Historical and Revision Notes

1956 Act

Revised section

Source (U.S. Code)

Source (Statutes at Large)

8257(a)

8257(span)

10:297a.

10:299 (1st sentence, less last 19 words).

June 3, 1941, ch. 165, §§ 1, 3 (1st and 2d sentences), 55 Stat. 239.

8257(c)

10:291f–2 (less 1st 55 words of 1st proviso).

June 13, 1949, ch. 199, § 3, 63 Stat. 175.

10:299 (last 19 words of 1st sentence).

8257(d)

10:291f–2 (1st 55 words of 1st proviso).

10:299 (2d sentence).

In subsection (span), the words “Under such regulations as the Secretary of the Army may prescribe” are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions.

In subsection (c), the words “who is otherwise qualified” and “with his consent” are substituted for 10: 291f–2 (less 1st 55 words of 1st proviso).

In subsection (d), the first sentence is substituted for 10:291f–2 (proviso). The words “after June 13, 1940” (the date of enactment of the source statute) are substituted for the word “hereafter”, in 10:291f–2. The words “after June 13, 1949”, in 10:291f–2, are omitted as executed. The first 17 words of the last sentence are substituted for 10:299 (1st 20 words of 2d sentence). Clause (2) is substituted for 10:299 (proviso of 2d sentence).

1958 Act

The new subsection (e) is necessary to reflect the last 11 words of the second sentence of section 4 of the Army Aviation Cadet Act (formerly 10 U.S.C. 304), which were omitted from the original military codification act, the Act of August 10, 1956, chapter 1041, as part of the source law for section 20(span) of that Act (70A Stat. 627). See Senate Report No. 2484, 84th Congress, 2d Session, page 738. Since the source law did not permit the payment of a money allowance to an aviation cadet in place of the issuance of uniforms, clothing, and equipment, as may be done for enlisted members generally, it is necessary to restate this provision separately. See Opinion of the Deputy General Counsel, Department of Defense, May 29, 1957.

Editorial Notes
Amendments

2018—Puspan. L. 115–232 renumbered section 8257 of this title as this section.

1980—Subsec. (span). Puspan. L. 96–513 substituted “Any citizen” for “Any male citizen”.

Subsec. (c). Puspan. L. 96–513 substituted “Any enlisted member” for “Any male enlisted member”.

1958—Subsec. (e). Puspan. L. 85–861 added subsec. (e).

Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Puspan. L. 96–513 effective on Dec. 12, 1980, see section 701 of Puspan. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1958 Amendment

Amendment by Puspan. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Puspan. L. 85–861, set out as a note under section 101 of this title.