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10 U.S.C. § 9239 — Enlisted members: officers not to use as servants
Federal law — U.S. Code and appendices · legal_authorities
No officer of the Air Force or the Space Force may use an enlisted member of the Air Force or the Space Force as a servant.
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Stable record: federal_law:legal_authorities:record_usc_aab1053f506f1114de7b42c2
Source file: Laws/federal/codes/united-states-code/title-10/section-9239-enlisted-members-officers-not-to-use-as-servants--657450d0a3.md
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Passage SHA-256: 708b70a554716bc4f7f3234ebe6a4d8a110f8fe5e1262007e119f67045bfc518
Source location: Title 10, Chapter 929, § 9239; chapter-929-miscellaneous-prohibitions-and-penalties.md
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No officer of the Air Force or the Space Force may use an enlisted member of the Air Force or the Space Force as a servant.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary of the Navy shall establish areas, to be known as “Southern Sea Otter Military Readiness Areas”, for national defense purposes. Such areas shall include each of the following:
(1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates:N. Latitude/W. Longitude 33°27.8′/119°34.3′ 33°20.5′/119°15.5′ 33°13.5′/119°11.8′ 33°06.5′/119°15.3′ 33°02.8′/119°26.8′ 33°08.8′/119°46.3′ 33°17.2′/119°56.9′ 33°30.9′/119°54.2′.
(2) The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone.
**(b) Activities Within the Southern Sea Otter Military Readiness Areas.—**
(1) **Incidental takings under endangered species act of 1973.—** — Sections 4 and 9 of the Endangered Species Act of 1973 ([16 U.S.C. 1533](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim), 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
(2) **Incidental takings under marine mammal protection act of 1972.—** — Sections 101 and 102 of the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371&num=0&edition=prelim), 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conduc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8635
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Federal law — U.S. Code and appendices · legal_authorities
Page 3475
TITLE 10—ARMED FORCES
§ 9239
(4) to take all necessary and proper meas-
ures, under the laws, regulations, and customs
of the Air Force or the Space Force, respec-
tively, to promote and safeguard the morale,
the physical well-being, and the general wel-
fare of the officers and enlisted persons under
their command or charge.
(Added Pub. L. 105–85, div. A, title V, § 507(b)(1),
Nov. 18, 1997, 111 Stat. 1727, § 8583; renumbered
§ 9233, Pub. L. 115–232, div. A, title VIII,
§ 806(b)(7), Aug. 13, 2018, 132 Stat. 1832; amended
Pub. L. 116–283, div. A, title IX, § 923(c)(7), Jan. 1,
2021, 134 Stat. 3811.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283, § 923(c)(7)(A), inserted ‘‘and in
the Space Force’’ after ‘‘the Air Force’’ in introductory
provisions.
Pars. (3), (4). Pub. L. 116–283, § 923(c)(7)(B), inserted
‘‘or the Space Force, respectively’’ after ‘‘the Air
Force’’.
2018—Pub. L. 115–232 renumbered section 8583 of this
title as this section.
Statutory Notes and Related Subsidiaries
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.
CHAPTER 929—MISCELLANEOUS
PROHIBITIONS AND PENALTIES
Sec.
9239.
Enlisted members: officers not to use as serv-
ants.
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–232, div. A, title VIII, § 806(d)(3)(A),
(e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter
849 of this title as this chapter and item 8639 as 9239.
2008—Pub. L. 110–181, div. A, title V, § 590(b)(2)(C), Jan.
28, 2008, 122 Stat. 138, struck out item 8634 ‘‘Air Force
band: may not be paid for performance outside ai
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 9239
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.