10 U.S.C. § 1037 — Counsel before foreign judicial tribunals

Page 925 TITLE 10—ARMED FORCES § 1037 and redeposited on the date of such reenlistment or re- call to active duty. ‘‘SEC. 2. The Secretary of the military department concerned, or his designee, shall pay to a former en- listed member described in section 1 of this Act any amount found due as a result of the adjustment pre- scribed by that section if he submits an application within two years following the date of enactment of this Act [Nov. 2, 1966]. If the member is currently serv- ing on active duty and has an active deposit account, the amount due him will automatically be credited to such account. In the case of a deceased member, appli- cation under this section shall be made within two years following the date of enactment of this Act [Nov. 2, 1966] by the person determined to be eligible under section 2771 of Title 10, United States Code. ‘‘SEC. 3. All payments heretofore made which would, but for the fact of such payment, be payable under this Act are validated. However, if such a payment has been repaid to the United States, the fact of payment shall not affect entitlement under this Act.’’ RATES OF INTEREST ON DEPOSITS MADE BEFORE AUG. 14, 1966 Pub. L. 89–538, § 2, Aug. 14, 1966, 80 Stat. 347, provided that: ‘‘(a) Notwithstanding the first section of this Act [amending this section], an amount on deposit under section 1035 of title 10, United States Code, on the date of enactment of this Act [Aug. 14, 1966], shall accrue in- terest at the rate and under the conditions in effect on the day before the date of enactment of this Act [Aug. 14, 1966], until the member’s current enlistment termi- nates or earlier, as may be jointly prescribed by the Secretaries concerned. However, a member who is on a permanent duty assignment outside the United States or its possessions on the date of enactment of this Act [Aug. 14, 1966], or who reports for that duty on or after that date but before the termination of his current en- listment, will be entitled to interest on such deposit, on and after that date, at the rate and under the condi- tions prescribed pursuant to section 1 [amending this section]. Payments of deposits, and interest thereon, may be made to the member’s heirs or legal representa- tives. ‘‘(b) Any amounts deposited between May 4, 1966, and the date of enactment of this Act [Aug. 14, 1966] while a member was assigned to permanent duty within the United States and its possessions, and any amounts de- posited between May 4, 1966, and the date of enactment of this Act [Aug. 14, 1966] by a member on permanent duty assignment outside the United States and its pos- sessions which are in excess of his unallotted pay and allowances for that period, shall accrue interest at the rate in effect before enactment of this Act.’’ EXTENSION OF COVERAGE TO PUBLIC HEALTH SERVICE AND COAST AND GEODETIC SURVEY PERSONNEL; RULES AND REGULATIONS Pub. L. 89–538, § 3(c), Aug. 14, 1966, 80 Stat. 348, pro- vided that: ‘‘Regulations prescribed by the Secretary of Commerce and the Secretary of Health, Education, and Welfare [now Health and Human Services] under sub- sections (a) and (b) [extending savings deposits benefits to commissioned officers of the Public Health Service and the Coast and Geodetic Survey (now the National Oceanic and Atmospheric Administration), respec- tively] shall be prescribed jointly with regulations pre- scribed by the Secretaries concerned under section 1035 of title 10, United States Code.’’ PUBLIC HEALTH SERVICE Authority vested by this section in ‘‘the Secretary concerned’’ to be exercised with respect to commis- sioned officers of the Public Health Service, by the Sec- retary of Health and Human Services or his designee, see section 213a of Title 42, The Public Health and Wel- fare. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Authority vested by this chapter in ‘‘the Secretary concerned’’ to be exercised, with respect to commis- sioned officer corps of the National Oceanic and Atmos- pheric Administration, by Secretary of Commerce or Secretary’s designee, see section 3071 of Title 33, Navi- gation and Navigable Waters. Executive Documents EX. ORD. NO. 11298. INTEREST RATE Ex. Ord. No. 11298, Aug. 14, 1966, 31 F.R. 10915, pro- vided: By virtue of the authority vested in me by Section 1035 of Title 10 of the United States Code, as amended by the Act of August 14, 1966, I hereby prescribe that amounts deposited by members of the uniformed serv- ices under that Section shall accrue interest at the rate of ten percent per annum, compounded quarterly. This order shall be effective September 1, 1966. LYNDON B. JOHNSON. [§ 1036. Repealed. Pub. L. 113–66, div. A, title VI, § 621(a)(2)(A), Dec. 26, 2013, 127 Stat. 783] Section, added Pub. L. 86–160, § 1(1), Aug. 14, 1959, 73 Stat. 358; amended Pub. L. 98–94, title IX, § 913(a), Sept. 24, 1983, 97 Stat. 640, provided for transportation and travel allowances for escorts for dependents of mem- bers. § 1037. Counsel before foreign judicial tribunals and administrative agencies; court costs and bail (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 agen- cies of any foreign nation, of persons subject to the Uniform Code of Military Justice and of per- sons 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 reim- burse the United States for that payment, un- less he is responsible for forfeiture of bail pro- vided 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. (Added Pub. L. 85–861, § 1(24)(A), Sept. 2, 1958, 72 Stat. 1445; amended Pub. L. 96–513, title I, § 511(31), Dec. 12, 1980, 94 Stat. 2922; Pub. L. 99–145, title VI, § 681(a), Nov. 8, 1985, 99 Stat. 665; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) HISTORICAL AND REVISION NOTES Revised section Source (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. Page 926 TITLE 10—ARMED FORCES § 1038 In subsection (a), the words ‘‘Under regulations to be prescribed by him’’ and the last sentence are sub- stituted 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 provi- sions 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. AMENDMENTS 2002—Subsec. (c). Pub. L. 107–296 substituted ‘‘Depart- ment of Homeland Security’’ for ‘‘Department of Transportation’’. 1985—Subsec. (a). Pub. L. 99–145 provided for payment of expenses for legal representation of civilians over- seas. 1980—Subsec. (c). Pub. L. 96–513 substituted ‘‘Depart- ment of Transportation’’ for ‘‘Department of the Treas- ury’’. 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), Nov. 8, 1985, 99 Stat. 665, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to costs incurred after September 30, 1985.’’ 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. § 1038. Service credit: certain service in Women’s Army Auxiliary Corps In computing years of active service of any fe- male member of the armed forces, there shall be credited for all purposes, except the right to pro- motion, in addition to any other service that may be credited, all active service performed in the Women’s Army Auxiliary Corps after May 13, 1942, and before September 30, 1943, if that member performed active service in the armed forces after September 29, 1943. Service as an of- ficer in the Women’s Army Auxiliary Corps shall be credited as active service in the status of a commissioned officer, and service as an enrolled member of the Corps shall be credited as active service in the status of an enlisted member. (Added Pub. L. 86–142, § 1(1), Aug. 7, 1959, 73 Stat. 289.) Statutory Notes and Related Subsidiaries ELECTION OF PENSION OR COMPENSATION Pub. L. 86–142, § 2, Aug. 7, 1959, 73 Stat. 289, provided that a person entitled to a pension or compensation under any law administered by the Veterans’ Adminis- tration, based on the active service described in section 1 of Pub. L. 86–142, which added section 1038 to Title 10, Armed Forces, could elect within 1 year after Aug. 7, 1959 to receive that pension or compensation in lieu of any compensation under the Federal Employees’ Com- pensation Act; that such an election is irrevocable; and that the election does not entitle that person to the pension or compensation for any period before the date of election. BACK PAY OR ALLOWANCES Pub. L. 86–142, § 3, Aug. 7, 1959, 73 Stat. 289, provided that: ‘‘No person is entitled to back pay or allowances because of any service credited under section 1 of this Act [enacting this section].’’ § 1039. Crediting of minority service For the purpose of determining eligibility for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, entitlement to re- tired or retainer pay, and years of service in computing retired or retainer pay of a member of the armed forces, any service which would be creditable but for the fact that it was performed by him under an enlistment or induction en- tered into before he attained the age prescribed by law for that enlistment or induction, shall be credited. (Added Pub. L. 87–165, § 1(1), Aug. 25, 1961, 75 Stat. 401.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 87–165, § 2, Aug. 25, 1961, 75 Stat. 401, provided that: ‘‘Section 1 [enacting this section] applies to serv- ice performed, and retirements or transfers to the Fleet Reserve or the Fleet Marine Corps Reserve effected, be- fore and after this Act takes effect [Aug. 25, 1961].’’ § 1040. Transportation of dependent patients (a)(1) Except as provided in subsection (b), if a dependent accompanying a member of the uni- formed services who is stationed outside the United States or in Alaska or Hawaii and who is on active duty for a period of more than 30 days requires medical attention which is not avail- able in the locality, transportation of the de- pendents at the expense of the United States is authorized to the nearest appropriate medical facility in which adequate medical care is avail- able. On his recovery or when it is administra- tively determined that the patient should be re- moved from the medical facility involved, the dependent may be transported at the expense of the United States to the duty station of the member or to such other place determined to be appropriate under the circumstances. If a de- pendent is unable to travel unattended, travel and transportation allowances may be furnished to necessary attendants. The dependents and any attendants shall be furnished such travel and transportation allowances as specified in regulations prescribed under section 464 of title 37. Travel expenses authorized by this section may include reimbursement for necessary local travel in the vicinity of the medical facility in- volved. The transportation and travel expenses authorized by this section may be paid in ad- vance. (2)(A) Except as provided by subparagraph (E), for purposes of paragraph (1), required medical attention of a dependent includes, in the case of a dependent authorized to accompany a member at a location described in that paragraph, ob-