10 U.S.C. § 1033 — Participation in management of specified

Page 915 TITLE 10—ARMED FORCES § 1033 (1) required for the enlistment or appoint- ment of any person in the armed forces; or (2) required by law in connection with such an enlistment or appointment. (Aug. 10, 1956, ch. 1041, 70A Stat. 80; Pub. L. 109–364, div. A, title V, § 595(b), Oct. 17, 2006, 120 Stat. 2235.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1031 ......... 10:19. 34:217a–2. May 22, 1950, ch. 193, § 1, 64 Stat. 187. The words ‘‘(including the reserve component)’’ are omitted, since the words ‘‘any component of an armed force’’ include the reserve components. The words ‘‘any oath required for the enlistment or appointment of any person’’ are substituted for the words ‘‘the oath re- quired for the enlistment of any person, the oath re- quired for the appointment of any person to commis- sioned or warrant officer grade, and any other oath re- quired by law in connection with the enlistment or ap- pointment of any person’’. Editorial Notes AMENDMENTS 2006—Pub. L. 109–364 substituted ‘‘The President, the Vice-President, the Secretary of Defense, any commis- sioned officer, and any other person designated under regulations prescribed by the Secretary of Defense may administer any oath’’ for ‘‘Any commissioned officer of any component of an armed force, whether or not on active duty, may administer any oath’’ in introductory provisions. § 1032. Disability and death compensation: de- pendents of members held as captives (a) The President shall prescribe regulations under which the Secretary concerned may pay compensation for the disability or death of a de- pendent of a member of the uniformed services if the President determines that the disability or death— (1) was caused by hostile action; and (2) was a result of the relationship of the de- pendent to the member of the uniformed serv- ices. (b) Any compensation otherwise payable to a person under this section in connection with any disability or death shall be reduced by any amount payable to such person under any other program funded in whole or in part by the United States in connection with such disability or death, except that nothing in this subsection shall result in the reduction of any amount below zero. (c) A determination by the President under subsection (a) is conclusive and is not subject to judicial review. (d) In this section: (1) The term ‘‘dependent’’ has the meaning given that term in section 551 of title 37. (2) The term ‘‘Secretary concerned’’ has the meaning given that term in section 101 of that title. (Added Pub. L. 99–399, title VIII, § 806(b)(1), Aug. 27, 1986, 100 Stat. 885, § 1051; amended Pub. L. 99–661, div. A, title XIII, § 1343(a)(25), Nov. 14, 1986, 100 Stat. 3994; renumbered § 1032 and amend- ed Pub. L. 100–26, §§ 3(8), 7(e)(1)(A), Apr. 21, 1987, 101 Stat. 274, 281; Pub. L. 101–189, div. A, title XVI, § 1622(e)(2), Nov. 29, 1989, 103 Stat. 1605.) Editorial Notes PRIOR PROVISIONS A prior section 1032, act Aug. 10, 1956, ch. 1041, 70A Stat. 80, provided that a Reserve may accept civil em- ployment with a foreign government or concern, prior to repeal by Pub. L. 95–105, title V, § 509(d)(1), Aug. 17, 1977, 91 Stat. 860. AMENDMENTS 1989—Subsec. (d)(1). Pub. L. 101–189, § 1622(e)(2)(A), substituted ‘‘The term ‘dependent’ has’’ for ‘‘ ‘Depend- ent’ has’’. Subsec. (d)(2). Pub. L. 101–189, § 1622(e)(2)(B), inserted ‘‘The term’’ after ‘‘(2)’’. 1987—Pub. L. 100–26, § 7(e)(1)(A), renumbered the sec- ond section 1051 of this title as this section. Subsec. (d)(1), (2). Pub. L. 100–26, § 3(8), amended direc- tory language of Pub. L. 99–661. See 1986 Amendment note below. 1986—Subsec. (d). Pub. L. 99–661, § 1343(a)(25), as amended by Pub. L. 100–26, § 3(8), substituted ‘‘title 37’’ for ‘‘that title’’ in par. (1), and ‘‘has the meaning given that term’’ for ‘‘and ‘uniformed services’ have the meanings given those terms’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by section 3(8) of Pub. L. 100–26 applica- ble as if included in Pub. L. 99–661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L. 100–26, set out as a note under section 776 of this title. EFFECTIVE DATE Pub. L. 99–399, title VIII, § 806(b)(3), Aug. 27, 1986, 100 Stat. 886, provided that: ‘‘Section 1051 [now 1032] of title 10, United States Code, as added by paragraph (1), shall apply with respect to any disability or death resulting from an injury that occurs after January 21, 1981.’’ Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense, see section 4 of Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under section 5569 of Title 5, Government Organization and Employees. § 1033. Participation in management of specified non-Federal entities: authorized activities (a) AUTHORIZATION.—The Secretary concerned may authorize a member of the armed forces under the Secretary’s jurisdiction to serve with- out compensation as a director, officer, or trust- ee, or to otherwise participate, in the manage- ment of an entity designated under subsection (b). Any such authorization shall be made on a case-by-case basis, for a particular member to participate in a specific capacity with a specific designated entity. Such authorization may be made only for the purpose of providing oversight and advice to, and coordination with, the des- ignated entity, and participation of the member in the activities of the designated entity may not extend to participation in the day-to-day op- erations of the entity. (b) DESIGNATED ENTITIES.—(1) The Secretary of Defense, and the Secretary of Homeland Secu- rity in the case of the Coast Guard when it is Page 916 TITLE 10—ARMED FORCES § 1034 not operating as a service in the Navy, shall des- ignate those entities for which authorization under subsection (a) may be provided. The list of entities so designated may not be revised more frequently than semiannually. In making such designations, the Secretary shall designate each military welfare society and may designate any other entity described in paragraph (3). No other entities may be designated. (2) In this section, the term ‘‘military welfare society’’ means the following: (A) Army Emergency Relief. (B) Air Force Aid Society, Inc. (C) Navy-Marine Corps Relief Society. (D) Coast Guard Mutual Assistance. (3) An entity described in this paragraph is an entity that is not operated for profit and is any of the following: (A) An entity that regulates and supports the athletic programs of the service academies (including athletic conferences). (B) An entity that regulates international athletic competitions. (C) An entity that accredits service acad- emies and other schools of the armed forces (including regional accrediting agencies). (D) An entity that (i) regulates the perform- ance, standards, and policies of military health care (including health care associations and professional societies), and (ii) has des- ignated the position or capacity in that entity in which a member of the armed forces may serve if authorized under subsection (a). (E) An entity that, operating in a foreign na- tion where United States military personnel are serving at United States military activi- ties, promotes understanding and tolerance between such personnel (and their families) and the citizens of that host foreign nation through programs that foster social relations between those persons. (c) PUBLICATION OF DESIGNATED ENTITIES AND OF AUTHORIZED PERSONS.—A designation of an entity under subsection (b), and an authoriza- tion under subsection (a) of a member of the armed forces to participate in the management of such an entity, shall be published in the Fed- eral Register. (d) REGULATIONS.—The Secretary of Defense, and the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, shall prescribe regula- tions to carry out this section. (Added Pub. L. 105–85, div. A, title V, § 593(a)(1), Nov. 18, 1997, 111 Stat. 1762; amended Pub. L. 106–65, div. A, title V, § 583, Oct. 5, 1999, 113 Stat. 634; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes PRIOR PROVISIONS A prior section 1033, act Aug. 10, 1956, ch. 1041, 70A Stat. 80, related to Reserves continuing to accept com- pensation while on active duty that they were receiv- ing prior to being ordered to active duty, prior to re- peal by Pub. L. 103–337, div. A, title XVI, §§ 1662(g)(2), 1691, Oct. 5, 1994, 108 Stat. 2996, 3026, eff. Dec. 1, 1994. AMENDMENTS 2002—Subsecs. (b)(1), (d). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1999—Subsec. (b)(3)(E). Pub. L. 106–65 added subpar. (E). 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. § 1034. Protected communications; prohibition of retaliatory personnel actions (a) RESTRICTING COMMUNICATIONS WITH MEM- BERS OF CONGRESS AND INSPECTOR GENERAL PRO- HIBITED.—(1) No person may restrict a member of the armed forces in communicating with a Member of Congress or an Inspector General. (2) Paragraph (1) does not apply to a commu- nication that is unlawful. (b) PROHIBITION OF RETALIATORY PERSONNEL ACTIONS.—(1) No person may take (or threaten to take) an unfavorable personnel action, or withhold (or threaten to withhold) a favorable personnel action, as a reprisal against a member of the armed forces for making or preparing or being perceived as making or preparing— (A) a communication to a Member of Con- gress or an Inspector General that (under sub- section (a)) may not be restricted; (B) a communication that is described in subsection (c)(2) and that is made (or prepared to be made) to— (i) a Member of Congress; (ii) an Inspector General (as defined in sub- section (j)) or any other Inspector General appointed under chapter 4 of title 5; (iii) a member of a Department of Defense audit, inspection, investigation, or law en- forcement organization; (iv) any person or organization in the chain of command; (v) a court-martial proceeding; or (vi) any other person or organization des- ignated pursuant to regulations or other es- tablished administrative procedures for such communications; or (C) testimony, or otherwise participating in or assisting in an investigation or proceeding related to a communication under subpara- graph (A) or (B), or filing, causing to be filed, participating in, or otherwise assisting in an action brought under this section. (2)(A) The actions considered for purposes of this section to be a personnel action prohibited by this subsection shall include any action pro- hibited by paragraph (1), including any of the following: (i) The threat to take any unfavorable ac- tion. (ii) The withholding, or threat to withhold, any favorable action. (iii) The making of, or threat to make, a sig- nificant change in the duties or responsibil- ities of a member of the armed forces not com- mensurate with the member’s grade. (iv) The failure of a superior to respond to any retaliatory action or harassment (of which the superior had actual knowledge) taken by one or more subordinates against a member.