorney
has been admitted to the bar of this Court or is appearing pro hac vice
by leave of the Court. See Rule 38(b).
(b) It shall be a requisite to the admission of attorneys to the Bar
of this Court that they be a member of the Bar of a Federal court or of
the highest court of a State, Territory, Commonwealth, or Possession,
and that their private and professional character shall appear to be
good.
(c) Each applicant shall file with the Clerk an application for
admission on the form prescribed by the Court, together with a
certificate from the presiding judge, clerk, or other appropriate
officer of a court specified in (b) above, or from any other appropriate
official from the Bar of such court, that the applicant is a member of
the Bar in good standing and that such applicant's private and
professional character appear to be good. The certificate of good
standing must be an original and must be dated within one year of the
date of the application.
(d) If the documents submitted demonstrate that the applicant
possesses the necessary qualifications, the Clerk shall so notify the
applicant and he or she may be admitted without appearing in Court by
subscribing a written oath or affirmation. However, if the applicant so
elects, the admission may be on oral motion by a member of the Bar of
this Court in open court. Upon admission, the Clerk shall issue a
wallet-size admission card to the attorney. In addition, if the
attorney desires a large certificate of admission suitable for framing,
a fee of $25 will be required and may accompany the application papers.
(e) Each applicant shall take or subscribe the following oath or
affirmation:
''I * * *, do solemnly swear (or affirm) that I will support the
Constitution of the United States, and that I will conduct myself, as an
attorney and counsellor of this Court, uprightly and according to law.
So help me God.''
(f) Admissions will be granted on motion of the Court or upon oral
motion by a person admitted to practice before the Court. Special
admissions, may be held by order of the Court.
(As amended July 16, 1990, eff. Aug. 15, 1990.)
10 USC Rule 14. Honorary Membership
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
Honorary membership in the Bar of the Court may be granted from time
to time to distinguished members of the legal profession of other
nations who are knowledgeable in the fields of military justice or the
law of war. A candidate for honorary membership will be presented at
the Bar in person after the nomination has previously been approved by
the Court. A certificate of honorary membership in the Bar will be
presented to the person so honored.
10 USC Rule 15. Disciplinary Action
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) The Model Rules of Professional Conduct of the American Bar
Association are hereby adopted as the rules of conduct for members of
the Bar of this Court. After notice, investigation, and hearing as
provided in this rule, the Court may take any disciplinary action it
deems appropriate for failure to comply with the Model Rules of
Professional Conduct.
(b) For purposes of this rule, the Court shall appoint an
Investigations Committee consisting of five members of the Bar of this
Court who shall be appointed for a period of three years. The
Investigations Committee shall consider such complaints as may be
referred to it for investigation, including the taking of evidence, and
shall submit a report of such investigation to the Court.
(c) Upon receipt and docketing of a written complaint under oath of
unprofessional conduct against a member of its Bar, the Court will cause
a copy thereof to be served by certified mail, return receipt requested,
on the attorney thus accused. The Clerk will, in addition, acknowledge
by letter, to the person filing such complaint, the receipt thereof.
The accused attorney will answer the complaint by filing a formal
pleading responsive to each allegation of misconduct within 30 days of
receipt of the complaint, but extensions of time may be granted by order
of the Court on the accused attorney's application. A complaint will be
docketed only if the Court makes a preliminary determination that it is
not frivolous
(d) On consideration of the complaint and answer, and if it believes
a substantial basis exists for the complaint, the Court will refer the
matter to its Investigations Committee for consideration under
subsection (b). Otherwise, the Court will dismiss the complaint. Any
such investigation will be held privately, unless the accused attorney
requests that it be opened to the public.
(e) On receiving the report of the Investigations Committee, the
Court may dismiss the complaint or order the matter set down for
hearing, giving due notice to the accused attorney. At the hearing, the
accused attorney will be given opportunity to present such matters
relevant to the complaint as he or she deems appropriate and to examine
any witnesses against such attorney. All documents received in
connection with a complaint under this rule shall be furnished to the
accused attorney. A majority vote of the Court is necessary to find an
attorney guilty of unprofessional conduct and to fix any penalty.
(f) When it is shown to the Court that any member of its Bar has been
disbarred or suspended from practice by any court, such member will be
forthwith called upon to show cause within 30 days why similar action
should not be taken by this Court. Upon the filing of the member's
answer to an order to show cause, or upon the expiration of 30 days if
no answer is filed, the Court will enter an appropriate order; but no
order of disbarment or suspension will be entered except with the
concurrence of a majority of the judges participating.
(g) Penalties for unprofessional conduct may extend to reprimand,
suspension, or disbarment.
(h) Except for an order of reprimand, suspension or disbarment, no
papers, pleadings or other information relative to a complaint in a
disciplinary proceeding will be published or released to the public
without prior approval of the Court. The docket of matters arising
under this rule shall not be available to the public.
(As amended July 16, 1990, eff. Aug. 15, 1990.)
10 USC Rule 16. Entry of Appearance and Withdrawal by Counsel
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Counsel shall enter an appearance in writing before participating
in the representation of a party to an action before the Court;
however, the filing of any pleading or other paper relative to a case
which contains the signature of counsel shall constitute such an entry
of appearance. See Rules 13(a) and 38.
(b) Leave to withdraw by any counsel who has entered an appearance
under subsection (a) must be requested by motion in accordance with Rule
30. A motion by an appellate defense counsel must indicate the reasons
for the withdrawal and the provisions which have been made for continued
representation of the accused. A copy of a motion filed by an appellate
defense counsel shall be delivered or mailed to the accused by the
moving counsel.
10 USC Rule 17. Assignment of Counsel
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
Upon receipt of a notice of the docketing of a case issued under Rule
10(c), the appropriate Judge Advocate General shall designate appellate
military counsel to represent the parties, unless such counsel have
previously been designated. In a case involving a petition for
extraordinary relief wherein an accused has been denominated as the real
party in interest by a filing party or has been so designated by the
Court, the Judge Advocate General shall also designate appellate
military counsel to represent such accused.
10 USC APPEALS
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 18. Methods of Appeal
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) The Court will entertain the following appeals:
(1) Cases under Article 67(b)(3). Cases under Article 67(b)(3),
UCMJ, 10 U.S.C. 867(b)(3), including decisions by a Court of Military
Review on appeal by the United States under Article 62, UCMJ, 10 U.S.C.
862, may be appealed by the filing of a petition for grant of review by
an appellant or by counsel on behalf of an appellant substantially in
the form provided in Rule 20(a) or (b).
(2) Cases under Article 67(b)(2). Cases under Article 67(b)(2),
UCMJ, 10 U.S.C. 867(b)(2), including decisions by a Court of Military
Review on appeal by the United States under Article 62, UCMJ, 10 U.S.C.
862, which are forwarded by a Judge Advocate General by a certificate
for review must be substantially in the form provided in Rule 22(a).
(3) Cases under Article 67(b)(1). Cases under Article 67(b)(1),
UCMJ, 10 U.S.C. 867(b)(1), will be forwarded by a Judge Advocate
General by the filing of the record with the Court, together with the
form prescribed by Rule 23(a).
(4) Cases under Rule 4(b)(2). Decisions by a Court of Military
Review on petitions for extraordinary relief may be appealed by filing a
writ appeal petition and accompanying brief in accordance with Rules 24,
27(b), and 28.
(b) In addition, the Court may, in its discretion, entertain
petitions for extraordinary relief including, but not limited to, writs
of mandamus, writs of prohibition, writs of habeas corpus, and writs of
error coram nobis. See Rules 4(b)(1), 27(a) and 28.
(As amended Oct. 1, 1987.)
Article 67(b), UCMJ, 10 U.S.C. 867(b), referred to in subsec.
(a)(1), (2), and (3), was redesignated Article 67(a), UCMJ, 10 U.S.C.
867(a), by Pub. L. 101-189, div. A, title XIII, 1301(a)(2), Nov. 29,
1989, 103 Stat. 1569.
10 USC Rule 19. Time Limits
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Petition for grant of review/supplement/answer/reply. (1) A
petition for grant of review shall be filed no later than 60 days from
the earlier of:
(A) the date on which the appellant is notified of the decision of
the Court of Military Review; or
(B) the date on which a copy of the decision of the Court of Military
Review, after being served on appellate counsel of record for the
appellant (if any), is deposited in the United States mails for delivery
by first-class certified mail to the appellant at an address provided by
the appellant or, if no such address has been provided by the appellant,
at the latest address listed for the appellant in his official service
record. Under circumstances where certified mail is not available,
registered mail may be used. See Article 67(c), UCMJ, 10 U.S.C.
867(c).
(2) A certificate of notification shall be placed in the appellant's
record of trial setting forth the manner and date that the appellant was
notified of the decision of the Court of Military Review or the date
that a copy of such decision was mailed to the appellant after service
of a copy of such decision on appellate defense counsel of record.
(3) For purposes of this rule, a petition for grant of review will be
deemed to have been filed on the date when the petition has been mailed
or delivered by an appellant or by counsel on behalf of an appellant
directly to the Court.
(4) Any petition for grant of review received from an appellant or
counsel on behalf of an appellant shall, upon receipt, be accepted and
docketed by the Clerk. If it appears that such petition is not in
accord with Article 67, UCMJ, 10 U.S.C. 867, or with the Court's rules,
the United States may move to dismiss such petition.
(5)(A) Article 62, UCMJ, appeals. In cases involving a decision by a
Court of Military Review on appeal by the United States under Article
62, UCMJ, 10 U.S.C. 862, a supplement to the petition establishing good
cause in accordance with Rule 21 shall be filed no later than 20 days
after the issuance by the Clerk of a notice of docketing of such a
petition for grant of review. See Rule 10(c). An appellee's answer to
the supplement to the petition for grant of review shall be filed no
later than 10 days after the filing of such supplement. A reply may be
filed by the appellant no later than 5 days after the filing of the
appellee's answer.
(B) Other appeals. In all other appeal cases, a supplement to the
petition establishing good cause in accordance with Rule 21 shall be
filed no later than 30 days after the issuance by the Clerk of a notice
of docketing of a petition for grant of review. See Rule 10(c). An
appellee's answer to the supplement to the petition for grant of review
may be filed no later than 30 days after the filing of such supplement.
See Rule 21(e). A reply may be filed by the appellant no later than 10
days after the filing of the appellee's answer.
(6) The Court shall act promptly on a petition for grant of review.
See Article 67(c), UCMJ, 10 U.S.C. 867(c).
(7) Granted petitions. (A) Article 62, UCMJ, appeals. Where a
petition has been granted in a case involving a decision by a Court of
Military Review on appeal by the United States under Article 62, UCMJ,
10 U.S.C. 862, no further pleadings will be filed and the Court will,
whenever practicable, give priority to such cases.
(B) Other appeals. Where a petition has been granted in all other
appeal cases and briefs have been ordered, an appellant's brief shall be
filed in accordance with Rule 24 no later than 30 days after the date of
the order granting the petition. An appellee's answer shall be filed no
later than 30 days after the filing of an appellant's brief. A reply
may be filed by the appellant no later than 10 days after the filing of
the appellee's answer.
(b) Certificate for review/brief/answer/reply. (1) Article 62, UCMJ,
cases. In cases involving a decision by a Court of Military Review on
appeal by the United States under Article 62, UCMJ, 10 U.S.C. 862, a
certificate for review, together with a supporting brief in accordance
with Rule 24 on behalf of the appellant, shall be filed with the Court
by the Judge Advocate General no later than 30 days after the date of
the decision of the Court of Military Review. See Rules 22 and 34(a).
An appellee's answer shall be filed no later than 10 days after the
filing of such certificate for review and supporting brief. A reply may
be filed by the appellant no later than 5 days after the filing of the
appellee's answer.
(2) Extraordinary relief cases. In cases involving a decision by a
Court of Military Review on application for extraordinary relief filed
therein, a certificate for review, together with a supporting brief in
accordance with Rule 24 on behalf of the appellant, shall be filed with
the Court by the Judge Advocate General no later than 30 days after the
date of the decision of the Court of Military Review. See Rules 22 and
34(a). An appellee's answer shall be filed no later than 10 days after
the filing of such certificate for review and supporting brief. A reply
may be filed by the appellant no later than 5 days after the filing of
the appellee's answer.
(3) Other cases. In all other cases involving a decision by a Court
of Military Review, a certificate for review filed by the Judge Advocate
General shall be filed no later than 30 days after the date of the
decision of the Court of Military Review. See Rules 22 and 34(a). An
appellant's brief shall be filed in accordance with Rule 24 no later
than 30 days after the issuance by the Clerk of a notice of docketing of
the certificate for review. An appellee's answer shall be filed no
later than 30 days after the filing of an appellant's brief. A reply
may be filed by the appellant no later than 10 days after the filing of
the appellee's answer.
(c) Mandatory review case. The record in a mandatory review case
shall be filed with the Court by the Judge Advocate General, together
with the form prescribed by Rule 23(a), upon the expiration of the time
for filing a petition for reconsideration of the decision of the Court
of Military Review or, in the event of the filing of such petition, upon
the final disposition thereof. A brief setting forth assigned errors
shall be filed by the appellant in accordance with Rule 24 no later than
60 days after the issuance by the Clerk of a notice of docketing of the
case. An appellee's answer shall be filed no later than 60 days after
the filing of the appellant's brief. A reply may be filed by the
appellant no later than 20 days after the filing of the appellee's
answer.
(d) Petition for extraordinary relief. A petition for extraordinary
relief under Rule 4(b)(1) shall be filed, with a supporting brief and
any available record, as soon as possible but, in any event, no later
than 20 days after the petitioner learns of the action complained of.
However, a petition for a writ of habeas corpus may be filed at any
time. See Rules 27(a) and 28.
(e) Writ appeal petition. A writ appeal petition under Rule 4(b)(2)
for review of a decision by a Court of Military Review acting on a
petition for extraordinary relief shall be filed, together with any
available record, no later than 20 days after the date the decision of
the Court of Military Review is served on the appellant or appellant's
counsel. Unless it is filed in propria persona, such writ appeal
petition shall be accompanied by a supporting brief. An appellee's
answer shall be filed no later than 10 days after the filing of an
appellant's brief. A reply may be filed by the appellant no later than
5 days after the filing of the appellee's answer. See Rules 27(b) and
28.
(f) Petition for new trial. When a petition for new trial has been
filed with the Court in a case pending before the Court, a brief in
support thereof, unless expressly incorporated in the petition, shall be
filed no later than 30 days after the issuance by the Clerk of a notice
of the filing of the petition. An appellee's answer shall be filed no
later than 30 days after the filing of an appellant's brief. A reply
may be filed no later than 10 days after the filing of the appellee's
answer. See Rule 29.
(As amended Oct. 1, 1987.)
Article 67(c), UCMJ, 10 U.S.C. 867(c), referred to in subsec.
(a)(1)(B), (6), was redesignated Article 67(b), UCMJ, 10 U.S.C.
867(b), by Pub. L. 101-189, div. A, title XIII, 1301(a)(2), Nov. 29,
1989, 103 Stat. 1569.
10 USC Rule 20. Form of Petition for Grant of Review
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Form to be used by an appellant. A petition for grant of review
under Rule 18(a)(1) filed personally by an appellant will be
substantially in the following form:
United States,
XXXXXXXXXXXXXXXX
10 USC to the judges of the united states court of military appeals:
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
1. I hereby petition the Court for review of the decision of the
Court of Military Review (on appeal by the United States under Article
62, UCMJ) (on appeal under Article 66, UCMJ).
2. I understand that, unless I specifically request the contrary, a
military lawyer will be designated by the Judge Advocate General to
represent me free of charge before the U.S. Court of Military Appeals.
SIGNED: XXXXXXXXXXXXXXXXXXX
(Put your signature here)
DATED: XXXXXXXXXXXXXXXXXXX
(Put mailing date here)
MAIL TO: U.S. Court of Military
Appeals
450 E Street, N.W.
Washington, D.C. 20442
(b) Form to be used by an appellant's counsel. A petition for grant
of review under Rule 18(a)(1) filed by counsel on behalf of an appellant
will be substantially in the following form:
United States,
XXXXXXXXXXXXXXXX
10 USC to the judges of the united states court of military appeals:
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
The undersigned counsel, on behalf of (insert appellant's full name
here), hereby petitions the United States Court of Military Appeals for
a grant of review of the decision of the Court of Military Review (on
appeal by the United States under Article 62, UCMJ) (on appeal under
Article 66, UCMJ), pursuant to the provisions of Article 67(b)(3), UCMJ.
XXXXXXXXXXXXXXXXXXX
(Signature of counsel)
XXXXXXXXXXXXXXXXXXX
(Typed name of counsel)
XXXXXXXXXXXXXXXXXXX
(Address of counsel)
XXXXXXXXXXXXXXXXXXX
(Telephone no. of counsel)
(c) An appellant or counsel on behalf of an appellant shall file a
petition for grant of review in the manner and within the time limits
set forth in Rule 19(a).
(d) When a petition for grant of review is filed with the Court, the
clerk will cause a copy thereof to be delivered to the Judge Advocate
General of the appellant's service, to the appellant's counsel, if named
in the petition, and to government counsel. Upon receipt of a copy of
the petition from the Clerk, the Judge Advocate General shall designate
counsel to represent the parties unless such parties are already
represented by counsel. See Rule 17.
(e) Upon issuance by the Clerk under Rule 10(c) of a notice of
docketing of a petition for grant of review, counsel for the appellant
shall file a supplement to the petition in accordance with the
applicable time limit set forth in Rule 19(a)(5)(A) or (B), and the
provisions of Rule 21.
(As amended Oct. 1, 1987.)
10 USC Rule 21. Supplement to Petition for Grant of Review
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Review on petition for grant of review requires a showing of good
cause. Good cause must be shown by the appellant in the supplement to
the petition, which shall state with particularity the error(s) claimed
to be materially prejudicial to the substantial rights of the appellant.
See Article 59(a), UCMJ, 10 U.S.C. 859(a).
(b) The supplement to the petition shall be filed in accordance with
the applicable time limit set forth in Rule 19(a)(5)(A) or (B), shall
include an Appendix required by Rule 24(a), shall conform to the
provisions of Rule 24(b), (c), and (d), and shall contain:
(1) A statement of the errors assigned for review by the Court;
(2) A statement of the case setting forth a concise chronology,
including the results of the trial, the actions of the intermediate
reviewing authorities and the Court of Military Review, and any other
pertinent information regarding the proceedings;
(3) A statement of facts of the case material to the errors assigned,
including specific page references to each relevant portion of the
record of trial;
(4) A direct and concise argument showing why there is good cause to
grant the petition, demonstrating with particularity why the errors
assigned are materially prejudicial to the substantial rights of the
appellant. Where applicable, the supplement to the petition shall also
indicate whether the court below has:
(A) decided a question of law which has not been, but should be,
settled by this Court;
(B) decided a question of law in a way in conflict with applicable
decisions of (i) this Court, (ii) the Supreme Court of the United
States, (iii) another Court of Military Review, or (iv) another panel of
the same Court of Military Review;
(C) adopted a rule of law materially different from that generally
recognized in the trial of criminal cases in the United States district
courts;
(D) decided the validity of a provision of the Uniform Code of
Military Justice or other act of Congress, the Manual for
Courts-Martial, a service regulation, a rule of court or a custom of the
service the validity of which was directly drawn into question in that
court;
(E) decided the case (i) en banc or (ii) by divided vote;
(F) so far departed from the accepted and usual course of judicial
proceedings, or so far sanctioned such a departure by a court-martial or
other person acting under the authority of the Uniform Code of Military
Justice, as to call for an exercise of this Court's power of
supervision; or
(G) taken inadequate corrective action after remand by the Court
subsequent to grant of an earlier petition in the same case and that
appellant wishes to seek review from the Supreme Court of the United
States; and
(5) A certificate of filing and service in accordance with Rule
39(c).
(c)(1) Answer/reply in Article 62, UCMJ, appeals. An appellee's
answer to the supplement to the petition for grant of review in an
Article 62, UCMJ, case shall be filed no later than 10 days after the
filing of such supplement. A reply may be filed by the appellant no
later than 5 days after the filing of the appellee's answer.
(2) Answer/reply in other appeals. An appellee's answer to the
supplement to the petition for grant of review in all other appeal cases
may be filed no later than 30 days after the filing of such supplement,
see Rule 21(e); as a discretionary alternative in the event a formal
answer is deemed unwarranted, appellee may file with the Clerk of the
Court a short letter, within 10 days after the filing of the appellant's
supplement to the petition under Rule 21, setting forth one of the
following alternative positions: (i) that the United States submits a
general opposition to the assigned error(s) of law and relies on its
brief filed with the Court of Military Review; or (ii) that the United
States does not oppose the granting of the petition (for some specific
reason, such as an error involving an unsettled area of the law). A
reply may be filed by the appellant no later than 5 days after the
filing of the appellee's answer.
(d) The Court may, in its discretion, examine the record in any case
for the purpose of determining whether there appears to be plain error
not assigned by the appellant. The Court may then specify and grant
review of any such errors as well as any assigned errors which merit
review.
(e) Where no specific errors are assigned in the supplement to the
petition, the Court will proceed to review the petition without awaiting
an answer thereto. See Rule 19(a)(5).
(f) An appellant or counsel for an appellant may move to withdraw his
petition at any time. See Rule 30.
(As amended Oct. 1, 1987; July 16, 1990, eff. Aug. 15, 1990.)
10 USC Rule 22. Certificate for Review, Answer, and Reply
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) A certificate for review under Rule 18(a)(2) will be
substantially in the following form:
United States,
XXXXXXXXXXXXXXXX,
10 USC to the judges of the united states court of military appeals:
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
1. Pursuant to Article 67(b)(2) of the Uniform Code of Military
Justice, the record of trial and decision of the United States XXXX
Court of Military Review in the above-entitled case, are forwarded for
review.
2. The accused has been found guilty by a (type of court-martial) of
a violation of Article(s) XXX of the Uniform Code of Military Justice
and has been sentenced to (include entire adjudged sentence) on the
(insert trial date). The trial took place at (location). The convening
authority approved the following findings and sentence: XXXX. The
officer exercising general court-martial jurisdiction (where applicable)
took the following action: XXXX. The Court of Military Review (state
action taken). (Substitute different case history facts as appropriate
when the Court of Military Review decision involves an application for
extraordinary relief.)
3. It is requested that action be taken with respect to the following
issues:
XXXXXXXXXXXXXXXXXXX
The Judge Advocate General
Received a copy of the foregoing Certificate for Review this XXXX day
of XXXX, 19XX.
XXXXXXXXXXXXXXXXXXX
Appellate Government Counsel
XXXXXXXXXXXXXXXXXXX
Address and telephone no.
XXXXXXXXXXXXXXXXXXX
Appellate Defense Counsel
XXXXXXXXXXXXXXXXXXX
Address and telephone no.
(b)(1) Article 62, UCMJ, cases. A certificate for review of a
decision by a Court of Military Review on appeal by the United States
under Article 62, UCMJ, 10 U.S.C. 862, shall be filed, together with a
supporting brief in accordance with Rule 24 on behalf of the appellant,
no later than 30 days after the date of the decision of the Court of
Military Review. See Rule 34(a). An appellee's answer shall be filed
no later than 10 days after the filing of such certificate for review
and supporting brief. A reply may be filed by the appellant no later
than 5 days after the filing of the appellee's answer.
(2) Extraordinary relief cases. A certificate for review of a
decision by a Court of Military Review on application for extraordinary
relief filed therein shall be filed, together with a supporting brief in
accordance with Rule 24 on behalf of the appellant, no later than 30
days after the date of the decision of the Court of Military Review.
See Rule 34(a). An appellee's answer shall be filed no later than 10
days after the filing of such certificate for review and supporting
brief. A reply may be filed by the appellant no later than 5 days after
the filing of the appellee's answer.
(3) Other cases. In all other cases involving a decision by a Court
of Military Review, a certificate for review shall be filed no later
than 30 days after the date of the decision of the Court of Military
Review. See Rule 34(a). A brief in support of the certified issues
shall be filed by the appellant in accordance with Rule 24 no later than
30 days after the issuance by the Clerk of a notice of docketing of the
certificate for review. An appellee's answer shall be filed no later
than 30 days after the filing of an appellant's brief. A reply may be
filed by the appellant no later than 10 days after the filing of the
appellee's answer.
(As amended Oct. 1, 1987.)
10 USC Rule 23. Mandatory Review Case
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) The record in a mandatory review case under Rule 18(a)(3) will be
filed, together with the following form:
United States,
XXXXXXXXXXXXXXXX,
10 USC to the judges of the united states court of military appeals:
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
1. The appellant, (having an approved sentence to death) (being a
(general) (flag) officer), is entitled to mandatory review under Article
67(b)(1) of Uniform Code of Military Justice, 10 U.S.C. 867(b)(1).
2. The appellant was notified of the decision of the Court of
Military Review on (insert notification date).
XXXXXXXXXXXXXXXXXXX
The Judge Advocate General
Received a copy of the foregoing this XXXX day of XXXX, 19XX.
XXXXXXXXXXXXXXXXXXX
Appellate Government Counsel
XXXXXXXXXXXXXXXXXXX
Address and telephone no.
XXXXXXXXXXXXXXXXXXX
Appellate Defense Counsel
XXXXXXXXXXXXXXXXXXX
Address and telephone no.
(b) In a mandatory review case, a brief setting forth assigned errors
shall be filed by the appellant in accordance with Rule 24 no later than
60 days after the issuance by the Clerk of a notice of docketing of the
case. Such brief shall not incorporate by reference that filed before a
Court of Military Review, the convening authority, or the military
judge. An appellee's answer shall be filed no later than 60 days after
the filing of the assignment of errors and supporting brief. A reply
may be filed by the appellant no later than 20 days after the filing of
the appellee's answer.
10 USC BRIEFS
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 24. Form and Content, Limitations, Style, and Classified
Information
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Form and content. All briefs will be legible and will be
substantially as follows:
United States,
XXXXXXXXXXXXXXXX,
10 USC Index of Brief
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC (See Rule 24(c)(2))
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Table of Cases, Statutes, and Other Authorities
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Statement of the Case
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(Set forth a concise chronology including the results of the
accused's trial, action by the convening authority, the officer
exercising general court-martial jurisdiction (if any), and the Court of
Military Review as well as any other pertinent information regarding the
proceedings.)
10 USC Statement of Facts
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(Set forth a concise statement of the facts of the case material to
the issue or issues presented, including specific page references to
each relevant portion of the record of trial. Answers may adopt
appellant's or petitioner's statement of facts if there is no dispute,
may state additional facts, or, if there is a dispute, may restate the
facts as they appear from appellee's or respondent's viewpoint. The
repetition of uncontroverted matters is not desired.)
10 USC Issue(s) Presented
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(Set forth each issue granted review by the Court, raised in the
certificate for review or in the mandatory review case, or presented in
the petition for extraordinary relief, writ appeal petition, or petition
for new trial. Issues presented will be set forth in upper case letters,
and each will be followed by separate arguments pertaining to that
issue.)
10 USC Argument
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(Discuss briefly the point of law presented, citing and quoting such
authorities as are deemed pertinent.)
10 USC Conclusion
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(State briefly the relief sought as to each issue presented, for
example, reversal of the Court of Military Review decision and dismissal
of the charges, grant of a new trial, the extraordinary relief sought,
etc. No particular form of language is required, so long as the brief
concludes with a clear prayer for specific court action.)
10 USC Appendix
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(The brief of the appellant or petitioner shall include an appendix
containing a copy of the Court of Military Review decision, unpublished
opinions cited in the brief, and relevant extracts of rules and
regulations. The appellee or respondent shall similarly file an appendix
containing a copy of any additional unpublished opinions and relevant
extracts of rules and regulations cited in the answer.)
XXXXXXXXXXXXXXXXXXX
(Signature of counsel)
XXXXXXXXXXXXXXXXXXX
(Typed name of counsel)
XXXXXXXXXXXXXXXXXXX
(Address of counsel)
XXXXXXXXXXXXXXXXXXX
(Telephone no. of counsel)
10 USC certificate of filing and service
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
I certify that a copy of the foregoing was (mailed) (delivered) to
the Court and (mailed) (delivered) to (enter name of each counsel of
record) on XXX. (Date)
XXXXXXXXXXXXXXXXXXX
(Typed name and signature)
XXXXXXXXXXXXXXXXXXX
(Address and telephone no.)
(b) Page limitations. Unless otherwise authorized by order of the
Court or by motion of a party granted by the Court (see Rule 30), the
page limitations for briefs filed with the Court, not including
appendices, shall be as follows:
(1) Briefs of appellants/petitioners shall not exceed 50 pages;
(2) Answers of appellees/respondents shall not exceed 50 pages;
(3) Replies of appellants/petitioners shall not exceed 15 pages;
(c) Style. (1) Except for records of trial and as otherwise provided
by Rule 27(a)(6), all pleadings or other papers relative to a case shall
be typewritten and double spaced on white paper, 8.5 by 11 inches in
size, securely fastened at the top. Copies of typewritten pleadings and
papers may include those produced by any process capable of producing a
clearly legible block image on white paper but shall not include
ordinary carbon copies. If papers are filed in any other form, the
Clerk shall require the substitution of new copies, but such
substitution will not affect the filing date of the papers or pleadings
involved. See Rule 37.
(2) All pleadings presented to the Court shall, unless they are less
than 20 pages in length, be preceded by a subject index of the matter
contained therein, with page references, and a table of cases
(alphabetically arranged with citations), textbooks and statutes cited,
with references to the pages where cited.
(3) Citations shall conform with the Uniform System of Citation.
(4) All references to the record of trial shall include page numbers
or exhibit designations, as appropriate.
(5) No pleading or other paper filed with the Court shall incorporate
by reference any material from any other source.
(d) Classified information. Classified information will be included
in documents filed with the Court only when necessary to a proper
consideration of the issues involved. The original or one complete copy
of a document containing the classified information shall be filed with
the Court. The party filing such document shall give written notice to
the Clerk and to all other parties prior to the time of such filing that
such document contains classified information. In addition, there shall
be filed in accordance with Rule 37 an original and four copies of each
such document from which the classified information has been deleted or
omitted in such manner that the pages which contained the deleted or
omitted classified information are clearly identified.
(As amended Oct. 1, 1987.)
10 USC Rule 25. When Briefs are Required
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
Unless otherwise ordered by the Court, briefs shall be filed in all
mandatory review cases and in support of all granted petitions,
certificates for review, petitions for extraordinary relief, writ appeal
petitions, and petitions for new trial. The appellee's or respondent's
answer and appellant's or petitioner's reply in any of the foregoing
instances shall also be in the format specified in Rule 24. The answer
and reply to the supplement to a petition for grant of review shall be
in accordance with Rule 21(c).
10 USC Rule 26. Amicus Curiae Briefs
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) A brief of an amicus curiae may be filed (1) by an appellate
government or defense division of an armed service other than that in
which the case has arisen, (2) by invitation of the Court, or (3) by
motion for leave to file granted by the Court.
(b) Unless otherwise ordered by the Court, a brief of an amicus
curiae under subsection (a)(1) of this rule shall be filed no later than
10 days after the filing of the answer by the appellee or respondent.
(c) Neither the hearing nor the disposition of a case will be delayed
pending action on a motion for leave to file an amicus curiae brief or a
motion of an amicus curiae to participate in a hearing, or to await the
filing of a brief of an amicus curiae under this rule.
(d) A brief of an amicus curiae shall not exceed 30 pages, excluding
appendices.
10 USC EXTRAORDINARY RELIEF
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 27. Petition for Extraordinary Relief, Writ Appeal
Petition, Answer, and Reply
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Petition for extraordinary relief. (1) A petition for
extraordinary relief, together with any available record, shall be filed
within the time prescribed by Rule 19(d), shall be accompanied by proof
of service on all named respondents, and shall contain:
(A) A previous history of the case including whether prior actions or
requests for the same relief have been filed or are pending in this or
any other forum and the disposition or status thereof;
(B) A concise statement of the facts necessary to understand the
issue presented;
(C) A statement of the issue;
(D) The specific relief sought;
(E) The jurisdictional basis for the relief sought and the reasons
why the relief sought cannot be obtained during the ordinary course of
trial or appellate review or through administrative procedures; and
(F) Reasons for granting the writ.
(2) Service on Judge Advocate General. The Clerk shall forward a
copy of the petition to The Judge Advocate General of the service in
which the case arose.
(3) Brief, answer and reply. Each petition for extraordinary relief
shall be accompanied by a brief in support of the petition substantially
in the form specified in Rule 24, unless it is filed in propria persona.
The Court may issue an order to show cause, in which event the
respondent(s) shall file an Answer. The petitioner may file a reply to
the answer. See Rule 28(b)(1) and (c)(1).
(4) Initial Action by the Court. The Court may, as the circumstances
require, dismiss or deny the petition, order the respondent(s) to show
cause and file an answer within a time specified, or take any other
action deemed appropriate, including referring the matter to a special
master, who may be a military judge or other person, to make further
investigation, to take evidence, and to make such recommendations to the
Court as are deemed appropriate. See United States v. DuBay, 17
U.S.C.M.A. 147(1967).
(5) Hearing and final action. The court may set the matter for
hearing. However, on the basis of the pleadings alone, the Court may
grant or deny the relief sought or issue such other order in the case as
the circumstances may require.
(6) Electronic message petitions. The court will docket petitions
for extraordinary relief submitted by means of an electronic message.
(A) The message will contain the verbatim text of the petition, will
conclude with the full name and address of petitioner's counsel, and
will state when counsel placed the written petition and brief required
by subsections (a)(1) and (a)(3) in the mail addressed to the Court and
to all named respondents in accordance with Rules 36 and 39.
(B) As the Court does not possess the capability for direct receipt
of electronic messages, each such message will be transmitted to the
Chief of the Appellate Defense Division or Appellate Government
Division, as appropriate, within the Office of the Judge Advocate
General of petitioner's service, with copies to all named respondents.
Upon receipt of the message in the appropriate appellate division
office, clearly legible copies will be reproduced and filed in
accordance with Rule 37 by an appellate counsel appointed within such
office.
(b) Writ appeal petition, answer and reply. A writ appeal petition
for review of a decision by a Court of Military Review acting on a
petition for extraordinary relief shall be filed by an appellant,
together with any available record, within the time prescribed by Rule
19(e), shall be accompanied by proof of service on the appellee, and
shall contain the specific information required by subsection (a)(1)
above. In addition, unless it is filed in propria persona, such
petition shall be accompanied by a supporting brief substantially in the
form specified in Rule 24. If such petition is filed in propria
persona, appellate military counsel designated by the Judge Advocate
General in accordance with Rule 17 will file a supporting brief no later
than 20 days after the issuance by the Clerk of a notice of docketing of
the petition. The appellee shall file an answer no later than 10 days
after the filing of the appellant's brief. A reply may be filed by the
appellant no later than 5 days after the filing of the appellee's
answer. See Rule 28(b)(2) and (c)(2). Upon the filing of pleadings by
the parties, the Court may grant or deny the writ appeal petition or
take such other action as the circumstances may require.
10 USC Rule 28. Form of Petition for Extraordinary Relief, Writ Appeal
Petition, Answer, and Reply
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Petition/writ appeal petition. A Petition for extraordinary
relief or a writ appeal petition for review of a Court of Military
Review decision on application for extraordinary relief will be
accompanied by any available record and will be substantially in the
following form:
XXXXXXX,
v.
XXXXXXX,
10 USC Preamble
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
The (petitioner) (appellant) hereby prays for an order directing the
(respondent) (appellee) to:
(Briefly state the relief sought.)
10 USC I
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC History of the Case
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC (See Rule 27(a)(1)(A))
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC II
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Statement of Facts
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC (See Rule 27(a)(1)(B))
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC III
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Statement of Issue
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(Do not include citations of authority or discussion of principles.
Set forth no more than the full question of law involved.)
10 USC IV
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC The Relief Sought
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(State with particularity the relief which the petitioner or
appellant seeks to have the Court order.)
10 USC V
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Jurisdictional Statement
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC (See Rule 27(a)(1)(E))
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC VI
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Reasons for Granting the Writ
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC (Where applicable, indicate why the Court of Military Review
erred in its decision)
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
XXXXXXXXXXXXXXXXXXXXXXXX
Signature of (petitioner)
(appellant)
(counsel)
XXXXXXXXXXXXXXXXXXXXXXXX
Address & phone number of
(petitioner) (appellant) (counsel)
10 USC certificate of filing and service
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
I certify that a copy of the foregoing was (mailed) (delivered) to
the Court and (mailed) (delivered) to the (respondent) (appellee) on
XXXX. (Date)
XXXXXXXXXXXXXXXXXXX
(Typed name and signature)
XXXXXXXXXXXXXXXXXXX
(Address and telephone no.)
(b) Answer. (1) The respondent's Answer to an order to show cause,
if ordered by the Court after consideration of a petition for
extraordinary relief, shall be in substantially the same form as that of
the petition, except that the answer may incorporate the petitioner's
statement of facts, add supplementary facts, or contest the statement.
To the extent that the petitioner's statement of facts is not contested
by the respondent, it shall be taken by the Court as representing an
accurate declaration of the basis on which relief is sought. The answer
to the order to show cause will be filed no later than 10 days after
service on the respondent of the order requiring such answer, unless a
different time for filing the answer is specified in the Court's order.
(2) The appellee's answer to a writ appeal petition shall be filed no
later than 10 days after the filing of the appellant's writ appeal
petition and supporting brief.
(c) Reply. (1) A reply may be filed by the petitioner no later than
5 days after the filing of a respondent's answer to an order to show
cause.
(2) A reply may be filed by an appellant, in the case of a writ
appeal petition, no later than 5 days after the filing of an appellee's
answer.
10 USC PETITIONS FOR NEW TRIAL
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 29. Filing, Notice, and Briefs
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Filing. A petition for new trial will be filed with the Judge
Advocate General of the service concerned, who, if the case is pending
before this court, will transmit it, together with four copies, to the
Clerk's office for filing with the Court.
(b) Notice. Upon receipt of a petition for new trial transmitted by
the Judge Advocate General, the Clerk will notify all counsel of record
of such fact.
(c) Briefs. A brief in support of a petition for new trial, unless
expressly incorporated in the petition, will be filed substantially in
the form specified in Rule 24 no later than 30 days after the issuance
by the Clerk of a notice of the filing of the petition. An appellee's
answer shall be filed no later than 30 days after the filing of an
appellant's brief. A reply may be filed no later than 10 days after the
filing of the appellee's answer.
(d) Special master. The Court may refer a petition for new trial to
a special master, who may be a military judge or other person, to make
further investigation, to take evidence, and to make such
recommendations to the Court as are deemed appropriate. See United
States v. DuBay, 17 U.S.C.M.A. 147 (1967).
10 USC MOTIONS
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 30. Motions
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) All motions will be filed in writing and will state with
particularity the relief sought, the factual or legal grounds for
requesting such relief, and will include a certificate of filing and
service in accordance with Rule 39(c). A copy will be served on
opposing counsel and others who have entered an appearance in the
proceedings.
(b) Any answer to a motion will be filed no later than 5 days after
the filing of the motion.
(c) Motions will be separately filed before the Court and shall not
be incorporated in any other pleading.
(d) Once a notice of hearing has been given to counsel for the
parties, motions other than those to file recent supplemental citations
of authority without additional argument may not be filed within 5
working days prior to the date on which such hearing is scheduled except
by leave of the Court and for good cause shown.
(e) Oral motions presented by counsel by leave of the Court during a
hearing shall be forthwith reduced to writing by the moving counsel and
filed with the Court within 3 days after such hearing.
(f) Notwithstanding any other provision of these rules, the Court may
immediately act on any motion without awaiting an answer from the
opposing side, if it appears that the relief sought ought to be granted.
Any party adversely affected by such action may request
reconsideration, vacation, or modification of such action.
10 USC RECONSIDERATION
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 31. Petition for Reconsideration
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) A petition for reconsideration, may be filed no later than 10
days after the date of any order, decision, or opinion by the Court.
(b) An answer may be filed by opposing counsel no later than 5 days
after the filing of the petition.
(c) The concurrence of two judges who participated in the original
decision shall be required for the allowance of a petition for
reconsideration.
(d) Consecutive petitions for reconsideration, and any such petition
that is out of time, will not be filed unless accompanied by a motion
for leave to file the same, in accordance with Rule 30, and unless such
motion is granted by the Court.
10 USC Rule 32. Form of Petition for Reconsideration
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
A petition for reconsideration, will be filed in substantially the
following form:
XXXXXXX,
XXXXXXX,
10 USC to the judges of the united states court of military appeals:
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
The Court is requested to reconsider its (opinion) (order) (decision)
in this case for the following reason(s):
(The petition shall state with particularity the points of law or
fact which, in the opinion of the party seeking reconsideration, the
Court has overlooked or misapprehended and shall contain such argument
in support of the petition as the party desires to present. Petitions
are not to contain merely a restatement of arguments already presented.)
XXXXXXXXXXXXXXXXXXXXXXXX
(Counsel's typed name and
signature)
XXXXXXXXXXXXXXXXXXXXXXXX
(Counsel's address and telephone
no.)
10 USC certificate of filing and service
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
I certify that a copy of the foregoing was (mailed) (delivered) to
the Court and (mailed) (delivered) to the (appellant) (appellee)
(petitioner) (respondent) on XXXX. (Date)
XXXXXXXXXXXXXXXXXXX
(Typed name and signature)
XXXXXXXXXXXXXXXXXXX
(Address and telephone no.)
10 USC PRACTICE BEFORE THE COURT
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 33. Suspension of Rules
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
For good cause shown, the Court may suspend any of these rules in a
particular case, on application of a party or on its own motion, and may
order proceedings in accordance with its direction.
10 USC Rule 34. Computation of Time
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) General. In computing any period of time prescribed or allowed
by these Rules, order of the Court, or any applicable statute, the day
of the act, event, or default after which the designated period of time
begins to run is not to be included. The last day of the period so
computed is to be included unless it is a Saturday, Sunday, or legal
holiday, in which event the period runs until the end of the next day
which is neither a Saturday, Sunday, nor a holiday. When the period of
time prescribed or allowed is less than 7 days, intervening Saturdays,
Sundays, and legal holidays, will be excluded in the computation. When
a period of time is computed under these rules from the date of the
decision of a Court of Military Review, such time is to be computed from
the date of such decision unless a petition for reconsideration is
timely filed, in which event the period of time is to be computed from
the date of final action on the petition for reconsideration.
(b) Additional time when service by mail. Whenever a party has the
right or is required to do some act within a prescribed period after the
issuance of an order or the filing of a notice, pleading, or other paper
relative to a case when service thereof is made upon him by mail, 5 days
will be added to the prescribed period if the party upon whom the
service is made is within the limits of the contiguous 48 States and the
District of Columbia, and 15 days will be added if the party is located
outside these limits, including the States of Alaska and Hawaii. This
provision for additional time shall not apply, however, to the time
limitations prescribed in Rule 19(a)(1) for the filing of a petition for
grant of review.
(As amended Oct. 1, 1987.)
10 USC Rule 35. Filing of Record
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
The record shall be filed by the Judge Advocate General as soon as
practicable after the docketing of any action pursuant to Rule 4. See
Rule 27(a)(1) and (b).
10 USC Rule 36. Filing of Pleadings
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) All pleadings or other papers relative to a case will be
submitted to the Clerk's office, 450 E Street, Northwest, Washington,
D.C. 20442. Pleadings transmitted by mail or other means for filing in
the Clerk's office will be deemed to have been filed when received by
the Court or when deposited in the United States mails addressed to the
Court, whichever occurs first. See Rule 27(a)(6).
(b) If any pleading or paper is not filed or offered for filing in
compliance with these rules or an order of the Court, the Court may
issue an order to show cause, dismiss the proceeding, or return the
proferred /1/ pleading or paper on its own motion or the motion of a
party.
/1/ So in original. Probably should be ''proffered''.
10 USC Rule 37. Copies
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
An original and four legible copies of all pleadings or other papers
relative to a case will be filed. See Rule 24(d) concerning documents
which contain classified information.
10 USC Rule 38. Signatures
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) General. Except for documents filed in propria persona and those
provided for in subsection (b), all original pleadings or other papers
filed in a case will bear the signature of at least one counsel who is a
member of this Court's Bar and who is participating in the case. The
name, address, telephone number, and rank, if any, of the person
signing, together with the capacity in which such counsel signs the
paper will be included. This signature will constitute a certificate
that the statements made in the pleading or paper are true and correct
to the best of the counsel's knowledge, information, or belief, and that
the pleading or paper is filed in good faith and not for the purpose of
unnecessary delay. A counsel who signs a pleading ''for'' some other
counsel whose name is typed under such signature must, in addition,
affix their own signature in a separate signature block with their own
name, address, telephone number, and rank, if any, typed thereunder.
(b) Exception. If the counsel signing a pleading or paper presented
to the Clerk's office for filing is not a member of the Bar of this
Court, the pleading or paper shall nonetheless be received as if such
counsel were a member. However, within 30 days of the filing of a
pleading, such counsel shall, as a prerequisite to continuing in the
case as counsel of record, apply for admission to the Bar of this Court
or move to appear pro hac vice under Rule 13.
(As amended Oct. 1, 1987.)
10 USC Rule 39. Service of Pleadings
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) In general. At or before the filing of any pleading or other
paper relative to a case in the Clerk's office, service of a copy of the
same will be made on all counsel of record, including amicus curiae
counsel, in person or by mail.
(b) Certificate for review. In the case of a certificate for review,
service of a copy thereof will be made on appellate defense counsel and
appellate government counsel as prescribed in Rule 22(a).
(c) Form of certificate of filing and service. A certificate of
filing and service will be included in any pleading or other paper
substantially in the following form:
10 USC certificate of filing and service
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
I certify that a copy of the foregoing was (delivered) (mailed) to
the Court and was (delivered) (mailed) to (enter name of each counsel of
record) on XXXX. (Date)
XXXXXXXXXXXXXXXXXXX
(Typed name and signature)
XXXXXXXXXXXXXXXXXXX
(Address and telephone no.)
10 USC HEARINGS
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 40. Hearings
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Motions, petitions for grant of review, petitions for
extraordinary relief, writ appeal petitions, petitions for new trial,
and petitions for reconsideration. Except when ordered by the Court,
hearings will not be permitted on motions, petitions for grant of
review, petitions for extraordinary relief, writ appeal petitions,
petitions for new trial, or petitions for reconsideration.
(b) When and how heard. After the case is calendared as provided in
Rule 11 and all required briefs have been filed, a hearing may be
ordered by the Court.
(1) Notice of hearing. The Clerk will give at least 20 days notice
in writing to counsel for the parties of the time and place for the
hearing, unless ordered otherwise by the Court. Upon receipt of such
notice, counsel will notify the Clerk's office of the identity of the
counsel who will present oral argument.
(2) Presentation. Unless directed otherwise by the Clerk, counsel
for the appellant or petitioner will open and close the argument. When
the subject of a hearing is a motion, counsel for the moving party will
be entitled to open and close. When both parties seek review in this
Court, the accused shall be deemed the appellant for the purpose of this
rule. Argument by counsel for an amicus curiae will be allowed on
motion filed under Rule 30.
(3) Time allowed. Each side will normally be allotted 30 minutes to
present oral argument.
10 USC Rule 41. Photographing, Televising, or Broadcasting of Hearings
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) The photographing, broadcasting, or televising of any session of
the Court or other activity relating thereto is prohibited within the
confines of the courthouse unless authorized by the Court.
(b) Any violation of this rule will be deemed a contempt of this
Court and, after due notice and hearing, may be punished accordingly.
See 18 U.S.C. 401.
10 USC OPINIONS
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 42. Filing, Reproduction, and Distribution
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
All opinions of the Court will be filed with the Clerk for
preservation. The reproduction, printing, and distribution of all
opinions will be under the supervision of the Clerk.
10 USC Rule 43. Issuance of Mandates
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Mandates implementing opinions of the Court will issue as a
matter of course after the expiration of the time for filing a petition
for reconsideration under Rule 31(a). In the event such a petition for
reconsideration is filed, the mandate shall not issue until the Court
takes action on the petition. In any case, the Court may order the
mandate to issue forthwith.
(b) The effective date of any order shall be the date of that order,
and no mandate will issue. The Clerk will furnish copies of all such
orders to counsel of record and to the Judge Advocate General of the
service in which the case arose.
10 USC JUDICIAL CONFERENCE
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 44. Judicial Conference
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Purpose. There shall be held annually, at such time and place as
shall be designated by the Court, a conference for the purpose of
considering the state of business of the Court and advising on ways and
means of improving the administration of military justice. The
conference shall be called ''the Judicial Conference of the United
States Court of Military Appeals,'' and may be held in conjunction with
the Homer Ferguson Conference or otherwise.
(b) Composition. In addition to the Judges, the following shall be
invited to participate in the Conference:
(1) The Senior Judges of the Court;
(2) The Judge Advocates General;
(3) The Director, Judge Advocate Division, U.S. Marine Corps;
(4) The Chief Counsel, U.S. Coast Guard;
(5) The General Counsel, Department of Defense;
(6) The General Counsels, Committees on Armed Services, United States
Senate and House of Representatives;
(7) The Chiefs, Military Justice Divisions, of each Armed Force;
(8) The Chiefs, Appellate Defense and Appellate Government Divisions,
of each Armed Force;
(9) The Chief Judge of each Court of Military Review;
(10) The Chief of the Trial Judiciary of each Armed Force, or his
designee;
(11) The Clerk of the Court;
(12) The Central Legal Staff Director of the Court;
(13) The Chairman, Rules Advisory Committee;
(14) The deans of one or more approved law schools, or their
designees; and
(15) Members of the Bar of the Court invited by the Court.
10 USC REVISION OF RULES
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
10 USC Rule 45. Rules Advisory Committee
TITLE 10, APPENDIX -- RULES OF COURT OF MILITARY APPEALS
(a) Establishment of committee; membership. A Rules Advisory
Committee is hereby created for this Court. The Committee shall consist
of not less than 9 members of the Bar of this Court and shall be
selected by the Court, in such a way as to represent a broad
cross-section of the legal profession. Representatives from government,
the law schools, and public interest groups shall, when practicable, be
included on the Committee, as shall private practitioners. The Clerk of
the Court shall be a member of the Committee and shall serve as its
Reporter.
(b) Duties of committee. The Rules Advisory Committee appointed by
this Court shall have an advisory role concerning practice and procedure
before the Court. The Committee shall, among other things, (1) provide
a forum for continuous study of the operating procedures and published
rules of the Court; (2) serve as a conduit between the Bar, the public,
and the Court regarding the Rules of the Court, procedural matters, and
suggestions for changes; (3) draft, consider and recommend rules and
amendments to the Court for adoption; and (4) render reports from time
to time, on its own initiative and on request, to the Court on the
activities and recommendations of the Committee. The Committee shall
prepare appropriate explanatory materials with respect to any rule
change or other recommendation it submits to the Court.
(c) Terms of members; chairman. With the exception of the Clerk of
the Court, the members of the Committee shall serve three-year terms,
which will be staggered in such a way as to enable the Court to appoint
or reappoint one-third of the Committee each year. The Court shall
appoint one of the members of the Committee to serve as chairman.
10 USC TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
10 USC
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
10 USC COURTS OF MILITARY REVIEW
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
10 USC RULES OF PRACTICE AND PROCEDURE
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
Rule
1. Name and seal.
2. Jurisdiction.
3. Scope of review.
4. Quorum.
5. Place for filing papers.
6. Signing of papers.
7. Computation of time.
8. Qualification of counsel.
9. Conduct of counsel.
10. Request for appellate defense counsel.
11. Assignment of counsel.
12. Retention of civilian counsel.
13. Notice of appearance of counsel.
14. Waiver or withdrawal of appellate review.
15. Assignments of error and briefs.
16. Oral arguments.
17. En banc proceedings.
18. Orders and decisions of the Court.
19. Reconsideration.
20. Petitions for extraordinary relief, answer, and reply.
21. Appeals by the United States.
22. Petitions for new trial.
23. Motions.
24. Continuances and interlocutory matters.
25. Suspension of rules.
26. Internal rules.
27. Recording, photographing, broadcasting, or telecasting of
hearings.
Attachments
1. Formats for Direction for Review.
2. Format for Assignment of Errors and Brief on Behalf of Accused
(Rule 1).
This regulation publishes the rules of practice and procedure for
courts of military review, pursuant to the Uniform Code of Military
Justice, Article 66(f) (10 U.S.C. 866). When the title ''The Judge
Advocate General'' is used in a rule, it includes the General Counsel of
the Department of Transportation when the Coast Guard is not operating
as a service in the Navy. This regulation applies to the Judge
Advocates General of the Departments of the Air Force, the Army, and the
Navy and the General Counsel of the Department of Transportation.
10 USC Rule 1. Name and seal
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
(a) The titles of the Courts of Military Review of the respective
services are:
(1) ''United States Army Court of Military Review.''
(2) ''United States Navy-Marine Court of Military Review.''
(3) ''United States Air Force Court of Military Review.''
(4) ''United States Coast Guard Court of Military Review.''
(b) Each Court is authorized a seal in the discretion of the Judge
Advocate General concerned. The design of such seal shall include the
title of the Court.
10 USC Rule 2. Jurisdiction
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
(a) The jurisdiction of the Court is as follows:
(1) Review Under Article 66. All cases of trial by court-martial in
which the sentence as approved extends to:
(A) death; or
(B) dismissal of a commissioned officer, cadet or midshipman,
dishonorable or bad conduct discharge, or confinement for 1 year or
longer; and the accused has not waived or withdrawn appellate review.
(2) Review upon Direction of the Judge Advocate General Under Article
69. All cases of trial by general court-martial in which there has been
a finding of guilty and a sentence:
(A) for which Article 66 does not otherwise provide appellate review,
and
(B) which the Judge Advocate General forwards to the Court for
review, and
(C) in which the accused has not waived or withdrawn appellate
review.
(3) Review Under Article 62. All cases of trial by court-martial in
which a punitive discharge may be adjudged and a military judge
presides, and in which the Government appeals an order or ruling of the
military judge that terminates the proceedings with respect to a charge
or specification or excludes evidence that is substantial proof of a
fact material to the proceedings.
(4) Review Under Article 73. All petitions for a new trial in cases
of trial by court-martial which are referred to the Court by the Judge
Advocate General.
(b) Extraordinary Writs. The Court may, in its discretion, entertain
petitions for extraordinary relief including, but not limited to, writs
of mandamus, writs of prohibition, writs of habeas corpus, and writs of
error coram nobis.
(c) Effect of Rules on Jurisdiction. Nothing in these Rules shall be
construed to extend or limit the jurisdiction of the Courts of Military
Review as established by law.
10 USC Rule 3. Scope of review
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
In cases referred to it for review pursuant to Article 66, the Court
may act only with respect to the findings and sentence as approved by
the convening authority. In determining an appeal under Article 62, the
Court may act only with respect to matters of law. The Court may, in
addition, review such other matters and take such other action as it
determines to be proper under substantive law.
10 USC Rule 4. Quorum
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
(a) In Panel. When sitting in panel, a majority of the judges
assigned to that panel constitutes a quorum for the purpose of hearing
or determining any matter referred to the panel. The determination of
any matter referred to the panel shall be according to the opinion of a
majority of the judges participating in the decision. However, any
judge present for duty may issue all necessary orders concerning any
proceedings pending on (in) panel and any judge present for duty, or a
Clerk of Court or Commissioner to whom the Court has delegated
authority, may act on uncontested motions, provided such action does not
finally dispose of a petition, appeal, or case before the Court.
(b) En Banc. When sitting as a whole, a majority of the judges of
the Court constitutes a quorum for the purpose of hearing and
determining any matter before the Court. The determination of any
matter before the Court shall be according to the opinion of a majority
of the judges participating in the decision. In the absence of a
quorum, any judge present for duty may issue all necessary orders
concerning any proceedings pending in the Court preparatory to hearing
or decision thereof.
10 USC Rule 5. Place for filing papers
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
When the filing of a notice of appearance, brief, or other paper in
the office of a Judge Advocate General is required by these rules, such
papers shall be filed in the office of the Judge Advocate General of the
appropriate armed force. If transmitted by mail or other means, they
are not filed until received in such office.
10 USC Rule 6. Signing of papers
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
All formal papers shall be signed and shall show, typewritten or
printed, the signer's name, address, military grade (if any), and the
capacity in which the paper is signed. Such signature constitutes a
certification that the statements made therein are true and correct to
the best of the knowledge, information, and belief of the persons
signing the paper and that the paper is filed in good faith and not for
purposes of unnecessary delay.
10 USC Rule 7. Computation of time
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
In computing any period of time prescribed or allowed by these rules,
by order of the Court, or by any applicable statute, the day of the act,
event or default after which the designated period of time begins to run
is not to be included. The last day of the period so computed is to be
included, unless it is a Saturday, Sunday, or legal holiday, in which
event the period runs until the end of the next day which is neither a
Saturday, Sunday, nor a holiday. When the period of time prescribed or
allowed is less than 7 days, intermediate Saturdays, Sundays, and
holidays shall be excluded in the computation.
10 USC Rule 8. Qualification of counsel
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
(a) All Counsel. Counsel in any case before the Court shall be a
member in good standing of the bar of a Federal Court, the highest court
of a State or another recognized bar.
(b) Military Counsel. Assigned appellate defense and appellate
government counsel shall, in addition, be qualified in accordance with
Articles 27(b)(1) and 70(a), Uniform Code of Military Justice.
(c) Admission. Each Court may license counsel to appear before it.
Otherwise, upon entering an appearance, counsel shall be deemed admitted
pro hac vice, subject to filing a certificate setting forth required
qualifications if directed by the Court.
(d) Suspension. No counsel may appear in any proceeding before the
Court while suspended from practice by the Judge Advocate General of the
service concerned.
10 USC Rule 9. Conduct of counsel
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
The conduct of counsel appearing before the Court shall be in
accordance with rules of conduct prescribed pursuant to Rule for
Courts-Martial 109 by the Judge Advocate General of the service
concerned. In addition, the Court may exercise its inherent power to
regulate counsel appearing before it, including the power to remove on
an ad hoc basis counsel misbehaving before or in relation to their
appearance before the Court. Conduct deemed by the Court to warrant
consideration of suspension or other professional discipline shall be
reported by the Court to the Judge Advocate General concerned.
10 USC Rule 10. Request for appellate defense counsel
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
An accused may be represented before the Court by appellate counsel
detailed pursuant to Article 70(a) or by civilian counsel provided by
the accused, or both. An accused who does not waive appellate review
pursuant to Rule for Courts-Martial 1110 shall, within 10 days after
service of a copy of the convening authority's action under Rule for
Courts-Martial 1107(h), forward to the convening authority or the Judge
Advocate General
(a) A request for representation by military appellate defense
counsel, or
(b) Notice that civilian counsel has been retained or that action has
been taken to retain civilian counsel (must include name and address of
civilian counsel), or
(c) Both a request for representation by military appellate defense
counsel under Rule 10(a) and notice regarding civilian counsel under
Rule 10(b), or
(d) A waiver of representation by counsel.
10 USC Rule 11. Assignment of counsel
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
(a) When a record of trial is referred to the Court --
(1) if the accused has requested representation by appellate defense
counsel, pursuant to Article 70(c)(1), counsel detailed pursuant to
Article 70(a) will be assigned to represent the accused;
(2) if the accused gives notice that he or she has retained or has
taken action to retain civilian counsel, appellate defense counsel shall
be assigned to represent the interests of the accused pending appearance
of civilian counsel. Assigned defense counsel will continue to assist
after appearance by civilian counsel unless excused by the accused;
(3) if the accused has neither requested appellate counsel nor given
notice of action to retain civilian counsel, but has not waived
representation by counsel, appellate defense counsel will be assigned to
represent the accused, subject to excusal by the accused or by direction
of the Court.
(b) In any case --
(1) the Court may request counsel when counsel have not been
assigned;
(2) pursuant to Article 70(c)(2), appellate defense counsel will
represent the accused when the United States is represented by counsel
before the Court.
10 USC Rule 12. Retention of civilian counsel
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
When civilian counsel represents an accused before the Court, the
Court will notify counsel when the record of trial is received. If both
civilian and assigned appellate defense counsel represent the accused,
the Court will regard civilian counsel as primary counsel unless
notified otherwise. Ordinarily, civilian counsel will use the accused's
copy of the record. Civilian counsel may reproduce, at no expense to
the Government, appellate defense counsel's copy of the record.
10 USC Rule 13. Notice of appearance of counsel
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
Military and civilian appellate counsel shall file a written notice
of appearance with the Court. The filing of any pleading relative to a
case which contains the signature of counsel constitutes notice of
appearance of such counsel.
10 USC Rule 14. Waiver or withdrawal of appellate review
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
Withdrawals from appellate review, and waivers of appellate review
filed after expiration of the period prescribed by Rule for
Courts-Martial 1110(f)(1), will be referred to the Court for
consideration. At its discretion, the Court may require the filing of a
motion for withdrawal, issue a show cause order, or grant the withdrawal
without further action, as may be appropriate. The Court will return
the record of trial, in a case withdrawn from appellate review, to the
Judge Advocate General for action pursuant to Rule for Courts-Martial
1112.
10 USC Rule 15. Assignments of error and briefs
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
(a) General Provisions. Appellate counsel for the accused may file
an assignment of error if any are to be alleged, setting forth
separately each error asserted. The assignment of errors should be
included in a brief for the accused (attachment 2). An original of all
assignments of error and briefs, and as many additional copies as shall
be prescribed by each service, shall be submitted. Briefs and
assignments of errors shall be typewritten, double-spaced on white
paper, and securely fastened at the top. All references to matters
contained in the record shall show record page numbers and any exhibit
designations. A brief on behalf of the government shall be of like
character as that prescribed for the accused.
(b) Number of Briefs. Appellate counsel shall be limited to the
filing of one brief for each side unless the Court otherwise permits or
directs.
(c) Time for Filing. Any brief for an accused shall be filed within
30 days after appellate counsel has been notified of the receipt of the
record in the Office of the Judge Advocate General. If the Judge
Advocate General has directed appellate government counsel to represent
the United States, such counsel shall file an answer on behalf of the
government within 30 days after any brief and assignment of errors has
been filed on behalf of an accused. If no brief is filed on behalf of
an accused, a brief on behalf of the government may be filed within 30
days after expiration of the time allowed for the filing of a brief on
behalf of the accused.
10 USC Rule 16. Oral arguments
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
Oral arguments may be heard in the discretion of the Court upon
motion by either party or when otherwise ordered by the Court. The
motion of a party for oral argument shall be made when that party's
pleading is filed or within 5 days after the filing of any response
thereto permitted under these rules.
10 USC Rule 17. En banc proceedings
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
(a) A majority of the judges present for duty may order that any
appeal or other proceeding be considered or reconsidered, except as
indicated in section (c) below, by the Court sitting as a whole. Such
consideration or reconsideration ordinarily will not be ordered except
(1) when consideration by the full Court is necessary to secure or
maintain uniformity of decision, or (2) when the proceedings involve a
question of exceptional importance, or (3) when a sentence being
reviewed pursuant to Article 66 extends to death.
(b) A party may suggest the appropriateness of consideration or
reconsideration by the Court as a whole. If a party desires to suggest
in cases being reviewed pursuant to Article 66, that a matter be
considered initially by the Court as a whole, the suggestion must be
filed with the Court within 5 days after the government files its answer
to the assignment of errors, or the accused files a reply if permitted
to do so under Rule 15(b). In other proceedings the suggestion must be
filed with the party's initial petition or other initial pleading, or
within 5 days after the response thereto is filed. A suggestion for
reconsideration by the Court as a whole must be made within the time
prescribed by Rule 19 for filing a motion for reconsideration. No
response to the suggestion may be filed unless the Court shall so order.
(c) The suggestion of a party for consideration or reconsideration by
the Court as a whole shall be transmitted to each judge of the Court who
is present for duty, but a vote need not be taken to determine whether
the cause shall be considered or reconsidered by the Court as a whole
unless a judge requests a vote on such a suggestion made by a party. En
banc reconsideration of an en banc decision will not be held unless one
member of the original majority concurs in a vote for reconsideration.
10 USC Rule 18. Orders and decisions of the court
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
The Court shall give notice of its orders and decisions pursuant to
Rule for Courts-Martial 1203. The Court shall immediately serve such
orders or decisions, when rendered, on appellate defense counsel,
government counsel and The Judge Advocate General, or designee, as
appropriate.
10 USC Rule 19. Reconsideration
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
(a) The Court may, in its discretion and on its own motion, enter an
order to reconsider its decision in any case not later than 30 days
after service of such decision on the accused's appellate defense
counsel or on the accused, if the accused is not represented by
appellate counsel, provided a petition for grant of review or
certificate for review has not been filed with the United States Court
of Military Appeals, or a record of trial for review under Article 67(b)
has not been received by that Court. Copies of such order will be
served on appellate defense counsel and appellate government counsel.
No briefs or arguments shall be received unless the order so directs.
(b) Provided a petition for grant of review or certificate for review
has not been filed with the United States Court of Military Appeals, or
a record of trial for review under Article 67(b) has not been received
by the United States Court of Military Appeals, the Court may, in its
discretion, reconsider its decision in any case upon motion filed
either:
(1) By appellate defense counsel within 20 days after receipt by
counsel, or by the accused if the accused is not represented by counsel,
of a decision or order, or
(2) By appellate government counsel within 20 days after the decision
or order is received by counsel.
(c) A motion for reconsideration shall briefly and directly state the
grounds for reconsideration, including a statement of facts showing
jurisdiction in the Court. A reply to the motion for reconsideration
will be received by the Court only if filed within 5 days of receipt of
a copy of the motion. Oral arguments shall not be heard on a motion for
reconsideration unless ordered by the Court. The original of the motion
filed with the Court shall indicate the date of receipt of a copy of the
same by opposing counsel.
(d) The time limitations prescribed by this rule shall not be
extended under the authority of Rule 24 or Rule 25 beyond the expiration
of the time for filing a petition for review by the United States Court
of Military Appeals, except that the time for filing briefs by either
party may be extended for good cause.
(As amended May 29, 1986.)
10 USC Rule 20. Petitions for extraordinary relief, answer, and reply
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
(a) Petition for Extraordinary Relief. A petition for extraordinary
relief in the number of copies required by the Court shall be
accompanied by proof of service on each party respondent and will
contain:
(1) A previous history of the case including whether prior actions
have been filed or are pending for the same relief in this or any other
court and the disposition or status of such actions;
(2) A concise and objective statement of all facts relevant to the
issue presented and of any pertinent opinion, order or ruling;
(3) A copy of any pertinent parts of the record and all exhibits
related to the petition if reasonably available and transmittable at or
near the time the petition is filed;
(4) A statement of the issue;
(5) The specific relief sought;
(6) Reasons for granting the writ;
(7) The jurisdictional basis for relief sought and the reasons why
the relief sought cannot be obtained during the ordinary course of
appellate review;
(8) If desired, a request for appointment of appellate counsel.
(b) Format. The title of the petition shall include the name,
military grade and service number of each named party and, where
appropriate, the official military or civilian title of any named party
acting in an official capacity as an officer or agent of the United
States. When an accused has not been named as a party, the accused
shall be identified by name, military grade and service number by the
petitioner and shall be designated as the real party in interest.
(c) Electronic Message Petitions. The Court will docket petitions
for extraordinary relief submitted by means of an electronic message.
The message will conclude with the full name and address of petitioner's
counsel, if any, and will state when the written petition and brief,
when required, were placed in the mail addressed to the Court and to all
named respondents.
(d) Notice to the Judge Advocate General. Immediately upon receipt
of any petition, the Clerk shall forward a copy of the petition to the
appropriate Judge Advocate General or designee.
(e) Briefs. Each petition for extraordinary relief must be
accompanied by a brief in support of the petition unless it is filed in
propria persona. The Court may issue a show cause order in which event
the respondent shall file an answer within 10 days of the receipt of the
show cause order. The petitioner may file a reply to the answer within
5 days of receipt of the answer.
(f) Initial Action by the Court. The Court may dismiss or deny the
petition, order the respondent to show cause and file an answer within
the time specified, or take whatever other action it deems appropriate.
(g) Oral Argument and Final Action. The Court may set the matter for
oral argument. However, on the basis of the pleadings alone, the Court
may grant or deny the relief sought or make such other order in the case
as the circumstances may require. This includes referring the matter to
a special master, who need not be a military judge, to further
investigate; to take evidence; and to make such recommendations as the
Court deems appropriate.
10 USC Rule 21. Appeals by the United States
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
(a) Restricted Filing. Only a representative of the government
designated by the Judge Advocate General of the respective service may
file an appeal by the United States under Article 62.
(b) Counsel. Counsel must be qualified and appointed, and give
notice of appearance in accordance with these rules and those of the
Judge Advocate General concerned.
(c) Form of Appeal. The appeal must include those documents
specified by Rule for Courts-Martial 908 and by applicable regulations
of the Secretary concerned. A certificate of the Notice of Appeal
described in Rule for Courts-Martial 908(b)(3) must be included. The
certificate of service must reflect the date and time of the military
judge's ruling or order from which the appeal is taken, and the time and
date of service upon the military judge.
(d) Time for Filing. All procedural Rules of the Court shall apply
except as noted herein:
(1) The representative of the Government designated by The Judge
Advocate General shall decide whether to file the appeal with the Court
of Military Review. The trial counsel shall have 20 days from the date
written notice to appeal is filed with the trial Court to forward the
appeal, including an original and three copies of the record of trial,
to the representative of the Government designated by The Judge Advocate
General. The person designated by The Judge Advocate General shall
promptly file the original record with the Clerk of the Court of
Military Review and forward one copy to opposing counsel. Appellate
government counsel shall have 20 days (or more upon a showing of good
cause made by motion for enlargement within the 20 days) from the date
the record is filed with the Court to file the appeal with supporting
brief with the Court of Military Review. Should the Government decide
to withdraw the appeal after the record is received by the Court of
Military Review, appellate government counsel shall notify in writing
the Court of Military Review. Appellate brief(s) shall be prepared in
the manner prescribed by Rule 15.
(2) Appellee shall prepare an answer in the manner prescribed by Rule
15 and shall file such answer within 20 days after any filing of the
government brief.
(e) The government shall diligently prosecute all appeals by the
United States and the Court will give such appeals priority over all
other proceedings where practicable.
(As amended May 29, 1986.)
10 USC Rule 22. Petitions for new trial
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
(a) General Provisions. The Court shall, as soon as practicable
after receipt from the Judge Advocate General of a petition for a new
trial in a case pending before the Court, notify appellate counsel of
such receipt.
(b) Additional Investigation. The Court on considering a petition
for a new trial may, when it deems appropriate, refer the matter to the
Judge Advocate General who shall cause further investigation to be made
and to report the results thereof to the Court.
(c) Answer. Appellate Government counsel shall file an answer to a
petition for new trial within 10 days after being notified of the
receipt thereof by the Court.
(d) Briefs. Any brief in support of a petition for new trial shall
be filed within 10 days of appellate Government counsel's answer. If
appellate Government counsel fails to file an answer, accused may file a
brief within 10 days after the expiration of the time allowed for the
filing of appellate Government counsel's answer. Appellate Government
counsel's brief shall be filed within 10 days of the filing of accused's
brief. If accused fails to file a brief, appellate Government Counsel
may file a brief within 10 days after the expiration of the time allowed
for filing of accused's brief.
(e) Oral Argument. Except when ordered by the Court, oral argument
shall not be permitted on a petition for a new trial.
10 USC Rule 23. Motions
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
(a) Content. All motions, unless made during the course of a
hearing, shall state with particularity the relief sought and the
grounds therefor. Motions, pleadings, and other papers desired to be
filed with the Court may be combined in the same document, with the
heading indicating, for example, ''MOTION TO FILE (SUPPLEMENTAL
ASSIGNMENT OF ERRORS) (CERTIFICATE OF CORRECTION) (SUPPLEMENTAL
PLEADING)'', or ''ASSIGNMENT OF ERRORS AND MOTION TO FILE ATTACHED
REPORT OF MEDICAL BOARD''.
(b) Opposition. Any opposition to a motion shall be filed within 5
days after receipt by the opposing party of service of the motion.
(c) Leave to File. Any pleading not required by these rules shall be
accompanied by a motion for leave to file such pleading.
(d) Oral Argument. Except when ordered by the Court, oral argument
shall not be permitted on motions.
10 USC Rule 24. Continuances and interlocutory matters
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
Except as otherwise provided in Rule 19(d), the Court, in its
discretion, may extend any time limits prescribed and may dispose of any
interlocutory or other appropriate matter not specifically covered by
these rules, in such manner as may appear to be required for a full,
fair, and expeditious consideration of the case. See Rule 4.
10 USC Rule 25. Suspension of rules
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
For good cause shown, the Court acting as a whole or in panel may
suspend the requirements or provisions of any of these rules in a
particular case on petition of a party or on its own motion and may
order proceedings in accordance with its direction.
10 USC Rule 26. Internal rules
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
The Chief Judge of the Court has the authority to prescribe internal
rules for the Court.
10 USC Rule 27. Recording, photographing, broadcasting, or telecasting
of hearings
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
The recording, photographing, broadcasting, or televising of any
session of the Court or other activity relating thereto is prohibited
unless specifically authorized by the Court sitting as a whole.
10 USC ATTACHMENT 1
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
10 USC FORMAT FOR DIRECTION FOR REVIEW
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
10 USC to the honorable, the judges of the united states army* court of
military review
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
1. Pursuant to the Uniform Code of Military Justice, Article 69, and
the Rules of Practice and Procedure for Courts of Military Review, Rule
2b, the record of trial in the above-entitled case is forwarded for
review pursuant to the Uniform Code of Military Justice, Article 66.
2. The accused was found guilty of a violation of the Uniform Code of
Military Justice, Article(s) XXXX, was sentenced to XXXX on XXXX at XXXX
by XX. The convening authority (approved the sentence) (approved only
so much of the sentence as provided for XXX) and the case was received
in the United States Army* Judiciary on XXXX.
3. In review pursuant to Uniform Code of Military Justice, Article
66, it is requested that attention be given to the following issues:
A. WHETHER THE SPECIFICATION OF CHARGE I FAILS TO STATE AN OFFENSE
UNDER THE UNIFORM CODE OF MILITARY JUSTICE IN THAT IT DOES NOT ALLEGE
THAT ACCUSED'S ABSENCE WAS WITHOUT AUTHORITY.
B. WHETHER THE MILITARY JUDGE FAILED TO TAILOR HIS INSTRUCTIONS ON
SENTENCE TO THE MATTERS PRESENTED IN EXTENUATION AND MITIGATION.
JOHN H. BROWN
Major General, USA
The Judge Advocate General
Received a copy of the foregoing Direction for Review this XX day of
XXXX 19XX.
ROBERT JONES
Colonel, JAGC
Chief, Government Appellate
Division
HARRY ARNOLD
Colonel, JAGC
Chief, Defense Appellate
Division
JOHN C. SMITH, Esq.
1 Ace Street
Union, New Jersey 07083
*Use Navy-Marine Corps, Air Force, or Coast Guard as the case may be.
10 USC ATTACHMENT 2
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
10 USC FORMAT FOR ASSIGNMENT OF ERRORS AND BRIEF ON BEHALF OF ACCUSED
(RULE 16)
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
review TABLE/GRAPH OMITTED
10 USC to the honorable, the judges of the united states army /1/ court
of military review
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
On XXX, the accused was tried by general court-martial. The charges
and specifications upon which he was arraigned, his pleas, and the
court-martial's findings were as follows:
He was sentenced to dishonorable discharge, forfeiture of all pay and
allowances, confinement at hard labor for 2 years, and reduction to the
lowest enlisted grade. The convening authority approved only so much of
the sentence as provides for bad conduct discharge, forfeiture of $50.00
pay per month for 6 months, and reduction to the lowest enlisted grade.
Those facts necessary to a disposition of the assigned errors are set
forth in the argument, infra. /2/
10 USC I
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
SPECIFICATION 1 OF CHARGE I FAILS TO STATE AN OFFENSE UNDER THE
UNIFORM CODE OF MILITARY JUSTICE
The allegation of absence in Specification 1 of Charge I fails to
indicate that the absence was ''without proper authority.'' The United
States Court of Military Appeals has held that such an omission is fatal
to the legal sufficiency of the specification. United States v.
Schultz, 16 U.S.C.M.A. 488, 37 C.M.R. 108 (1967); United States v.
Fout, 3 U.S.C.M.A. 565, 13 C.M.R. 121 (1953).
WHEREFORE, the findings as to Specification 1 of Charge I should be
set aside and the sentence reassessed on the basis of the remaining
charges and specifications.
10 USC II
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
THE MILITARY JUDGE FAILED TO TAILOR HIS INSTRUCTIONS ON SENTENCE TO
THE MATTERS PRESENTED IN MITIGATION AND EXTENUATION
There was extensive evidence presented on behalf of accused to
establish his proper exemplary conduct in civilian and military life.
(R. 108-133). The military judge limited his instructions on sentence to
the maximum authorized punishment and the voting procedure.
In United States v. Wheeler, 17 U.S.C.M.A. 274, 38 C.M.R. 72 (1967),
the failure of the military judge to tailor the instructions on sentence
to the evidence presented in mitigation and extenuation was held to
require a rehearing on sentence.
WHEREFORE, the sentence should be set aside and a rehearing
authorized thereon.
Accused is an 18-year old first time offender (Post-trial Review, p.
3) and has sincerely urged his restoration to duty. (R. 100). His
immediate superiors have expressed their willingness to have accused
return to his organization. (R. 110).
WHEREFORE, only so much of the sentence as provides for forfeiture of
$50.00 pay per month for 6 months, confinement at hard labor for 6
months, and reduction to the lowest enlisted grade should be approved by
this Honorable Court.
Date: XXXXX
JOHN C. SMITH, Esq.
1 Act Street
Union, New Jersey 07083
ALBERT JONES
Captain, JAGC
Appellate Defense Counsel
HARRY ARNOLD
Colonel, JAGC
Appellate Defense Counsel
10 USC CERTIFICATE OF SERVICE
TITLE 10, APPENDIX -- RULES OF COURTS OF MILITARY REVIEW
I certify that a copy of the foregoing was mailed or delivered to
appellate Government counsel on the XXXX day of XXXXXXX, 19X.
XXXXXXXXXXXX
Name
XXXXXXXXXXXX
Address
/1/ Use Navy-Marine Corps, Air Force, or Coast Guard as the
case may be.
/2/ Where a statement of facts generally applies to all of the
assigned errors, it may be set forth here.
11 USC TITLE 11 -- BANKRUPTCY
11 USC
TITLE 11 -- BANKRUPTCY
11 USC TITLE 11 -- BANKRUPTCY
TITLE 11 -- BANKRUPTCY
Nov. 6, 1978, 92 Stat. 2549
Chap. Sec.
1. General Provisions 101
3. Case Administration 301
5. Creditors, the Debtor, and the Estate 501
7. Liquidation 701
9. Adjustment of Debts of a Municipality 901
11. Reorganization 1101
12. Adjustment of Debts of Family Farmers with Regular Annual Income
1201
13. Adjustment of Debts of an Individual With Regular Income 1301
15. /1/ United States Trustees 1501
1986 -- Pub. L. 99-554, title II, 257(a), Oct. 27, 1986, 100 Stat.
3114, added item for chapter 12.
related subject matter.
Pub. L. 95-598, title I, 101, Nov. 6, 1978, 92 Stat. 2549,
provided in part: ''The law relating to bankruptcy is codified and
enacted as title 11 of the United States Code, entitled 'Bankruptcy',
and may be cited as 11 U.S.C. -- .''
Pub. L. 95-598, title IV, 401(a), Nov. 6, 1978, 92 Stat. 2682,
provided that: ''The Bankruptcy Act (act July 1, 1898, ch. 541, 30
Stat. 544, as amended) is repealed.''
Pub. L. 95-598, title IV, 402, Nov. 6, 1978, 92 Stat. 2682, as
amended by Pub. L. 98-249, 1(a), Mar. 31, 1984, 98 Stat. 116; Pub.
L. 98-271, 1(a), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98-299, 1(a),
May 25, 1984, 98 Stat. 214; Pub. L. 98-325, 1(a), June 20, 1984, 98
Stat. 268; Pub. L. 98-353, title I, 113, 121(a), July 10, 1984, 98
Stat. 343, 345; Pub. L. 98-454, title X, 1001, Oct. 5, 1984, 98
Stat. 1745, provided that:
''(a) Except as otherwise provided in this title (sections 401 to
411), this Act (for classification to the Code, see Tables) shall take
effect on October 1, 1979.
''(b) Except as provided in subsections (c) and (d) of this section,
the amendments made by title II (sections 201 to 252) of this Act shall
not be effective.
''(c) The amendments made by sections 210, 214, 219, 220, 222, 224,
225, 228, 229, 235, 244, 245, 246, 249, and 251 of this Act shall take
effect on October 1, 1979.
''(d) The amendments made by sections 217, 218, 230, 247, 302,
314(j), 317, 327, 328, 338, and 411 of this Act shall take effect on the
date of enactment of this Act (Nov. 6, 1978).
''(e) (Repealed. Pub. L. 98-454, title X, 1001, Oct. 5, 1984, 98
Stat. 1745).''
(Amendment of section 402(b) of Pub. L. 95-598, set out above, by
section 113 of Pub. L. 98-353 effective June 27, 1984, see section
122(c) of Pub. L. 98-353, set out as an Effective Date note under
section 151 of Title 28, Judiciary and Judicial Procedure.)
Pub. L. 95-598, title IV, 403, Nov. 6, 1978, 92 Stat. 2683, as
amended by Pub. L. 98-353, title III, 382, July 10, 1984, 98 Stat.
364, provided that:
''(a) A case commenced under the Bankruptcy Act, (act July 1, 1898,
ch. 541, 30 Stat. 544, as amended), and all matters and proceedings in
or relating to any such case, shall be conducted and determined under
such Act as if this Act had not been enacted, and the substantive rights
of parties in connection with any such bankruptcy case, matter, or
proceeding shall continue to be governed by the law applicable to such
case, matter, or proceeding as if the (this) Act had not been enacted.
''(b) Notwithstanding subsection (a) of this section, sections 1165,
1167, 1168, 1169, and 1171 of title 11 of the United States Code, as
enacted by section 101 of this Act, apply to cases pending under section
77 of the Bankruptcy Act ((former) 11 U.S.C. 205) on the date of
enactment of this Act (Nov. 6, 1978) in which the trustee has not filed
a plan of reorganization.
''(c) The repeal (of the Bankruptcy Act) made by section 401(a) of
this Act does not affect any right of a referee in bankruptcy, United
States bankruptcy judge, or survivor of a referee in bankruptcy or
United States bankruptcy judge to receive any annuity or other payment
under the civil service retirement laws.
''(d) The amendments made by section 314 of this Act (for
classification to the Code, see Tables) do not affect the application of
chapter 9, chapter 96, section 2516, section 3057, or section 3284 of
title 18 of the United States Code to any act of any person --
''(1) committed before October 1, 1979; or
''(2) committed after October 1, 1979, in connection with a case
commenced before such date.
''(e) Notwithstanding subsection (a) of this section --
''(1) a fee may not be charged under section 40c(2)(a) of the
Bankruptcy Act (former 11 U.S.C. 68(c)(2)(a)) in a case pending under
such Act after September 30, 1979, to the extent that such fee exceeds
$200,000;
''(2) a fee may not be charged under section 40c(2)(b) of the
Bankruptcy Act in a case in which the plan is confirmed after September
30, 1978, or in which the final determination as to the amount of such
fee is made after September 30, 1979, notwithstanding an earlier
confirmation date, to the extent that such fee exceeds $100,000;
''(3) after September 30, 1979, all moneys collected for payment into
the referees' salary and expense fund in cases filed under the
Bankruptcy Act shall be collected and paid into the general fund of the
Treasury; and
''(4) any balance in the referees' salary and expense fund in the
Treasury on October 1, 1979, shall be transferred to the general fund of
the Treasury and the referees' salary and expense fund account shall be
closed.''
Pub. L. 98-353, title III, 381, July 10, 1984, 98 Stat. 364,
provided that: ''This subtitle (( 381, 382) amending section 403(e) of
Pub. L. 95-598, set out above) may be cited as the 'Referees Salary and
Expense Fund Act of 1984'.''
The bankruptcy laws were revised generally and enacted as Title 11,
Bankruptcy, by Pub. L. 96-598, Nov. 6, 1978, 92 Stat. 2549.
Earlier bankruptcy laws included the following acts:
Apr. 4, 1800, ch. 19, 2 Stat. 19, repealed Dec. 19, 1803, ch. 6,
2 Stat. 248.
Aug. 19, 1841, ch. 9, 5 Stat. 440, repealed Mar. 3, 1843, ch. 82,
5 Stat. 614.
Mar. 2, 1867, ch. 176, 14 Stat. 517, the provisions of which were
incorporated in Rev. Stat. Title LXI, 4972 to 5132, were materially
amended June 22, 1874, ch. 390, 18 Stat. 178, and were repealed June
7, 1878, ch. 160, 20 Stat. 99.
The Bankruptcy Act of July 1, 1898, ch. 541, 30 Stat. 544, as
amended, sometimes called the Nelson Act, repealed by Pub. L. 95-598.
The Chandler Act of July 22, 1938, ch. 575, 52 Stat. 883, which
revised the Bankruptcy Act generally and materially amended the
provisions covering corporate reorganizations, repealed by Pub. L.
95-598.
Pub. L. 91-354, 1-6, July 24, 1970, 84 Stat. 468, as amended by
Pub. L. 92-251, Mar. 17, 1972, 86 Stat. 63; Pub. L. 93-56, 1, July
1, 1973, 87 Stat. 140, established the Commission on the Bankruptcy
Laws of the United States, to study and recommend changes to this title,
which ceased to exist 30 days after the date of submission of its final
report which was required prior to July 31, 1973.
2130a; title 12 sections 1150, 1467a, 1787, 1817,
1821; title 15 sections 77c, 77ccc, 78eee, 78fff,
78fff-1, 78fff-2, 78fff-4, 78lll, 79k, 80a-2, 80a-25,
80b-2, 1681c, 1870; title 17 section 201; title 18
sections 151, 152, 154, 155, 1961, 2516, 3284; title
19 section 1485; title 25 section 1616a; title 26
sections 108, 351, 368, 382, 422, 542, 1017, 1361,
1398, 1399, 3302, 4980B, 6012, 6036, 6103, 6161, 6212,
6213, 6327, 6503, 6512, 6532, 6658, 6871, 6872, 7434,
7464, 7508; title 28 sections 156, 157, 526, 586,
1334, 1408, 1409, 1411, 1412, 1930, 2075, 3003; title
29 sections 152, 402, 1163, 1341, 1362, 1368, 1391,
1402, 1405, 1413; title 30 section 934; title 31
section 3713; title 33 section 511; title 37
sections 301b, 301d, 302, 302b, 302d, 302e, 308e,
308f, 308g, 308h, 308i, 315, 317; title 38 sections
3732, 7634; title 40 section 316; title 41 section
41; title 42 sections 254o, 294f, 300ff-76, 656,
1473, 2000e, 3602, 6924, 6991b, 6991c, 9602, 9608;
title 43 sections 617p, 1606, 1636; title 45 sections
701, 791, 912, 1007; title 48 sections 1424-4, 1614,
1694; title 49 section 11304; title 49 App. section
1602.
/1/ Chapter repealed by Pub. L. 99-554 without corresponding
amendment of chapter analysis.
11 USC CHAPTER 1 -- GENERAL PROVISIONS
TITLE 11 -- BANKRUPTCY
Sec.
101. Definitions.
102. Rules of construction.
103. Applicability of chapters.
104. Adjustment of dollar amounts.
105. Power of court.
106. Waiver of sovereign immunity.
107. Public access to papers.
108. Extension of time.
109. Who may be a debtor.
title 15 section 78fff.
11 USC 101. Definitions
TITLE 11 -- BANKRUPTCY
In this title --
(1) ''accountant'' means accountant authorized under applicable law
to practice public accounting, and includes professional accounting
association, corporation, or partnership, if so authorized;
(2) ''affiliate'' means --
(A) entity that directly or indirectly owns, controls, or holds with
power to vote, 20 percent or more of the outstanding voting securities
of the debtor, other than an entity that holds such securities --
(i) in a fiduciary or agency capacity without sole discretionary
power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact
exercised such power to vote;
(B) corporation 20 percent or more of whose outstanding voting
securities are directly or indirectly owned, controlled, or held with
power to vote, by the debtor, or by an entity that directly or
indirectly owns, controls, or holds with power to vote, 20 percent or
more of the outstanding voting securities of the debtor, other than an
entity that holds such securities --
(i) in a fiduciary or agency capacity without sole discretionary
power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact
exercised such power to vote;
(C) person whose business is operated under a lease or operating
agreement by a debtor, or person substantially all of whose property is
operated under an operating agreement with the debtor; or
(D) entity that operates the business or substantially all of the
property of the debtor under a lease or operating agreement;
(3) ''Federal depository institutions regulatory agency'' means --
(A) with respect to an insured depository institution (as defined in
section 3(c)(2) of the Federal Deposit Insurance Act) for which no
conservator or receiver has been appointed, the appropriate Federal
banking agency (as defined in section 3(q) of such Act);
(B) with respect to an insured credit union (including an insured
credit union for which the National Credit Union Administration has been
appointed conservator or liquidating agent), the National Credit Union
Administration;
(C) with respect to any insured depository institution for which the
Resolution Trust Corporation has been appointed conservator or receiver,
the Resolution Trust Corporation; and
(D) with respect to any insured depository institution for which the
Federal Deposit Insurance Corporation has been appointed conservator or
receiver, the Federal Deposit Insurance Corporation;
(4) ''attorney'' means attorney, professional law association,
corporation, or partnership, authorized under applicable law to practice
law;
(5) ''claim'' means --
(A) right to payment, whether or not such right is reduced to
judgment, liquidated, unliquidated, fixed, contingent, matured,
unmatured, disputed, undisputed, legal, equitable, secured, or
unsecured; or
(B) right to an equitable remedy for breach of performance if such
breach gives rise to a right to payment, whether or not such right to an
equitable remedy is reduced to judgment, fixed, contingent, matured,
unmatured, disputed, undisputed, secured, or unsecured;
(6) ''commodity broker'' means futures commission merchant, foreign
futures commission merchant, clearing organization, leverage transaction
merchant, or commodity options dealer, as defined in section 761 of this
title, with respect to which there is a customer, as defined in section
761(9) of this title;
(7) ''community claim'' means claim that arose before the
commencement of the case concerning the debtor for which property of the
kind specified in section 541(a)(2) of this title is liable, whether or
not there is any such property at the time of the commencement of the
case;
(8) ''consumer debt'' means debt incurred by an individual primarily
for a personal, family, or household purpose;
(9) ''corporation'' --
(A) includes --
(i) association having a power or privilege that a private
corporation, but not an individual or a partnership, possesses;
(ii) partnership association organized under a law that makes only
the capital subscribed responsible for the debts of such association;
(iii) joint-stock company;
(iv) unincorporated company or association; or
(v) business trust; but
(B) does not include limited partnership;
(10) ''creditor'' means --
(A) entity that has a claim against the debtor that arose at the time
of or before the order for relief concerning the debtor;
(B) entity that has a claim against the estate of a kind specified in
section 348(d), 502(f), 502(g), 502(h) or 502(i) of this title; or
(C) entity that has a community claim;
(11) ''custodian'' means --
(A) receiver or trustee of any of the property of the debtor,
appointed in a case or proceeding not under this title;
(B) assignee under a general assignment for the benefit of the
debtor's creditors; or
(C) trustee, receiver, or agent under applicable law, or under a
contract, that is appointed or authorized to take charge of property of
the debtor for the purpose of enforcing a lien against such property, or
for the purpose of general administration of such property for the
benefit of the debtor's creditors;
(12) ''debt'' means liability on a claim;
(13) ''debtor'' means person or municipality concerning which a case
under this title has been commenced;
(14) ''disinterested person'' means person that --
(A) is not a creditor, an equity security holder, or an insider;
(B) is not and was not an investment banker for any outstanding
security of the debtor;
(C) has not been, within three years before the date of the filing of
the petition, an investment banker for a security of the debtor, or an
attorney for such an investment banker in connection with the offer,
sale, or issuance of a security of the debtor;
(D) is not and was not, within two years before the date of the
filing of the petition, a director, officer, or employee of the debtor
or of an investment banker specified in subparagraph (B) or (C) of this
paragraph; and
(E) does not have an interest materially adverse to the interest of
the estate or of any class of creditors or equity security holders, by
reason of any direct or indirect relationship to, connection with, or
interest in, the debtor or an investment banker specified in
subparagraph (B) or (C) of this paragraph, or for any other reason;
(15) ''entity'' includes person, estate, trust, governmental unit,
and United States trustee;
(16) ''equity security'' means --
(A) share in a corporation, whether or not transferable or
denominated ''stock'', or similar security;
(B) interest of a limited partner in a limited partnership; or
(C) warrant or right, other than a right to convert, to purchase,
sell, or subscribe to a share, security, or interest of a kind specified
in subparagraph (A) or (B) of this paragraph;
(17) ''equity security holder'' means holder of an equity security of
the debtor;
(18) ''family farmer'' means --
(A) individual or individual and spouse engaged in a farming
operation whose aggregate debts do not exceed $1,500,000 and not less
than 80 percent of whose aggregate noncontingent, liquidated debts
(excluding a debt for the principal residence of such individual or such
individual and spouse unless such debt arises out of a farming
operation), on the date the case is filed, arise out of a farming
operation owned or operated by such individual or such individual and
spouse, and such individual or such individual and spouse receive from
such farming operation more than 50 percent of such individual's or such
individual and spouse's gross income for the taxable year preceding the
taxable year in which the case concerning such individual or such
individual and spouse was filed; or
(B) corporation or partnership in which more than 50 percent of the
outstanding stock or equity is held by one family, or by one family and
the relatives of the members of such family, and such family or such
relatives conduct the farming operation, and
(i) more than 80 percent of the value of its assets consists of
assets related to the farming operation;
(ii) its aggregate debts do not exceed $1,500,000 and not less than
80 percent of its aggregate noncontingent, liquidated debts (excluding a
debt for one dwelling which is owned by such corporation or partnership
and which a shareholder or partner maintains as a principal residence,
unless such debt arises out of a farming operation), on the date the
case is filed, arise out of the farming operation owned or operated by
such corporation or such partnership; and
(iii) if such corporation issues stock, such stock is not publicly
traded;
(19) ''family farmer with regular annual income'' means family farmer
whose annual income is sufficiently stable and regular to enable such
family farmer to make payments under a plan under chapter 12 of this
title;
(20) ''farmer'' means (except when such term appears in the term
''family farmer'') person that received more than 80 percent of such
person's gross income during the taxable year of such person immediately
preceding the taxable year of such person during which the case under
this title concerning such person was commenced from a farming operation
owned or operated by such person;
(21) ''farming operation'' includes farming, tillage of the soil,
dairy farming, ranching, production or raising of crops, poultry, or
livestock, and production of poultry or livestock products in an
unmanufactured state;
(21A) ''farmout agreement'' means a written agreement in which --
(A) the owner of a right to drill, produce, or operate liquid or
gaseous hydrocarbons on property agrees or has agreed to transfer or
assign all or a part of such right to another entity; and
(B) such other entity (either directly or through its agents or its
assigns), as consideration, agrees to perform drilling, reworking,
recompleting, testing, or similar or related operations, to develop or
produce liquid or gaseous hydrocarbons on the property;
(22) ''financial institution'' means a person that is a commercial or
savings bank, industrial savings bank, savings and loan association, or
trust company and, when any such person is acting as agent or custodian
for a customer in connection with a securities contract, as defined in
section 741(7) of this title, such customer;
(23) ''foreign proceeding'' means proceeding, whether judicial or
administrative and whether or not under bankruptcy law, in a foreign
country in which the debtor's domicile, residence, principal place of
business, or principal assets were located at the commencement of such
proceeding, for the purpose of liquidating an estate, adjusting debts by
composition, extension, or discharge, or effecting a reorganization;
(24) ''foreign representative'' means duly selected trustee,
administrator, or other representative of an estate in a foreign
proceeding;
(25) ''forward contract'' means a contract (other than a commodity
contract) for the purchase, sale, or transfer of a commodity, as defined
in section 761(8) of this title, or any similar good, article, service,
right, or interest which is presently or in the future becomes the
subject of dealing in the forward contract trade, or product or
byproduct thereof, with a maturity date more than two days after the
date the contract is entered into, including, but not limited to, a
repurchase transaction, reverse repurchase transaction, consignment,
lease, swap, hedge transaction, deposit, loan, option, allocated
transaction, unallocated transaction, or any combination thereof or
option thereon;
(26) ''forward contract merchant'' means a person whose business
consists in whole or in part of entering into forward contracts as or
with merchants in a commodity, as defined in section 761(8) of this
title, or any similar good, article, service, right, or interest which
is presently or in the future becomes the subject of dealing in the
forward contract trade;
(27) ''governmental unit'' means United States; State;
Commonwealth; District; Territory; municipality; foreign state;
department, agency, or instrumentality of the United States (but not a
United States trustee while serving as a trustee in a case under this
title), a State, a Commonwealth, a District, a Territory, a
municipality, or a foreign state; or other foreign or domestic
government;
(28) ''indenture'' means mortgage, deed of trust, or indenture, under
which there is outstanding a security, other than a voting-trust
certificate, constituting a claim against the debtor, a claim secured by
a lien on any of the debtor's property, or an equity security of the
debtor;
(29) ''indenture trustee'' means trustee under an indenture;
(30) ''individual with regular income'' means individual whose income
is sufficiently stable and regular to enable such individual to make
payments under a plan under chapter 13 of this title, other than a
stockbroker or a commodity broker;
(31) ''insider'' includes --
(A) if the debtor is an individual --
(i) relative of the debtor or of a general partner of the debtor;
(ii) partnership in which the debtor is a general partner;
(iii) general partner of the debtor; or
(iv) corporation of which the debtor is a director, officer, or
person in control;
(B) if the debtor is a corporation --
(i) director of the debtor;
(ii) officer of the debtor;
(iii) person in control of the debtor;
(iv) partnership in which the debtor is a general partner;
(v) general partner of the debtor; or
(vi) relative of a general partner, director, officer, or person in
control of the debtor;
(C) if the debtor is a partnership --
(i) general partner in the debtor;
(ii) relative of a general partner in, general partner of, or person
in control of the debtor;
(iii) partnership in which the debtor is a general partner;
(iv) general partner of the debtor; or
(v) person in control of the debtor;
(D) if the debtor is a municipality, elected official of the debtor
or relative of an elected official of the debtor;
(E) affiliate, or insider of an affiliate as if such affiliate were
the debtor; and
(F) managing agent of the debtor;
(32) ''insolvent'' means --
(A) with reference to an entity other than a partnership and a
municipality, financial condition such that the sum of such entity's
debts is greater than all of such entity's property, at a fair
valuation, exclusive of --
(i) property transferred, concealed, or removed with intent to
hinder, delay, or defraud such entity's creditors; and
(ii) property that may be exempted from property of the estate under
section 522 of this title;
(B) with reference to a partnership, financial condition such that
the sum of such partnership's debts is greater than the aggregate of, at
a fair valuation --
(i) all of such partnership's property, exclusive of property of the
kind specified in subparagraph (A)(i) of this paragraph; and
(ii) the sum of the excess of the value of each general partner's
nonpartnership property, exclusive of property of the kind specified in
subparagraph (A) of this paragraph, over such partner's nonpartnership
debts; and
(C) with reference to a municipality, financial condition such that
the municipality is --
(i) generally not paying its debts as they become due unless such
debts are the subject of a bona fide dispute; or
(ii) unable to pay its debts as they become due;
(33) ''institution-affiliated party'' --
(A) with respect to an insured depository institution (as defined in
section 3(c)(2) of the Federal Deposit Insurance Act), has the meaning
given it in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C.
1813(u)); and
(B) with respect to an insured credit union, has the meaning given it
in section 206(r) of the Federal Credit Union Act (12 U.S.C. 1786(r));
(34) ''insured credit union'' has the meaning given it in section
101(7) of the Federal Credit Union Act (12 U.S.C. 1752(7));
(35) ''insured depository institution'' --
(A) has the meaning given it in section 3(c)(2) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(c)(2)); and
(B) includes an insured credit union (except in the case of
paragraphs (3) and (33)(A) of this subsection);
(36) ''judicial lien'' means lien obtained by judgment, levy,
sequestration, or other legal or equitable process or proceeding;
(37) ''lien'' means charge against or interest in property to secure
payment of a debt or performance of an obligation;
(38) ''margin payment'' means, for purposes of the forward contract
provisions of this title, payment or deposit of cash, a security or
other property, that is commonly known in the forward contract trade as
original margin, initial margin, maintenance margin, or variation
margin, including mark-to-market payments, or variation payments; and
/1/
(39) ''settlement payment'' means, for purposes of the forward
contract provisions of this title, a preliminary settlement payment, a
partial settlement payment, an interim settlement payment, a settlement
payment on account, a final settlement payment, a net settlement
payment, or any other similar payment commonly used in the forward
contract trade;
(40) ''municipality'' means political subdivision or public agency or
instrumentality of a State;
(41) ''person'' includes individual, partnership, and corporation,
but does not include governmental unit, Provided, however, That any
governmental unit that acquires an asset from a person as a result of
operation of a loan guarantee agreement, or as receiver or liquidating
agent of a person, will be considered a person for purposes of section
1102 of this title. /2/
(42) ''petition'' means petition filed under section 301, 302, 303,
or 304 of this title, as the case may be, commencing a case under this
title;
(43) ''purchaser'' means transferee of a voluntary transfer, and
includes immediate or mediate transferee of such a transferee;
(44) ''railroad'' means common carrier by railroad engaged in the
transportation of individuals or property or owner of trackage
facilities leased by such a common carrier;
(45) ''relative'' means individual related by affinity or
consanguinity within the third degree as determined by the common law,
or individual in a step or adoptive relationship within such third
degree;
(46) ''repo participant'' means an entity that, on any day during the
period beginning 90 days before the date of the filing of the petition,
has an outstanding repurchase agreement with the debtor;
(47) ''repurchase agreement'' (which definition also applies to a
reverse repurchase agreement) means an agreement, including related
terms, which provides for the transfer of certificates of deposit,
eligible bankers' acceptances, or securities that are direct obligations
of, or that are fully guaranteed as to principal and interest by, the
United States or any agency of the United States against the transfer of
funds by the transferee of such certificates of deposit, eligible
bankers' acceptances, or securities with a simultaneous agreement by
such transferee to transfer to the transferor thereof certificates of
deposit, eligible bankers' acceptances, or securities as described
above, at a date certain not later than one year after such transfers or
on demand, against the transfer of funds;
(48) ''securities clearing agency'' means person that is registered
as a clearing agency under section 17A of the Securities Exchange Act of
1934 (15 U.S.C. 78q-1) or whose business is confined to the performance
of functions of a clearing agency with respect to exempted securities,
as defined in section 3(a)(12) of such Act (15 U.S.C. 78c(12)) for the
purposes of such section 17A;
(49) ''security'' --
(A) includes --
(i) note;
(ii) stock;
(iii) treasury stock;
(iv) bond;
(v) debenture;
(vi) collateral trust certificate;
(vii) pre-organization certificate or subscription;
(viii) transferable share;
(ix) voting-trust certificate;
(x) certificate of deposit;
(xi) certificate of deposit for security;
(xii) investment contract or certificate of interest or participation
in a profit-sharing agreement or in an oil, gas, or mineral royalty or
lease, if such contract or interest is required to be the subject of a
registration statement filed with the Securities and Exchange Commission
under the provisions of the Securities Act of 1933 (15 U.S.C. 77a et
seq.), or is exempt under section 3(b) of such Act (15 U.S.C. 77c(b))
from the requirement to file such a statement;
(xiii) interest of a limited partner in a limited partnership;
(xiv) other claim or interest commonly known as ''security''; and
(xv) certificate of interest or participation in, temporary or
interim certificate for, receipt for, or warrant or right to subscribe
to or purchase or sell, a security; but
(B) does not include --
(i) currency, check, draft, bill of exchange, or bank letter of
credit;
(ii) leverage transaction, as defined in section 761(13) of this
title;
(iii) commodity futures contract or forward contract;
(iv) option, warrant, or right to subscribe to or purchase or sell a
commodity futures contract;
(v) option to purchase or sell a commodity;
(vi) contract or certificate of a kind specified in subparagraph
(A)(xii) of this paragraph that is not required to be the subject of a
registration statement filed with the Securities and Exchange Commission
and is not exempt under section 3(b) of the Securities Act of 1933 (15
U.S.C. 77c(b)) from the requirement to file such a statement; or
(vii) debt or evidence of indebtedness for goods sold and delivered
or services rendered;
(50) ''security agreement'' means agreement that creates or provides
for a security interest;
(51) ''security interest'' means lien created by an agreement;
(52) ''State'' includes the District of Columbia and Puerto Rico,
except for the purpose of defining who may be a debtor under chapter 9
of this title;
(53) ''statutory lien'' means lien arising solely by force of a
statute on specified circumstances or conditions, or lien of distress
for rent, whether or not statutory, but does not include security
interest or judicial lien, whether or not such interest or lien is
provided by or is dependent on a statute and whether or not such
interest or lien is made fully effective by statute;
(54) /3/ ''stockbroker'' means person --
(A) with respect to which there is a customer, as defined in section
741(2) of this title; and
(B) that is engaged in the business of effecting transactions in
securities --
(i) for the account of others; or
(ii) with members of the general public, from or for such person's
own account;
(55) /4/ ''swap agreement'' means --
(A) an agreement (including terms and conditions incorporated by
reference therein) which is a rate swap agreement, basis swap, forward
rate agreement, commodity swap, interest rate option, forward foreign
exchange agreement, rate cap agreement, rate floor agreement, rate
collar agreement, currency swap agreement, cross-currency rate swap
agreement, currency option, any other similar agreement (including any
option to enter into any of the foregoing);
(B) any combination of the foregoing; or
(C) a master agreement for any of the foregoing together with all
supplements;
(56) /5/ ''swap participant'' means an entity that, at any time
before the filing of the petition, has an outstanding swap agreement
with the debtor;
(57) /6/ ''timeshare plan'' means and shall include that interest
purchased in any arrangement, plan, scheme, or similar device, but not
including exchange programs, whether by membership, agreement, tenancy
in common, sale, lease, deed, rental agreement, license, right to use
agreement, or by any other means, whereby a purchaser, in exchange for
consideration, receives a right to use accommodations, facilities, or
recreational sites, whether improved or unimproved, for a specific
period of time less than a full year during any given year, but not
necessarily for consecutive years, and which extends for a period of
more than three years. A ''timeshare interest'' is that interest
purchased in a timeshare plan which grants the purchaser the right to
use and occupy accommodations, facilities, or recreational sites,
whether improved or unimproved, pursuant to a timeshare plan. /7/
(54) /8/ ''transfer'' means every mode, direct or indirect, absolute
or conditional, voluntary or involuntary, of disposing of or parting
with property or with an interest in property, including retention of
title as a security interest and foreclosure of the debtor's equity of
redemption;
(55) /9/ ''United States'', when used in a geographical sense,
includes all locations where the judicial jurisdiction of the United
States extends, including territories and possessions of the United
States;
(56) /10/ ''intellectual property'' means --
(A) trade secret;
(B) invention, process, design, or plant protected under title 35;
(C) patent application;
(D) plant variety;
(E) work of authorship protected under title 17; or
(F) mask work protected under chapter 9 of title 17;
to the extent protected by applicable nonbankruptcy law; and
(57) /11/ ''mask work'' has the meaning given it in section 901(a)(2)
of title 17.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2549; Pub. L. 97-222, 1,
July 27, 1982, 96 Stat. 235; Pub. L. 98-353, title III, 391, 401,
421, July 10, 1984, 98 Stat. 364, 366, 367; Pub. L. 99-554, title II,
201, 251, 283(a), Oct. 27, 1986, 100 Stat. 3097, 3104, 3116; Pub. L.
100-506, 1(a), Oct. 18, 1988, 102 Stat. 2538; Pub. L. 100-597, 1,
Nov. 3, 1988, 102 Stat. 3028; Pub. L. 101-311, title I, 101, title II,
201, June 25, 1990, 104 Stat. 267, 268; Pub. L. 101-647, title XXV,
2522(e), Nov. 29, 1990, 104 Stat. 4867; Pub. L. 102-486, title XXX,
3017(a), Oct. 24, 1992, 106 Stat. 3130.)
Section 101(2) defines ''affiliate.'' The House amendment contains a
provision that is a compromise between the definition in the
House-passed version of H.R. 8200 and the Senate amendment in the nature
of a substitute to H.R. 8200. Subparagraphs (A) and (B) are derived from
the Senate amendment and subparagraph (D) is taken from the House bill,
while subparagraph (C) represents a compromise, taking the House
position with respect to a person whose business is operated under a
lease or an operating agreement by the debtor and with respect to a
person substantially all of whose property is operated under an
operating agreement by the debtor and with respect to a person
substantially all of whose property is operated under an operating
agreement by the debtor and the Senate position on leased property.
Thus, the definition of ''affiliate'' excludes persons substantially all
of whose property is operated under a lease agreement by a debtor, such
as a small company which owns equipment all of which is leased to a
larger nonrelated company.
Section 101(4)(B) represents a modification of the House-passed bill
to include the definition of ''claim'' a right to an equitable remedy
for breach of performance if such breach gives rise to a right to
payment. This is intended to cause the liquidation or estimation of
contingent rights of payment for which there may be an alternative
equitable remedy with the result that the equitable remedy will be
susceptible to being discharged in bankruptcy. For example, in some
States, a judgment for specific performance may be satisfied by an
alternative right to payment, in the event performance is refused; in
that event, the creditor entitled to specific performance would have a
''claim'' for purposes of a proceeding under title 11.
On the other hand, rights to an equitable remedy for a breach of
performance with respect to which such breach does not give rise to a
right to payment are not ''claims'' and would therefore not be
susceptible to discharge in bankruptcy.
In a case under chapter 9 to title 11, ''claim'' does not include a
right to payment under an industrial development bond issued by a
municipality as a matter of convenience for a third party.
Municipalities are authorized, under section 103(c) of the Internal
Revenue Code of 1954, as amended (title 26), to issue tax-exempt
industrial development revenue bonds to provide for the financing of
certain projects for privately owned companies. The bonds are sold on
the basis of the credit of the company on whose behalf they are issued,
and the principal, interest, and premium, if any, are payable solely
from payments made by the company to the trustee under the bond
indenture and do not constitute claims on the tax revenues or other
funds of the issuing municipalities. The municipality merely acts as
the vehicle to enable the bonds to be issued on a tax-exempt basis.
Claims that arise by virtue of these bonds are not among the claims
defined by this paragraph and amounts owed by private companies to the
holders of industrial development revenue bonds are not to be included
among the assets of the municipality that would be affected by the plan.
Section 101(6) defines ''community claim'' as provided by the Senate
amendment in order to indicate that a community claim exists whether or
not there is community property in the estate as of the commencement of
the case.
Section 101(7) of the House amendment contains a definition of
consumer debt identical to the definition in the House bill and Senate
amendment. A consumer debt does not include a debt to any extent the
debt is secured by real property.
Section 101(9) of the Senate amendment contained a definition of
''court.'' The House amendment deletes the provision as unnecessary in
light of the pervasive jurisdiction of a bankruptcy court under all
chapters of title 11 as indicated in title II of the House amendment to
H.R. 8200.
Section 101(11) defines ''debt'' to mean liability on a claim, as was
contained in the House-passed version of H.R. 8200. The Senate amendment
contained language indicating that ''debt'' does not include a policy
loan made by a life insurance company to the debtor. That language is
deleted in the House amendment as unnecessary since a life insurance
company clearly has no right to have a policy loan repaid by the debtor,
although such company does have a right of offset with respect to such
policy loan. Clearly, then, a ''debt'' does not include a policy loan
made by a life insurance company. Inclusion of the language contained
in the Senate amendment would have required elaboration of other legal
relationships not arising by a liability on a claim. Further the
language would have required clarification that interest on a policy
loan made by a life insurance company is a debt, and that the insurance
company does have right to payment to that interest.
Section 101(14) adopts the definition of ''entity'' contained in the
Senate-passed version of H.R. 8200. Since the Senate amendment to H.R.
8200 deleted the U.S. trustee, a corresponding definitional change is
made in chapter 15 of the House amendment for U.S. trustees under the
pilot program. Adoption by the House amendment of a pilot program for
U.S. trustees under chapter 15 requires insertion of ''United States
trustee'' in many sections. Several provisions in chapter 15 of the
House amendment that relate to the U.S. trustee were not contained in
the Senate amendment in the nature of a substitute.
Section 101(17) defines ''farmer,'' as in the Senate amendment with
an income limitation percentage of 80 percent instead of 75 percent.
Section 101(18) contains a new definition of ''farming operation''
derived from present law and the definition of ''farmer'' in the Senate
amendment. This definition gives a broad construction to the term
''farming operation''.
Section 101(20) contains a definition of ''foreign representative''.
It clarifies the House bill and Senate amendment by indicating that a
foreign representative must be duly selected in a foreign proceeding.
Section 101(35) defines ''security'' as contained in the Senate
amendment. H.R. 8200 as adopted by the House excluded certain
commercial notes from the definition of ''security'', and that exclusion
is deleted.
Section 101(40) defines ''transfer'' as in the Senate amendment. The
definition contained in H.R. 8200 as passed by the House included
''setoff'' in the definition of ''transfer''. Inclusion of ''setoff''
is deleted. The effect is that a ''setoff'' is not subject to being set
aside as a preferential ''transfer'' but will be subject to special
rules.
Section 101 of title 11 contains 40 definitions:
Paragraph (1) defines ''accountant'' as an accountant authorized
under applicable law to practice accounting. The term includes a
professional accounting association, corporation, or partnership if
applicable law authorizes such a unit to practice accounting.
Paragraph (2) defines ''affiliate.'' An affiliate is an entity with a
close relationship to the debtor. It includes a 20 percent parent or
subsidiary of the debtor, whether a corporate, partnership, individual,
or estate parent.
The use of ''directly or indirectly'' in subparagraphs (A) and (B) is
intended to cover situations in which there is an opportunity to
control, and where the existence of that opportunity operates as
indirect control.
''Affiliate'' is defined primarily for use in the definition of
insider, infra, and for use in the chapter 11 reorganization cases. The
definition of ''affiliate'' does not include an entity acting in a
fiduciary or agency capacity if the entity does not have the sole
discretionary power to vote 20 percent of the voting securities but hold
them solely as security and have not exercised the power to vote. This
restriction applies to a corporate affiliate under subparagraph (B) of
paragraph (2).
Subsections (C) and (D) of paragraph (2) define affiliate also as
those persons and entities whose business or substantially all of whose
property is operated under a lease or operating agreement by a debtor
and whose business or property is more than 50 percent under the control
of the debtor.
The definition of ''attorney'' in paragraph (3) is similar to the
definition of accountant.
Paragraph (4) defines ''claim.'' The effect of the definition is a
significant departure from present law. Under present law, ''claim'' is
not defined in straight bankruptcy. Instead it is simply used, along
with the concept of provability in section 63 of the Bankruptcy Act
(section 103 of former title 11), to limit the kinds of obligations that
are payable in a bankruptcy case. The term is defined in the debtor
rehabilitation chapters of present law far more broadly. The definition
in paragraph (4) adopts an even broader definition of claim than is
found in the present debtor rehabilitation chapters. The definition is
any right to payment, whether or not reduced to judgment, liquidated,
unliquidated, fixed, contingent, matured, unmatured, disputed,
undisputed, legal, equitable, secured, or unsecured. The definition
also includes as a claim an equitable right to performance that does not
give rise to a right to payment. By this broadest possible definition
and by the use of the term throughout the title 11, especially in
subchapter I of chapter 5, the bill contemplates that all legal
obligations of the debtor, no matter how remote or contingent, will be
able to be dealt with in the bankruptcy case. It permits the broadest
possible relief in the bankruptcy court.
Paragraph (5) defines ''commodity broker'' by reference to various
terms used and defined in subchapter IV of chapter 7, Commodity Broker
Liquidation. The terms are described in connection with section 761,
infra.
Paragraph (6) defines ''community claim'' for those eight States that
have community property laws. The definition is keyed to the liability
of the debtor's property for a claim against either the debtor or the
debtor's spouse. If the debtor's property is liable for a claim against
either, that claim is a community claim.
Paragraph (7) defines ''consumer debt''. The definition is adapted
from the definition used in various consumer protection laws. It
encompasses only a debt incurred by an individual primarily for a
personal, family, or household purpose.
The definition of ''corporation'' in paragraph (8) is similar to the
definition in current law, section 1(8) (section 1(8) of former title
11). The term encompasses any association having the power or privilege
that a private corporation, but not an individual or partnership, has;
partnership associations organized under a law that makes only the
capital subscribed responsible for the debts of the partnership;
joint-stock company; unincorporated company or association; and
business trust. ''Unincorporated association'' is intended specifically
to include a labor union, as well as other bodies that come under that
phrase as used under current law. The exclusion of limited partnerships
is explicit, and not left to the case law.
Paragraph (9) defines ''court'' as the bankruptcy judge in the
district in which the case is pending except in municipal adjustment and
railroad reorganization cases, where ''court'' means the Federal
district judge.
Paragraph (10) (now (9)) defines ''creditor'' to include holders of
prepetition claims against the debtor. However, it also encompasses
certain holders of claims that are deemed to arise before the date of
the filing of the petition, such as those injured by the rejection of an
executory contract or unexpired lease, certain investment tax credit
recapture claim holders, ''involuntary gap'' creditors, and certain
holders of the right of setoff. The term also includes the holder of a
prepetition community claim. A guarantor of or surety for a claim
against the debtor is also a creditor, because he holds a contingent
claim against the debtor that becomes fixed when he pays the creditor
whose claim he has guaranteed or insured.
Paragraph (11) (now (10)) defines ''custodian.'' There is no similar
definition in current law. It is defined to facilitate drafting, and
means a prepetition liquidator of the debtor's property, such as an
assignee for the benefit of creditors, a receiver of the debtor's
property, or administrator of the debtor's property. The definition of
custodian to include a receiver or trustee is descriptive, and not meant
to be limited to court officers with those titles. The definition is
intended to include other officers of the court if their functions are
substantially similar to those of a receiver or trustee.
''Debt'' is defined in paragraph (12) (now (11)) as a liability on a
claim. The terms ''debt'' and ''claim'' are coextensive: a creditor
has a ''claim'' against the debtor; the debtor owes a ''debt'' to the
creditor. This definition of ''debt'' and the definition of ''claim''
on which it is based, proposed 11 U.S.C. 101(4), does not include a
transaction such as a policy loan on an insurance policy. Under that
kind of transaction, the debtor is not liable to the insurance company
for repayment; the amount owed is merely available to the company for
setoff against any benefits that become payable under the policy. As
such, the loan is not a claim (it is not a right to payment) that the
company can assert against the estate; nor is the debtor's obligation a
debt (a liability on a claim) that will be discharged under proposed 11
U.S.C. 523 or 524.
Paragraph (13) (now (12)) defines ''debtor.'' Debtor means person or
municipality concerning which a case under title II has been commenced.
This is a change in terminology from present law, which identifies the
person by or against whom a petition is filed in a straight bankruptcy
liquidation case as the ''bankrupt'', and a person or municipality that
is proceeding under a debtor rehabilitation chapter (chapters VIII
through XIII of the Bankruptcy Act) (chapters 8 through 13 of former
title 11) as a ''debtor.'' The term ''debtor'' is used for both kinds of
cases in this bill, for ease of reference in chapters 1, 3, and 5 (which
apply to straight bankruptcy and reorganization cases).
Paragraph (14) (now (13)) defines ''disinterested person.'' The
definition is adapted from section 158 of chapter X of current law
(section 558 of former title 11), though it is expanded and modified in
some respects. A person is a disinterested person if the person is not
a creditor, equity security holder, or insider; is not and was not an
investment banker of the debtor for any outstanding security of the
debtor (the change from underwriter in current law to investment banker
is to make the term more descriptive and to avoid conflict with the
definition of underwriter in section 2(11) of the Securities Act of 1933
(15 U.S.C. 77b(11)); has not been an investment banker for a security
of the debtor within 3 years before the date of the filing of the
petition (the change from five years to three years here conforms the
definition with the statute of limitations in the Securities Act of
1933) (15 U.S.C. 77m), or an attorney for such an investment banker; is
not an insider of the debtor or of such an investment banker; and does
not have an interest materially adverse to the estate.
''Entity'' is defined, for convenience, in paragraph (15) (now (14)),
to include person, estate, trust, and governmental unit. It is the most
inclusive of the various defined terms relating to bodies or units.
Paragraph (16) defines ''equity security.'' The term includes a share
or stock in a corporation, a limited partner's interest in a limited
partnership, and a warrant or right to subscribe to an equity security.
The term does not include a security, such as a convertible debenture,
that is convertible into equity security, but has not been converted.
Paragraph (17) (now (15)) defines ''equity security holder'' for
convenience as the holder of an equity securing of the debtor.
Paragraph (18) (now (17)) defines ''farmer''. It encompasses only
those persons for whom farming operations contribute 75 percent or more
of their total income.
Paragraphs (19) and (20) define ''foreign proceeding'' and ''foreign
representative''. A foreign proceeding is a proceeding in another
country in which the debtor has some substantial connection for the
purpose of liquidating the estate of the debtor or the purpose of
financial rehabilitation of the debtor. A foreign representative is the
representative of the estate in a foreign proceeding, such as a trustee
or administrator.
Paragraph (21) defines ''governmental unit'' in the broadest sense.
The definition encompasses the United States, a State, Commonwealth,
District, Territory, municipality, or foreign state, and a department,
agency, or instrumentality of any of those entities. ''Department,
agency, or instrumentality'' does not include an entity that owes its
existence to State action, such as the granting of a charter or a
license but that has no other connection with a State or local
government or the Federal Government. The relationship must be an
active one in which the department, agency, or instrumentality is
actually carrying out some governmental function.
Paragraph (22) defines ''indenture.'' It is similar to the definition
of indenture in the Trust Indenture Act of 1939 (15 U.S.C. 77ccc(7)).
An indenture is the instrument under which securities, either debt or
equity, of the debtor are outstanding.
Paragraph (23) defines ''indenture trustee'' as the trustee under an
indenture.
Paragraph (24) defines ''individual with regular income.'' The effect
of this definition, and of its use in section 109(e), is to expand
substantially the kinds of individuals that are eligible for relief
under chapter 13, Adjustment of Debts of an Individual with Regular
Income. Chapter XIII (chapter 13 of former title 11) is now available
only for wage earners. The definition encompasses all individuals with
incomes that are sufficiently stable and regular to enable them to make
payments under a chapter 13 plan. Thus, individuals on welfare, social
security, fixed pension incomes, or who live on investment incomes, will
be able to work out repayment plans with their creditors rather than
being forced into straight bankruptcy. Also, self-employed individuals
will be eligible to use chapter 13 if they have regular incomes.
However, the definition excludes certain stockbrokers and commodity
brokers, in order to prohibit them from proceeding under chapter 13 and
avoiding the customer protection provisions of chapter 7.
''Insider'', defined in paragraph (25), is a new term. An insider is
one who has a sufficiently close relationship with the debtor that his
conduct is made subject to closer scrutiny than those dealing at arms
length with the debtor. If the debtor is an individual, then a relative
of the debtor, a partnership in which the debtor is a general partner, a
general partner of the debtor, and a corporation controlled by the
debtor are all insiders. If the debtor is a corporation, then a
controlling person, a relative of a controlling person, a partnership in
which the debtor is a general partner, and a general partner of the
debtor are all insiders. If the debtor is a partnership, then a general
partner of or in the debtor, a relative of a general partner in the
debtor, and a person in control are all insiders. If the debtor is a
municipality, then an elected official of the debtor is an insider. In
addition, affiliates of the debtor and managing agents are insiders.
The definition of ''insolvent'' in paragraph (26) is adopted from
section 1(19) of current law (section 1(19) of former title 11). An
entity is insolvent if its debts are greater than its assets, at a fair
valuation, exclusive of property exempted or fraudulently transferred.
It is the traditional bankruptcy balance sheet test of insolvency. For
a partnership, the definition is modified to account for the liability
of a general partner for the partnership's debts. The difference in
this definition from that in current law is in the exclusion of exempt
property for all purposes in the definition of insolvent.
Paragraph (27) defines ''judicial lien.'' It is one of three kinds of
liens defined in this section. A judicial lien is a lien obtained by
judgment, levy, sequestration, or other legal or equitable process or
proceeding.
Paragraph (28) defines ''lien.'' The definition is new and is very
broad. A lien is defined as a charge against or interest in property to
secure payment of a debt or performance of an obligation. It includes
inchoate liens. In general, the concept of lien is divided into three
kinds of liens: judicial liens, security interests, and statutory
liens. Those three categories are mutually exclusive and are exhaustive
except for certain common law liens.
Paragraph (29) defines ''municipality.'' The definition is adapted
from the terms used in the chapter IX (municipal bankruptcy) (chapter 9
of former title 11) amendment to the Bankruptcy Act enacted in 1976
(Pub. L. 94-260). That amendment spoke in terms of ''political
subdivision or public agency or instrumentality of a State''.
Bankruptcy Act Sec. 84 (section 404 of former title 11). The term
municipality is defined by those three terms for convenience. It does
not include the District of Columbia or any territories of the United
States.
''Person'' is defined in paragraph (30). The definition is a change
in wording, but not in substance, from the definition in section 1(23)
of the Bankruptcy Act (section 1(23) of former title 11). The
definition is also similar to the one contained in 1 U.S.C. sec. 1, but
is repeated here for convenience and ease of reference. Person includes
individual partnership, and corporation. The exclusion of governmental
units is made explicit in order to avoid any confusion that may arise
if, for example, a municipality is incorporated and thus is legally a
corporation as well as governmental unit. The definition does not
include an estate or a trust, which are included only in the definition
of ''entity'' in proposed 11 U.S.C. 101(14).
''Petition'' is defined for convenience in paragraph (31). Petition
is a petition under section 301, 302, 303, or 304 of the bankruptcy code
-- that is, a petition that commences a case under title 11.
Paragraph (32) defines purchaser as a transferee of a voluntary
transfer, such as a sale or gift, and includes an immediate or mediate
transferee of a purchaser.
The definition of ''railroad'' in paragraph (33) is derived from
section 77 of the Bankruptcy Act (section 205 of former title 11). A
railroad is a common carrier by railroad engaged in the transportation
of individuals or property, or an owner of trackage facilities leased by
such a common carrier. The effect of the definition and the use of the
term in section 109(d) is to eliminate the limitation now found in
section 77 of the Bankruptcy Act that only railroads engaged in
interstate commerce may proceed under the railroad reorganization
provisions. The limitation may have been inserted because of a doubt
that the commerce power could not reach intrastate railroads. Be that
as it may, this bill is enacted under the bankruptcy power.
Paragraph (34) defines ''relative'' as an individual related by
affinity or consanguinity within the third degree as determined by the
common law, and includes individuals in a step or adoptive relationship.
The definition is similar to current law, but adds the latter phrase.
This definition should be applied as of the time when the transaction
that it concerns took place. Thus, a former spouse is not a relative,
but if, for example, for purposes of the preference section, proposed 11
U.S.C. 547(b)(4)(B), the transferee was a spouse of the debtor at the
time of the transfer sought to be avoided, then the transferee would be
relative and subject to the insider rules, even if the transferee was no
longer married to the debtor at the time of the commencement of the case
or at the time of the commencement of the preference recovery
proceeding.
Paragraph (35) defines ''security.'' The definition is new and is
modeled on the most recent draft of the American Law Institute's
proposed securities code, with some exceptions. The interest of a
limited partner in a limited partnership is included in order to make
sure that everything that is defined as an equity security is also a
''security.'' The definition, as with the definition of ''entity'',
''insider'', and ''person'', is open-ended because the term is not
susceptible of precise specification. Thus the courts will be able to
use the characterization provided in this definition to treat with new
kinds of documents on a flexible basis.
Paragraphs (36) and (37) defined ''security agreement'' and
''security interest.'' A security interest is one of the kinds of liens.
It is a lien created by an agreement. Security agreement is defined as
the agreement creating the security interest. Though these terms are
similar to the same terms in the Uniform Commercial Code, article IX,
they are broader. For example, the U.C.C. does not cover real property
mortgages. Under this definition, such a mortgage is included, as are
all other liens created by agreement, even though not covered by the
U.C.C. All U.C.C. security interests and security agreements are,
however, security interests and security agreements under this
definition. Whether a consignment or a lease constitutes a security
interest under the bankruptcy code will depend on whether it constitutes
a security interest under applicable State or local law.
Paragraph (38) defines another kind of lien, ''statutory lien.'' The
definition, derived from current law, states that a statutory lien is a
lien arising solely by force of statute on specified circumstances or
conditions and includes a lien of distress for rent (whether statutory,
common law, or otherwise). The definition excludes judicial liens and
security interests, whether or not they are provided for or are
dependent on a statute, and whether or not they are made fully effective
by statute. A statutory lien is only one that arises automatically, and
is not based on an agreement to give a lien or on judicial action.
Mechanics', materialmen's, and warehousemen's liens are examples. Tax
liens are also included in the definition of statutory lien.
''Stockbroker'' is defined in paragraph (39) as a person engaged in
the business of effecting transactions in securities for the account of
others or with members of the general public from or for such person's
own account, if the person has a customer, as defined. Thus, the
definition, derived from a combination of the definitions of ''broker''
and ''dealer'' in the Securities Exchange Act of 1934 (15 U.S.C. 78c),
encompasses both brokers and dealers. The definition is used in section
109 and in subchapter III of chapter 7, Stockholder Liquidation. The
term does not encompass an employee who acts for a principal that
''effects'' transaction or deals with the public, because such an
employee will not have a ''customer''.
Paragraph (40) defines ''transfer.'' It is derived and adapted, with
stylistic changes, from section 1(30) of the Bankruptcy Act (section
1(30) of former title 11). A transfer is a disposition of an interest
in property. The definition of transfer is as broad as possible. Many
of the potentially limiting words in current law are deleted, and the
language is simplified. Under this definition, any transfer of an
interest in property is a transfer, including a transfer of possession,
custody, or control even if there is no transfer of title, because
possession, custody, and control are interests in property. A deposit
in a bank account or similar account is a transfer.
Section 3 of the Federal Deposit Insurance Act, referred to in pars.
(3)(A), (33)(A), and (35)(A), is classified to section 1813 of Title 12,
Banks and Banking.
The Securities Act of 1933 (15 U.S.C. 77a et seq.), referred to in
par. (49)(A)(xii), is act May 27, 1933, ch. 38, title I, 48 Stat. 74,
as amended, which is classified generally to subchapter I ( 77a et seq.)
of chapter 2A of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see section 77a of Title 15 and
Tables.
1992 -- Par. (21A). Pub. L. 102-486 added par. (21A).
1990 -- Par. (3). Pub. L. 101-647, 2522(e)(4), added par. (3).
Former par. (3) redesignated (4).
Pars. (4) to (23). Pub. L. 101-647, 2522(e)(3), redesignated pars.
(3) to (22) as (4) to (23), respectively. Former par. (23)
redesignated (24).
Par. (24). Pub. L. 101-647, 2522(e)(3), redesignated par. (23) as
(24). Former par. (24) redesignated (25).
Pub. L. 101-311, 201(1), inserted ''as defined in section 761(8) of
this title, or any similar good, article, service, right, or interest
which is presently or in the future becomes the subject of dealing in
the forward contract trade,'' after ''transfer of commodity,'' and '',
including, but not limited to, a repurchase transaction, reverse
repurchase transaction, consignment, lease, swap, hedge transaction,
deposit, loan, option, allocated transaction, unallocated transaction,
or any combination thereof or option thereon'' after ''entered into''.
Par. (25). Pub. L. 101-647, 2522(e)(3), redesignated par. (24) as
(25). Former par. (25) redesignated (26).
Pub. L. 101-311, 201(2), substituted ''a commodity, as defined in
section 761(8) of this title, or any similar good, article, service,
right, or interest which is presently or in the future becomes the
subject of dealing in the forward contract trade'' for ''commodities''.
Pars. (26) to (32). Pub. L. 101-647, 2522(e)(3), redesignated pars.
(25) to (31) as (26) to (32), respectively. Former par. (32)
redesignated (36).
Par. (33). Pub. L. 101-647, 2522(e)(2), added par. (33). Former
par. (33) redesignated (37).
Par. (34). Pub. L. 101-647, 2522(e)(2), added par. (34). Former
par. (34) redesignated (38).
Pub. L. 101-311, 201(4), added par. (34). Former par. (34)
redesignated (36).
Par. (35). Pub. L. 101-647, 2522(e)(2), added par. (35). Former
par. (35) redesignated (39).
Pub. L. 101-311, 201(4), added par. (35). Former par. (35)
redesignated (37).
Par. (36). Pub. L. 101-647, 2522(e)(1), redesignated par. (32) as
(36). Former par. (36) redesignated (40).
Pub. L. 101-311, 201(3), redesignated par. (34) as (36). Former
par. (36) redesignated (38).
Pars. (37) to (48). Pub. L. 101-647, 2522(e)(1), redesignated pars.
(33) to (44) as (37) to (48), respectively. Former pars. (45) to (48)
redesignated (49) to (52), respectively.
Pub. L. 101-311, 201(3), redesignated pars. (35) to (46) as (37) to
(48), respectively. Former pars. (47) and (48) redesignated (49) and
(50), respectively.
Pars. (49), (50). Pub. L. 101-647, 2522(e)(1), redesignated pars.
(45) and (46) as (49) and (50), respectively. Former pars. (49) and
(50) redesignated (53) and (54) defining ''stockbroker'', respectively.
Pub. L. 101-311, 201(3), redesignated pars. (47) and (48) as (49)
and (50), respectively. Former pars. (49) and (50) redesignated (51)
and (52), respectively.
Pub. L. 101-311, 101(2), added pars. (49) and (50). Former pars.
(49) and (50) redesignated (51) and (52), respectively.
Par. (51). Pub. L. 101-647, 2522(e)(1), redesignated par. (47) as
(51). Former par. (51) redesignated (55) defining ''swap agreement''.
Pub. L. 101-311, 201(3), redesignated par. (49) as (51). Former
par. (51) redesignated (53).
Pub. L. 101-311, 101(1), redesignated par. (49) as (51). Former
par. (51) redesignated (53).
Par. (52). Pub. L. 101-647, 2522(e)(1), redesignated par. (48) as
(52). Former par. (52) redesignated (56) defining ''swap
participant''.
Pub. L. 101-311, 201(3), redesignated par. (50) as (52). Former
par. (52) redesignated (54) defining ''transfer''.
Pub. L. 101-311, 101(1), redesignated par. (50) as (52). Former
par. (52) redesignated (54).
Par. (53). Pub. L. 101-647, 2522(e)(1), redesignated par. (49) as
(53). Former par. (53) redesignated (57) defining ''timeshare plan''.
Pub. L. 101-311, 201(3), redesignated par. (51) as (53). Former
par. (53) redesignated (55) defining ''United States''.
Pub. L. 101-311, 101(1), redesignated par. (51) as (53). Former
par. (53) redesignated (55).
Par. (54). Pub. L. 101-647, 2522(e)(1), redesignated par. (50) as
(54) defining ''stockbroker''.
Pub. L. 101-311, 201(3), redesignated par. (52) as (54) defining
''transfer''. Former par. (54) redesignated (56) defining
''intellectual property''.
Pub. L. 101-311, 101(1), redesignated par. (52) as (54).
Par. (55). Pub. L. 101-647, 2522(e)(1), redesignated par. (51) as
(55) defining ''swap agreement''.
Pub. L. 101-311, 201(3), redesignated par. (53) as (55) defining
''United States''. Former par. (55) redesignated (57) defining ''mask
work''.
Pub. L. 101-311, 101(1), redesignated par. (53) as (55).
Par. (56). Pub. L. 101-647, 2522(e)(1), redesignated par. (52) as
(56) defining ''swap participant''.
Pub. L. 101-311, 201(3), redesignated par. (54) as (56) defining
''intellectual property''.
Par. (57). Pub. L. 101-647, 2522(e)(1), redesignated par. (53) as
(57) defining ''timeshare plan''.
Pub. L. 101-311, 201(3), redesignated par. (55) as (57) defining
''mask work''.
1988 -- Par. (31). Pub. L. 100-597 inserted ''and a municipality''
after ''partnership'' in subpar. (A) and added subpar. (C).
Pars. (52), (53). Pub. L. 100-506 added pars. (52) and (53).
1986 -- Par. (14). Pub. L. 99-554, 201(1), substituted
''governmental unit, and United States trustee'' for ''and governmental
unit''.
Pars. (17), (18). Pub. L. 99-554, 251(2), (3), added pars. (17)
and (18) and redesignated former pars. (17) and (18) as (19) and (20),
respectively.
Par. (19). Pub. L. 99-554, 251(1), (2), redesignated former par.
(17) as (19) and inserted ''(except when such term appears in the term
'family farmer')''. Former par. (19) redesignated (21).
Pars. (20) to (25). Pub. L. 99-554, 251(2), redesignated former
pars. (18) to (23) as (20) to (25), respectively. Former pars. (24)
and (25) redesignated (26) and (27), respectively.
Par. (26). Pub. L. 99-554, 201(2), inserted ''(but not a United
States trustee while serving as a trustee in a case under this title)''.
Pub. L. 99-554, 251(2), redesignated former par. (24) as (26).
Former par. (26) redesignated (28).
Pars. (27) to (42). Pub. L. 99-554, 251(2), redesignated former
pars. (25) to (40) as (27) to (42), respectively. Former pars. (41)
and (42) redesignated (43) and (44), respectively.
Par. (43). Pub. L. 99-554, 251(2), redesignated former par. (41) as
(43). Former par. (43) redesignated (45).
Par. (43)(A)(xv). Pub. L. 99-554, 283(a)(1), substituted
''security'' for ''secuity''.
Pars. (44) to (50). Pub. L. 99-554, 251(2), redesignated former
pars. (42) to (48) as (44) to (50), respectively. Former par. (49)
redesignated (51).
Par. (51). Pub. L. 99-554, 283(a)(2), substituted a period for the
semicolon at the end thereof.
Pub. L. 99-554, 251(2), redesignated former par. (49) as (51).
1984 -- Par. (2)(D). Pub. L. 98-353, 421(a), struck out ''or all''
after ''business''.
Par. (8)(B). Pub. L. 98-353, 421(b), substituted a semicolon for the
colon at end of subpar. (B).
Par. (9)(B). Pub. L. 98-353, 421(c), inserted reference to section
348(d).
Par. (14). Pub. L. 98-353, 421(d), inserted ''and'' after
''trust,''.
Pars. (19) to (21). Pub. L. 98-353, 421(j)(3), (4), added par.
(19) and redesignated former pars. (19), (20), and (21) as (20), (21),
and (24), respectively.
Pars. (22), (23). Pub. L. 98-353, 421(j)(2), (5), added pars. (22)
and (23) and redesignated former pars. (22) and (23) as (25) and (26),
respectively.
Pars. (24) to (26). Pub. L. 98-353, 421(j)(2), redesignated former
pars. (21) to (23) as (24) to (26), respectively. Former pars. (24)
to (26) redesignated (27) to (29), respectively.
Par. (27). Pub. L. 98-353, 421(e), (j)(2), redesignated former par.
(24) as (27) and substituted ''stockbroker'' for ''stock broker''.
Former par. (27) redesignated (30).
Par. (28). Pub. L. 98-353, 421(j)(2), redesignated former par. (25)
as (28). Former par. (28) redesignated (31).
Par. (29). Pub. L. 98-353, 421(f), (j)(2), redesignated former par.
(26) as (29) and, in subpar. (B)(ii), substituted ''nonpartnership''
and ''(A)'' for ''separate'' and ''(A)(ii)'', respectively, wherever
appearing. Former par. (29) redesignated (32).
Pars. (30) to (32). Pub. L. 98-353, 421(j)(2), redesignated former
pars. (27) to (29) as (30) to (32), respectively. Former pars. (30)
to (32) redesignated (33) to (35), respectively.
Par. (33). Pub. L. 98-353, 421(g), (j)(2), redesignated former par.
(30) as (33) and amended definition of ''person'' generally, thereby
inserting proviso relating to consideration of certain governmental
units as persons for purposes of section 1102 of this title. Former
par. (33) redesignated (36).
Par. (34). Pub. L. 98-353, 421(j)(2), redesignated former par. (31)
as (34). Former par. (34) redesignated (37).
Pars. (35), (36). Pub. L. 98-353, 421(j)(2), redesignated former
pars. (32) and (33) as (35) and (36), respectively. Former pars. (35)
and (36), as added by Pub. L. 98-353, 391(2), redesignated (38) and
(39), respectively.
Pub. L. 98-353, 391, added pars. (35) and (36), and redesignated
former pars. (35) and (36) as (37) and (38) which were again
redesignated as (40) and (41), respectively.
Par. (37). Pub. L. 98-353, 421(j)(2), redesignated former par. (34)
as (37). Former par. (37) redesignated successively as (39) and again
as (42).
Par. (38). Pub. L. 98-353, 391(2), 421(j)(2), added par. (35) and
redesignated such par. (35) as (38). Former par. (38) redesignated
successively as (40) and again as (43).
Par. (39). Pub. L. 98-353, 391(2), 421(j)(2), added par. (36) and
redesignated such par. (36) as (39). Former par. (39) redesignated
successively as (41) and again as (45).
Par. (40). Pub. L. 98-353, 391(1), 421(j)(2), redesignated
successively former par. (35) as (37) and again as (40). Former par.
(40) redesignated successively as (42) and again as (46).
Par. (41). Pub. L. 98-353, 391(1), 401(1), 421(h), (j)(2),
redesignated successively former par. (36) as (38) and again as (41),
and, in subpar. (B)(vi), substituted ''certificate of a kind specified
in subparagraph (A)(xii)'' for ''certificate specified in clause (xii)
of subparagraph (A)'' and substituted ''required to be the subject of a
registration statement'' for ''the subject of such registration
statement''. Former par. (41) redesignated successively as (43), again
as (44), and again as (48).
Par. (42). Pub. L. 98-353, 391(1), 421(j)(2), redesignated
successively former par. (37) as (39) and again as (42).
Par. (43). Pub. L. 98-353, 391(1), 421(j)(2), redesignated
successively former par. (38) as (40) and again as (43).
Pub. L. 98-353, 401, redesignated former par. (43), originally par.
(41), as (44), and added another par. (43) which was redesignated
(47).
Par. (44). Pub. L. 98-353, 421(j)(6), added par. (44). Former par.
(44) originally was par. (41) and was redesignated successively as
(43), again as (44), and again as (48).
Pars. (45), (46). Pub. L. 98-353, 391(1), 421(j)(1), redesignated
successively former pars. (39) and (40) as (41) and (42), and again as
(45) and (46), respectively.
Par. (47). Pub. L. 98-353, 401(2), 421(j)(1), added par. (43) and
redesignated such par. (43) as (47).
Par. (48). Pub. L. 98-353, 391(1), 401(1), 421(i), (j)(1),
redesignated successively former par. (41) as (43), again as (44), and
again as (48), and substituted ''and foreclosure of the debtor's equity
of redemption; and'' for the period at the end.
Par. (49). Pub. L. 98-353, 421(j)(7), added par. (49).
1982 -- Par. (35). Pub. L. 97-222, 1(a)(2), added par. (35).
Former par. (35) redesignated (36).
Par. (36). Pub. L. 97-222, 1(a)(1), (b), (c), redesignated par.
(35) as (36) and substituted ''is required to be the subject of a
registration statement'' for ''is the subject of a registration
statement'' in subpar. (A)(xii) and substituted ''forward contract''
for ''forward commodity contract'' in subpar. (B)(iii). Former par.
(36) redesignated (37).
Pars. (37) to (39). Pub. L. 97-222, 1(a)(1), redesignated pars.
(36) to (38) as (37) to (39), respectively. Former par. (39)
redesignated (40).
Pars. (40), (41). Pub. L. 97-222, 1(a)(1), (d), redesignated former
par. (39) as (40) and restructured its provisions by dividing the
former introductory provisions into subpars. (A) and (B) and by
redesignating former subpars. (A) and (B) as cls. (i) and (ii),
respectively, of subpar. (B). Former par. (40) redesignated (41).
Section 3017(c) of Pub. L. 102-486 provided that:
''(1) Except as provided in paragraph (2), the amendments made by
this section (amending this section and section 541 of this title) shall
take effect on the date of the enactment of this Act (Oct. 24, 1992).
''(2) The amendments made by this section shall not apply with
respect to cases commenced under title 11 of the United States Code
before the date of the enactment of this Act.''
Section 12 of Pub. L. 100-597 provided that:
''(a) Effective Date. -- Except as provided in subsection (b), this
Act and the amendments made by this Act (enacting sections 927 to 929 of
this title, amending this section and sections 109, 901, 902, 922, 926,
and 943 of this title, and renumbering section 927 of this title as 930)
shall take effect on the date of the enactment of this Act (Nov. 3,
1988).
''(b) Application of Amendments. -- The amendments made by this Act
shall not apply with respect to cases commenced under title 11 of the
United States Code before the date of the enactment of this Act (Nov. 3,
1988).''
Section 2 of Pub. L. 100-506 provided that:
''(a) Effective Date. -- Except as provided in subsection (b), this
Act and the amendments made by this Act (amending this section and
section 365 of this title) shall take effect on the date of the
enactment of this Act (Oct. 18, 1988).
''(b) Application of Amendments. -- The amendments made by this Act
shall not apply with respect to any case commenced under title 11 of the
United States Code before the date of the enactment of this Act (Oct.
18, 1988).''
Effective date and applicability of amendment by section 201 of Pub.
L. 99-554 dependent upon the judicial district involved, see section
302(d), (e) of Pub. L. 99-554, set out as a note under section 581 of
Title 28, Judiciary and Judicial Procedure.
Amendment by section 251 of Pub. L. 99-554 effective 30 days after
Oct. 27, 1986, but not applicable to cases commenced under this title
before that date, see section 302(a), (c)(1) of Pub. L. 99-554.
Amendment by section 283 of Pub. L. 99-554 effective 30 days after
Oct. 27, 1986, see section 302(a) of Pub. L. 99-554.
Section 552, formerly 553, of title III ( 301-553) of Pub. L.
98-353, as renumbered by Pub. L. 98-531, 1(2), Oct. 19, 1984, 98
Stat. 2704, provided that:
''(a) Except as otherwise provided in this section the amendments
made by this title (see Tables for classification) shall become
effective to cases filed 90 days after the date of enactment of this Act
(July 10, 1984).
''(b) The amendments made by section 426(b) (amending section 303 of
this title) shall become effective upon the date of enactment of this
Act.
''(c) The amendments made by subtitle J (enacting section 1113 of
this title), shall become effective as provided in section 541(c) (set
out as an Effective Date note under section 1113 of this title).''
Pub. L. 101-581, 1, Nov. 15, 1990, 104 Stat. 2865, and section
3101 of title XXXI of Pub. L. 101-647, provided respectively that such
Act and such title (amending sections 523 and 1328 of this title and
enacting provisions set out as a note under section 523 of this title)
may be cited as the ''Criminal Victims Protection Act of 1990''.
Pub. L. 100-334, 1, June 16, 1988, 102 Stat. 610, provided that:
''This Act (enacting section 1114 of this title, amending section 1129
of this title, enacting provisions set out as a note under section 1114
of this title, and amending and repealing provisions set out as notes
under section 1106 of this title) may be cited as the 'Retiree Benefits
Bankruptcy Protection Act of 1988'.''
Section 361 of subtitle C ( 361-363) of title III of Pub. L.
98-353 provided that: ''This subtitle (amending sections 362, 365, and
541 of this title) may be cited as the 'Leasehold Management Bankruptcy
Amendments Act of 1983'.''
Section 551 of title III ( 301-553) of Pub. L. 98-353 provided
that: ''If any provision of this title or any amendment made by this
title (see Tables for classification), or the application thereof to any
person or circumstance is held invalid, the provisions of every other
part, and their application shall not be affected thereby.''
title 7 section 6; title 12
sections 1787, 1821;
title 15 sections 78eee, 78fff-1; title 28 section
1930.
/1/ So in original. The word ''and'' probably should not appear.
/2/ So in original. The period probably should be a semicolon.
/3/ Another par. (54) follows first par. (57).
/4/ Another par. (55) follows second par. (54).
/5/ Another par. (56) follows second par. (55).
/6/ Another par. (57) follows second par. (56).
/7/ So in original. The period probably should be a semicolon.
/8/ So in original. Probably should be ''(58)''.
/9/ So in original. Probably should be ''(59)''.
/10/ So in original. Probably should be ''(60)''.
/11/ So in original. Probably should be ''(61)''.
11 USC 102. Rules of construction
TITLE 11 -- BANKRUPTCY
In this title --
(1) ''after notice and a hearing'', or a similar phrase --
(A) means after such notice as is appropriate in the particular
circumstances, and such opportunity for a hearing as is appropriate in
the particular circumstances; but
(B) authorizes an act without an actual hearing if such notice is
given properly and if --
(i) such a hearing is not requested timely by a party in interest;
or
(ii) there is insufficient time for a hearing to be commenced before
such act must be done, and the court authorizes such act;
(2) ''claim against the debtor'' includes claim against property of
the debtor;
(3) ''includes'' and ''including'' are not limiting;
(4) ''may not'' is prohibitive, and not permissive;
(5) ''or'' is not exclusive;
(6) ''order for relief'' means entry of an order for relief;
(7) the singular includes the plural;
(8) a definition, contained in a section of this title that refers to
another section of this title, does not, for the purpose of such
reference, affect the meaning of a term used in such other section; and
(9) ''United States trustee'' includes a designee of the United
States trustee.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2554; Pub. L. 98-353, title
III, 422, July 10, 1984, 98 Stat. 369; Pub. L. 99-554, title II, 202,
Oct. 27, 1986, 100 Stat. 3097.)
Section 102 specifies various rules of construction but is not
exclusive. Other rules of construction that are not set out in title 11
are nevertheless intended to be followed in construing the bankruptcy
code. For example, the phrase ''on request of a party in interest'' or
a similar phrase, is used in connection with an action that the court
may take in various sections of the Code. The phrase is intended to
restrict the court from acting sua sponte. Rules of bankruptcy
procedure or court decisions will determine who is a party in interest
for the particular purposes of the provision in question, but the court
will not be permitted to act on its own.
Although ''property'' is not construed in this section, it is used
consistently throughout the code in its broadest sense, including cash,
all interests in property, such as liens, and every kind of
consideration including promises to act or forbear to act as in section
548(d).
Section 102(1) expands on a rule of construction contained in H.R.
8200 as passed by the House and in the Senate amendment. The phrase
''after notice and a hearing'', or a similar phrase, is intended to be
construed according to the particular proceeding to mean after such
notice as is appropriate in the particular circumstances, and such
opportunity, if any, for a hearing as is appropriate in the particular
circumstances. If a provision of title 11 authorizes an act to be taken
''after notice and a hearing'' this means that if appropriate notice is
given and no party to whom such notice is sent timely requests a
hearing, then the act sought to be taken may be taken without an actual
hearing.
In very limited emergency circumstances, there will be insufficient
time for a hearing to be commenced before an action must be taken. The
action sought to be taken may be taken if authorized by the court at an
ex parte hearing of which a record is made in open court. A full
hearing after the fact will be available in such an instance.
In some circumstances, such as under section 1128, the bill requires
a hearing and the court may act only after a hearing is held. In those
circumstances the judge will receive evidence before ruling. In other
circumstances, the court may take action ''after notice and a hearing,''
if no party in interest requests a hearing. In that event a court order
authorizing the action to be taken is not necessary as the ultimate
action taken by the court implies such an authorization.
Section 102(8) is new. It contains a rule of construction indicating
that a definition contained in a section in title 11 that refers to
another section of title 11 does not, for the purposes of such
reference, take the meaning of a term used in the other section. For
example, section 522(a)(2) defines ''value'' for the purposes of section
522. Section 548(d)(2) defines ''value'' for purposes of section 548.
When section 548 is incorporated by reference in section 522, this rule
of construction makes clear that the definition of ''value'' in section
548 governs its meaning in section 522 notwithstanding a different
definition of ''value'' in section 522(a)(2).
Section 102 provides seven rules of construction. Some are derived
from current law; others are derived from 1 U.S.C. 1; a few are new.
They apply generally throughout proposed title 11. These are terms that
are not appropriate for definition, but that require an explanation.
Paragraph (1) defines the concept of ''after notice and a hearing.''
The concept is central to the bill and to the separation of the
administrative and judicial functions of bankruptcy judges. The phrase
means after such notice as is appropriate in the particular
circumstances (to be prescribed by either the Rules of Bankruptcy
Procedure or by the court in individual circumstances that the Rules do
not cover. In many cases, the Rules will provide for combined notice of
several proceedings), and such opportunity for a hearing as is
appropriate in the particular circumstances. Thus, a hearing will not
be necessary in every instance. If there is no objection to the
proposed action, the action may go ahead without court action. This is
a significant change from present law, which requires the affirmative
approval of the bankruptcy judge for almost every action. The change
will permit the bankruptcy judge to stay removed from the administration
of the bankruptcy or reorganization case, and to become involved only
when there is a dispute about a proposed action, that is, only when
there is an objection. The phrase ''such opportunity for a hearing as
is appropriate in the particular circumstances'' is designed to permit
the Rules and the courts to expedite or dispense with hearings when
speed is essential. The language ''or similar phrase'' is intended to
cover the few instances in the bill where ''after notice and a hearing''
is interrupted by another phrase, such as ''after notice to the debtor
and a hearing.''
Paragraph (2) specifies that ''claim against the debtor'' includes
claim against property of the debtor. This paragraph is intended to
cover nonrecourse loan agreements where the creditor's only rights are
against property of the debtor, and not against the debtor personally.
Thus, such an agreement would give rise to a claim that would be treated
as a claim against the debtor personally, for the purposes of the
bankruptcy code.
Paragraph (3) is a codification of American Surety Co. v. Marotta,
287 U.S. 513 (1933). It specifies that ''includes'' and ''including''
are not limiting.
Paragraph (4) specifies that ''may not'' is prohibitive and not
permissive (such as in ''might not'').
Paragraph (5) specifies that ''or'' is not exclusive. Thus, if a
party ''may do (a) or (b)'', then the party may do either or both. The
party is not limited to a mutually exclusive choice between the two
alternatives.
Paragraph (6) makes clear that ''order for relief'' means entry of an
order for relief. If the court orally orders relief, but the order is
not entered until a later time, then any time measurements in the bill
are from entry, not from the oral order. In a voluntary case, the entry
of the order for relief is the filing of the petition commencing the
voluntary case.
Paragraph (7) specifies that the singular includes the plural. The
plural, however, generally does not include the singular. The bill uses
only the singular, even when the item in question most often is found in
plural quantities, in order to avoid the confusion possible if both
rules of construction applied. When an item is specified in the plural,
the plural is intended.
1986 -- Par. (9). Pub. L. 99-554 added par. (9).
1984 -- Par. (8). Pub. L. 98-353 substituted ''contained'' for
''continued''.
Effective date and applicability of amendment by Pub. L. 99-554
dependent upon the judicial district involved, see section 302(d), (e)
of Pub. L. 99-554, set out as a note under section 581 of Title 28,
Judiciary and Judicial Procedure.
Amendment by Pub. L. 98-353 effective with respect to cases filed 90
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out
as a note under section 101 of this title.
11 USC 103. Applicability of chapters
TITLE 11 -- BANKRUPTCY
(a) Except as provided in section 1161 of this title, chapters 1, 3,
and 5 of this title apply in a case under chapter 7, 11, 12, or 13 of
this title.
(b) Subchapters I and II of chapter 7 of this title apply only in a
case under such chapter.
(c) Subchapter III of chapter 7 of this title applies only in a case
under such chapter concerning a stockbroker.
(d) Subchapter IV of chapter 7 of this title applies only in a case
under such chapter concerning a commodity broker.
(e) Except as provided in section 901 of this title, only chapters 1
and 9 of this title apply in a case under such chapter 9.
(f) Except as provided in section 901 of this title, subchapters I,
II, and III of chapter 11 of this title apply only in a case under such
chapter.
(g) Subchapter IV of chapter 11 of this title applies only in a case
under such chapter concerning a railroad.
(h) Chapter 13 of this title applies only in a case under such
chapter.
(i) Chapter 12 of this title applies only in a case under such
chapter.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 97-222, 2,
July 27, 1982, 96 Stat. 235; Pub. L. 98-353, title III, 423, July 10,
1984, 98 Stat. 369; Pub. L. 99-554, title II, 252, Oct. 27, 1986, 100
Stat. 3104.)
Section 103 prescribes which chapters of the proposed bankruptcy code
apply in various cases. All cases, other than cases ancillary to
foreign proceedings, are filed under chapter 7, 9, 11, or 13, the
operative chapters of the proposed bankruptcy code. The general
provisions that apply no matter which chapter a case is filed under are
found in chapters 1, 3, and 5. Subsection (a) makes this explicit, with
an exception for chapter 9. The other provisions, which are
self-explanatory, provide the special rules for Stockbroker
Liquidations, Commodity Broker Liquidations, Municipal Debt Adjustments,
and Railroad Reorganizations.
1986 -- Subsec. (a). Pub. L. 99-554, 252(1), inserted reference to
chapter 12.
Subsec. (i). Pub. L. 99-554, 252(2), added subsec. (i).
1984 -- Subsec. (c). Pub. L. 98-353 substituted ''stockbroker'' for
''stockholder''.
1982 -- Subsec. (d). Pub. L. 97-222 struck out ''except with respect
to section 746(c) which applies to margin payments made by any debtor to
a commodity broker or forward contract merchant'' after ''concerning a
commodity broker''.
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
but not applicable to cases commenced under this title before that date,
see section 302(a), (c)(1) of Pub. L. 99-554, set out as a note under
section 581 of Title 28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 98-353 effective with respect to cases filed 90
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out
as a note under section 101 of this title.
11 USC 104. Adjustment of dollar amounts
TITLE 11 -- BANKRUPTCY
The Judicial Conference of the United States shall transmit to the
Congress and to the President before May 1, 1985, and before May 1 of
every sixth year after May 1, 1985, a recommendation for the uniform
percentage adjustment of each dollar amount in this title and in section
1930 of title 28.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2555.)
Section 104 represents a compromise between the House bill and the
Senate amendment with respect to the adjustment of dollar amounts in
title 11. The House amendment authorizes the Judicial Conference of the
United States to transmit a recommendation for the uniform percentage of
adjustment for each dollar amount in title 11 and in 28 U.S.C. 1930 to
the Congress and to the President before May 1, 1985, and before May 1
of every sixth year thereafter. The requirement in the House bill that
each such recommendation be based only on any change in the
cost-of-living increase during the period immediately preceding the
recommendation is deleted.
This section requires that the Director of the Administrative Office
of the U. S. Courts report to Congress and the President before Oct.
1, 1985, and before May 1 every 6 years thereafter a recommendation for
adjustment in dollar amounts found in this title. The Committee feels
that regular adjustment of the dollar amounts by the Director will
conserve congressional time and yet assure that the relative dollar
amounts used in the bill are maintained. Changes in the cost of living
should be a significant, but not necessarily the only, factor considered
by the Director. The fact that there has been an increase in the cost
of living does not necessarily mean that an adjustment of dollar amounts
would be needed or warranted.
This section requires the Judicial Conference to report to the
Congress every four years after the effective date of the bankruptcy
code any changes that have occurred in the cost of living during the
preceding four years, and the appropriate adjustments to the dollar
amounts in the bill. The dollar amounts are found primarily in the
exemption section (11 U.S.C. 522), the wage priority (11 U.S.C. 507),
and the eligibility for chapter 13 (11 U.S.C. 109). This section
requires that the Conference recommend uniform percentage changes in
these amounts based solely on cost of living changes. The dollar
amounts in the bill would not change on that recommendation, absent
Congressional veto. Instead, Congress is required to take affirmative
action, by passing a law amending the appropriate section, if it wishes
to accomplish the change.
If the Judicial Conference has policy recommendations concerning the
appropriate dollar amounts in the bankruptcy code based other than on
cost of living considerations there are adequate channels through which
it may communicate its views. This section is solely for the
housekeeping function of maintaining the dollar amounts in the code at
fairly constant real dollar levels.
11 USC 105. Power of court
TITLE 11 -- BANKRUPTCY
(a) The court may issue any order, process, or judgment that is
necessary or appropriate to carry out the provisions of this title. No
provision of this title providing for the raising of an issue by a party
in interest shall be construed to preclude the court from, sua sponte,
taking any action or making any determination necessary or appropriate
to enforce or implement court orders or rules, or to prevent an abuse of
process.
(b) Notwithstanding subsection (a) of this section, a court may not
appoint a receiver in a case under this title.
(c) The ability of any district judge or other officer or employee of
a district court to exercise any of the authority or responsibilities
conferred upon the court under this title shall be determined by
reference to the provisions relating to such judge, officer, or employee
set forth in title 28. This subsection shall not be interpreted to
exclude bankruptcy judges and other officers or employees appointed
pursuant to chapter 6 of title 28 from its operation.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2555; Pub. L. 98-353, title
I, 118, July 10, 1984, 98 Stat. 344; Pub. L. 99-554, title II, 203,
Oct. 27, 1986, 100 Stat. 3097.)
Section 105 is derived from section 2a (15) of present law (section
11(a)(15) of former title 11), with two changes. First, the limitation
on the power of a bankruptcy judge (the power to enjoin a court being
reserved to the district judge) is removed as inconsistent with the
increased powers and jurisdiction of the new bankruptcy court. Second,
the bankruptcy judge is prohibited from appointing a receiver in a case
under title 11 under any circumstances. The bankruptcy code has ample
provision for the appointment of a trustee when needed. Appointment of
a receiver would simply circumvent the established procedures.
This section is also an authorization, as required under 28 U.S.C.
2283, for a court of the United States to stay the action of a State
court. As such, Toucey v. New York Life Insurance Company, 314 U.S.
118 (1941), is overruled.
1986 -- Subsec. (a). Pub. L. 99-554 inserted at end ''No provision
of this title providing for the raising of an issue by a party in
interest shall be construed to preclude the court from, sua sponte,
taking any action or making any determination necessary or appropriate
to enforce or implement court orders or rules, or to prevent an abuse of
process.''
1984 -- Subsecs. (a), (b). Pub. L. 98-353, 118(1), struck out
''bankruptcy'' before ''court''.
Subsec. (c). Pub. L. 98-353, 118(2), added subsec. (c).
Effective date and applicability of amendment by Pub. L. 99-554
dependent upon the judicial district involved, see section 302(d), (e)
of Pub. L. 99-554, set out as a note under section 581 of Title 28,
Judiciary and Judicial Procedure.
Amendment by Pub. L. 98-353 effective July 10, 1984, see section
122(a) of Pub. L. 98-353, set out as an Effective Date note under
section 151 of Title 28, Judiciary and Judicial Procedure.
11 USC 106. Waiver of sovereign immunity
TITLE 11 -- BANKRUPTCY
(a) A governmental unit is deemed to have waived sovereign immunity
with respect to any claim against such governmental unit that is
property of the estate and that arose out of the same transaction or
occurrence out of which such governmental unit's claim arose.
(b) There shall be offset against an allowed claim or interest of a
governmental unit any claim against such governmental unit that is
property of the estate.
(c) Except as provided in subsections (a) and (b) of this section and
notwithstanding any assertion of sovereign immunity --
(1) a provision of this title that contains ''creditor'', ''entity'',
or ''governmental unit'' applies to governmental units; and
(2) a determination by the court of an issue arising under such a
provision binds governmental units.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2555.)
Section 106(c) relating to sovereign immunity is new. The provision
indicates that the use of the term ''creditor,'' ''entity,'' or
''governmental unit'' in title 11 applies to governmental units
notwithstanding any assertion of sovereign immunity and that an order of
the court binds governmental units. The provision is included to comply
with the requirement in case law that an express waiver of sovereign
immunity is required in order to be effective. Section 106(c) codifies
In re Gwilliam, 519 F.2d 407 (9th Cir., 1975), and In re Dolard, 519
F.2d 282 (9th Cir., 1975), permitting the bankruptcy court to determine
the amount and dischargeability of tax liabilities owing by the debtor
or the estate prior to or during a bankruptcy case whether or not the
governmental unit to which such taxes are owed files a proof of claim.
Except as provided in sections 106(a) and (b), subsection (c) is not
limited to those issues, but permits the bankruptcy court to bind
governmental units on other matters as well. For example, section
106(c) permits a trustee or debtor in possession to assert avoiding
powers under title 11 against a governmental unit; contrary language in
the House report to H.R. 8200 is thereby overruled.
Section 106 provides for a limited waiver of sovereign immunity in
bankruptcy cases. Though Congress has the power to waive sovereign
immunity for the Federal government completely in bankruptcy cases, the
policy followed here is designed to achieve approximately the same
result that would prevail outside of bankruptcy. Congress does not,
however, have the power to waive sovereign immunity completely with
respect to claims of a bankrupt estate against a State, though it may
exercise its bankruptcy power through the supremacy clause to prevent or
prohibit State action that is contrary to bankruptcy policy.
There is, however, a limited change from the result that would
prevail in the absence of bankruptcy; the change is two-fold and is
within Congress' power vis-a-vis both the Federal Government and the
States. First, the filing of a proof of claim against the estate by a
governmental unit is a waiver by that governmental unit of sovereign
immunity with respect to compulsory counterclaims, as defined in the
Federal Rules of Civil Procedure (title 28, appendix), that is,
counterclaims arising out of the same transaction or occurrence. The
governmental unit cannot receive a distribution from the estate without
subjecting itself to any liability it has to the estate within the
confines of a compulsory counterclaim rule. Any other result would be
one-sided. The counterclaim by the estate against the governmental unit
is without limit.
Second, the estate may offset against the allowed claim of a
governmental unit, up to the amount of the governmental unit's claim,
any claim that the debtor, and thus the estate, has against the
governmental unit, without regard to whether the estate's claim arose
out of the same transaction or occurrence as the government's claim.
Under this provision, the setoff permitted is only to the extent of the
governmental unit's claim. No affirmative recovery is permitted.
Subsection (a) governs affirmative recovery.
Though this subsection creates a partial waiver of immunity when the
governmental unit files a proof of claim, it does not waive immunity if
the debtor or trustee, and not the governmental unit, files proof of a
governmental unit's claim under proposed 11 U.S.C. 501(c).
This section does not confer sovereign immunity on any governmental
unit that does not already have immunity. It simply recognizes any
immunity that exists and prescribes the proper treatment of claims by
and against that sovereign.
11 USC 107. Public access to papers
TITLE 11 -- BANKRUPTCY
(a) Except as provided in subsection (b) of this section, a paper
filed in a case under this title and the dockets of a bankruptcy court
are public records and open to examination by an entity at reasonable
times without charge.
(b) On request of a party in interest, the bankruptcy court shall,
and on the bankruptcy court's own motion, the bankruptcy court may --
(1) protect an entity with respect to a trade secret or confidential
research, development, or commercial information; or
(2) protect a person with respect to scandalous or defamatory matter
contained in a paper filed in a case under this title.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2556.)
Subsection (a) of this section makes all papers filed in a bankruptcy
case and the dockets of the bankruptcy court public and open to
examination at reasonable times without charge. ''Docket'' includes the
claims docket, the proceedings docket, and all papers filed in a case.
Subsection (b) permits the court, on its own motion, and requires the
court, on the request of a party in interest, to protect trade secrets,
confidential research, development, or commercial information, and to
protect persons against scandalous or defamatory matter.
11 USC 108. Extension of time
TITLE 11 -- BANKRUPTCY
(a) If applicable nonbankruptcy law, an order entered in a
nonbankruptcy proceeding, or an agreement fixes a period within which
the debtor may commence an action, and such period has not expired
before the date of the filing of the petition, the trustee may commence
such action only before the later of --
(1) the end of such period, including any suspension of such period
occurring on or after the commencement of the case; or
(2) two years after the order for relief.
(b) Except as provided in subsection (a) of this section, if
applicable nonbankruptcy law, an order entered in a nonbankruptcy
proceeding, or an agreement fixes a period within which the debtor or an
individual protected under section 1201 or 1301 of this title may file
any pleading, demand, notice, or proof of claim or loss, cure a default,
or perform any other similar act, and such period has not expired before
the date of the filing of the petition, the trustee may only file, cure,
or perform, as the case may be, before the later of --
(1) the end of such period, including any suspension of such period
occurring on or after the commencement of the case; or
(2) 60 days after the order for relief.
(c) Except as provided in section 524 of this title, if applicable
nonbankruptcy law, an order entered in a nonbankruptcy proceeding, or an
agreement fixes a period for commencing or continuing a civil action in
a court other than a bankruptcy court on a claim against the debtor, or
against an individual with respect to which such individual is protected
under section 1201 or 1301 of this title, and such period has not
expired before the date of the filing of the petition, then such period
does not expire until the later of --
(1) the end of such period, including any suspension of such period
occurring on or after the commencement of the case; or
(2) 30 days after notice of the termination or expiration of the stay
under section 362, 922, 1201, or 1301 of this title, as the case may be,
with respect to such claim.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2556; Pub. L. 98-353, title
III, 424, July 10, 1984, 98 Stat. 369; Pub. L. 99-554, title II,
257(b), Oct. 27, 1986, 100 Stat. 3114.)
Extension of time: The House amendment adopts section 108(c)(1) of
the Senate amendment which expressly includes any special suspensions of
statutes of limitation periods on collection outside bankruptcy when
assets are under the authority of a court. For example, section 6503(b)
of the Internal Revenue Code (title 26) suspends collection of tax
liabilities while the debtor's assets are in the control or custody of a
court, and for 6 months thereafter. By adopting the language of the
Senate amendment, the House amendment insures not only that the period
for collection of the taxes outside bankruptcy will not expire during
the title 11 proceedings, but also that such period will not expire
until at least 6 months thereafter, which is the minimum suspension
period provided by the Internal Revenue Code (title 26).
Subsections (a) and (b), derived from Bankruptcy Act section 11
(section 29 of former title 11), permit the trustee, when he steps into
the shoes of the debtor, an extension of time for filing an action or
doing some other act that is required to preserve the debtor's rights.
Subsection (a) extends any statute of limitation for commencing or
continuing an action by the debtor for two years after the date of the
order for relief, unless it would expire later. Subsection (b) gives
the trustee 60 days to take other actions not covered under subsection
(a), such as filing a pleading, demand, notice, or proof of claim or
loss (such as an insurance claim), unless the period for doing the
relevant act expires later than 60 days after the date of the order for
relief.
Subsection (c) extends the statute of limitations for creditors.
Thus, if a creditor is stayed from commencing or continuing an action
against the debtor because of the bankruptcy case, then the creditor is
permitted an additional 30 days after notice of the event by which the
stay is terminated, whether that event be relief from the automatic stay
under proposed 11 U.S.C. 362 or 1301, the closing of the bankruptcy case
(which terminates the stay), or the exception from discharge of the
debts on which the creditor claims.
In the case of Federal tax liabilities, the Internal Revenue Code
(title 26) suspends the statute of limitations on a tax liability of a
taxpayer from running while his assets are in the control or custody of
a court and for 6 months thereafter (sec. 6503(b) of the Code (title
26)). The amendment applies this rule in a title 11 proceeding.
Accordingly, the statute of limitations on collection of a
nondischargeable Federal tax liability of a debtor will resume running
after 6 months following the end of the period during which the debtor's
assets are in the control or custody of the bankruptcy court. This rule
will provide the Internal Revenue Service adequate time to collect
nondischargeable taxes following the end of the title 11 proceedings.
1986 -- Subsec. (b). Pub. L. 99-554, 257(b)(1), inserted reference
to section 1201 of this title.
Subsec. (c). Pub. L. 99-554, 257(b)(2)(A), inserted reference to
section 1201 of this title in provisions preceding par. (1).
Subsec. (c)(2). Pub. L. 99-554, 257(b)(2)(B), which directed the
amendment of subsec. (c) by inserting ''1201,'' after ''722,'' was
executed to par. (2) by inserting ''1201,'' after ''922,'' as the
probable intent of Congress.
1984 -- Subsec. (a). Pub. L. 98-353, 424(b), inserted
''nonbankruptcy'' after ''applicable'' and ''entered in a'' in
provisions preceding par. (1).
Subsec. (a)(1). Pub. L. 98-353, 424(a), substituted ''or'' for
''and'' after the semicolon.
Subsec. (b). Pub. L. 98-353, 424(b), inserted ''nonbankruptcy''
after ''applicable'' and ''entered in a'' in provisions preceding par.
(1).
Subsec. (b)(1). Pub. L. 98-353, 424(a), substituted ''or'' for
''and'' after the semicolon.
Subsec. (c). Pub. L. 98-353, 424(b), inserted ''nonbankruptcy''
after ''applicable'' and ''entered in a'' in provisions preceding par.
(1).
Subsec. (c)(1). Pub. L. 98-353, 424(a), substituted ''or'' for
''and'' after the semicolon.
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
but not applicable to cases commenced under this title before that date,
see section 302(a), (c)(1) of Pub. L. 99-554, set out as a note under
section 581 of Title 28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 98-353 effective with respect to cases filed 90
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out
as a note under section 101 of this title.
11 USC 109. Who may be a debtor
TITLE 11 -- BANKRUPTCY
(a) Notwithstanding any other provision of this section, only a
person that resides or has a domicile, a place of business, or property
in the United States, or a municipality, may be a debtor under this
title.
(b) A person may be a debtor under chapter 7 of this title only if
such person is not --
(1) a railroad;
(2) a domestic insurance company, bank, savings bank, cooperative
bank, savings and loan association, building and loan association,
homestead association, credit union, or industrial bank or similar
institution which is an insured bank as defined in section 3(h) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(h)); or
(3) a foreign insurance company, bank, savings bank, cooperative
bank, savings and loan association, building and loan association,
homestead association, or credit union, engaged in such business in the
United States.
(c) An entity may be a debtor under chapter 9 of this title if and
only if such entity --
(1) is a municipality;
(2) is generally authorized to be a debtor under such chapter by
State law, or by a governmental officer or organization empowered by
State law to authorize such entity to be a debtor under such chapter;
(3) is insolvent;
(4) desires to effect a plan to adjust such debts; and
(5)(A) has obtained the agreement of creditors holding at least a
majority in amount of the claims of each class that such entity intends
to impair under a plan in a case under such chapter;
(B) has negotiated in good faith with creditors and has failed to
obtain the agreement of creditors holding at least a majority in amount
of the claims of each class that such entity intends to impair under a
plan in a case under such chapter;
(C) is unable to negotiate with creditors because such negotiation is
impracticable; or
(D) reasonably believes that a creditor may attempt to obtain a
transfer that is avoidable under section 547 of this title.
(d) Only a person that may be a debtor under chapter 7 of this title,
except a stockbroker or a commodity broker, and a railroad may be a
debtor under chapter 11 of this title.
(e) Only an individual with regular income that owes, on the date of
the filing of the petition, noncontingent, liquidated, unsecured debts
of less than $100,000 and noncontingent, liquidated, secured debts of
less than $350,000, or an individual with regular income and such
individual's spouse, except a stockbroker or a commodity broker, that
owe, on the date of the filing of the petition, noncontingent,
liquidated, unsecured debts that aggregate less than $100,000 and
noncontingent, liquidated, secured debts of less than $350,000 may be a
debtor under chapter 13 of this title.
(f) Only a family farmer with regular annual income may be a debtor
under chapter 12 of this title.
(g) Notwithstanding any other provision of this section, no
individual or family farmer may be a debtor under this title who has
been a debtor in a case pending under this title at any time in the
preceding 180 days if --
(1) the case was dismissed by the court for willful failure of the
debtor to abide by orders of the court, or to appear before the court in
proper prosecution of the case; or
(2) the debtor requested and obtained the voluntary dismissal of the
case following the filing of a request for relief from the automatic
stay provided by section 362 of this title.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2557; Pub. L. 97-320, title
VII, 703(d), Oct. 15, 1982, 96 Stat. 1539; Pub. L. 98-353, title III,
301, 425, July 10, 1984, 98 Stat. 352, 369; Pub. L. 99-554, title II,
253, Oct. 27, 1986, 100 Stat. 3105; Pub. L. 100-597, 2, Nov. 3,
1988, 102 Stat. 3028.)
Section 109(b) of the House amendment adopts a provision contained in
H.R. 8200 as passed by the House. Railroad liquidations will occur
under chapter 11, not chapter 7.
Section 109(c) contains a provision which tracks the Senate amendment
as to when a municipality may be a debtor under chapter 11 of title 11.
As under the Bankruptcy Act (former title 11), State law authorization
and prepetition negotiation efforts are required.
Section 109(e) represents a compromise between H.R. 8200 as passed by
the House and the Senate amendment relating to the dollar amounts
restricting eligibility to be a debtor under chapter 13 of title 11.
The House amendment adheres to the limit of $100,000 placed on unsecured
debts in H.R. 8200 as passed by the House. It adopts a midpoint of
$350,000 as a limit on secured claims, a compromise between the level of
$500,000 in H.R. 8200 as passed by the House and $200,000 as contained
in the Senate amendment.
This section specifies eligibility to be a debtor under the
bankruptcy laws. The first criterion, found in the current Bankruptcy
Act section 2a(1) (section 11(a)(1) of former title 11) requires that
the debtor reside or have a domicile, a place of business, or property
in the United States.
Subsection (b) defines eligibility for liquidation under chapter 7.
All persons are eligible except insurance companies, and certain banking
institutions. These exclusions are contained in current law. However,
the banking institution exception is expanded in light of changes in
various banking laws since the current law was last amended on this
point. A change is also made to clarify that the bankruptcy laws cover
foreign banks and insurance companies not engaged in the banking or
insurance business in the United States but having assets in the United
States. Banking institutions and insurance companies engaged in
business in this country are excluded from liquidation under the
bankruptcy laws because they are bodies for which alternate provision is
made for their liquidation under various State or Federal regulatory
laws. Conversely, when a foreign bank or insurance company is not
engaged in the banking or insurance business in the United States, then
those regulatory laws do not apply, and the bankruptcy laws are the only
ones available for administration of any assets found in United States.
The first clause of subsection (b) provides that a railroad is not a
debtor except where the requirements of section 1174 are met.
Subsection (c) (now (d)) provides that only a person who may be a
debtor under chapter 7 and a railroad may also be a debtor under chapter
11, but a stockbroker or commodity broker is eligible for relief only
under chapter 7. Subsection (d) (now (e)) establishes dollar
limitations on the amount of indebtedness that an individual with
regular income can incur and yet file under chapter 13.
Subsection (c) defines eligibility for chapter 9. Only a
municipality that is unable to pay its debts as they mature, and that is
not prohibited by State law from proceeding under chapter 9, is
permitted to be a chapter 9 debtor. The subsection is derived from
Bankruptcy Act 84 (section 404 of former title 11), with two changes.
First, section 84 requires that the municipality be ''generally
authorized to file a petition under this chapter by the legislature, or
by a governmental officer or organization empowered by State law to
authorize the filing of a petition.'' The ''generally authorized''
language is unclear, and has generated a problem for a Colorado
Metropolitan District that attempted to use chapter IX (chapter 9 of
former title 11) in 1976. The ''not prohibited'' language provides
flexibility for both the States and the municipalities involved, while
protecting State sovereignty as required by Ashton v. Cameron County
Water District No. 1, 298 U.S. 513 (1936) (56 S.Ct. 892, 80 L.Ed.
1309, 31 Am.Bankr.Rep.N.S. 96, rehearing denied 57 S.Ct. 5, 299 U.S.
619, 81 L.Ed. 457) and Bekins v. United States, 304 U.S. 27 (1938) (58
S.Ct. 811, 82 L.Ed. 1137, 36 Am.Bankr.Rep.N.S. 187, rehearing denied 58
S.Ct. 1043, 1044, 304 U.S. 589, 82 L.Ed. 1549).
The second change deletes the four prerequisites to filing found in
section 84 (section 404 of former title 11). The prerequisites require
the municipality to have worked out a plan in advance, to have attempted
to work out a plan without success, to fear that a creditor will attempt
to obtain a preference, or to allege that prior negotiation is
impracticable. The loopholes in those prerequisites are larger than the
requirement itself. It was a compromise from pre-1976 chapter IX
(chapter 9 of former title 11) under which a municipality could file
only if it had worked out an adjustment plan in advance. In the
meantime, chapter IX protection was unavailable. There was some
controversy at the time of the enactment of current chapter IX
concerning deletion of the pre-negotiation requirement. It was argued
that deletion would lead to a rash of municipal bankruptcies. The
prerequisites now contained in section 84 were inserted to assuage that
fear. They are largely cosmetic and precatory, however, and do not
offer any significant deterrent to use of chapter IX. Instead, other
factors, such as a general reluctance on the part of any debtor,
especially a municipality, to use the bankruptcy laws, operates as a
much more effective deterrent against capricious use.
Subsection (d) permits a person that may proceed under chapter 7 to
be a debtor under chapter 11, Reorganization, with two exceptions.
Railroads, which are excluded from chapter 7, are permitted to proceed
under chapter 11. Stockbrokers and commodity brokers, which are
permitted to be debtors under chapter 7, are excluded from chapter 11.
The special rules for treatment of customer accounts that are the
essence of stockbroker and commodity broker liquidations are available
only in chapter 7. Customers would be unprotected under chapter 11.
The special protective rules are unavailable in chapter 11 because their
complexity would make reorganization very difficult at best, and
unintelligible at worst. The variety of options available in
reorganization cases make it extremely difficult to reorganize and
continue to provide the special customer protection necessary in these
cases.
Subsection (e) specifies eligibility for chapter 13, Adjustment of
Debts of an Individual with Regular Income. An individual with regular
income, or an individual with regular income and the individual's
spouse, may proceed under chapter 13. As noted in connection with the
definition of the term ''individual with regular income'', this
represents a significant departure from current law. The change might
have been too great, however, without some limitation. Thus, the debtor
(or the debtor and spouse) must have unsecured debts that aggregate less
than $100,000, and secured debts that aggregate less than $500,000.
These figures will permit the small sole proprietor, for whom a chapter
11 reorganization is too cumbersome a procedure, to proceed under
chapter 13. It does not create a presumption that any sole proprietor
within that range is better off in chapter 13 than chapter 11. The
conversion rules found in section 1307 will govern the appropriateness
of the two chapters for any particular individual. The figures merely
set maximum limits.
Whether a small business operated by a husband and wife, the
so-called ''mom and pop grocery store,'' will be a partnership and thus
excluded from chapter 13, or a business owned by an individual, will
have to be determined on the facts of each case. Even if partnership
papers have not been filed, for example, the issue will be whether the
assets of the grocery store are for the benefit of all creditors of the
debtor or only for business creditors, and whether such assets may be
the subject of a chapter 13 proceeding. The intent of the section is to
follow current law that a partnership by estoppel may be adjudicated in
bankruptcy and therefore would not prevent a chapter 13 debtor from
subjecting assets in such a partnership to the reach of all creditors in
a chapter 13 case. However, if the partnership is found to be a
partnership by agreement, even informal agreement, than a separate
entity exists and the assets of that entity would be exempt from a case
under chapter 13.
1988 -- Subsec. (c)(3). Pub. L. 100-597 struck out ''or unable to
meet such entity's debts as such debts mature'' after ''insolvent''.
1986 -- Subsec. (f). Pub. L. 99-554, 253(1)(B), (2), added subsec.
(f) and redesignated former subsec. (f) as (g).
Subsec. (g). Pub. L. 99-554, 253(1), redesignated former subsec.
(f) as (g) and inserted reference to family farmer.
1984 -- Subsec. (a). Pub. L. 98-353, 425(a), struck out ''in the
United States,'' after ''only a person that resides''.
Subsec. (c)(5)(D). Pub. L. 98-353, 425(b), substituted ''transfer
that is avoidable under section 547 of this title'' for ''preference''.
Subsec. (d). Pub. L. 98-353, 425(c), substituted ''stockbroker'' for
''stockholder''.
Subsec. (f). Pub. L. 98-353, 301, added subsec. (f).
1982 -- Subsec. (b)(2). Pub. L. 97-320 inserted reference to
industrial banks or similar institutions which are insured banks as
defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C.
1813(h)).
Amendment by Pub. L. 100-597 effective Nov. 3, 1988, but not
applicable to any case commenced under this title before that date, see
section 12 of Pub. L. 100-597, set out as a note under section 101 of
this title.
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
but not applicable to cases commenced under this title before that date,
see section 302(a), (c)(1) of Pub. L. 99-554, set out as a note under
section 581 of Title 28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 98-353 effective with respect to cases filed 90
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out
as a note under section 101 of this title.
11 USC CHAPTER 3 -- CASE ADMINISTRATION
TITLE 11 -- BANKRUPTCY
Sec.
301. Voluntary cases.
302. Joint cases.
303. Involuntary cases.
304. Cases ancillary to foreign proceedings.
305. Abstention.
306. Limited appearance.
307. United States trustee.
321. Eligibility to serve as trustee.
322. Qualification of trustee.
323. Role and capacity of trustee.
324. Removal of trustee or examiner.
325. Effect of vacancy.
326. Limitation on compensation of trustee.
327. Employment of professional persons.
328. Limitation on compensation of professional persons.
329. Debtor's transactions with attorneys.
330. Compensation of officers.
331. Interim compensation.
341. Meetings of creditors and equity security holders.
342. Notice.
343. Examination of the debtor.
344. Self-incrimination; immunity.
345. Money of estates.
346. Special tax provisions.
347. Unclaimed property.
348. Effect of conversion.
349. Effect of dismissal.
350. Closing and reopening cases.
361. Adequate protection.
362. Automatic stay.
363. Use, sale, or lease of property.
364. Obtaining credit.
365. Executory contracts and unexpired leases.
366. Utility service.
1986 -- Pub. L. 99-554, title II, 205(b), Oct. 27, 1986, 100 Stat.
3098, added item 307.
title 15 section 78fff.
11 USC SUBCHAPTER I -- COMMENCEMENT OF A CASE
TITLE 11 -- BANKRUPTCY
11 USC 301. Voluntary cases
TITLE 11 -- BANKRUPTCY
A voluntary case under a chapter of this title is commenced by the
filing with the bankruptcy court of a petition under such chapter by an
entity that may be a debtor under such chapter. The commencement of a
voluntary case under a chapter of this title constitutes an order for
relief under such chapter.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2558.)
Sections 301, 302, 303, and 304 are all modified in the House
amendment to adopt an idea contained in sections 301 and 303 of the
Senate amendment requiring a petition commencing a case to be filed with
the bankruptcy court. The exception contained in section 301 of the
Senate bill relating to cases filed under chapter 9 is deleted. Chapter
9 cases will be handled by a bankruptcy court as are other title 11
cases.
Section 301 specifies the manner in which a voluntary bankruptcy case
is commenced. The debtor files a petition under this section under the
particular operative chapter of the bankruptcy code under which he
wishes to proceed. The filing of the petition constitutes an order for
relief in the case under that chapter. The section contains no change
from current law, except for the use of the phrase ''order for relief''
instead of ''adjudication.'' The term adjudication is replaced by a less
pejorative phrase in light of the clear power of Congress to permit
voluntary bankruptcy without the necessity for an adjudication, as under
the 1898 act (former title 11), which was adopted when voluntary
bankruptcy was a concept not thoroughly tested.
11 USC 302. Joint cases
TITLE 11 -- BANKRUPTCY
(a) A joint case under a chapter of this title is commenced by the
filing with the bankruptcy court of a single petition under such chapter
by an individual that may be a debtor under such chapter and such
individual's spouse. The commencement of a joint case under a chapter
of this title constitutes an order for relief under such chapter.
(b) After the commencement of a joint case, the court shall determine
the extent, if any, to which the debtors' estates shall be consolidated.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2558.)
A joint case is a voluntary bankruptcy case concerning a wife and
husband. Under current law, there is no explicit provision for joint
cases. Very often, however, in the consumer debtor context, a husband
and wife are jointly liable on their debts, and jointly hold most of
their property. A joint case will facilitate consolidation of their
estates, to the benefit of both the debtors and their creditors, because
the cost of administration will be reduced, and there will be only one
filing fee.
Section 302 specifies that a joint case is commenced by the filing of
a petition under an appropriate chapter by an individual and that
individual's spouse. Thus, one spouse cannot take the other into
bankruptcy without the other's knowledge or consent. The filing of the
petition constitutes an order for relief under the chapter selected.
Subsection (b) requires the court to determine the extent, if any, to
which the estates of the two debtors will be consolidated; that is,
assets and liabilities combined in a single pool to pay creditors.
Factors that will be relevant in the court's determination include the
extent of jointly held property and the amount of jointly-owned debts.
The section, of course, is not license to consolidate in order to avoid
other provisions of the title to the detriment of either the debtors or
their creditors. It is designed mainly for ease of administration.
11 USC 303. Involuntary cases
TITLE 11 -- BANKRUPTCY
(a) An involuntary case may be commenced only under chapter 7 or 11
of this title, and only against a person, except a farmer, family
farmer, or a corporation that is not a moneyed, business, or commercial
corporation, that may be a debtor under the chapter under which such
case is commenced.
(b) An involuntary case against a person is commenced by the filing
with the bankruptcy court of a petition under chapter 7 or 11 of this
title --
(1) by three or more entities, each of which is either a holder of a
claim against such person that is not contingent as to liability or the
subject of a bona fide dispute, or an indenture trustee representing
such a holder, if such claims aggregate at least $5,000 more than the
value of any lien on property of the debtor securing such claims held by
the holders of such claims;
(2) if there are fewer than 12 such holders, excluding any employee
or insider of such person and any transferee of a transfer that is
voidable under section 544, 545, 547, 548, 549, or 724(a) of this title,
by one or more of such holders that hold in the aggregate at least
$5,000 of such claims;
(3) if such person is a partnership --
(A) by fewer than all of the general partners in such partnership;
or
(B) if relief has been ordered under this title with respect to all
of the general partners in such partnership, by a general partner in
such partnership, the trustee of such a general partner, or a holder of
a claim against such partnership; or
(4) by a foreign representative of the estate in a foreign proceeding
concerning such person.
(c) After the filing of a petition under this section but before the
case is dismissed or relief is ordered, a creditor holding an unsecured
claim that is not contingent, other than a creditor filing under
subsection (b) of this section, may join in the petition with the same
effect as if such joining creditor were a petitioning creditor under
subsection (b) of this section.
(d) The debtor, or a general partner in a partnership debtor that did
not join in the petition, may file an answer to a petition under this
section.
(e) After notice and a hearing, and for cause, the court may require
the petitioners under this section to file a bond to indemnify the
debtor for such amounts as the court may later allow under subsection
(i) of this section.
(f) Notwithstanding section 363 of this title, except to the extent
that the court orders otherwise, and until an order for relief in the
case, any business of the debtor may continue to operate, and the debtor
may continue to use, acquire, or dispose of property as if an
involuntary case concerning the debtor had not been commenced.
(g) At any time after the commencement of an involuntary case under
chapter 7 of this title but before an order for relief in the case, the
court, on request of a party in interest, after notice to the debtor and
a hearing, and if necessary to preserve the property of the estate or to
prevent loss to the estate, may order the United States trustee to
appoint an interim trustee under section 701 of this title to take
possession of the property of the estate and to operate any business of
the debtor. Before an order for relief, the debtor may regain
possession of property in the possession of a trustee ordered appointed
under this subsection if the debtor files such bond as the court
requires, conditioned on the debtor's accounting for and delivering to
the trustee, if there is an order for relief in the case, such property,
or the value, as of the date the debtor regains possession, of such
property.
(h) If the petition is not timely controverted, the court shall order
relief against the debtor in an involuntary case under the chapter under
which the petition was filed. Otherwise, after trial, the court shall
order relief against the debtor in an involuntary case under the chapter
under which the petition was filed, only if --
(1) the debtor is generally not paying such debtor's debts as such
debts become due unless such debts are the subject of a bona fide
dispute; or
(2) within 120 days before the date of the filing of the petition, a
custodian, other than a trustee, receiver, or agent appointed or
authorized to take charge of less than substantially all of the property
of the debtor for the purpose of enforcing a lien against such property,
was appointed or took possession.
(i) If the court dismisses a petition under this section other than
on consent of all petitioners and the debtor, and if the debtor does not
waive the right to judgment under this subsection, the court may grant
judgment --
(1) against the petitioners and in favor of the debtor for --
(A) costs; or
(B) a reasonable attorney's fee; or
(2) against any petitioner that filed the petition in bad faith, for
--
(A) any damages proximately caused by such filing; or
(B) punitive damages.
(j) Only after notice to all creditors and a hearing may the court
dismiss a petition filed under this section --
(1) on the motion of a petitioner;
(2) on consent of all petitioners and the debtor; or
(3) for want of prosecution.
(k) Notwithstanding subsection (a) of this section, an involuntary
case may be commenced against a foreign bank that is not engaged in such
business in the United States only under chapter 7 of this title and
only if a foreign proceeding concerning such bank is pending.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2559; Pub. L. 98-353, title
III, 426, 427, July 10, 1984, 98 Stat. 369; Pub. L. 99-554, title II,
204, 254, 283(b), Oct. 27, 1986, 100 Stat. 3097, 3105, 3116.)
Section 303(b)(1) is modified to make clear that unsecured claims
against the debtor must be determined by taking into account liens
securing property held by third parties.
Section 303(b)(3) adopts a provision contained in the Senate
amendment indicating that an involuntary petition may be commenced
against a partnership by fewer than all of the general partners in such
partnership. Such action may be taken by fewer than all of the general
partners notwithstanding a contrary agreement between the partners or
State or local law.
Section 303(h)(1) in the House amendment is a compromise of standards
found in H.R. 8200 as passed by the House and the Senate amendment
pertaining to the standards that must be met in order to obtain an order
for relief in an involuntary case under title 11. The language
specifies that the court will order such relief only if the debtor is
generally not paying debtor's debts as they become due.
Section 303(h)(2) reflects a compromise pertaining to section 543 of
title 11 relating to turnover of property by a custodian. It provides
an alternative test to support an order for relief in an involuntary
case. If a custodian, other than a trustee, receiver, or agent
appointed or authorized to take charge of less than substantially all of
the property of the debtor for the purpose of enforcing a lien against
such property, was appointed or took possession within 120 days before
the date of the filing of the petition, then the court may order relief
in the involuntary case. The test under section 303(h)(2) differs from
section 3a(5) of the Bankruptcy Act (section 21(a)(5) of former title
11), which requires an involuntary case to be commenced before the
earlier of time such custodian was appointed or took possession. The
test in section 303(h)(2) authorizes an order for relief to be entered
in an involuntary case from the later date on which the custodian was
appointed or took possession.
Section 303 governs the commencement of involuntary cases under title
11. An involuntary case may be commenced only under chapter 7,
Liquidation, or chapter 11, Reorganization. Involuntary cases are not
permitted for municipalities, because to do so may constitute an
invasion of State sovereignty contrary to the 10th amendment, and would
constitute bad policy, by permitting the fate of a municipality,
governed by officials elected by the people of the municipality, to be
determined by a small number of creditors of the municipality.
Involuntary chapter 13 cases are not permitted either. To do so would
constitute bad policy, because chapter 13 only works when there is a
willing debtor that wants to repay his creditors. Short of involuntary
servitude, it is difficult to keep a debtor working for his creditors
when he does not want to pay them back. See chapter 3, supra.
The exceptions contained in current law that prohibit involuntary
cases against farmers, ranchers and eleemosynary institutions are
continued. Farmers and ranchers are excepted because of the cyclical
nature of their business. One drought year or one year of low prices,
as a result of which a farmer is temporarily unable to pay his
creditors, should not subject him to involuntary bankruptcy.
Eleemosynary institutions, such as churches, schools, and charitable
organizations and foundations, likewise are exempt from involuntary
bankruptcy.
The provisions for involuntary chapter 11 cases is a slight change
from present law, based on the proposed consolidation of the
reorganization chapters. Currently, involuntary cases are permitted
under chapters X and XII (chapters 10 and 12 of former title 11) but not
under chapter XI (chapter 11 of former title 11). The consolidation
requires a single rule for all kinds of reorganization proceedings.
Because the assets of an insolvent debtor belong equitably to his
creditors, the bill permits involuntary cases in order that creditors
may realize on their assets through reorganization as well as through
liquidation.
Subsection (b) of the section specifies who may file an involuntary
petition. As under current law, if the debtor has more than 12
creditors, three creditors must join in the involuntary petition. The
dollar amount limitation is changed from current law to $5,000. The new
amount applies both to liquidation and reorganization cases in order
that there not be an artificial difference between the two chapters that
would provide an incentive for one or the other. Subsection (b)(1)
makes explicit the right of an indenture trustee to be one of the three
petitioning creditors on behalf of the creditors the trustee represents
under the indenture. If all of the general partners in a partnership
are in bankruptcy, then the trustee of a single general partner may file
an involuntary petition against the partnership. Finally, a foreign
representative may file an involuntary case concerning the debtor in the
foreign proceeding, in order to administer assets in this country. This
subsection is not intended to overrule Bankruptcy Rule 104(d), which
places certain restrictions on the transfer of claims for the purpose of
commencing an involuntary case. That Rule will be continued under
section 405(d) of this bill.
Subsection (c) permits creditors other than the original petitioning
creditors to join in the petition with the same effect as if the joining
creditor had been one of the original petitioning creditors. Thus, if
the claim of one of the original petitioning creditors is disallowed,
the case will not be dismissed for want of three creditors or want of
$5,000 in petitioning claims if the joining creditor suffices to fulfill
the statutory requirements.
Subsection (d) permits the debtor to file an answer to an involuntary
petition. The subsection also permits a general partner in a
partnership debtor to answer an involuntary petition against the
partnership if he did not join in the petition. Thus, a partnership
petition by less than all of the general partners is treated as an
involuntary, not a voluntary, petition.
The court may, under subsection (e), require the petitioners to file
a bond to indemnify the debtor for such amounts as the court may later
allow under subsection (i). Subsection (i) provides for costs,
attorneys fees, and damages in certain circumstances. The bonding
requirement will discourage frivolous petitions as well as spiteful
petitions based on a desire to embarrass the debtor (who may be a
competitor of a petitioning creditor) or to put the debtor out of
business without good cause. An involuntary petition may put a debtor
out of business even if it is without foundation and is later dismissed.
Subsection (f) is both a clarification and a change from existing
law. It permits the debtor to continue to operate any business of the
debtor and to dispose of property as if the case had not been commenced.
The court is permitted, however, to control the debtor's powers under
this subsection by appropriate orders, such as where there is a fear
that the debtor may attempt to abscond with assets, dispose of them at
less than their fair value, or dismantle his business, all to the
detriment of the debtor's creditors.
The court may also, under subsection (g), appoint an interim trustee
to take possession of the debtor's property and to operate any business
of the debtor, pending trial on the involuntary petition. The court may
make such an order only on the request of a party in interest, and after
notice to the debtor and a hearing. There must be a showing that a
trustee is necessary to preserve the property of the estate or to
prevent loss to the estate. The debtor may regain possession by posting
a sufficient bond.
Subsection (h) provides the standard for an order for relief on an
involuntary petition. If the petition is not timely controverted (the
Rules of Bankruptcy Procedure will fix time limits), the court orders
relief after a trial, only if the debtor is generally unable to pay its
debts as they mature, or if the debtor has failed to pay a major portion
of his debts as they become due, or if a custodian was appointed during
the 90-day period preceding the filing of the petition. The first two
tests are variations of the equity insolvency test. They represent the
most significant departure from present law concerning the grounds for
involuntary bankruptcy, which requires an act of bankruptcy. Proof of
the commission of an act of bankruptcy has frequently required a showing
that the debtor was insolvent on a ''balance-sheet'' test when the act
was committed. This bill abolishes the concept of acts of bankruptcy.
The equity insolvency test has been in equity jurisprudence for
hundreds of years, and though it is new in the bankruptcy context
(except in chapter X (chapter 10 of former title 11)), the bankruptcy
courts should have no difficulty in applying it. The third test,
appointment of a custodian within ninety days before the petition, is
provided for simplicity. It is not a partial re-enactment of acts of
bankruptcy. If a custodian of all or substantially all of the property
of the debtor has been appointed, this paragraph creates an irrebuttable
presumption that the debtor is unable to pay its debts as they mature.
Moreover, once a proceeding to liquidate assets has been commenced, the
debtor's creditors have an absolute right to have the liquidation (or
reorganization) proceed in the bankruptcy court and under the bankruptcy
laws with all of the appropriate creditor and debtor protections that
those laws provide. Ninety days gives creditors ample time in which to
seek bankruptcy liquidation after the appointment of a custodian. If
they wait beyond the ninety day period, they are not precluded from
filing an involuntary petition. They are simply required to prove
equity insolvency rather than the more easily provable custodian test.
Subsection (i) permits the court to award costs, reasonable
attorney's fees, or damages if an involuntary petition is dismissed
other than by consent of all petitioning creditors and the debtor. The
damages that the court may award are those that may be caused by the
taking of possession of the debtor's property under subsection (g) or
section 1104 of the bankruptcy code. In addition, if a petitioning
creditor filed the petition in bad faith, the court may award the debtor
any damages proximately caused by the filing of the petition. These
damages may include such items as loss of business during and after the
pendency of the case, and so on. ''Or'' is not exclusive in this
paragraph. The court may grant any or all of the damages provided for
under the provision. Dismissal in the best interests of credits under
section 305(a)(1) would not give rise to a damages claim.
Under subsection (j), the court may dismiss the petition by consent
only after giving notice to all creditors. The purpose of the
subsection is to prevent collusive settlements among the debtor and the
petitioning creditors while other creditors, that wish to see relief
ordered with respect to the debtor but that did not participate in the
case, are left without sufficient protection.
Subsection (k) governs involuntary cases against foreign banks that
are not engaged in business in the United States but that have assets
located here. The subsection prevents a foreign bank from being placed
into bankruptcy in this country unless a foreign proceeding against the
bank is pending. The special protection afforded by this section is
needed to prevent creditors from effectively closing down a foreign bank
by the commencement of an involuntary bankruptcy case in this country
unless that bank is involved in a proceeding under foreign law. An
involuntary case commenced under this subsection gives the foreign
representative an alternative to commencing a case ancillary to a
foreign proceeding under section 304.
1986 -- Subsec. (a). Pub. L. 99-554, 254, inserted reference to
family farmer.
Subsec. (b). Pub. L. 99-554, 283(b)(1), substituted ''subject of''
for ''subject on''.
Subsec. (g). Pub. L. 99-554, 204(1), substituted ''may order the
United States trustee to appoint'' for ''may appoint''.
Subsec. (h)(1). Pub. L. 99-554, 283(b)(2), substituted ''are the''
for ''that are the''.
Subsec. (i)(1). Pub. L. 99-554, 204(2), inserted ''or'' at end of
subpar. (A) and struck out subpar. (C) which read as follows: ''any
damages proximately caused by the taking of possession of the debtor's
property by a trustee appointed under subsection (g) of this section or
section 1104 of this title; or''.
1984 -- Subsec. (b). Pub. L. 98-353, 426(a), inserted ''against a
person'' after ''involuntary case''.
Subsec. (b)(1). Pub. L. 98-353, 426(b)(1), inserted ''or the subject
on a bona fide dispute,''.
Subsec. (h)(1). Pub. L. 98-353, 426(b)(2), inserted ''unless such
debts that are the subject of a bona fide dispute''.
Subsec. (j)(2). Pub. L. 98-353, 427, substituted ''debtor'' for
''debtors''.
Effective date and applicability of amendment by section 204 of Pub.
L. 99-554 dependent upon the judicial district involved, see section
302(d), (e) of Pub. L. 99-554, set out as a note under section 581 of
Title 28, Judiciary and Judicial Procedure.
Amendment by section 254 of Pub. L. 99-554 effective 30 days after
Oct. 27, 1986, but not applicable to cases commenced under this title
before that date, see section 302(a), (c)(1) of Pub. L. 99-554.
Amendment by section 283 of Pub. L. 99-554 effective 30 days after
Oct. 27, 1986, see section 302(a) of Pub. L. 99-554.
Amendment by sections 426(a) and 427 of Pub. L. 98-353 effective
with respect to cases filed 90 days after July 10, 1984, and amendment
by section 426(b) of Pub. L. 98-353 effective July 10, 1984, see
section 552(a), (b) of Pub. L. 98-353, set out as a note under section
101 of this title.
sections 1411, 1480.
11 USC 304. Cases ancillary to foreign proceedings
TITLE 11 -- BANKRUPTCY
(a) A case ancillary to a foreign proceeding is commenced by the
filing with the bankruptcy court of a petition under this section by a
foreign representative.
(b) Subject to the provisions of subsection (c) of this section, if a
party in interest does not timely controvert the petition, or after
trial, the court may --
(1) enjoin the commencement or continuation of --
(A) any action against --
(i) a debtor with respect to property involved in such foreign
proceeding; or
(ii) such property; or
(B) the enforcement of any judgment against the debtor with respect
to such property, or any act or the commencement or continuation of any
judicial proceeding to create or enforce a lien against the property of
such estate;
(2) order turnover of the property of such estate, or the proceeds of
such property, to such foreign representative; or
(3) order other appropriate relief.
(c) In determining whether to grant relief under subsection (b) of
this section, the court shall be guided by what will best assure an
economical and expeditious administration of such estate, consistent
with --
(1) just treatment of all holders of claims against or interests in
such estate;
(2) protection of claim holders in the United States against
prejudice and inconvenience in the processing of claims in such foreign
proceeding;
(3) prevention of preferential or fraudulent dispositions of property
of such estate;
(4) distribution of proceeds of such estate substantially in
accordance with the order prescribed by this title;
(5) comity; and
(6) if appropriate, the provision of an opportunity for a fresh start
for the individual that such foreign proceeding concerns.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2560.)
Section 304(b) adopts a provision contained in the Senate amendment
with modifications. The provision indicates that if a party in interest
does not timely controvert the petition in a case ancillary to a foreign
proceeding, or after trial on the merits, the court may take various
actions, including enjoining the commencement or continuation of any
action against the debtor with respect to property involved in the
proceeding, or against the property itself; enjoining the enforcement
of any judgment against the debtor or the debtor's property; or the
commencement or continuation of any judicial proceeding to create or
enforce a lien against the property of the debtor or the estate.
Section 304(c) is modified to indicate that the court shall be guided
by considerations of comity in addition to the other factors specified
therein.
This section governs cases filed in the bankruptcy courts that are
ancillary to foreign proceedings. That is, where a foreign bankruptcy
case is pending concerning a particular debtor and that debtor has
assets in this country, the foreign representative may file a petition
under this section, which does not commence a full bankruptcy case, in
order to administer assets located in this country, to prevent
dismemberment by local creditors of assets located here, or for other
appropriate relief. The debtor is given the opportunity to controvert
the petition.
Subsection (c) requires the court to consider several factors in
determining what relief, if any, to grant. The court is to be guided by
what will best assure an economical and expeditious administration of
the estate, consistent with just treatment of all creditors and equity
security holders; protection of local creditors and equity security
holders against prejudice and inconvenience in processing claims and
interests in the foreign proceeding; prevention of preferential or
fraudulent disposition of property of the estate; distribution of the
proceeds of the estate substantially in conformity with the distribution
provisions of the bankruptcy code; and, if the debtor is an individual,
the provision of an opportunity for a fresh start. These guidelines are
designed to give the court the maximum flexibility in handling ancillary
cases. Principles of international comity and respect for the judgments
and laws of other nations suggest that the court be permitted to make
the appropriate orders under all of the circumstances of each case,
rather than being provided with inflexible rules.
11 USC 305. Abstention
TITLE 11 -- BANKRUPTCY
(a) The court, after notice and a hearing, may dismiss a case under
this title, or may suspend all proceedings in a case under this title,
at any time if --
(1) the interests of creditors and the debtor would be better served
by such dismissal or suspension; or
(2)(A) there is pending a foreign proceeding; and
(B) the factors specified in section 304(c) of this title warrant
such dismissal or suspension.
(b) A foreign representative may seek dismissal or suspension under
subsection (a)(2) of this section.
(c) An order under subsection (a) of this section dismissing a case
or suspending all proceedings in a case, or a decision not so to dismiss
or suspend, is not reviewable by appeal or otherwise by the court of
appeals under section 158(d), 1291, or 1292 of title 28 or by the
Supreme Court of the United States under section 1254 of title 28.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2561; Pub. L. 101-650, title
III, 309(a), Dec. 1, 1990, 104 Stat. 5113; Pub. L. 102-198, 5, Dec.
9, 1991, 105 Stat. 1623.)
A principle of the common law requires a court with jurisdiction over
a particular matter to take jurisdiction. This section recognizes that
there are cases in which it would be appropriate for the court to
decline jurisdiction. Abstention under this section, however, is of
jurisdiction over the entire case. Abstention from jurisdiction over a
particular proceeding in a case is governed by proposed 28 U.S.C.
1471(c). Thus, the court is permitted, if the interests of creditors and
the debtor would be better served by dismissal of the case or suspension
of all proceedings in the case, to so order. The court may dismiss or
suspend under the first paragraph, for example, if an arrangement is
being worked out by creditors and the debtor out of court, there is no
prejudice to the results of creditors in that arrangement, and an
involuntary case has been commenced by a few recalcitrant creditors to
provide a basis for future threats to extract full payment. The less
expensive out-of-court workout may better serve the interests in the
case. Likewise, if there is pending a foreign proceeding concerning the
debtor and the factors specified in proposed 11 U.S.C. 304(c) warrant
dismissal or suspension, the court may so act.
Subsection (b) gives a foreign representative authority to appear in
the bankruptcy court to request dismissal or suspension. Subsection (c)
makes the dismissal or suspension order nonreviewable by appeal or
otherwise. The bankruptcy court, based on its experience and discretion
is vested with the power of decision.
1991 -- Subsec. (c). Pub. L. 102-198 substituted ''title 28'' for
''this title'' in two places.
1990 -- Subsec. (c). Pub. L. 101-650 inserted before period at end
''by the court of appeals under section 158(d), 1291, or 1292 of this
title or by the Supreme Court of the United States under section 1254 of
this title''.
11 USC 306. Limited appearance
TITLE 11 -- BANKRUPTCY
An appearance in a bankruptcy court by a foreign representative in
connection with a petition or request under section 303, 304, or 305 of
this title does not submit such foreign representative to the
jurisdiction of any court in the United States for any other purpose,
but the bankruptcy court may condition any order under section 303, 304,
or 305 of this title on compliance by such foreign representative with
the orders of such bankruptcy court.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2561.)
Section 306 permits a foreign representative that is seeking
dismissal or suspension under section 305 of an ancillary case or that
is appearing in connection with a petition under section 303 or 304 to
appear without subjecting himself to the jurisdiction of any other court
in the United States, including State courts. The protection is
necessary to allow the foreign representative to present his case and
the case of the foreign estate, without waiving the normal
jurisdictional rules of the foreign country. That is, creditors in this
country will still have to seek redress against the foreign estate
according to the host country's jurisdictional rules. Any other result
would permit local creditors to obtain unfair advantage by filing an
involuntary case, thus requiring the foreign representative to appear,
and then obtaining local jurisdiction over the representative in
connection with his appearance in this country. That kind of bankruptcy
law would legalize an ambush technique that has frequently been rejected
by the common law in other contexts.
However, the bankruptcy court is permitted under section 306 to
condition any relief under section 303, 304, or 305 on the compliance by
the foreign representative with the orders of the bankruptcy court. The
last provision is not carte blanche to the bankruptcy court to require
the foreign representative to submit to jurisdiction in other courts
contrary to the general policy of the section. It is designed to enable
the bankruptcy court to enforce its own orders that are necessary to the
appropriate relief granted under section 303, 304, or 305.
11 USC 307. United States trustee
TITLE 11 -- BANKRUPTCY
The United States trustee may raise and may appear and be heard on
any issue in any case or proceeding under this title but may not file a
plan pursuant to section 1121(c) of this title.
(Added Pub. L. 99-554, title II, 205(a), Oct. 27, 1986, 100 Stat.
3098.)
Effective date and applicability of section dependent upon the
judicial district involved, see section 302(d), (e) of Pub. L. 99-554,
set out as a note under section 581 of Title 28, Judiciary and Judicial
Procedure.
Pub. L. 101-650, title III, 317(b), Dec. 1, 1990, 104 Stat. 5115,
provided that: ''A bankruptcy administrator may raise and may appear
and be heard on any issue in any case under title 11, United States
Code, but may not file a plan pursuant to section 1121(c) of such
title.''
11 USC SUBCHAPTER II -- OFFICERS
TITLE 11 -- BANKRUPTCY
11 USC 321. Eligibility to serve as trustee
TITLE 11 -- BANKRUPTCY
(a) A person may serve as trustee in a case under this title only if
such person is --
(1) an individual that is competent to perform the duties of trustee
and, in a case under chapter 7, 12, or 13 of this title, resides or has
an office in the judicial district within which the case is pending, or
in any judicial district adjacent to such district; or
(2) a corporation authorized by such corporation's charter or bylaws
to act as trustee, and, in a case under chapter 7, 12, or 13 of this
title, having an office in at least one of such districts.
(b) A person that has served as an examiner in the case may not serve
as trustee in the case.
(c) The United States trustee for the judicial district in which the
case is pending is eligible to serve as trustee in the case if
necessary.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2561; Pub. L. 98-353, title
III, 428, July 10, 1984, 98 Stat. 369; Pub. L. 99-554, title II,
206, 257(c), Oct. 27, 1986, 100 Stat. 3098, 3114.)
Section 321 indicates that an examiner may not serve as a trustee in
the case.
Section 321 is adapted from current Bankruptcy Act 45 (section 73 of
former title 11) and Bankruptcy Rule 209. Subsection (a) specifies that
an individual may serve as trustee in a bankruptcy case only if he is
competent to perform the duties of trustee and resides or has an office
in the judicial district within which the case is pending, or in an
adjacent judicial district. A corporation must be authorized by its
charter or bylaws to act as trustee, and, for chapter 7 or 13 cases,
must have an office in any of the above mentioned judicial districts.
1986 -- Subsec. (a). Pub. L. 99-554, 257(c), inserted reference to
chapter 12 in two places.
Subsec. (c). Pub. L. 99-554, 206, added subsec. (c).
1984 -- Subsec. (b). Pub. L. 98-353 substituted ''the case'' for ''a
case'' after ''an examiner in''.
Effective date and applicability of amendment by section 206 of Pub.
L. 99-554 dependent upon the judicial district involved, see section
302(d), (e) of Pub. L. 99-554, set out as a note under section 581 of
Title 28, Judiciary and Judicial Procedure.
Amendment by section 257 of Pub. L. 99-554 effective 30 days after
Oct. 27, 1986, but not applicable to cases commenced under this title
before that date, see section 302(a), (c)(1) of Pub. L. 99-554.
Amendment by Pub. L. 98-353 effective with respect to cases filed 90
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out
as a note under section 101 of this title.
11 USC 322. Qualification of trustee
TITLE 11 -- BANKRUPTCY
(a) Except as provided in subsection (b)(1), a person selected under
section 701, 702, 703, 1104, 1163, 1302, or 1202 of this title to serve
as trustee in a case under this title qualifies if before five days
after such selection, and before beginning official duties, such person
has filed with the court a bond in favor of the United States
conditioned on the faithful performance of such official duties.
(b)(1) The United States trustee qualifies wherever such trustee
serves as trustee in a case under this title.
(2) The United States trustee shall determine --
(A) the amount of a bond required to be filed under subsection (a) of
this section; and
(B) the sufficiency of the surety on such bond.
(c) A trustee is not liable personally or on such trustee's bond in
favor of the United States for any penalty or forfeiture incurred by the
debtor.
(d) A proceeding on a trustee's bond may not be commenced after two
years after the date on which such trustee was discharged.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2562; Pub. L. 98-353, title
III, 429, July 10, 1984, 98 Stat. 369; Pub. L. 99-554, title II,
207, 257(d), Oct. 27, 1986, 100 Stat. 3098, 3114.)
Section 322(a) is modified to include a trustee serving in a railroad
reorganization under subchapter IV of chapter 11.
A trustee qualifies in a case by filing, within five days after
selection, a bond in favor of the United States, conditioned on the
faithful performance of his official duties. This section is derived
from the Bankruptcy Act section 50b (section 78(b) of former title 11).
The court is required to determine the amount of the bond and the
sufficiency of the surety on the bond. Subsection (c), derived from
Bankruptcy Act section 50i (section 78(i) of former title 11), relieves
the trustee from personal liability and from liability on his bond for
any penalty or forfeiture incurred by the debtor. Subsection (d),
derived from section 50m (section 78(m) of former title 11), fixes a
two-year statute of limitations on any action on a trustee's bond.
Finally, subsection (e) dispenses with the bonding requirement for the
United States trustee.
1986 -- Subsec. (a). Pub. L. 99-554, 257(d), inserted reference to
section 1202 of this title.
Pub. L. 99-554, 207(1), substituted ''Except as provided in
subsection (b)(1), a person'' for ''A person''.
Subsec. (b). Pub. L. 99-554, 207(2), amended subsec. (b) generally,
adding par. (1), designating existing provisions as par. (2),
substituting ''The United States trustee'' for ''The court'', ''(A) the
amount'' for ''(1) the amount'', and ''(B) the sufficiency'' for ''(2)
the sufficiency''.
1984 -- Subsec. (b)(1). Pub. L. 98-353 inserted ''required to be''.
Effective date and applicability of amendment by section 207 of Pub.
L. 99-554 dependent upon the judicial district involved, see section
302(d), (e) of Pub. L. 99-554, set out as a note under section 581 of
Title 28, Judiciary and Judicial Procedure.
Amendment by section 257 of Pub. L. 99-554 effective 30 days after
Oct. 27, 1986, but not applicable to cases commenced under this title
before that date, see section 302(a), (c)(1) of Pub. L. 99-554.
Amendment by Pub. L. 98-353 effective with respect to cases filed 90
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out
as a note under section 101 of this title.
section 78eee.
11 USC 323. Role and capacity of trustee
TITLE 11 -- BANKRUPTCY
(a) The trustee in a case under this title is the representative of
the estate.
(b) The trustee in a case under this title has capacity to sue and be
sued.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2562.)
Subsection (a) of this section makes the trustee the representative
of the estate. Subsection (b) grants the trustee the capacity to sue
and to be sued. If the debtor remains in possession in a chapter 11
case, section 1107 gives the debtor in possession these rights of the
trustee: the debtor in possession becomes the representative of the
estate, and may sue and be sued. The same applies in a chapter 13 case.