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10 U.S.C. § 1129a (ARMED FORCES)
§§ 1129a. Purple Heart: members killed or wounded in attacks by foreign terrorist organizations
(a) In General.—
For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded as a result of an international terrorist attack against the United States.
(b) Covered Members.—
(1) A member described in this subsection is a member on active duty who was killed or wounded in an attack by a foreign terrorist organization in circumstances where the death or wound is the result of an attack targeted on the member due to such member’s status as a member of the armed forces, unless the death or wound is the result of willful misconduct of the member.
(2) For purposes of this section, an attack by an individual or entity shall be considered to be an attack by a foreign terrorist organization if—
(A) the individual or entity was in communication with the foreign terrorist organization before the attack; and
(B) the attack was inspired or motivated by the foreign terrorist organization.
(c) Foreign Terrorist Organization Defined.—
In this section, the term “foreign terrorist organization” means an entity designated as a foreign terrorist organization by the Secretary of State pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
(Added Pub. L. 113–291, div. A, title V, § 571(a)(1)(A), Dec. 19, 2014, 128 Stat. 3387.)
heading: Retroactive Effective Date and Application
text: Pub. L. 113–291, div. A, title V, § 571(a)(2), Dec. 19, 2014, 128 Stat. 3387, provided that:
“(A) Effective date.—
The amendments made by paragraph (1) [enacting this section] shall take effect as of September 11, 2001.
“(B) Review of certain previous incidents.—
The Secretary concerned shall undertake a review of each death or wounding of a member of the Armed Forces that occurred between September 11, 2001, and the date of the enactment of this Act [Dec. 19, 2014] under circumstances that could qualify as being the result of an attack described in section 1129a of title 10, United States Code (as added by paragraph (1)), to determine whether the death or wounding qualifies as a death or wounding resulting from an attack by a foreign terrorist organization for purposes of the award of the Purple Heart pursuant to such section (as so added).
“(C) Actions following review.—
If the death or wounding of a member of the Armed Forces reviewed under subparagraph (B) is determined to qualify as a death or wounding resulting from an attack by a foreign terrorist organization as described in section 1129a of title 10, United States Code (as so added), the Secretary concerned shall take appropriate action under such section to award the Purple Heart to the member.
“(D) Secretary concerned defined.—
In this paragraph, the term ‘Secretary concerned’ has the meaning given that term in section 101(a)(9) of title 10, United States Code.”
10 U.S.C. § 1488 (ARMED FORCES)
§ 1488. Removal of remains
(a) Removal Upon Discontinuance of Installation Cemetery.—
If a cemetery on a military reservation, including an installation cemetery, has been or is to be discontinued, the Secretary concerned may provide for the removal of remains from that cemetery to any other cemetery.
(b) Removal From Temporary Interment or Abandoned Grave or Cemetery.—
With respect to any deceased member of an armed force under the jurisdiction of the Secretary concerned whose last service terminated honorably by death or otherwise, the Secretary may also provide for the removal of the remains from a place of temporary interment, or from an abandoned grave or cemetery, to a national cemetery.
(c) Removal of Remains of Certain Members With No Known Next of Kin.—
(1) The Secretary of the Army may authorize the removal of the remains of a covered member of the armed forces who is buried in an Army National Military Cemetery from the Army National Military Cemetery for transfer to any other cemetery.
(2) The Secretary of the Army, with the concurrence of the Secretary of Veterans Affairs, may authorize the removal of the remains of a covered member of the armed forces who is buried in a cemetery of the National Cemetery System from that cemetery for transfer to any Army National Military Cemetery.
(3) A removal of remains may not be authorized under this subsection unless the individual seeking the removal of the remains—
(A) demonstrates to the satisfaction of the Secretary of the Army that the member of the armed forces concerned has no known next of kin or other person who is interested in maintaining the place of burial; and
(B) undertakes full responsibility for all expenses of the removal of the remains and the reburial of the remains at another cemetery as authorized by this subsection.
(4) In this subsection:
(A) The term “Army National Military Cemetery” means a cemetery specified in section 4721(b) of this title.
(B) The term “covered member of the armed forces” means a member of the armed forces who—
(i) has been awarded the Medal of Honor; and
(ii) has no known next of kin.
(Aug. 10, 1956, ch. 1041, 70A Stat. 115; Pub. L. 113–291, div. A, title V, § 594, Dec. 19, 2014, 128 Stat. 3395.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1488
5:2160 (as applicable to armed forces).
July 15, 1954, ch. 507, § 10 (as applicable to armed forces), 68 Stat. 480.
The words “national cemeteries, other installation cemeteries, or” are omitted as surplusage.
heading: Amendments
text: 2014—Pub. L. 113–291 designated first sentence of existing provisions as subsec. (a) and inserted heading, designated second sentence of existing provisions as subsec. (b), inserted heading, and substituted “the jurisdiction of the Secretary concerned” for “his jurisdiction”, and added subsec. (c).
10 U.S.C. § 1501a (ARMED FORCES)
§ 1501a. Public-private partnerships; other forms of support
(a) Public-private Partnerships.—
The Secretary of Defense may enter into arrangements known as public-private partnerships with appropriate entities outside the Government for the purposes of facilitating the activities of the designated Defense Agency. The Secretary may only partner with foreign governments or foreign entities with the concurrence of the Secretary of State. Any such arrangement shall be entered into in accordance with authorities provided under this section or any other authority otherwise available to the Secretary. Regulations prescribed under subsection (e)(1) shall include provisions for the establishment and implementation of such partnerships.
(b) Acceptance of Voluntary Personal Services.—
The Secretary of Defense may accept voluntary services to facilitate accounting for missing persons in the same manner as the Secretary of a military department may accept such services under section 1588(a)(9) of this title.
(c) Cooperative Agreements and Grants.—
(1) In general.—
The Secretary of Defense may enter into a cooperative agreement with, or make a grant to, a private entity for purposes related to support of the activities of the designated Defense Agency.
(2) Inapplicability of certain contract requirements.—
Notwithstanding section 2304(k) of this title, the Secretary may enter such cooperative agreements or grants on a sole-source basis pursuant to section 2304(c)(5) of this title.
(d) Use of Department of Defense Personal Property.—
The Secretary may allow a private entity to use, at no cost, personal property of the Department of Defense to assist the entity in supporting the activities of the designated Defense Agency.
(e) Regulations.—
(1) In general.—
The Secretary of Defense shall prescribe regulations to implement this section.
(2) Limitation.—
Such regulations shall provide that acceptance of a gift (including a gift of services) or use of a gift under this section may not occur if the nature or circumstances of the acceptance or use would compromise the integrity, or the appearance of integrity, of any program of the Department of Defense or any individual involved in such program.
(f) Definitions.—
In this section:
(1) Cooperative agreement.—
The term “cooperative agreement” means an authorized cooperative agreement as described in section 6305 of title 31.
(2) Grant.—
The term “grant” means an authorized grant as described in section 6304 of title 31.
(Added Pub. L. 113–291, div. A, title IX, § 916(b), Dec. 19, 2014, 128 Stat. 3477.)
10 U.S.C. § 1599a (ARMED FORCES)
§ 1599a. Financial assistance to certain employees in acquisition of critical skills
(a) Training Program.—
The Secretary of Defense shall establish an undergraduate training program with respect to civilian employees in the Military Department Civilian Intelligence Personnel Management System that is similar in purpose, conditions, content, and administration to the program established by the Secretary of Defense under section 16 of the National Security Agency Act of 1959 (50 U.S.C. 3614) for civilian employees of the National Security Agency.
(b) Use of Funds for Training Program.—
Any payment made by the Secretary to carry out the program required to be established by subsection (a) may be made in any fiscal year only to the extent that appropriated funds are available for that purpose.
(Added Pub. L. 104–93, title V, § 505(a), Jan. 6, 1996, 109 Stat. 973; amended Pub. L. 112–239, div. A, title X, § 1076(f)(20), Jan. 2, 2013, 126 Stat. 1952; Pub. L. 113–291, div. A, title X, § 1071(c)(9), Dec. 19, 2014, 128 Stat. 3509.)
heading: Amendments
text: 2014—Subsec. (a). Pub. L. 113–291 substituted “(50 U.S.C. 3614)” for “(50 U.S.C. 402 note)”.
2013—Subsec. (a). Pub. L. 112–239 substituted “National Security Agency Act” for “National Security Act”.
10 U.S.C. § 1623 (ARMED FORCES)
§ 1623. Financial assistance to certain employees in acquisition of critical skills
(a) The Secretary of Defense shall establish an undergraduate training program with respect to civilian employees of the Defense Intelligence Agency that is similar in purpose, conditions, content, and administration to the program which the Secretary of Defense is authorized to establish under section 16 of the National Security Agency Act of 1959 (50 U.S.C. 3614) for civilian employees of the National Security Agency.
(b) Any payments made by the Secretary to carry out the program required to be established by subsection (a) may be made in any fiscal year only to the extent that appropriated funds are available for that purpose.
(Added Pub. L. 101–193, title V, § 507(a)(1), Nov. 30, 1989, 103 Stat. 1709, § 1608; renumbered § 1623, Pub. L. 104–201, div. A, title XVI, § 1632(a)(2), Sept. 23, 1996, 110 Stat. 2745; Pub. L. 113–291, div. A, title X, § 1071(c)(9), Dec. 19, 2014, 128 Stat. 3509.)
heading: Prior Provisions
text: A prior section 1623, added Pub. L. 99–145, title IX, § 924(a)(1), Nov. 8, 1985, 99 Stat. 698; amended Pub. L. 99–661, div. A, title XIII, § 1343(a)(10), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–26, § 7(j)(4), Apr. 21, 1987, 101 Stat. 283; Pub. L. 101–189, div. A, title VIII, § 853(c)(3), Nov. 29, 1989, 103 Stat. 1519, related to education, training, and experience requirements for general and flag officers assigned to a procurement command, prior to repeal by Pub. L. 101–510, div. A, title XII, § 1207(c)(3), Nov. 5, 1990, 104 Stat. 1665, effective Oct. 1, 1992.
A prior section 1624, added Pub. L. 99–145, title IX, § 924(a)(1), Nov. 8, 1985, 99 Stat. 698, required a training program for quality assurance personnel, prior to repeal by Pub. L. 101–510, div. A, title XII, § 1207(c)(4), Nov. 5, 1990, 104 Stat. 1665; Pub. L. 102–190, div. A, title X, § 1061(a)(26)(C)(i), Dec. 5, 1991, 105 Stat. 1474, effective Oct. 1, 1993.
heading: Amendments
text: 2014—Subsec. (a). Pub. L. 113–291 substituted “(50 U.S.C. 3614)” for “(50 U.S.C. 402 note)”.
1996—Pub. L. 104–201 renumbered section 1608 of this title as this section.
heading: Effective Date
text: Pub. L. 101–193, title V, § 507(b), Nov. 30, 1989, 103 Stat. 1710, provided that: “Section 1608 [now 1623] of title 10, United States Code, as added by subsection (a), shall take effect on the date of enactment of this Act [Nov. 30, 1989].”
10 U.S.C. § 2154 (ARMED FORCES)
§ 2154. Joint professional military education: three-phase approach
(a) Three-Phase Approach.—
The Secretary of Defense shall implement a three-phase approach to joint professional military education, as follows:
(1) There shall be a course of instruction, designated and certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as Phase I instruction, consisting of all the elements of a joint professional military education (as specified in section 2151(a) of this title), in addition to the principal curriculum taught to all officers at an intermediate level service school or at a joint intermediate level school.
(2) There shall be a course of instruction, designated and certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as Phase II instruction, consisting of—
(A) a joint professional military education curriculum taught in residence at the Joint Forces Staff College or a senior level service school that has been designated and certified by the Secretary of Defense as a joint professional military education institution; or
(B) a senior level service course of at least ten months that has been designated and certified by the Secretary of Defense as a joint professional military education course.
(3) There shall be a course of instruction, designated and certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as the Capstone course, for officers selected for promotion to the grade of brigadier general or, in the case of the Navy, rear admiral (lower half) and offered in accordance with section 2153 of this title.
(b) Sequenced Approach.—
The Secretary shall require the sequencing of joint professional military education so that the standard sequence of assignments for such education requires an officer to complete Phase I instruction before proceeding to Phase II instruction, as provided in section 2155(a) of this title.
(Added Pub. L. 108–375, div. A, title V, § 532(a)(2), Oct. 28, 2004, 118 Stat. 1898; amended Pub. L. 112–81, div. A, title V, § 552(a)(1), Dec. 31, 2011, 125 Stat. 1412; Pub. L. 113–291, div. A, title V, § 506, Dec. 19, 2014, 128 Stat. 3356.)
heading: Amendments
text: 2014—Subsec. (a)(2). Pub. L. 113–291 substituted “consisting of—” for “consisting of a joint professional military education curriculum taught in residence at—” in introductory provisions, added subpars. (A) and (B), and struck out former subpars. (A) and (B) which read as follows:
“(A) the Joint Forces Staff College; or
“(B) a senior level service school that has been designated and certified by the Secretary of Defense as a joint professional military education institution.”
2011—Subsec. (a)(1). Pub. L. 112–81 inserted “or at a joint intermediate level school” before period at end.
10 U.S.C. § 2218a (ARMED FORCES)
§ 2218a. National Sea-Based Deterrence Fund
(a) Establishment.—
There is established in the Treasury of the United States a fund to be known as the “National Sea-Based Deterrence Fund”.
(b) Administration of Fund.—
The Secretary of Defense shall administer the Fund consistent with the provisions of this section.
(c) Fund Purposes.—
(1) Funds in the Fund shall be available for obligation and expenditure only for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.
(2) Funds in the Fund may not be used for a purpose or program unless the purpose or program is authorized by law.
(d) Deposits.—
There shall be deposited in the Fund all funds appropriated to the Department of Defense for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.
(e) Expiration of Funds After 5 Years.—
No part of an appropriation that is deposited in the Fund pursuant to subsection (d) shall remain available for obligation more than five years after the end of fiscal year for which appropriated except to the extent specifically provided by law.
(f) Budget Requests.—
Budget requests submitted to Congress for the Fund shall separately identify the amount requested for programs, projects, and activities for construction (including design of vessels), purchase, alteration, and conversion of national sea-based deterrence vessels.
(g) Definitions.—
In this section:
(1) The term “Fund” means the National Sea-Based Deterrence Fund established by subsection (a).
(2) The term “national sea-based deterrence vessel” means any vessel owned, operated, or controlled by the Department of Defense that carries operational intercontinental ballistic missiles.
(Added Pub. L. 113–291, div. A, title X, § 1022(a)(1), Dec. 19, 2014, 128 Stat. 3486.)
10 U.S.C. § 2264 (ARMED FORCES)
§ 2264. Reimbursement for assistance provided to nongovernmental entertainment-oriented media producers
(a) In General.—
There shall be credited to the applicable appropriations account or fund from which the expenses described in subsection (b) were charged any amounts received by the Department of Defense as reimbursement for such expenses.
(b) Description of Expenses.—
The expenses referred to in subsection (a) are any expenses—
(1) incurred by the Department of Defense as a result of providing assistance to a nongovernmental entertainment-oriented media producer;
(2) for which the Department of Defense requires reimbursement under section 9701 of title 31 or any other provision of law; and
(3) for which the Department of Defense received reimbursement after the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015.
(Added Pub. L. 113–291, div. A, title VIII, § 859(a), Dec. 19, 2014, 128 Stat. 3461.)
heading: References in Text
text: The date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, referred to in subsec. (b)(3), is the date of the enactment of Pub. L. 113–291, which was approved Dec. 19, 2014.
10 U.S.C. § 2314 (ARMED FORCES)
§ 2314. Laws inapplicable to agencies named in section 2303 of this title
Sections 6101 and 6304 of title 41 do not apply to the procurement or sale of property or services by the agencies named in section 2303 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 133; Pub. L. 96–513, title V, § 511(78), Dec. 12, 1980, 94 Stat. 2927; Pub. L. 103–160, div. A, title VIII, § 822(b)(2), Nov. 30, 1993, 107 Stat. 1706; Pub. L. 111–350, § 5(b)(16), Jan. 4, 2011, 124 Stat. 3843; Pub. L. 113–291, div. A, title X, § 1071(a)(4), Dec. 19, 2014, 128 Stat. 3504.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
2314
41:160.
Feb. 19, 1948, ch. 65, § 11(b), 62 Stat. 25.
heading: Amendments
text: 2014—Pub. L. 113–291 substituted “Sections 6101” for “Sections 6101(b)–(d)”.
2011—Pub. L. 111–350 substituted “Sections 6101(b)–(d) and 6304 of title 41” for “Sections 3709 and 3735 of the Revised Statutes (41 U.S.C. 5 and 13)”.
1993—Pub. L. 103–160 inserted “or sale” after “procurement”.
1980—Pub. L. 96–513 substituted “Sections 3709 and 3735 of the Revised Statutes (41 U.S.C. 5 and 13)” for “Sections 5, 6, 6a, and 13 of title 41”.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 2418 (ARMED FORCES)
§ 2418. Authority to provide certain types of technical assistance
(a) The procurement technical assistance furnished by eligible entities assisted by the Department of Defense under this chapter may include technical assistance relating to contracts entered into with (1) Federal departments and agencies other than the Department of Defense, and (2) State and local governments.
(b) An eligible entity assisted by the Department of Defense under this chapter also may furnish information relating to assistance and other programs available pursuant to the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992.
(c) An eligible entity assisted by the Department of Defense under this chapter also may furnish education on the requirements applicable to small businesses under the regulations issued under section 38 of the Arms Export Control Act (22 U.S.C. 2778) and on compliance with those requirements.
(Added Pub. L. 102–484, div. D, title XLII, § 4236(a)(1)(B), Oct. 23, 1992, 106 Stat. 2691; amended Pub. L. 113–291, div. A, title VIII, § 823(b), Dec. 19, 2014, 128 Stat. 3436.)
heading: References in Text
text: The Defense Conversion, Reinvestment, and Transition Assistance Act of 1992, referred to in subsec. (b), is division D of Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2658. For complete classification of division D to the Code, see Short Title note set out under section 2500 of this title and Tables.
heading: Prior Provisions
text: A prior section 2418 was renumbered section 2420 of this title.
heading: Amendments
text: 2014—Subsec. (c). Pub. L. 113–291 added subsec. (c).
10 U.S.C. § 2462 (ARMED FORCES)
[§ 2462. Repealed. Pub. L. 113–291, div. A, title X, § 1060(a)(2)(A), Dec. 19, 2014, 128 Stat. 3502]
text: Section, added Pub. L. 100–370, § 2(a)(1), July 19, 1988, 102 Stat. 853; amended Pub. L. 109–163, div. A, title III, § 341(c)(1), Jan. 6, 2006, 119 Stat. 3197, related to reports on public-private competition.
10 U.S.C. § 2492 (ARMED FORCES)
§ 2492. Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide and obtain goods and services
An agency or instrumentality of the Department of Defense that supports the operation of the exchange system, or the operation of a morale, welfare, and recreation system, of the Department of Defense may enter into a contract or other agreement with another element of the Department of Defense or with another Federal department, agency, or instrumentality—
(1) to provide or obtain goods and services beneficial to the efficient management and operation of the exchange system or that morale, welfare, and recreation system; or
(2) to provide or obtain food services beneficial to the efficient management and operation of the dining facilities on military installations offering food services to members of the armed forces.
(Added Pub. L. 104–201, div. A, title III, § 341(a)(1), Sept. 23, 1996, 110 Stat. 2488, § 2482a; renumbered § 2492, Pub. L. 108–375, div. A, title VI, § 651(c)(3), Oct. 28, 2004, 118 Stat. 1972; amended Pub. L. 113–291, div. A, title VI, § 632, Dec. 19, 2014, 128 Stat. 3405.)
heading: Prior Provisions
text: A prior section 2492 was renumbered section 2489 of this title.
heading: Amendments
text: 2014—Pub. L. 113–291 substituted “Federal department, agency, or instrumentality—” for “Federal department, agency, or instrumentality to provide or obtain goods and services beneficial to the efficient management and operation of the exchange system or that morale, welfare, and recreation system.” and added pars. (1) and (2).
2004—Pub. L. 108–375 renumbered section 2482a of this title as this section.