Nothing in this subsection shall prevent commanders or supervisors from giving consideration to the views of any member of the armed forces presented individually or as a result of participation on command-sponsored or authorized advisory councils, committees, or organizations.
10 U.S.C. § 976
AMENDMENTS1997-Subsec. (f). Pub. L. 105-85 substituted "shall be fined under title 18 or imprisoned not more than 5 years, or both, except that, in the case of an organization (as defined in section 18 of such title), the fine shall not be less than $25,000." for "shall, in the case of an individual, be fined not more than $10,000 or imprisoned not more than five years, or both, and in the case of an organization or association, be fined not less than $25,000 and not more than $250,000."1987-Subsec. (a)(1) to (3). Pub. L. 100-26 inserted "The term" after each par. designation and struck out uppercase letter of first word after first quotation marks in each paragraph and substituted lowercase letter.1986-Subsec. (a)(1). Pub. L. 99-661 struck out the second of two commas before "(B)".1984-Subsec. (a)(1). Pub. L. 98-525 added cl. (B) and redesignated existing cl. (B) as (C).
STATUTORY NOTES AND RELATED SUBSIDIARIES
FINDINGS; PURPOSEPub. L. 95-610, §1, Nov. 8, 1978, 92 Stat. 3085, provided that:"(a) The Congress makes the following findings:"(1) Members of the armed forces of the United States must be prepared to fight and, if necessary, to die to protect the welfare, security, and liberty of the United States and of their fellow citizens."(2) Discipline and prompt obedience to lawful orders of superior officers are essential and time-honored elements of the American military tradition and have been reinforced from the earliest articles of war by laws and regulations prohibiting conduct detrimental to the military chain of command and lawful military authority."(3) The processes of conventional collective bargaining and labor-management negotiation cannot and should not be applied to the relationships between members of the armed forces and their military and civilian superiors."(4) Strikes, slowdowns, picketing, and other traditional forms of job action have no place in the armed forces."(5) Unionization of the armed forces would be incompatible with the military chain of command, would undermine the role, authority, and position of the commander, and would impair the morale and readiness of the armed forces."(6) The circumstances which could constitute a threat to the ability of the armed forces to perform their mission are not comparable to the circumstances which could constitute a threat to the ability of Federal civilian agencies to perform their functions and should be viewed in light of the need for effective performance of duty by each member of the armed forces."(b) The purpose of this Act [enacting this section] is to promote the readiness of the armed forces to defend the United States."
- National Guard
- The term "National Guard" means the Army National Guard and the Air National Guard.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- full-time National Guard duty
- The term "full-time National Guard duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
- inactive-duty training
- The term "inactive-duty training" means-(A) duty prescribed for Reserves by the Secretary concerned under section 206 of title 37 or any other provision of law; and(B) special additional duties authorized for Reserves by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.Such term includes those duties when performed by Reserves in their status as members of the National Guard.
- The term "officer" means a commissioned or warrant officer.