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Title 10 — Armed Forces

Part II · Chapter 53 — Miscellaneous Rights and Benefits

§ 1037. Counsel before foreign judicial tribunals and administrative agencies; court costs and bail

Statutory text

(a)

Under regulations to be prescribed by him, the Secretary concerned may employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation, before the judicial tribunals and administrative agencies of any foreign nation, of persons subject to the Uniform Code of Military Justice and of persons not subject to the Uniform Code of Military Justice who are employed by or accompanying the armed forces in an area outside the United States and the territories and possessions of the United States, the Northern Mariana Islands, and the Commonwealth of Puerto Rico. So far as practicable, these regulations shall be uniform for all armed forces.

(b)

The person on whose behalf a payment is made under this section is not liable to reimburse the United States for that payment, unless he is responsible for forfeiture of bail provided under subsection (a).

(c)

Appropriations available to the military department concerned or the Department of Homeland Security, as the case may be, for the pay of persons under its jurisdiction may be used to carry out this section.

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. Pub. L. 85–861 § 1(24)(A) · 72 Stat. 1437

    Enacted · 10 U.S.C. § 1037

    Added Pub. L. 85–861, § 1(24)(A), Sept. 2, 1958, 72 Stat. 1445

    Source evidence

    Code source credit
    Added Pub. L. 85–861, § 1(24)(A), Sept. 2, 1958, 72 Stat. 1445

    Enacted provision · exact public law section
    (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

  2. Defense Officer Personnel Management Act

    Pub. L. 96–513 title I § 511(31) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 1037(c)

    Pub. L. 96–513 substituted “Department of Transportation” for “Department of the Treasury”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–513 substituted “Department of Transportation” for “Department of the Treasury”.

    Enacted provision · exact public law section
    (31) Section 1037(c) is amended by striking out “Department of the Treasury” and inserting in lieu thereof “Department of Transportation”.

  3. Department of Defense Authorization Act, 1986

    Pub. L. 99–145 title VI § 681(a) · 99 Stat. 583

    Changed · 10 U.S.C. § 1037(a)

    Pub. L. 99–145 provided for payment of expenses for legal representation of civilians overseas

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–145 provided for payment of expenses for legal representation of civilians overseas.

    Enacted provision · exact public law section
    (a) In General.— Section 1037(a) of title 10, United States Code, is amended by striking out the period at the end of the first sentence and inserting in lieu thereof “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.”.

  4. Homeland Security Act of 2002

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

    Substituted · 10 U.S.C. § 1037(c)

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

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–296 substituted “Department of Homeland Security” for “Department 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.

4 of 4 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
1037(a)50:751.50:752.July 24, 1956, ch. 689 (less § 3), 70 Stat. 630.
1037(b)50:754.
1037(c)50:755.

In subsection (a), the words “Under regulations to be prescribed by him” and the last sentence are substituted for 50:752.

In subsection (b), the words “subject to the Uniform Code of Military Justice” are omitted as surplusage.

In subsection (c), the words “the terms and provisions of” are omitted as surplusage.

Editorial Notes

References in Text

The Uniform Code of Military Justice, referred to in subsec. (a), is classified to chapter 47 (§ 801 et seq.) of this title.

Amendments1980–2002 · 3 rounds

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”.

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.

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, § 681(b), , 99 Stat. 665, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to costs incurred after .”

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Credits

1958–2002 · 4 acts
  1. 1958Added Pub. L. 85–861, § 1(24)(A), , 72 Stat. 1445
  2. 1980amended Pub. L. 96–513, title I, § 511(31), , 94 Stat. 2922
  3. 1985Pub. L. 99–145, title VI, § 681(a), , 99 Stat. 665
  4. 2002Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314.
Show as published

(Added Pub. L. 85–861, § 1(24)(A), , 72 Stat. 1445; amended Pub. L. 96–513, title I, § 511(31), , 94 Stat. 2922; Pub. L. 99–145, title VI, § 681(a), , 99 Stat. 665; Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314.)

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