10 U.S.C. § 8263 — Emergency shore duty: advance of funds

Page 3209 TITLE 10—ARMED FORCES § 8263 21⁄2 percent of the basic pay of the grade to which ad- vanced or, in the case of a member who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, be at a rate of 21⁄2 percent of the monthly retired pay base computed under section 1407(d), which rates were to be multiplied by the number of years of service credited under sec- tion 1405, but such retired pay was not to be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay was based and, in determining the number of years to be used as a multiplier, each additional full month of service was to be counted as one-twelfth of a year and any remain- ing fractional part of a month was to be disregarded. Subsec. (c). Pub. L. 99–348 amended subsec. (c) gen- erally, substituting provision that retired pay of a former member be determined in accordance with the table for provision that retired pay, in the case of a former member who first became a member of a uni- formed service, as defined in section 1407(a)(2), before Sept. 8, 1980, be at a rate of 21⁄2 percent of the basic pay of the grade to which advanced, determined by the same period of service used to determine the basic pay of the grade upon which his retainer pay was based, multiplied by the number of years of creditable service for his retainer pay at the time of retirement, but such retired pay was not to be more than 75 percent of the basic pay upon the computation of retired pay was based, or in the case of a former member who first be- came a member of a uniformed service, as defined in section 1407(a)(2), on or after Sept. 8, 1980, that retired pay be at a rate of 21⁄2 percent of the monthly retired pay base computed under section 1407(d), multiplied by the number of years of creditable service for his re- tainer pay at the time of retirement, but such retired pay was not to be more than 75 percent of the monthly retired pay base upon which the computation of retired pay was based. 1983—Subsec. (b)(2). Pub. L. 98–94, § 923(c)(1), sub- stituted ‘‘each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any re- maining fractional part of a month is disregarded’’ for ‘‘a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded’’. Subsec. (e). Pub. L. 98–94, § 922(a)(9), added subsec. (e). 1980—Subsec. (a). Pub. L. 96–513, § 503(45), inserted ‘‘and subject to sections 688 and 1370 of this title’’ after ‘‘retired grade’’. Subsec. (b). Pub. L. 96–513, § 513(17), substituted ‘‘Sep- tember 8, 1980’’ for ‘‘the date of the enactment of the Department of Defense Authorization Act, 1981’’ wher- ever appearing. Pub. L. 96–342 amended subsec. (b) generally, desig- nating existing provisions as pars. (1) and (2) and, as so amended, in par. (1) designated existing provisions as subpar. (A), as so designated, inserted provision lim- iting applicability to members who became members of the uniformed services before the date of the enact- ment of the Department of Defense Authorization Act, 1981, and added subpar. (B). Subsec. (c). Pub. L. 96–513, § 513(17), substituted ‘‘Sep- tember 8, 1980’’ for ‘‘the date of the enactment of the Department of Defense Authorization Act, 1981’’ wher- ever appearing. Pub. L. 96–342 designated existing provisions as par. (1), inserted provision limiting applicability to mem- bers who became members of the uniformed services be- fore the date of the enactment of the Department of Defense Authorization Act, 1981, and added par. (2). 1963—Subsec. (b). Pub. L. 88–132 substituted ‘‘of’’ for ‘‘to which he would be entitled if serving on active duty in’’ after ‘‘21⁄2 percent of the basic pay.’’ 1958—Pub. L. 85–861, § 1(139)(A), substituted ‘‘who serve satisfactorily under temporary appointments’’ for ‘‘temporarily appointed or promoted during World War II’’ in section catchline. Subsec. (a). Pub. L. 85–861, § 1(138), struck out provi- sions which restricted application of section to mem- bers of the Navy or the Marine Corps who were ap- pointed or promoted under the act of July 24, 1941, ch. 320, 55 Stat. 603. Subsec. (b). Pub. L. 85–422 substituted ‘‘that may be credited to him under section 1405 of this title’’ for ‘‘creditable for basic pay’’. 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. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective Sept. 30, 1997, see section 521(b) of this title, set out as an Effective Date note under section 688 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of this title. Amendment by section 923 of Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 503(45) of Pub. L. 96–513 effec- tive Sept. 15, 1981, and amendment by section 513(17) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uni- formed Services. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–422 effective June 1, 1958, see section 9 of Pub. L. 85–422, May 20, 1958, 72 Stat. 130. § 8263. Emergency shore duty: advance of funds Under such regulations as the President ap- proves, the Secretary of the Navy may, to meet necessary expenses, advance funds to members of the naval service detailed on emergency shore duty. The funds advanced may not exceed the reasonable estimate of expenses to be incurred for which reimbursement is authorized. (Aug. 10, 1956, ch. 1041, 70A Stat. 386, § 6152; re- numbered § 8263, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6152 ......... 34 U.S.C. 885. May 22, 1928, ch. 688, 45 Stat. 712. The words ‘‘public’’, ‘‘actual’’, and ‘‘by law’’ are omitted as surplusage. Editorial Notes PRIOR PROVISIONS A prior section 8263, added Pub. L. 85–861, § 1(166)(B), Sept. 2, 1958, 72 Stat. 1516; Pub. L. 87–649, § 14c(53), Sept. 7, 1962, 76 Stat. 501, provided for voluntary extension of Page 3210 TITLE 10—ARMED FORCES § 8264 enlistments in the Air Force, prior to repeal by Pub. L. 90–235, § 2(a)(4)(B), Jan. 2, 1968, 81 Stat. 756. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6152 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. Executive Documents DELEGATION OF FUNCTIONS For delegation to the Secretary of Defense of author- ity vested in the President by section 885 of former Title 34, see Ex. Ord. No. 10621, July 1, 1955, 20 F.R. 4759, set out as a note under section 301 of Title 3, The Presi- dent. § 8264. Shore patrol duty: payment of expenses An officer, midshipman, or cadet of the naval service who is assigned to shore patrol duty away from his vessel or other duty station may be paid his actual services. (Aug. 10, 1956, ch. 1041, 70A Stat. 386, § 6153; re- numbered § 8264, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6153 ......... 37 U.S.C. 306 (less appli- cability to Coast Guard). Oct. 12, 1949, ch. 681, § 506 (less applicability to Coast Guard), 63 Stat. 828. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6153 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. § 8265. Mileage books: commutation tickets The Secretary of the Navy may buy such mile- age books, commutation tickets, and other simi- lar transportation tickets as he considers nec- essary, and he may furnish them to persons or- dered to perform travel on official business. Payment for those tickets before the travel is performed is not an advance of public money within the meaning of subsections (a) and (b) of section 3324 of title 31. (Aug. 10, 1956, ch. 1041, 70A Stat. 386, § 6154; Pub. L. 97–258, § 3(b)(8), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 98–525, title XIV, § 1405(56)(A), Oct. 19, 1984, 98 Stat. 2626; renumbered § 8265, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6154 ......... 34 U.S.C. 891. Apr. 27, 1904, ch. 1630, 33 Stat. 403 (6th par., 2d sentence). The words ‘‘to continue’’ and the words ‘‘upon their receipt in accordance with commercial usage’’ are omitted as surplusage. The word ‘‘persons’’ is sub- stituted for the words ‘‘officers and others’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6154 of this title as this section. 1984—Pub. L. 98–525 substituted ‘‘subsections (a) and (b) of section 3324’’ for ‘‘section 3324(a) and (b)’’. 1982—Pub. L. 97–258 substituted ‘‘section 3324(a) and (b)’’ for ‘‘section 529’’. 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. § 8266. Uniforms, accouterments, and equipment: sale at cost Under such regulations as the Secretary of the Navy prescribes, uniforms, accouterments, and equipment shall be sold by the United States at cost to officers and midshipmen of the naval service and, when the Coast Guard is operating as a service in the Navy, to officers of the Coast Guard. (Aug. 10, 1956, ch. 1041, 70A Stat. 386, § 6155; re- numbered § 8266, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6155 ......... 34 U.S.C. 537. Jan. 12, 1919, ch. 8, 40 Stat. 1054; Aug. 4, 1949, ch. 393, § 9, 63 Stat. 559. The words ‘‘officers and midshipmen of the naval service’’ are substituted for the words ‘‘any officer of the Navy or any officer of the Marine Corps’’ and ‘‘any midshipman’’. The words ‘‘at the Naval Academy’’ are omitted. The statute is interpreted as covering all mid- shipmen, including the reserve category created by sub- sequent statute. The word ‘‘sold’’ is substituted for the word ‘‘furnished’’ for directness of expression. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6155 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.