Volume 80 · 1116
Public Law 89–718
To amend titles 10 and 37, United States Code, to codify recent military law, and to improve the Code.
Approved November 2, 1966
Statutory text
AN ACT
To amend titles 10 and 37, United States Code, to codify recent military law, and to improve the Code.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 123 of title 10, United States Code, is amended by striking out “5907,”.
Sec.2.
Section 173(c) of title 10, United States Code, is repealed.
Sec. 3.
Sections 564(a),1164, 1221, 1255(a), 1263(a), 1305(a), 1404 (including the catchline), 3883, 3884, 3885, 3886, 3913(a), 3915, 3916 (a), 3921(a), 3922(a), 3923, 8883, 8884, 8885, 8886, 8913(a),8915(a), 8916(a), 8921 (a), 8922(a), and 8923, and the item relating to section 1404 in the analysis for chapter 71, of title 10, United States Code, are each amended by striking out the figure “47a” wherever it appears and by inserting in place thereof the figure “8301”.
Sec. 4.
Sections 591 (a) and 5792 of title 10, United States Code, are each amended by striking out the figure “16” and inserting in place thereof the figure “3331”.
Sec. 5.
Section 651(a) of title 10, United States Code, is amended
by striking out “enlisted under section 1013 of title 50 or”.
Sec. 6.
Section 687 of title 10, United States Code, is amended—
by striking out the first sentence of subsection (a) and inserting in place thereof the following new sentences: “Except for members covered by subsection (b), a member of a reserve component or a member of the Army or the Air Force without component who is released from active duty involuntarily, or because he was not accepted for an additional tour of active duty for which he volunteered after he had completed a tour of active duty, and who has completed, immediately before his release, at least five years of continuous active duty, is entitled to a readjustment payment computed by multiplying his years of active service (other than in time of war or of national emergency declared by Congress after June 28, 1962), but not more than eighteen, by two months’ basic pay of the grade in which he is serving at the time of his release. However, a member who is released from active duty because his performance of duty has fallen below standards prescribed by the Secretary concerned, or because his retention on active duty is not clearly consistent with the interests of national security, is entitled to a readjustment payment computed on the basis of one-half of one month’s basic pay of the grade in which the member is serving at the time of his release from active duty. A person covered by this subsection may not be paid more than two years’ basic pay of the grade in which he is serving at the time of his release or $15,000, whichever amount is the lesser.”;
by amending clause (3) of subsection (a) by striking out “severance” and inserting in place thereof “readjustment”;
by amending subsection (b) to read as follows:
“(b) Subsection (a) does not apply to a member who—
“(1) is released from active duty at his request;
“(2) is released from active duty for training;
“(3) under regulations to be prescribed by the Secretary of Defense, or by the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy, is released from active duty because of moral or professional dereliction;
“(4) upon release from active duty, is immediately eligible for retired pay or retainer pay based entirely on his military service;
“(5) upon release from active duty, is immediately eligible for severance pay (other than under section 680 of this title) based on his military service and who elects to receive that severance pay; or
“(6) upon release from active duty, is immediately eligible for disability compensation under a law administered by the Veterans’ Administration and who elects to receive that compensation.
However, a member covered by clause (6) may receive a readjustment payment under this section and disability compensation if an amount equal to 75 percent of the readjustment payment is deducted from the disability compensation. This subsection does not prevent a member who elects to receive a readjustment payment under this section from becoming entitled to disability compensation based on his service performed after he makes that election.”; and
by striking out subsection (e), and by adding the following new subsection:
“(f) If a member who received a readjustment payment under this section after June 28, 1962, qualifies for retired pay under any provision of this title or title 14 that authorizes his retirement upon completion of twenty years of active service, an amount equal to 75 percent of that payment, without interest, shall be deducted immediately from his retired pay.”
Sec. 7.
Section 717(b) of title 10, United States Code, is repealed.
Sec. 8.
Sections 802(8), 1072(1), 1073, 1208(a)(2)(B), 1213, 1444(a), 2733(f), 2771(b), 4537, 7204(a)(1)(D), 7205(a)(4), 7211 (a)(4), 7218(b). 7571(a)(3), 7572(a)(3), 7576(a)(3), and 9537 of title 10, United States Code, are each amended by striking out “Coast and Geodetic Survey” and inserting in place thereof “Environmental Science Services Administration”.
Section 1208(a) of title 10, United States Code, is amended by adding the following sentence flush at the end thereof: “For the purpose of clause (2) (B) of this subsection, active service as a member of the Environmental Science Services Administration includes active service as a member of the Coast and Geodetic Survey.”
Sec. 9.
Chapter 57 of title 10, United States Code, is amended by redesignating section 1124, relating to the gold star lapel button, as
Ante, p. 345.
section “1126”, redesignating the corresponding item in the analysis as item “1126”, transferring the section to follow section 1112, and transferring the analysis item to follow that for section 1125.
Ante, p. 339.
Sec. 10.
Section 1124(g) of title 10, United States Code, is amended
by striking out “program report” in the last sentence and inserting in place thereof “progress report”.
Sec. 11.
Section 1478(a)(4) of title 10, United States Code, is
amended by striking out “, United States Code” in two places.
Sec. 12.
Chapter 77 of title 10, United States Code, is amended as follows:
By adding the following new section:
Ҥ1524. Posthumous commissions and warrants: determination of date of death
“For the purposes of sections 1521 and 1522 of this title, in any case where the date of death is established or determined under sections 551–558 of title 37, the date of death is the date the Secretary concerned
Ante, p. 625.
receives evidence that the person is dead, or the date the finding of death is made under section 555 of title 37.”.
By adding the following new item in the analysis:
“1524. Posthumous commissions and warrants: determination of date of death.”
Section 5 of the Act of July 28, 1942, ch. 528, as added by section
Repeal.
1(e) of the Act of July 17, 1953, ch. 220, 67 Stat. 177, is repealed.
Sec. 13.
The analysis of chapter 81 of title 10, United States Code, is amended by striking out the item relating to section 1580.
76 Stat. 519; Ante, p. 663.
Sec. 14.
Section 1583 of title 10, United States Code, is amended as follows:
By striking out the designation “(a)” at the beginning thereof.
By repealing subsection (b).
Sec. 15.
Section 1586 of title 10, United States Code, is amended by
striking out the reference “section 12 of the Act of June 27, 1944 (5 U.S.C. 861)” wherever it appears and inserting in place thereof “sections 3501—3503 of title 5”.
Ante, p. 428.
Sec. 16.
Section 2031 (d) of title 10, United States Code, is
amended—
by striking out “retired” at the beginning of clause (1) and inserting in place thereof “Retired”; and
by striking out “notwithstanding” at the beginning of clause (2) and inserting in place thereof “Notwithstanding”.
Sec. 17.
Section 2109(b) (3) of title 10, United States Code, is amended by inserting “and” at the end thereof.
Sec. 18.
Section 2110(a)(1) of title 10, United States Code, is amended by striking out “education” and inserting in place thereof “educational”.
Sec. 19.
Section 2237(a) of title 10, United States Code, is amended by striking out “the Chief of the Bureau of Yards and Docks of the Navy” and inserting in place thereof “the head of such office or agency in the Department of the Navy as the Secretary of the Navy may designate”.
Sec. 20.
Section 2680(a) of title 10, United States Code, is amended by striking out “1001 and 1003—1011” and inserting in place thereof “551–559 and 701–706”.
Sec. 21.
Chapter 163 of title 10, United States Code, is amended by redesignating section 2736, relating to property loss, or personal injury or death, incident to the use of property of the United States and not cognizable under other law, as section “2737”.
Chapter 163 of title 10, United States Code, is further amended by redesignating item 2736 of the analysis, relating to property loss, or personal injury or death, incident to the use of property of the United States and not cognizable under other law, as item “2737”.
Sec. 22.
Section 3012(b) of title 10, United States Code, is amended to read as follows:
“(b) The Secretary is responsible for and has the authority necessary to conduct all affairs of the Department of the Army, including—
“(1) functions necessary or appropriate for the training, operations, administration, logistical support and maintenance, welfare, preparedness, and effectiveness of the Army, including research and development;
“(2) direction of the construction, maintenance, and repair of buildings, structures, and utilities for the Army;
“(3) acquisition of all real estate and the issue of licenses in connection with Government reservations;
“(4) operation of water, gas, electric, and sewer utilities; and
“(5) such other activities as may be prescribed by the President or the Secretary of Defense as authorized by law.
He shall perform such other duties relating to Army affairs, and conduct the business of the Department in such manner, as the President or the Secretary of Defense may prescribe. The Secretary is responsible to the Secretary of Defense for the operation and efficiency of the Department. After first informing the Secretary of Defense, the Secretary may make such recommendations to Congress relating to the Department of Defense as he may consider appropriate.”
Sec. 23.
Sections 3017 and 8017 of title 10, United States Code, are each amended by striking out the figure “6” wherever it appears and inserting in place thereof the figure “3347”.
Sec. 24.
Section 3036(a) of title 10, United States Code, is amended to read as follows:
“(a) There are in the Army the following officers:
“(1) Chief of Engineers.
“(2) Surgeon General.
“(3) Judge Advocate General.
“(4) Chief of Chaplains.”
Sec. 25.
Section 3038 of title 10, United States Code, is repealed.
Repeal.
The analysis of chapter 305 of title 10, United States Code, is amended by striking out the following item:
Sec. 26.
Section 3533 of title 10, United States Code, is amended by striking out “upon the recommendation of the Chief of Engineers, and”.
Sec. 27.
Section 4508 of title 10, United States Code, is amended by striking out “Chief of Ordnance” wherever it appears and inserting in place thereof “Secretary”.
Sec. 28.
Sections 4540(c), 7212(a), and 9540(c) of title 10, United States Code, are each amended by striking out “1071–1153” and inserting in place thereof “305, 3324, 5101–5115, 5331–5338, 5341, 5342, and 7154”.
Sec. 29.
Section 4565(a) of title 10, United States Code, is amended by striking out “Quartermaster General” and inserting in place thereof “Secretary”.
Sec. 30.
Section 4712(a) of title 10, United States Code, is amended by striking out “the court-martial jurisdiction of the Army or the Air Force” and inserting in place thereof “military law”.
Sec. 31.
Section 4834 of title 10, United States Code, is amended by striking out the designation “(a)” and subsection (b).
Sec. 32.
Section 5036(a) of title 10, United States Code, is amended by striking out “and the Assistant Secretary of the Navy for Air” and “and the Assistant Secretary for Air”.
Sec. 33.
Chapter 509 of title 10, United States Code, is amended by striking cut “and Chief of Naval Material” in the catchline of section 5082 and in the corresponding item in the analysis and by amending section 5082(a) to read as follows:
“(a) To coordinate military operations and their support effectively, the Chief of Naval Operations, under the direction of the Secretary of the Navy, shall—
“(1) determine the personnel and the material requirements of the operating forces, including the order in which ships, aircraft, surface craft, weapons, and facilities are to be constructed, maintained, altered, repaired, and overhauled; and
“(2) coordinate and direct the efforts of the bureaus and offices of the executive part of the Department of the Navy as may be necessary to make available and distribute, when and where needed, the personnel and material required.”
Sec. 34.
Chapter 511 of title 10. United States Code, is repealed.
The chapter analysis of subtitle C of title 10, United States Code, and the chapter analysis of part I of subtitle C of title 10 are each amended by striking out the following item:
Sec. 35.
Chapter 513 of title 10, United States Code, is amended by—
striking out clauses (3)-(6) in section 5131;
amending the catchline of section 5133 and the corresponding item in the analysis by inserting “and Judge Advocate General” after “Bureau Chiefs” in each case;
striking out “Chief of the Bureau of Naval Weapons” in section 5133(a) and inserting in place thereof “Judge Advocate General”;
inserting “or the Judge Advocate General” after the words “chief of bureau” wherever they appear in the first sentences of sections 5133(a) and 5133(b); and
repealing sections 5145, 5146, 5147, and 5154 and striking out the corresponding items in the analysis.
Sec. 36.
Chapter 513 of title 10, United States Code, is amended by striking out “pay,” in item 5149 of the analysis and in the catchline for section 5149.
Sec. 37.
Subsections (b) and (c) of section 6970 of title 10, United States Code, are amended to read as follows:
“(b) Under such regulations as the Secretary prescribes, the store-keeper shall make quarterly returns of the property to the head of such office or agency in the Department of the Navy as the Secretary may designate. The officer so designated shall report annually to the Secretary the receipts and expenditures under this section.
“(c) The storekeeper’s accounts shall lie inspected quarterly by the inspector general of the Supply Corps. A report of the inspection, with any recommendation of the inspector general, shall be made to the person designated by the Secretary under subsection (b).”
Sec. 38.
Section 6971(a) of title 10, United States Code, is amended by striking out “Bureau of Supplies and Accounts” and inserting in place thereof “person designated by the Secretary of the Navy under section 6970(b) of this title”.
Sec. 39.
Section 7083 of title 10, United States Code, is amended by striking out “through the Chief, Field Branch, Bureau of Supplies and Accounts,”.
Sec. 40.
Section 7086(g) of title 10, United States Code, is amended by striking out “sections 751–756, 757–791, and 793” and inserting in place thereof “chapter 81”.
Sec. 41.
Section 7303(a) of title 10, United States Code, is amended by striking out “The Bureau of Ships” and inserting in place thereof “An office or agency in the Department of the Navy designated by the Secretary of the Navy”.
Sec. 42.
Section 7306 of title 10, United States Code., is amended as follows:
By striking out the designation “(a)” at the beginning thereof.
By repealing subsection (b).
Sec. 43.
The analysis of chapter 643 of title 10, United States Code,
Ante, p. 663.
is amended by striking out the item relating to section 7474.
Sec. 44.
Section 7604(a) of title 10, United States Code, is amended by striking out “Bureau of Supplies and Accounts” and inserting in place thereof “office or agency in the Department of the Navy designated by the Secretary”.
Sec. 45.
The last sentence of section 8031 (c) of title 10, United States Code, is amended by striking out “quarterly” and inserting in place
thereof “annually”.
Sec. 46.
Section 9343 of title 10, United States Code, is amended by
striking out “faculty” in the first sentence and inserting in place thereof “Academy Board”.
Sec. 47.
Section 9346 of title 10, United States Code, is amended
by adding the following new subsection:
“(d) To be admitted to the Academy, an appointee must take and subscribe to an oath prescribed by the Secretary of the Air Force. If a candidate for admission refuses to take and subscribe to the prescribed oath, his appointment is terminated.”
Sec. 48.
Section 9712(a) of title 10, United States Code, is amended by striking out “the court-martial jurisdiction of the Air Force or the Army” and inserting in place thereof “military law”.
Sec. 49.
Title 37, United States Code, is amended as follows:
Sections 101(3) and (5)(E) 201 (third column of table),
205(a)(5), 403(e), 501 (b) and (e), 502(a), 503, 706 (catchline and text), 801(c), and 1001 (b) are each amended by striking out “Coast and Geodetic Survey” and inserting in place thereof “Environmental Science Services Administration”.
Section 414(a)(2) is amended by striking out “, or as Director of the Coast and Geodetic Survey”.
The analysis of chapter 13 is amended by striking out the following item:
and inserting in place thereof:
Section 205(a) of title 37, United States Code, is amended by adding the following sentence at the end thereof: “For the purpose of clause (5) of this subsection, periods during which a member was a deck officer or junior engineer in the Environmental Science Services Administration includes periods during which a member was a deck officer or junior engineer in the Coast and Geodetic Survey.”
Sec. 50.
Section 202 of title 37, United States Code, is amended—
by striking out the words “or as Chief of the Bureau of Naval Weapons” in subsection (g); and
by striking out clause (2) in subsection (h).
Sec. 51.
Section 209 of title 37, United States Code, is amended—
by striking out United States Code, “ by striking out “twenty” and inserting in place thereof “20“201D;, and by striking out “section 6(d) (1) of the Universal Military Training and Service Act, as amended (50 U.S.C. App. 456(d)(1))” and inserting in place thereof “section 456(d)(1) of title 50, appendix”, in subsection (a); and
by striking out “, United States Code,” in subsection (c).
Sec. 52.
Section 301(a)(2) of title 37, United States Code, is
amended to read as follows:
“(2) as determined by the Secretary concerned, on a submarine (including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto), or, in the case of personnel qualified in submarines, as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations—
“(A) during one calendar month: 48 hours;
“(B) during any two consecutive calendar months when the requirements of clause (A) above have not been met: 96 hours; or
“(C) during any three consecutive calendar months when the requirements of clause (B) above have not been met: 144 hours;
as a prospective crew-member of submarine being constructed, and during periods of instruction to prepare for assignment to a submarine of advanced design or a position of increased responsibility on a submarine
Sec. 53.
Section 302(b)(3) of title 37, United States Code, is amended by striking out “and” at the end thereof and inserting in place thereof “or”.
Sec. 54.
Section 403(a) of title 37, United States Code, is amended to read as follows:
“(a) Except as otherwise provided by this section or by another law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for quarters at the following monthly rates according to the pay grade in which he is assigned or distributed for basic pay purposes:
“Pay grade Without dependents With dependents 0–10 $160. 20 $201. 00 0–9 160. 20 201. 00 0–8 160. 20 201. 00 0–7 160. 20 201. 00 0–6 140. 10 170. 10 0–5 130. 20 157. 50 0–4 120. 00 145. 05 0–3 105. 00 130. 05 0–2 95. 10 120. 00 0–1 85. 20 110. 10 W–4 120. 00 145. 05 W–3 105. 00 130. 05 W–2 95. 10 120. 00 W–l 85. 20 110. 10 E–9 85. 20 120. 00 E–8 85. 20 120. 00 E–7 75. 00 114. 90 E–6 70.20 110. 10 E–5 70. 20 105. 00 E–4 (over 4 years’ service) 70. 20 105. 00 E–4 (4 years’ or less service) 45. 00 45. 00 E–3. 45. 00 45. 00 E–2 45. 00 45. 00 E–1 45. 00 45. 00 A member in pay grade E–4 (less than four years’ service), E–3, E–2, or E–1 is considered at all times to be without dependents.”
Sec. 55.
Section 404(d) of title 37, United States Code, is amended—
by striking out “by the Chief of Finance of the Army” in clause (1);
by striking out “section” in clause (2) and inserting in place thereof “subsection”;
by striking out “$12” in clause (2) and inserting in place thereof “$16”;
by striking out “section” in clause (3) and inserting in place thereof “subsection”; and
by adding at the end thereof the following new flush sentence:
“Where due to unusual circumstances of a travel assignment the maximum per diem allowance would be less than the amount required to meet the actual and necessary expenses of the trip, reimbursement for such expenses may be authorized, under regulations prescribed by the Secretaries concerned, on an actual expense basis, but not more than the amount specified in the travel authorization, and in any event not more than $30 for each day in a travel status.”
Sec. 56.
Section 404(e) of title 37, United States Code, is amended by striking out “Military Air Transport Service” and inserting in place thereof “Military Airlift Command”.
Sec. 57.
Section 405 of title 37, United States Code, is amended by striking out “a” after “including” in the first sentence and inserting in place thereof “the”.
Sec. 58.
Section 406 of title 37, United States Code, is amended—
by striking out “temporary or permanent change of station” in subsection (b) and inserting in place thereof “change of temporary or permanent station”; and
by inserting “is” before “placed” in subsection (g)(1).
Sec. 59.
The last sentence of section 406(g) of title 37, United States Code, is amended by striking out “members’ ” and inserting in place thereof “member’s”.
Sec. 60.
Section 407 of title 37, United States Code, is amended by striking out “permanent change of station” in subsections (a) and (b) (2) and inserting in place thereof “change of permanent station”.
Sec. 61.
Section 409 of title 37, United States Code, is amended by
striking out “goods” in the first sentence and inserting in place thereof “effects”.
Sec. 62.
Section 409 of title 37, United States Code, is amended by striking out “forty-eight” in the last sentence and inserting in place thereof “48”.
Sec. 63.
Sections 415(a), 416(b), and 422(c) of title 37, United States Code, are each amended by striking out “, United States Code,”.
Sec. 64.
Section 419 of title 37, United States Code, is amended by
striking out “716” wherever that figure appears and inserting in place thereof “717”.
Sec. 65.
The last sentence of section 501 (d) of title 37, United States Code, is amended by striking out “sixty” and inserting in place
thereof “60”.
Sec. 66.
The catchline of section 604 of title 37, United States Code,
is amended by striking out “the”.
Sec. 67.
Section 701 (d) of title 37, United States Code, is amended by striking out “Chief of Finance (in cases involving the Army) or by the Secretary of the Air Force.” and inserting in place thereof “Secretary concerned”.
Sec. 68.
Section 801 of title 37, United States Code, is amended—
by striking out subsection (b); and
by striking out “two” in subsection (c) and inserting in place thereof “three”.
Sec. 69.
Section 1001(b) of title 37, United States Code, is amended by inserting “and allowances” before “matters”.
Sec. 70.
Section 1006 of title 37, United States Code, is amended by redesignating subsection “(g)” (relating to advance payment of pay and allowances to members of the armed forces), as subsection
Sec. 71.
Section 1007(a) of title 37, United States Code, is amended by striking out the figure “82” and by inserting in place thereof the figure “5512”.
Sec. 72.
Section 1007 (c) of title 37, United States Code, is amended by striking out “basic” in the second sentence.
Sec. 73.
The Act of September 7, 1962, Public Law 87–649 (76 Stat. 451), is amended as follows:
The first sentence of section 10 (76 Stat 496) is amended by striking out “(64 Stat. 795)” and inserting in place thereof “(64 Stat. 794)”.
Section 14b, headed “Statutes at Large” (76 Stat. 498), is amended by striking out, in the item relating to the Act of September 8, 1950, “1,4,”, “794,795,”, and “231,252,”.
Section 14d, headed “Sections of Title 14, United States Code” (76 Stat. 502), is amended by adding at the end thereof the following:
“(7) Section 471 (a) and (b).”
Clause (2) of subsection (a) of this section is effective as of November 1, 1962.
Section 461 of title 14, United States Code, is amended by striking out the designation “(c)” and by amending the catchline to read as follows:
“§ 461. Remission of indebtedness of enlisted members upon discharge”.
The item in the analysis of chapter 13 of title 14, United States Code, relating to section 461 is amended to read as follows:
“461. Remission of indebtedness of enlisted members upon discharge.”
Sec. 74.
Laws becoming effective after June 1, 1965, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency.
References made by other laws, regulations, and orders to the laws restated by this Act shall be considered to be made to the corresponding provisions of this Act.
Actions taken under the laws restated by this Act shall be considered to have been taken under the corresponding provisions of this Act.
Sec. 75.
The following laws are repealed except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this Act:
Section 1409 of the Supplemental Appropriation Act, 1953 (66 Stat. 661), as amended by section 2 of the Act of October 9, 1962, Public Law 87–777 (76 Stat. 777).
Section 1309 of the Supplemental Appropriation Act, 1954
(67 Stat. 437), as amended by section 2 of the Act of October 9, 1962, Public Law 87–777 (76 Stat. 777).
The Act of June 27, 1962, Public Law 87–500 (76 Stat. 111)
Section 1 of the Act of June 28, 1962, Public Law 87–509 (76 Stat. 120).
Section 1 of the Act of July 10, 1962, Public Law 87–531 (76 Stat. 152).
The Act of October 9, 1962, Public Law 87–777 (76 Stat. 777).
Section 6112 of title 10, United States Code.
Approved November 2, 1966.