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10 U.S.C. § 637a (ARMED FORCES)
§ 637a. Continuation on active duty: officers in certain military specialties and career tracks
(a) In General.—
The Secretary of the military department concerned may authorize an officer in a grade above grade O–2 to remain on active duty after the date otherwise provided for the separation or retirement of the officer in section 632, 633, 634, 635, or 636 of this title, as applicable, if the officer has a military occupational specialty, rating, or specialty code in a military specialty designated pursuant to subsection (b).
(b) Military Specialties.—
Each Secretary of a military department shall designate the military specialties in which a military occupational specialty, rating, or specialty code, as applicable, assigned to members of the armed forces under the jurisdiction of such Secretary authorizes the members to be eligible for continuation on active duty as provided in subsection (a).
(c) Duration of Continuation.—
An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service.
(d) Regulations.—
The Secretaries of the military departments shall carry out this section in accordance with regulations prescribed by the Secretary of Defense. The regulations shall specify the criteria to be used by the Secretaries of the military departments in designating military specialties for purposes of subsection (b).
(Added Pub. L. 114–328, div. A, title V, § 505(a)(1), Dec. 23, 2016, 130 Stat. 2107; amended Pub. L. 115–232, div. A, title V, § 506, title X, § 1081(a)(8), Aug. 13, 2018, 132 Stat. 1743, 1983; Pub. L. 116–92, div. A, title V, § 504, Dec. 20, 2019, 133 Stat. 1345.)
heading: Amendments
text: 2019—Subsec. (a). Pub. L. 116–92 inserted “separation or retirement” after “provided for the”.
2018—Subsec. (a). Pub. L. 115–232, § 506, substituted “grade O–2” for “grade O–4” and inserted “632,” before “633,”.
Subsec. (d). Pub. L. 115–232, § 1081(a)(8), substituted “specialties” for “specialities”.
10 U.S.C. § 649j (ARMED FORCES)
§ 649j. Other administrative authorities
The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this subchapter:
(1) Section 638b, relating to voluntary retirement incentives.
(2) Section 639, relating to continuation on active duty to complete disciplinary action.
(3) Section 640, relating to deferment of retirement or separation for medical reasons.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1748; amended Pub. L. 116–92, div. A, title XVII, § 1731(a)(18), Dec. 20, 2019, 133 Stat. 1813.)
heading: Amendments
text: 2019—Subsec. (a). Pub. L. 116–92 struck out “(a) In General.—” before “The”.
10 U.S.C. § 928b (ARMED FORCES)
§ 928b. Art. 128b. Domestic violence
Any person who—
(1) commits a violent offense against a spouse, an intimate partner, or an immediate family member of that person;
(2) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person—
(A) commits an offense under this chapter against any person; or
(B) commits an offense under this chapter against any property, including an animal;
(3) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person, violates a protection order;
(4) with intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person, violates a protection order; or
(5) assaults a spouse, an intimate partner, or an immediate family member of that person by strangling or suffocating;
shall be punished as a court-martial may direct.
(Added Pub. L. 115–232, div. A, title V, § 532(a)(1), Aug. 13, 2018, 132 Stat. 1759; amended Pub. L. 116–92, div. A, title XVII, § 1731(a)(20), Dec. 20, 2019, 133 Stat. 1813.)
heading: Amendments
text: 2019—Pub. L. 116–92 inserted section catchline. Identical section catchline had been editorially supplied.
heading: Effective Date
text: Pub. L. 115–232, div. A, title V, § 532(b), Aug. 13, 2018, 132 Stat. 1760, provided that: “The amendments made by this section [enacting this section] shall take effect on January 1, 2019, immediately after the coming into effect of the amendments made by the Military Justice Act of 2016 (division E of Public Law 114–328) [see Tables for classification] as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).”
10 U.S.C. § 988 (ARMED FORCES)
§ 988. Prohibition on ownership or trading of stocks in certain companies by certain officials of the Department of Defense
(a) Prohibition.—
Except as provided in subsection (b), a covered official of the Department of Defense may not own or purchase publicly traded stock of a company if that company is one of the 10 entities awarded the most amount of contract funds by the Department of Defense in a fiscal year during the five preceding fiscal years.
(b) Exceptions.—
This section shall not apply to the purchase or ownership of a publicly traded stock of a company otherwise described in subsection (a) as follows:
(1) If the aggregate market value of the holdings of the covered official, and the spouse and minor children of the covered official, in the stock of that company, both before and after purchase (in the case of a purchase), does not exceed the de minimis threshold established in section 2640.202(a)(2) of title 5, Code of Federal Regulations.
(2) If the stock is purchased and owned as part of an Excepted Investment Fund or mutual fund.
(c) Definitions.—
In this section:
(1) The term “covered official of the Department of Defense” means any of the following:
(A) A civilian appointed to a position in the Department of Defense by the President, by and with the advice and consent of the Senate.
(B) If serving in a key acquisition position (as designated by the Secretary of Defense or the Secretary concerned for purposes of this section), the following:
(i) A member of the armed forces in a grade above O–6.
(ii) A civilian officer or employee in a Senior Executive Service, Senior-Level, or Scientific or Professional position.
(2) The term “Excepted Investment Fund” means a widely-held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.).
(Added Pub. L. 116–92, div. A, title IX, § 921(a), Dec. 20, 2019, 133 Stat. 1560.)
10 U.S.C. § 1060c (ARMED FORCES)
§ 1060c. Provision of veterinary services in emergencies
(a) In General.—
A veterinary professional described in subsection (b) may provide veterinary services for the purposes described in subsection (c) in any State, the District of Columbia, or a territory or possession of the United States, without regard to where such veterinary professional or the patient animal are located, if the provision of such services is within the scope of the authorized duties of such veterinary professional for the Department of Defense.
(b) Veterinary Professional Described.—
A veterinary professional described in this subsection is an individual who is—
(1)
(A) a member of the armed forces, a civilian employee of the Department of Defense, or otherwise credentialed and privileged at a Federal veterinary institution or location designated by the Secretary of Defense for purposes of this section; or
(B) a member of the National Guard performing training or duty under section 502(f) of title 32;
(2) certified as a veterinary professional by a certification recognized by the Secretary of Defense; and
(3) currently licensed by a State, the District of Columbia, or a territory or possession of the United States to provide veterinary services.
(c) Purposes Described.—
The purposes described in this subsection are veterinary services in response to any of the following:
(1) A national emergency declared by the President pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.).
(2) A major disaster or an emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).
(3) A public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).
(4) An extraordinary emergency, as determined by the Secretary of Agriculture under section 10407(b) of the Animal Health Protection Act (7 U.S.C. 8306(b)).
(Added Pub. L. 116–92, div. A, title VII, § 735(a), Dec. 20, 2019, 133 Stat. 1462.)
heading: References in Text
text: The National Emergencies Act, referred to in subsec. (c)(1), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.
10 U.S.C. § 1136 (ARMED FORCES)
§ 1136. Honorable service requirement for award of military decorations
No military decoration, including a medal, cross, or bar, or an associated emblem or insignia, may be awarded or presented to any person, or to a representative of the person, if the service of the person after the person distinguished himself or herself has not been honorable.
(Added Pub. L. 116–92, div. A, title V, § 582(a)(1), Dec. 20, 2019, 133 Stat. 1411.)
10 U.S.C. § 1253 (ARMED FORCES)
§ 1253. Age 64: regular commissioned officers in general and flag officer grades; exceptions
(a) General Rule.—
Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, or Marine Corps serving in a general or flag officer grade shall be retired on the first day of the month following the month in which the officer becomes 64 years of age.
(b) Exception for Officers Serving in O–9 and O–10 Positions.—
In the case of an officer serving in a position that carries a grade above major general or rear admiral, the retirement under subsection (a) of that officer may be deferred—
(1) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age; or
(2) by the Secretary of Defense, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age.
(c) Deferred Retirement of Chaplains.—
(1) The Secretary of the military department concerned may defer the retirement under subsection (a) of an officer serving in a general or flag officer grade who is the Chief of Chaplains or Deputy Chief of Chaplains of that officer’s armed force.
(2) A deferment of the retirement of an officer referred to in paragraph (1) may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age.
(Added Pub. L. 109–364, div. A, title V, § 502(a), Oct. 17, 2006, 120 Stat. 2176; amended Pub. L. 114–92, div. A, title V, § 504(a), (b)(1), Nov. 25, 2015, 129 Stat. 807; Pub. L. 116–92, div. A, title V, § 508, Dec. 20, 2019, 133 Stat. 1346.)
heading: Amendments
text: 2019—Subsec. (c)(3). Pub. L. 116–92 struck out par. (3) which read as follows: “The authority to defer the retirement of an officer referred to in paragraph (1) expires December 31, 2020. Subject to paragraph (2), a deferment granted before that date may continue on and after that date.”
2015—Pub. L. 114–92, § 504(b)(1), substituted “Age 64: regular commissioned officers in general and flag officer grades; exceptions” for “Age 64: regular commissioned officers in general and flag officer grades; exception” in section catchline.
Subsec. (c). Pub. L. 114–92, § 504(a), added subsec. (c).
10 U.S.C. § 1567a (ARMED FORCES)
§ 1567a. Mandatory notification of issuance of military protective order to civilian law enforcement
(a) Initial Notification.—
In the event a military protective order is issued against a member of the armed forces, the commander of the unit to which the member is assigned shall, not later than seven days after the date of the issuance of the order, notify the appropriate civilian authorities of—
(1) the issuance of the protective order; and
(2) the individuals involved in the order.
(b) Notification in Event of Transfer.—
In the event that a member of the armed forces against whom a military protective order is issued is transferred to another unit—
(1) not later than the date of the transfer, the commander of the unit from which the member is transferred shall notify the commander of the unit to which the member is transferred of—
(A) the issuance of the protective order; and
(B) the individuals involved in the order; and
(2) not later than seven days after receiving the notice under paragraph (1), the commander of the unit to which the member is transferred shall provide notice of the order to the appropriate civilian authorities in accordance with subsection (a).
(c) Notification of Changes or Termination.—
The commander of the unit to which the member is assigned also shall notify the appropriate civilian authorities of—
(1) any change made in a protective order covered by subsection (a); and
(2) the termination of the protective order.
(Added Pub. L. 110–417, [div. A], title V, § 562(a), Oct. 14, 2008, 122 Stat. 4470; amended Pub. L. 111–84, div. A, title X, § 1073(a)(17), Oct. 28, 2009, 123 Stat. 2473; Pub. L. 116–92, div. A, title V, § 543(a), Dec. 20, 2019, 133 Stat. 1376.)
heading: Amendments
text: 2019—Subsec. (a). Pub. L. 116–92, § 543(a)(1), substituted “, the commander of the unit to which the member is assigned shall, not later than seven days after the date of the issuance of the order, notify” for “and any individual involved in the order does not reside on a military installation at any time during the duration of the military protective order, the commander of the military installation shall notify” in introductory provisions.
Subsec. (b). Pub. L. 116–92, § 543(a)(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 116–92, § 543(a)(2), (4), redesignated subsec. (b) as (c) and substituted “commander of the unit to which the member is assigned” for “commander of the military installation”.
2009—Pub. L. 111–84 made technical amendment to section catchline.
10 U.S.C. § 1702 (ARMED FORCES)
§ 1702. Under Secretary of Defense for Acquisition and Sustainment: authorities and responsibilities
Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment shall carry out all powers, functions, and duties of the Secretary of Defense with respect to the acquisition workforce in the Department of Defense. The Under Secretary shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented throughout the Department of Defense. The Under Secretary shall prescribe policies and requirements for the educational programs of the defense acquisition university structure established under section 1746 of this title.
(Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1638; amended Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 105–261, div. A, title VIII, § 815, Oct. 17, 1998, 112 Stat. 2088; Pub. L. 107–107, div. A, title X, § 1048(b)(2), (3)(A), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 116–92, div. A, title IX, § 902(11), Dec. 20, 2019, 133 Stat. 1544.)
heading: Amendments
text: 2019—Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics” in section catchline and in text.
2001—Pub. L. 107–107 substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology” in section catchline and in text.
1998—Pub. L. 105–261 inserted at end “The Under Secretary shall prescribe policies and requirements for the educational programs of the defense acquisition university structure established under section 1746 of this title.”
1993—Pub. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition” in section catchline and in text.
heading: Quick-Reaction Special Projects Acquisition Team
text: Pub. L. 107–314, div. A, title VIII, § 807, Dec. 2, 2002, 116 Stat. 2608, as amended by Pub. L. 116–92, div. A, title IX, § 902(12), Dec. 20, 2019, 133 Stat. 1544, provided that:
“(a) Establishment.—
The Under Secretary of Defense for Acquisition and Sustainment shall establish a team of highly qualified acquisition professionals who shall be available to advise the Under Secretary on actions that can be taken to expedite the acquisition of urgently needed systems.
“(b) Duties.—
The issues on which the team may provide advice shall include the following:
“(1) Industrial base issues, including the limited availability of suppliers.
“(2) Technology development and technology transition issues.
“(3) Issues of acquisition policy, including the length of the acquisition cycle.
“(4) Issues of testing policy and ensuring that weapon systems perform properly in combat situations.
“(5) Issues of procurement policy, including the impact of socio-economic requirements.
“(6) Issues relating to compliance with environmental requirements.”
10 U.S.C. § 1732 (ARMED FORCES)
[§ 1732. Repealed. Pub. L. 116–92, div. A, title VIII, § 861(j)(5), Dec. 20, 2019, 133 Stat. 1519]
text: Section, added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1644; amended Pub. L. 102–484, div. A, title VIII, § 812(e)(1), Oct. 23, 1992, 106 Stat. 2451; Pub. L. 103–89, § 3(b)(3)(B), Sept. 30, 1993, 107 Stat. 982; Pub. L. 105–261, div. A, title VIII, § 811, Oct. 17, 1998, 112 Stat. 2086; Pub. L. 107–107, div. A, title VIII, § 824(b), title X, § 1048(e)(4), Dec. 28, 2001, 115 Stat. 1185, 1227; Pub. L. 108–136, div. A, title VIII, §§ 831(b)(2), (3), 832(b)(2), 833(2), Nov. 24, 2003, 117 Stat. 1549, 1550; Pub. L. 108–375, div. A, title VIII, § 812(a)(1), title X, § 1084(d)(14), (h)(2), Oct. 28, 2004, 118 Stat. 2013, 2062, 2064; Pub. L. 109–163, div. A, title X, § 1056(c)(3), Jan. 6, 2006, 119 Stat. 3439; Pub. L. 116–92, div. A, title VIII, § 861(b)(2), (j)(4), Dec. 20, 2019, 133 Stat. 1516, 1519, related to selection criteria and procedures for membership in the Acquisition Corps.
10 U.S.C. § 1742 (ARMED FORCES)
§ 1742. Internship, cooperative education, and scholarship programs
(a) Programs.—
The Secretary of Defense shall conduct the following education and training programs:
(1) An intern program for purposes of providing highly qualified and talented individuals an opportunity for accelerated promotions, career broadening assignments, and specified training to prepare them for entry into acquisition positions in the Department of Defense.
(2) A cooperative education credit program under which the Secretary arranges, through cooperative arrangements entered into with one or more accredited institutions of higher education, for such institutions to grant undergraduate credit for work performed by students who are employed by the Department of Defense in acquisition positions.
(3) A scholarship program for the purpose of qualifying personnel for acquisition positions in the Department of Defense.
(b) Scholarship Program Requirements.—
Each recipient of a scholarship under a program conducted under subsection (a)(3) shall be required to sign a written agreement that sets forth the terms and conditions of the scholarship. The agreement shall be in a form prescribed by the Secretary and shall include terms and conditions, including terms and conditions addressing reimbursement in the event that a recipient fails to fulfill the requirements of the agreement, that are comparable to those set forth as a condition for providing advanced education assistance under section 2005. The obligation to reimburse the United States under an agreement under this subsection is, for all purposes, a debt owing the United States.
(Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1651; amended Pub. L. 108–136, div. A, title VIII, § 834(a), Nov. 24, 2003, 117 Stat. 1550; Pub. L. 108–375, div. A, title VIII, § 812(b), title X, § 1084(f)(1), Oct. 28, 2004, 118 Stat. 2013, 2064; Pub. L. 116–92, div. A, title VIII, § 861(j)(12), Dec. 20, 2019, 133 Stat. 1520.)
heading: Amendments
text: 2019—Subsec. (a)(1). Pub. L. 116–92 substituted “acquisition positions in the Department of Defense” for “the Acquisition Corps”.
2004—Pub. L. 108–375, § 1084(f)(1), amended directory language of Pub. L. 108–136, § 834(a). See 2003 Amendment note below.
Pub. L. 108–375, § 812(b), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
2003—Pub. L. 108–136, § 834(a), as amended by Pub. L. 108–375, § 1084(f)(1), amended section catchline and text generally. Prior to amendment, text read as follows: “The Secretary of Defense shall require that each military department conduct an intern program for purposes of providing highly qualified and talented individuals an opportunity for accelerated promotions, career broadening assignments, and specified training to prepare them for entry into the Acquisition Corps.”
heading: Effective Date of 2004 Amendment
text: Pub. L. 108–375, div. A, title X, § 1084(f), Oct. 28, 2004, 118 Stat. 2064, provided that the amendment made by section 1084(f)(1) is effective as of Nov. 24, 2003, and as if included in Pub. L. 108–136 as enacted.
10 U.S.C. § 1748 (ARMED FORCES)
§ 1748. Fulfillment standards for acquisition workforce training
The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop fulfillment standards, and implement and maintain a program, for purposes of the training requirements of sections 1723, 1724, and 1735 of this title. Such fulfillment standards shall consist of criteria for determining whether an individual has demonstrated competence in the areas that would be taught in the training courses required under those sections. If an individual meets the appropriate fulfillment standard, the applicable training requirement is fulfilled.
(Added Pub. L. 111–383, div. A, title VIII, § 874(b)(1), Jan. 7, 2011, 124 Stat. 4304; amended Pub. L. 116–92, div. A, title IX, § 902(24), Dec. 20, 2019, 133 Stat. 1545.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 105–85, div. A, title VIII, § 853, Nov. 18, 1997, 111 Stat. 1851, which was set out as a note under section 1723 of this title, prior to repeal by Pub. L. 111–383, § 874(b)(4).
heading: Amendments
text: 2019—Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
heading: Deadline for Fulfillment Standards
text: Pub. L. 111–383, div. A, title VIII, § 874(b)(3), Jan. 7, 2011, 124 Stat. 4305, provided that: “The fulfillment standards required under section 1748 of title 10, United States Code, as added by paragraph (1), shall be developed not later than 270 days after the date of the enactment of this Act [Jan. 7, 2011].”
10 U.S.C. § 1765 (ARMED FORCES)
§ 1765. Competency development
For each acquisition workforce career field, the Secretary of Defense shall—
(1) establish, for the civilian personnel in that career field, defined proficiency standards and technical and nontechnical competencies which shall be used in personnel qualification assessments; and
(2) assign resources to accomplish such technical and nontechnical competencies.
(Added Pub. L. 116–92, div. A, title VIII, § 861(i)(1), Dec. 20, 2019, 133 Stat. 1518.)
heading: Deadline for Implementation
text: Pub. L. 116–92, div. A, title VIII, § 861(i)(3), Dec. 20, 2019, 133 Stat. 1519, provided that: “Not later than the end of the two-year period beginning on the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall carry out the requirements of section 1765 of title 10, United States Code (as added by paragraph (1)).”