US (United States) Code. Title 10. Subtitle A. Part II. Chapter 53: Miscellaneous rights and benefits

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

.

-HEAD-

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-MISC1-

Sec.

1031. Administration of oath.

1032. Disability and death compensation: dependents of members held

as captives.

1033. Participation in management of specified non-Federal

entities: authorized activities.

1034. Protected communications; prohibition of retaliatory

personnel actions.

1035. Deposits of savings.

1036. Escorts for dependents of members: transportation and travel

allowances.

1037. Counsel before foreign judicial tribunals and administrative

agencies; court costs and bail.

1038. Service credit: certain service in Women's Army Auxiliary

Corps.

1039. Crediting of minority service.

1040. Transportation of dependent patients.

1041. Replacement of certificate of discharge.

1042. Copy of certificate of service.

1043. Service credit: service in the National Oceanic and

Atmospheric Administration or the Public Health Service.

1044. Legal assistance.

1044a. Authority to act as notary.

1044b. Military powers of attorney: requirement for recognition by

States.

1044c. Advance medical directives of members and dependents:

requirement for recognition by States.

1044d. Military testamentary instruments: requirement for

recognition by States.

1045. Voluntary withholding of State income tax from retired or

retainer pay.

1046. Overseas temporary foster care program.

1047. Allowance for civilian clothing.

1048. Gratuity payment to persons discharged for fraudulent

enlistment.

1049. Subsistence: miscellaneous persons.

1050. Latin American cooperation: payment of personnel expenses.

1051. Bilateral or regional cooperation programs: payment of

personnel expenses.

1051a. Coalition liaison officers: administrative services and

support; travel, subsistence, and other personal expenses.

1052. Adoption expenses: reimbursement.

1053. Financial institution charges incurred because of Government

error in direct deposit of pay: reimbursement.

1053a. Expenses incurred in connection with leave canceled due to

contingency operations: reimbursement.

1054. Defense of certain suits arising out of legal malpractice.

1055. Waiver of security deposits for members renting private

housing; authority to indemnify landlord.

1056. Relocation assistance programs.

1057. Use of armed forces insignia on State license plates.

1058. Responsibilities of military law enforcement officials at

scenes of domestic violence.

1059. Dependents of members separated for dependent abuse:

transitional compensation; commissary and exchange benefits.

1060. Military service of retired members with newly democratic

nations: consent of Congress.

1060a. Special supplemental food program.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title XII, Sec. 1201(a)(2), Dec.

2, 2002, 116 Stat. 2663, added item 1051a.

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 551(b),

579(c)(3)), Oct. 30, 2000, 114 Stat. 1654, 1654A-125, 1654A-142,

added items 1044d, 1052, 1053, and 1053a, and struck out former

items 1052 ''Reimbursement for adoption expenses'' and 1053

''Reimbursement for financial institution charges incurred because

of Government error in direct deposit of pay''.

1997 - Pub. L. 105-85, div. A, title V, Sec. 593(a)(2), Nov. 18,

1997, 111 Stat. 1763, added item 1033.

1996 - Pub. L. 104-106, div. A, title VII, Sec. 749(a)(2), Feb.

10, 1996, 110 Stat. 389, added item 1044c.

Pub. L. 104-106, div. A, title XV, Sec. 1504(a)(2), Feb. 10,

1996, 110 Stat. 513, made technical correction to Pub. L. 103-337,

Sec. 531(g)(2). See 1994 Amendment note below.

1994 - Pub. L. 103-337, div. A, title V, Sec. 531(g)(2), Oct. 5,

1994, 108 Stat. 2758, as amended by Pub. L. 104-106, div. A, title

XV, Sec. 1504(a)(2), Feb. 10, 1996, 110 Stat. 513, substituted

''Protected communications;'' for ''Communicating with a Member of

Congress or Inspector General;'' in item 1034.

Pub. L. 103-337, div. A, title V, Sec. 535(c)(2), title VI, Sec.

653(b), title X, Sec. 1070(a)(5)(B), (6)(B), title XVI, Sec.

1671(b)(9), Oct. 5, 1994, 108 Stat. 2763, 2795, 2855, 3013, struck

out item 1033 ''Compensation: Reserve on active duty accepting from

any person'', redesignated item 1058 ''Dependents of members

separated for dependent abuse: transitional compensation'' as item

1059 and amended it generally, redesignated item 1058 ''Military

service of retired members with newly democratic nations: consent

of Congress'' as item 1060, and added item 1060a.

Pub. L. 103-337, div. A, title X, Sec. 1070(b)(4), Oct. 5, 1994,

108 Stat. 2856, made technical correction to Pub. L. 103-160, Sec.

554(a)(2). See 1993 Amendment note below.

1993 - Pub. L. 103-160, div. A, title V, Sec. 551(a)(2), 574(b),

title XIV, Sec. 1433(b)(2), Nov. 30, 1993, 107 Stat. 1662, 1675,

1834, added item 1044b and items 1058 ''Responsibilities of

military law enforcement officials at scenes of domestic violence''

and 1058 ''Military service of retired members with newly

democratic nations: consent of Congress''.

Pub. L. 103-160, div. A, title V, Sec. 554(a)(2), Nov. 30, 1993,

107 Stat. 1666, as amended by Pub. L. 103-337, div. A, title X,

Sec. 1070(b)(4), Oct. 5, 1994, 108 Stat. 2856, added item 1058

''Dependents of members separated for dependent abuse: transitional

compensation''.

1992 - Pub. L. 102-484, div. A, title VI, Sec. 651(b), title X,

Sec. 1080(b), Oct. 23, 1992, 106 Stat. 2426, 2514, added items 1046

and 1057.

1991 - Pub. L. 102-190, div. A, title VI, Sec. 651(a)(2), Dec.

5, 1991, 105 Stat. 1386, added item 1052.

Pub. L. 102-25, title VII, Sec. 701(e)(8)(B), Apr. 6, 1991, 105

Stat. 115, struck out ''mandatory'' after ''error in'' in item

1053.

1990 - Pub. L. 101-510, div. A, title V, Sec. 502(b)(2),

551(a)(2), title XIV, Sec. 1481(c)(2), Nov. 5, 1990, 104 Stat.

1557, 1566, 1705, added items 1044a and 1056 and struck out item

1046 ''Preseparation counseling requirement''.

1989 - Pub. L. 101-189, div. A, title VI, Sec. 664(a)(3)(B),

Nov. 29, 1989, 103 Stat. 1466, substituted ''Reimbursement for

financial institution charges incurred because of Government'' for

''Relief for expenses because of'' in item 1053.

1988 - Pub. L. 100-456, div. A, title VI, Sec. 621(a)(2), title

VIII, Sec. 846(a)(2), Sept. 29, 1988, 102 Stat. 1983, 2030,

substituted ''Communicating with a Member of Congress or Inspector

General; prohibition of retaliatory personnel actions'' for

''Communicating with a Member of Congress'' in item 1034 and added

item 1055.

Pub. L. 100-370, Sec. 1(c)(2)(B), July 19, 1988, 102 Stat. 841,

struck out item 1052 ''Period for use of commissary stores;

eligibility attributable to active duty for training''.

1987 - Pub. L. 100-26, Sec. 7(e)(1)(B), Apr. 21, 1987, 101 Stat.

281, added item 1032 and struck out second item 1051 ''Disability

and death compensation: dependents of members held as captives''.

1986 - Pub. L. 99-661, div. A, title VI, Sec. 656(a)(2),

662(a)(2), title XIII, Sec. 1322(b), 1356(a)(2), Nov. 14, 1986, 100

Stat. 3891, 3894, 3989, 3998, added item 1051 ''Bilateral or

regional cooperation programs: payment of personnel expenses'' and

items 1052 to 1054.

Pub. L. 99-399, title VIII, Sec. 806(b)(2), Aug. 27, 1986, 100

Stat. 886, added item 1051 ''Disability and death compensation:

dependents of members held as captives''.

1985 - Pub. L. 99-145, title XIII, Sec. 1303(a)(6), Nov. 8, 1985,

99 Stat. 739, substituted ''Atmospheric'' for ''Atomospheric'' in

item 1043.

1984 - Pub. L. 98-525, title VI, Sec. 651(b), 654(b), title VII,

Sec. 708(a)(2), title XIV, Sec. 1401(d)(2), 1405(19)(B)(ii), Oct.

19, 1984, 98 Stat. 2549, 2552, 2572, 2616, 2623, added items 1044

to 1050 and substituted ''Member'' for ''member'' in item 1034.

1983 - Pub. L. 98-94, title X, Sec. 1007(b)(2), Sept. 24, 1983,

97 Stat. 662, added item 1043.

1982 - Pub. L. 97-258, Sec. 2(b)(2)(A), Sept. 13, 1982, 96 Stat.

1052, added item 1042.

1980 - Pub. L. 96-513, title V, Sec. 511(33)(B), Dec. 12, 1980,

94 Stat. 2922, redesignated item 1040 as added by Pub. L. 90-285 as

item 1041.

1977 - Pub. L. 95-105, title V, Sec. 509(d)(2), Aug. 17, 1977, 91

Stat. 860, struck out item 1032 ''Dual capacity: Reserve accepting

employment with foreign government or concern''.

1968 - Pub. L. 90-235, Sec. 7(a)(2)(B), Jan. 2, 1968, 81 Stat.

763, added item 1040: ''Replacement of certificate of discharge''.

Another item 1040: ''Transportation of dependent patients'', was

added by Pub. L. 89-140, Sec. 1(2), Aug. 28, 1965, 79 Stat. 579.

1966 - Pub. L. 89-538, Sec. 1(2), Aug. 14, 1966, 80 Stat. 347,

substituted ''Deposits of savings'' for ''Enlisted members'

deposits'' in item 1035.

1965 - Pub. L. 89-140, Sec. 1(2), Aug. 28, 1965, 79 Stat. 579,

added item 1040 ''Transportation of dependent patients''.

Pub. L. 89-132, Sec. 9(b), Aug. 21, 1965, 79 Stat. 548, added

item 1040 ''Free postage from combat zone'' which was repealed by

Pub. L. 89-315, Sec. 3(b), Nov. 1, 1965, 79 Stat. 1165.

1961 - Pub. L. 87-165, Sec. 1(2), Aug. 25, 1961, 75 Stat. 401,

added item 1039.

1959 - Pub. L. 86-160, Sec. 1(2), Aug. 14, 1959, 73 Stat. 358,

added item 1036.

Pub. L. 86-142, Sec. 1(2), Aug. 7, 1959, 73 Stat. 289, added item

1038.

1958 - Pub. L. 85-861, Sec. 1(24)(B), Sept. 2, 1958, 72 Stat.

1445, added item 1037.

-CITE-

10 USC Sec. 1031 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1031. Administration of oath

-STATUTE-

Any commissioned officer of any component of an armed force,

whether or not on active duty, may administer any oath -

(1) required for the enlistment or appointment of any person in

the armed forces; or

(2) required by law in connection with such an enlistment or

appointment.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 80.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1031 10:19. 34:217a-2. May 22, 1950, ch.

193, Sec. 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''.

-CITE-

10 USC Sec. 1032 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1032. Disability and death compensation: dependents of members

held as captives

-STATUTE-

(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 -

(1) was caused by hostile action; and

(2) was a result of the relationship of the dependent to the

member of the uniformed services.

(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.

(c) A determination by the President under subsection (a) is

conclusive and is not subject to judicial review.

(d) In this section:

(1) The term ''dependent'' has the meaning given that term in

section 551 of title 37.

(2) The term ''Secretary concerned'' has the meaning given that

term in section 101 of that title.

-SOURCE-

(Added Pub. L. 99-399, title VIII, Sec. 806(b)(1), Aug. 27, 1986,

100 Stat. 885, Sec. 1051; amended Pub. L. 99-661, div. A, title

XIII, Sec. 1343(a)(25), Nov. 14, 1986, 100 Stat. 3994; renumbered

Sec. 1032 and amended Pub. L. 100-26, Sec. 3(8), 7(e)(1)(A), Apr.

21, 1987, 101 Stat. 274, 281; Pub. L. 101-189, div. A, title XVI,

Sec. 1622(e)(2), Nov. 29, 1989, 103 Stat. 1605.)

-MISC1-

PRIOR PROVISIONS

A 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,

Sec. 509(d)(1), Aug. 17, 1977, 91 Stat. 860.

AMENDMENTS

1989 - Subsec. (d)(1). Pub. L. 101-189, Sec. 1622(e)(2)(A),

substituted ''The term 'dependent' has'' for '' 'Dependent' has''.

Subsec. (d)(2). Pub. L. 101-189, Sec. 1622(e)(2)(B), inserted

''The term'' after ''(2)''.

1987 - Pub. L. 100-26, Sec. 7(e)(1)(A), renumbered the second

section 1051 of this title as this section.

Subsec. (d)(1), (2). Pub. L. 100-26, Sec. 3(8), amended directory

language of Pub. L. 99-661. See 1986 Amendment note below.

1986 - Subsec. (d). Pub. L. 99-661, Sec. 1343(a)(25), as amended

by Pub. L. 100-26, Sec. 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).

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment 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.

EFFECTIVE DATE

Section 806(b)(3) of Pub. L. 99-399 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.''

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 section 1013.

-CITE-

10 USC Sec. 1033 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1033. Participation in management of specified non-Federal

entities: authorized activities

-STATUTE-

(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.

(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.

(2) In this section, the term ''military welfare society'' means

the following:

(A) Army Emergency Relief.

(B) Air Force Aid Society, Inc.

(C) Navy-Marine Corps Relief Society.

(D) Coast Guard Mutual Assistance.

(3) An entity described in this paragraph is an entity that is

not operated for profit and is any of the following:

(A) An entity that regulates and supports the athletic programs

of the service academies (including athletic conferences).

(B) An entity that regulates international athletic

competitions.

(C) An entity that accredits service academies and other

schools of the armed forces (including regional accrediting

agencies).

(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).

(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.

(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.

(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.

-SOURCE-

(Added Pub. L. 105-85, div. A, title V, Sec. 593(a)(1), Nov. 18,

1997, 111 Stat. 1762; amended Pub. L. 106-65, div. A, title V,

Sec. 583, Oct. 5, 1999, 113 Stat. 634; Pub. L. 107-296, title XVII,

Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

PRIOR PROVISIONS

A 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, Sec. 1662(g)(2), 1691, Oct. 5, 1994, 108 Stat. 2996, 3026,

eff. Dec. 1, 1994.

AMENDMENTS

2002 - 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).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1589 of this title.

-CITE-

10 USC Sec. 1034 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1034. Protected communications; prohibition of retaliatory

personnel actions

-STATUTE-

(a) Restricting Communications With Members of Congress and

Inspector General Prohibited. - (1) No person may restrict a member

of the armed forces in communicating with a Member of Congress or

an Inspector General.

(2) Paragraph (1) does not apply to a communication that is

unlawful.

(b) Prohibition of Retaliatory Personnel Actions. - (1) No person

may take (or threaten to take) an unfavorable personnel action, or

withhold (or threaten to withhold) a favorable personnel action, as

a reprisal against a member of the armed forces for making or

preparing -

(A) a communication to a Member of Congress or an Inspector

General that (under subsection (a)) may not be restricted; or

(B) a communication that is described in subsection (c)(2) and

that is made (or prepared to be made) to -

(i) a Member of Congress;

(ii) an Inspector General (as defined in subsection (i)) or

any other Inspector General appointed under the Inspector

General Act of 1978;

(iii) a member of a Department of Defense audit, inspection,

investigation, or law enforcement organization; or

(iv) any other person or organization (including any person

or organization in the chain of command) designated pursuant to

regulations or other established administrative procedures for

such communications.

(2) Any action prohibited by paragraph (1) (including the threat

to take any action and the withholding or threat to withhold any

favorable action) shall be considered for the purposes of this

section to be a personnel action prohibited by this subsection.

(c) Inspector General Investigation of Allegations of Prohibited

Personnel Actions. - (1) If a member of the armed forces submits to

an Inspector General an allegation that a personnel action

prohibited by subsection (b) has been taken (or threatened) against

the member with respect to a communication described in paragraph

(2), the Inspector General shall take the action required under

paragraph (3).

(2) A communication described in this paragraph is a

communication in which a member of the armed forces complains of,

or discloses information that the member reasonably believes

constitutes evidence of, any of the following:

(A) A violation of law or regulation, including a law or

regulation prohibiting sexual harassment or unlawful

discrimination.

(B) Gross mismanagement, a gross waste of funds, an abuse of

authority, or a substantial and specific danger to public health

or safety.

(3)(A) An Inspector General receiving an allegation as described

in paragraph (1) shall expeditiously determine, in accordance with

regulations prescribed under subsection (h), whether there is

sufficient evidence to warrant an investigation of the allegation.

(B) If the Inspector General receiving such an allegation is an

Inspector General within a military department, that Inspector

General shall promptly notify the Inspector General of the

Department of Defense of the allegation. Such notification shall

be made in accordance with regulations prescribed under subsection

(h).

(C) If an allegation under paragraph (1) is submitted to an

Inspector General within a military department and if the

determination of that Inspector General under subparagraph (A) is

that there is not sufficient evidence to warrant an investigation

of the allegation, that Inspector General shall forward the matter

to the Inspector General of the Department of Defense for review.

(D) Upon determining that an investigation of an allegation under

paragraph (1) is warranted, the Inspector General making the

determination shall expeditiously investigate the allegation. In

the case of a determination made by the Inspector General of the

Department of Defense, that Inspector General may delegate

responsibility for the investigation to an appropriate Inspector

General within a military department.

(E) In the case of an investigation under subparagraph (D) within

the Department of Defense, the results of the investigation shall

be determined by, or approved by, the Inspector General of the

Department of Defense (regardless of whether the investigation

itself is conducted by the Inspector General of the Department of

Defense or by an Inspector General within a military department).

(4) Neither an initial determination under paragraph (3)(A) nor

an investigation under paragraph (3)(D) is required in the case of

an allegation made more than 60 days after the date on which the

member becomes aware of the personnel action that is the subject of

the allegation.

(5) The Inspector General of the Department of Defense, or the

Inspector General of the Department of Homeland Security (in the

case of a member of the Coast Guard when the Coast Guard is not

operating as a service in the Navy), shall ensure that the

Inspector General conducting the investigation of an allegation

under this subsection is outside the immediate chain of command of

both the member submitting the allegation and the individual or

individuals alleged to have taken the retaliatory action.

(d) Inspector General Investigation of Underlying Allegations. -

Upon receiving an allegation under subsection (c), the Inspector

General receiving the allegation shall conduct a separate

investigation of the information that the member making the

allegation believes constitutes evidence of wrongdoing (as

described in subparagraph (A) or (B) of subsection (c)(2)) if there

previously has not been such an investigation or if the Inspector

General determines that the original investigation was biased or

otherwise inadequate. In the case of an allegation received by the

Inspector General of the Department of Defense, the Inspector

General may delegate that responsibility to the Inspector General

of the armed force concerned.

(e) Reports on Investigations. - (1) After completion of an

investigation under subsection (c) or (d) or, in the case of an

investigation under subsection (c) by an Inspector General within a

military department, after approval of the report of that

investigation under subsection (c)(3)(E), the Inspector General

conducting the investigation shall submit a report on the results

of the investigation to the Secretary of Defense (or to the

Secretary of Homeland Security in the case of a member of the Coast

Guard when the Coast Guard is not operating as a service in the

Navy) and shall transmit a copy of the report on the results of the

investigation to the member of the armed forces who made the

allegation investigated. The report shall be transmitted to the

Secretary, and the copy of the report shall be transmitted to the

member, not later than 30 days after the completion of the

investigation or, in the case of an investigation under subsection

(c) by an Inspector General within a military department, after

approval of the report of that investigation under subsection

(c)(3)(E).

(2) In the copy of the report transmitted to the member, the

Inspector General shall ensure the maximum disclosure of

information possible, with the exception of information that is not

required to be disclosed under section 552 of title 5. However, the

copy need not include summaries of interviews conducted, nor any

document acquired, during the course of the investigation. Such

items shall be transmitted to the member, if the member requests

the items, with the copy of the report or after the transmittal to

the member of the copy of the report, regardless of whether the

request for those items is made before or after the copy of the

report is transmitted to the member.

(3) If, in the course of an investigation of an allegation under

this section, the Inspector General determines that it is not

possible to submit the report required by paragraph (1) within 180

days after the date of receipt of the allegation being

investigated, the Inspector General shall provide to the Secretary

of Defense (or to the Secretary of Homeland Security in the case of

a member of the Coast Guard when the Coast Guard is not operating

as a service in the Navy) and to the member making the allegation a

notice -

(A) of that determination (including the reasons why the report

may not be submitted within that time); and

(B) of the time when the report will be submitted.

(4) The report on the results of the investigation shall contain

a thorough review of the facts and circumstances relevant to the

allegation and the complaint or disclosure and shall include

documents acquired during the course of the investigation,

including summaries of interviews conducted. The report may

include a recommendation as to the disposition of the complaint.

(f) Correction of Records When Prohibited Action Taken. - (1) A

board for the correction of military records acting under section

1552 of this title, in resolving an application for the correction

of records made by a member or former member of the armed forces

who has alleged a personnel action prohibited by subsection (b), on

the request of the member or former member or otherwise, may review

the matter.

(2) In resolving an application described in paragraph (1), a

correction board -

(A) shall review the report of the Inspector General submitted

under subsection (e)(1);

(B) may request the Inspector General to gather further

evidence; and

(C) may receive oral argument, examine and cross-examine

witnesses, take depositions, and, if appropriate, conduct an

evidentiary hearing.

(3) If the board elects to hold an administrative hearing, the

member or former member who filed the application described in

paragraph (1) -

(A) may be provided with representation by a judge advocate if

-

(i) the Inspector General, in the report under subsection

(e)(1), finds that there is probable cause to believe that a

personnel action prohibited by subsection (b) has been taken

(or threatened) against the member with respect to a

communication described in subsection (c)(2);

(ii) the Judge Advocate General concerned determines that the

case is unusually complex or otherwise requires judge advocate

assistance to ensure proper presentation of the legal issues in

the case; and

(iii) the member is not represented by outside counsel chosen

by the member; and

(B) may examine witnesses through deposition, serve

interrogatories, and request the production of evidence,

including evidence contained in the investigatory record of the

Inspector General but not included in the report submitted under

subsection (e)(1).

(4) The Secretary concerned shall issue a final decision with

respect to an application described in paragraph (1) within 180

days after the application is filed. If the Secretary fails to

issue such a final decision within that time, the member or former

member shall be deemed to have exhausted the member's or former

member's administrative remedies under section 1552 of this title.

(5) The Secretary concerned shall order such action, consistent

with the limitations contained in sections 1552 and 1553 of this

title, as is necessary to correct the record of a personnel action

prohibited by subsection (b).

(6) If the Board determines that a personnel action prohibited by

subsection (b) has occurred, the Board may recommend to the

Secretary concerned that the Secretary take appropriate

disciplinary action against the individual who committed such

personnel action.

(g) Review by Secretary of Defense. - Upon the completion of all

administrative review under subsection (f), the member or former

member of the armed forces (except for a member or former member of

the Coast Guard when the Coast Guard is not operating as a service

in the Navy) who made the allegation referred to in subsection

(c)(1), if not satisfied with the disposition of the matter, may

submit the matter to the Secretary of Defense. The Secretary shall

make a decision to reverse or uphold the decision of the Secretary

of the military department concerned in the matter within 90 days

after receipt of such a submittal.

(h) 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 regulations to

carry out this section.

(i) Definitions. - In this section:

(1) The term ''Member of Congress'' includes any Delegate or

Resident Commissioner to Congress.

(2) The term ''Inspector General'' means any of the following:

(A) The Inspector General of the Department of Defense.

(B) The Inspector General of the Department of Homeland

Security, in the case of a member of the Coast Guard when the

Coast Guard is not operating as a service in the Navy.

(C) Any officer of the armed forces or employee of the

Department of Defense who is assigned or detailed to serve as

an Inspector General at any level in the Department of Defense.

(3) The term ''unlawful discrimination'' means discrimination

on the basis of race, color, religion, sex, or national origin.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 80; Pub. L. 98-525, title XIV,

Sec. 1405(19)(A), (B)(i), Oct. 19, 1984, 98 Stat. 2622; Pub. L.

100-456, div. A, title VIII, Sec. 846(a)(1), Sept. 29, 1988, 102

Stat. 2027; Pub. L. 101-225, title II, Sec. 202, Dec. 12, 1989, 103

Stat. 1910; Pub. L. 103-337, div. A, title V, Sec. 531(a)-(g)(1),

Oct. 5, 1994, 108 Stat. 2756-2758; Pub. L. 105-261, div. A, title

IX, Sec. 933, Oct. 17, 1998, 112 Stat. 2107; Pub. L. 106-398, Sec.

1 ((div. A), title IX, Sec. 903), Oct. 30, 2000, 114 Stat. 1654,

1654A-224; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25,

2002, 116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1034 50 App.:454(a) (last June 24, 1948, ch.

par.) 625, Sec. 4(a)

(last par.);

restated June 19,

1951, ch. 144, Sec.

1(d) (last par.),

65 Stat. 78.

-------------------------------

The words ''prevented'', ''directly or indirectly'', ''concerning

any subject'', ''or Members'', and ''and safety'' are omitted as

surplusage. The word ''unlawful'' is substituted for the words

''in violation of law''.

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec.

(b)(1)(B)(ii), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

2002 - Subsecs. (c)(5), (e)(1), (3), (h), (i)(2)(B). Pub. L.

107-296 substituted ''of Homeland Security'' for ''of

Transportation''.

2000 - Subsec. (c)(3)(A). Pub. L. 106-398, Sec. 1 ((div. A),

title IX, Sec. 903(a)), inserted '', in accordance with regulations

prescribed under subsection (h),'' after ''shall expeditiously

determine''.

Subsec. (i)(2). Pub. L. 106-398, Sec. 1 ((div. A), title IX, Sec.

903(b)(1)), inserted ''any of'' after ''means'' in introductory

provisions.

Subsec. (i)(2)(C) to (G). Pub. L. 106-398, Sec. 1 ((div. A),

title IX, Sec. 903(b)(2), (3)), added subpar. (C) and struck out

former subpars. (C) to (G) which read as follows:

''(C) The Inspector General of the Army, in the case of a member

of the Army.

''(D) The Naval Inspector General, in the case of a member of the

Navy.

''(E) The Inspector General of the Air Force, in the case of a

member of the Air Force.

''(F) The Deputy Naval Inspector General for Marine Corps

Matters, in the case of a member of the Marine Corps.

''(G) An officer of the armed forces assigned or detailed under

regulations of the Secretary concerned to serve as an Inspector

General at any command level in one of the armed forces.''

1998 - Subsec. (b)(1)(B)(ii). Pub. L. 105-261, Sec. 933(f)(2),

substituted ''subsection (i)) or any other Inspector General

appointed under the Inspector General Act of 1978'' for

''subsection (j))''.

Subsec. (c)(1). Pub. L. 105-261, Sec. 933(a)(1)(A), added par.

(1) and struck out former par. (1) which read as follows: ''If a

member of the armed forces submits to the Inspector General of the

Department of Defense (or the Inspector General of the Department

of Transportation, in the case of a member of the Coast Guard when

the Coast Guard is not operating as a service in the Navy) an

allegation that a personnel action prohibited by subsection (b) has

been taken (or threatened) against the member with respect to a

communication described in paragraph (2), the Inspector General

shall expeditiously investigate the allegation. If, in the case of

an allegation submitted to the Inspector General of the Department

of Defense, the Inspector General delegates the conduct of the

investigation of the allegation to the inspector general of one of

the armed forces, the Inspector General of the Department of

Defense shall ensure that the inspector general conducting the

investigation is outside the immediate chain of command of both the

member submitting the allegation and the individual or individuals

alleged to have taken the retaliatory action.''

Subsec. (c)(2)(B). Pub. L. 105-261, Sec. 933(b), substituted

''Gross mismanagement'' for ''Mismanagement''.

Subsec. (c)(3) to (5). Pub. L. 105-261, Sec. 933(a)(1)(B), added

pars. (3) to (5) and struck out former par. (3) which read as

follows: ''The Inspector General is not required to make an

investigation under paragraph (1) in the case of an allegation made

more than 60 days after the date on which the member becomes aware

of the personnel action that is the subject of the allegation.''

Subsec. (d). Pub. L. 105-261, Sec. 933(a)(2), inserted

''receiving the allegation'' after '', the Inspector General'' and

''In the case of an allegation received by the Inspector General of

the Department of Defense, the Inspector General may delegate that

responsibility to the Inspector General of the armed force

concerned.'' at end.

Subsec. (e)(1). Pub. L. 105-261, Sec. 933(c)(1), substituted

''After completion of an investigation under subsection (c) or (d)

or, in the case of an investigation under subsection (c) by an

Inspector General within a military department, after approval of

the report of that investigation under subsection (c)(3)(E), the

Inspector General conducting the investigation shall submit a

report on'' for ''Not later than 30 days after completion of an

investigation under subsection (c) or (d), the Inspector General

shall submit a report on'' and inserted ''shall transmit a copy of

the report on the results of the investigation to'' before ''the

member of the armed forces'' and ''The report shall be transmitted

to the Secretary, and the copy of the report shall be transmitted

to the member, not later than 30 days after the completion of the

investigation or, in the case of an investigation under subsection

(c) by an Inspector General within a military department, after

approval of the report of that investigation under subsection

(c)(3)(E).'' at end.

Subsec. (e)(2). Pub. L. 105-261, Sec. 933(c)(2), substituted

''transmitted'' for ''submitted'' and inserted at end ''However,

the copy need not include summaries of interviews conducted, nor

any document acquired, during the course of the investigation.

Such items shall be transmitted to the member, if the member

requests the items, with the copy of the report or after the

transmittal to the member of the copy of the report, regardless of

whether the request for those items is made before or after the

copy of the report is transmitted to the member.''

Subsec. (e)(3). Pub. L. 105-261, Sec. 933(c)(3), substituted

''180 days'' for ''90 days''.

Subsec. (h). Pub. L. 105-261, Sec. 933(f)(1), redesignated

subsec. (i) as (h).

Pub. L. 105-261, Sec. 933(d), struck out heading and text of

subsec. (h). Text read as follows: ''After disposition of any case

under this section, the Inspector General shall, whenever possible,

conduct an interview with the person making the allegation to

determine the views of that person on the disposition of the

matter.''

Subsec. (i). Pub. L. 105-261, Sec. 933(f)(1), redesignated

subsec. (j) as (i). Former subsec. (i) redesignated (h).

Subsec. (j). Pub. L. 105-261, Sec. 933(f)(1), redesignated

subsec. (j) as (i).

Subsec. (j)(2). Pub. L. 105-261, Sec. 933(e), substituted ''means

the following:'' for ''means - '' in introductory provisions, added

subpars. (A) to (F), redesignated former subpar. (B) as (G) and

substituted ''An officer'' for ''an officer'' in that subpar., and

struck out former subpar. (A) which read as follows: ''an Inspector

General appointed under the Inspector General Act of 1978; and''.

1994 - Pub. L. 103-337, Sec. 531(g)(1), substituted ''Protected

communications'' for ''Communicating with a Member of Congress or

Inspector General'' in section catchline.

Subsec. (b). Pub. L. 103-337, Sec. 531(a), inserted ''(1)''

before ''No person may take'', substituted ''or preparing - '' for

''or preparing a communication to a Member of Congress or an

Inspector General that (under subsection (a)) may not be

restricted.'', added subpars. (A) and (B), inserted ''(2)'' before

''Any action prohibited'', and substituted ''paragraph (1)'' for

''the preceding sentence''.

Subsec. (c). Pub. L. 103-337, Sec. 531(b)(3), substituted

''Allegations of Prohibited Personnel Actions'' for ''Certain

Allegations'' in heading.

Subsec. (c)(1). Pub. L. 103-337, Sec. 531(b)(1), inserted at end

''If, in the case of an allegation submitted to the Inspector

General of the Department of Defense, the Inspector General

delegates the conduct of the investigation of the allegation to the

inspector general of one of the armed forces, the Inspector General

of the Department of Defense shall ensure that the inspector

general conducting the investigation is outside the immediate chain

of command of both the member submitting the allegation and the

individual or individuals alleged to have taken the retaliatory

action.''

Subsec. (c)(2). Pub. L. 103-337, Sec. 531(b)(2), added par. (2)

and struck out former par. (2) which read as follows: ''A

communication described in this paragraph is a communication to a

Member of Congress or an Inspector General that (under subsection

(a)) may not be restricted in which the member of the armed forces

makes a complaint or discloses information that the member

reasonably believes constitutes evidence of -

''(A) a violation of a law or regulation; or

''(B) mismanagement, a gross waste of funds, an abuse of

authority, or a substantial and specific danger to public health

or safety.''

Subsec. (c)(4). Pub. L. 103-337, Sec. 531(c)(2), struck out par.

(4) which read as follows: ''If the Inspector General has not

already done so, the Inspector General shall commence a separate

investigation of the information that the member believes evidences

wrongdoing as described in subparagraph (A) or (B) of paragraph

(2). The Inspector General is not required to make such an

investigation if the information that the member believes evidences

wrongdoing relates to actions which took place during combat.''

Subsec. (c)(5). Pub. L. 103-337, Sec. 531(d)(1), redesignated

subsec. (c)(5) as subsec. (e)(1).

Subsec. (c)(6), (7). Pub. L. 103-337, Sec. 531(d)(4),

redesignated subsec. (c)(6) and (7) as subsec. (e)(3) and (4),

respectively.

Subsec. (d). Pub. L. 103-337, Sec. 531(c)(2), added subsec. (d).

Former subsec. (d) redesignated (f).

Subsec. (e). Pub. L. 103-337, Sec. 531(d)(1), redesignated

subsec. (c)(5) as subsec. (e) and inserted subsec. heading and par.

(1) designation before ''Not later than 30 days''. Former subsec.

(e) redesignated (g).

Subsec. (e)(1). Pub. L. 103-337, Sec. 531(d)(2), substituted

''subsection (c) or (d)'' for ''this subsection'' and ''the member

of the armed forces who made the allegation investigated'' for

''the member of the armed forces concerned'' and struck out at end

''In the copy of the report submitted to the member, the Inspector

General may exclude any information that would not otherwise be

available to the member under section 552 of title 5.''

Subsec. (e)(2). Pub. L. 103-337, Sec. 531(d)(3), added par. (2).

Subsec. (e)(3). Pub. L. 103-337, Sec. 531(d)(4), (5),

redesignated subsec. (c)(6) as subsec. (e)(3) and substituted

''paragraph (1)'' for ''paragraph (5)''.

Subsec. (e)(4). Pub. L. 103-337, Sec. 531(d)(4), redesignated

subsec. (c)(7) as subsec. (e)(4).

Subsec. (f). Pub. L. 103-337, Sec. 531(c)(1), (f)(1),

redesignated subsec. (d) as (f) and substituted ''subsection

(e)(1)'' for ''subsection (c)(5)'' in pars. (2)(A), (3)(A)(i) and

(B). Former subsec. (f) redesignated (h).

Subsec. (g). Pub. L. 103-337, Sec. 531(c)(1), (f)(2),

redesignated subsec. (e) as (g) and substituted ''subsection (f)''

for ''subsection (d)''. Former subsec. (g) redesignated (i).

Subsecs. (h), (i). Pub. L. 103-337, Sec. 531(c)(1), redesignated

subsecs. (f) and (g) as (h) and (i), respectively. Former subsec.

(h) redesignated (j).

Subsec. (j). Pub. L. 103-337, Sec. 531(c)(1), (e), redesignated

subsec. (h) as (j) and added par. (3).

1989 - Subsec. (c)(1). Pub. L. 101-225, Sec. 202(1), inserted

''when the Coast Guard is not operating as a service in the Navy''

after ''Coast Guard''.

Subsec. (c)(5). Pub. L. 101-225, Sec. 202(2), inserted ''(or to

the Secretary of Transportation in the case of a member of the

Coast Guard when the Coast Guard is not operating as a service in

the Navy)'' after ''Secretary of Defense''.

Subsec. (c)(6). Pub. L. 101-225, Sec. 202(3), inserted ''(or to

the Secretary of Transportation in the case of a member of the

Coast Guard when the Coast Guard is not operating as a service in

the Navy)'' after ''Secretary of Defense''.

Subsec. (e). Pub. L. 101-225, Sec. 202(4), inserted ''(except for

a member or former member of the Coast Guard when the Coast Guard

is not operating as a service in the Navy)'' after ''armed

forces''.

1988 - Pub. L. 100-456 substituted ''Communicating with a Member

of Congress or Inspector General; prohibition of retaliatory

personnel actions'' for ''Communicating with a Member of Congress''

in section catchline, and amended text generally. Prior to

amendment, text read as follows: ''No person may restrict any

member of an armed force in communicating with a Member of

Congress, unless the communication is unlawful or violates a

regulation necessary to the security of the United States.''

1984 - Pub. L. 98-525 substituted ''Member'' for ''member'' in

section catchline and text.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment 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 1988 AMENDMENT

Section 846(d) of Pub. L. 100-456 provided that: ''The amendment

to section 1034 of title 10, United States Code, made by subsection

(a)(1), shall apply with respect to any personnel action taken (or

threatened to be taken) on or after the date of the enactment of

this Act (Sept. 29, 1988) as a reprisal prohibited by subsection

(b) of that section.''

REGULATIONS

Section 531(h), (i) of Pub. L. 103-337 provided that:

''(h) Deadline for Regulations. - The Secretary of Defense and

the Secretary of Transportation shall prescribe regulations to

implement the amendments made by this section (amending this

section) not later than 120 days after the date of the enactment of

this Act (Oct. 5, 1994).

''(i) Content of Regulations. - In prescribing regulations under

section 1034 of title 10, United States Code, as amended by this

section, the Secretary of Defense and the Secretary of

Transportation shall provide for appropriate procedural protections

for the subject of any investigation carried out under the

provisions of that section, including a process for appeal and

review of investigative findings.''

Section 846(b) of Pub. L. 100-456 provided that: ''The Secretary

of Defense and the Secretary of Transportation shall prescribe the

regulations required by subsection (g) (now (h)) of section 1034 of

title 10, United States Code, as amended by subsection (a), not

later than 180 days after the date of the enactment of this Act

(Sept. 29, 1988).''

WHISTLEBLOWER PROTECTIONS FOR MEMBERS OF ARMED FORCES

Pub. L. 102-190, div. A, title VIII, Sec. 843, Dec. 5, 1991, 105

Stat. 1449, provided that:

''(a) Regulations Required. - The Secretary of Defense shall

prescribe regulations prohibiting members of the Armed Forces from

taking or threatening to take any unfavorable personnel action, or

withholding or threatening to withhold a favorable personnel

action, as a reprisal against any member of the Armed Forces for

making or preparing a lawful communication to any employee of the

Department of Defense or any member of the Armed Forces who is

assigned to or belongs to an organization which has as its primary

responsibility audit, inspection, investigation, or enforcement of

any law or regulation.

''(b) Violations by Persons Subject to the UCMJ. - The Secretary

shall provide in the regulations that a violation of the

prohibition by a person subject to chapter 47 of title 10, United

States Code (the Uniform Code of Military Justice), is punishable

as a violation of section 892 of such title (article 92 of the

Uniform Code of Military Justice).

''(c) Deadline. - The regulations required by this section shall

be prescribed not later than 180 days after the date of the

enactment of this Act (Dec. 5, 1991).''

REPORT ON ACTIVITIES OF INSPECTOR GENERAL

Section 846(c) of Pub. L. 100-456 directed Inspector General of

Department of Defense (and Inspector General of Department of

Transportation with respect to Coast Guard) to submit, not later

than Feb. 1, 1990, a report to Congress on activities of Inspector

General under this section, with that report to include, in the

case of each case handled by Inspector General under this section,

a description of (A) nature of allegation described in subsec. (c)

of this section; (B) evaluation and recommendation of Inspector

General with respect to allegation; (C) any action of appropriate

board for correction of military records with respect to

allegation; (D) if allegation was determined to be meritorious, any

corrective action taken; and (E) views of member or former member

of armed forces making allegation (determined on basis of interview

under subsec. (f) of this section) on disposition of case.

-CITE-

10 USC Sec. 1035 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1035. Deposits of savings

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 80; Pub. L. 89-538, Sec. 1(1),

Aug. 14, 1966, 80 Stat. 347; Pub. L. 90-122, Sec. 1, Nov. 3, 1967,

81 Stat. 361; Pub. L. 91-200, Feb. 26, 1970, 84 Stat. 16; Pub. L.

98-525, title XIV, Sec. 1405(20), Oct. 19, 1984, 98 Stat. 2623;

Pub. L. 99-661, div. A, title XIII, Sec. 1343(a)(3), Nov. 14,

1986, 100 Stat. 3992; Pub. L. 102-25, title III, Sec. 310, Apr. 6,

1991, 105 Stat. 84; Pub. L. 102-190, div. A, title VI, Sec. 639,

Dec. 5, 1991, 105 Stat. 1384.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1035(a) 10:908(a) (less July 15, 1954, ch.

words after last 513, Sec. 1-3, 68

semicolon). 34:937 Stat. 485.

(less words after

last semicolon).

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.

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-190, Sec. 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, Sec. 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, Sec. 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, Sec. 639(b), added subsec. (f) and

redesignated former subsec. (f) as (g).

Pub. L. 102-25, Sec. 310(b), added subsec. (f).

Subsec. (g). Pub. L. 102-190, Sec. 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. 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.

EFFECTIVE DATE OF 1967 AMENDMENT

Section 2 of Pub. L. 90-122 provided that: ''This Act (amending

this section) becomes effective as of September 1, 1966.''

SAVINGS PROGRAM FOR OVERSEAS PERSONNEL

Pub. L. 101-510, div. A, title XI, Sec. 1114, Nov. 5, 1990, 104

Stat. 1636, as amended by Pub. L. 102-25, title III, Sec. 314(1),

(3), Apr. 6, 1991, 105 Stat. 86, provided that:

''(a) Eligibility To Participate. - The Secretary of Defense may

authorize a member of the Armed Forces who is serving outside the

United States or its possessions under arduous conditions (as

determined by the Secretary of Defense) pursuant to an assignment

or duty detail as part of the Persian Gulf conflict to make

deposits of unallotted current pay and allowances, and to earn

interest, under section 1035 of title 10, United States Code.

''(b) Regulations. - The Secretary of Defense shall prescribe

regulations establishing standards and procedures for the

administration of this section.''

ADJUSTMENT OF DEPOSIT ACCOUNTS OF CERTAIN ENLISTED MEN

Pub. 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, 1966

Section 2 of Pub. L. 89-538 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 REGULATIONS

Section 3(c) of Pub. L. 89-538 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 SERVICE

Authority 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 ADMINISTRATION

Authority 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.

-EXEC-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 3071; title 42

section 213a.

-CITE-

10 USC Sec. 1036 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1036. Escorts for dependents of members: transportation and

travel allowances

-STATUTE-

Under regulations to be prescribed by the Secretary concerned,

round trip transportation and travel allowances may be paid to any

person for travel performed or to be performed under competent

orders as an escort for dependents of a member of the armed forces,

if the travel is performed not later than one year after the member

-

(1) dies;

(2) is missing; or

(3) is otherwise unable to accompany his dependents;

and it has been determined that travel by the dependents is

necessary and that they are incapable of traveling alone because of

age, mental or physical incapacity, or other extraordinary

circumstances. Such allowances may be paid in advance.

-SOURCE-

(Added Pub. L. 86-160, Sec. 1(1), Aug. 14, 1959, 73 Stat. 358;

amended Pub. L. 98-94, title IX, Sec. 913(a), Sept. 24, 1983, 97

Stat. 640.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-94 inserted sentence allowing the payment of

allowances in advance.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 913(c) of Pub. L. 98-94 provided that: ''The amendments

made by subsections (a) and (b) (amending this section and section

1040 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).''

BACK PAYMENTS: VALIDATION; APPLICATION; LIMITATIONS; ACCOUNTABILITY

OF DISBURSING OFFICERS; REGULATIONS

Sections 4-7 of Pub. L. 86-160 provided that:

''Sec. 4. Travel and transportation allowances paid before the

effective date of this Act (Aug. 14, 1959) to persons ordered by

competent authority to escort dependents of members of the

uniformed services are hereby validated, if they would have been

authorized under section 1 of this Act (enacting this section).

''Sec. 5. Any person who was ordered by competent authority after

January 1, 1950, and before the effective date of this Act (Aug.

14, 1959) to escort dependents of members of the uniformed services

and who has not been paid travel and transportation allowances, or

who has repaid the United States the amount so paid to him, is

entitled to be paid the amount otherwise authorized by section 1 of

this Act (enacting this section), if application for such payment

is made not later than one year after the effective date of this

Act (Aug. 14, 1959).

''Sec. 6. The Comptroller General of the United States, or his

designee, shall relieve disbursing officers, including special

disbursing agents, from accountability or responsibility for any

payments described in section 4 of this Act, and shall allow

credits in the settlement of the accounts of those disbursing

officers or agents for payments which are found to be free from

fraud or collusion.

''Sec. 7. No regulations under section 1 of this Act (enacting

this section) relating to the military departments shall be

prescribed by the Secretary of a military department unless such

regulations are first approved under procedures prescribed by the

Secretary of Defense. Regulations of the Secretaries of the

Treasury, Commerce, and Health, Education, and Welfare (now Health

and Human Services) under section 1, 2, or 3 of this Act (enacting

this section and amending section 857a of Title 33, Navigation and

Navigable Waters, and section 213a of Title 42, The Public Health

and Welfare) shall, to the extent practicable, agree with

regulations so approved.''

PUBLIC HEALTH SERVICE

Authority vested by this section in ''the Secretary concerned''

to be exercised, with respect to commissioned officers of Public

Health Service, by Secretary of Health and Human Services or his

designee, see section 213a of Title 42, The Public Health and

Welfare.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Authority vested by this section in ''the Secretary concerned''

to be exercised, with respect to commissioned officer corps of

National Oceanic and Atmospheric Administration, by Secretary of

Commerce or Secretary's designee, see section 3071 of Title 33,

Navigation and Navigable Waters.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 3071; title 42

section 213a.

-CITE-

10 USC Sec. 1037 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1037. Counsel before foreign judicial tribunals and

administrative agencies; court costs and bail

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(24)(A), Sept. 2, 1958, 72 Stat. 1445;

amended Pub. L. 96-513, title I, Sec. 511(31), Dec. 12, 1980, 94

Stat. 2922; Pub. L. 99-145, title VI, Sec. 681(a), Nov. 8, 1985, 99

Stat. 665; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25,

2002, 116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1037(a) 50:751. 50:752. July 24, 1956, ch.

689 (less Sec. 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.

-REFTEXT-

REFERENCES IN TEXT

The Uniform Code of Military Justice, referred to in subsec. (a),

is classified to chapter 47 (Sec. 801 et seq.) of this title.

-MISC2-

AMENDMENTS

2002 - 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''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment 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 AMENDMENT

Section 681(b) of Pub. L. 99-145 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 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 3106; title 22

section 7427.

-CITE-

10 USC Sec. 1038 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1038. Service credit: certain service in Women's Army

Auxiliary Corps

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 86-142, Sec. 1(1), Aug. 7, 1959, 73 Stat. 289.)

-MISC1-

ELECTION OF PENSION OR COMPENSATION

Section 2 of Pub. L. 86-142 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 ALLOWANCES

Section 3 of Pub. L. 86-142 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).''

-CITE-

10 USC Sec. 1039 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1039. Crediting of minority service

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 87-165, Sec. 1(1), Aug. 25, 1961, 75 Stat. 401.)

-MISC1-

EFFECTIVE DATE

Section 2 of Pub. L. 87-165 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).''

-CITE-

10 USC Sec. 1040 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1040. Transportation of dependent patients

-STATUTE-

(a) 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, 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. 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.

(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.

(d) 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.

-SOURCE-

(Added Pub. L. 89-140, Sec. 1(1), Aug. 28, 1965, 79 Stat. 579;

amended Pub. L. 96-513, title V, Sec. 511(32), Dec. 12, 1980, 94

Stat. 2922; Pub. L. 98-94, title IX, Sec. 913(b), Sept. 24, 1983,

97 Stat. 640; Pub. L. 98-525, title VI, Sec. 611, title XIV, Sec.

1405(21), Oct. 19, 1984, 98 Stat. 2538, 2623; Pub. L. 99-348, title

III, Sec. 304(a)(2), July 1, 1986, 100 Stat. 703; Pub. L. 99-661,

div. A, title VI, Sec. 616(a), Nov. 14, 1986, 100 Stat. 3880.)

-COD-

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, Sec. 9(a), Aug. 21, 1965, 79 Stat.

548, prior to repeal by Pub. L. 89-315, Sec. 3(a), Nov. 1, 1965, 79

Stat. 1164. See section 3401 et seq. of Title 39, Postal Service.

-MISC3-

AMENDMENTS

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, Sec. 1405(21), substituted

''30'' for ''thirty''.

Pub. L. 98-525, Sec. 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.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 616(b) of Pub. L. 99-661 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 AMENDMENT

Section 611 of Pub. L. 98-525 provided that the amendment made by

that section is effective Oct. 1, 1984.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-94 applicable to travel performed by

escorts or attendants of dependents on or after Sept. 24, 1983, see

section 913(c) of Pub. L. 98-94, set out as a note under section

1036 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 1041 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1041. Replacement of certificate of discharge

-STATUTE-

If satisfactory proof is presented that a person who has

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.

-SOURCE-

(Added Pub. L. 90-235, Sec. 7(a)(2)(A), Jan. 2, 1968, 81 Stat. 762,

Sec. 1040; renumbered Sec. 1041, Pub. L. 96-513, title V, Sec.

511(33)(A), Dec. 12, 1980, 94 Stat. 2922.)

-CITE-

10 USC Sec. 1042 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1042. Copy of certificate of service

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 97-258, Sec. 2(b)(2)(B), Sept. 13, 1982, 96 Stat.

1052.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1042 31:483b. 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.

-CITE-

10 USC Sec. 1043 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1043. Service credit: service in the National Oceanic and

Atmospheric Administration or the Public Health Service

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 98-94, title X, Sec. 1007(b)(1), Sept. 24, 1983, 97

Stat. 662.)

-CITE-

10 USC Sec. 1044 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1044. Legal assistance

-STATUTE-

(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 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 of Defense), for a

period of time, prescribed by the Secretary of Defense, 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).

(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 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) The Secretary concerned shall define ''dependent'' for the

purposes of this section.

-SOURCE-

(Added Pub. L. 98-525, title VI, Sec. 651(a), Oct. 19, 1984, 98

Stat. 2549; amended Pub. L. 104-201, div. A, title V, Sec. 583,

Sept. 23, 1996, 110 Stat. 2538; Pub. L. 106-398, Sec. 1 ((div. A),

title V, Sec. 524(a), (b)), Oct. 30, 2000, 114 Stat. 1654,

1654A-108.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(4). Pub. L. 106-398, Sec. 1 ((div. A), title

V, Sec. 524(a)(2)), added par. (4). Former par. (4) redesignated

(5).

Subsec. (a)(5). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

524(b)), substituted ''(3), and (4)'' for ''and (3)''.

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 524(a)(1)),

redesignated par. (4) as (5).

1996 - Subsec. (a). Pub. L. 104-201, Sec. 583(d)(1), substituted

''to the following persons:'' for ''to - '' in introductory

provisions.

Subsec. (a)(1). Pub. L. 104-201, Sec. 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, Sec. 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, Sec. 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, Sec. 583(b), substituted

''uniformed services described in subsection (a)'' for ''armed

forces'' and inserted ''such'' after ''dependent of''.

REGULATIONS

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 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).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1044a, 1044c, 1044d,

1052, 1588 of this title; title 14 section 514.

-CITE-

10 USC Sec. 1044a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1044a. Authority to act as notary

-STATUTE-

(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 armed forces.

(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 armed forces, including reserve

members when not in a duty status, who are designated by

regulations of the armed forces 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.

(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.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 551(a)(1), Nov. 5,

1990, 104 Stat. 1566; amended Pub. L. 104-201, div. A, title V,

Sec. 573, Sept. 23, 1996, 110 Stat. 2534; Pub. L. 107-107, div. A,

title XI, Sec. 1103, Dec. 28, 2001, 115 Stat. 1236.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(2). Pub. L. 107-107, Sec. 1103(a), substituted

''legal assistance attorneys'' for ''legal assistance officers''.

Subsec. (b)(5). Pub. L. 107-107, Sec. 1103(b), added par. (5).

1996 - Subsec. (b)(1). Pub. L. 104-201, Sec. 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, Sec. 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, Sec. 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''.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1044b, 1052 of this

title; title 14 section 514.

-CITE-

10 USC Sec. 1044b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1044b. Military powers of attorney: requirement for

recognition by States

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-160, div. A, title V, Sec. 574(a), Nov. 30,

1993, 107 Stat. 1674.)

-CITE-

10 USC Sec. 1044c 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1044c. Advance medical directives of members and dependents:

requirement for recognition by States

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-106, div. A, title VII, Sec. 749(a)(1), Feb.

10, 1996, 110 Stat. 388.)

-MISC1-

EFFECTIVE DATE OF 1996 AMENDMENT

Section 749(b) of Pub. L. 104-106 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.''

-CITE-

10 USC Sec. 1044d 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1044d. Military testamentary instruments: requirement for

recognition by States

-STATUTE-

(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 instrument is executed in the presence of a military

legal assistance counsel acting as presiding attorney;

(3) the instrument is executed in the presence of at least two

disinterested witnesses (in addition to the presiding attorney),

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.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 551(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-123; amended Pub. L. 107-296,

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment 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.

-CITE-

10 USC Sec. 1045 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1045. Voluntary withholding of State income tax from retired

or retainer pay

-STATUTE-

(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

quarter shall be retained by the Secretary concerned and disbursed

to the States during the month following that calendar quarter.

(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.

-SOURCE-

(Added Pub. L. 98-525, title VI, Sec. 654(a), Oct. 19, 1984, 98

Stat. 2551; amended Pub. L. 100-26, Sec. 7(k)(2), Apr. 21, 1987,

101 Stat. 284.)

-MISC1-

AMENDMENTS

1987 - Subsec. (e)(1), (2). Pub. L. 100-26 inserted ''The term''

after each par. designation.

-CITE-

10 USC Sec. 1046 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1046. Overseas temporary foster care program

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 102-484, div. A, title VI, Sec. 651(a), Oct. 23,

1992, 106 Stat. 2425.)

-MISC1-

PRIOR PROVISIONS

A prior section 1046, added Pub. L. 98-525, title VII, Sec.

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,

Sec. 502(b)(1), Nov. 5, 1990, 104 Stat. 1557.

-CITE-

10 USC Sec. 1047 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1047. Allowance for civilian clothing

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 98-525, title XIV, Sec. 1401(d)(1), Oct. 19, 1984,

98 Stat. 2615.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following appropriation acts:

Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(h) (title VIII,

Sec. 8024), 98 Stat. 1904, 1928.

Dec. 8, 1983, Pub. L. 98-212, title VII, Sec. 727, 97 Stat. 1443.

Dec. 21, 1982, Pub. L. 97-377, title I, Sec. 101(c) (title VII,

Sec. 730), 96 Stat. 1833, 1855.

Dec. 29, 1981, Pub. L. 97-114, title VII, Sec. 730, 95 Stat.

1584.

Dec. 15, 1980, Pub. L. 96-527, title VII, Sec. 731, 94 Stat.

3086.

Dec. 21, 1979, Pub. L. 96-154, title VII, Sec. 731, 93 Stat.

1157.

Oct. 13, 1978, Pub. L. 95-457, title VIII, Sec. 831, 92 Stat.

1249.

Sept. 21, 1977, Pub. L. 95-111, title VIII, Sec. 830, 91 Stat.

905.

Sept. 22, 1976, Pub. L. 94-419, title VII, Sec. 730, 90 Stat.

1296.

Feb. 9, 1976, Pub. L. 94-212, title VII, Sec. 730, 90 Stat. 173.

Oct. 8, 1974, Pub. L. 93-437, title VIII, Sec. 831, 88 Stat.

1230.

Jan. 2, 1974, Pub. L. 93-238, title VII, Sec. 732, 87 Stat. 1044.

Oct. 26, 1972, Pub. L. 92-570, title VII, Sec. 732, 86 Stat.

1201.

Dec. 18, 1971, Pub. L. 92-204, title VII, Sec. 733, 85 Stat. 733.

Jan. 11, 1971, Pub. L. 91-668, title VIII, Sec. 833, 84 Stat.

2036.

Dec. 29, 1969, Pub. L. 91-171, title VI, Sec. 633, 83 Stat. 485.

Oct. 17, 1968, Pub. L. 90-580, title V, Sec. 532, 82 Stat. 1135.

Sept. 29, 1967, Pub. L. 90-96, title VI, Sec. 632, 81 Stat. 247.

Oct. 15, 1966, Pub. L. 89-687, title VI, Sec. 633, 80 Stat. 996.

Sept. 29, 1965, Pub. L. 89-213, title VI, Sec. 633, 79 Stat. 879.

Aug. 19, 1964, Pub. L. 88-446, title V, Sec. 533, 78 Stat. 480.

Oct. 17, 1963, Pub. L. 88-149, title V, Sec. 533, 77 Stat. 269.

Aug. 9, 1962, Pub. L. 87-577, title V, Sec. 534, 76 Stat. 333.

Aug. 17, 1961, Pub. L. 87-144, title VI, Sec. 634, 75 Stat. 381.

July 7, 1960, Pub. L. 86-601, title II, Sec. 201, 74 Stat.

340-342.

Aug. 18, 1959, Pub. L. 86-166, title II, Sec. 201, 73 Stat.

368-370.

Aug. 22, 1958, Pub. L. 85-724, title III, Sec. 301, title IV,

Sec. 401, title V, Sec. 501, 72 Stat. 714, 717, 721.

Aug. 2, 1957, Pub. L. 85-117, title III, Sec. 301, title IV, Sec.

401, title V, Sec. 501, 71 Stat. 314, 316, 321.

July 2, 1956, ch. 488, title III, Sec. 301, title IV, Sec. 401,

title V, Sec. 501, 70 Stat. 457, 459, 464.

July 13, 1955, ch. 358, title III, Sec. 301, title IV, Sec. 401,

title V, Sec. 501, 69 Stat. 304, 306, 312.

June 30, 1954, ch. 432, title IV, Sec. 401, title V, Sec. 501,

title VI, Sec. 601, 68 Stat. 339, 342, 347.

Aug. 1, 1953, ch. 305, title III, Sec. 301, title IV, Sec. 401,

title V, Sec. 501, 67 Stat. 339, 342, 348.

July 10, 1952, ch. 630, title III, Sec. 301, title IV, Sec. 401,

title V, Sec. 501, 66 Stat. 520, 524, 529.

Oct. 18, 1951, ch. 512, title III, Sec. 301, title IV, Sec. 401,

title V, Sec. 501, 65 Stat. 429, 437, 443.

Sept. 6, 1950, ch. 896, Ch. X, title III, Sec. 301, title IV,

Sec. 401, title V, Sec. 501, 64 Stat. 735, 743, 749.

Oct. 29, 1949, ch. 787, title III, Sec. 301, title IV, Sec. 401,

title V, Sec. 501, 63 Stat. 993, 1006, 1014.

June 24, 1948, ch. 632, 62 Stat. 655.

July 30, 1947, ch. 357, title I, Sec. 1, 61 Stat. 557.

July 16, 1946, ch. 583, Sec. 1, 60 Stat. 548.

July 3, 1945, ch. 265, Sec. 1, 59 Stat. 391.

June 28, 1944, ch. 303, Sec. 1, 58 Stat. 580.

July 1, 1943, ch. 185, Sec. 1, 57 Stat. 354.

July 2, 1942, ch. 477, Sec. 1, 56 Stat. 617.

June 30, 1941, ch. 262, Sec. 1, 55 Stat. 373.

June 13, 1940, ch. 343, Sec. 1, 54 Stat. 359.

Apr. 26, 1939, ch. 88, Sec. 1, 53 Stat. 600.

June 11, 1938, ch. 37, Sec. 1, 52 Stat. 650.

July 1, 1937, ch. 423, Sec. 1, 50 Stat. 450.

May 15, 1936, ch. 404, Sec. 1, title I, 49 Stat. 1286.

Apr. 9, 1935, ch. 54, Sec. 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.

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1404 of Pub. L.

98-525, set out as a note under section 520b of this title.

-CITE-

10 USC Sec. 1048 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1048. Gratuity payment to persons discharged for fraudulent

enlistment

-STATUTE-

The Secretary concerned may pay a gratuity of not to exceed $25

to a person discharged for fraudulent enlistment.

-SOURCE-

(Added Pub. L. 98-525, title XIV, Sec. 1401(d)(1), Oct. 19, 1984,

98 Stat. 2616.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following appropriation acts:

Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(h) (title VIII,

Sec. 8006), 98 Stat. 1904, 1923.

Dec. 8, 1983, Pub. L. 98-212, title VII, Sec. 709, 97 Stat. 1439.

Dec. 21, 1982, Pub. L. 97-377, title I, Sec. 101(c) (title VII,

Sec. 709), 96 Stat. 1833, 1851.

Dec. 29, 1981, Pub. L. 97-114, title VII, Sec. 709, 95 Stat.

1579.

Dec. 15, 1980, Pub. L. 96-527, title VII, Sec. 709, 94 Stat.

3081.

Dec. 21, 1979, Pub. L. 96-154, title VII, Sec. 709, 93 Stat.

1153.

Oct. 13, 1978, Pub. L. 95-457, title VIII, Sec. 809, 92 Stat.

1244.

Sept. 21, 1977, Pub. L. 95-111, title VIII, Sec. 808, 91 Stat.

900.

Sept. 22, 1976, Pub. L. 94-419, title VII, Sec. 708, 90 Stat.

1292.

Feb. 9, 1976, Pub. L. 94-212, title VII, Sec. 708, 90 Stat. 169.

Oct. 8, 1974, Pub. L. 93-437, title VIII, Sec. 808, 88 Stat.

1225.

Jan. 2, 1974, Pub. L. 93-238, title VII, Sec. 708, 87 Stat. 1039.

Oct. 26, 1972, Pub. L. 92-570, title VII, Sec. 708, 86 Stat.

1197.

Dec. 18, 1971, Pub. L. 92-204, title VII, Sec. 708, 85 Stat. 728.

Jan. 11, 1971, Pub. L. 91-668, title VIII, Sec. 808, 84 Stat.

2031.

Dec. 29, 1969, Pub. L. 91-171, title VI, Sec. 608, 83 Stat. 480.

Oct. 17, 1968, Pub. L. 90-580, title V, Sec. 507, 82 Stat. 1130.

Sept. 29, 1967, Pub. L. 90-96, title VI, Sec. 607, 81 Stat. 242.

Oct. 15, 1966, Pub. L. 89-687, title VI, Sec. 607, 80 Stat. 991.

Sept. 29, 1965, Pub. L. 89-213, title VI, Sec. 607, 79 Stat. 874.

Aug. 19, 1964, Pub. L. 88-446, title V, Sec. 507, 78 Stat. 475.

Oct. 17, 1963, Pub. L. 88-149, title V, Sec. 507, 77 Stat. 264.

Aug. 9, 1962, Pub. L. 87-577, title V, Sec. 507, 76 Stat. 328.

Aug. 17, 1961, Pub. L. 87-144, title VI, Sec. 607, 75 Stat. 376.

July 7, 1960, Pub. L. 86-601, title V, Sec. 507, 74 Stat. 350.

Aug. 18, 1959, Pub. L. 86-166, title V, Sec. 607, 73 Stat. 379.

Aug. 22, 1958, Pub. L. 85-724, title III, Sec. 301, title V, Sec.

501, 72 Stat. 713, 722.

Aug. 2, 1957, Pub. L. 85-117, title III, Sec. 301, title V, Sec.

501, 71 Stat. 313, 321.

July 2, 1956, ch. 488, title III, Sec. 301, title V, Sec. 501, 70

Stat. 456, 465.

July 13, 1955, ch. 358, title III, Sec. 301, title V, Sec. 501,

69 Stat. 303, 313.

June 30, 1954, ch. 432, title IV, Sec. 401, title VI, Sec. 601,

68 Stat. 339, 348.

Aug. 1, 1953, ch. 305, title III, Sec. 301, title V, Sec. 501, 67

Stat. 338, 348.

July 10, 1952, ch. 630, title III, Sec. 301, title V, Sec. 501,

66 Stat. 519, 530.

Oct. 18, 1951, ch. 512, title III, Sec. 301, title V, Sec. 501,

65 Stat. 426, 443.

Sept. 6, 1950, ch. 896, Ch. X, title III, Sec. 301, title V, Sec.

501, 64 Stat. 732, 750.

Oct. 29, 1949, ch. 787, title III, Sec. 301, title V, Sec. 501,

63 Stat. 991, 1015.

June 24, 1948, ch. 632, 62 Stat. 653.

July 30, 1947, ch. 357, title I, Sec. 1, 61 Stat. 555.

July 16, 1946, ch. 583, Sec. 1, 60 Stat. 546.

July 3, 1945, ch. 265, Sec. 1, 59 Stat. 389.

June 28, 1944, ch. 303, Sec. 1, 58 Stat. 578.

July 1, 1943, ch. 185, Sec. 1, 57 Stat. 352.

July 2, 1942, ch. 477, Sec. 1, 56 Stat. 615.

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1404 of Pub. L.

98-525, set out as a note under section 520b of this title.

-CITE-

10 USC Sec. 1049 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1049. Subsistence: miscellaneous persons

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 98-525, title XIV, Sec. 1401(d)(1), Oct. 19, 1984,

98 Stat. 2616.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following appropriation acts:

Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(h) (title VIII,

Sec. 8006), 98 Stat. 1904, 1923.

Dec. 8, 1983, Pub. L. 98-212, title VII, Sec. 709, 97 Stat. 1439.

Dec. 21, 1982, Pub. L. 97-377, title I, Sec. 101(c) (title VII,

Sec. 709), 96 Stat. 1833, 1851.

Dec. 29, 1981, Pub. L. 97-114, title VII, Sec. 709, 95 Stat.

1579.

Dec. 15, 1980, Pub. L. 96-527, title VII, Sec. 709, 94 Stat.

3081.

Dec. 21, 1979, Pub. L. 96-154, title VII, Sec. 709, 93 Stat.

1153.

Oct. 13, 1978, Pub. L. 95-457, title VIII, Sec. 809, 92 Stat.

1244.

Sept. 21, 1977, Pub. L. 95-111, title VIII, Sec. 808, 91 Stat.

900.

Sept. 22, 1976, Pub. L. 94-419, title VII, Sec. 708, 90 Stat.

1292.

Feb. 9, 1976, Pub. L. 94-212, title VII, Sec. 708, 90 Stat. 169.

Oct. 8, 1974, Pub. L. 93-437, title VIII, Sec. 808, 88 Stat.

1225.

Jan. 2, 1974, Pub. L. 93-238, title VII, Sec. 708, 87 Stat. 1039.

Oct. 26, 1972, Pub. L. 92-570, title VII, Sec. 708, 86 Stat.

1197.

Dec. 18, 1971, Pub. L. 92-204, title VII, Sec. 708, 85 Stat. 728.

Jan. 11, 1971, Pub. L. 91-668, title VIII, Sec. 808, 84 Stat.

2031.

Dec. 29, 1969, Pub. L. 91-171, title VI, Sec. 608, 83 Stat. 480.

Oct. 17, 1968, Pub. L. 90-580, title V, Sec. 507, 82 Stat. 1130.

Sept. 29, 1967, Pub. L. 90-96, title VI, Sec. 607, 81 Stat. 242.

Oct. 15, 1966, Pub. L. 89-687, title VI, Sec. 607, 80 Stat. 991.

Sept. 29, 1965, Pub. L. 89-213, title VI, Sec. 607, 79 Stat. 874.

Aug. 19, 1964, Pub. L. 88-446, title V, Sec. 507, 78 Stat. 475.

Oct. 17, 1963, Pub. L. 88-149, title V, Sec. 507, 77 Stat. 264.

Aug. 9, 1962, Pub. L. 87-577, title V, Sec. 507, 76 Stat. 328.

Aug. 17, 1961, Pub. L. 87-144, title II, Sec. 201, title VI, Sec.

607, 75 Stat. 367, 376.

July 7, 1960, Pub. L. 86-601, title II, Sec. 201, title V, Sec.

507, 74 Stat. 340, 350.

Aug. 18, 1959, Pub. L. 86-166, title II, Sec. 201, title V, Sec.

607, 73 Stat. 368, 379.

Aug. 22, 1958, Pub. L. 85-724, title III, Sec. 301, title V, Sec.

501, 72 Stat. 713, 714, 721, 722.

Aug. 2, 1957, Pub. L. 85-117, title III, Sec. 301, title V, Sec.

501, 71 Stat. 313, 314, 321.

July 2, 1956, ch. 488, title III, Sec. 301, title V, Sec. 501, 70

Stat. 456, 457, 465.

July 13, 1955, ch. 358, title III, Sec. 301, title V, Sec. 501,

69 Stat. 303, 312.

June 30, 1954, ch. 432, title IV, Sec. 401, title VI, Sec. 601,

68 Stat. 339, 348.

Aug. 1, 1953, ch. 305, title III, Sec. 301, title V, Sec. 501, 67

Stat. 338, 339, 348.

July 10, 1952, ch. 630, title III, Sec. 301, title V, Sec. 501,

66 Stat. 519, 520, 529.

Oct. 18, 1951, ch. 512, title III, Sec. 301, title V, Sec. 501,

65 Stat. 428, 443.

Sept. 6, 1950, ch. 896, Ch. X, title III, Sec. 301, title V, Sec.

501, 64 Stat. 734, 749, 750.

Oct. 29, 1949, ch. 787, title III, Sec. 301, title V, Sec. 501,

63 Stat. 991, 992, 1015.

June 24, 1948, ch. 632, 62 Stat. 654.

July 30, 1947, ch. 357, title I, Sec. 1, 61 Stat. 556.

July 16, 1946, ch. 583, Sec. 1, 60 Stat. 546, 547.

July 3, 1945, ch. 265, Sec. 1, 59 Stat. 389, 390.

June 28, 1944, ch. 303, Sec. 1, 58 Stat. 579.

July 1, 1943, ch. 185, Sec. 1, 57 Stat. 353.

July 2, 1942, ch. 477, Sec. 1, 56 Stat. 616.

June 30, 1941, ch. 262, Sec. 1, 55 Stat. 372.

June 13, 1940, ch. 343, Sec. 1, 54 Stat. 357.

Apr. 26, 1939, ch. 88, Sec. 1, 53 Stat. 599.

June 11, 1938, ch. 37, Sec. 1, 52 Stat. 648.

July 1, 1937, ch. 423, Sec. 1, 50 Stat. 448.

May 15, 1936, ch. 404, Sec. 1, title I, 49 Stat. 1285.

Apr. 9, 1935, ch. 54, Sec. 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.

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1404 of Pub. L.

98-525, set out as a note under section 520b of this title.

-CITE-

10 USC Sec. 1050 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1050. Latin American cooperation: payment of personnel

expenses

-STATUTE-

The Secretary of Defense or the Secretary of a military

department may pay the travel, subsistence, and special

compensation of officers and students of Latin American countries

and other expenses that the Secretary considers necessary for Latin

American cooperation.

-SOURCE-

(Added Pub. L. 98-525, title XIV, Sec. 1401(d)(1), Oct. 19, 1984,

98 Stat. 2616; amended Pub. L. 105-261, div. A, title IX, Sec.

905(b), Oct. 17, 1998, 112 Stat. 2093.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following appropriation acts:

Pub. L. 98-473, title I, Sec. 101(h) (title VIII, Sec. 8006),

Oct. 12, 1984, 98 Stat. 1904, 1923.

Pub. L. 98-212, title VII, Sec. 709, Dec. 8, 1983, 97 Stat. 1439.

Pub. L. 97-377, title I, Sec. 101(c) (title VII, Sec. 709), Dec.

21, 1982, 96 Stat. 1833, 1851.

Pub. L. 97-114, title VII, Sec. 709, Dec. 29, 1981, 95 Stat.

1579.

Pub. L. 96-527, title VII, Sec. 709, Dec. 15, 1980, 94 Stat.

3081.

Pub. L. 96-154, title VII, Sec. 709, Dec. 21, 1979, 93 Stat.

1153.

Pub. L. 95-457, title VIII, Sec. 809, Oct. 13, 1978, 92 Stat.

1244.

Pub. L. 95-111, title VIII, Sec. 808, Sept. 21, 1977, 91 Stat.

900.

Pub. L. 94-419, title VII, Sec. 708, Sept. 22, 1976, 90 Stat.

1292.

Pub. L. 94-212, title VII, Sec. 708, Feb. 9, 1976, 90 Stat. 169.

Pub. L. 93-437, title VIII, Sec. 808, Oct. 8, 1974, 88 Stat.

1225.

Pub. L. 93-238, title VII, Sec. 708, Jan. 2, 1974, 87 Stat. 1039.

Pub. L. 92-570, title VII, Sec. 708, Oct. 26, 1972, 86 Stat.

1197.

Pub. L. 92-204, title VII, Sec. 708, Dec. 18, 1971, 85 Stat. 728.

Pub. L. 91-668, title VIII, Sec. 808, Jan. 11, 1971, 84 Stat.

2031.

Pub. L. 91-171, title VI, Sec. 608, Dec. 29, 1969, 83 Stat. 480.

Pub. L. 90-580, title V, Sec. 507, Oct. 17, 1968, 82 Stat. 1130.

Pub. L. 90-96, title VI, Sec. 607, Sept. 29, 1967, 81 Stat. 242.

Pub. L. 89-687, title VI, Sec. 607, Oct. 15, 1966, 80 Stat. 991.

Pub. L. 89-213, title VI, Sec. 607, Sept. 29, 1965, 79 Stat. 874.

Pub. L. 88-446, title V, Sec. 507, Aug. 19, 1964, 78 Stat. 475.

Pub. L. 88-149, title V, Sec. 507, Oct. 17, 1963, 77 Stat. 264.

Pub. L. 87-577, title V, Sec. 507, Aug. 9, 1962, 76 Stat. 328.

Pub. L. 87-144, title II, Sec. 201, Aug. 17, 1961, 75 Stat. 367,

369.

Pub. L. 86-601, title II, Sec. 201, July 7, 1960, 74 Stat. 341,

343.

Pub. L. 86-166, title II, Sec. 201, Aug. 18, 1959, 73 Stat. 369,

371.

Pub. L. 85-724, title III, Sec. 301, title V, Sec. 501, Aug. 22,

1958, 72 Stat. 714, 721.

Pub. L. 85-117, title III, Sec. 301, title V, Sec. 501, Aug. 2,

1957, 71 Stat. 314, 321.

July 2, 1956, ch. 488, title III, Sec. 301, title V, Sec. 501, 70

Stat. 457, 465.

July 13, 1955, ch. 358, title III, Sec. 301, title V, Sec. 501,

69 Stat. 304, 312.

June 30, 1954, ch. 432, title IV, Sec. 401, title VI, Sec. 601,

68 Stat. 340, 347.

Aug. 1, 1953, ch. 305, title III, Sec. 301, title V, Sec. 501, 67

Stat. 339, 347.

July 10, 1952, ch. 630, title III, Sec. 301, title V, Sec. 501,

66 Stat. 521, 529.

Oct. 18, 1951, ch. 512, title III, Sec. 301, title V, Sec. 501,

65 Stat. 426, 442.

Sept. 6, 1950, ch. 896, Ch. X, title III, Sec. 301, title V, Sec.

501, 64 Stat. 732, 749.

Oct. 29, 1949, ch. 787, title III, Sec. 301, title V, Sec. 501,

63 Stat. 989, 1014.

June 24, 1948, ch. 632, 62 Stat. 650.

July 30, 1947, ch. 357, title I, Sec. 1, 61 Stat. 568.

July 16, 1946, ch. 583, Sec. 1, 60 Stat. 560.

July 3, 1945, ch. 265, Sec. 1, 59 Stat. 401.

June 28, 1944, ch. 303, Sec. 1, 58 Stat. 591.

July 1, 1943, ch. 185, Sec. 1, 57 Stat. 365.

July 2, 1942, ch. 477, Sec. 1, 56 Stat. 628.

AMENDMENTS

1998 - Pub. L. 105-261 inserted ''Secretary of Defense or the''

before ''Secretary of a military department''.

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1404 of Pub. L.

98-525, set out as a note under section 520b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1051, 2165 of this title.

-CITE-

10 USC Sec. 1051 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1051. Bilateral or regional cooperation programs: payment of

personnel expenses

-STATUTE-

(a) The Secretary of Defense may pay the travel, subsistence, and

similar personal expenses of defense personnel of developing

countries in connection with the attendance of such personnel at a

bilateral or regional conference, seminar, or similar meeting if

the Secretary determines that the attendance of such personnel at

such conference, seminar, or similar meeting is in the national

security interests of the United States.

(b)(1) Except as provided in paragraphs (2) and (3), expenses

authorized to be paid under subsection (a) may be paid on behalf of

personnel from a developing country only in connection with travel

within the area of responsibility of the unified combatant command

(as such term is defined in section 161(c) of this title) in which

the developing country is located or in connection with travel to

Canada or Mexico.

(2) In a case in which the headquarters of a unified combatant

command is located within the United States, expenses authorized to

be paid under subsection (a) may be paid in connection with travel

of personnel to the United States to attend a bilateral or regional

conference, seminar, or similar meeting.

(3) In the case of defense personnel of a developing country that

is not a member of the North Atlantic Treaty Organization and that

is participating in the Partnership for Peace program of the North

Atlantic Treaty Organization (NATO), expenses authorized to be paid

under subsection (a) may be paid in connection with travel of

personnel to the territory of any of the countries participating in

the Partnership for Peace program or the territory of any NATO

member country.

(4) Expenses authorized to be paid under subsection (a) may not,

in the case of any individual, exceed the amount that would be paid

under chapter 7 of title 37 to a member of the armed forces of the

United States (of a comparable grade) for authorized travel of a

similar nature.

(c) In addition to the expenses authorized to be paid under

subsection (a), the Secretary of Defense may pay such other

expenses in connection with any such conference, seminar, or

similar meeting as the Secretary considers in the national security

interests of the United States.

(d) The authority to pay expenses under this section is in

addition to the authority to pay certain expenses and compensation

of officers and students of Latin American countries under section

1050 of this title.

-SOURCE-

(Added Pub. L. 99-661, div. A, title XIII, Sec. 1322(a), Nov. 14,

1986, 100 Stat. 3989; amended Pub. L. 101-189, div. A, title IX,

Sec. 936, Nov. 29, 1989, 103 Stat. 1538; Pub. L. 101-510, div. A,

title XIII, Sec. 1301(5), Nov. 5, 1990, 104 Stat. 1668; Pub. L.

102-484, div. A, title XIII, Sec. 1362, Oct. 23, 1992, 106 Stat.

2560; Pub. L. 107-314, div. A, title XII, Sec. 1202(a), Dec. 2,

2002, 116 Stat. 2663.)

-COD-

CODIFICATION

Another section 1051 was renumbered section 1032 of this title.

-MISC3-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-314, Sec. 1202(a)(1),

substituted ''paragraphs (2) and (3)'' for ''paragraph (2)''.

Subsec. (b)(3), (4). Pub. L. 107-314, Sec. 1202(a)(2), (3), added

par. (3) and redesignated former par. (3) as (4).

1992 - Subsec. (e). Pub. L. 102-484 struck out subsec. (e) which

read as follows: ''The authority of the Secretary of Defense under

this section shall expire on September 30, 1992.''

1990 - Subsecs. (e) to (g). Pub. L. 101-510 redesignated subsec.

(g) as (e) and struck out former subsecs. (e) and (f) which read as

follows:

''(e) Not later than March 1 each year, the Secretary of Defense

shall submit to Congress a report containing -

''(1) a list of the developing countries for which expenses

have been paid under this section during the preceding fiscal

year; and

''(2) the amount paid by the United States in the case of each

such country.

''(f) During each of fiscal years 1987, 1988, and 1989, not more

than $800,000 may be obligated or expended under this section.''

1989 - Subsec. (b)(1). Pub. L. 101-189, Sec. 936(a), inserted

before period at end ''or in connection with travel to Canada or

Mexico''.

Subsec. (g). Pub. L. 101-189, Sec. 936(b), substituted ''1992''

for ''1989''.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-314, div. A, title XII, Sec. 1202(b), Dec. 2, 2002,

116 Stat. 2663, provided that: ''The amendments made by subsection

(a) (amending this section) shall apply only with respect to travel

performed on or after the date of the enactment of this Act (Dec.

2, 2002).''

-CITE-

10 USC Sec. 1051a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1051a. Coalition liaison officers: administrative services and

support; travel, subsistence, and other personal expenses

-STATUTE-

(a) Authority. - The Secretary of Defense may provide

administrative services and support for the performance of duties

by a liaison officer of another nation involved in a coalition with

the United States while the liaison officer is assigned temporarily

to the headquarters of a combatant command, component command, or

subordinate operational command of the United States in connection

with the planning for, or conduct of, a coalition operation.

(b) Travel and Subsistence Expenses. - (1) The Secretary may pay

the expenses specified in paragraph (2) of a liaison officer of a

developing country in connection with the assignment of that

officer to the headquarters of a combatant command as described in

subsection (a), if the assignment is requested by the commander of

the combatant command.

(2) Expenses of a liaison officer that may be paid under

paragraph (1) in connection with an assignment described in that

paragraph are the following:

(A) Travel and subsistence expenses.

(B) Personal expenses directly necessary to carry out the

duties of that officer in connection with that assignment.

(c) Reimbursement. - To the extent that the Secretary determines

appropriate, the Secretary may provide the services and support

authorized by subsection (a) and the expenses authorized by

subsection (b) with or without reimbursement from (or on behalf of)

the recipients.

(d) Definitions. - In this section:

(1) The term ''administrative services and support'' includes

base or installation support services, office space, utilities,

copying services, fire and police protection, and computer

support.

(2) The term ''coalition'' means an ad hoc arrangement between

or among the United States and one or more other nations for

common action.

(e) Expiration of Authority. - The authority under this section

shall expire on September 30, 2005.

-SOURCE-

(Added Pub. L. 107-314, div. A, title XII, Sec. 1201(a)(1), Dec.

2, 2002, 116 Stat. 2662.)

-MISC1-

GAO REPORT

Pub. L. 107-314, div. A, title XII, Sec. 1201(b), Dec. 2, 2002,

116 Stat. 2663, provided that: ''Not later than March 1, 2005, the

Comptroller General shall submit to the Committees on Armed

Services of the Senate and House of Representatives a report

providing an assessment of the implementation of section 1051a of

title 10, United States Code, as added by subsection (a). The

assessment shall include the following:

''(1) A description of the benefits to coalition operations of

the authority provided by that section.

''(2) A statement of the cost to the Department of Defense of

the use of the authority provided by that section.

''(3) A summary of activities carried out under the authority

provided by that section, including (A) the number of liaison

officers for whom administrative services and support or expenses

were provided under that authority and their countries of origin,

and (B) the type of services, support, and expenses provided.''

-CITE-

10 USC Sec. 1052 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1052. Adoption expenses: reimbursement

-STATUTE-

(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. 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.

-SOURCE-

(Added Pub. L. 102-190, div. A, title VI, Sec. 651(a)(1), Dec. 5,

1991, 105 Stat. 1385; amended Pub. L. 102-484, div. A, title X,

Sec. 1052(12), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 104-201,

div. A, title VI, Sec. 652(a), Sept. 23, 1996, 110 Stat. 2582;

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 579(c)(1)), Oct.

30, 2000, 114 Stat. 1654, 1654A-141.)

-MISC1-

PRIOR PROVISIONS

A prior section 1052 was renumbered section 1063 of this title.

AMENDMENTS

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, Sec. 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, Sec. 652(a)(2), added par. (3).

1992 - Subsec. (b). Pub. L. 102-484 inserted close parenthesis

before period at end.

EFFECTIVE DATE

Section 651(c) of Pub. L. 102-190 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 PROGRAM

Section 652 of Pub. L. 102-484 provided that:

''(a) Reimbursement of Adoption Expenses. - Section 1052 of title

10, United States Code, and section 514 of title 14, United States

Code, shall apply with respect to the reimbursement of adoption

expenses incurred for an adoption proceeding completed during the

period beginning on October 1, 1990, and ending on December 4,

1991, to the extent the adoption expenses would be covered by one

of these sections if the adoption proceeding had been completed

after December 4, 1991.

''(b) Time Period for Application. - Subsection (a) shall apply

to a person covered by such subsection only if the person applies

to the Secretary of Defense or the Secretary of Transportation for

the reimbursement of adoption expenses under section 1052 of title

10, United States Code, or section 514 of title 14, United States

Code, whichever applies, within one year after the date of the

enactment of this Act (Oct. 23, 1992).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 137; title 33

section 3071; title 42 section 213a.

-CITE-

10 USC Sec. 1053 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1053. Financial institution charges incurred because of

Government error in direct deposit of pay: reimbursement

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 99-661, div. A, title VI, Sec. 662(a)(1), Nov. 14,

1986, 100 Stat. 3893; amended Pub. L. 101-189, div. A, title VI,

Sec. 664(a)(1)-(3)(A), Nov. 29, 1989, 103 Stat. 1466; Pub. L.

102-25, title VII, Sec. 701(e)(8)(A), Apr. 6, 1991, 105 Stat. 115;

Pub. L. 104-106, div. A, title XV, Sec. 1501(c)(8), Feb. 10, 1996,

110 Stat. 499; Pub. L. 105-261, div. A, title V, Sec. 564(a), Oct.

17, 1998, 112 Stat. 2029; Pub. L. 106-398, Sec. 1 ((div. A), title

V, Sec. 579(c)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A-141.)

-MISC1-

AMENDMENTS

2000 - 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, Sec. 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, Sec. 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, Sec. 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.''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1501(c) of Pub. L. 104-106 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 AMENDMENT

Section 664(c) of Pub. L. 101-189 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 DATE

Section 662(c) of Pub. L. 99-661 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).''

-CITE-

10 USC Sec. 1053a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1053a. Expenses incurred in connection with leave canceled due

to contingency operations: reimbursement

-STATUTE-

(a) Authorization To Reimburse. - The Secretary concerned may

reimburse a member of the armed forces under the jurisdiction of

the Secretary for travel and related expenses (to the extent not

otherwise reimbursable under law) incurred by the member as a

result of the cancellation of previously approved leave when the

leave is canceled in connection with the member's participation in

a contingency operation and the cancellation occurs within 48 hours

of the time the leave would have commenced.

(b) Regulations. - The Secretary of Defense shall prescribe

regulations to establish the criteria for the applicability of

subsection (a).

(c) Conclusiveness of Settlement. - The settlement of an

application for reimbursement under subsection (a) is final and

conclusive.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 579(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-141.)

-MISC1-

EFFECTIVE DATE

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 579(b)), Oct.

30, 2000, 114 Stat. 1654, 1654A-141, provided that: ''Section 1053a

of title 10, United States Code, as added by subsection (a), shall

apply with respect to any travel and related expenses incurred by a

member in connection with leave canceled after the date of the

enactment of this Act (Oct. 30, 2000).''

-CITE-

10 USC Sec. 1054 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1054. Defense of certain suits arising out of legal

malpractice

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 99-661, div. A, title XIII, Sec. 1356(a)(1), Nov.

14, 1986, 100 Stat. 3996; amended Pub. L. 100-448, Sec. 15(a),

Sept. 28, 1988, 102 Stat. 1845.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-448, Sec. 15(a)(1), inserted ''or

within the Coast Guard'' after ''of title 32)''.

Subsec. (g). Pub. L. 100-448, Sec. 15(a)(2), inserted reference

to the Secretary of the department in which the Coast Guard is

operating.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 15(b) of Pub. L. 100-448 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 DATE

Section 1356(b) of Pub. L. 99-661 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.''

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1588 of this title.

-CITE-

10 USC Sec. 1055 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1055. Waiver of security deposits for members renting private

housing; authority to indemnify landlord

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 100-456, div. A, title VI, Sec. 621(a)(1), Sept.

29, 1988, 102 Stat. 1982.)

-MISC1-

EFFECTIVE DATE

Section 621(b) of Pub. L. 100-456 provided that: ''Section 1055

of title 10, United States Code, as added by subsection (a), shall

take effect on October 1, 1988.''

-CITE-

10 USC Sec. 1056 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1056. Relocation assistance programs

-STATUTE-

(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, and community

orientation.

(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, and community orientation.

(D) Provision of home finding services, with emphasis on

services for locating adequate, affordable temporary and

permanent housing.

(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.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XIV, Sec. 1481(c)(1), Nov.

5, 1990, 104 Stat. 1705; amended Pub. L. 104-106, div. A, title

IX, Sec. 903(d), title X, Sec. 1062(a), Feb. 10, 1996, 110 Stat.

402, 443; Pub. L. 104-201, div. A, title IX, Sec. 901, Sept. 23,

1996, 110 Stat. 2617; Pub. L. 107-107, div. A, title X, Sec.

1048(a)(9), Dec. 28, 2001, 115 Stat. 1223.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 101-189, div. A, title VI, Sec. 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, Sec. 1481(c)(3).

AMENDMENTS

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, Sec. 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, Sec. 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.''

IMPLEMENTATION OF RELOCATION ASSISTANCE PROGRAMS

Section 1481(c)(4) of Pub. L. 101-510 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.''

-TRANS-

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.

-CITE-

10 USC Sec. 1057 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1057. Use of armed forces insignia on State license plates

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 102-484, div. A, title X, Sec. 1080(a), Oct. 23,

1992, 106 Stat. 2514.)

-CITE-

10 USC Sec. 1058 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1058. Responsibilities of military law enforcement officials

at scenes of domestic violence

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-160, div. A, title V, Sec. 551(a)(1), Nov. 30,

1993, 107 Stat. 1661; amended Pub. L. 103-337, div. A, title X,

Sec. 1070(a)(4), (b)(3), Oct. 5, 1994, 108 Stat. 2855, 2856; Pub.

L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat.

2314.)

-COD-

CODIFICATION

Other sections 1058 were renumbered sections 1059 and 1060 of

this title.

-MISC3-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1994 - Pub. L. 103-337, Sec. 1070(b)(3), made technical

correction to directory language of Pub. L. 103-160, Sec.

551(a)(1), which enacted this section.

Subsec. (d). Pub. L. 103-337, Sec. 1070(a)(4), substituted

''subject to the Uniform Code of Military Justice (chapter 47 of

this title)'' for ''subject to this chapter''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment 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 AMENDMENT

Section 1070(b) of Pub. L. 103-337 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 PROCEDURES

Section 551(b) of Pub. L. 103-160 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).''

-CITE-

10 USC Sec. 1059 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1059. Dependents of members separated for dependent abuse:

transitional compensation; commissary and exchange benefits

-STATUTE-

(a) Authority To Pay Compensation. - The Secretary of Defense,

with respect to the armed forces (other than the Coast Guard when

it is not operating as a service in the Navy), and the Secretary of

Homeland Security, with respect to the Coast Guard when it is not

operating as a service in the Navy, may each establish a program to

pay monthly transitional compensation in accordance with this

section to dependents or former dependents of a member of the armed

forces described in subsection (b). Upon establishment of such a

program, the program shall apply in the case of each such member

described in subsection (b) who is under the jurisdiction of the

Secretary establishing the program.

(b) Punitive and Other Adverse Actions Covered. - This section

applies in the case of a member of the armed forces on active duty

for a period of more than 30 days -

(1) who is convicted of a dependent-abuse offense (as defined

in subsection (c)) and whose conviction results in the member -

(A) being separated from active duty pursuant to a sentence

of a court-martial; or

(B) forfeiting all pay and allowances pursuant to a sentence

of a court-martial; or

(2) who is administratively separated from active duty in

accordance with applicable regulations if the basis for the

separation includes a dependent-abuse offense.

(c) Dependent-Abuse Offenses. - For purposes of this section, a

dependent-abuse offense is conduct by an individual while a member

of the armed forces on active duty for a period of more than 30

days -

(1) that involves abuse of the spouse or a dependent child of

the member; and

(2) that is a criminal offense specified in regulations

prescribed by the Secretary of Defense under subsection (k).

(d) Recipients of Payments. - In the case of any individual

described in subsection (b), the Secretary shall pay such

compensation to dependents or former dependents of the individual

as follows:

(1) If the individual was married at the time of the commission

of the dependent-abuse offense resulting in the separation, such

compensation shall be paid to the spouse or former spouse to whom

the individual was married at that time, including an amount

(determined under subsection (f)(2)) for each, if any, dependent

child of the individual described in subsection (b) who resides

in the same household as that spouse or former spouse.

(2) If there is a spouse or former spouse who is or, but for

subsection (g), would be eligible for compensation under this

section and if there is a dependent child of the individual

described in subsection (b) who does not reside in the same

household as that spouse or former spouse, compensation under

this section shall be paid to each such dependent child of the

individual described in subsection (b) who does not reside in

that household.

(3) If there is no spouse or former spouse who is (or but for

subsection (g) would be) eligible under paragraph (1), such

compensation shall be paid to the dependent children of the

individual described in subsection (b).

(4) For purposes of this subsection, an individual's status as

a ''dependent child'' shall be determined as of the date on which

the individual described in subsection (b) is convicted of the

dependent-abuse offense or, in a case described in subsection

(b)(2), as of the date on which the individual described in

subsection (b) is separated from active duty.

(e) Commencement and Duration of Payment. - (1) Payment of

transitional compensation under this section -

(A) in the case of a member convicted by a court-martial for a

dependent-abuse offense, shall commence as of the date of the

approval of the court-martial sentence by the person acting under

section 860(c) of this title (article 60(c) of the Uniform Code

of Military Justice) if the sentence, as approved, includes a

dismissal, dishonorable discharge, bad conduct discharge, or

forfeiture of all pay and allowances; and

(B) in the case of a member being considered under applicable

regulations for administrative separation from active duty in

accordance with such regulations (if the basis for the separation

includes a dependent-abuse offense), shall commence as of the

date on which the separation action is initiated by a commander

of the member pursuant to such regulations, as determined by the

Secretary concerned.

(2) Transitional compensation with respect to a member shall be

paid for a period of 36 months, except that, if as of the date on

which payment of transitional compensation commences the unserved

portion of the member's period of obligated active duty service is

less than 36 months, the period for which transitional compensation

is paid shall be equal to the greater of -

(A) the unserved portion of the member's period of obligated

active duty service; or

(B) 12 months.

(3)(A) If a member is sentenced by a court-martial to receive

punishment that includes a dismissal, dishonorable discharge, bad

conduct discharge, or forfeiture of all pay and allowances as a

result of a conviction by a court-martial for a dependent-abuse

offense and each such punishment applicable to the member under the

sentence is remitted, set aside, or mitigated to a lesser

punishment that does not include any such punishment, any payment

of transitional compensation that has commenced under this section

on the basis of such sentence in that case shall cease.

(B) If administrative separation of a member from active duty is

proposed on a basis that includes a dependent-abuse offense and the

proposed administrative separation is disapproved by competent

authority under applicable regulations, payment of transitional

compensation in such case shall cease.

(C) Cessation of payments under subparagraph (A) or (B) shall be

effective as of the first day of the first month following the

month in which the Secretary concerned notifies the recipient of

such transitional compensation in writing that payment of the

transitional compensation will cease. The recipient may not be

required to repay amounts of transitional compensation received

before that effective date (except to the extent necessary to

recoup any amount that was erroneous when paid).

(f) Amount of Payment. - (1) Payment to a spouse or former spouse

under this section for any month shall be at the rate in effect for

that month for the payment of dependency and indemnity compensation

under section 1311(a)(1) of title 38.

(2) If a spouse or former spouse to whom compensation is paid

under this section has custody of a dependent child of the member

who resides in the same household as that spouse or former spouse,

the amount of such compensation paid for any month shall be

increased for each such dependent child by the amount in effect for

that month under section 1311(b) of title 38.

(3) If compensation is paid under this section to a child or

children pursuant to subsection (d)(2) or (d)(3), such compensation

shall be paid in equal shares, with the amount of such compensation

for any month determined in accordance with the rates in effect for

that month under section 1313 of title 38.

(g) Spouse and Former Spouse Forfeiture Provisions. - (1) If a

former spouse receiving compensation under this section remarries,

the Secretary shall terminate payment of such compensation,

effective as of the date of such marriage. The Secretary may not

renew payment of compensation under this section to such former

spouse in the event of the termination of such subsequent marriage.

(2) If after a punitive or other adverse action is executed in

the case of a former member as described in subsection (b) the

former member resides in the same household as the spouse or former

spouse, or dependent child, to whom compensation is otherwise

payable under this section, the Secretary shall terminate payment

of such compensation, effective as of the time the former member

begins residing in such household. Compensation paid for a period

after the former member's separation, but before the former member

resides in the household, shall not be recouped. If the former

member subsequently ceases to reside in such household before the

end of the period of eligibility for such payments, the Secretary

may not resume such payments.

(3) In a case in which the victim of the dependent-abuse offense

resulting in a punitive or other adverse action described in

subsection (b) was a dependent child, the Secretary concerned may

not pay compensation under this section to a spouse or former

spouse who would otherwise be eligible to receive such compensation

if the Secretary determines (under regulations prescribed under

subsection (k)) that the spouse or former spouse was an active

participant in the conduct constituting the dependent-abuse

offense.

(h) Effect of Continuation of Military Pay. - In the case of

payment of transitional compensation by reason of a total

forfeiture of pay and allowances pursuant to a sentence of a

court-martial, payment of transitional compensation shall not be

made for any period for which an order -

(1) suspends, in whole or in part, that part of a sentence that

includes forfeiture of the member's pay and allowance; or

(2) otherwise results in continuation, in whole or in part, of

the member's pay and allowances.

(i) Coordination of Benefits. - The Secretary concerned may not

make payments to a spouse or former spouse under both this section

and section 1408(h)(1) of this title. In the case of a spouse or

former spouse for whom a court order provides for payments by the

Secretary pursuant to section 1408(h)(1) of this title and to whom

the Secretary offers payments under this section, the spouse or

former spouse shall elect which to receive.

(j) Commissary and Exchange Benefits. - (1) A dependent or former

dependent entitled to payment of monthly transitional compensation

under this section shall, while receiving payments in accordance

with this section, be entitled to use commissary and exchange

stores to the same extent and in the same manner as a dependent of

a member of the armed forces on active duty for a period of more

than 30 days.

(2) If a dependent or former dependent eligible or entitled to

use commissary and exchange stores under paragraph (1) is eligible

or entitled to use commissary and exchange stores under another

provision of law, the eligibility or entitlement of that dependent

or former dependent to use commissary and exchange stores shall be

determined under such other provision of law rather than under

paragraph (1).

(k) Regulations. - (1) The Secretary of Defense shall prescribe

regulations to carry out this section with respect to the armed

forces (other than the Coast Guard when it is not operating as a

service in the Navy). The Secretary of Homeland Security shall

prescribe regulations to carry out this section with respect to the

Coast Guard when it is not operating as a service in the Navy.

(2) Regulations prescribed under paragraph (1) shall include the

criminal offenses, or categories of offenses, under the Uniform

Code of Military Justice (chapter 47 of this title), Federal

criminal law, the criminal laws of the States and other

jurisdictions of the United States, and the laws of other nations

that are to be considered to be dependent-abuse offenses for the

purposes of this section.

(l) Dependent Child Defined. - In this section, the term

''dependent child'', with respect to a member or former member of

the armed forces referred to in subsection (b), means an unmarried

child, including an adopted child or a stepchild, who was residing

with the member at the time of the dependent-abuse offense

resulting in the separation of the former member and -

(1) who is under 18 years of age;

(2) who is 18 years of age or older and is incapable of

self-support because of a mental or physical incapacity that

existed before the age of 18 and who is (or, at the time a

punitive or other adverse action was executed in the case of the

former member as described in subsection (b), was) dependent on

the former member for over one-half of the child's support; or

(3) who is 18 years of age or older but less than 23 years of

age, is enrolled in a full-time course of study in an institution

of higher learning approved by the Secretary of Defense and who

is (or, at the time a punitive or other adverse action was

executed in the case of the former member as described in

subsection (b), was) dependent on the former member for over

one-half of the child's support.

-SOURCE-

(Added Pub. L. 103-160, div. A, title V, Sec. 554(a)(1), Nov. 30,

1993, 107 Stat. 1663, Sec. 1058; renumbered Sec. 1059 and amended

Pub. L. 103-337, div. A, title V, Sec. 535(a)-(c)(1), title X,

Sec. 1070(a)(5)(A), Oct. 5, 1994, 108 Stat. 2762, 2763, 2855; Pub.

L. 104-106, div. A, title VI, Sec. 636(a), (b), title XV, Sec.

1503(a)(8), Feb. 10, 1996, 110 Stat. 367, 511; Pub. L. 105-261,

div. A, title V, Sec. 570(a), (b), Oct. 17, 1998, 112 Stat. 2032;

Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116

Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a), (k)(1). Pub. L. 107-296 substituted ''of

Homeland Security'' for ''of Transportation''.

1998 - Subsec. (d)(1). Pub. L. 105-261, Sec. 570(a)(1), struck

out ''(except as otherwise provided in this subsection)'' after

''such compensation shall'' and inserted before period at end '',

including an amount (determined under subsection (f)(2)) for each,

if any, dependent child of the individual described in subsection

(b) who resides in the same household as that spouse or former

spouse''.

Subsec. (d)(2). Pub. L. 105-261, Sec. 570(a)(2), substituted ''is

or, but for subsection (g), would be eligible'' for ''(but for

subsection (g)) would be eligible'' and ''compensation under this

section shall'' for ''such compensation shall''.

Subsec. (d)(4). Pub. L. 105-261, Sec. 570(a)(3), substituted

''For purposes of this subsection'' for ''For purposes of

paragraphs (2) and (3)''.

Subsec. (f)(2). Pub. L. 105-261, Sec. 570(b), substituted ''has

custody of a dependent child of the member who resides in the same

household as that spouse or former spouse'' for ''has custody of a

dependent child or children of the member''.

1996 - Subsec. (a). Pub. L. 104-106, Sec. 636(a), inserted at end

''Upon establishment of such a program, the program shall apply in

the case of each such member described in subsection (b) who is

under the jurisdiction of the Secretary establishing the program.''

Subsec. (c)(2). Pub. L. 104-106, Sec. 1503(a)(8), substituted

''subsection (k)'' for ''subsection (j)''.

Subsec. (d). Pub. L. 104-106, Sec. 636(b)(1), in introductory

provisions, substituted ''the case of any individual described in

subsection (b)'' for ''any case of a separation from active duty as

described in subsection (b)'' and ''dependents of the individual''

for ''dependents of the former member''.

Subsec. (d)(1). Pub. L. 104-106, Sec. 636(b)(2), substituted ''If

the individual'' for ''If the former member'' and ''to whom the

individual'' for ''to whom the member''.

Subsec. (d)(2). Pub. L. 104-106, Sec. 636(b)(3), substituted

''individual described in subsection (b)'' for ''former member'' in

two places.

Subsec. (d)(3). Pub. L. 104-106, Sec. 636(b)(4), substituted

''individual described in subsection (b)'' for ''former member''.

Subsec. (d)(4). Pub. L. 104-106, Sec. 636(b)(5), substituted

''individual described in subsection (b)'' for ''member'' in two

places.

Subsec. (g)(3). Pub. L. 104-106, Sec. 1503(a)(8), substituted

''subsection (k))'' for ''subsection (j))''.

1994 - Pub. L. 103-337, Sec. 1070(a)(5)(A), renumbered section

1058 of this title as this section.

Pub. L. 103-337, Sec. 535(c)(1), inserted ''; commissary and

exchange benefits'' at end of section catchline.

Subsec. (e). Pub. L. 103-337, Sec. 535(a), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows:

''(e) Commencement and Duration of Payment. - (1) Payment of

transitional compensation under this section shall commence as of

the date of the discontinuance of the member's pay and allowances

pursuant to the separation or sentencing of the member and, except

as provided in paragraph (2), shall be paid for a period of 36

months.

''(2) If as of the date on which payment of transitional

compensation commences the unserved portion of the member's period

of obligated active duty service is less than 36 months, the period

for which transitional compensation is paid shall be equal to the

greater of -

''(A) the unserved portion of the member's period of obligated

active duty service; or

''(B) 12 months.''

Subsecs. (j) to (l). Pub. L. 103-337, Sec. 535(b), added subsec.

(j) and redesignated former subsecs. (j) and (k) as (k) and (l),

respectively.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment 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 1998 AMENDMENT

Pub. L. 105-261, div. A, title V, Sec. 570(c), Oct. 17, 1998,

112 Stat. 2032, provided that: ''No benefits shall accrue by reason

of the amendments made by this section (amending this section) for

any month that begins before the date of the enactment of this Act

(Oct. 17, 1998).''

EFFECTIVE DATE

Section 554(b) of Pub. L. 103-160, as amended by Pub. L. 103-337,

div. A, title X, Sec. 1070(b)(5), Oct. 5, 1994, 108 Stat. 2856;

Pub. L. 104-106, div. A, title VI, Sec. 636(c), Feb. 10, 1996, 110

Stat. 367, provided that:

''(1) The section of title 10, United States Code, added by

subsection (a)(1) (this section) shall apply with respect to a

member of the Armed Forces who, after November 29, 1993 -

''(A) is separated from active duty as described in subsection

(b) of such section; or

''(B) forfeits all pay and allowances as described in such

subsection.

''(2) Payments of transitional compensation under that section in

the case of any person eligible to receive payments under that

section shall be made for each month after November 1993 for which

that person may be paid transitional compensation in accordance

with that section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1076 of this title; title

42 section 213a.

-CITE-

10 USC Sec. 1060 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1060. Military service of retired members with newly

democratic nations: consent of Congress

-STATUTE-

(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) Reports to Congressional Committees. - 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).

(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.

-SOURCE-

(Added Pub. L. 103-160, div. A, title XIV, Sec. 1433(b)(1), Nov.

30, 1993, 107 Stat. 1834, Sec. 1058; renumbered Sec. 1060, Pub. L.

103-337, div. A, title X, Sec. 1070(a)(6)(A), Oct. 5, 1994, 108

Stat. 2855; amended Pub. L. 104-106, div. A, title XV, Sec.

1502(a)(13), Feb. 10, 1996, 110 Stat. 503; Pub. L. 106-65, div. A,

title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

-MISC1-

AMENDMENTS

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.

EFFECTIVE DATE

Section 1433(d) of Pub. L. 103-160 provided that this section was

to take effect as of Jan. 1, 1993, prior to repeal by Pub. L.

103-236, title I, Sec. 182(b), Apr. 30, 1994, 108 Stat. 418.

RESTORATION OF WITHHELD BENEFITS

Pub. L. 103-236, title I, Sec. 182(a), Apr. 30, 1994, 108 Stat.

418, as amended by Pub. L. 103-337, div. A, title X, Sec.

1070(d)(7), Oct. 5, 1994, 108 Stat. 2858; Pub. L. 103-415, Sec.

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 FINDINGS

Section 1433(a) of Pub. L. 103-160 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 section 908.

-CITE-

10 USC Sec. 1060a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 1060a. Special supplemental food program

-STATUTE-

(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 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)).

-SOURCE-

(Added Pub. L. 103-337, div. A, title VI, Sec. 653(a), Oct. 5,

1994, 108 Stat. 2794; amended Pub. L. 104-106, div. A, title XV,

Sec. 1503(a)(9), Feb. 10, 1996, 110 Stat. 511; Pub. L. 105-85,

div. A, title VI, Sec. 655(b)(1), Nov. 18, 1997, 111 Stat. 1805;

Pub. L. 106-65, div. A, title VI, Sec. 674(a)-(d), Oct. 5, 1999,

113 Stat. 675; Pub. L. 106-398, Sec. 1 ((div. A), title VI, Sec.

662), Oct. 30, 2000, 114 Stat. 1654, 1654A-167; Pub. L. 107-107,

div. A, title III, Sec. 334, Dec. 28, 2001, 115 Stat. 1059; Pub.

L. 107-314, div. A, title III, Sec. 324, Dec. 2, 2002, 116 Stat.

2511.)

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec.

(g)(2)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,

which is classified principally to chapter 12 (Sec. 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.

-MISC2-

AMENDMENTS

2002 - Subsec. (e)(1)(A). Pub. L. 107-314, Sec. 324(a), inserted

''or Navy Exchange Markets'' after ''commissary stores''.

Subsec. (e)(3). Pub. L. 107-314, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 674(c)(3), inserted '',

particularly with respect to nutrition education'' before period at

end.

Subsec. (c)(3). Pub. L. 106-65, Sec. 674(c)(4), added par. (3).

Subsec. (f)(4). Pub. L. 106-65, Sec. 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)))''.

REPORT ON IMPLEMENTATION OF SPECIAL SUPPLEMENTAL FOOD PROGRAM

Section 655(b)(2) of Pub. L. 105-85 provided that: ''Not later

than 90 days after the date of the enactment of this Act (Nov. 18,

1997), the Secretary of Defense shall submit to Congress a report

regarding the intentions of the Secretary regarding implementation

of the program authorized under section 1060a of title 10, United

States Code, including any plans to implement the program.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 1786.

-CITE-