10 U.S.C. § 8782 | Naval and Marine Corps Historical Centers: fee for providing historical information to the public

(a)

Authority .—

Except as provided in subsection (b), the Secretary of the Navy may charge a person a fee for providing the person with information from the United States Naval Historical Center or the Marine Corps Historical Center that is requested by that person.

(b)

Exceptions .—

A fee may not be charged under this section—

(1)

to a person for information that the person requests to carry out a duty as a member of the armed forces or an officer or employee of the United States; or

(2)

section 552 of title 5 for a release of information under .

(c)

Limitation on Amount .—

A fee charged for providing information under this section may not exceed the cost of providing the information.

(d)

Retention of Fees .—

Amounts received under subsection (a) for providing information from the United States Naval Historical Center or the Marine Corps Historical Center in any fiscal year shall be credited to the appropriation or appropriations charged the costs of providing information to the public from that historical center during that fiscal year.

(e)

Definitions .—

In this section:

(1)

The term “United States Naval Historical Center” means the archive for historical records and materials of the Navy that the Secretary of the Navy designates as the primary archive for such records and materials.

(2)

The term “Marine Corps Historical Center” means the archive for historical records and materials of the Marine Corps that the Secretary of the Navy designates as the primary archive for such records and materials.

(3)

The terms “officer of the United States” and “employee of the United States” have the meanings given the terms “officer” and “employee”, respectively, in sections 2104 and 2105, respectively, of title 5.

Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 Pub. L. 115–232, div. A, title VIII, § 807(d)(9)Aug. 13, 2018132 Stat. 1837(Added , title X, § 1085(b)(1)], , , 1654A–288, § 7582; renumbered § 8782, , , .)

Editorial Notes

Prior Provisions

Pub. L. 96–513, title II, § 213Dec. 12, 198094 Stat. 2885Sept. 15, 1981Prior sections 8782 to 8787 and 8791 to 8797 were repealed by , , , effective .

Aug. 10, 1956, ch. 1041 70A Stat. 543July 12, 1960Pub. L. 86–616, § 7(a)74 Stat. 391 section 8781 of this title section 1182 of this titleSection 8782, acts , ; , , , provided for boards of inquiry, composed of three or more officers, to be convened at such places as Secretary of Air Force prescribes, to receive evidence and make findings and recommendations whether an officer, required to show cause under , should be retained on active list of Regular Air Force. See .

Aug. 10, 1956, ch. 1041 70A Stat. 543July 12, 1960Pub. L. 86–616, § 7(a)74 Stat. 391Section 8783, acts , ; , , , provided for boards of review, composed of three or more officers, to be convened by Secretary of Air Force, at such places as he prescribes, to review records of cases of officers recommended by boards of inquiry for removal from active list of Regular Air Force.

Aug. 10, 1956, ch. 1041 70A Stat. 543July 12, 1960Pub. L. 86–616, § 7(a)74 Stat. 392 section 1184 of this titleSection 8784, acts , ; , , , authorized Secretary of Air Force to remove an officer from active list of Regular Air Force if his removal is recommended by a board of review and provided that decision of Secretary in such case is final and conclusive. See .

Aug. 10, 1956, ch. 1041 70A Stat. 543July 12, 1960Pub. L. 86–616, § 7(a)74 Stat. 392 section 1185 of this titleSection 8785, acts , ; , , , provided that each officer under consideration for removal from active list of Regular Air Force under this chapter, be given written notification, at least 30 days prior to a board of inquiry hearing, that he is being required to show cause for retention on active list, be allowed reasonable time to prepare a defense, be allowed to appear in person and by counsel at proceedings before a board of inquiry, and be allowed full access to, and furnished copies of, records relevant to his case at all stages of the proceeding. See .

Aug. 10, 1956, ch. 1041 70A Stat. 544July 12, 1960Pub. L. 86–616, § 7(a)74 Stat. 392 section 1186 of this titleSection 8786, acts , ; , , , authorized Secretary of Air Force, at any time during proceedings under this chapter and before removal of an officer from active list of Regular Air Force, to grant that officer’s request for voluntary retirement, if he is otherwise qualified therefor, or for honorable discharge with severance benefits. See .

Pub. L. 86–616, § 7(a)July 12, 196074 Stat. 392 section 1187 of this titleSection 8787, added , , , provided that no officer serve on a board under this chapter unless he holds a regular or temporary grade above lieutenant colonel, and is senior in regular grade to, and outranks, any officer considered by that board and that no person be a member of more than one board convened under this chapter for same officer. See .

Pub. L. 86–616, § 8(a)July 12, 196074 Stat. 393 section 1181(b) of this titleSection 8791, added , , , authorized Secretary of Air Force to convene at any time a board of general officers to review record of any commissioned officer on active list of Regular Air Force to determine whether he should be required, because of moral dereliction, professional dereliction, or because his retention is not clearly consistent with the interests of national security, to show cause for his retention on active list. See .

Pub. L. 86–616, § 8(a)July 12, 196074 Stat. 393 section 8791 of this title section 1182 of this titleSection 8792, added , , , provided for boards of inquiry, composed of three or more general officers, to be convened at such places as Secretary of Air Force prescribes, to receive evidence and make findings and recommendations whether an officer, required to show cause under , should be retained on active list of the Regular Air Force. See .

Pub. L. 86–616, § 8(a)July 12, 196074 Stat. 393Section 8793, added , , , provided for boards of review, composed of three or more general officers, to be convened by Secretary of Air Force, at such places as he prescribes, to review the records of cases of officers recommended by boards of inquiry for removal from active list of Regular Air Force.

Pub. L. 86–616, § 8(a)July 12, 196074 Stat. 394 section 1184 of this titleSection 8794, added , , , authorized Secretary of Air Force to remove an officer from active list of Regular Air Force if his removal is recommended by a board of review and provided that decision of Secretary in such a case is final and conclusive. See .

Pub. L. 86–616, § 8(a)July 12, 196074 Stat. 394 section 1185 of this titleSection 8795, added , , , provided that each officer under consideration for removal from active list of Regular Air Force under this chapter be given written notification, at least 30 days prior to a board of inquiry hearing, that he is being required to show cause for retention on active list, be allowed reasonable time to prepare a defense, be allowed to appear in person and by counsel at proceedings before the board of inquiry, and be allowed full access to, and furnished copies of, records relevant to his case at all stages of the proceedings, except records that the Secretary determines be withheld in interests of national security, in which case, a summary, to the extent national security permits, be furnished. See .

Pub. L. 86–616, § 8(a)July 12, 196074 Stat. 394 section 1186 of this titleSection 8796, added , , , authorized Secretary of Air Force, at any time during proceedings under this chapter and before removal of an officer from active list of Regular Air Force, to grant that officer’s request for voluntary retirement, if he is otherwise qualified therefor, or for honorable discharge with severance benefits. See .

Pub. L. 86–616, § 8(a)July 12, 196074 Stat. 394 section 1187 of this titleSection 8797, added , , , provided that no officer serve on a board under this chapter unless he holds a regular or temporary grade above lieutenant colonel, and is senior in regular grade to, and outranks, any officer considered by that board and that no person be a member of more than one board convened under this chapter for the same officer. See .

Amendments

Pub. L. 115–232 section 7582 of this title2018— renumbered as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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