Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "10 U.S.C. § 1030"
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description: "Bonus to encourage Department of Defense personnel to refer persons for appointment as officers to serve in health professions"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "53"
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chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
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section: "1030"
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---
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# 10 U.S.C. § 1030 - Bonus to encourage Department of Defense personnel to refer persons for appointment as officers to serve in health professions
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## Text
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(a) Authority To Pay Bonus.— (1) Authority.— The Secretary of Defense may authorize the appropriate Secretary to pay a bonus under this section to an individual referred to in paragraph (2) who refers to a military recruiter a person who has not previously served in an armed force and, after such referral, takes an oath of enlistment that leads to appointment as a commissioned officer, or accepts an appointment as a commissioned officer, in an armed force in a health profession designated by the appropriate Secretary for purposes of this section.
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(2) Individuals eligible for bonus.— Subject to subsection (c), the following individuals are eligible for a referral bonus under this section:
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(A) A member of the armed forces in a regular component of the armed forces.
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(B) A member of the armed forces in a reserve component of the armed forces.
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(C) A member of the armed forces in a retired status, including a member under 60 years of age who, but for age, would be eligible for retired or retainer pay.
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(D) A civilian employee of a military department or the Department of Defense.
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(b) Referral.— For purposes of this section, a referral for which a bonus may be paid under subsection (a) occurs—
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(1) when the individual concerned contacts a military recruiter on behalf of a person interested in taking an oath of enlistment that leads to appointment as a commissioned officer, or accepting an appointment as a commissioned officer, as applicable, in an armed force in a health profession; or
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(2) when a person interested in taking an oath of enlistment that leads to appointment as a commissioned officer, or accepting an appointment as a commissioned officer, as applicable, in an armed force in a health profession contacts a military recruiter and informs the recruiter of the role of the individual concerned in initially recruiting the person.
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(c) Certain Referrals Ineligible.— (1) Referral of immediate family.— A member of the armed forces or civilian employee of a military department or the Department of Defense may not be paid a bonus under subsection (a) for the referral of an immediate family member.
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(2) Members in recruiting roles.— A member of the armed forces or civilian employee of a military department or the Department of Defense serving in a recruiting or retention assignment, or assigned to other duties regarding which eligibility for a bonus under subsection (a) could (as determined by the appropriate Secretary) be perceived as creating a conflict of interest, may not be paid a bonus under subsection (a).
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(3) Junior reserve officers’ training corps instructors.— A member of the armed forces detailed under subsection (c)(1) of section 2031 of this title to serve as an administrator or instructor in the Junior Reserve Officers’ Training Corps program or a retired member of the armed forces employed as an administrator or instructor in the program under subsection (d) of such section may not be paid a bonus under subsection (a).
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(d) Amount of Bonus.— The amount of the bonus payable for a referral under subsection (a) may not exceed $2,000. The amount shall be payable as provided in subsection (e).
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(e) Payment.— A bonus payable for a referral of a person under subsection (a) shall be paid as follows:
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(1) Not more than $1,000 shall be paid upon the execution by the person of an agreement to serve as an officer in a health profession in an armed force for not less than three years.
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(2) Not more than $1,000 shall be paid upon the completion by the person of the initial period of military training as an officer.
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(f) Relation to Prohibition on Bounties.— The referral bonus authorized by this section is not a bounty for purposes of section 514(a) of this title.
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(g) Coordination With Receipt of Retired Pay.— A bonus paid under this section to a member of the armed forces in a retired status is in addition to any compensation to which the member is entitled under this title, title 37 or 38, or any other provision of law.
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(h) Appropriate Secretary Defined.— In this section, the term “appropriate Secretary” means—
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(1) the Secretary of the Army, with respect to matters concerning the Army;
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(2) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy;
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(3) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and
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(4) the Secretary of Defense, with respect to personnel of the Department of Defense.
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(i) Duration of Authority.— A bonus may not be paid under subsection (a) with respect to any referral that occurs after December 31, 2011.
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(Added Pub. L. 110–181, div. A, title VI, § 671(b)(1), Jan. 28, 2008, 122 Stat. 182; amended Pub. L. 110–417, [div. A], title VI, § 615(a), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, § 616(1), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, § 616(1), title X, § 1075(b)(15), Jan. 7, 2011, 124 Stat. 4238, 4369; Pub. L. 116–283, div. A, title IX, § 924(b)(23), Jan. 1, 2021, 134 Stat. 3824.)
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## Notes
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Editorial Notes
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Amendments2021—Subsec. (h)(3). Pub. L. 116–283 inserted “and the Space Force” after “concerning the Air Force”. 2011—Subsec. (e)(1). Pub. L. 111–383, § 1075(b)(15), substituted “three years.” for “3 years,”. Subsec. (i). Pub. L. 111–383, § 616(1), substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (i). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (i). Pub. L. 110–417 substituted “December 31, 2009” for “December 31, 2008”.
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---
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type: "LegalText"
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title: "10 U.S.C. § 1031"
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description: "Administration of oath"
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jurisdiction: "us"
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kind: "code_section"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "53"
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chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
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section: "1031"
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citation: "10 U.S.C. § 1031"
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---
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# 10 U.S.C. § 1031 - Administration of oath
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## Text
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The President, the Vice-President, the Secretary of Defense, any commissioned officer, and any other person designated under regulations prescribed by the Secretary of Defense may administer any oath—
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(1) required for the enlistment or appointment of any person in the armed forces; or
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(2) required by law in connection with such an enlistment or appointment.
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(Aug. 10, 1956, ch. 1041, 70A Stat. 80; Pub. L. 109–364, div. A, title V, § 595(b), Oct. 17, 2006, 120 Stat. 2235.)
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## Notes
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Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 103110:19.34:217a–2.May 22, 1950, ch. 193, § 1, 64 Stat. 187. The words “(including the reserve component)” are omitted, since the words “any component of an armed force” include the reserve components. The words “any oath required for the enlistment or appointment of any person” are substituted for the words “the oath required for the enlistment of any person, the oath required for the appointment of any person to commissioned or warrant officer grade, and any other oath required by law in connection with the enlistment or appointment of any person”.
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Editorial Notes
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Amendments2006—Pub. L. 109–364 substituted “The President, the Vice-President, the Secretary of Defense, any commissioned officer, and any other person designated under regulations prescribed by the Secretary of Defense may administer any oath” for “Any commissioned officer of any component of an armed force, whether or not on active duty, may administer any oath” in introductory provisions.
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---
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type: "LegalText"
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title: "10 U.S.C. § 1032"
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description: "Disability and death compensation: dependents of members held as captives"
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chapter_number: "53"
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chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
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section: "1032"
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citation: "10 U.S.C. § 1032"
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---
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# 10 U.S.C. § 1032 - Disability and death compensation: dependents of members held as captives
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## Text
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(a) The President shall prescribe regulations under which the Secretary concerned may pay compensation for the disability or death of a dependent of a member of the uniformed services if the President determines that the disability or death—
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(1) was caused by hostile action; and
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(2) was a result of the relationship of the dependent to the member of the uniformed services.
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(b) Any compensation otherwise payable to a person under this section in connection with any disability or death shall be reduced by any amount payable to such person under any other program funded in whole or in part by the United States in connection with such disability or death, except that nothing in this subsection shall result in the reduction of any amount below zero.
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(c) A determination by the President under subsection (a) is conclusive and is not subject to judicial review.
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(d) In this section:
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(1) The term “dependent” has the meaning given that term in section 551 of title 37.
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(2) The term “Secretary concerned” has the meaning given that term in section 101 of that title.
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(Added Pub. L. 99–399, title VIII, § 806(b)(1), Aug. 27, 1986, 100 Stat. 885, § 1051; amended Pub. L. 99–661, div. A, title XIII, § 1343(a)(25), Nov. 14, 1986, 100 Stat. 3994; renumbered § 1032 and amended Pub. L. 100–26, §§ 3(8), 7(e)(1)(A), Apr. 21, 1987, 101 Stat. 274, 281; Pub. L. 101–189, div. A, title XVI, § 1622(e)(2), Nov. 29, 1989, 103 Stat. 1605.)
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## Notes
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Editorial Notes
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Prior ProvisionsA prior section 1032, act Aug. 10, 1956, ch. 1041, 70A Stat. 80, provided that a Reserve may accept civil employment with a foreign government or concern, prior to repeal by Pub. L. 95–105, title V, § 509(d)(1), Aug. 17, 1977, 91 Stat. 860.
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Amendments1989—Subsec. (d)(1). Pub. L. 101–189, § 1622(e)(2)(A), substituted “The term ‘dependent’ has” for “ ‘Dependent’ has”. Subsec. (d)(2). Pub. L. 101–189, § 1622(e)(2)(B), inserted “The term” after “(2)”. 1987—Pub. L. 100–26, § 7(e)(1)(A), renumbered the second section 1051 of this title as this section. Subsec. (d)(1), (2). Pub. L. 100–26, § 3(8), amended directory language of Pub. L. 99–661. See 1986 Amendment note below. 1986—Subsec. (d). Pub. L. 99–661, § 1343(a)(25), as amended by Pub. L. 100–26, § 3(8), substituted “title 37” for “that title” in par. (1), and “has the meaning given that term” for “and ‘uniformed services’ have the meanings given those terms” in par. (2).
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Statutory Notes and Related Subsidiaries
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Effective Date of 1987 AmendmentAmendment by section 3(8) of Pub. L. 100–26 applicable as if included in Pub. L. 99–661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L. 100–26, set out as a note under section 776 of this title.
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Effective DatePub. L. 99–399, title VIII, § 806(b)(3), Aug. 27, 1986, 100 Stat. 886, provided that: “Section 1051 [now 1032] of title 10, United States Code, as added by paragraph (1), shall apply with respect to any disability or death resulting from an injury that occurs after January 21, 1981.”
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Executive Documents
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Delegation of Functions Functions of President under this section delegated to Secretary of Defense, see section 4 of Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under section 5569 of Title 5, Government Organization and Employees.
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---
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type: "LegalText"
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title: "10 U.S.C. § 1033"
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title_name: "ARMED FORCES"
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chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
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---
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# 10 U.S.C. § 1033 - Participation in management of specified non-Federal entities: authorized activities
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## Text
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(a) Authorization.— The Secretary concerned may authorize a member of the armed forces under the Secretary’s jurisdiction to serve without compensation as a director, officer, or trustee, or to otherwise participate, in the management of an entity designated under subsection (b). Any such authorization shall be made on a case-by-case basis, for a particular member to participate in a specific capacity with a specific designated entity. Such authorization may be made only for the purpose of providing oversight and advice to, and coordination with, the designated entity, and participation of the member in the activities of the designated entity may not extend to participation in the day-to-day operations of the entity.
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(b) Designated Entities.— (1) The Secretary of Defense, and the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, shall designate those entities for which authorization under subsection (a) may be provided. The list of entities so designated may not be revised more frequently than semiannually. In making such designations, the Secretary shall designate each military welfare society and may designate any other entity described in paragraph (3). No other entities may be designated.
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(2) In this section, the term “military welfare society” means the following:
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(A) Army Emergency Relief.
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(B) Air Force Aid Society, Inc.
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(C) Navy-Marine Corps Relief Society.
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(D) Coast Guard Mutual Assistance.
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(3) An entity described in this paragraph is an entity that is not operated for profit and is any of the following:
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(A) An entity that regulates and supports the athletic programs of the service academies (including athletic conferences).
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(B) An entity that regulates international athletic competitions.
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(C) An entity that accredits service academies and other schools of the armed forces (including regional accrediting agencies).
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(D) An entity that (i) regulates the performance, standards, and policies of military health care (including health care associations and professional societies), and (ii) has designated the position or capacity in that entity in which a member of the armed forces may serve if authorized under subsection (a).
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(E) An entity that, operating in a foreign nation where United States military personnel are serving at United States military activities, promotes understanding and tolerance between such personnel (and their families) and the citizens of that host foreign nation through programs that foster social relations between those persons.
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(c) Publication of Designated Entities and of Authorized Persons.— A designation of an entity under subsection (b), and an authorization under subsection (a) of a member of the armed forces to participate in the management of such an entity, shall be published in the Federal Register.
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(d) Regulations.— The Secretary of Defense, and the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations to carry out this section.
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(Added Pub. L. 105–85, div. A, title V, § 593(a)(1), Nov. 18, 1997, 111 Stat. 1762; amended Pub. L. 106–65, div. A, title V, § 583, Oct. 5, 1999, 113 Stat. 634; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
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## Notes
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Editorial Notes
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Prior ProvisionsA prior section 1033, act Aug. 10, 1956, ch. 1041, 70A Stat. 80, related to Reserves continuing to accept compensation while on active duty that they were receiving prior to being ordered to active duty, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1662(g)(2), 1691, Oct. 5, 1994, 108 Stat. 2996, 3026, eff. Dec. 1, 1994.
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Amendments2002—Subsecs. (b)(1), (d). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1999—Subsec. (b)(3)(E). Pub. L. 106–65 added subpar. (E).
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Statutory Notes and Related Subsidiaries
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Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
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---
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title: "10 U.S.C. § 1035"
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description: "Deposits of savings"
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title_name: "ARMED FORCES"
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||||
chapter_number: "53"
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||||
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
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||||
section: "1035"
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||||
citation: "10 U.S.C. § 1035"
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1035 - Deposits of savings
|
||||
|
||||
## Text
|
||||
|
||||
(a) Under joint regulations prescribed by the Secretaries concerned, a member of the armed forces who is on a permanent duty assignment outside the United States or its possessions may deposit during that tour of duty not more than his unallotted current pay and allowances in amounts of $5 or more, with any branch, office, or officer of a uniformed service. Amounts so deposited shall be deposited in the Treasury and kept as a separate fund, and shall be accounted for in the same manner as public funds.
|
||||
|
||||
(b) Interest at a rate prescribed by the President, not to exceed 10 percent a year, will accrue on amounts deposited under this section. However, the maximum amount upon which interest may be paid under this subsection to any member is $10,000, except that such limitation shall not apply to deposits made on or after September 1, 1966, in the case of those members in a missing status during the Vietnam conflict, the Persian Gulf conflict, or a contingency operation. Interest under this subsection shall terminate 90 days after the member’s return to the United States or its possessions.
|
||||
|
||||
(c) Except as provided in joint regulations prescribed by the Secretaries concerned, payments of deposits, and interest thereon, may not be made to the member while he is on duty outside the United States or its possessions.
|
||||
|
||||
(d) An amount deposited under this section, with interest thereon, is exempt from liability for the member’s debts, including any indebtedness to the United States or any instrumentality thereof, and is not subject to forfeiture by sentence of a court-martial.
|
||||
|
||||
(e) The Secretary concerned, or his designee, may in the interest of a member who is in a missing status or his dependents, initiate, stop, modify, and change allotments, and authorize a withdrawal of deposits, made under this section, even though the member had an opportunity to deposit amounts under this section and elected not to do so. Interest may be computed from the day the member entered a missing status, or September 1, 1966, whichever is later.
|
||||
|
||||
(f) The Secretary of Defense may authorize a member of the armed forces who is on a temporary duty assignment outside of the United States or its possessions in support of a contingency operation to make deposits of unallotted current pay and allowances during that duty as provided in subsection (a). The Secretary shall prescribe regulations establishing standards and procedures for the administration of this subsection.
|
||||
|
||||
(g) In this section:
|
||||
|
||||
(1) The term “missing status” has the meaning given that term in section 551(2) of title 37.
|
||||
|
||||
(2) The term “Vietnam conflict” means the period beginning on February 28, 1961, and ending on May 7, 1975.
|
||||
|
||||
(3) The term “Persian Gulf conflict” means the period beginning on January 16, 1991, and ending on the date thereafter prescribed by Presidential proclamation or by law.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 80; Pub. L. 89–538, § 1(1), Aug. 14, 1966, 80 Stat. 347; Pub. L. 90–122, § 1, Nov. 3, 1967, 81 Stat. 361; Pub. L. 91–200, Feb. 26, 1970, 84 Stat. 16; Pub. L. 98–525, title XIV, § 1405(20), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 99–661, div. A, title XIII, § 1343(a)(3), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 102–25, title III, § 310, Apr. 6, 1991, 105 Stat. 84; Pub. L. 102–190, div. A, title VI, § 639, Dec. 5, 1991, 105 Stat. 1384.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1035(a)10:908(a) (less words after last semicolon).34:937 (less words after last semicolon).July 15, 1954, ch. 513, §§ 1–3, 68 Stat. 485. 1035(b)10:908b (1st 20, and last 13, words). 34:938 (1st 20, and last 13, words). 1035(c)10:908a (words after last semicolon). 10:908b (less 1st 20, and last 13, words). 34:937 (words after last semicolon). 34:938 (less 1st 20, and last 13, words). 1035(d)10:908c. 34:939. In subsection (a), the words “in amounts of $5 or more” are substituted for the words “in sums not less than $5”. 10:908a (words before 1st semicolon of last sentence) and 34:937 (words before 1st semicolon of last sentence) are omitted as covered by subsection (c). In subsection (b), the word “accrues” is substituted for the words “shall be paid”. In subsection (c), the words “not less than $5” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1991—Subsec. (b). Pub. L. 102–190, § 639(a), substituted “, the Persian Gulf conflict, or a contingency operation” for “or during the Persian Gulf conflict” before period at end of second sentence and struck out at end “For purposes of this subsection, the Vietnam conflict begins on February 28, 1961, and ends on May 7, 1975, and the Persian Gulf conflict begins on January 16, 1991, and ends on the date thereafter prescribed by Presidential proclamation or by law.” Pub. L. 102–25, § 310(a), (c)(1), struck out “, as defined in section 551(2) of title 37,” after “missing status”, inserted “or during the Persian Gulf conflict” before period at end of second sentence, and substituted “May 7, 1975, and the Persian Gulf conflict begins on January 16, 1991, and ends on the date thereafter prescribed by Presidential proclamation or by law” for “the date designated by the President by Executive order as the date of the termination of combatant activities in Vietnam”. Subsec. (e). Pub. L. 102–25, § 310(c)(2), struck out “(as defined in section 551(2) of title 37)” after “in a missing status”. Subsec. (f). Pub. L. 102–190, § 639(b), added subsec. (f) and redesignated former subsec. (f) as (g). Pub. L. 102–25, § 310(b), added subsec. (f). Subsec. (g). Pub. L. 102–190, § 639(b)(1), (c), redesignated subsec. (f) as (g) and amended it generally. Prior to amendment, subsec. (g) read as follows: “In this section, the term ‘missing status’ has the meaning given such term in section 551(2) of title 37.” 1986—Subsec. (a). Pub. L. 99–661 substituted “armed forces” for “armed force”. 1984—Subsec. (b). Pub. L. 98–525 substituted “percent” for “per centum”, “subsection” for “Act” after “paid under this”, and “90” for “ninety”. 1970—Subsec. (b). Pub. L. 91–200 permitted accrual of interest on savings above $10,000 ceiling in case of soldiers involved in Vietnam conflicts who have made deposits on or after Sept. 1, 1966, and who are in missing status contemplated by section 551(2) of Title 37, and set out duration of Vietnam conflict as starting Feb. 28, 1961, and ending on the date that the President may designate by Executive order. 1967—Subsec. (e). Pub. L. 90–122 added subsec. (e). 1966—Subsec. (a). Pub. L. 89–538 permitted not only enlisted personnel but any member of the armed forces, provided he is on permanent duty outside the United States, to participate in the savings program organized under this section and changed the fund into which such savings deposits are made. Subsec. (b). Pub. L. 89–538 changed rate of interest from 4 per centum per annum to a rate prescribed by the President, not to exceed 10 per centum per annum, did away with the necessity that amounts be on deposit for six months or more, set a maximum of $10,000 upon which interest shall be paid, and provided for termination of interest 90 days after the member’s return to the United States or its possessions. Subsec. (c). Pub. L. 89–538 substituted provisions that, unless changed by joint regulations of the Secretaries concerned, payments of deposits and interest may not be made to the individual while stationed outside of the United States, for provisions that payment of deposits and interest could be made only to the member upon discharge, or before discharge as prescribed by the Secretary concerned, or to the member’s heirs or legal representatives. Subsec. (d). Pub. L. 89–538 reenacted subsec. (d) substantially without change.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1967 AmendmentPub. L. 90–122, § 2, Nov. 3, 1967, 81 Stat. 361, provided that: “This Act [amending this section] becomes effective as of September 1, 1966.”
|
||||
|
||||
Savings Program for Overseas PersonnelPub. L. 101–510, div. A, title XI, § 1114, Nov. 5, 1990, 104 Stat. 1636, as amended by Pub. L. 102–25, title III, § 314(1), (3), Apr. 6, 1991, 105 Stat. 86, directed the Secretary of Defense to prescribe regulations establishing standards and procedures for the administration of a program to authorize members of the Armed Forces serving outside the United States during the Persian Gulf conflict to make deposits of unallotted current pay and allowances and to earn interest under this section.
|
||||
|
||||
Adjustment of Deposit Accounts of Certain Enlisted MenPub. L. 89–738, Nov. 2, 1966, 80 Stat. 1165, provided: “That the Secretary of a military department or his designee, shall adjust the deposit account of any enlisted member or former enlisted member of the Army, Navy, Air Force, or Marine Corps, as the case may be, who, after July 14, 1954, and before the effective date of this Act [Nov. 2, 1966], upon discharge and immediate reenlistment or retirement and immediate recall to active duty, continued, without withdrawal and redeposit, his account for deposits made under section 1035 of title 10, United States Code, or prior laws authorizing enlisted members’ deposits, to show that his deposits and interest accrued thereon were withdrawn and redeposited on the date of such reenlistment or recall to active duty. “Sec. 2. The Secretary of the military department concerned, or his designee, shall pay to a former enlisted member described in section 1 of this Act any amount found due as a result of the adjustment prescribed by that section if he submits an application within two years following the date of enactment of this Act [Nov. 2, 1966]. If the member is currently serving on active duty and has an active deposit account, the amount due him will automatically be credited to such account. In the case of a deceased member, application under this section shall be made within two years following the date of enactment of this Act [Nov. 2, 1966] by the person determined to be eligible under section 2771 of Title 10, United States Code. “Sec. 3. All payments heretofore made which would, but for the fact of such payment, be payable under this Act are validated. However, if such a payment has been repaid to the United States, the fact of payment shall not affect entitlement under this Act.”
|
||||
|
||||
Rates of Interest on Deposits Made Before Aug. 14, 1966Pub. L. 89–538, § 2, Aug. 14, 1966, 80 Stat. 347, provided that: “(a) Notwithstanding the first section of this Act [amending this section], an amount on deposit under section 1035 of title 10, United States Code, on the date of enactment of this Act [Aug. 14, 1966], shall accrue interest at the rate and under the conditions in effect on the day before the date of enactment of this Act [Aug. 14, 1966], until the member’s current enlistment terminates or earlier, as may be jointly prescribed by the Secretaries concerned. However, a member who is on a permanent duty assignment outside the United States or its possessions on the date of enactment of this Act [Aug. 14, 1966], or who reports for that duty on or after that date but before the termination of his current enlistment, will be entitled to interest on such deposit, on and after that date, at the rate and under the conditions prescribed pursuant to section 1 [amending this section]. Payments of deposits, and interest thereon, may be made to the member’s heirs or legal representatives. “(b) Any amounts deposited between May 4, 1966, and the date of enactment of this Act [Aug. 14, 1966] while a member was assigned to permanent duty within the United States and its possessions, and any amounts deposited between May 4, 1966, and the date of enactment of this Act [Aug. 14, 1966] by a member on permanent duty assignment outside the United States and its possessions which are in excess of his unallotted pay and allowances for that period, shall accrue interest at the rate in effect before enactment of this Act.”
|
||||
|
||||
Extension of Coverage to Public Health Service and Coast and Geodetic Survey Personnel; Rules and RegulationsPub. L. 89–538, § 3(c), Aug. 14, 1966, 80 Stat. 348, provided that: “Regulations prescribed by the Secretary of Commerce and the Secretary of Health, Education, and Welfare [now Health and Human Services] under subsections (a) and (b) [extending savings deposits benefits to commissioned officers of the Public Health Service and the Coast and Geodetic Survey (now the National Oceanic and Atmospheric Administration), respectively] shall be prescribed jointly with regulations prescribed by the Secretaries concerned under section 1035 of title 10, United States Code.”
|
||||
|
||||
Public Health ServiceAuthority vested by this section in “the Secretary concerned” to be exercised with respect to commissioned officers of the Public Health Service, by the Secretary of Health and Human Services or his designee, see section 213a of Title 42, The Public Health and Welfare.
|
||||
|
||||
National Oceanic and Atmospheric AdministrationAuthority vested by this chapter in “the Secretary concerned” to be exercised, with respect to commissioned officer corps of the National Oceanic and Atmospheric Administration, by Secretary of Commerce or Secretary’s designee, see section 3071 of Title 33, Navigation and Navigable Waters.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Ex. Ord. No. 11298. Interest Rate Ex. Ord. No. 11298, Aug. 14, 1966, 31 F.R. 10915, provided: By virtue of the authority vested in me by Section 1035 of Title 10 of the United States Code, as amended by the Act of August 14, 1966, I hereby prescribe that amounts deposited by members of the uniformed services under that Section shall accrue interest at the rate of ten percent per annum, compounded quarterly. This order shall be effective September 1, 1966. Lyndon B. Johnson.
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1036 - Repealed. Pub. L. 113–66, div. A, title VI, § 621(a)(2)(A), Dec. 26, 2013, 127 Stat. 783]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 86–160, § 1(1), Aug. 14, 1959, 73 Stat. 358; amended Pub. L. 98–94, title IX, § 913(a), Sept. 24, 1983, 97 Stat. 640, provided for transportation and travel allowances for escorts for dependents of members.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1037"
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1037"
|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1037 - Counsel before foreign judicial tribunals and administrative agencies; court costs and bail
|
||||
|
||||
## Text
|
||||
|
||||
(a) Under regulations to be prescribed by him, the Secretary concerned may employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation, before the judicial tribunals and administrative agencies of any foreign nation, of persons subject to the Uniform Code of Military Justice and of persons not subject to the Uniform Code of Military Justice who are employed by or accompanying the armed forces in an area outside the United States and the territories and possessions of the United States, the Northern Mariana Islands, and the Commonwealth of Puerto Rico. So far as practicable, these regulations shall be uniform for all armed forces.
|
||||
|
||||
(b) The person on whose behalf a payment is made under this section is not liable to reimburse the United States for that payment, unless he is responsible for forfeiture of bail provided under subsection (a).
|
||||
|
||||
(c) Appropriations available to the military department concerned or the Department of Homeland Security, as the case may be, for the pay of persons under its jurisdiction may be used to carry out this section.
|
||||
|
||||
(Added Pub. L. 85–861, § 1(24)(A), Sept. 2, 1958, 72 Stat. 1445; amended Pub. L. 96–513, title I, § 511(31), Dec. 12, 1980, 94 Stat. 2922; Pub. L. 99–145, title VI, § 681(a), Nov. 8, 1985, 99 Stat. 665; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1037(a)50:751.50:752.July 24, 1956, ch. 689 (less § 3), 70 Stat. 630. 1037(b)50:754. 1037(c)50:755. In subsection (a), the words “Under regulations to be prescribed by him” and the last sentence are substituted for 50:752. In subsection (b), the words “subject to the Uniform Code of Military Justice” are omitted as surplusage. In subsection (c), the words “the terms and provisions of” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Uniform Code of Military Justice, referred to in subsec. (a), is classified to chapter 47 (§ 801 et seq.) of this title.
|
||||
|
||||
Amendments2002—Subsec. (c). Pub. L. 107–296 substituted “Department of Homeland Security” for “Department of Transportation”. 1985—Subsec. (a). Pub. L. 99–145 provided for payment of expenses for legal representation of civilians overseas. 1980—Subsec. (c). Pub. L. 96–513 substituted “Department of Transportation” for “Department of the Treasury”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1985 AmendmentPub. L. 99–145, title VI, § 681(b), Nov. 8, 1985, 99 Stat. 665, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to costs incurred after September 30, 1985.”
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,43 @@
|
||||
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|
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|
||||
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|
||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1038 - Service credit: certain service in Women’s Army Auxiliary Corps
|
||||
|
||||
## Text
|
||||
|
||||
In computing years of active service of any female member of the armed forces, there shall be credited for all purposes, except the right to promotion, in addition to any other service that may be credited, all active service performed in the Women’s Army Auxiliary Corps after May 13, 1942, and before September 30, 1943, if that member performed active service in the armed forces after September 29, 1943. Service as an officer in the Women’s Army Auxiliary Corps shall be credited as active service in the status of a commissioned officer, and service as an enrolled member of the Corps shall be credited as active service in the status of an enlisted member.
|
||||
|
||||
(Added Pub. L. 86–142, § 1(1), Aug. 7, 1959, 73 Stat. 289.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Election of Pension or CompensationPub. L. 86–142, § 2, Aug. 7, 1959, 73 Stat. 289, provided that a person entitled to a pension or compensation under any law administered by the Veterans’ Administration, based on the active service described in section 1 of Pub. L. 86–142, which added section 1038 to Title 10, Armed Forces, could elect within 1 year after Aug. 7, 1959 to receive that pension or compensation in lieu of any compensation under the Federal Employees’ Compensation Act; that such an election is irrevocable; and that the election does not entitle that person to the pension or compensation for any period before the date of election.
|
||||
|
||||
Back Pay or AllowancesPub. L. 86–142, § 3, Aug. 7, 1959, 73 Stat. 289, provided that: “No person is entitled to back pay or allowances because of any service credited under section 1 of this Act [enacting this section].”
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
source_identifier: "/us/usc/t10/s1039"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "96da03b5dff05b9995af9d0872c55ed1daa779d82ffb7a9ac4eb2e18ea0053ae"
|
||||
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|
||||
text_hash: "795a7007889981e018cbc8a361241f4a789c6907274b3007e769f1aff77d33fb"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1039 - Crediting of minority service
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of determining eligibility for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, entitlement to retired or retainer pay, and years of service in computing retired or retainer pay of a member of the armed forces, any service which would be creditable but for the fact that it was performed by him under an enlistment or induction entered into before he attained the age prescribed by law for that enlistment or induction, shall be credited.
|
||||
|
||||
(Added Pub. L. 87–165, § 1(1), Aug. 25, 1961, 75 Stat. 401.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 87–165, § 2, Aug. 25, 1961, 75 Stat. 401, provided that: “Section 1 [enacting this section] applies to service performed, and retirements or transfers to the Fleet Reserve or the Fleet Marine Corps Reserve effected, before and after this Act takes effect [Aug. 25, 1961].”
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1040"
|
||||
description: "Transportation of dependent patients"
|
||||
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|
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|
||||
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|
||||
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|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
|
||||
section: "1040"
|
||||
citation: "10 U.S.C. § 1040"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1040 - Transportation of dependent patients
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) Except as provided in subsection (b), if a dependent accompanying a member of the uniformed services who is stationed outside the United States or in Alaska or Hawaii and who is on active duty for a period of more than 30 days requires medical attention which is not available in the locality, transportation of the dependents at the expense of the United States is authorized to the nearest appropriate medical facility in which adequate medical care is available. On his recovery or when it is administratively determined that the patient should be removed from the medical facility involved, the dependent may be transported at the expense of the United States to the duty station of the member or to such other place determined to be appropriate under the circumstances. If a dependent is unable to travel unattended, travel and transportation allowances may be furnished to necessary attendants. The dependents and any attendants shall be furnished such travel and transportation allowances as specified in regulations prescribed under section 464 of title 37. Travel expenses authorized by this section may include reimbursement for necessary local travel in the vicinity of the medical facility involved. The transportation and travel expenses authorized by this section may be paid in advance.
|
||||
|
||||
(2) (A) Except as provided by subparagraph (E), for purposes of paragraph (1), required medical attention of a dependent includes, in the case of a dependent authorized to accompany a member at a location described in that paragraph, obstetrical anesthesia services for childbirth equivalent to the obstetrical anesthesia services for childbirth available in a military treatment facility in the United States.
|
||||
|
||||
(B) In the case of a dependent at a remote location outside the continental United States who elects services described in subparagraph (A) and for whom air transportation would be needed to travel under paragraph (1) to the nearest appropriate medical facility in which adequate medical care is available, the Secretary may authorize the dependent to receive transportation under that paragraph to the continental United States and be treated at the military treatment facility that can provide appropriate obstetrical services that is nearest to the closest port of entry into the continental United States from such remote location.
|
||||
|
||||
(C) The second through sixth sentences of paragraph (1) shall apply to a dependent provided transportation by reason of this paragraph.
|
||||
|
||||
(D) The total cost incurred by the United States for the provision of transportation and expenses (including per diem) with respect to a dependent by reason of this paragraph may not exceed the cost the United States would otherwise incur for the provision of transportation and expenses with respect to that dependent under paragraph (1) if the transportation and expenses were provided to that dependent without regard to this paragraph.
|
||||
|
||||
(E) The Secretary may not provide transportation to a dependent under this paragraph if the Secretary determines that—
|
||||
|
||||
(i) the dependent would otherwise receive obstetrical anesthesia services at a military treatment facility; and
|
||||
|
||||
(ii) such facility, in carrying out the required number of necessary obstetric cases, would not maintain competency of its obstetrical staff unless the facility provides such services to such dependent.
|
||||
|
||||
(b) This section does not authorize transportation and travel expenses for a dependent for elective surgery which is determined to be not medically indicated by a medical authority designated under joint regulations to be prescribed under this section.
|
||||
|
||||
(c) In this section, the term “dependent” has the meaning given that term in section 1072 of this title.
|
||||
|
||||
(Added Pub. L. 89–140, § 1(1), Aug. 28, 1965, 79 Stat. 579; amended Pub. L. 96–513, title V, § 511(32), Dec. 12, 1980, 94 Stat. 2922; Pub. L. 98–94, title IX, § 913(b), Sept. 24, 1983, 97 Stat. 640; Pub. L. 98–525, title VI, § 611, title XIV, § 1405(21), Oct. 19, 1984, 98 Stat. 2538, 2623; Pub. L. 99–348, title III, § 304(a)(2), July 1, 1986, 100 Stat. 703; Pub. L. 99–661, div. A, title VI, § 616(a), Nov. 14, 1986, 100 Stat. 3880; Pub. L. 112–81, div. A, title VII, § 705, Dec. 31, 2011, 125 Stat. 1473; Pub. L. 113–66, div. A, title VI, § 621(b), Dec. 26, 2013, 127 Stat. 783; Pub. L. 113–291, div. A, title X, § 1071(f)(11), Dec. 19, 2014, 128 Stat. 3510; Pub. L. 114–92, div. A, title VII, § 721, Nov. 25, 2015, 129 Stat. 869.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Another section 1040 was renumbered section 1041 of this title. Another section 1040, related to free postage from combat zones, was added by Pub. L. 89–132, § 9(a), Aug. 21, 1965, 79 Stat. 548, prior to repeal by Pub. L. 89–315, § 3(a), Nov. 1, 1965, 79 Stat. 1164. See section 3401 et seq. of Title 39, Postal Service.
|
||||
|
||||
Amendments2015—Subsec. (a)(2)(F). Pub. L. 114–92 struck out subpar. (F) which read as follows: “The authority under this paragraph shall expire on September 30, 2016.” 2014—Subsec. (a)(1). Pub. L. 113–291 substituted “37.” for “37..”. 2013—Subsec. (a)(1). Pub. L. 113–66, § 621(b)(1), substituted “travel and transportation allowances may be furnished to necessary attendants. The dependents and any attendants shall be furnished such travel and transportation allowances as specified in regulations prescribed under section 464 of title 37.” for “round-trip transportation and travel expenses may be furnished necessary attendants. In addition to transportation of a dependent at the expense of the United States authorized under this subsection, reasonable travel expenses incurred in connection with the transportation of the dependent may be paid at the expense of the United States”. Subsec. (d). Pub. L. 113–66, § 621(b)(2), struck out subsec. (d) which read as follows: “Transportation and travel expenses authorized by this section shall be furnished in accordance with joint regulations to be prescribed by the Secretary of Transportation, the Secretary of Defense, the Secretary of Commerce, and the Secretary of Health and Human Services, which shall require the use of transportation facilities of the United States insofar as practicable.” 2011—Subsec. (a). Pub. L. 112–81 designated existing provisions as par. (1) and added par. (2). 1986—Subsec. (a). Pub. L. 99–661 substituted “In addition to transportation of a dependent at the expense of the United States authorized under this subsection, reasonable travel expenses incurred in connection with the transportation of the dependent may be paid at the expense of the United States. Travel expenses authorized by this section may include reimbursement for necessary local travel in the vicinity of the medical facility involved. The transportation and travel expenses authorized by this section may be paid in advance” for “, and such expenses may be paid in advance”. Subsec. (c). Pub. L. 99–348 substituted “In this section, the term ‘dependent’ has the meaning given that term in” for “ ‘Dependent’ and ‘uniformed services’ in this section have the meanings of those terms as defined in”. 1984—Subsec. (a). Pub. L. 98–525, § 1405(21), substituted “30” for “thirty”. Pub. L. 98–525, § 611, made provisions of section applicable to a dependent accompanying a member of the uniformed services stationed in Alaska or Hawaii. 1983—Subsec. (a). Pub. L. 98–94 inserted “, and such expenses may be paid in advance” after “attendants”. 1980—Subsec. (d). Pub. L. 96–513 substituted “Secretary of Transportation” and “Secretary of Health and Human Services” for “Secretary of the Treasury” and “Secretary of Health, Education, and Welfare”, respectively.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1986 AmendmentPub. L. 99–661, div. A, title VI, § 616(b), Nov. 14, 1986, 100 Stat. 3880, provided that: “The amendment made by subsection (a) [amending this section] shall apply only to travel performed on or after the date of the enactment of this Act [Nov. 14, 1986].”
|
||||
|
||||
Effective Date of 1984 AmendmentPub. L. 98–525, title VI, § 611, Oct. 19, 1984, 98 Stat. 2538, provided that the amendment made by that section is effective Oct. 1, 1984.
|
||||
|
||||
Effective Date of 1983 AmendmentPub. L. 98–94, title IX, § 913(c), Sept. 24, 1983, 97 Stat. 640, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 1036 of this title] shall apply to travel performed by escorts or attendants of dependents on or after the date of the enactment of this Act [Sept. 24, 1983].”
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
section: "1041"
|
||||
citation: "10 U.S.C. § 1041"
|
||||
status: "current"
|
||||
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|
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|
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1041 - Replacement of certificate of discharge
|
||||
|
||||
## Text
|
||||
|
||||
If satisfactory proof is presented that a person who was discharged honorably or under honorable conditions has lost his certificate of discharge from an armed force or that it was destroyed without his procurement or connivance, the Secretary concerned may give that person, or his surviving spouse, a certificate of that discharge, indelibly marked to show that it is a certificate in place of the lost or destroyed certificate. A certificate given under this section may not be accepted as a voucher for the payment of a claim against the United States for pay, bounty, or other allowance, or as evidence in any other case.
|
||||
|
||||
(Added Pub. L. 90–235, § 7(a)(2)(A), Jan. 2, 1968, 81 Stat. 762, § 1040; renumbered § 1041, Pub. L. 96–513, title V, § 511(33)(A), Dec. 12, 1980, 94 Stat. 2922.)
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1042"
|
||||
description: "Copy of certificate of service"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
|
||||
section: "1042"
|
||||
citation: "10 U.S.C. § 1042"
|
||||
status: "current"
|
||||
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|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
source_identifier: "/us/usc/t10/s1042"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
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text_hash: "c60f255dd60bffc4edd6e155b903ef4b7f15ffb5605a859ce033f45ed9a81404"
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1042 - Copy of certificate of service
|
||||
|
||||
## Text
|
||||
|
||||
A fee for a copy of a certificate showing service in the armed forces may not be charged to—
|
||||
|
||||
(1) a person discharged or released from the armed forces honorably or under honorable conditions;
|
||||
|
||||
(2) the next of kin of the person; or
|
||||
|
||||
(3) a legal representative of the person.
|
||||
|
||||
(Added Pub. L. 97–258, § 2(b)(2)(B), Sept. 13, 1982, 96 Stat. 1052.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 104231:483b.June 19, 1956, ch. 409, 70 Stat. 297. The words “armed forces” are substituted for “Army, Navy, Air Force, Marine Corps, or Coast Guard” because of 10:101(4). The words “honorably or” are added for consistency with 10:1040.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1043"
|
||||
description: "Service credit: service in the National Oceanic and Atmospheric Administration or the Public Health Service"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "53"
|
||||
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|
||||
section: "1043"
|
||||
citation: "10 U.S.C. § 1043"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1043 - Service credit: service in the National Oceanic and Atmospheric Administration or the Public Health Service
|
||||
|
||||
## Text
|
||||
|
||||
Active commissioned service in the National Oceanic and Atmospheric Administration or the Public Health Service shall be credited as active commissioned service in the armed forces for purposes of determining the retirement eligibility and computing the retired pay of a member of the armed forces.
|
||||
|
||||
(Added Pub. L. 98–94, title X, § 1007(b)(1), Sept. 24, 1983, 97 Stat. 662.)
|
||||
@@ -0,0 +1,77 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1044"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
source_identifier: "/us/usc/t10/s1044"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1044 - Legal assistance
|
||||
|
||||
## Text
|
||||
|
||||
(a) Subject to the availability of legal staff resources, the Secretary concerned may provide legal assistance in connection with their personal civil legal affairs to the following persons:
|
||||
|
||||
(1) Members of the armed forces who are on active duty.
|
||||
|
||||
(2) Members and former members entitled to retired or retainer pay or equivalent pay.
|
||||
|
||||
(3) Officers of the commissioned corps of the Public Health Service or the commissioned officer corps of the National Oceanic and Atmospheric Administration who are on active duty or entitled to retired or equivalent pay.
|
||||
|
||||
(4) Members of reserve components not covered by paragraph (1) or (2) following release from active duty under a call or order to active duty for more than 30 days issued under a mobilization authority (as determined by the Secretary), for a period of time (prescribed by the Secretary) that begins on the date of the release and is not less than twice the length of the period served on active duty under that call or order to active duty.
|
||||
|
||||
(5) Dependents of members and former members described in paragraphs (1), (2), (3), and (4).
|
||||
|
||||
(6) Survivors of a deceased member or former member described in paragraphs (1), (2), (3), and (4) who were dependents of the member or former member at the time of the death of the member or former member, except that the eligibility of such survivors shall be determined pursuant to regulations prescribed by the Secretary concerned.
|
||||
|
||||
(7) Civilian employees of the Federal Government serving in locations where legal assistance from non-military legal assistance providers is not reasonably available, except that the eligibility of civilian employees shall be determined pursuant to regulations prescribed by the Secretary concerned.
|
||||
|
||||
(b) Under such regulations as may be prescribed by the Secretary concerned, the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of legal assistance programs under this section.
|
||||
|
||||
(c) This section does not authorize legal counsel to be provided to represent a member or former member of the uniformed services described in subsection (a), or the dependent of such a member or former member, in a legal proceeding if the member or former member can afford legal fees for such representation without undue hardship.
|
||||
|
||||
(d) (1) Notwithstanding any law regarding the licensure of attorneys, a judge advocate or civilian attorney who is authorized to provide military legal assistance is authorized to provide that assistance in any jurisdiction, subject to such regulations as may be prescribed by the Secretary concerned.
|
||||
|
||||
(2) Military legal assistance may be provided only by a judge advocate or a civilian attorney who is a member of the bar of a Federal court or of the highest court of a State and, for purposes of service as a Special Victims’ Counsel under section 1044e of this title, satisfies the additional qualifications and training requirements specified in subsection (d) of such section.
|
||||
|
||||
(3) In this subsection, the term “military legal assistance” includes—
|
||||
|
||||
(A) legal assistance provided under this section; and
|
||||
|
||||
(B) legal assistance contemplated by sections 1044a, 1044b, 1044c, 1044d, 1044e, 1565b(a)(1)(A), and 2894(b)(4) of this title.
|
||||
|
||||
(e) The Secretary concerned shall define “dependent” for the purposes of this section.
|
||||
|
||||
(Added Pub. L. 98–525, title VI, § 651(a), Oct. 19, 1984, 98 Stat. 2549; amended Pub. L. 104–201, div. A, title V, § 583, Sept. 23, 1996, 110 Stat. 2538; Pub. L. 106–398, § 1 [[div. A], title V, § 524(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–108; Pub. L. 109–163, div. A, title V, § 555, Jan. 6, 2006, 119 Stat. 3265; Pub. L. 110–181, div. A, title V, § 541, Jan. 28, 2008, 122 Stat. 114; Pub. L. 111–84, div. A, title V, § 513, Oct. 28, 2009, 123 Stat. 2282; Pub. L. 112–239, div. A, title V, § 531(d)(2), Jan. 2, 2013, 126 Stat. 1726; Pub. L. 113–66, div. A, title XVII, § 1716(a)(3)(A), (B), Dec. 26, 2013, 127 Stat. 969; Pub. L. 113–291, div. A, title X, § 1071(f)(12), Dec. 19, 2014, 128 Stat. 3510; Pub. L. 114–92, div. A, title V, § 535(c), Nov. 25, 2015, 129 Stat. 816; Pub. L. 116–92, div. B, title XXX, § 3022(b), Dec. 20, 2019, 133 Stat. 1934; Pub. L. 117–263, div. K, title CXVII, § 11707, Dec. 23, 2022, 136 Stat. 4158.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Subsec. (a)(3). Pub. L. 117–263 inserted “or the commissioned officer corps of the National Oceanic and Atmospheric Administration” after “Public Health Service”. 2019—Subsec. (d)(3)(B). Pub. L. 116–92 substituted “1565b(a)(1)(A), and 2894(b)(4)” for “and 1565b(a)(1)(A)”. 2015—Subsec. (d)(2). Pub. L. 114–92 substituted “satisfies the additional qualifications and training requirements specified in subsection (d)” for “meets the additional qualifications specified in subsection (d)(2)”. 2014—Subsec. (d)(2). Pub. L. 113–291 substituted “such section.” for “such section..”. 2013—Subsec. (b). Pub. L. 112–239 inserted “, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps,” after “jurisdiction of the Secretary”. Subsec. (d)(2). Pub. L. 113–66, § 1716(a)(3)(A), inserted before period at end “and, for purposes of service as a Special Victims’ Counsel under section 1044e of this title, meets the additional qualifications specified in subsection (d)(2) of such section.” Subsec. (d)(3)(B). Pub. L. 113–66, § 1716(a)(3)(B), substituted “1044d, 1044e, and 1565b(a)(1)(A)” for “and 1044d”. 2009—Subsec. (a)(4). Pub. L. 111–84 substituted “the Secretary), for a period of time (prescribed by the Secretary)” for “the Secretary of Defense), for a period of time, prescribed by the Secretary of Defense,”. 2008—Subsec. (a)(6), (7). Pub. L. 110–181 added pars. (6) and (7). 2006—Subsecs. (d), (e). Pub. L. 109–163 added subsec. (d) and redesignated former subsec. (d) as (e). 2000—Subsec. (a)(4). Pub. L. 106–398, § 1 [[div. A], title V, § 524(a)(2)], added par. (4). Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 106–398, § 1 [[div. A], title V, § 524(b)], substituted “(3), and (4)” for “and (3)”. Pub. L. 106–398, § 1 [[div. A], title V, § 524(a)(1)], redesignated par. (4) as (5). 1996—Subsec. (a). Pub. L. 104–201, § 583(d)(1), substituted “to the following persons:” for “to—” in introductory provisions. Subsec. (a)(1). Pub. L. 104–201, § 583(c), (d)(2), (3), substituted “Members” for “members”, struck out “under his jurisdiction” after “armed forces”, and substituted a period for the semicolon at end. Subsec. (a)(2). Pub. L. 104–201, § 583(c), (d)(2), (4), substituted “Members and” for “members and”, struck out “under his jurisdiction” after “former members”, and substituted a period for “; and” at end. Subsec. (a)(3), (4). Pub. L. 104–201, § 583(a), added pars. (3) and (4) and struck out former par. (3) which read as follows: “dependents of members and former members described in clauses (1) and (2).” Subsec. (c). Pub. L. 104–201, § 583(b), substituted “uniformed services described in subsection (a)” for “armed forces” and inserted “such” after “dependent of”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
RegulationsPub. L. 106–398, § 1 [[div. A], title V, § 524(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–108, provided that: “Regulations to implement the amendments made by this section [amending this section] shall be prescribed not later than 180 days after the date of the enactment of this Act [Oct. 30, 2000].”
|
||||
|
||||
Legal Counsel for Victims of Alleged Domestic Violence OffensesPub. L. 116–92, div. A, title V, § 548, Dec. 20, 2019, 133 Stat. 1378, provided that: “(a) In General.—Not later than December 1, 2020, the Secretary of Defense shall carry out a program to provide legal counsel (referred to in this section as ‘Counsel’) to victims of alleged domestic violence offenses who are otherwise eligible for military legal assistance under section 1044 of title 10, United States Code. “(b) Form of Implementation.—The program required under subsection (a) may be carried out as part of another program of the Department of Defense or through the establishment of a separate program. “(c) Training and Terms.—The Secretary of Defense shall ensure that Counsel—“(1) receive specialized training in legal issues commonly associated with alleged domestic violence offenses; and “(2) to the extent practicable, serve as Counsel for a period of not less than 2 years. “(d) Attorney-client Relationship.—The relationship between a Counsel and a victim in the provision of legal advice and assistance shall be the relationship between an attorney and client. “(e) Paralegal Support.—The Secretary of Defense shall ensure that sufficient trained paralegal support is provided to Counsel under the program. “(f) Report Required.—“(1) In general.—Not later than 120 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the program under subsection (a). “(2) Elements.—The report required under paragraph (1) shall include the following:“(A) A description and assessment of the manner in which the Department of Defense will implement the program required under subsection (a). “(B) An explanation of whether the program will be carried out as part of another program of the Department or through the establishment of a separate program. “(C) A comprehensive description of the additional personnel, resources, and training that will be required to implement the program, including identification of the specific number of additional billets that will be needed to staff the program. “(D) Recommendations for any modifications to law that may be necessary to effectively and efficiently implement the program. “(g) Alleged Domestic Violence Offense Defined.—In this section, the term ‘alleged domestic violence offense’ means any allegation of—“(1) a violation of section 928(b), 928b(1), 928b(5), or 930 of title 10, United States Code (article 128(b), 128b(1), 128b(5), or 130 of the Uniform Code of Military Justice), when committed against a spouse, intimate partner, or immediate family member; “(2) a violation of any other provision of subchapter X of chapter 47 of such title (the Uniform Code of Military Justice), when committed against a spouse, intimate partner, or immediate family member; or “(3) an attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).”
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
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type: "LegalText"
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "53"
|
||||
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
|
||||
section: "1044a"
|
||||
citation: "10 U.S.C. § 1044a"
|
||||
status: "current"
|
||||
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|
||||
release_date: "2026-06-26"
|
||||
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|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1044a - Authority to act as notary
|
||||
|
||||
## Text
|
||||
|
||||
(a) The persons named in subsection (b) have the general powers of a notary public and of a consul of the United States in the performance of all notarial acts to be executed by any of the following:
|
||||
|
||||
(1) Members of any of the uniformed services.
|
||||
|
||||
(2) Other persons eligible for legal assistance under the provisions of section 1044 of this title or regulations of the Department of Defense.
|
||||
|
||||
(3) Persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
|
||||
|
||||
(4) Other persons subject to the Uniform Code of Military Justice (chapter 47 of this title) outside the United States.
|
||||
|
||||
(b) Persons with the powers described in subsection (a) are the following:
|
||||
|
||||
(1) All judge advocates, including reserve judge advocates when not in a duty status.
|
||||
|
||||
(2) All civilian attorneys serving as legal assistance attorneys.
|
||||
|
||||
(3) All adjutants, assistant adjutants, and personnel adjutants, including reserve members when not in a duty status.
|
||||
|
||||
(4) All other members of the uniformed services, including reserve members when not in a duty status, who are designated by regulations of the uniformed services or by statute to have those powers.
|
||||
|
||||
(5) For the performance of notarial acts at locations outside the United States, all employees of a military department or the Coast Guard who are designated by regulations of the Secretary concerned or by statute to have those powers for exercise outside the United States.
|
||||
|
||||
(6) All civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel (as defined in section 1044d(g) of this title).
|
||||
|
||||
(c) No fee may be paid to or received by any person for the performance of a notarial act authorized in this section.
|
||||
|
||||
(d) The signature of any such person acting as notary, together with the title of that person’s offices, is prima facie evidence that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act.
|
||||
|
||||
(Added Pub. L. 101–510, div. A, title V, § 551(a)(1), Nov. 5, 1990, 104 Stat. 1566; amended Pub. L. 104–201, div. A, title V, § 573, Sept. 23, 1996, 110 Stat. 2534; Pub. L. 107–107, div. A, title XI, § 1103, Dec. 28, 2001, 115 Stat. 1236; Pub. L. 114–328, div. A, title V, § 523(b), Dec. 23, 2016, 130 Stat. 2116; Pub. L. 116–259, title II, § 205(b)(1), Dec. 23, 2020, 134 Stat. 1167.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2020—Subsec. (a)(1). Pub. L. 116–259, § 205(b)(1)(A), substituted “uniformed services” for “armed forces”. Subsec. (b)(4). Pub. L. 116–259, § 205(b)(1)(B), substituted “uniformed services” for “armed forces” in two places. 2016—Subsec. (b)(6). Pub. L. 114–328 added par. (6). 2001—Subsec. (b)(2). Pub. L. 107–107, § 1103(a), substituted “legal assistance attorneys” for “legal assistance officers”. Subsec. (b)(5). Pub. L. 107–107, § 1103(b), added par. (5). 1996—Subsec. (b)(1). Pub. L. 104–201, § 573(1), substituted “, including reserve judge advocates when not in a duty status” for “on active duty or performing inactive-duty training”. Subsec. (b)(3). Pub. L. 104–201, § 573(2), substituted “adjutants, including reserve members when not in a duty status” for “adjutants on active duty or performing inactive-duty training”. Subsec. (b)(4). Pub. L. 104–201, § 573(3), substituted “members of the armed forces, including reserve members when not in a duty status,” for “persons on active duty or performing inactive-duty training”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1044b"
|
||||
description: "Military powers of attorney: requirement for recognition by States"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
|
||||
section: "1044b"
|
||||
citation: "10 U.S.C. § 1044b"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1044b - Military powers of attorney: requirement for recognition by States
|
||||
|
||||
## Text
|
||||
|
||||
(a) Instruments To Be Given Legal Effect Without Regard to State Law.— A military power of attorney—
|
||||
|
||||
(1) is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and
|
||||
|
||||
(2) shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned.
|
||||
|
||||
(b) Military Power of Attorney.— For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law.
|
||||
|
||||
(c) Statement To Be Included.— (1) Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a).
|
||||
|
||||
(2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph.
|
||||
|
||||
(d) State Defined.— In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
|
||||
|
||||
(Added Pub. L. 103–160, div. A, title V, § 574(a), Nov. 30, 1993, 107 Stat. 1674.)
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
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|
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|
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|
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|
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|
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|
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|
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|
||||
chapter_number: "53"
|
||||
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|
||||
section: "1044c"
|
||||
citation: "10 U.S.C. § 1044c"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1044c - Advance medical directives of members and dependents: requirement for recognition by States
|
||||
|
||||
## Text
|
||||
|
||||
(a) Instruments To Be Given Legal Effect Without Regard to State Law.— An advance medical directive executed by a person eligible for legal assistance—
|
||||
|
||||
(1) is exempt from any requirement of form, substance, formality, or recording that is provided for advance medical directives under the laws of a State; and
|
||||
|
||||
(2) shall be given the same legal effect as an advance medical directive prepared and executed in accordance with the laws of the State concerned.
|
||||
|
||||
(b) Advance Medical Directives.— For purposes of this section, an advance medical directive is any written declaration that—
|
||||
|
||||
(1) sets forth directions regarding the provision, withdrawal, or withholding of life-prolonging procedures, including hydration and sustenance, for the declarant whenever the declarant has a terminal physical condition or is in a persistent vegetative state; or
|
||||
|
||||
(2) authorizes another person to make health care decisions for the declarant, under circumstances stated in the declaration, whenever the declarant is incapable of making informed health care decisions.
|
||||
|
||||
(c) Statement To Be Included.— (1) Under regulations prescribed by the Secretary concerned, an advance medical directive prepared by an attorney authorized to provide legal assistance shall contain a statement that sets forth the provisions of subsection (a).
|
||||
|
||||
(2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to an advance medical directive that does not include a statement described in that paragraph.
|
||||
|
||||
(d) States Not Recognizing Advance Medical Directives.— Subsection (a) does not make an advance medical directive enforceable in a State that does not otherwise recognize and enforce advance medical directives under the laws of the State.
|
||||
|
||||
(e) Definitions.— In this section:
|
||||
|
||||
(1) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
|
||||
|
||||
(2) The term “person eligible for legal assistance” means a person who is eligible for legal assistance under section 1044 of this title.
|
||||
|
||||
(3) The term “legal assistance” means legal services authorized under section 1044 of this title.
|
||||
|
||||
(Added Pub. L. 104–106, div. A, title VII, § 749(a)(1), Feb. 10, 1996, 110 Stat. 388.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentPub. L. 104–106, div. A, title VII, § 749(b), Feb. 10, 1996, 110 Stat. 389, provided that: “Section 1044c of title 10, United States Code, shall take effect on the date of the enactment of this Act [Feb. 10, 1996] and shall apply to advance medical directives referred to in that section that are executed before, on, or after that date.”
|
||||
@@ -0,0 +1,111 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1044d"
|
||||
description: "Military testamentary instruments: requirement for recognition by States"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
|
||||
section: "1044d"
|
||||
citation: "10 U.S.C. § 1044d"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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||||
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|
||||
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1044d - Military testamentary instruments: requirement for recognition by States
|
||||
|
||||
## Text
|
||||
|
||||
(a) Testamentary Instruments To Be Given Legal Effect.— A military testamentary instrument—
|
||||
|
||||
(1) is exempt from any requirement of form, formality, or recording before probate that is provided for testamentary instruments under the laws of a State; and
|
||||
|
||||
(2) has the same legal effect as a testamentary instrument prepared and executed in accordance with the laws of the State in which it is presented for probate.
|
||||
|
||||
(b) Military Testamentary Instruments.— For purposes of this section, a military testamentary instrument is an instrument that is prepared with testamentary intent in accordance with regulations prescribed under this section and that—
|
||||
|
||||
(1) is executed in accordance with subsection (c) by (or on behalf of) a person, as a testator, who is eligible for military legal assistance;
|
||||
|
||||
(2) makes a disposition of property of the testator; and
|
||||
|
||||
(3) takes effect upon the death of the testator.
|
||||
|
||||
(c) Requirements for Execution of Military Testamentary Instruments.— An instrument is valid as a military testamentary instrument only if—
|
||||
|
||||
(1) the instrument is executed by the testator (or, if the testator is unable to execute the instrument personally, the instrument is executed in the presence of, by the direction of, and on behalf of the testator);
|
||||
|
||||
(2) the execution of the instrument is notarized by—
|
||||
|
||||
(A) a military legal assistance counsel;
|
||||
|
||||
(B) a person who is authorized to act as a notary under section 1044a of this title who—
|
||||
|
||||
(i) is not an attorney; and
|
||||
|
||||
(ii) is supervised by a military legal assistance counsel; or
|
||||
|
||||
(C) a State-licensed notary employed by a military department or the Coast Guard who is supervised by a military legal assistance counsel;
|
||||
|
||||
(3) the instrument is executed in the presence of at least two disinterested witnesses (in addition to the person notarizing the instrument in accordance with paragraph (2)), each of whom attests to witnessing the testator’s execution of the instrument by signing it; and
|
||||
|
||||
(4) the instrument is executed in accordance with such additional requirements as may be provided in regulations prescribed under this section.
|
||||
|
||||
(d) Self-Proving Military Testamentary Instruments.— (1) If the document setting forth a military testamentary instrument meets the requirements of paragraph (2), then the signature of a person on the document as the testator, an attesting witness, a notary, or the presiding attorney, together with a written representation of the person’s status as such and the person’s military grade (if any) or other title, is prima facie evidence of the following:
|
||||
|
||||
(A) That the signature is genuine.
|
||||
|
||||
(B) That the signatory had the represented status and title at the time of the execution of the will.
|
||||
|
||||
(C) That the signature was executed in compliance with the procedures required under the regulations prescribed under subsection (f).
|
||||
|
||||
(2) A document setting forth a military testamentary instrument meets the requirements of this paragraph if it includes (or has attached to it), in a form and content required under the regulations prescribed under subsection (f), each of the following:
|
||||
|
||||
(A) A certificate, executed by the testator, that includes the testator’s acknowledgment of the testamentary instrument.
|
||||
|
||||
(B) An affidavit, executed by each witness signing the testamentary instrument, that attests to the circumstances under which the testamentary instrument was executed.
|
||||
|
||||
(C) A notarization, including a certificate of any administration of an oath required under the regulations, that is signed by the notary or other official administering the oath.
|
||||
|
||||
(e) Statement To Be Included.— (1) Under regulations prescribed under this section, each military testamentary instrument shall contain a statement that sets forth the provisions of subsection (a).
|
||||
|
||||
(2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a testamentary instrument that does not include a statement described in that paragraph.
|
||||
|
||||
(f) Regulations.— Regulations for the purposes of this section shall be prescribed jointly by the Secretary of Defense and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy.
|
||||
|
||||
(g) Definitions.— In this section:
|
||||
|
||||
(1) The term “person eligible for military legal assistance” means a person who is eligible for legal assistance under section 1044 of this title.
|
||||
|
||||
(2) The term “military legal assistance counsel” means—
|
||||
|
||||
(A) a judge advocate (as defined in section 801(13) of this title); or
|
||||
|
||||
(B) a civilian attorney serving as a legal assistance officer under the provisions of section 1044 of this title.
|
||||
|
||||
(3) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each possession of the United States.
|
||||
|
||||
(Added Pub. L. 106–398, § 1 [[div. A], title V, § 551(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–123; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 114–328, div. A, title V, § 523(a), Dec. 23, 2016, 130 Stat. 2116.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (c)(2). Pub. L. 114–328, § 523(a)(1), added par. (2) and struck out former par. (2) which read as follows: “the instrument is executed in the presence of a military legal assistance counsel acting as presiding attorney;”. Subsec. (c)(3). Pub. L. 114–328, § 523(a)(2), substituted “person notarizing the instrument in accordance with paragraph (2)” for “presiding attorney”. 2002—Subsec. (f). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,187 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1044e"
|
||||
description: "Special Victims’ Counsel for victims of sex-related offenses"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
|
||||
section: "1044e"
|
||||
citation: "10 U.S.C. § 1044e"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1044e"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "f67990bee9fa8d51b37efb9f35b9877a3125092e0c8a6b0955e2e1cbe477276f"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "3da53d337188ce83345103f976722a7bdbd40b6f6585cadc0136c790d987add2"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1044e - Special Victims’ Counsel for victims of sex-related offenses
|
||||
|
||||
## Text
|
||||
|
||||
(a) Designation; Purposes.— (1) The Secretary concerned shall designate legal counsel (to be known as “Special Victims’ Counsel”) for the purpose of providing legal assistance to an individual described in paragraph (2) who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.
|
||||
|
||||
(2) An individual described in this paragraph is any of the following:
|
||||
|
||||
(A) An individual eligible for military legal assistance under section 1044 of this title.
|
||||
|
||||
(B) An individual who is—
|
||||
|
||||
(i) not covered under subparagraph (A);
|
||||
|
||||
(ii) a member of a reserve component of the armed forces; and
|
||||
|
||||
(iii) a victim of an alleged sex-related offense as described in paragraph (1)—
|
||||
|
||||
(I) during a period in which the individual served on active duty, full-time National Guard duty, or inactive-duty training; or
|
||||
|
||||
(II) during any period, regardless of the duty status of the individual, if the circumstances of the alleged sex-related offense have a nexus to the military service of the victim, as determined under regulations prescribed by the Secretary of Defense.
|
||||
|
||||
(C) A civilian employee of the Department of Defense who is not eligible for military legal assistance under section 1044(a)(7) of this title, but who is the victim of an alleged sex-related offense, and the Secretary of Defense or the Secretary of the military department concerned waives the condition in such section for the purposes of offering Special Victims’ Counsel services to the employee.
|
||||
|
||||
(b) Types of Legal Assistance Authorized.— The types of legal assistance authorized by subsection (a) include the following:
|
||||
|
||||
(1) Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim’s right to seek military defense services.
|
||||
|
||||
(2) Legal consultation regarding the Victim Witness Assistance Program, including—
|
||||
|
||||
(A) the rights and benefits afforded the victim;
|
||||
|
||||
(B) the role of the Victim Witness Assistance Program liaison and what privileges do or do not exist between the victim and the liaison; and
|
||||
|
||||
(C) the nature of communication made to the liaison in comparison to communication made to a Special Victims’ Counsel or a legal assistance attorney under section 1044 of this title.
|
||||
|
||||
(3) Legal consultation regarding the responsibilities and support provided to the victim by the Sexual Assault Response Coordinator, a unit or installation Sexual Assault Victim Advocate, or domestic abuse advocate, to include any privileges that may exist regarding communications between those persons and the victim.
|
||||
|
||||
(4) Legal consultation regarding the potential for civil litigation against other parties (other than the United States).
|
||||
|
||||
(5) Legal consultation regarding the military justice system, including (but not limited to)—
|
||||
|
||||
(A) the roles and responsibilities of the trial counsel, the defense counsel, and investigators;
|
||||
|
||||
(B) any proceedings of the military justice process in which the victim may observe;
|
||||
|
||||
(C) the Government’s authority to compel cooperation and testimony; and
|
||||
|
||||
(D) the victim’s responsibility to testify, and other duties to the court.
|
||||
|
||||
(6) Representing the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the alleged sex-related offense.
|
||||
|
||||
(7) Legal consultation regarding eligibility and requirements for services available from appropriate agencies or offices for emotional and mental health counseling and other medical services;
|
||||
|
||||
(8) Legal consultation and assistance—
|
||||
|
||||
(A) in personal civil legal matters in accordance with section 1044 of this title;
|
||||
|
||||
(B) in any proceedings of the military justice process in which a victim can participate as a witness or other party;
|
||||
|
||||
(C) in understanding the availability of, and obtaining any protections offered by, civilian and military protecting or restraining orders; and
|
||||
|
||||
(D) in understanding the eligibility and requirements for, and obtaining, any available military and veteran benefits, such as transitional compensation benefits found in section 1059 of this title, section 1408(h) of this title, and other State and Federal victims’ compensation programs.
|
||||
|
||||
(9) Legal consultation and assistance in connection with—
|
||||
|
||||
(A) any complaint against the Government, including an allegation under review by an inspector general and a complaint regarding equal employment opportunities;
|
||||
|
||||
(B) any request to the Government for information, including a request under section 552a of title 5 (commonly referred to as a “Freedom of Information Act request”); and
|
||||
|
||||
(C) any correspondence or other communications with Congress.
|
||||
|
||||
(10) Legal consultation and assistance in connection with an incident of retaliation, whether such incident occurs before, during, or after the conclusion of any criminal proceedings, including—
|
||||
|
||||
(A) in understanding the rights and protections afforded to victims of retaliation;
|
||||
|
||||
(B) in the filing of complaints; and
|
||||
|
||||
(C) in any resulting military justice proceedings.
|
||||
|
||||
(11) Such other legal assistance as the Secretary of Defense (or, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) may authorize in the regulations prescribed under subsection (i).
|
||||
|
||||
(c) Nature of Relationship.— The relationship between a Special Victims’ Counsel and a victim in the provision of legal advice and assistance shall be the relationship between an attorney and client.
|
||||
|
||||
(d) Qualifications.— (1) An individual may not be designated as a Special Victims’ Counsel under this section unless the individual—
|
||||
|
||||
(A) meets the qualifications specified in section 1044(d)(2) of this title; and
|
||||
|
||||
(B) is certified as competent to be designated as a Special Victims’ Counsel by the Judge Advocate General of the armed force in which the judge advocate is a member or by which the civilian attorney is employed, and within the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps.
|
||||
|
||||
(2) The Secretary of Defense shall—
|
||||
|
||||
(A) develop a policy to standardize the time period within which a Special Victims’ Counsel receives training; and
|
||||
|
||||
(B) establish the baseline training requirements for a Special Victims’ Counsel.
|
||||
|
||||
(e) Administrative Responsibility.— (1) Consistent with the regulations prescribed under subsection (i), the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary concerned, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of individuals designated as Special Victims’ Counsel.
|
||||
|
||||
(2) The Secretary of Defense (and, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) shall conduct a periodic evaluation of the Special Victims’ Counsel programs operated under this section.
|
||||
|
||||
(3) The Secretary of Defense, in collaboration with the Secretaries of the military departments and the Secretary of the Department in which the Coast Guard is operating, shall establish—
|
||||
|
||||
(A) guiding principles for the Special Victims’ Counsel program, to include ensuring that—
|
||||
|
||||
(i) Special Victims’ Counsel are assigned to locations that maximize the opportunity for face-to-face communication between counsel and clients; and
|
||||
|
||||
(ii) effective means of communication are available to permit counsel and client interactions when face-to-face communication is not feasible;
|
||||
|
||||
(B) performance measures and standards to measure the effectiveness of the Special Victims’ Counsel program and client satisfaction with the program; and
|
||||
|
||||
(C) processes by which the Secretaries of the military departments and the Secretary of the Department in which the Coast Guard is operating will evaluate and monitor the Special Victims’ Counsel program using such guiding principles and performance measures and standards.
|
||||
|
||||
(f) Availability of Special Victims’ Counsel.— (1) An individual described in subsection (a)(2) who is the victim of an alleged sex-related offense shall be offered the option of receiving assistance from a Special Victims’ Counsel upon report of an alleged sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection.
|
||||
|
||||
(2) Subject to such exceptions for exigent circumstances as the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may prescribe, notice of the availability of a Special Victims’ Counsel shall be provided to an individual described in subsection (a)(2) before any military criminal investigator or trial counsel interviews, or requests any statement from, the individual regarding the alleged sex-related offense.
|
||||
|
||||
(3) The assistance of a Special Victims’ Counsel under this subsection shall be available to an individual described in subsection (a)(2) regardless of whether the individual elects unrestricted or restricted reporting of the alleged sex-related offense. The individual shall also be informed that the assistance of a Special Victims’ Counsel may be declined, in whole or in part, but that declining such assistance does not preclude the individual from subsequently requesting the assistance of a Special Victims’ Counsel.
|
||||
|
||||
(4) (A) Subject to subparagraph (B), if a Special Victims’ Counsel is not available at a military installation for access by a member of the armed forces who requests access to a Special Victims’ Counsel, a Special Victims’ Counsel shall be made available at such installation for access by such member by not later than 72 hours after such request.
|
||||
|
||||
(B) If the Secretary concerned determines that, due to exigent circumstances related to military activities, a Special Victims’ Counsel cannot be made available to a member of the armed forces within the time period required by subparagraph (A), the Secretary concerned shall ensure that a Special Victims’ Counsel is made available to such member as soon as is practical under such circumstances.
|
||||
|
||||
(g) Staffing Caseload Levels.— Commencing not later than four years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, each Secretary concerned shall ensure that the number of Special Victims’ Counsels serving in each military department (and with respect to the Coast Guard) is sufficient to ensure that the average caseload of a Special Victims’ Counsel does not exceed, to the extent practicable, 25 cases any given time.
|
||||
|
||||
(h) Alleged Sex-related Offense Defined.— In this section, the term “alleged sex-related offense” means any allegation of—
|
||||
|
||||
(1) a violation of section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice); or
|
||||
|
||||
(2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).
|
||||
|
||||
(i) Regulations.— The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe regulations to carry out this section.
|
||||
|
||||
(Added Pub. L. 113–66, div. A, title XVII, § 1716(a)(1), Dec. 26, 2013, 127 Stat. 966; amended Pub. L. 113–291, div. A, title V, §§ 531(c), 533, 534(a), Dec. 19, 2014, 128 Stat. 3364, 3366, 3367; Pub. L. 114–92, div. A, title V, §§ 532–534(a), 535(a), (b), Nov. 25, 2015, 129 Stat. 815, 816; Pub. L. 115–91, div. A, title X, § 1081(c)(2)(D), Dec. 12, 2017, 131 Stat. 1599; Pub. L. 116–92, div. A, title V, §§ 541, 542(a), Dec. 20, 2019, 133 Stat. 1374, 1375; Pub. L. 116–283, div. A, title X, § 1081(a)(22), Jan. 1, 2021, 134 Stat. 3872; Pub. L. 117–81, div. A, title X, § 1081(a)(15), Dec. 27, 2021, 135 Stat. 1920.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsec. (g), is the date of enactment of Pub. L. 116–92 which was approved Dec. 20, 2019.
|
||||
|
||||
Amendments2021—Subsecs. (b)(11), (e). Pub. L. 116–283 substituted “subsection (i)” for “subsection (h)”. Subsec. (g). Pub. L. 117–81 substituted “number of Special Victims’ Counsels” for “number of Special Victims’ Counsel”. 2019—Subsec. (b)(8)(D). Pub. L. 116–92, § 541(a), substituted “, section 1408(h) of this title, and other” for “and other”. Subsec. (b)(10), (11). Pub. L. 116–92, § 541(b), added par. (10) and redesignated former par. (10) as (11). Subsec. (f)(4). Pub. L. 116–92, § 542(a), added par. (4). Subsecs. (g) to (i). Pub. L. 116–92, § 541(c), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively. 2017—Subsec. (g)(1). Pub. L. 115–91 substituted “920b, 920c, or 930” for “920a, 920b, 920c, or 925” and “120b, 120c, or 130” for “120a, 120b, 120c, or 125”. 2015—Subsec. (a)(2)(C). Pub. L. 114–92, § 532, added subpar. (C). Subsec. (b)(9), (10). Pub. L. 114–92, § 533, added par. (9) and redesignated former par. (9) as (10). Subsec. (d). Pub. L. 114–92, § 535(a), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). Subsec. (e)(3). Pub. L. 114–92, § 535(b), added par. (3). Subsec. (f)(2), (3). Pub. L. 114–92, § 534(a), added par. (2) and redesignated former par. (2) as (3). 2014—Subsec. (a). Pub. L. 113–291, § 533(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary concerned shall designate legal counsel (to be known as ‘Special Victims’ Counsel’) for the purpose of providing legal assistance to an individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.” Subsec. (b)(4). Pub. L. 113–291, § 531(c)(1), substituted “the United States” for “the Department of Defense”. Subsec. (b)(6). Pub. L. 113–291, § 534(a), substituted “Representing the victim” for “Accompanying the victim”. Subsec. (d)(2). Pub. L. 113–291, § 531(c)(2), inserted “, and within the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps” before period at end. Subsec. (e)(1). Pub. L. 113–291, § 531(c)(3), inserted “concerned” after “jurisdiction of the Secretary”. Subsec. (f). Pub. L. 113–291, § 533(b), substituted “described in subsection (a)(2)” for “eligible for military legal assistance under section 1044 of this title” in pars. (1) and (2).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
|
||||
|
||||
Civilian Positions To Support Special Victims’ CounselPub. L. 117–81, div. A, title V, § 546, Dec. 27, 2021, 135 Stat. 1712, provided that: “(a) Civilian Support Positions.—Each Secretary of a military department may establish one or more civilian positions within each office of the Special Victims’ Counsel under the jurisdiction of such Secretary. “(b) Duties.—The duties of each position under subsection (a) shall be—“(1) to provide support to Special Victims’ Counsel, including legal, paralegal, and administrative support; and “(2) to ensure the continuity of legal services and the preservation of institutional knowledge in the provision of victim legal services notwithstanding transitions in the military personnel assigned to offices of the Special Victims’ Counsel. “(c) Special Victims’ Counsel Defined.—In this section, the term ‘Special Victims’ Counsel’ means Special Victims’ Counsel described in section 1044e of title 10, United States Code, and in the case of the Navy and Marine Corps, includes counsel designated as ‘Victims’ Legal Counsel’.”
|
||||
|
||||
Notification of Significant Events and Documentation of Preference for Prosecution Jurisdiction for Victims of Sexual AssaultPub. L. 116–92, div. A, title V, § 538, Dec. 20, 2019, 133 Stat. 1363, provided that: “(a) Notification to Victims of Events in Military Justice Process.—“(1) Notification required.—A member of the Armed Forces who is the victim of an alleged sexual assault by another member of the Armed Forces shall receive notification of each significant event in the military justice process that relates to the investigation, prosecution, and confinement of such other member for such assault. “(2) Documentation.—Appropriate documentation of each notification made pursuant to paragraph (1) shall be created and maintained in an appropriate system of records of the military department concerned. “(b) Documentation of Victim’s Preference for Prosecution Jurisdiction.—In the case of a member of the Armed Forces who is the victim of an alleged sexual assault committed by another member of the Armed Forces who is subject to prosecution for such offense both by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and by a civilian court under Federal or State law, appropriate documentation of the preference, if any, of such victim for prosecution of such offense by court-martial or by a civilian court as provided for by Rule for Courts-Martial 306(e) (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule), shall be created and maintained in an appropriate system of records of the military department concerned. “(c) Regulations.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall prescribe regulations implementing this section.”
|
||||
|
||||
Training for Special Victims’ Counsel on Civilian Criminal Justice Matters in the States of the Military Installations to Which AssignedPub. L. 116–92, div. A, title V, § 550C, Dec. 20, 2019, 133 Stat. 1382, provided that: “(a) Training.—“(1) In general.—Except as provided in subsection (c), upon the assignment of a Special Victims’ Counsel (including a Victim Legal Counsel of the Navy) to a military installation in the United States, such Counsel shall be provided appropriate training on the law and policies of the State or States in which such military installation is located with respect to the criminal justice matters specified in paragraph (2). The purpose of the training is to assist such Counsel in providing victims of alleged sex-related offenses with information necessary to make an informed decision regarding preference as to the jurisdiction (whether court-martial or State court) in which such offenses will be prosecuted. “(2) Criminal justice matters.—The criminal justice matters specified in this paragraph, with respect to a State, are the following:“(A) Victim rights. “(B) Prosecution of criminal offenses. “(C) Sentencing for conviction of criminal offenses. “(D) Protective orders. “(b) Alleged Sex-related Offense Defined.—In this section, the term ‘alleged sex-related offense’ means any allegation of—“(1) a violation of section 920, 920b, 920c, or 930 of title 10, United States Code (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice); or “(2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). “(c) Exception.—The requirements of this section do not apply to a Special Victims’ Counsel of the Coast Guard.”
|
||||
|
||||
Special Victims’ Counsel Training Regarding the Unique Challenges Often Faced by Male Victims of Sexual AssaultPub. L. 115–91, div. A, title V, § 536, Dec. 12, 2017, 131 Stat. 1392, provided that: “The baseline Special Victims’ Counsel training established under section 1044e(d)(2) of title 10, United States Code, shall include training for Special Victims’ Counsel to recognize and deal with the unique challenges often faced by male victims of sexual assault.”
|
||||
|
||||
Enhancement of Victims’ Rights in Connection With Prosecution of Certain Sex-Related OffensesPub. L. 113–291, div. A, title V, § 534(b)–(e), Dec. 19, 2014, 128 Stat. 3367, 3368, provided that: “(b) Consultation Regarding Victim’s Preference in Prosecution Venue.—“(1) Consultation process required.—The Secretary of Defense shall establish a process to ensure consultation with the victim of an alleged sex-related offense that occurs in the United States to solicit the victim’s preference regarding whether the offense should be prosecuted by court-martial or in a civilian court with jurisdiction over the offense. “(2) Convening authority consideration of preference.—The preference expressed by the victim of an alleged sex-related offense under paragraph (1) regarding the prosecution of the offense, while not binding, should be considered by the convening authority in making the determination regarding whether to refer the charge or specification for the offense to a court-martial for trial. “(3) Notice to appropriate jurisdiction of victim’s preference for civilian prosecution.—If the victim of an alleged sex-related offense expresses a preference under paragraph (1) for prosecution of the offense in a civilian court, the convening authority described in paragraph (2) shall ensure that the civilian authority with jurisdiction over the offense is notified of the victim’s preference for civilian prosecution. “(4) Notice to victim of status of civilian prosecution when victim expresses preference for civilian prosecution.—Following notification of the civilian authority with jurisdiction over an alleged sex-related offense of the preference of the victim of the offense for prosecution of the offense in a civilian court, the convening authority shall be responsible for notifying the victim if the convening authority learns of any decision by the civilian authority to prosecute or not prosecute the offence in a civilian court. “(c) Modification of Manual for Courts-Martial.—Not later than 180 days after the date of the enactment of this Act [Dec. 19, 2014], Part III of the Manual for Courts-Martial shall be modified to provide that when a victim of an alleged sex-related offense has a right to be heard in connection with the prosecution of the alleged sex-related such offense, the victim may exercise that right through counsel, including through a Special Victims’ Counsel under section 1044e of title 10, United States Code (as amended by subsection (a)). “(d) Notice to Counsel on Scheduling of Proceedings.—The Secretary concerned shall establish policies and procedures designed to ensure that any counsel of the victim of an alleged sex-related offense, including a Special Victims’ Counsel under section 1044e of title 10, United States Code (as amended by subsection (a)), is provided prompt and adequate notice of the scheduling of any hearing, trial, or other proceeding in connection with the prosecution of such offense in order to permit such counsel the opportunity to prepare for such proceeding. “(e) Definitions.—In this section:“(1) The term ‘alleged sex-related offense’ has the meaning given that term in section 1044e(g) [now 1044e(h)] of title 10, United States Code. “(2) The term ‘Secretary concerned’ has the meaning given that term in section 101(a)(9) of such title.”
|
||||
|
||||
ImplementationPub. L. 113–66, div. A, title XVII, § 1716(a)(4), Dec. 26, 2013, 127 Stat. 969, provided that: “Section 1044e of title 10, United States Code, as added by paragraph (1), shall be implemented within 180 days after the date of the enactment of this Act [Dec. 26, 2013].”
|
||||
|
||||
Enhanced Training RequirementPub. L. 113–66, div. A, title XVII, § 1716(b), Dec. 26, 2013, 127 Stat. 969, provided that: “The Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall implement, consistent with the guidelines provided under section 1044e of title 10, United States Code, as added by subsection (a), in-depth and advanced training for all military and civilian attorneys providing legal assistance under section 1044 or 1044e of such title to support victims of alleged sex-related offenses.”
|
||||
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|
||||
---
|
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1044f"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1044f - Policies with respect to special trial counsel
|
||||
|
||||
## Text
|
||||
|
||||
(a) Policies Required.— The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. Subject to subsection (c), the policies shall—
|
||||
|
||||
(1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen;
|
||||
|
||||
(2) provide for the appointment of one lead special trial counsel, who shall—
|
||||
|
||||
(A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice;
|
||||
|
||||
(B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and
|
||||
|
||||
(C) report directly to the Secretary concerned, without intervening authority;
|
||||
|
||||
(3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office—
|
||||
|
||||
(A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and
|
||||
|
||||
(B) conduct assigned activities free from unlawful or unauthorized influence or coercion;
|
||||
|
||||
(4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and
|
||||
|
||||
(5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel.
|
||||
|
||||
(b) Uniformity.— The Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure.
|
||||
|
||||
(c) Special Trial Counsel of Department of the Air Force.— In establishing policies under subsection (a), the Secretary of Defense shall—
|
||||
|
||||
(1) in lieu of providing for separate offices for the Air Force and Space Force under subsection (a)(1), provide for the establishment of a single dedicated office from which office the activities of the special trial counsel of the Department of the Air Force shall be supervised and overseen; and
|
||||
|
||||
(2) in lieu of providing for separate lead special trial counsels for the Air Force and Space Force under subsection (a)(2), provide for the appointment of one lead special trial counsel who shall be responsible for the overall supervision and oversight of the activities of the special trial counsel of the Department of the Air Force.
|
||||
|
||||
(d) Military Service Defined.— In this section, the term “military service” means the Army, Navy, Air Force, Marine Corps, and Space Force.
|
||||
|
||||
(Added Pub. L. 117–81, div. A, title V, § 532(a), Dec. 27, 2021, 135 Stat. 1694; amended Pub. L. 117–263, div. A, title V, § 545(a), Dec. 23, 2022, 136 Stat. 2584.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Subsec. (a). Pub. L. 117–263, § 545(a)(1), substituted “Subject to subsection (c), the policies shall” for “The policies shall” in introductory provisions. Subsecs. (c), (d). Pub. L. 117–263, § 545(a)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2022 AmendmentPub. L. 117–263, div. A, title V, § 545(b), Dec. 23, 2022, 136 Stat. 2584, provided that: “The amendments made subsection (a) [amending this section] shall take effect immediately after the coming into effect of the amendments made by section 532 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1694) [enacting this section] as provided in section 539C of that Act (10 U.S.C. 801 note).”
|
||||
|
||||
Effective DateSection effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as an Effective Date of 2021 Amendment note under section 801 of this title.
|
||||
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|
||||
---
|
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|
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|
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1045"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
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release_date: "2026-06-26"
|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1045 - Voluntary withholding of State income tax from retired or retainer pay
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Secretary concerned shall enter into an agreement under this section with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Secretary concerned shall withhold State income tax from the monthly retired or retainer pay of any member or former member entitled to such pay who voluntarily requests such withholding in writing. The amounts withheld during any calendar month shall be retained by the Secretary concerned and disbursed to the States during the following calendar month.
|
||||
|
||||
(b) A member or former member may request that the State designated for withholding be changed and that the withholdings be remitted in accordance with such change. A member or former member also may revoke any request of such member or former member for withholding. Any request for a change in the State designated and any revocation is effective on the first day of the month after the month in which the request or revocation is processed by the Secretary concerned, but in no event later than on the first day of the second month beginning after the day on which the request or revocation is received by the Secretary concerned.
|
||||
|
||||
(c) A member or former member may have in effect at any time only one request for withholding under this section and may not have more than two such requests in effect during any one calendar year.
|
||||
|
||||
(d) (1) This section does not give the consent of the United States to the application of a statute that imposes more burdensome requirements on the United States than on employers generally or that subjects the United States or any member or former member entitled to retired or retainer pay to a penalty or liability because of this section.
|
||||
|
||||
(2) The Secretary concerned may not accept pay from a State for services performed in withholding State income taxes from retired or retainer pay.
|
||||
|
||||
(3) Any amount erroneously withheld from retired or retainer pay and paid to a State by the Secretary concerned shall be repaid by the State in accordance with regulations prescribed by the Secretary concerned.
|
||||
|
||||
(e) In this section:
|
||||
|
||||
(1) The term “State” means any State, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
|
||||
|
||||
(2) The term “Secretary concerned” includes the Secretary of Health and Human Services with respect to the commissioned corps of the Public Health Service and the Secretary of Commerce with respect to the commissioned corps of the National Oceanic and Atmospheric Administration.
|
||||
|
||||
(Added Pub. L. 98–525, title VI, § 654(a), Oct. 19, 1984, 98 Stat. 2551; amended Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 109–163, div. A, title VI, § 661, Jan. 6, 2006, 119 Stat. 3314.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Subsec. (a). Pub. L. 109–163, in third sentence, substituted “any calendar month” for “any calendar quarter” and “during the following calendar month” for “during the month following that calendar quarter”. 1987—Subsec. (e)(1), (2). Pub. L. 100–26 inserted “The term” after each par. designation.
|
||||
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|
||||
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|
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|
||||
title: "10 U.S.C. § 1046"
|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1046 - Overseas temporary foster care program
|
||||
|
||||
## Text
|
||||
|
||||
(a) Program Authorized.— The Secretary concerned may establish a program to provide temporary foster care services outside the United States for children accompanying members of the armed forces on duty at stations outside the United States. The foster care services provided under such a program shall be similar to those services provided by State and local governments in the United States.
|
||||
|
||||
(b) Expenses.— Under regulations prescribed by the Secretary concerned, the expenses related to providing foster care services under subsection (a) may be paid from appropriated funds available to the Secretary.
|
||||
|
||||
(Added Pub. L. 102–484, div. A, title VI, § 651(a), Oct. 23, 1992, 106 Stat. 2425.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1046, added Pub. L. 98–525, title VII, § 708(a)(1), Oct. 19, 1984, 98 Stat. 2572, related to preseparation counseling, prior to repeal by Pub. L. 101–510, div. A, title V, § 502(b)(1), Nov. 5, 1990, 104 Stat. 1557.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1047 - Allowance for civilian clothing
|
||||
|
||||
## Text
|
||||
|
||||
(a) Members Traveling In Connection With Medical Evacuation.— The Secretary of the military department concerned may furnish civilian clothing and luggage to a member at a cost not to exceed $250, or reimburse a member for the purchase of civilian clothing and luggage in an amount not to exceed $250, in the case of a member who—
|
||||
|
||||
(1) is medically evacuated for treatment in a medical facility by reason of an illness or injury incurred or aggravated while on active duty; or
|
||||
|
||||
(2) after being medically evacuated as described in paragraph (1), is in an authorized travel status from a medical facility to another location approved by the Secretary.
|
||||
|
||||
(b) Certain Enlisted Members.— The Secretary of the military department concerned may furnish civilian clothing, at a cost of not more than $40, to an enlisted member who is—
|
||||
|
||||
(1) discharged for misconduct or unsuitability or under conditions other than honorable;
|
||||
|
||||
(2) sentenced by a civil court to confinement in a prison;
|
||||
|
||||
(3) interned or discharged as an alien enemy; or
|
||||
|
||||
(4) discharged before completion of recruit training under honorable conditions for dependency, hardship, minority, or disability or for the convenience of the Government.
|
||||
|
||||
(Added Pub. L. 98–525, title XIV, § 1401(d)(1), Oct. 19, 1984, 98 Stat. 2615; amended Pub. L. 108–375, div. A, title V, § 584(a), Oct. 28, 2004, 118 Stat. 1929; Pub. L. 110–181, div. A, title VI, § 634, Jan. 28, 2008, 122 Stat. 155.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in the following appropriation acts: Oct. 12, 1984, Pub. L. 98–473, title I, § 101(h) [title VIII, § 8024], 98 Stat. 1904, 1928. Dec. 8, 1983, Pub. L. 98–212, title VII, § 727, 97 Stat. 1443. Dec. 21, 1982, Pub. L. 97–377, title I, § 101(c) [title VII, § 730], 96 Stat. 1833, 1855. Dec. 29, 1981, Pub. L. 97–114, title VII, § 730, 95 Stat. 1584. Dec. 15, 1980, Pub. L. 96–527, title VII, § 731, 94 Stat. 3086. Dec. 21, 1979, Pub. L. 96–154, title VII, § 731, 93 Stat. 1157. Oct. 13, 1978, Pub. L. 95–457, title VIII, § 831, 92 Stat. 1249. Sept. 21, 1977, Pub. L. 95–111, title VIII, § 830, 91 Stat. 905. Sept. 22, 1976, Pub. L. 94–419, title VII, § 730, 90 Stat. 1296. Feb. 9, 1976, Pub. L. 94–212, title VII, § 730, 90 Stat. 173. Oct. 8, 1974, Pub. L. 93–437, title VIII, § 831, 88 Stat. 1230. Jan. 2, 1974, Pub. L. 93–238, title VII, § 732, 87 Stat. 1044. Oct. 26, 1972, Pub. L. 92–570, title VII, § 732, 86 Stat. 1201. Dec. 18, 1971, Pub. L. 92–204, title VII, § 733, 85 Stat. 733. Jan. 11, 1971, Pub. L. 91–668, title VIII, § 833, 84 Stat. 2036. Dec. 29, 1969, Pub. L. 91–171, title VI, § 633, 83 Stat. 485. Oct. 17, 1968, Pub. L. 90–580, title V, § 532, 82 Stat. 1135. Sept. 29, 1967, Pub. L. 90–96, title VI, § 632, 81 Stat. 247. Oct. 15, 1966, Pub. L. 89–687, title VI, § 633, 80 Stat. 996. Sept. 29, 1965, Pub. L. 89–213, title VI, § 633, 79 Stat. 879. Aug. 19, 1964, Pub. L. 88–446, title V, § 533, 78 Stat. 480. Oct. 17, 1963, Pub. L. 88–149, title V, § 533, 77 Stat. 269. Aug. 9, 1962, Pub. L. 87–577, title V, § 534, 76 Stat. 333. Aug. 17, 1961, Pub. L. 87–144, title VI, § 634, 75 Stat. 381. July 7, 1960, Pub. L. 86–601, title II, § 201, 74 Stat. 340–342. Aug. 18, 1959, Pub. L. 86–166, title II, § 201, 73 Stat. 368–370. Aug. 22, 1958, Pub. L. 85–724, title III, § 301, title IV, § 401, title V, § 501, 72 Stat. 714, 717, 721. Aug. 2, 1957, Pub. L. 85–117, title III, § 301, title IV, § 401, title V, § 501, 71 Stat. 314, 316, 321. July 2, 1956, ch. 488, title III, § 301, title IV, § 401, title V, § 501, 70 Stat. 457, 459, 464. July 13, 1955, ch. 358, title III, § 301, title IV, § 401, title V, § 501, 69 Stat. 304, 306, 312. June 30, 1954, ch. 432, title IV, § 401, title V, § 501, title VI, § 601, 68 Stat. 339, 342, 347. Aug. 1, 1953, ch. 305, title III, § 301, title IV, § 401, title V, § 501, 67 Stat. 339, 342, 348. July 10, 1952, ch. 630, title III, § 301, title IV, § 401, title V, § 501, 66 Stat. 520, 524, 529. Oct. 18, 1951, ch. 512, title III, § 301, title IV, § 401, title V, § 501, 65 Stat. 429, 437, 443. Sept. 6, 1950, ch. 896, Ch. X, title III, § 301, title IV, § 401, title V, § 501, 64 Stat. 735, 743, 749. Oct. 29, 1949, ch. 787, title III, § 301, title IV, § 401, title V, § 501, 63 Stat. 993, 1006, 1014. June 24, 1948, ch. 632, 62 Stat. 655. July 30, 1947, ch. 357, title I, § 1, 61 Stat. 557. July 16, 1946, ch. 583, § 1, 60 Stat. 548. July 3, 1945, ch. 265, § 1, 59 Stat. 391. June 28, 1944, ch. 303, § 1, 58 Stat. 580. July 1, 1943, ch. 185, § 1, 57 Stat. 354. July 2, 1942, ch. 477, § 1, 56 Stat. 617. June 30, 1941, ch. 262, § 1, 55 Stat. 373. June 13, 1940, ch. 343, § 1, 54 Stat. 359. Apr. 26, 1939, ch. 88, § 1, 53 Stat. 600. June 11, 1938, ch. 37, § 1, 52 Stat. 650. July 1, 1937, ch. 423, § 1, 50 Stat. 450. May 15, 1936, ch. 404, § 1, title I, 49 Stat. 1286. Apr. 9, 1935, ch. 54, § 1, title I, 49 Stat. 129. Apr. 26, 1934, ch. 165, title I, 48 Stat. 622. Mar. 4, 1933, ch. 281, title I, 47 Stat. 1577. July 14, 1932, ch. 482, title I, 47 Stat. 671. Feb. 23, 1931, ch. 279, title I, 46 Stat. 1284. May 28, 1930, ch. 348, title I, 46 Stat. 438. Feb. 28, 1929, ch. 366, title I, 45 Stat. 1356. Mar. 23, 1928, ch. 232, title I, 45 Stat. 332. Feb. 23, 1927, ch. 167, title I, 44 Stat. 1113. Apr. 15, 1926, ch. 146, title I, 44 Stat. 262.
|
||||
|
||||
Amendments2008—Subsec. (a). Pub. L. 110–181 inserted “and luggage” after “civilian clothing” in two places in introductory provisions. 2004—Pub. L. 108–375 added subsec. (a), designated existing provisions as subsec. (b), and inserted subsec. (b) heading.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2004 Amendment; Retroactive ApplicationPub. L. 108–375, div. A, title V, § 584(b), (c), Oct. 28, 2004, 118 Stat. 1930, provided that: “(b) Effective Date.—Subsection (a) of section 1047 of title 10, United States Code, as added by subsection (a), shall take effect as of October 1, 2004, and (subject to subsection (c)) shall apply with respect to clothing furnished, and reimbursement for clothing purchased, on or after that date. “(c) Retroactive Application.—With respect to the period beginning on October 1, 2004, and ending on the date of the enactment of this Act [Oct. 28, 2004], the Secretary of Defense shall provide for subsection (a) of section 1047 of title 10, United States Code, as added by subsection (a), to be applied as a continuation of the authority provided in section 1319 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 571), as continued in effect during fiscal year 2004 by section 1103 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108–106; 117 Stat. 1214).”
|
||||
|
||||
Effective DateSection effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1048"
|
||||
description: "Gratuity payment to persons discharged for fraudulent enlistment"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
|
||||
section: "1048"
|
||||
citation: "10 U.S.C. § 1048"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1048"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "c1a5b06cab1c99b3664341ac33ad850a3d9e8c6451538c9a4495e4df271f4cda"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "b2a3baf62402c424cc5031ce2278b981c937730251a2876086d3d53f83171fe6"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1048 - Gratuity payment to persons discharged for fraudulent enlistment
|
||||
|
||||
## Text
|
||||
|
||||
The Secretary concerned may pay a gratuity of not to exceed $25 to a person discharged for fraudulent enlistment.
|
||||
|
||||
(Added Pub. L. 98–525, title XIV, § 1401(d)(1), Oct. 19, 1984, 98 Stat. 2616.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in the following appropriation acts: Oct. 12, 1984, Pub. L. 98–473, title I, § 101(h) [title VIII, § 8006], 98 Stat. 1904, 1923. Dec. 8, 1983, Pub. L. 98–212, title VII, § 709, 97 Stat. 1439. Dec. 21, 1982, Pub. L. 97–377, title I, § 101(c) [title VII, § 709], 96 Stat. 1833, 1851. Dec. 29, 1981, Pub. L. 97–114, title VII, § 709, 95 Stat. 1579. Dec. 15, 1980, Pub. L. 96–527, title VII, § 709, 94 Stat. 3081. Dec. 21, 1979, Pub. L. 96–154, title VII, § 709, 93 Stat. 1153. Oct. 13, 1978, Pub. L. 95–457, title VIII, § 809, 92 Stat. 1244. Sept. 21, 1977, Pub. L. 95–111, title VIII, § 808, 91 Stat. 900. Sept. 22, 1976, Pub. L. 94–419, title VII, § 708, 90 Stat. 1292. Feb. 9, 1976, Pub. L. 94–212, title VII, § 708, 90 Stat. 169. Oct. 8, 1974, Pub. L. 93–437, title VIII, § 808, 88 Stat. 1225. Jan. 2, 1974, Pub. L. 93–238, title VII, § 708, 87 Stat. 1039. Oct. 26, 1972, Pub. L. 92–570, title VII, § 708, 86 Stat. 1197. Dec. 18, 1971, Pub. L. 92–204, title VII, § 708, 85 Stat. 728. Jan. 11, 1971, Pub. L. 91–668, title VIII, § 808, 84 Stat. 2031. Dec. 29, 1969, Pub. L. 91–171, title VI, § 608, 83 Stat. 480. Oct. 17, 1968, Pub. L. 90–580, title V, § 507, 82 Stat. 1130. Sept. 29, 1967, Pub. L. 90–96, title VI, § 607, 81 Stat. 242. Oct. 15, 1966, Pub. L. 89–687, title VI, § 607, 80 Stat. 991. Sept. 29, 1965, Pub. L. 89–213, title VI, § 607, 79 Stat. 874. Aug. 19, 1964, Pub. L. 88–446, title V, § 507, 78 Stat. 475. Oct. 17, 1963, Pub. L. 88–149, title V, § 507, 77 Stat. 264. Aug. 9, 1962, Pub. L. 87–577, title V, § 507, 76 Stat. 328. Aug. 17, 1961, Pub. L. 87–144, title VI, § 607, 75 Stat. 376. July 7, 1960, Pub. L. 86–601, title V, § 507, 74 Stat. 350. Aug. 18, 1959, Pub. L. 86–166, title V, § 607, 73 Stat. 379. Aug. 22, 1958, Pub. L. 85–724, title III, § 301, title V, § 501, 72 Stat. 713, 722. Aug. 2, 1957, Pub. L. 85–117, title III, § 301, title V, § 501, 71 Stat. 313, 321. July 2, 1956, ch. 488, title III, § 301, title V, § 501, 70 Stat. 456, 465. July 13, 1955, ch. 358, title III, § 301, title V, § 501, 69 Stat. 303, 313. June 30, 1954, ch. 432, title IV, § 401, title VI, § 601, 68 Stat. 339, 348. Aug. 1, 1953, ch. 305, title III, § 301, title V, § 501, 67 Stat. 338, 348. July 10, 1952, ch. 630, title III, § 301, title V, § 501, 66 Stat. 519, 530. Oct. 18, 1951, ch. 512, title III, § 301, title V, § 501, 65 Stat. 426, 443. Sept. 6, 1950, ch. 896, Ch. X, title III, § 301, title V, § 501, 64 Stat. 732, 750. Oct. 29, 1949, ch. 787, title III, § 301, title V, § 501, 63 Stat. 991, 1015. June 24, 1948, ch. 632, 62 Stat. 653. July 30, 1947, ch. 357, title I, § 1, 61 Stat. 555. July 16, 1946, ch. 583, § 1, 60 Stat. 546. July 3, 1945, ch. 265, § 1, 59 Stat. 389. June 28, 1944, ch. 303, § 1, 58 Stat. 578. July 1, 1943, ch. 185, § 1, 57 Stat. 352. July 2, 1942, ch. 477, § 1, 56 Stat. 615.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1049"
|
||||
description: "Subsistence: miscellaneous persons"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
|
||||
section: "1049"
|
||||
citation: "10 U.S.C. § 1049"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1049"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "4147cf0aba37105f87b81e5f36abe29611cc509a80acb01df6c1fae05132ff56"
|
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raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
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text_hash: "3bbae3abf6aa25380dda8c4b3e60b38ead45af857cfa675d0c3544292f673cda"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1049 - Subsistence: miscellaneous persons
|
||||
|
||||
## Text
|
||||
|
||||
The following persons may be provided subsistence at the expense of the United States:
|
||||
|
||||
(1) Enlisted members while sick in hospitals.
|
||||
|
||||
(2) Applicants for enlistment and selective service registrants called for induction.
|
||||
|
||||
(3) Prisoners.
|
||||
|
||||
(4) Civilian employees, as authorized by law.
|
||||
|
||||
(5) Supernumeraries, when necessitated by emergent military circumstances.
|
||||
|
||||
(Added Pub. L. 98–525, title XIV, § 1401(d)(1), Oct. 19, 1984, 98 Stat. 2616.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in the following appropriation acts: Oct. 12, 1984, Pub. L. 98–473, title I, § 101(h) [title VIII, § 8006], 98 Stat. 1904, 1923. Dec. 8, 1983, Pub. L. 98–212, title VII, § 709, 97 Stat. 1439. Dec. 21, 1982, Pub. L. 97–377, title I, § 101(c) [title VII, § 709], 96 Stat. 1833, 1851. Dec. 29, 1981, Pub. L. 97–114, title VII, § 709, 95 Stat. 1579. Dec. 15, 1980, Pub. L. 96–527, title VII, § 709, 94 Stat. 3081. Dec. 21, 1979, Pub. L. 96–154, title VII, § 709, 93 Stat. 1153. Oct. 13, 1978, Pub. L. 95–457, title VIII, § 809, 92 Stat. 1244. Sept. 21, 1977, Pub. L. 95–111, title VIII, § 808, 91 Stat. 900. Sept. 22, 1976, Pub. L. 94–419, title VII, § 708, 90 Stat. 1292. Feb. 9, 1976, Pub. L. 94–212, title VII, § 708, 90 Stat. 169. Oct. 8, 1974, Pub. L. 93–437, title VIII, § 808, 88 Stat. 1225. Jan. 2, 1974, Pub. L. 93–238, title VII, § 708, 87 Stat. 1039. Oct. 26, 1972, Pub. L. 92–570, title VII, § 708, 86 Stat. 1197. Dec. 18, 1971, Pub. L. 92–204, title VII, § 708, 85 Stat. 728. Jan. 11, 1971, Pub. L. 91–668, title VIII, § 808, 84 Stat. 2031. Dec. 29, 1969, Pub. L. 91–171, title VI, § 608, 83 Stat. 480. Oct. 17, 1968, Pub. L. 90–580, title V, § 507, 82 Stat. 1130. Sept. 29, 1967, Pub. L. 90–96, title VI, § 607, 81 Stat. 242. Oct. 15, 1966, Pub. L. 89–687, title VI, § 607, 80 Stat. 991. Sept. 29, 1965, Pub. L. 89–213, title VI, § 607, 79 Stat. 874. Aug. 19, 1964, Pub. L. 88–446, title V, § 507, 78 Stat. 475. Oct. 17, 1963, Pub. L. 88–149, title V, § 507, 77 Stat. 264. Aug. 9, 1962, Pub. L. 87–577, title V, § 507, 76 Stat. 328. Aug. 17, 1961, Pub. L. 87–144, title II, § 201, title VI, § 607, 75 Stat. 367, 376. July 7, 1960, Pub. L. 86–601, title II, § 201, title V, § 507, 74 Stat. 340, 350. Aug. 18, 1959, Pub. L. 86–166, title II, § 201, title V, § 607, 73 Stat. 368, 379. Aug. 22, 1958, Pub. L. 85–724, title III, § 301, title V, § 501, 72 Stat. 713, 714, 721, 722. Aug. 2, 1957, Pub. L. 85–117, title III, § 301, title V, § 501, 71 Stat. 313, 314, 321. July 2, 1956, ch. 488, title III, § 301, title V, § 501, 70 Stat. 456, 457, 465. July 13, 1955, ch. 358, title III, § 301, title V, § 501, 69 Stat. 303, 312. June 30, 1954, ch. 432, title IV, § 401, title VI, § 601, 68 Stat. 339, 348. Aug. 1, 1953, ch. 305, title III, § 301, title V, § 501, 67 Stat. 338, 339, 348. July 10, 1952, ch. 630, title III, § 301, title V, § 501, 66 Stat. 519, 520, 529. Oct. 18, 1951, ch. 512, title III, § 301, title V, § 501, 65 Stat. 428, 443. Sept. 6, 1950, ch. 896, Ch. X, title III, § 301, title V, § 501, 64 Stat. 734, 749, 750. Oct. 29, 1949, ch. 787, title III, § 301, title V, § 501, 63 Stat. 991, 992, 1015. June 24, 1948, ch. 632, 62 Stat. 654. July 30, 1947, ch. 357, title I, § 1, 61 Stat. 556. July 16, 1946, ch. 583, § 1, 60 Stat. 546, 547. July 3, 1945, ch. 265, § 1, 59 Stat. 389, 390. June 28, 1944, ch. 303, § 1, 58 Stat. 579. July 1, 1943, ch. 185, § 1, 57 Stat. 353. July 2, 1942, ch. 477, § 1, 56 Stat. 616. June 30, 1941, ch. 262, § 1, 55 Stat. 372. June 13, 1940, ch. 343, § 1, 54 Stat. 357. Apr. 26, 1939, ch. 88, § 1, 53 Stat. 599. June 11, 1938, ch. 37, § 1, 52 Stat. 648. July 1, 1937, ch. 423, § 1, 50 Stat. 448. May 15, 1936, ch. 404, § 1, title I, 49 Stat. 1285. Apr. 9, 1935, ch. 54, § 1, title I, 49 Stat. 127. Apr. 26, 1934, ch. 165, title I, 48 Stat. 620. Mar. 4, 1933, ch. 281, title I, 47 Stat. 1576. July 14, 1932, ch. 482, title I, 47 Stat. 669. Feb. 23, 1931, ch. 279, title I, 46 Stat. 1282. May 28, 1930, ch. 348, title I, 46 Stat. 437. Feb. 28, 1929, ch. 366, title I, 45 Stat. 1354. Mar. 23, 1928, ch. 232, title I, 45 Stat. 331. Feb. 23, 1927, ch. 167, title I, 44 Stat. 1111. Apr. 15, 1926, ch. 146, title I, 44 Stat. 260. Feb. 12, 1925, ch. 225, title I, 43 Stat. 898.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1050"
|
||||
description: "Repealed. Pub. L. 114–328, div. A, title XII, § 1243(b)(1), Dec. 23, 2016, 130 Stat. 2516]"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
|
||||
section: "1050"
|
||||
citation: "10 U.S.C. § 1050"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1050"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "f23e365f60abd54dfbb08e539f325ac40960e2ed26dd82d010810fa2e6385a39"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "9ef5c271dbb6f6c95eb10cad519eed34297bcae7e5c1e9c5db6749b6fc5dadf3"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1050 - Repealed. Pub. L. 114–328, div. A, title XII, § 1243(b)(1), Dec. 23, 2016, 130 Stat. 2516]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 98–525, title XIV, § 1401(d)(1), Oct. 19, 1984, 98 Stat. 2616; amended Pub. L. 105–261, div. A, title IX, § 905(b), Oct. 17, 1998, 112 Stat. 2093, related to the payment of personnel expenses for Latin American cooperation.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in the following appropriation acts: Pub. L. 98–473, title I, § 101(h) [title VIII, § 8006], Oct. 12, 1984, 98 Stat. 1904, 1923. Pub. L. 98–212, title VII, § 709, Dec. 8, 1983, 97 Stat. 1439. Pub. L. 97–377, title I, § 101(c) [title VII, § 709], Dec. 21, 1982, 96 Stat. 1833, 1851. Pub. L. 97–114, title VII, § 709, Dec. 29, 1981, 95 Stat. 1579. Pub. L. 96–527, title VII, § 709, Dec. 15, 1980, 94 Stat. 3081. Pub. L. 96–154, title VII, § 709, Dec. 21, 1979, 93 Stat. 1153. Pub. L. 95–457, title VIII, § 809, Oct. 13, 1978, 92 Stat. 1244. Pub. L. 95–111, title VIII, § 808, Sept. 21, 1977, 91 Stat. 900. Pub. L. 94–419, title VII, § 708, Sept. 22, 1976, 90 Stat. 1292. Pub. L. 94–212, title VII, § 708, Feb. 9, 1976, 90 Stat. 169. Pub. L. 93–437, title VIII, § 808, Oct. 8, 1974, 88 Stat. 1225. Pub. L. 93–238, title VII, § 708, Jan. 2, 1974, 87 Stat. 1039. Pub. L. 92–570, title VII, § 708, Oct. 26, 1972, 86 Stat. 1197. Pub. L. 92–204, title VII, § 708, Dec. 18, 1971, 85 Stat. 728. Pub. L. 91–668, title VIII, § 808, Jan. 11, 1971, 84 Stat. 2031. Pub. L. 91–171, title VI, § 608, Dec. 29, 1969, 83 Stat. 480. Pub. L. 90–580, title V, § 507, Oct. 17, 1968, 82 Stat. 1130. Pub. L. 90–96, title VI, § 607, Sept. 29, 1967, 81 Stat. 242. Pub. L. 89–687, title VI, § 607, Oct. 15, 1966, 80 Stat. 991. Pub. L. 89–213, title VI, § 607, Sept. 29, 1965, 79 Stat. 874. Pub. L. 88–446, title V, § 507, Aug. 19, 1964, 78 Stat. 475. Pub. L. 88–149, title V, § 507, Oct. 17, 1963, 77 Stat. 264. Pub. L. 87–577, title V, § 507, Aug. 9, 1962, 76 Stat. 328. Pub. L. 87–144, title II, § 201, Aug. 17, 1961, 75 Stat. 367, 369. Pub. L. 86–601, title II, § 201, July 7, 1960, 74 Stat. 341, 343. Pub. L. 86–166, title II, § 201, Aug. 18, 1959, 73 Stat. 369, 371. Pub. L. 85–724, title III, § 301, title V, § 501, Aug. 22, 1958, 72 Stat. 714, 721. Pub. L. 85–117, title III, § 301, title V, § 501, Aug. 2, 1957, 71 Stat. 314, 321. July 2, 1956, ch. 488, title III, § 301, title V, § 501, 70 Stat. 457, 465. July 13, 1955, ch. 358, title III, § 301, title V, § 501, 69 Stat. 304, 312. June 30, 1954, ch. 432, title IV, § 401, title VI, § 601, 68 Stat. 340, 347. Aug. 1, 1953, ch. 305, title III, § 301, title V, § 501, 67 Stat. 339, 347. July 10, 1952, ch. 630, title III, § 301, title V, § 501, 66 Stat. 521, 529. Oct. 18, 1951, ch. 512, title III, § 301, title V, § 501, 65 Stat. 426, 442. Sept. 6, 1950, ch. 896, Ch. X, title III, § 301, title V, § 501, 64 Stat. 732, 749. Oct. 29, 1949, ch. 787, title III, § 301, title V, § 501, 63 Stat. 989, 1014. June 24, 1948, ch. 632, 62 Stat. 650. July 30, 1947, ch. 357, title I, § 1, 61 Stat. 568. July 16, 1946, ch. 583, § 1, 60 Stat. 560. July 3, 1945, ch. 265, § 1, 59 Stat. 401. June 28, 1944, ch. 303, § 1, 58 Stat. 591. July 1, 1943, ch. 185, § 1, 57 Stat. 365. July 2, 1942, ch. 477, § 1, 56 Stat. 628.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Savings Provision for Fiscal Years 2017, 2018, and 2019Pub. L. 114–328, div. A, title XII, § 1243(c), Dec. 23, 2016, 130 Stat. 2516, as amended by Pub. L. 115–91, div. A, title XII, § 1208, Dec. 12, 2017, 131 Stat. 1647, provided that: “The authority under section 1050 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act [Dec. 23, 2016], shall continue to apply with respect to the Inter-American Defense College during fiscal years 2017, 2018, and 2019 under regulations prescribed by the Secretary of Defense.”
|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
|
||||
# 10 U.S.C. § 1050a to 1051a - Repealed. Pub. L. 114–328, div. A, title XII, § 1243(b)(1), Dec. 23, 2016, 130 Stat. 2516]
|
||||
|
||||
## Notes
|
||||
|
||||
Section 1050a, added Pub. L. 111–383, div. A, title XII, § 1204(a), Jan. 7, 2011, 124 Stat. 4386, related to the payment of personnel expenses for African cooperation.
|
||||
|
||||
Section 1051, added Pub. L. 99–661, div. A, title XIII, § 1322(a), Nov. 14, 1986, 100 Stat. 3989; amended Pub. L. 101–189, div. A, title IX, § 936, Nov. 29, 1989, 103 Stat. 1538; Pub. L. 101–510, div. A, title XIII, § 1301(5), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 102–484, div. A, title XIII, § 1362, Oct. 23, 1992, 106 Stat. 2560; Pub. L. 107–314, div. A, title XII, § 1202(a), Dec. 2, 2002, 116 Stat. 2663; Pub. L. 109–163, div. A, title XII, § 1203, Jan. 6, 2006, 119 Stat. 3456; Pub. L. 110–417, [div. A], title XII, § 1231(a), (b)(1), (c)(1), Oct. 14, 2008, 122 Stat. 4636, 4637, related to the payment of expenses for multilateral, bilateral, or regional cooperation programs.
|
||||
|
||||
Section 1051a, added Pub. L. 107–314, div. A, title XII, § 1201(a)(1), Dec. 2, 2002, 116 Stat. 2662; amended Pub. L. 109–13, div. A, title I, § 1010, May 11, 2005, 119 Stat. 244; Pub. L. 109–163, div. A, title XII, § 1205, Jan. 6, 2006, 119 Stat. 3456; Pub. L. 110–181, div. A, title XII, § 1203(a)–(e)(1), Jan. 28, 2008, 122 Stat. 364, 365; Pub. L. 111–84, div. A, title XII, § 1205(a), Oct. 28, 2009, 123 Stat. 2514; Pub. L. 113–291, div. A, title XII, § 1203, Dec. 19, 2014, 128 Stat. 3530, related to the payment of travel, subsistence, medical care, and other personal expenses and the provision of administrative services and support to liaison officers of certain foreign nations.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Air Force Scholarships for Partnership for Peace Nations To Participate in the Euro-NATO Joint Jet Pilot Training ProgramPub. L. 111–383, div. A, title XII, § 1206, Jan. 7, 2011, 124 Stat. 4387, permitted the Secretary of the Air Force to establish and maintain a demonstration scholarship program, until Sept. 30, 2012, to allow personnel of the air forces of countries that are signatories of the Partnership for Peace Framework Document to receive undergraduate pilot training and necessary related training through the Euro-NATO Joint Jet Pilot Training (ENJJPT) program.
|
||||
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|
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|
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|
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1051b - Renumbered § 313]
|
||||
|
||||
|
||||
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|
||||
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|
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|
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||||
---
|
||||
|
||||
# 10 U.S.C. § 1051c - Repealed. Pub. L. 114–328, div. A, title XII, § 1253(a)(1)(B), Dec. 23, 2016, 130 Stat. 2532]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 112–81, div. A, title IX, § 951(a)(1), Dec. 31, 2011, 125 Stat. 1548, related to assignments to improve education and training in information security as part of multilateral, bilateral, or regional cooperation programs.
|
||||
@@ -0,0 +1,93 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1052 - Adoption expenses: reimbursement
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authorization To Reimburse.— The Secretary of Defense shall carry out a program under which a member of the armed forces may be reimbursed, as provided in this section, for qualifying adoption expenses incurred by the member in the adoption of a child under 18 years of age.
|
||||
|
||||
(b) Adoptions Covered.— An adoption for which expenses may be reimbursed under this section includes an adoption by a single person, an infant adoption, an intercountry adoption, and an adoption of a child with special needs (as defined in section 473(c) of the Social Security Act (42 U.S.C. 673(c))).
|
||||
|
||||
(c) Benefits Paid After Adoption Is Final.— Benefits paid under this section in the case of an adoption may be paid only after the adoption is final.
|
||||
|
||||
(d) Treatment of Other Benefits.— A benefit may not be paid under this section for any expense paid to or for a member of the armed forces under any other adoption benefits program administered by the Federal Government or under any such program administered by a State or local government.
|
||||
|
||||
(e) Limitations.— (1) Not more than $2,000 may be paid under this section to a member of the armed forces, or to two such members who are spouses of each other, for expenses incurred in the adoption of a child.
|
||||
|
||||
(2) Not more than $5,000 may be paid under this section to a member of the armed forces, or to two such members who are spouses of each other, for adoptions by such member (or members) in any calendar year.
|
||||
|
||||
(f) Regulations.— The Secretary of Defense shall prescribe regulations to carry out this section.
|
||||
|
||||
(g) Definitions.— In this section:
|
||||
|
||||
(1) The term “qualifying adoption expenses” means reasonable and necessary expenses that are directly related to the legal adoption of a child under 18 years of age, but only if such adoption is arranged by a qualified adoption agency or other source authorized to place children for adoption under State or local law. Such term does not include any expense incurred—
|
||||
|
||||
(A) by an adopting parent for travel; or
|
||||
|
||||
(B) in connection with an adoption arranged in violation of Federal, State, or local law.
|
||||
|
||||
(2) The term “reasonable and necessary expenses” includes—
|
||||
|
||||
(A) public and private agency fees, including adoption fees charged by an agency in a foreign country;
|
||||
|
||||
(B) placement fees, including fees charged adoptive parents for counseling;
|
||||
|
||||
(C) legal fees (including court costs) in connection with services that are unavailable to a member of the armed forces under section 1044 or 1044a of this title; and
|
||||
|
||||
(D) medical expenses, including hospital expenses of the biological mother of the child to be adopted and of a newborn infant to be adopted.
|
||||
|
||||
(3) The term “qualified adoption agency” means any of the following:
|
||||
|
||||
(A) A State or local government agency which has responsibility under State or local law for child placement through adoption.
|
||||
|
||||
(B) A nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption.
|
||||
|
||||
(C) Any other source authorized by a State to provide adoption placement if the adoption is supervised by a court under State or local law.
|
||||
|
||||
(D) A foreign government or an agency authorized by a foreign government to place children for adoption, in any case in which—
|
||||
|
||||
(i) the adopted child is entitled to automatic citizenship under section 320 of the Immigration and Nationality Act (8 U.S.C. 1431); or
|
||||
|
||||
(ii) a certificate of citizenship has been issued for such child under section 322 of that Act (8 U.S.C. 1433).
|
||||
|
||||
(Added Pub. L. 102–190, div. A, title VI, § 651(a)(1), Dec. 5, 1991, 105 Stat. 1385; amended Pub. L. 102–484, div. A, title X, § 1052(12), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 104–201, div. A, title VI, § 652(a), Sept. 23, 1996, 110 Stat. 2582; Pub. L. 106–398, § 1 [[div. A], title V, § 579(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141; Pub. L. 108–375, div. A, title VI, § 661, Oct. 28, 2004, 118 Stat. 1974; Pub. L. 109–163, div. A, title V, § 592(a), Jan. 6, 2006, 119 Stat. 3280.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1052 was renumbered section 1063 of this title and subsequently repealed.
|
||||
|
||||
Amendments2006—Subsec. (g)(1). Pub. L. 109–163 inserted “or other source authorized to place children for adoption under State or local law” after “qualified adoption agency” in introductory provisions. 2004—Subsec. (g)(3)(D). Pub. L. 108–375 added subpar. (D). 2000—Pub. L. 106–398 substituted “Adoption expenses: reimbursement” for “Reimbursement for adoption expenses” in section catchline. 1996—Subsec. (g)(1). Pub. L. 104–201, § 652(a)(1), substituted “qualified adoption agency.” for “State or local government agency which has responsibility under State or local law for child placement through adoption or by a nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption.” Subsec. (g)(3). Pub. L. 104–201, § 652(a)(2), added par. (3). 1992—Subsec. (b). Pub. L. 102–484 inserted close parenthesis before period at end.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 102–190, div. A, title VI, § 651(c), Dec. 5, 1991, 105 Stat. 1387, provided that: “The amendments made by subsections (a) and (b) [enacting this section and section 514 of Title 14, Coast Guard] shall take effect on the date of the enactment of this Act [Dec. 5, 1991] and shall apply to adoptions completed on or after that date.”
|
||||
|
||||
Reimbursement for Adoptions Completed During Period Between Test and Permanent ProgramPub. L. 102–484, div. A, title VI, § 652, Oct. 23, 1992, 106 Stat. 2426, provided that this section and section 514 (now 2903) of Title 14, Coast Guard, would apply with respect to the reimbursement of adoption expenses incurred for an adoption proceeding completed during the period beginning on Oct. 1, 1990, and ending on Dec. 4, 1991, to the extent that such expenses would have been covered if the proceeding had been completed after Dec. 4, 1991, but only if an application for such reimbursement had been made within one year after Oct. 23, 1992.
|
||||
@@ -0,0 +1,61 @@
|
||||
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|
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|
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|
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|
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|
||||
|
||||
# 10 U.S.C. § 1053 - Financial institution charges incurred because of Government error in direct deposit of pay: reimbursement
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) A member of the armed forces (or a former member of the armed forces entitled to retired pay under chapter 1223 of this title) who, in accordance with law or regulation, participates in a program for the automatic deposit of pay to a financial institution may be reimbursed by the Secretary concerned for a covered late-deposit charge.
|
||||
|
||||
(2) A covered late-deposit charge for purposes of paragraph (1) is a charge (including an overdraft charge or a minimum balance or average balance charge) that is levied by a financial institution and that results from an administrative or mechanical error on the part of the Government that causes the pay of the person concerned to be deposited late or in an incorrect manner or amount.
|
||||
|
||||
(b) Reimbursements under this section shall be made from appropriations available for the pay and allowances of members of the armed force concerned.
|
||||
|
||||
(c) The Secretaries concerned shall prescribe regulations to carry out this section, including regulations for the manner in which reimbursement under this section is to be made.
|
||||
|
||||
(d) In this section:
|
||||
|
||||
(1) The term “financial institution” means a bank, savings and loan association, or similar institution or a credit union chartered by the United States or a State.
|
||||
|
||||
(2) The term “pay” includes (A) retired pay, and (B) allowances.
|
||||
|
||||
(Added Pub. L. 99–661, div. A, title VI, § 662(a)(1), Nov. 14, 1986, 100 Stat. 3893; amended Pub. L. 101–189, div. A, title VI, § 664(a)(1)–(3)(A), Nov. 29, 1989, 103 Stat. 1466; Pub. L. 102–25, title VII, § 701(e)(8)(A), Apr. 6, 1991, 105 Stat. 115; Pub. L. 104–106, div. A, title XV, § 1501(c)(8), Feb. 10, 1996, 110 Stat. 499; Pub. L. 105–261, div. A, title V, § 564(a), Oct. 17, 1998, 112 Stat. 2029; Pub. L. 106–398, § 1 [[div. A], title V, § 579(c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2000—Pub. L. 106–398 substituted “Financial institution charges incurred because of Government error in direct deposit of pay: reimbursement” for “Reimbursement for financial institution charges incurred because of Government error in direct deposit of pay” in section catchline. 1998—Subsec. (d)(1). Pub. L. 105–261 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘financial institution’ has the meaning given the term ‘financial organization’ in section 3332(a) of title 31.” 1996—Subsec. (a)(1). Pub. L. 104–106 substituted “chapter 1223” for “chapter 67”. 1991—Pub. L. 102–25 struck out “mandatory” after “error in” in section catchline. 1989—Pub. L. 101–189, § 664(a)(3)(A), amended section catchline generally, substituting “Reimbursement for financial institution charges incurred because of Government” for “Relief for expenses because of”. Subsec. (a). Pub. L. 101–189, § 664(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “A member of the armed forces who, by law or regulation, is required to participate in a program for the automatic deposit of pay to a financial institution may be reimbursed for overdraft charges levied by the financial institution when such charges result from an administrative or mechanical error on the part of the Government that causes such member’s pay to be deposited late or in an incorrect amount or manner.” Subsec. (d). Pub. L. 101–189, § 664(a)(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “In this section, the term ‘financial institution’ has the meaning given that term in section 3332 of title 31.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentPub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.
|
||||
|
||||
Effective Date of 1989 AmendmentPub. L. 101–189, div. A, title VI, § 664(c), Nov. 29, 1989, 103 Stat. 1467, provided that: “The amendments made by subsection (a) [amending this section], and section 1594 of title 10, United States Code, as added by subsection (b), shall apply with respect to pay and allowances deposited (or scheduled to be deposited) on or after the first day of the first month beginning after the date of the enactment of this Act [Nov. 29, 1989].”
|
||||
|
||||
Effective DatePub. L. 99–661, div. A, title VI, § 662(c), Nov. 14, 1986, 100 Stat. 3894, provided that: “Section 1053 of title 10, United States Code, as added by subsection (a), shall apply only with respect to charges levied as a result of errors occurring on or after the date of the enactment of this Act [Nov. 14, 1986].”
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1053a"
|
||||
description: "Repealed. Pub. L. 113–66, div. A, title VI, § 621(c)(2)(A), Dec. 26, 2013, 127 Stat. 784]"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
|
||||
section: "1053a"
|
||||
citation: "10 U.S.C. § 1053a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1053a"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
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|
||||
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||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1053a - Repealed. Pub. L. 113–66, div. A, title VI, § 621(c)(2)(A), Dec. 26, 2013, 127 Stat. 784]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 106–398, § 1 [[div. A], title V, § 579(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141, related to reimbursement for expenses incurred in connection with leave canceled due to contingency operations.
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1054"
|
||||
description: "Defense of certain suits arising out of legal malpractice"
|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
source_identifier: "/us/usc/t10/s1054"
|
||||
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|
||||
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|
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text_hash: "92e9d88c5dc51479a562d5939a434474835f35984f68b6b86883e9ba005d3e03"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1054 - Defense of certain suits arising out of legal malpractice
|
||||
|
||||
## Text
|
||||
|
||||
(a) The remedy against the United States provided by sections 1346(b) and 2672 of title 28 for damages for injury or loss of property caused by the negligent or wrongful act or omission of any person who is an attorney, paralegal, or other member of a legal staff within the Department of Defense (including the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32) or within the Coast Guard, in connection with providing legal services while acting within the scope of the person’s duties or employment, is exclusive of any other civil action or proceeding by reason of the same subject matter against the person (or the estate of the person) whose act or omission gave rise to such action or proceeding.
|
||||
|
||||
(b) The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) (or the estate of such person) for any such injury. Any person against whom such a civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person (or an attested true copy thereof) to such person’s immediate superior or to whomever was designated by the head of the agency concerned to receive such papers. Such person shall promptly furnish copies of the pleading and process therein—
|
||||
|
||||
(1) to the United States attorney for the district embracing the place wherein the action or proceeding is brought;
|
||||
|
||||
(2) to the Attorney General; and
|
||||
|
||||
(3) to the head of the agency concerned.
|
||||
|
||||
(c) Upon a certification by the Attorney General that a person described in subsection (a) was acting in the scope of such person’s duties or employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court—
|
||||
|
||||
(1) shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending; and
|
||||
|
||||
(2) shall be deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the case so removed is one in which a remedy by suit within the meaning of subsection (a) is not available against the United States, the case shall be remanded to the State court.
|
||||
|
||||
(d) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, and with the same effect.
|
||||
|
||||
(e) For purposes of this section, the provisions of section 2680(h) of title 28 shall not apply to a cause of action arising out of a negligent or wrongful act or omission in the provision of legal assistance.
|
||||
|
||||
(f) The head of the agency concerned may hold harmless or provide liability insurance for any person described in subsection (a) for damages for injury or loss of property caused by such person’s negligent or wrongful act or omission in the provision of authorized legal assistance while acting within the scope of such person’s duties if such person is assigned to a foreign country or detailed for service with an entity other than a Federal department, agency, or instrumentality or if the circumstances are such as are likely to preclude the remedies of third persons against the United States described in section 1346(b) of title 28, for such damage or injury.
|
||||
|
||||
(g) In this section, the term “head of the agency concerned” means the Secretary of Defense, the Secretary of a military department, or the Secretary of the department in which the Coast Guard is operating, as appropriate.
|
||||
|
||||
(Added Pub. L. 99–661, div. A, title XIII, § 1356(a)(1), Nov. 14, 1986, 100 Stat. 3996; amended Pub. L. 100–448, § 15(a), Sept. 28, 1988, 102 Stat. 1845.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1988—Subsec. (a). Pub. L. 100–448, § 15(a)(1), inserted “or within the Coast Guard” after “of title 32)”. Subsec. (g). Pub. L. 100–448, § 15(a)(2), inserted reference to the Secretary of the department in which the Coast Guard is operating.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1988 AmendmentPub. L. 100–448, § 15(b), Sept. 28, 1988, 102 Stat. 1845, provided that: “The amendments made by subsection (a) [amending this section] shall apply only to claims accruing on or after the date of the enactment of this Act [Sept. 28, 1988], regardless of when the alleged negligent act or omission occurred.”
|
||||
|
||||
Effective DatePub. L. 99–661, div. A, title XIII, § 1356(b), Nov. 14, 1986, 100 Stat. 3998, provided that: “Section 1054 of title 10, United States Code, as added by subsection (a), shall apply only to claims accruing on or after the date of the enactment of this Act [Nov. 14, 1986], regardless of when the alleged negligent or wrongful act or omission occurred.”
|
||||
|
||||
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1055"
|
||||
description: "Waiver of security deposits for members renting private housing; authority to indemnify landlord"
|
||||
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|
||||
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|
||||
kind: "code_section"
|
||||
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|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
|
||||
section: "1055"
|
||||
citation: "10 U.S.C. § 1055"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1055 - Waiver of security deposits for members renting private housing; authority to indemnify landlord
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Secretary of Defense may carry out a program under which the Secretary of a military department agrees to indemnify a landlord who leases a rental unit to a member of the armed forces against a breach of the lease by the member or for damage to the rental unit caused by the member. In exchange for agreement for such indemnification by the Secretary, the landlord shall be required to waive any requirement for payment by the member of a security deposit that the landlord would otherwise require.
|
||||
|
||||
(b) (1) For purposes of carrying out a program authorized by subsection (a), the Secretary of a military department, to the extent funds are provided in advance in appropriation Acts, may enter into an agreement with any landlord who agrees to waive the requirement for a security deposit in connection with the lease of a rental unit to a member of the armed forces under the jurisdiction of the Secretary. An agreement under this paragraph shall provide that—
|
||||
|
||||
(A) the term of the agreement shall remain in effect during the term of the member’s lease and during any lease renewal periods with the lessor;
|
||||
|
||||
(B) the member shall not pay a security deposit;
|
||||
|
||||
(C) the Secretary (except as provided in subparagraphs (D) and (E)) shall compensate the landlord for breach of the lease by the member and for damage to the rental unit caused by the member or by a guest or dependent of the member;
|
||||
|
||||
(D) the total liability of the Secretary for a breach of the lease or for damage described in subparagraph (C) may not exceed an amount equal to the amount that the Secretary determines would have been required by the landlord as a security deposit in the absence of an agreement authorized in this paragraph;
|
||||
|
||||
(E) the Secretary may not compensate the landlord for any claim for breach of the lease or for damage described in subparagraph (C) until the landlord exhausts any remedies available to the landlord (including submission to binding arbitration by a panel composed of military personnel and persons from the private sector) against the member for the breach or damage; and
|
||||
|
||||
(F) the Secretary shall be subrogated to the rights of the landlord in any case in which the Secretary compensates the landlord for breach of the lease or for damage described in subparagraph (C).
|
||||
|
||||
(2) Any authority of the Secretary of a military department under this section shall be exercised under regulations prescribed by the Secretary of Defense.
|
||||
|
||||
(c) (1) The Secretary of a military department who compensates a landlord under subsection (b) for a breach of a lease or for damage described in subsection (b)(1)(C) may issue a special order under section 1007 of title 37 to authorize the withholding from the pay of the member of an amount equal to the amount paid by the Secretary to the landlord as compensation for the breach or damage.
|
||||
|
||||
(2) Before the Secretary of a military department issues a special order under section 1007 of title 37 to authorize the withholding of any amount from the pay of a member for a breach or damage referred to in paragraph (1), the Secretary concerned shall provide the member with the same notice and opportunity for hearing and record inspection as provided an individual under section 5514(a)(2) of title 5. The Secretary concerned shall prescribe regulations, subject to the approval of the President, to carry out this paragraph. Such regulations shall be as uniform for the military departments as practicable.
|
||||
|
||||
(d) In this section, the term “landlord” means a person who leases a rental unit to a member of the armed forces.
|
||||
|
||||
(Added Pub. L. 100–456, div. A, title VI, § 621(a)(1), Sept. 29, 1988, 102 Stat. 1982.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 100–456, div. A, title VI, § 621(b), Sept. 29, 1988, 102 Stat. 1983, provided that: “Section 1055 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1988.”
|
||||
@@ -0,0 +1,103 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1056"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
section: "1056"
|
||||
citation: "10 U.S.C. § 1056"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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|
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|
||||
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|
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|
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1056 - Relocation assistance programs
|
||||
|
||||
## Text
|
||||
|
||||
(a) Requirement to Provide Assistance.— The Secretary of Defense shall carry out a program to provide relocation assistance to members of the armed forces and their families as provided in this section. In addition, the Secretary of Defense shall make every effort, consistent with readiness objectives, to stabilize and lengthen tours of duty to minimize the adverse effects of relocation.
|
||||
|
||||
(b) Types of Assistance.— (1) The Secretary of each military department, under regulations prescribed by the Secretary of Defense, shall provide relocation assistance, through military relocation assistance programs described in subsection (c), to members of the armed forces who are ordered to make a change of permanent station which includes a move to a new location (and for dependents of such members who are authorized to move in connection with the change of permanent station).
|
||||
|
||||
(2) The relocation assistance provided shall include the following:
|
||||
|
||||
(A) Provision of destination area information and preparation (to be provided before the change of permanent station takes effect), with emphasis on information with regard to moving costs, housing costs and availability, child care, spouse employment opportunities, cultural adaptation, community orientation, education systems, school enrollment procedures, and State-specific provisions under the Interstate Compact on Educational Opportunity for Military Children.
|
||||
|
||||
(B) Provision of counseling about financial management, home buying and selling, renting, stress management aimed at intervention and prevention of abuse, property management, and shipment and storage of household goods (including motor vehicles and pets).
|
||||
|
||||
(C) Provision of settling-in services, with emphasis on available government living quarters, private housing, child care, spouse employment assistance information, cultural adaptation, community orientation, and educational resources for dependent children, including school transition assistance, academic continuity, and special education services.
|
||||
|
||||
(D) Provision of home finding services, with emphasis on services for locating adequate, affordable temporary and permanent housing.
|
||||
|
||||
(E) Educational planning and support services for dependent children with disabilities, including procedures for transferring individualized education programs and coordinating with the Exceptional Family Member Program.
|
||||
|
||||
(F) Provision of information regarding available assistance under this section and any other assistance relating to a change of permanent station available under any other provision of law, including—
|
||||
|
||||
(i) information on family assistance programs authorized under section 1788 of this title, including financial planning resources, spouse employment support, and community integration services;
|
||||
|
||||
(ii) guidance on available housing assistance, including on-base housing options, rental protections, and resources for off-base relocation;
|
||||
|
||||
(iii) mental health and well-being support services, including those accessible during the period of transition for a change of permanent station;
|
||||
|
||||
(iv) educational resources for dependent children, including school transition assistance and special education services;
|
||||
|
||||
(v) information on available legal and financial counseling programs; and
|
||||
|
||||
(vi) any other assistance programs that support members of the armed forces and their families during relocation.
|
||||
|
||||
(3) The Secretary of each military department shall ensure that relocation assistance required to be provided under this subsection is provided not later than 45 days before the date on which a change of permanent station takes effect for a member of the armed forces under the jurisdiction of such Secretary.
|
||||
|
||||
(4) The Secretary of each military department shall—
|
||||
|
||||
(A) incorporate the information required to be provided under this subsection into accessible materials and briefings provided to members of the armed forces relating to a change of permanent station;
|
||||
|
||||
(B) ensure that the program under this section provides accessible materials and briefings at military installations and through online resources;
|
||||
|
||||
(C) develop a communication strategy, including digital outreach and printed materials, to increase awareness of the program under this section and assistance available under other provisions of law relating to a change of permanent station; and
|
||||
|
||||
(D) assess the satisfaction of members of the armed forces with the information provided under this subsection.
|
||||
|
||||
(c) Military Relocation Assistance Programs.— (1) The Secretary shall provide for the establishment of military relocation assistance programs to provide the relocation assistance described in subsection (b). The Secretary shall establish such a program in each geographic area in which at least 500 members of the armed forces are assigned to or serving at a military installation. A member who is not stationed within a geographic area that contains such a program shall be given access to such a program. The Secretary shall ensure that persons on the staff of each program are trained in the techniques and delivery of professional relocation assistance.
|
||||
|
||||
(2) The Secretary shall ensure that information available through each military relocation assistance program shall be managed through a computerized information system that can interact with all other military relocation assistance programs of the military departments, including programs located outside the continental United States.
|
||||
|
||||
(3) Duties of each military relocation assistance program shall include assisting personnel offices on the military installation in using the computerized information available through the program to help provide members of the armed forces who are deciding whether to reenlist information on locations of possible future duty assignments.
|
||||
|
||||
(d) Director.— The Secretary of Defense shall establish the position of Director of Military Relocation Assistance Programs in the office of the Assistant Secretary of Defense (Force Management and Personnel). The Director shall oversee development and implementation of the military relocation assistance programs under this section.
|
||||
|
||||
(e) Regulations.— This section shall be administered under regulations prescribed by the Secretary of Defense.
|
||||
|
||||
(f) Inapplicability to Coast Guard.— This section does not apply to the Coast Guard.
|
||||
|
||||
(Added Pub. L. 101–510, div. A, title XIV, § 1481(c)(1), Nov. 5, 1990, 104 Stat. 1705; amended Pub. L. 104–106, div. A, title IX, § 903(d), title X, § 1062(a), Feb. 10, 1996, 110 Stat. 402, 443; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 107–107, div. A, title X, § 1048(a)(9), Dec. 28, 2001, 115 Stat. 1223; Pub. L. 119–60, div. A, title VI, § 662(a), Dec. 18, 2025, 139 Stat. 914.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in Pub. L. 101–189, div. A, title VI, § 661(a)–(g), Nov. 29, 1989, 103 Stat. 1463, which was set out as a note under section 113 of this title, prior to repeal by Pub. L. 101–510, § 1481(c)(3).
|
||||
|
||||
Amendments2025—Subsec. (b)(2)(A). Pub. L. 119–60, § 662(a)(1)(A), substituted “community orientation, education systems, school enrollment procedures, and State-specific provisions under the Interstate Compact on Educational Opportunity for Military Children” for “and community orientation”. Subsec. (b)(2)(C). Pub. L. 119–60, § 662(a)(1)(B), substituted “community orientation, and educational resources for dependent children, including school transition assistance, academic continuity, and special education services” for “and community orientation”. Subsec. (b)(2)(E), (F). Pub. L. 119–60, § 662(a)(1)(C), added subpars. (E) and (F). Subsec. (b)(3), (4). Pub. L. 119–60, § 662(a)(2), added pars. (3) and (4). 2001—Subsec. (c)(2). Pub. L. 107–107 struck out “, not later than September 30, 1991,” before “information available”. 1996—Subsec. (d). Pub. L. 104–106, § 903(a), (d), which directed repeal of subsec. (d), eff. Jan. 31, 1997, was repealed by Pub. L. 104–201. Subsecs. (f), (g). Pub. L. 104–106, § 1062(a), redesignated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: “Annual Report.—Not later than March 1 each year, the Secretary of Defense, acting through the Director of Military Relocation Assistance Programs, shall submit to Congress a report on the program under this section and on military family relocation matters. The report shall include the following: “(1) An assessment of available, affordable private-sector housing for members of the armed forces and their families. “(2) An assessment of the actual nonreimbursed costs incurred by members of the armed forces and their families who are ordered to make a change of permanent station. “(3) Information (shown by military installation) on the types of locations at which members of the armed forces assigned to duty at military installations live, including the number of members of the armed forces who live on a military installation and the number who do not live on a military installation. “(4) Information on the effects of the relocation assistance programs established under this section on the quality of life of members of the armed forces and their families and on retention and productivity of members of the armed forces.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Implementation of Relocation Assistance ProgramsPub. L. 101–510, div. A, title XIV, § 1481(c)(4), Nov. 5, 1990, 104 Stat. 1705, provided that: “The program required to be carried out by section 1056 of title 10, United States Code, as added by paragraph (1), shall be established by the Secretary of Defense not later than October 1, 1990. The Secretary shall prescribe regulations to implement that section not later than July 1, 1990.”
|
||||
|
||||
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
|
||||
|
||||
Oversight Requirements for Contracts Relating to Relocation Logistics for Household GoodsPub. L. 119–60, div. A, title III, § 346, Dec. 18, 2025, 139 Stat. 827, provided that: “(a) Requirements.—The Secretary of Defense shall ensure that any covered contract includes the following oversight requirements:“(1) The prime contractor shall submit to the Secretary a document summarizing the key terms and conditions of each subcontract relating to capacity, performance, or compliance with the requirements of the subcontract, which shall include the following:“(A) The guaranteed capacity of each subcontractor to perform the work required under the subcontract (including with respect to location, volume, and peak season commitment). “(B) Performance metrics and service level agreements applicable to each subcontractor. “(C) Provisions for monitoring and enforcing subcontractor performance. “(D) Termination clauses and penalties for noncompliance. “(E) Data sharing and security requirements. “(2) Each subcontractor shall provide to the prime contractor, upon request, certifications and copies of training completion relating to compliance with the requirements under the subcontract. “(3) The prime contractor shall submit to the Secretary regular performance reports on each subcontractor, including metrics relating to on-time pickup, on-time delivery, damage claim rates, customer satisfaction, and compliance with the requirements of the subcontract. “(4) The prime contractor shall submit to the Secretary a subcontractor management plan outlining the processes of the prime contractor for selecting, monitoring, and managing subcontractors, including a description of how the prime contractor ensures subcontractor compliance with applicable laws, regulations, and the requirements of the subcontract. “(5) The prime contractor shall maintain a comprehensive risk management plan that addresses potential disruptions to the performance of work by subcontractors of the prime contractor, such as financial instability, natural disasters, or labor disputes. “(6) Not less frequently than on a monthly basis for the duration of the covered contract, the prime contractor shall submit to the Secretary the subcontractor rating system used by the prime contractor, with current scoring results under such system. “(7) The prime contractor shall submit to the Secretary the subcontractor rates for each move to be performed under the subcontract. “(8) The prime contractor shall establish clear escalation procedures for addressing subcontractor performance issues, including steps for resolving disputes, implementing corrective actions, and terminating non-performing subcontractors. “(9) The Federal Government may audit subcontractor records with reasonable notice to the prime contractor. “(10) The covered contract shall include a fixed-price line item for monthly overhead costs, separate from the rates associated with the costs of individual moves performed under the covered contract. “(11) The prime contractor shall establish a database that the Secretary may access on a real-time basis to ensure compliance with this section. “(b) Additional Considerations.—During the development of an acquisition strategy and execution strategy for any covered contract, the Secretary shall consider, in addition to the requirements under subsection (a), the following:“(1) Entering into a single contract pursuant to the requirements of the Federal Acquisition Regulation if the move to be performed under such contract would involve the use of a shipping lane that accounts for more than one percent of the total volume of permanent change of station moves and entering into a services contract if the move to be performed under such contract would not involve the use of such a lane. “(2) Tiered incentive awards for higher levels of capacity. “(c) Covered Contract.—In this section, the term ‘covered contract’—“(1) means a contract with an entity that provides relocation logistics for the household goods of members of the Armed Forces undergoing a permanent change of station (commonly referred to as a ‘single move manager’); and “(2) does not include a contract or other agreement for the relocation of a private vehicle owned or leased by a member of the Armed Forces.”
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1056a"
|
||||
description: "Reintegration of recovered Department of Defense personnel; post-isolation support activities for other recovered personnel"
|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
chapter_number: "53"
|
||||
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
|
||||
section: "1056a"
|
||||
citation: "10 U.S.C. § 1056a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1056a - Reintegration of recovered Department of Defense personnel; post-isolation support activities for other recovered personnel
|
||||
|
||||
## Text
|
||||
|
||||
(a) Reintegration and Support Authorized.— The Secretary of Defense may carry out the following:
|
||||
|
||||
(1) Reintegration activities for recovered persons who are Department of Defense personnel.
|
||||
|
||||
(2) Post-isolation support activities for or on behalf of other recovered persons who are officers or employees of the United States Government, military or civilian officers or employees of an allied or coalition partner of the United States, or other United States or foreign nationals.
|
||||
|
||||
(b) Activities Authorized.— (1) The activities authorized by subsection (a) for or on behalf of a recovered person may include the following:
|
||||
|
||||
(A) The provision of food, clothing, necessary medical support, and essential sundry items for the recovered person.
|
||||
|
||||
(B) In accordance with regulations prescribed by the Secretary of Defense, travel and transportation allowances for not more than three family members, or other designated individuals, determined by the commander or head of a military medical treatment facility to be beneficial for the reintegration of the recovered person and whose presence may contribute to improving the physical and mental health of the recovered person.
|
||||
|
||||
(C) Transportation or reimbursement for transportation in connection with the attendance of the recovered person at events or functions determined by the commander or head of a military medical treatment facility to contribute to the physical and mental health of the recovered person.
|
||||
|
||||
(2) Medical support may be provided under paragraph (1)(A) to a recovered person who is not a member of the armed forces for not more than 20 days.
|
||||
|
||||
(c) Definitions.— In this section:
|
||||
|
||||
(1) The term “post-isolation support”, in the case of a recovered person, means—
|
||||
|
||||
(A) the debriefing of the recovered person following a separation as described in paragraph (2);
|
||||
|
||||
(B) activities to promote or support the physical and mental health of the recovered person following such a separation; and
|
||||
|
||||
(C) other activities to facilitate return of the recovered person to military or civilian life as expeditiously as possible following such a separation.
|
||||
|
||||
(2) The term “recovered person” means an individual who is returned alive from separation (whether as an individual or a group) while participating in or in association with a United States-sponsored military activity or mission in which the individual was detained in isolation or held in captivity by a hostile entity.
|
||||
|
||||
(3) The term “reintegration”, in the case of a recovered person, means—
|
||||
|
||||
(A) the debriefing of the recovered person following a separation as described in paragraph (2);
|
||||
|
||||
(B) activities to promote or support for the physical and mental health of the recovered person following such a separation; and
|
||||
|
||||
(C) other activities to facilitate return of the recovered person to military duty or employment with the Department of Defense as expeditiously as possible following such a separation.
|
||||
|
||||
(Added Pub. L. 112–81, div. A, title V, § 588(a), Dec. 31, 2011, 125 Stat. 1436.)
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1057"
|
||||
description: "Use of armed forces insignia on State license plates"
|
||||
jurisdiction: "us"
|
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|
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|
||||
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|
||||
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|
||||
section: "1057"
|
||||
citation: "10 U.S.C. § 1057"
|
||||
status: "current"
|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1057 - Use of armed forces insignia on State license plates
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Secretary concerned may approve an application by a State to use or imitate the seal or other insignia of the department (under the jurisdiction of such Secretary) or of armed forces (under the jurisdiction of such Secretary) on motor vehicle license plates issued by the State to an individual who is a member or former member of the armed forces.
|
||||
|
||||
(b) The Secretary concerned may prescribe any regulations necessary regarding the display of the seal or other insignia of the department (under the jurisdiction of such Secretary) or of armed forces (under the jurisdiction of such Secretary) on the license plates described in subsection (a).
|
||||
|
||||
(c) In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, and American Samoa.
|
||||
|
||||
(Added Pub. L. 102–484, div. A, title X, § 1080(a), Oct. 23, 1992, 106 Stat. 2514.)
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1058"
|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
section: "1058"
|
||||
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|
||||
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|
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1058 - Responsibilities of military law enforcement officials at scenes of domestic violence
|
||||
|
||||
## Text
|
||||
|
||||
(a) Immediate Actions Required.— Under regulations prescribed pursuant to subsection (c), the Secretary concerned shall ensure, in any case of domestic violence in which a military law enforcement official at the scene determines that physical injury has been inflicted or a deadly weapon or dangerous instrument has been used, that military law enforcement officials—
|
||||
|
||||
(1) take immediate measures to reduce the potential for further violence at the scene; and
|
||||
|
||||
(2) within 24 hours of the incident, provide a report of the domestic violence to the appropriate commander and to a local military family advocacy representative exercising responsibility over the area in which the incident took place.
|
||||
|
||||
(b) Family Advocacy Committee.— Under regulations prescribed pursuant to subsection (c), the Secretary concerned shall ensure that, whenever a report is provided to a commander under subsection (a)(2), a multidisciplinary family advocacy committee meets, with all due practicable speed, to review the situation and to make recommendations to the commander for appropriate action.
|
||||
|
||||
(c) Regulations.— The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe by regulation the definition of “domestic violence” for purposes of this section and such other regulations as may be necessary for purposes of this section.
|
||||
|
||||
(d) Military Law Enforcement Official.— In this section, the term “military law enforcement official” means a person authorized under regulations governing the armed forces to apprehend persons subject to the Uniform Code of Military Justice (chapter 47 of this title) or to trial thereunder.
|
||||
|
||||
(Added Pub. L. 103–160, div. A, title V, § 551(a)(1), Nov. 30, 1993, 107 Stat. 1661; amended Pub. L. 103–337, div. A, title X, § 1070(a)(4), (b)(3), Oct. 5, 1994, 108 Stat. 2855, 2856; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Other sections 1058 were renumbered sections 1059 and 1060 of this title.
|
||||
|
||||
Amendments2002—Subsec. (c). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1994—Pub. L. 103–337, § 1070(b)(3), made technical correction to directory language of Pub. L. 103–160, § 551(a)(1), which enacted this section. Subsec. (d). Pub. L. 103–337, § 1070(a)(4), substituted “subject to the Uniform Code of Military Justice (chapter 47 of this title)” for “subject to this chapter”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1994 AmendmentPub. L. 103–337, div. A, title X, § 1070(b), Oct. 5, 1994, 108 Stat. 2856, provided that the amendment made by that section is effective as of Nov. 30, 1993, and as if included in the National Defense Authorization Act for Fiscal Year 1994, Pub. L. 103–160, as enacted.
|
||||
|
||||
Deadline for Prescribing ProceduresPub. L. 103–160, div. A, title V, § 551(b), Nov. 30, 1993, 107 Stat. 1662, provided that: “The Secretary of Defense shall prescribe procedures to carry out section 1058 of title 10, United States Code, as added by subsection (a), not later than six months after the date of the enactment of this Act [Nov. 30, 1993].”
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1060 - Military service of retired members with newly democratic nations: consent of Congress
|
||||
|
||||
## Text
|
||||
|
||||
(a) Consent of Congress.— Subject to subsection (b), Congress consents to a retired member of the uniformed services—
|
||||
|
||||
(1) accepting employment by, or holding an office or position in, the military forces of a newly democratic nation; and
|
||||
|
||||
(2) accepting compensation associated with such employment, office, or position.
|
||||
|
||||
(b) Approval Required.— The consent provided in subsection (a) for a retired member of the uniformed services to accept employment or hold an office or position shall apply to a retired member only if the Secretary concerned and the Secretary of State jointly approve the employment or the holding of such office or position.
|
||||
|
||||
(c) Determination of Newly Democratic Nations.— The Secretary concerned and the Secretary of State shall jointly determine whether a nation is a newly democratic nation for the purposes of this section.
|
||||
|
||||
[(d) Repealed. Pub. L. 108–136, div. A, title X, § 1031(a)(9), Nov. 24, 2003, 117 Stat. 1597.]
|
||||
|
||||
(e) Continued Entitlement to Retired Pay and Benefits.— The eligibility of a retired member to receive retired or retainer pay and other benefits arising from the retired member’s status as a retired member of the uniformed services, and the eligibility of dependents of such retired member to receive benefits on the basis of such retired member’s status as a retired member of the uniformed services, may not be terminated by reason of employment or holding of an office or position consented to in subsection (a).
|
||||
|
||||
(f) Retired Member Defined.— In this section, the term “retired member” means a member or former member of the uniformed services who is entitled to receive retired or retainer pay.
|
||||
|
||||
(g) Civil Employment by Foreign Governments.— For a provision of law providing the consent of Congress to civil employment by foreign governments, see section 908 of title 37.
|
||||
|
||||
(Added Pub. L. 103–160, div. A, title XIV, § 1433(b)(1), Nov. 30, 1993, 107 Stat. 1834, § 1058; renumbered § 1060, Pub. L. 103–337, div. A, title X, § 1070(a)(6)(A), Oct. 5, 1994, 108 Stat. 2855; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(13), Feb. 10, 1996, 110 Stat. 503; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1031(a)(9), Nov. 24, 2003, 117 Stat. 1597.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2003—Subsec. (d). Pub. L. 108–136 struck out heading and text of subsec. (d). Text read as follows: “The Secretary concerned and the Secretary of State shall notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives of each approval under subsection (b) and each determination under subsection (c).” 1999—Subsec. (d). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”. 1996—Subsec. (d). Pub. L. 104–106 substituted “Committee on National Security and the Committee on International Relations” for “Committee on Armed Services and the Committee on Foreign Affairs”. 1994—Pub. L. 103–337 renumbered section 1058 of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 103–160, div. A, title XIV, § 1433(d), Nov. 30, 1993, 107 Stat. 1835, provided that this section was to take effect as of Jan. 1, 1993, prior to repeal by Pub. L. 103–236, title I, § 182(b), Apr. 30, 1994, 108 Stat. 418.
|
||||
|
||||
Restoration of Withheld BenefitsPub. L. 103–236, title I, § 182(a), Apr. 30, 1994, 108 Stat. 418, as amended by Pub. L. 103–337, div. A, title X, § 1070(d)(7), Oct. 5, 1994, 108 Stat. 2858; Pub. L. 103–415, § 1(j), Oct. 25, 1994, 108 Stat. 4301, provided that: “With respect to any person for which the Secretary of State and the Secretary concerned within the Department of Defense have approved the employment or the holding of a position pursuant to the provisions of section 1060 of title 10, United States Code, before April 30, 1994, the consents, approvals and determinations under that section shall be deemed to be effective as of January 1, 1993.”
|
||||
|
||||
Congressional FindingsPub. L. 103–160, div. A, title XIV, § 1433(a), Nov. 30, 1993, 107 Stat. 1833, provided that: “The Congress makes the following findings: “(1) It is in the national security interest of the United States to promote democracy throughout the world. “(2) The armed forces of newly democratic nations often lack the democratic traditions that are a hallmark of the Armed Forces of the United States. “(3) The understanding of military roles and missions in a democracy is essential for the development and preservation of democratic forms of government. “(4) The service of retired members of the Armed Forces of the United States in the armed forces of newly democratic nations could lead to a better understanding of military roles and missions in a democracy.”
|
||||
@@ -0,0 +1,97 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1060a"
|
||||
description: "Special supplemental food program"
|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1060a - Special supplemental food program
|
||||
|
||||
## Text
|
||||
|
||||
(a) Program Required.— The Secretary of Defense shall carry out a program to provide supplemental foods and nutrition education to members of the armed forces on duty at stations outside the United States (and its territories and possessions) and to eligible civilians serving with, employed by, or accompanying the armed forces outside the United States (and its territories and possessions).
|
||||
|
||||
(b) Funding Mechanism.— The Secretary of Defense shall use funds available for the Department of Defense to carry out the program under subsection (a).
|
||||
|
||||
(c) Program Administration.— (1) (A) The Secretary of Defense shall administer the program referred to in subsection (a) and, except as provided in subparagraph (B), shall determine eligibility for program benefits under the criterion published by the Secretary of Agriculture under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). In determining eligibility for benefits, a person already certified for participation in the special supplemental nutrition program for women, infants, and children under such section 17 shall be considered eligible for the duration of the certification period under that special supplemental nutrition program.
|
||||
|
||||
(B) In determining eligibility for families of individuals participating in the program under this section, the Secretary of Defense shall, to the extent practicable, use the criterion described in subparagraph (A), including nutritional risk standards. In the application of such criterion, the Secretary shall exclude from income any basic allowance for housing as permitted under section 17(d)(2)(B) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)).
|
||||
|
||||
(2) The program benefits provided under the program shall be similar to benefits provided by State and local agencies in the United States, particularly with respect to nutrition education.
|
||||
|
||||
(3) The Secretary of Agriculture shall provide technical assistance to the Secretary of Defense, if so requested by the Secretary of Defense, for the purpose of carrying out the program under subsection (a).
|
||||
|
||||
(d) Departure From Standards.— The Secretary of Defense may authorize departures from standards prescribed by the Secretary of Agriculture regarding the supplemental foods to be made available in the program when local conditions preclude strict compliance or when such compliance is highly impracticable.
|
||||
|
||||
(e) Rebate Agreements With Food Producers.— (1) In the administration of the program under this section, the Secretary of Defense may enter into a contract with a producer of a particular brand of food that provides for—
|
||||
|
||||
(A) the Secretary of Defense to procure that particular brand of food, exclusive of other brands of the same or similar food, for the purpose of providing the food in commissary stores or Navy Exchange Markets of the Department of Defense as a supplemental food under the program; and
|
||||
|
||||
(B) the producer to rebate to the Secretary amounts equal to agreed portions of the amounts paid by the Secretary for the procurement of that particular brand of food for the program.
|
||||
|
||||
(2) The Secretary of Defense shall use competitive procedures under chapter 137 11 See References in Text note below. of this title to enter into contracts under this subsection.
|
||||
|
||||
(3) The period covered by a contract entered into under this subsection, including any period of extension of the contract by modification of the contract, exercise of an option, or other cause, may not exceed three years. No such contract may be extended by a modification of the contract, by exercise of an option, or by any other means. Nothing in this paragraph prohibits a contractor under a contract entered into under this subsection for any year from submitting an offer for, and being awarded, a contract that is to be entered into under this subsection for a successive year.
|
||||
|
||||
(4) Amounts rebated under a contract entered into under paragraph (1) shall be credited to the appropriation available for carrying out the program under this section in the fiscal year in which rebated, shall be merged with the other sums in that appropriation, and shall be available for the program for the same period as the other sums in the appropriation.
|
||||
|
||||
(f) Regulations.— The Secretary of Defense shall prescribe regulations to administer the program authorized by this section.
|
||||
|
||||
(g) Definitions.— In this section:
|
||||
|
||||
(1) The term “eligible civilian” means—
|
||||
|
||||
(A) a dependent of a member of the armed forces residing with the member outside the United States;
|
||||
|
||||
(B) an employee of a military department who is a national of the United States and is residing outside the United States in connection with such individual’s employment or a dependent of such individual residing with the employee outside the United States; or
|
||||
|
||||
(C) an employee of a Department of Defense contractor who is a national of the United States and is residing outside the United States in connection with such individual’s employment or a dependent of such individual residing with the employee outside the United States.
|
||||
|
||||
(2) The term “national of the United States” means—
|
||||
|
||||
(A) a citizen of the United States; or
|
||||
|
||||
(B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States, as determined in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
|
||||
|
||||
(3) The term “dependent” has the meaning given such term in subparagraphs (A), (D), (E), and (I) of section 1072(2) of this title.
|
||||
|
||||
(4) The terms “nutrition education” and “supplemental foods” have the meanings given the terms in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
|
||||
|
||||
(Added Pub. L. 103–337, div. A, title VI, § 653(a), Oct. 5, 1994, 108 Stat. 2794; amended Pub. L. 104–106, div. A, title XV, § 1503(a)(9), Feb. 10, 1996, 110 Stat. 511; Pub. L. 105–85, div. A, title VI, § 655(b)(1), Nov. 18, 1997, 111 Stat. 1805; Pub. L. 106–65, div. A, title VI, § 674(a)–(d), Oct. 5, 1999, 113 Stat. 675; Pub. L. 106–398, § 1 [[div. A], title VI, § 662], Oct. 30, 2000, 114 Stat. 1654, 1654A–167; Pub. L. 107–107, div. A, title III, § 334, Dec. 28, 2001, 115 Stat. 1059; Pub. L. 107–314, div. A, title III, § 324, Dec. 2, 2002, 116 Stat. 2511.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextChapter 137 of this title, referred to in subsec. (e)(2), was repealed by Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293, effective Jan. 1, 2022, in conjunction with the transfer and reorganization of acquisition provisions in this title by Pub. L. 116–283, div. A, title XVIII, Jan. 1, 2022, 134 Stat. 4149. For definition of “chapter 137 legacy provisions”, see section 3016 of this title. The Immigration and Nationality Act, referred to in subsec. (g)(2)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, 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.
|
||||
|
||||
Amendments2002—Subsec. (e)(1)(A). Pub. L. 107–314, § 324(a), inserted “or Navy Exchange Markets” after “commissary stores”. Subsec. (e)(3). Pub. L. 107–314, § 324(b), in first sentence, substituted “subsection, including any period of extension of the contract by modification of the contract, exercise of an option, or other cause, may not exceed three years” for “subsection may not exceed one year”. 2001—Subsecs. (e) to (g). Pub. L. 107–107 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. 2000—Subsec. (c)(1)(B). Pub. L. 106–398 added second sentence and struck out former second sentence which read as follows: “The Secretary shall also consider the value of housing in kind provided to the individual when determining program eligibility.” 1999—Subsec. (a). Pub. L. 106–65, § 674(a), substituted “Program Required” for “Authority” in heading and “The Secretary of Defense shall carry out a program to provide supplemental foods and nutrition education” for “The Secretary of Defense may carry out a program to provide special supplemental food benefits” in text. Subsec. (b). Pub. L. 106–65, § 674(b), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “For the purpose of obtaining Federal payments and commodities in order to carry out the program referred to in subsection (a), the Secretary of Agriculture shall make available to the Secretary of Defense the same payments and commodities as are made for the special supplemental food program in the United States under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). The Secretary of Defense may use funds available for the Department of Defense to carry out the program under subsection (a).” Subsec. (c)(1)(A). Pub. L. 106–65, § 674(c)(1), inserted at end “In determining eligibility for benefits, a person already certified for participation in the special supplemental nutrition program for women, infants, and children under such section 17 shall be considered eligible for the duration of the certification period under that special supplemental nutrition program.” Subsec. (c)(1)(B). Pub. L. 106–65, § 674(c)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “The Secretary of Defense shall prescribe regulations governing computation of income eligibility standards for families of individuals participating in the program under this section.” Subsec. (c)(2). Pub. L. 106–65, § 674(c)(3), inserted “, particularly with respect to nutrition education” before period at end. Subsec. (c)(3). Pub. L. 106–65, § 674(c)(4), added par. (3). Subsec. (f)(4). Pub. L. 106–65, § 674(d), added par. (4). 1997—Subsec. (b). Pub. L. 105–85 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “For the purpose of obtaining Federal payments and commodities in order to carry out the program referred to in subsection (a), the Secretary of Agriculture shall make available to the Secretary of Defense from funds appropriated for such purpose, the same payments and commodities as are made for the special supplemental food program in the United States under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).” 1996—Subsec. (f)(2)(B). Pub. L. 104–106 substituted “, as determined in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)” for “(as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Pilot Program To Increase Access to Food on Military Installations of the ArmyPub. L. 118–159, div. A, title VI, § 654, Dec. 23, 2024, 138 Stat. 1939, as amended by Pub. L. 119–60, div. A, title VI, § 663, Dec. 18, 2025, 139 Stat. 915, provided that: “(a) In General.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of a military department shall implement a pilot program to increase access to food on military installations under the jurisdiction of the Secretary for members of the Armed Forces who reside on such military installations. “(b) Access.—Food made available under the program under this section shall be accessible with a common access card (or other means determined appropriate by the Secretary of the military department concerned) at dining facilities, commissaries, exchanges, restaurants, and other locations where such members can obtain food. “(c) Termination.—The pilot program under this section shall terminate five years after the date of the enactment of this Act. “(d) Reporting.—“(1) Progress reports.—At the end of each calendar quarter until the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a progress report regarding implementation of the pilot program. “(2) Final report.—Not later than 90 days after the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report regarding the pilot program. Such report shall include the following elements:“(A) Lessons learned from the pilot program. “(B) The recommendation of the Secretary whether to expand or make permanent the pilot program. “(C) If the Secretary recommends expansion, the military installations covered by such recommended expansion. “(D) Limitations to the operation or expansion of the pilot program. “(E) Any information the Secretary determines appropriate.”
|
||||
|
||||
Food Insecurity Among Military Families: Data Collection; Training; ReportPub. L. 117–263, div. A, title VI, § 645, Dec. 23, 2022, 136 Stat. 2637, provided that: “(a) Data Collection.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Under Secretary of Defense for Personnel and Readiness, in coordination with the Under Secretary for Food, Nutrition, and Consumer Services of the Department of Agriculture, shall—“(1) develop a survey, in collaboration with the Department of Agriculture, to determine how many members of the Armed Forces serving on active duty, and dependents of such members, are food insecure; “(2) issue the survey to such members and dependents; “(3) collect data related to the number of such members and dependents who—“(A) are eligible for the basic needs allowance under section 402b of title 37, United States Code; “(B) receive such basic needs allowance; and “(C) are surveyed on the use, by such members and dependents, of Federal nutrition assistance programs, including—“(i) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); “(ii) the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); and “(iii) the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); “(4) develop and carry out a plan to train and designate an individual who will assist members at military installations on how and where to refer such members and their dependents for participation in Federal nutrition assistance programs described in paragraph (3)(C); and “(5) coordinate efforts of the Department of Defense to address food insecurity and nutrition. “(b) Report.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], and annually thereafter for the four subsequent years, the Under Secretary of Defense for Personnel & Readiness shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committees on Agriculture and Education and Labor [now Committee on Education and the Workforce] of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report including the following:“(1) The number of members of the Armed Forces serving on active duty and their dependents who are food insecure. “(2) The number of such members and their dependents who use the Federal nutrition assistance programs described in subsection (a)(3). “(3) The number of such members and their dependents described in subsection (a)(3). “(4) The status of implementation of the plan under subsection (a)(5) [sic; probably should be “subsection (a)(4)”].”
|
||||
|
||||
Report on Implementation of Special Supplemental Food ProgramPub. L. 105–85, div. A, title VI, § 655(b)(2), Nov. 18, 1997, 111 Stat. 1805, directed the Secretary of Defense to submit to Congress a report including plans to implement the program authorized under this section not later than 90 days after Nov. 18, 1997.
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1060b - Military ID cards: dependents and survivors of retirees
|
||||
|
||||
## Text
|
||||
|
||||
(a) Issuance of Permanent ID Card.— (1) In issuing military ID cards to retiree dependents, the Secretary concerned shall issue a permanent ID card (not subject to renewal) to any such retiree dependent as follows:
|
||||
|
||||
(A) A retiree dependent who has attained 75 years of age.
|
||||
|
||||
(B) A retiree dependent who is permanently disabled.
|
||||
|
||||
(2) A permanent ID card shall be issued to a retiree dependent under paragraph (1)(A) upon the expiration, after the retiree dependent attains 75 years of age, of any earlier, renewable military card or, if earlier, upon the request of the retiree dependent after attaining age 75.
|
||||
|
||||
(b) Definitions.— In this section:
|
||||
|
||||
(1) The term “military ID card” means a card or other form of identification used for purposes of demonstrating eligibility for any benefit from the Department of Defense.
|
||||
|
||||
(2) The term “retiree dependent” means a person who is a dependent of a retired member of the uniformed services, or a survivor of a deceased retired member of the uniformed services, who is eligible for any benefit from the Department of Defense.
|
||||
|
||||
(Added Pub. L. 108–375, div. A, title V, § 583(a)(1), Oct. 28, 2004, 118 Stat. 1929; amended Pub. L. 109–364, div. A, title V, § 598(a), (b)(1), Oct. 17, 2006, 120 Stat. 2237.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Pub. L. 109–364, § 598(b)(1), struck out “; issuance of permanent ID card after attaining 75 years of age” after “retirees” in section catchline. Subsec. (a). Pub. L. 109–364, § 598(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “In issuing military ID cards to retiree dependents, the Secretary concerned shall issue a permanent ID card (not subject to renewal) to any such retiree dependent who has attained 75 years of age. Such a permanent ID card shall be issued upon the expiration, after the retiree dependent attains 75 years of age, of any earlier, renewable military ID card or, if earlier, upon the request of such a retiree dependent after attaining age 75.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 108–375, div. A, title V, § 583(b), Oct. 28, 2004, 118 Stat. 1929, provided that: “Section 1060b of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2004.”
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1060c - Provision of veterinary services
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— A veterinary professional described in subsection (b) may provide veterinary services in any State, the District of Columbia, or a territory or possession of the United States, without regard to where such veterinary professional or the patient animal are located, if the provision of such services is within the scope of the authorized duties of such veterinary professional for the Department of Defense.
|
||||
|
||||
(b) Veterinary Professional Described.— A veterinary professional described in this subsection is an individual who is—
|
||||
|
||||
(1) (A) a member of the armed forces, a civilian employee of the Department of Defense, or otherwise credentialed and privileged at a Federal veterinary institution or location designated by the Secretary of Defense for purposes of this section; or
|
||||
|
||||
(B) a member of the National Guard performing training or duty under section 502(f) of title 32;
|
||||
|
||||
(2) certified as a veterinary professional by a certification recognized by the Secretary of Defense; and
|
||||
|
||||
(3) currently licensed by a State, the District of Columbia, or a territory or possession of the United States to provide veterinary services.
|
||||
|
||||
(Added Pub. L. 116–92, div. A, title VII, § 735(a), Dec. 20, 2019, 133 Stat. 1462; amended Pub. L. 118–159, div. A, title VII, § 733, Dec. 23, 2024, 138 Stat. 1956.)
|
||||
|
||||
## Notes
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Editorial Notes
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Amendments2024—Pub. L. 118–159, § 733(1), struck out “in emergencies” after “veterinary services” in section catchline. Subsec. (a). Pub. L. 118–159, § 733(2), struck out “for the purposes described in subsection (c)” after “veterinary services”. Subsec. (c). Pub. L. 118–159, § 733(3), struck out subsec. (c) which described the purposes of veterinary services in response to certain emergencies.
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