US (United States) Code. Title 10. Subtitle B. Part II: Chapter 343: Special appointments, assignments, details

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

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 15 páginas
publicidad

-CITE-

10 USC CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS,

DETAILS, AND DUTIES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

.

-HEAD-

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-MISC1-

Sec.

(3531, 3532. Repealed.)

3533. Corps of Engineers: assignment or transfer of officers to

duties involving civil functions.

3534. Corps of Engineers: detail of officers to assist Mayor of

District of Columbia.

(3535. Repealed.)

3536. Leader of Army Band: appointment.

(3538 to 3542. Repealed.)

3543. Aides: detail; number authorized.

(3544 to 3546. Repealed.)

3547. Duties: chaplains; assistance required of commanding

officers.

3548. Duties: warrant officers; limitations.

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1672(b)(5), Oct.

5, 1994, 108 Stat. 3015, struck out items 3541 ''National Guard

Bureau: assignment of officers of regular or reserve components''

and 3542 ''Chief and assistant chief of staff of divisions of Army

National Guard in Federal service: detail''.

1980 - Pub. L. 96-513, title V, Sec. 502(13), 512(5)(C), Dec. 12,

1980, 94 Stat. 2910, 2929, struck out items 3531 ''Chief of Staff

to President: appointment'', 3532 ''Assistant to Comptroller of

Department of Defense: detail, grade'', and 3535 ''Assistant to

Chief of Engineers'', and in item 3534 substituted ''Mayor'' for

''Commissioner''.

1968 - Pub. L. 90-623, Sec. 2(6), Oct. 22, 1968, 82 Stat. 1314,

substituted ''Corps of Engineers: detail of officers to assist

Commissioner of District of Columbia'' for ''Engineer Commissioner

of the District of Columbia; assistants; detail'' in item 3534.

Pub. L. 90-235, Sec. 4(a)(3), (10), (b)(2), Jan. 2, 1968, 81

Stat. 759, 760, struck out item 3538 ''Geological Survey: detail of

officers of Ordinance Corps'', item 3539 ''American National Red

Cross: detail of officers of Army Medical Service'', item 3544

''Duties: regular officers; performance of civil functions

restricted'', and item 3545 ''Duties: officers; superintendence of

cooking for enlisted members''.

1964 - Pub. L. 88-647, title III, Sec. 301(8), Oct. 13, 1964, 78

Stat. 1071, struck out item 3540 ''Educational institutions: detail

of members of regular or reserve components as professors and

instructors in military science and tactics''.

1958 - Pub. L. 85-861, Sec. 1(84), Sept. 2, 1958, 72 Stat. 1481,

struck out item 3546 ''Duties: officers of Medical Corps, contract

surgeons; attendance on families of members''.

-CITE-

10 USC Sec. 3531, 3532 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-HEAD-

(Sec. 3531, 3532. Repealed. Pub. L. 96-513, title II, Sec. 233(a),

234, Dec. 12, 1980, 94 Stat. 2887)

-MISC1-

Section 3531, act Aug. 10, 1956, ch. 1041, 70A Stat. 201,

authorized the President, by and with the consent of the Senate, to

appoint a general officer of the Army as the Chief of Staff to the

President, which officer, unless entitled to the rank, pay, and

allowances of a grade above lieutenant general under another

provision of law, is entitled to the rank, pay, and allowances of a

general, and is in addition to the numbers otherwise authorized for

that grade.

Section 3532, act Aug. 10, 1956, ch. 1041, 70A Stat. 201,

provided that a colonel on the active list of the Regular Army who

is detailed as special assistant to the Comptroller of the

Department of Defense, has the grade of brigadier general while so

serving, unless he is entitled to a higher grade.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 3533 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-HEAD-

Sec. 3533. Corps of Engineers: assignment or transfer of officers

to duties involving civil functions

-STATUTE-

Officers of the Corps of Engineers may be assigned or transferred

to and from duties involving the civil functions of the Corps of

Engineers only with the approval of the Secretary of the Army.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 201; Pub. L. 89-718, Sec. 26,

Nov. 2, 1966, 80 Stat. 1119.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3533 10:506(c) (proviso). Aug. 7, 1947, ch.

512, Sec. 502(c)

(proviso), 61 Stat.

883.

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

The words ''and reassignments'' are omitted as surplusage.

AMENDMENTS

1966 - Pub. L. 89-718 struck out provisions requiring the

recommendation of the Chief of Engineers in order to transfer

officers of the Corps of Engineers to or from the civil functions

of the Corps of Engineers.

-CITE-

10 USC Sec. 3534 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-HEAD-

Sec. 3534. Corps of Engineers: detail of officers to assist Mayor

of District of Columbia

-STATUTE-

The President may detail not more than three officers assigned to

the Corps of Engineers to assist the Mayor of the District of

Columbia in discharging his duties.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 201; Pub. L. 90-623, Sec. 2(5),

Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96-513, title V, Sec.

512(5)(A), (B), Dec. 12, 1980, 94 Stat. 2929.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3534(a) 3534(b) 10:189 (less 1st June 11, 1878, ch.

sentence). 10:190. 180, Sec. 2 (48th

through 56th words

of 1st sentence,

and 2d sentence),

20 Stat. 103.

June 11, 1878, ch.

180, Sec. 5 (last

sentence); restated

Aug. 7, 1894, ch.

232 (proviso under

''For Engineer's

Office''), 28 Stat.

246.

Mar. 3, 1881, ch.

134 (words after

last semicolon of

1st par. under

''General

Expenses''), 21

Stat. 460.

Dec. 24, 1890, J.

Res. 7 (last

sentence), 26 Stat.

1113.

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

In subsection (a), the words ''whose grade is above first

lieutenant'' are substituted for the words ''from among the

captains or officers of higher grade''. The words ''in the

discretion of'' and ''from time to time, from the Corps of

Engineers, by the President, for this duty'' are omitted as

surplusage. 10:189 (last sentence) is omitted as obsolete.

In subsections (a) and (b), the words ''assigned to'' are

substituted for the word ''of'', since, under section 3063 of this

title, officers are assigned to, rather than commissioned in, the

Corps of Engineers.

In subsection (b), the words ''assist that officer'' are

substituted for the words ''act as assistants to said engineer

commissioner''. The words ''his duties'' are substituted for the

words ''the special duties imposed upon him''.

AMENDMENTS

1980 - Pub. L. 96-513 substituted ''Mayor'' for ''Commissioner''

in section catchline and text.

1968 - Pub. L. 90-623 substituted ''Corps of Engineers: detail of

officers to assist Commissioner of District of Columbia'' for

''Engineer Commissioner of the District of Columbia; assistants:

detail'' as section catchline and struck out provisions for the

appointment of an Engineer Commissioner of the District of

Columbia.

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.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of Title

5, Government Organization and Employees.

-CITE-

10 USC Sec. 3535 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-HEAD-

(Sec. 3535. Repealed. Pub. L. 96-513, title II, Sec. 235, Dec. 12,

1980, 94 Stat. 2887)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 201, provided

that an officer assigned as Assistant to the Chief of Engineers in

charge of civil works, including river and harbor and flood control

improvements, be entitled to the rank, pay, and allowances of a

brigadier general while so serving.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 3536 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-HEAD-

Sec. 3536. Leader of Army Band: appointment

-STATUTE-

(a) The Secretary of the Army may appoint the leader of the Army

band from the warrant officers of the Regular Army. The leader

serves during the pleasure of the Secretary and may be returned to

his former status in the discretion of the Secretary.

((b) Repealed. Pub. L. 87-649, Sec. 14c(5), Sept. 7, 1962, 76

Stat. 501.)

(c) Upon retirement, the leader of the Army band has the grade of

warrant officer, with the retired pay to which he would have been

entitled had he not been appointed leader.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 201; Pub. L. 87-649, Sec.

14c(5), Sept. 7, 1962, 76 Stat. 501.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3536(a) 10:11 (1st sentence, Mar. 3, 1925, ch.

less last 85 words; 412, 43 Stat. 1100.

and 2d sentence).

3536(b) 10:11 (last 85 words

of 1st sentence).

3536(c) 10:11 (less 1st and

2d sentences).

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

In subsection (a), the word ''may'' is substituted for the words

''is authorized''. The first nine words of the second sentence are

substituted for 10:11 (1st 15 words of 2d sentence).

In subsection (b), the word ''basic'' is substituted for the word

''base'' to conform to the Career Compensation Act of 1949, 63

Stat. 802 (37 U.S.C. 231 et seq.). The words ''pay and allowances

of a captain, and is entitled to be credited for pay purposes with

all service which may be credited under section 233 of title 37''

are substituted for 10:11 (last 64 words of 1st sentence). The

words ''in lieu of any and all pay and allowances as a warrant

officer'' are omitted as surplusage.

In subsection (c), 10:11 (1st proviso of last sentence) is

omitted as executed. 10:11 (last proviso of last sentence) and the

words ''and received the pay and allowances of'' are omitted as

surplusage.

AMENDMENTS

1962 - Subsec. (b). Pub. L. 87-649 repealed subsec. (b) which

related to the basic pay and allowances of the leader of the Army

band, and is now covered by sections 207 and 424 of Title 37, Pay

and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-649 effective on Nov. 1, 1962, see

section 15 of Pub. L. 87-649, set out as an Effective Date note

preceding section 101 of Title 37, Pay and Allowances of the

Uniformed Services.

-CITE-

10 USC Sec. 3538, 3539 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-HEAD-

(Sec. 3538, 3539. Repealed. Pub. L. 90-235, Sec. 4(a)(2), (b)(1),

Jan. 2, 1968, 81 Stat. 759, 760)

-MISC1-

Section 3538, act Aug. 10, 1956, ch. 1041, 70A Stat. 202,

provided for detail of officers of Ordinance Corps of the Army to

serve with the Geological Survey.

Section 3539, act Aug. 10, 1956, ch. 1041, 70A Stat. 202,

provided for detail of officers of Army Medical Service for duty

with the Service to Armed Forces Division of American National Red

Cross and for detail of an officer of Medical Corps of the Army to

be in charge of first-aid department of American National Red

Cross. See section 711a of this title.

-CITE-

10 USC Sec. 3540 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-HEAD-

(Sec. 3540. Repealed. Pub. L. 88-647, title III, Sec. 301(7), Oct.

13, 1964, 78 Stat. 1071)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 202, related to

detail of members of regular or reserve components as professors

and instructors in military science and tactics to educational

institutions, and is covered by section 2111 of this title.

-CITE-

10 USC Sec. 3541, 3542 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-HEAD-

(Sec. 3541, 3542. Repealed. Pub. L. 103-337, div. A, title XVI,

Sec. 1661(c)(2), 1662(g)(2), Oct. 5, 1994, 108 Stat. 2982,

2996)

-MISC1-

Section 3541, act Aug. 10, 1956, ch. 1041, 70A Stat. 202,

authorized President to assign regular and reserve Army officers to

National Guard Bureau. See section 10507 of this title.

Section 3542, act Aug. 10, 1956, ch. 1041, 70A Stat. 202,

authorized President to detail certain officers as chief and

assistant chief of staff of divisions of Army National Guard in

Federal service. See section 12502(a) of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of this title.

-CITE-

10 USC Sec. 3543 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-HEAD-

Sec. 3543. Aides: detail; number authorized

-STATUTE-

(a) Each major general of the Army is entitled to three aides

selected by him from commissioned officers of the Army in any grade

below major.

(b) Each brigadier general of the Army is entitled to two aides

selected by him from commissioned officers of the Army in any grade

below captain.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 202.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3543(a) 10:498 (1st 20 R.S. 1098.

words).

3543(b) 10:498 (less 1st 20

words).

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

In subsection (a), the words ''commissioned officers * * * in any

grade below major'' are substituted for the words ''captains or

lieutenants''.

In subsections (a) and (b), the words ''is entitled to'' are

substituted for the words ''shall have''.

In subsection (b), the words ''commissioned officers in any grade

below captain'' are substituted for the word ''lieutenants''.

-CITE-

10 USC Sec. 3544, 3545 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-HEAD-

(Sec. 3544, 3545. Repealed. Pub. L. 90-235, Sec. 4(a)(6), (b)(1),

Jan. 2, 1968, 81 Stat. 759, 760)

-MISC1-

Section 3544, act Aug. 10, 1956, ch. 1041, 70A Stat. 203,

restricted performance of civil functions by commissioned officers

of Regular Army. See section 973 of this title.

Section 3545, act Aug. 10, 1956, ch. 1041, 70A Stat. 203,

provided that cooking for enlisted members of Army should be

superintended by officers of organizations to which members

belonged.

-CITE-

10 USC Sec. 3546 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-HEAD-

(Sec. 3546. Repealed. Pub. L. 85-861, Sec. 36B(7), Sept. 2, 1958,

72 Stat. 1570)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 203, required

officers of the Medical Corps and contract surgeons to attend

families of members of the Army.

-CITE-

10 USC Sec. 3547 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-HEAD-

Sec. 3547. Duties: chaplains; assistance required of commanding

officers

-STATUTE-

(a) Each chaplain shall, when practicable, hold appropriate

religious services at least once on each Sunday for the command to

which he is assigned, and shall perform appropriate religious

burial services for members of the Army who die while in that

command.

(b) Each commanding officer shall furnish facilities, including

necessary transportation, to any chaplain assigned to his command,

to assist the chaplain in performing his duties.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 203.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3547(a) 10:238. R.S. 1125.

3547(b) 10:239. R.S. 1127.

(Uncodified: Feb. 2, Feb. 2, 1901, ch.

1901, ch. 192, Sec. 192, Sec. 12 (last

12 (last sentence), sentence), 31 Stat.

31 Stat. 750). 750.

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

In subsection (a), the words ''members of the Army'' are

substituted for the words ''officers and soldiers''.

In subsection (b), the words ''regiments, hospitals, and posts'',

in 10:239, are omitted, since at the time of the enactment of

section 1127 of the Revised Statutes, chaplains were authorized

only for regiments, hospitals, and posts. The revised section

preserves the broad coverage of the original statute. The words

''Each commanding officer shall'' are substituted for the words

''It shall be the duty of commanders'', in 10:239. The word

''furnish'' is substituted for the words ''to afford'', in 10:239.

The words ''including necessary transportation'' are substituted

for the last sentence of section 12 of the Act of February 2, 1901,

ch. 192, 31 Stat. 750. The words ''his command'' are substituted

for the words ''the same'', in 10:239. The words ''to assist'' are

substituted for the words ''as may aid them'', in 10:239.

-CITE-

10 USC Sec. 3548 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 343 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND

DUTIES

-HEAD-

Sec. 3548. Duties: warrant officers; limitations

-STATUTE-

Under regulations prescribed by the President, a warrant officer

may be assigned to perform duties that necessarily include those

normally performed by a commissioned officer.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 203.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3548 10:593 (1st Aug. 21, 1941, ch.

sentence). 384, Sec. 4 (1st

sentence), 55 Stat.

653.

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

10:593 (1st sentence, less provisos) is omitted as superseded by

section 3012(e) of this title. 10:593 (last proviso) is omitted as

covered by section 936(a)(4) of this title (article 136(a)(4) of

the Uniform Code of Military Justice). The words ''may be

assigned'' are substituted for the words ''shall be vested with

power to''.

-CITE-