§1033 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense, and the Secretary of Homeland Security for the Coast Guard when it is not part of the Navy, must keep a list of nonprofit organizations whose boards or management a service member can join without pay. Those Secretaries can then approve, on a case-by-case basis, a particular service member to serve in a specific unpaid role (like director, officer, or trustee) for a named approved organization. The approval is only for giving oversight, advice, or coordinating with the organization. It does not let the service member run the day-to-day work. The approved list can be changed no more often than semiannually and must include each military welfare society: Army Emergency Relief; Air Force Aid Society, Inc.; Navy-Marine Corps Relief Society; and Coast Guard Mutual Assistance. The list may also include certain other nonprofits, such as groups that run academy athletics, international sports bodies, accrediting agencies for service schools, military health-care regulators or societies (if they name the position), and organizations abroad that build goodwill between U.S. personnel and local citizens. Designations and individual approvals must be published in the Federal Register, and the Secretaries must create rules to carry out these steps.

Title 10, §1033

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary concerned may authorize a member of the armed forces under the Secretary’s jurisdiction to serve without compensation as a director, officer, or trustee, or to otherwise participate, in the management 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 designated entity, and participation of the member in the activities of the designated entity may not extend to participation in the day-to-day operations of the entity.

(b)(1)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 designate 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 academies and other schools of the armed forces (including regional accrediting agencies).

(D)An entity that (i) regulates the performance, standards, and policies of military health care (including health care associations and professional societies), and (ii) has designated 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 nation where United States military personnel are serving at United States military activities, 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)A designation of an entity under subsection (b), and an authorization under subsection (a) of a member of the armed forces to participate in the management of such an entity, shall be published in the Federal Register.

(d)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 regulations to carry out this section.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1033, act Aug. 10, 1956, ch. 1041, 70A Stat. 80, related to Reserves continuing to accept compensation while on active duty that they were receiving prior to being ordered to active duty, prior to repeal 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 AmendmentAmendment 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.

§1033 Participation in Management of Specified Non-federal Entities: Authorized Activities