[USC05] 10 USC Ch. 723: SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
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TEXT OF PART V OF SUBTITLE A (3001 ET SEQ.), EFFECTIVE JANUARY 1, 2022, CURRENTLY SET OUT AS A PREVIEW

10 USC Ch. 723: SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
From Title 10—ARMED FORCESSubtitle B—ArmyPART II—PERSONNEL

CHAPTER 723—SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

Sec.
7213.
Corps of Engineers: assignment or transfer of officers to duties involving civil functions.
7214.
Corps of Engineers: detail of officers to assist Mayor of District of Columbia.
7216.
Leader of Army Band: appointment.
7217.
Duties: chaplains; assistance required of commanding officers.
7218.
Duties: warrant officers; limitations.

        

Amendments

2018Pub. L. 115–232, div. A, title VIII, §808(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 343 of this title as this chapter and items 3533, 3534, 3536, 3547, and 3548 as 7213, 7214, 7216, 7217, and 7218, respectively.

2016Pub. L. 114–328, div. A, title V, §502(s)(2), Dec. 23, 2016, 130 Stat. 2104, struck out item 3543 "Aides: detail; number authorized".

1994Pub. L. 103–337, div. A, title XVI, §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".

1980Pub. L. 96–513, title V, §§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".

1968Pub. L. 90–623, §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, §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".

1964Pub. L. 88–647, title III, §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".

1958Pub. L. 85–861, §1(84), Sept. 2, 1958, 72 Stat. 1481, struck out item 3546 "Duties: officers of Medical Corps, contract surgeons; attendance on families of members".

§7213. Corps of Engineers: assignment or transfer of officers to duties involving civil functions

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 201, §3533; Pub. L. 89–718, §26, Nov. 2, 1966, 80 Stat. 1119; renumbered §7213, Pub. L. 115–232, div. A, title VIII, §808(b)(6), Aug. 13, 2018, 132 Stat. 1838.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3533 10:506(c) (proviso). Aug. 7, 1947, ch. 512, §502(c) (proviso), 61 Stat. 883.

The words "and reassignments" are omitted as surplusage.

Prior Provisions

A prior section 7213, act Aug. 10, 1956, ch. 1041, 70A Stat. 445, related to relief of contractors and their employees from losses by enemy action, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(a)(3), Nov. 30, 1993, 107 Stat. 1707.

Amendments

2018Pub. L. 115–232 renumbered section 3533 of this title as this section.

1966Pub. 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.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7214. Corps of Engineers: detail of officers to assist Mayor of District of Columbia

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 201, §3534; Pub. L. 90–623, §2(5), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–513, title V, §512(5)(A), (B), Dec. 12, 1980, 94 Stat. 2929; renumbered §7214, Pub. L. 115–232, div. A, title VIII, §808(b)(6), Aug. 13, 2018, 132 Stat. 1838.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3534(a)

3534(b)

10:189 (less 1st sentence).

10:190.

June 11, 1878, ch. 180, §2 (48th through 56th words of 1st sentence, and 2d sentence), 20 Stat. 103.
  June 11, 1878, ch. 180, §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".

Prior Provisions

A prior section 7214 was renumbered section 8614 of this title.

A prior section 7215, act Aug. 10, 1956, ch. 1041, 70A Stat. 445, authorized Secretary of the Navy to maintain and operate naval prisons and prison farms and to provide for subsistence, welfare, recreation, and education of naval prisoners, prior to repeal by Pub. L. 90–377, §6(2), July 5, 1968, 82 Stat. 288.

Amendments

2018Pub. L. 115–232 renumbered section 3534 of this title as this section.

1980Pub. L. 96–513 substituted "Mayor" for "Commissioner" in section catchline and text.

1968Pub. 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 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 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.

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.

§7216. Leader of Army Band: appointment

(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, §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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 201, §3536; Pub. L. 87–649, §14c(5), Sept. 7, 1962, 76 Stat. 501; renumbered §7216, Pub. L. 115–232, div. A, title VIII, §808(b)(6), Aug. 13, 2018, 132 Stat. 1838.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3536(a) 10:11 (1st sentence, less last 85 words; and 2d sentence). Mar. 3, 1925, ch. 412, 43 Stat. 1100.
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.

Prior Provisions

A prior section 7216 was renumbered section 8616 of this title.

Amendments

2018Pub. L. 115–232 renumbered section 3536 of this title as this section.

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 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

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.

§7217. Duties: chaplains; assistance required of commanding officers

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 203, §3547; renumbered §7217, Pub. L. 115–232, div. A, title VIII, §808(b)(6), Aug. 13, 2018, 132 Stat. 1838.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3547(a) 10:238. R.S. 1125.
3547(b) 10:239. R.S. 1127.
  [Uncodified: Feb. 2, 1901, ch. 192, §12 (last sentence), 31 Stat. 750]. Feb. 2, 1901, ch. 192, §12 (last sentence), 31 Stat. 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.

Prior Provisions

A prior section 7217, act Aug. 10, 1956, ch. 1041, 70A Stat. 445, related to reports to Congress concerning appropriations for Department of the Navy, prior to repeal by Pub. L. 101–510, div. A, title XIII, §1322(a)(15), Nov. 5, 1990, 104 Stat. 1672.

Amendments

2018Pub. L. 115–232 renumbered section 3547 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7218. Duties: warrant officers; limitations

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 203, §3548; renumbered §7218, Pub. L. 115–232, div. A, title VIII, §808(b)(6), Aug. 13, 2018, 132 Stat. 1838.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3548 10:593 (1st sentence). Aug. 21, 1941, ch. 384, §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".

Prior Provisions

A prior section 7218, act Aug. 10, 1956, ch. 1041, 70A Stat. 445; Pub. L. 89–718, §8(a), Nov. 2, 1966, 80 Stat. 1117, repealed by Pub. L. 97–295, §6(b), Oct. 12, 1982, 96 Stat. 1314, authorized Secretary of Navy to give special recognition to members of naval service for excellence, special service and good conduct in naval service, prior to repeal by Pub. L. 89–529, §1(3), Aug. 11, 1966, 80 Stat. 339; Pub. L. 97–295, §1(46), Oct. 12, 1982, 96 Stat. 1298.

Prior sections 7219 to 7221 were renumbered sections 8619 to 8621 of this title, respectively.

Amendments

2018Pub. L. 115–232 renumbered section 3548 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.