§1037 — Title 10 Armed Forces | U.S. Code

Summary

The secretary in charge may hire lawyers and pay their fees, court costs, bail, and other costs to defend people in foreign courts or agencies. This help covers service members under the Uniform Code of Military Justice and civilians who work with or accompany the armed forces in places outside the United States, its territories and possessions, the Northern Mariana Islands, and Puerto Rico. The rules for doing this should be as similar as possible across all the armed forces. The person helped does not have to pay the money back unless they caused bail to be forfeited. The military department involved or the Department of Homeland Security can use its existing pay funds to cover these costs.

Title 10, §1037

Armed Forces — Source: USLM XML via OLRC

(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 agencies of any foreign nation, of persons subject to the Uniform Code of Military Justice and of persons 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 reimburse the United States for that payment, unless he is responsible for forfeiture of bail provided 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (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. In subsection (a), the words “Under

Regulations

to be prescribed by him” and the last sentence are substituted 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 provisions 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 “Department of Homeland Security” for “Department of Transportation”. 1985—Subsec. (a). Pub. L. 99–145 provided for payment of expenses for legal representation of civilians overseas. 1980—Subsec. (c). Pub. L. 96–513 substituted “Department of Transportation” for “Department of the Treasury”.

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.

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 subsection (a) [amending this section] shall apply with respect to costs incurred after September 30, 1985.”

Effective Date

of 1980 AmendmentAmendment 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.

§1037 Counsel Before Foreign Judicial Tribunals and Administrative Agencies; Court Costs and Bail

Summary

Title 10, §1037

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata