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Title 10 — Armed Forces

Part II · Chapter 53 — Miscellaneous Rights and Benefits

§ 1033. Participation in management of specified non-Federal entities: authorized activities

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. A title V § 593(a)(1) · 111 Stat. 1629

    Enacted · 10 U.S.C. § 1033

    Added Pub. L. 105–85, div. A, title V, § 593(a)(1), Nov. 18, 1997, 111 Stat. 1762

    Source evidence

    Code source credit
    Added Pub. L. 105–85, div. A, title V, § 593(a)(1), Nov. 18, 1997, 111 Stat. 1762

    Enacted provision · exact public law section
    (1) Chapter 53 of title 10, United States Code, is amended by inserting after section 1032 the following new section: “§ 1033. Participation in management of specified non-Federal entities: authorized activities “(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 Transportation 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). “(c) Publication of Designated Entities and of Authorized Persons.— A designation of an entity under subsection (b), and Federal Register, publication. 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 Transportation 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.”.

  2. Pub. L. 106–65 div. A title V § 583 · 113 Stat. 512

    Added · 10 U.S.C. § 1033(b)(3)(E)

    Pub. L. 106–65 added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (b)(3)(E). Pub. L. 106–65 added subpar. (E).

    Enacted provision · exact public law section
    SEC. 583. PARTICIPATION OF MEMBERS IN MANAGEMENT OF ORGANIZATIONS ABROAD THAT PROMOTE INTERNATIONAL UNDERSTANDING. Section 1033(b)(3) of title 10, United States Code, is amended by inserting after subparagraph (D) the following new subparagraph: “(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.”.

  3. Homeland Security Act of 2002

    Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135

    Substituted · 10 U.S.C. § 1033(b)(1); 10 U.S.C. § 1033(b)(d)

    Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

    Source evidence

    Code amendment note
    Subsecs. (b)(1), (d). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

    Enacted provision · exact public law section
    (1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

    Effective date note
    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.

3 of 3 references resolved to an enrolled provision

Editorial Notes

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, §§ 1662(g)(2), 1691, , 108 Stat. 2996, 3026, eff. .

Amendments1999–2002 · 2 rounds

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).

Statutory Notes and Related Subsidiaries

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.

Credits

1997–2002 · 3 acts
  1. 1997Added Pub. L. 105–85, div. A, title V, § 593(a)(1), , 111 Stat. 1762
  2. 1999amended Pub. L. 106–65, div. A, title V, § 583, , 113 Stat. 634
  3. 2002Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314.
Show as published

(Added Pub. L. 105–85, div. A, title V, § 593(a)(1), , 111 Stat. 1762; amended Pub. L. 106–65, div. A, title V, § 583, , 113 Stat. 634; Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314.)

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