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10 U.S.C. § 1174a — Special separation benefits programs

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1174a — Special separation benefits programs

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Stable record: federal_law:legal_authorities:record_usc_ded1befc08c6148401ba7336
Source file: Laws/federal/codes/united-states-code/title-10/section-1174a-special-separation-benefits-programs--0d5b9f837b.md
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Source location: Title 10, Chapter 59, § 1174a; chapter-059-separation.md

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**(a) Requirement for Programs.—** The Secretary concerned shall carry out a special separation benefits program under this section. An eligible member of the armed forces may request separation under the program. The request shall be subject to the approval of the Secretary. **(b) Benefits.—** Upon the approval of the request of an eligible member, the member shall— (1) be released from active duty or full-time National Guard duty or discharged, as the case may be; and (2) be entitled to— (A) separation pay equal to 15 percent of the product of (i) the member’s years of active service, and (ii) 12 times the monthly basic pay to which the member is entitled at the time of his discharge or release from active duty; and (B) the same benefits and services as are provided under chapter 58 of this title, sections 452 and 453(c) of title 37, and section 503(c) of the National Defense Authorization Act for Fiscal Year 1991 (104 Stat. 1558; [37 U.S.C. 476](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section476&num=0&edition=prelim) 11 See References in Text note below. note) for members of the armed forces who are involuntarily separated within the meaning of [section 1141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1141&num=0&edition=prelim). **(c) Eligibility.—** Subject to subsections (d) and (e), a member of an armed force is eligible for voluntary separation under a program established for that armed force pursuant to this section if the member— (1) has not been approved for payment of a voluntary separation incentive under [section 1175 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1175&num=0&edition=prelim); (2) has served on active duty or full-time National Guard duty or any combination of active duty and full-time National Guard duty for more than 6 years; (3) has served on active duty or full-time National Guard duty or any combination of active duty and full-time National Guard duty for not more than 20 years; (4) has served at least 5 years of continuous active duty or full-time National Guard duty or any combination of active duty and full-time National Guard duty immediately preceding the date of the member’s separation from active duty; and (5) meets such other requirements as the Secretary may prescribe, which may include requirements relating to— (A) years of service; (B) skill or rating; (C) grade or rank; and (D) remaining period of obligated service. **(d) Program Applicability.—** The Secretary concerned may provide for the program under this section to apply to any of the following members: (1) A regular officer or warrant officer of an armed force. (2) A regular enlisted member of an armed force. (3) A member of an armed force other than a regular member. **(e) Applicability Subject to Needs of the Service.—** (1) Subject to paragraphs (2) and (3), the Secretary concerned may limit the applicability of a program under this section to any category of personnel defined by the Secretary in order to meet a need of the armed force under the Secretary’s jurisdiction to reduce the number of members in certain grades, the number of members who have completed a certain number of years of active service, or the number of members who possess certain military skills or are serving in designated competitive categories. (2) Any category prescribed by the Secretary concerned for regular officers, regular enlisted members, or other members pursuant to paragraph (1) shall be consistent with the categories applicable to regular officers, regular enlisted members, or other members, respectively, under the voluntary separation incentive program under [section 1175 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1175&num=0&edition=prelim) or any other program established by law or by that Secretary for the involuntary separation of such members in the administration of a reduction in force. (3) A member of the armed forces offered a voluntary separation incentive under [section 1175 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1175&num=0&edition=prelim) shall also be offered the opportunity to request separation under a program established pursuant to this section. If the Secretary concerned approves a request for separation under either such section, the member shall be separated under the authority of the section selected by such member. **(f) Application Requirements.—** (1) In order to be separated under a program established pursuant to this section— (A) a regular enlisted member eligible for separation under that program shall— (i) submit a request for separation under the program before the expiration of the member’s term of enlistment; or (ii) upon discharge at the end of such term, enter into a written agreement (pursuant to regulations prescribed by the Secretary concerned) not to request reenlistment in a regular component; and (B) a member referred to in subsection (d)(3) eligible for separation under that program shall submit a request for separation to the Secretary concerned before the expiration of the member’s established term of active service. (2) For purposes of this section, the entry of a member into an agreement referred to in paragraph (1)(A)(ii) under a program established pursuant to this section shall be considered a request for separation under the program. **(g) Other Conditions, Requirements, and Administrative Provisions.—** Subsections (e) through (h), other than subsection (e)(2)(A), of [section 1174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174&num=0&edition=prelim) shall apply in the administration of programs established under this section. **(h) Termination of Program.—** (1) Except as provided in paragraph (2), the Secretary concerned may not conduct a program pursuant to this section after December 31, 2001. (2) No member of the armed forces may be separated under a program established pursuant to this section after the date of the termination of that program.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 155 — Joint Staff

**(a) Appointment of Officers to Joint Staff.—** (1) There is a Joint Staff under the Chairman of the Joint Chiefs of Staff. The Joint Staff assists the Chairman and, subject to the authority, direction, and control of the Chairman, the other members of the Joint Chiefs of Staff in carrying out their responsibilities. (2) Officers of the armed forces (other than the Coast Guard) assigned to serve on the Joint Staff shall be selected by the Chairman in approximately equal numbers from— (A) the Army; (B) the Navy and the Marine Corps; and (C) the Air Force and the Space Force. (3) Selection of officers of an armed force to serve on the Joint Staff shall be made by the Chairman from a list of officers submitted by the Secretary of the military department having jurisdiction over that armed force. Each officer whose name is submitted shall be among those officers considered to be the most outstanding officers of that armed force. The Chairman may specify the number of officers to be included on any such list. **(b) Director.—** The Chairman of the Joint Chiefs of Staff, after consultation with the other members of the Joint Chiefs of Staff and with the approval of the Secretary of Defense, may select an officer to serve as Director of the Joint Staff. **(c) Management of Joint Staff.—** The Chairman of the Joint Chiefs of Staff manages the Joint Staff and the Director of the Joint Staff. The Joint Staff shall perform such duties as the Chairman prescribes and shall perform such duties under such procedures as the Chairman prescribes. **(d) Operation of Joint Staff.—** The Secretary of Defense shall ensure that the Joint Staff is independently organized and operated so that the Joint Staff supports the Chairman of the Joint Chiefs of Staff in meeting the congr

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10 U.S.C. § 1141 — Involuntary separation defined

A member of the armed forces shall be considered to be involuntarily separated for purposes of this chapter if the member was on active duty or full-time National Guard duty on September 30, 1990, or after November 29, 1993, or, with respect to a member of the Coast Guard, if the member was on active duty in the Coast Guard after September 30, 1994, and— (1) in the case of a regular officer (other than a retired officer), the officer is involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned; (2) in the case of a reserve officer who is on the active-duty list or, if not on the active-duty list, is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the officer is involuntarily discharged or released from active duty or full-time National Guard (other than a release from active duty or full-time National Guard duty incident to a transfer to retired status) under other than adverse conditions, as characterized by the Secretary concerned; (3) in the case of a regular enlisted member serving on active duty, the member is (A) denied reenlistment, or (B) involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned; (4) in the case of a reserve enlisted member who is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the member (A) is denied reenlistment, or (B) is involuntarily discharged or released from active duty (or full-time National Guard) under other t

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1141

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 453 — Allowable travel and transportation: specific authorities

**(a) In General.—** In addition to any other authority for the provision of travel and transportation allowances, the administering Secretaries may provide travel and transportation allowances under this subchapter in accordance with this section. **(b) Authorized Absence From Temporary Duty Location.—** An authorized traveler may be paid travel and transportation allowances, or reimbursed for actual and necessary expenses of travel, incurred at a temporary duty location during an authorized absence from that location. **(c) Movement of Personal Property.—** (1) A member of a uniformed service may be allowed moving expenses and transportation allowances for self and dependents associated with the movement of personal property and household goods, including such expenses when associated with a self-move. (2) The authority in paragraph (1) includes the movement and temporary and non-temporary storage of personal property, household goods, and privately owned vehicles in connection with the temporary or permanent move between authorized locations. (3) For movement of household goods, the administering Secretaries shall prescribe weight allowances in regulations under [section 464 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section464&num=0&edition=prelim). The prescribed weight allowances may not exceed 18,000 pounds (including household goods in temporary storage, but excluding packing and crating), except that the administering Secretary may, on a case-by-case basis, authorize additional weight allowances as necessary. (4) The administering Secretary may prescribe the terms, rates, and conditions that authorize a member of the uniformed services to ship or store privately owned vehicles. (5) No carrier, port agent, warehous

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1175 — Voluntary separation incentive

**(a)** (1) Consistent with this section and the availability of appropriations for this purpose, the Secretary of Defense and the Secretary of Homeland Security may provide a financial incentive to members of the armed forces described in subsection (b) for voluntary appointment, enlistment, or transfer to a reserve component, requested and approved under subsection (c). (2) (A) Except as provided in subparagraph (B), a financial incentive provided a member under this section shall be paid for the period equal to twice the number of years of service of the member, computed as provided in subsection (e)(5). (B) If, before the expiration of the period otherwise applicable under subparagraph (A) to a member receiving a financial incentive under this section, the member is separated from a reserve component or is transferred to the Retired Reserve, the period for payment of a financial incentive to the member under this section shall terminate on the date of the separation or transfer unless— (i) the separation or transfer is required by reason of the age or number of years of service of the member; (ii) the separation or transfer is required by reason of the failure of selection for promotion or the medical disqualification of the member, except in a case in which the Secretary of Defense or the Secretary of Homeland Security determines that the basis for the separation or transfer is a result of a deliberate action taken by the member with the intent to avoid retention in the Ready Reserve or Standby Reserve; or (iii) in the case of a separation, the member is separated from the reserve component for appointment or enlistment in or transfer to another reserve component of an armed force for service in the Ready Reserve or Standby Reserve of that ar

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1175

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1174 — Separation pay upon involuntary discharge or release from active duty

**(a) Regular Officers.—** (1) A regular officer who is discharged under chapter 36 of this title (except under section 630(1)(A) or 643 of such chapter) or under section 580 or 8372 of this title and who has completed six or more, but less than twenty, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1). (2) A regular commissioned officer of the Army, Navy, Air Force or Marine Corps who is discharged under section 630(1)(A), 643, or 1186 of this title, and a regular warrant officer of the Army, Navy, Air Force or Marine Corps who is separated under section 1165 or 1166 of this title, who has completed six or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay. (3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under [section 614(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section614/b&num=0&edition=prelim). (4) Notwithstanding paragraphs (1) and (2), an officer wh

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1174

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 406 — Renumbered § 476]

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1293 — Twenty years or more: warrant officers

The Secretary concerned may, upon the warrant officer’s request, retire a warrant officer of any armed force under his jurisdiction who has at least 20 years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12681 — Reserves: discharge authority

Subject to other provisions of this title, reserve commissioned officers may be discharged at the pleasure of the President. Other Reserves may be discharged under regulations prescribed by the Secretary concerned.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2701 — Environmental restoration program

**(a) Environmental Restoration Program.—** (1) **In general.—** — The Secretary of Defense shall carry out a program of environmental restoration at facilities under the jurisdiction of the Secretary and at National Guard facilities. The program shall be known as the “Defense Environmental Restoration Program”. (2) **Application of section 120 of cercla.—** — Activities of the program described in subsection (b)(1) shall be carried out subject to, and in a manner consistent with, section 120 (relating to Federal facilities) of CERCLA ([42 U.S.C. 9620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620&num=0&edition=prelim)). (3) **Consultation with epa.—** — The program shall be carried out in consultation with the Administrator of the Environmental Protection Agency. (4) **Administrative office within osd.—** — The Secretary shall identify an office within the Office of the Secretary which shall have responsibility for carrying out the program. **(b) Program Goals.—** Goals of the program shall include the following: (1) The identification, investigation, research and development, and cleanup of contamination from a hazardous substance or pollutant or contaminant. (2) Correction of other environmental damage (such as detection and disposal of unexploded ordnance) which creates an imminent and substantial endangerment to the public health or welfare or to the environment. (3) Demolition and removal of unsafe buildings and structures, including buildings and structures of the Department of Defense at sites formerly used by or under the jurisdiction of the Secretary. **(c) Responsibility for Response Actions.—** (1) **Basic responsibility.—** — The Secretary shall carry out (in accordance with the provisions of this chapter and CER

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3226 — National dislocated worker grants

**(a) Definitions** In this section: (1) **Emergency or disaster** — The term “emergency or disaster” means— (A) an emergency or a major disaster, as defined in paragraphs (1) and (2), respectively, of [section 5122 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5122&num=0&edition=prelim); or (B) an emergency or disaster situation of national significance that could result in a potentially large loss of employment, as declared or otherwise recognized by the chief official of a Federal agency with authority for or jurisdiction over the Federal response to the emergency or disaster situation. (2) **Disaster area** — The term “disaster area” means an area that has suffered or in which has occurred an emergency or disaster. **(b) In general** (1) **Grants** — The Secretary is authorized to award national dislocated worker grants— (A) to an entity described in subsection (c)(1)(B) to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; (B) to provide assistance to— (i) the Governor of any State within the boundaries of which is a disaster area, to provide disaster relief employment in the disaster area; or (ii) the Governor of any State to which a substantial number of workers from an area in which an emergency or disaster has been declared or otherwise recognized have relocated; (C) to provide additional assistance to a State board or local board for eligible dislocated workers in a case in which the State board or local board has expended the funds provided under this section to carry out activities described in subparagraphs (A) and (B) and can demonstrate the need for

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