10 U.S.C. § 1036 — Untitled legal text

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.