10 U.S.C. § 704

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 704 - Use of leave; regulations

(a) Under regulations prescribed by the Secretary concerned, or his designated representative, leave may be taken by a member on a calendar-day basis as vacation or absence from duty with pay, annually as accruing, or otherwise.

(b) Regulations prescribed under subsection (a) shall-

(1) provide equal treatment of officers and enlisted members;

(2) establish to the fullest extent practicable uniform policies for the several armed forces;

(3) provide that leave shall be taken annually as accruing to the extent consistent with military requirements and other exigencies; and

(4) provide for the determination of the number of calendar days of leave to which a member is entitled, including the number of calendar days of absence from duty or vacation to be counted or charged against leave.

(c) FACILITATING GRANTING OF LEAVE FOR ATTENDANCE AT HEARINGS.-

(1) REGULATIONS.-The Secretary concerned shall prescribe regulations to facilitate the granting of leave to a member of the armed forces under the jurisdiction of that Secretary in a case in which-

(A) the leave is needed for the member to attend a hearing described in paragraph (2);

(B) the member is not serving in or with a unit deployed in a contingency operation; and

(C) the exigencies of military service (as determined by the Secretary concerned) do not otherwise require that such leave not be granted.

(2) COVERED HEARINGS.-Paragraph (1) applies to a hearing that is conducted by a court or pursuant to an administrative process established under State law, in connection with a civil action-

(A) to determine whether a member of the armed forces is a natural parent of a child; or

(B) to determine an obligation of a member of the armed forces to provide child support.

(3) DEFINITIONS.-In this subsection:

(A) The term "court" has the meaning given that term in section 1408(a) of this title.

(B) The term "child support" has the meaning given that term in section 459(i) of the Social Security Act (42 U.S.C. 659(i)).

10 U.S.C. § 704

Added Pub. L. 87-649, §3(1), Sept. 7, 1962, 76 Stat. 493; amended Pub. L. 108-375, div. A, title X, §1084(k), Oct. 28, 2004, 118 Stat. 2064.

HISTORICAL AND REVISION NOTE
Revised section	Source (U.S. Code)	Source (Statutes at Large)
704(a)704(b)	37:31a(a) (5th sentence).37:31a(a) (6th sentence).37:33(e).37:32(f) (last 8 words).	Aug. 9, 1946, ch. 391, §§3(a) (5th and 6th sentences), 4(e), 60 Stat. 963; Aug. 4, 1947, ch. 475, §1 (5th par.), 61 Stat. 749.Aug. 9, 1946, ch. 931, §2(f) (last 8 words), 60 Stat. 963.

In subsection (a), the 1st 18 words of the 5th sentence of section 31a(a) of existing title 37 are omitted as executed. The words ",or his designated representative," are substituted for the last 8 words of section 32(f) of existing title 37.In subsection (b), 37:33(e) (less 1st sentence) is omitted as executed.

EDITORIAL NOTES

CODIFICATIONThe text of section 363(b) of Pub. L. 104-193, which was set out as a note under this section and was transferred to the end of this section and redesignated as subsec. (c), was based on Pub. L. 104-193, §363(b), Aug. 22, 1996, 110 Stat. 2248, as amended by Pub. L. 107-296, §1704(e)(1)(B), Nov. 25, 2002, 116 Stat. 2315.

AMENDMENTS2004-Subsec. (c). Pub. L. 108-375, §1084(k)(1) -(3), transferred section 363(b) of Pub. L. 104-193 to the end of this section and redesignated it as subsec. (c). See Codification note above. Subsec. (c)(1). Pub. L. 108-375, §1084(k)(4)(A), (B)(i), in introductory provisions, substituted "Secretary concerned" for "Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy," and "armed forces" for "Armed Forces".Subsec. (c)(1)(B). Pub. L. 108-375, §1084(k)(4)(B) (ii), struck out "(as defined in section 101 of title 10, United States Code)" after "contingency operation". Subsec. (c)(2)(A), (B). Pub. L. 108-375, §1084(k)(4)(A), substituted "armed forces" for "Armed Forces".Subsec. (c)(3). Pub. L. 108-375, §1084(k)(4)(C)(i), substituted "In this subsection:" for "For purposes of this subsection-" in introductory provisions.Subsec. (c)(3)(A). Pub. L. 108-375, §1084(k)(4)(C) (ii), substituted "this title" for "title 10, United States Code".Subsec. (c)(3)(B). Pub. L. 108-375, §1084(k)(4)(C) (iii), substituted "that term" for "such term".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

FACILITATING GRANTING OF LEAVE FOR ATTENDANCE AT HEARINGS INVOLVING PARENTAL SUPPORT OBLIGATIONS Pub. L. 104-193, §363(b), Aug. 22, 1996, 110 Stat. 2248, as amended by Pub. L. 107-296, §1704(e)(1)(B), Nov. 25, 2002, 116 Stat. 2315, formerly set out as a note under this section, was transferred to subsec. (c) of this section.

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
contingency operation: The term "contingency operation" means a military operation that-(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of this title, chapter 13 of this title, section 3713 of title 14, or any other provision of law during a war or during a national emergency declared by the President or Congress.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
uniformed services: The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.