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10 U.S.C. § 673 (ARMED FORCES)
§ 673. Consideration of application for permanent change of station or unit transfer for members on active duty who are the victim of a sexual assault or related offense
(a) 1 Timely Consideration and Action.—
The Secretary concerned shall provide for timely determination and action on an application for consideration of a change of station or unit transfer submitted by a member of the armed forces serving on active duty who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the member for reporting the sexual assault or other offense.
(b) Regulations.—
The Secretary concerned shall issue regulations to carry out this section, within guidelines provided by the Secretary of Defense. These guidelines shall provide that the application submitted by a member described in subsection (a) for a change of station or unit transfer must be approved or disapproved by the member’s commanding officer within 72 hours of the submission of the application. Additionally, if the application is disapproved by the commanding officer, the member shall be given the opportunity to request review by the first general officer or flag officer in the chain of command of the member, and that decision must be made within 72 hours of submission of the request for review.
(Added Pub. L. 112–81, div. A, title V, § 582(a), Dec. 31, 2011, 125 Stat. 1432; amended Pub. L. 113–66, div. A, title X, § 1091(a)(8), title XVII, § 1712, Dec. 26, 2013, 127 Stat. 876, 963; Pub. L. 115–91, div. A, title X, § 1081(c)(2)(A), Dec. 12, 2017, 131 Stat. 1599.)
heading: Amendment of Subsection (a)
text: Pub. L. 115–91, div. A, title X, § 1081(c)(2)(A), (4), Dec. 12, 2017, 131 Stat. 1599, provided that, effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 (see Tables for classification) take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), subsection (a) of this section is amended—
(1) by striking “920a, or 920c” and inserting “920c, or 930”; and
(2) by striking “120a, or 120c” and inserting “120c, or 130”.
heading: Prior Provisions
text: A prior section 673 was renumbered section 12302 of this title.
heading: Amendments
text: 2017—Subsec. (a). Pub. L. 115–91 substituted “920c, or 930” for “920a, or 920c” and “120c, or 130” for “120a, or 120c”.
2013—Subsec. (a). Pub. L. 113–66, § 1091(a)(8), inserted “of the Uniform Code of Military Justice” after “120c”.
Subsec. (b). Pub. L. 113–66, § 1712, substituted “The Secretary concerned” for “The Secretaries of the military departments”.
heading: Effective Date of 2017 Amendment
text: Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
10 U.S.C. § 674 (ARMED FORCES)
§ 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense
(a) 1 Guidance for Timely Consideration and Action.—
The Secretary concerned may provide guidance, within guidelines provided by the Secretary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed an offense under section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice) or an attempt to commit such an offense as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or from an assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member’s unit.
(b) Time for Determination.—
A determination described in subsection (a) may be made at any time after receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator.
(Added Pub. L. 113–66, div. A, title XVII, § 1713(a), Dec. 26, 2013, 127 Stat. 963; amended Pub. L. 113–291, div. A, title X, § 1071(f)(8), Dec. 19, 2014, 128 Stat. 3510; Pub. L. 115–91, div. A, title X, § 1081(c)(2)(B), Dec. 12, 2017, 131 Stat. 1599.)
heading: Amendment of Subsection (a)
text: Pub. L. 115–91, div. A, title X, § 1081(c)(2)(B), (4), Dec. 12, 2017, 131 Stat. 1599, provided that, effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 (see Tables for classification) take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), subsection (a) of this section is amended—
(1) by striking “920a, 920b, 920c, or 925” and inserting “920b, 920c, or 930”; and
(2) by striking “120a, 120b, 120c, or 125” and inserting “120b, 120c, or 130”.
heading: Prior Provisions
text: A prior section 674 was renumbered section 12306 of this title.
heading: Amendments
text: 2017—Subsec. (a). Pub. L. 115–91 substituted “920b, 920c, or 930” for “920a, 920b, 920c, or 925” and “120b, 120c, or 130” for “120a, 120b, 120c, or 125”.
2014—Subsec. (b). Pub. L. 113–291 substituted “after receipt” for “afer receipt”.
heading: Effective Date of 2017 Amendment
text: Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
10 U.S.C. § 703 (ARMED FORCES)
§ 703. Reenlistment leave
(a) Leave for not more than 90 days may be authorized, in the discretion of the Secretary concerned, or his designated representative, to a member of an armed force who reenlists. Leave authorized under this section shall be deducted from leave accrued during active service before reenlistment or charged against leave that may accrue during future active service, or both.
(b) Under regulations prescribed by the Secretary of Defense, and notwithstanding subsection (a), a member who is on active duty in an area described in section 310(a)(2) or paragraph (1) or (3) of section 351(a) of title 37 and who, by reenlistment, extension of enlistment, or other voluntary action, extends his required tour of duty in that area for at least six months may be—
(1) authorized not more than thirty days of leave, exclusive of travel time, at an authorized place selected by the member; and
(2) transported at the expense of the United States to and from that place.
Leave under this subsection may not be charged or credited to leave that accrued or that may accrue under section 701 of this title. The provisions of this subsection shall be effective only in the case of members who extend their required tours of duty on or before June 30, 1973.
(Added Pub. L. 87–649, § 3(1), Sept. 7, 1962, 76 Stat. 493; amended Pub. L. 89–735, Nov. 2, 1966, 80 Stat. 1163; Pub. L. 90–330, June 5, 1968, 82 Stat. 170; Pub. L. 91–302, July 2, 1970, 84 Stat. 368; Pub. L. 92–481, Oct. 9, 1972, 86 Stat. 795; Pub. L. 115–91, div. A, title VI, § 618(c), Dec. 12, 2017, 131 Stat. 1426.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
703
37:31a(a) (4th and 7th sentences).
Aug. 9, 1946, ch. 931, § 3(a) (4th and 7th sentences), 60 Stat. 963.
37:32(f) (last 8 words)
Aug. 9, 1946, ch. 931, § 2(f) (last 8 words), 60 Stat. 963.
The 4th sentence of section 31a(a) of existing title 37 is omitted as executed. The words “, or his designated representative,” are substituted for the last 8 words of section 32(f) of existing title 37.
heading: Amendments
text: 2017—Subsec. (b). Pub. L. 115–91 inserted “or paragraph (1) or (3) of section 351(a)” after “section 310(a)(2)” in introductory provisions.
1972—Subsec. (b). Pub. L. 92–481 substituted “June 30, 1973” for “June 30, 1972”.
1970—Subsec. (b). Pub. L. 91–302 substituted “June 30, 1972” for “June 30, 1970”.
1968—Subsec. (b). Pub. L. 90–330 substituted “June 30, 1970” for “June 30, 1968”.
1966—Pub. L. 89–735 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Effective Date
text: Section 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.
10 U.S.C. § 705a (ARMED FORCES)
§ 705a. Rest and recuperation absence: certain members undergoing extended deployment to a combat zone
(a) Rest and Recuperation Authorized.—
Under regulations prescribed by the Secretary of Defense, the Secretary concerned may provide a member of the armed forces described in subsection (b) the benefits described in subsection (c).
(b) Covered Members.—
A member of the armed forces described in this subsection is any member who—
(1) is assigned or deployed for at least 270 days in an area or location—
(A) that is designated by the President as a combat zone; and
(B) in which hardship duty pay is authorized to be paid under section 305 or 352(a) of title 37; and
(2) meets such other criteria as the Secretary of Defense may prescribe in the regulations required by subsection (a).
(c) Benefits.—
The benefits described in this subsection are the following:
(1) A period of rest and recuperation absence for not more than 15 days.
(2) Round-trip transportation at Government expense from the area or location in which the member is serving in connection with the exercise of the period of rest and recuperation.
(d) Construction With Other Leave.—
Any benefits provided a member under this section are in addition to any other leave or absence to which the member may be entitled.
(Added Pub. L. 111–383, div. A, title V, § 532(a), Jan. 7, 2011, 124 Stat. 4216; amended Pub. L. 115–91, div. A, title VI, § 618(e), Dec. 12, 2017, 131 Stat. 1426.)
heading: Amendments
text: 2017—Subsec. (b)(1)(B). Pub. L. 115–91 inserted “or 352(a)” after “section 305”.
10 U.S.C. § 830a (ARMED FORCES)
§ 830a. Art. 30a. Certain proceedings conducted before referral
(a) In General.—
(1) Proceedings may be conducted to review, or otherwise act on, the following matters before referral of charges and specifications to court-martial for trial in accordance with regulations prescribed by the President:
(A) Pre-referral investigative subpoenas.
(B) Pre-referral warrants or orders for electronic communications.
(C) Pre-referral matters referred by an appellate court.
(D) Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).
(2) The regulations prescribed under paragraph (1) shall—
(A) include procedures for the review of such rulings that may be ordered under this section as the President considers appropriate; and
(B) provide such limitations on the relief that may be ordered under this section as the President considers appropriate.
(3) If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial.
(b) Detail of Military Judge.—
The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed to proceedings under subsection (a)(1).
(c) Discretion to Designate Magistrate to Preside.—
In accordance with regulations prescribed by the Secretary concerned, a military judge detailed to a proceeding under subsection (a)(1), other than a proceeding described in subparagraph (B) of that subsection, may designate a military magistrate to preside over the proceeding.
(Added Pub. L. 114–328, div. E, title LVI, § 5202, Dec. 23, 2016, 130 Stat. 2904; amended Pub. L. 115–91, div. A, title V, § 531(b), Dec. 12, 2017, 131 Stat. 1384.)
heading: Delayed Effective Date
text: For delayed effective date of section, see Effective Date note below.
heading: Amendments
text: 2017—Subsec. (a)(1). Pub. L. 115–91,§ 531(b)(1), inserted “, or otherwise act on,” after “to review” in introductory provisions.
Subsec. (a)(1)(D). Pub. L. 115–91, § 531(b)(2), added subpar. (D).
heading: Effective Date of 2017 Amendment
text: Amendment by Pub. L. 115–91 effective immediately after this section takes effect as provided for in section 5542 of Pub. L. 114–328 (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.
heading: Effective Date
text: Section effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as an Effective Date of 2016 Amendment note under section 801 of this title.
10 U.S.C. § 1074n (ARMED FORCES)
§ 1074n. Annual mental health assessments for members of the armed forces
(a) Mental Health Assessments.—
Subject to subsection (c), not less frequently than once each calendar year (and before separation from active duty pursuant to section 1145(a)(5)(A) of this title), the Secretary of Defense shall provide a person-to-person mental health assessment for—
(1) each member of a regular component of the armed forces; and
(2) each member of the Selected Reserve of an armed force.
(b) Elements.—
The mental health assessments provided pursuant to this section shall—
(1) be conducted in accordance with the requirements of subsection (c)(1) of section 1074m of this title with respect to a mental health assessment provided pursuant to such section; and
(2) include a review of the health records of the member that are related to each previous health assessment or other relevant activities of the member while serving in the armed forces, as determined by the Secretary.
(c) Sufficiency of Other Mental Health Assessments.—
(1) The Secretary is not required to provide a mental health assessment pursuant to this section to an individual in a calendar year in which the individual has received a mental health assessment pursuant to section 1074m of this title.
(2) The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f of this title, as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section.
(d) Privacy Matters.—
Any medical or other personal information obtained under this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information.
(e) Regulations.—
The Secretary of Defense shall, in consultation with the other administering Secretaries, prescribe regulations for the administration of this section.
(Added Pub. L. 113–291, div. A, title VII, § 701(a)(1), Dec. 19, 2014, 128 Stat. 3408; amended Pub. L. 115–91, div. A, title VII, § 706(b), Dec. 12, 2017, 131 Stat. 1436.)
heading: Amendments
text: 2017—Subsec. (a). Pub. L. 115–91 inserted “(and before separation from active duty pursuant to section 1145(a)(5)(A) of this title)” after “each calendar year” in introductory provisions.
heading: Implementation of Regulations
text: Pub. L. 113–291, div. A, title VII, § 701(a)(3), Dec. 19, 2014, 128 Stat. 3409, provided that: “Not later than 180 days after the date of the issuance of the regulations prescribed under section 1074n(e) of title 10, United States Code, as added by paragraph (1), the Secretary of Defense shall implement such regulations.”
10 U.S.C. § 1074o (ARMED FORCES)
§ 1074o. Provision of hyperbaric oxygen therapy for certain members
(a) In General.—
The Secretary may furnish hyperbaric oxygen therapy available at a military medical treatment facility to a covered member if such therapy is prescribed by a physician to treat post-traumatic stress disorder or traumatic brain injury.
(b) Covered Member Defined.—
In this section, the term “covered member” means a member of the armed forces who is—
(1) serving on active duty; and
(2) diagnosed with post-traumatic stress disorder or traumatic brain injury.
(Added Pub. L. 115–91, div. A, title VII, § 703(a)(1), Dec. 12, 2017, 131 Stat. 1435.)
heading: Effective Date
text: Pub. L. 115–91, div. A, title VII, § 703(b), Dec. 12, 2017, 131 Stat. 1435, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect 90 days after the date of the enactment of this Act [Dec. 12, 2017].”
10 U.S.C. § 1079a (ARMED FORCES)
§ 1079a. TRICARE program: treatment of refunds and other amounts collected
All refunds and other amounts collected in the administration of the TRICARE program shall be credited to the appropriation available for that program for the fiscal year in which the refund or amount is collected.
(Added Pub. L. 104–201, div. A, title VII, § 733(a)(1), Sept. 23, 1996, 110 Stat. 2597; amended Pub. L. 114–328, div. A, title VII, § 701(j)(1)(D), Dec. 23, 2016, 130 Stat. 2192.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following appropriations acts:
Pub. L. 104–61, title VIII, § 8094, Dec. 1, 1995, 109 Stat. 671.
Pub. L. 103–335, title VIII, § 8144, Sept. 30, 1994, 108 Stat. 2656.
heading: Amendments
text: 2016—Pub. L. 114–328 substituted “TRICARE program” for “CHAMPUS” in section catchline and “the TRICARE program” for “the Civilian Health and Medical Program of the Uniformed Services” in text.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 applicable with respect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, see section 701(k) of Pub. L. 114–328, set out as a note under section 1072 of this title.
10 U.S.C. § 1095f (ARMED FORCES)
§ 1095f. TRICARE program: referrals and preauthorizations under TRICARE Prime
(a) Referrals.—
(1) Except as provided by paragraph (2), a beneficiary enrolled in TRICARE Prime shall be required to obtain a referral for care through a designated primary care manager (or other care coordinator) prior to obtaining care under the TRICARE program.
(2) The Secretary may waive the referral requirement in paragraph (1) in such circumstances as the Secretary may establish for purposes of this subsection.
(3) The cost-sharing amounts for a beneficiary enrolled in TRICARE Prime who does not obtain a referral for care under paragraph (1) (or a waiver pursuant to paragraph (2) for such care) shall be determined under section 1075a(c) of this title.
(b) Preauthorization.—
A beneficiary enrolled in TRICARE Prime shall be required to obtain preauthorization only with respect to a referral for the following:
(1) Inpatient hospitalization.
(2) Inpatient care at a skilled nursing facility.
(3) Inpatient care at a rehabilitation facility.
(4) Inpatient care at a residential treatment center.
(c) Prohibition Regarding Prior Authorization for Certain Referrals.—
The Secretary of Defense shall ensure that no contract for managed care support under the TRICARE program includes any requirement that a managed care support contractor require a primary care or specialty care provider to obtain prior authorization before referring a patient to a specialty care provider that is part of the network of health care providers or institutions of the contractor.
(Added Pub. L. 106–398, § 1 [[div. A], title VII, § 728(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–189; amended Pub. L. 114–328, div. A, title VII, § 701(c), Dec. 23, 2016, 130 Stat. 2186; Pub. L. 115–91, div. A, title VII, § 739(e)(1), Dec. 12, 2017, 131 Stat. 1447.)
heading: Amendments
text: 2017—Subsec. (b)(4). Pub. L. 115–91 added par. (4).
2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “The Secretary of Defense shall ensure that no contract for managed care support under the TRICARE program includes any requirement that a managed care support contractor require a primary care or specialty care provider to obtain prior authorization before referring a patient to a specialty care provider that is part of the network of health care providers or institutions of the contractor.”
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 applicable with respect to the provision of health care under the TRICARE program beginning on Jan. 1, 2018, see section 701(k) of Pub. L. 114–328, set out as a note under section 1072 of this title.
heading: Effective Date
text: Pub. L. 106–398, § 1 [[div. A], title VII, § 728(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–189, provided that: “Section 1095f of title 10, United States Code, as added by subsection (a), shall apply with respect to a TRICARE managed care support contract entered into by the Department of Defense after the date of the enactment of this Act [Oct. 30, 2000].”
10 U.S.C. § 2105 (ARMED FORCES)
§ 2105. Advanced training; failure to complete or to accept commission
A member of the program who is selected for advanced training under section 2104 of this title, and who does not complete the course of instruction, or who completes the course but declines to accept a commission when offered, may be ordered to active duty by the Secretary of the military department concerned to serve in his enlisted grade or rating for such period of time as the Secretary prescribes but not for more than two years. If the member does not complete the period of active duty prescribed by the Secretary concerned, the member shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.
(Added Pub. L. 88–647, title II, § 201(1), Oct. 13, 1964, 78 Stat. 1066; amended Pub. L. 109–163, div. A, title VI, § 687(c)(4), Jan. 6, 2006, 119 Stat. 3334; Pub. L. 109–364, div. A, title X, § 1071(a)(11), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(D), Dec. 12, 2017, 131 Stat. 1426.)
heading: Amendments
text: 2017—Pub. L. 115–91 inserted “or 373” before “of title 37”.
2006—Pub. L. 109–364 inserted period at end.
Pub. L. 109–163 inserted at end “If the member does not complete the period of active duty prescribed by the Secretary concerned, the member shall be subject to the repayment provisions of section 303a(e) of title 37”.
heading: Savings Provision
text: For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title.