US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 1037

Counsel before foreign judicial tribunals and administrative agencies; court costs and bail

(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.

Pub. L. 85–861, § 1(24)(A)72 Stat. 1445Pub. L. 96–513, title I, § 511(31)94 Stat. 2922Pub. L. 99–145, title VI, § 681(a)99 Stat. 665Pub. L. 107–296, title XVII, § 1704(b)(1)116 Stat. 2314(Added , , ; amended , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (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

Pub. L. 107–2962002—Subsec. (c). substituted “Department of Homeland Security” for “Department of Transportation”.

Pub. L. 99–1451985—Subsec. (a). provided for payment of expenses for legal representation of civilians overseas.

Pub. L. 96–5131980—Subsec. (c). substituted “Department of Transportation” for “Department of the Treasury”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–296section 1704(g) of Pub. L. 107–296section 101 of this titleAmendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under .

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, § 681(b)99 Stat. 665

“The amendment made by subsection (a) [amending this section] shall apply with respect to costs incurred after .”
, , , provided that:

Effective Date of 1980 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .