dreamproit/uscode huggingface dataset:
10 U.S.C. § 1252 (ARMED FORCES)
§ 1252. Age 64: permanent professors at academies
(a) Mandatory Retirement for Age.—
Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force covered by subsection (b) shall be retired on the first day of the month following the month in which the officer becomes 64 years of age.
(b) Covered Officers.—
This section applies to the following officers:
(1) An officer who is a permanent professor or the director of admissions of the United States Military Academy.
(2) An officer who is a permanent professor at the United States Naval Academy.
(3) An officer who is a permanent professor or the registrar of the United States Air Force Academy.
(Added Pub. L. 109–163, div. A, title V, § 509(c)(1), Jan. 6, 2006, 119 Stat. 3230; amended Pub. L. 116–283, div. A, title IX, § 924(b)(3)(U), Jan. 1, 2021, 134 Stat. 3821.)
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”.
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, Marine Corps, or Space Force 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; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(V), Jan. 1, 2021, 134 Stat. 3821.)
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”.
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. § 1375 (ARMED FORCES)
§ 1375. Entitlement to commission: commissioned officers advanced on retired list
A commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is advanced on a retired list is entitled to a commission in the grade to which he is advanced.
(Aug. 10, 1956, ch. 1041, 70A Stat. 105; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(W), Jan. 1, 2021, 134 Stat. 3821.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1375
10:1014.
34:394.
Mar. 4, 1911, ch. 266, 36 Stat. 1354.
The words “has been or shall hereafter”, “by operation of or in accordance with law”, and “and shall receive” are omitted as surplusage. The words “in the grade to which he is advanced” are substituted for the words “in accordance with such advanced rank”.
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”.
10 U.S.C. § 1461 (ARMED FORCES)
§ 1461. Establishment and purpose of Fund; definition
(a) There is established on the books of the Treasury a fund to be known as the Department of Defense Military Retirement Fund (hereinafter in this chapter referred to as the “Fund”), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order to finance on an actuarially sound basis liabilities of the Department of Defense and the Coast Guard under military retirement and survivor benefit programs.
(b) In this chapter, the term “military retirement and survivor benefit programs” means—
(1) the provisions of this title creating entitlement to, or determining the amount of, retired or retainer pay;
(2) the programs under the jurisdiction of the Department of Defense providing annuities for survivors of members and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92–425, and section 5 of Public Law 96–402; and
(3) the authority provided in section 1408(h) of this title.
(Added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 644; amended Pub. L. 101–189, div. A, title XVI, § 1622(e)(7), Nov. 29, 1989, 103 Stat. 1605; Pub. L. 102–484, div. A, title VI, § 653(b)(1), Oct. 23, 1992, 106 Stat. 2428; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8222, Jan. 1, 2021, 134 Stat. 4658.)
heading: References in Text
text: Section 4 of Public Law 92–425, referred to in subsec. (b)(2), is set out as a note under section 1448 of this title.
Section 5 of Public Law 96–402, referred to in subsec. (b)(2), is set out as a note under section 1448 of this title.
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283 inserted “and the Coast Guard” after “liabilities of the Department of Defense”.
1992—Subsec. (b)(3). Pub. L. 102–484 added par. (3).
1989—Subsec. (b). Pub. L. 101–189 inserted “the term” after “In this chapter,”.
10 U.S.C. § 1492 (ARMED FORCES)
§ 1492. Authority to provide travel and transportation allowances in connection with transfer ceremonies of certain civilian employees who die overseas
(a) Authority.—
A covered official may treat a covered relative of a covered employee under the jurisdiction of that covered official in the same manner the Secretary of a military department treats, under section 481f(d) of title 37, next of kin and family members of a member of the armed forces who dies while located or serving overseas.
(b) Definitions.—
In this section:
(1) The term “covered employee” means a civilian employee—
(A) under the jurisdiction of a covered official; and
(B) who dies while located or serving overseas.
(2) The term “covered official” means—
(A) the Secretary of the military department concerned; and
(B) the head of a Defense Agency or Department of Defense Field Activity.
(3) The term “covered relative” means—
(A) the primary next of kin of the covered employee;
(B) two family members (other than primary next of kin) of the covered employee; and
(C) one or more additional family members of the covered employee, at the discretion of the Secretary a sibling of the covered employee.
(Added Pub. L. 116–283, div. A, title XI, § 1104(a)(1), Jan. 1, 2021, 134 Stat. 3889.)
10 U.S.C. § 1551 (ARMED FORCES)
§ 1551. Correction of name after separation from service under an assumed name
The Secretary of the military department concerned shall issue a certificate of discharge or an order of acceptance of resignation in the true name of any person who was separated from the Army, Navy, Air Force, Marine Corps, or Space Force honorably or under honorable conditions after serving under an assumed name during a war with another nation or people, upon application by, or on behalf of, that person, and upon proof of his identity. However, a certificate or order may not be issued under this section if the name was assumed to conceal a crime or to avoid its consequences.
(Aug. 10, 1956, ch. 1041, 70A Stat. 116; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(Y), Jan. 1, 2021, 134 Stat. 3821.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1551
5:200.
34:597.
Apr. 14, 1890, ch. 80; restated June 25, 1910, ch. 393, 36 Stat. 824.
Aug. 22, 1912, ch. 329, 37 Stat. 324.
The word “shall” is substituted for the words “is authorized and required”. The word “separated” is substituted for the word “discharged”, since the revised section covers acceptances of resignations as well as certificates of discharge. The words “enlisted or” and “while minors or otherwise” are omitted as surplusage. The words “the War of the Rebellion” are omitted as obsolete. The word “with” is substituted for the words “between the United States and”. The words “honorably or under honorable conditions” are substituted for the word “honorably”.
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”.
heading: Personnel Freeze for Service Review Agencies
text: Pub. L. 105–261, div. A, title V, § 541, Oct. 17, 1998, 112 Stat. 2019, provided that, during fiscal years 1999, 2000, and 2001, the Secretary of a military department could not carry out any reduction in the number of military and civilian personnel assigned to duty with the service review agency for that military department below the baseline number for that agency until: (1) the Secretary had submitted to Congress a report that described the reduction to be made and the rationale for that reduction, and specified the number of such personnel that would be assigned to duty with that agency after the reduction; and (2) a period of 90 days had elapsed after the date on which such report had been submitted.
10 U.S.C. § 1561b (ARMED FORCES)
§ 1561b. Confidential reporting of sexual harassment
(a) Reporting Process.—
Notwithstanding section 1561 of this title, the Secretary of Defense shall prescribe in regulations a process by which a member of an armed force under the jurisdiction of the Secretary of a military department may confidentially allege a complaint of sexual harassment to an individual outside the immediate chain of command of the member.
(b) Receipt of Complaints.—
An individual designated and trained to receive complaints under the process under subsection (a) shall—
(1) maintain the confidentiality of the member alleging the complaint;
(2) explain to the member alleging the complaint the different avenues of redress available to resolve the complaint and the different consequences of each avenue on the manner in which the complaint will be investigated (if at all), including an explanation of the following:
(A) The manner in which to file a complaint concerning alleged sexual harassment with the official or office designated for receipt of such complaint through such avenue of redress.
(B) That confidentiality in connection with the complaint cannot be maintained when there is a clear and present risk to health or safety.
(C) If the alleged sexual harassment also involves an allegation of sexual assault, including sexual contact—
(i) the manner in which to file a confidential report with a Sexual Assault Response Coordinator or a Sexual Assault Prevention and Response Victim Advocate; and
(ii) options available pursuant to such reporting, including a Restricted Report or Unrestricted Report, and participation in the Catch a Serial Offender Program.
(D) The services and assistance available to the member in connection with the complaint and the alleged sexual harassment.
(c) Education and Tracking.—
The Secretary of Defense shall—
(1) educate members under the jurisdiction of the Secretaries of the military departments regarding the process established under this section; and
(2) track complaints alleged pursuant to the process.
(d) Reports.—
Not later than April 30, 2023, and April 30 every two years thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing data on the complaints of sexual harassment alleged pursuant to the process under subsection (a) during the previous two calendar years. Any data on such complaints shall not contain any personally identifiable information.
(Added Pub. L. 116–283, div. A, title V, § 532(a)(1), Jan. 1, 2021, 134 Stat. 3601.)
10 U.S.C. § 1563a (ARMED FORCES)
§ 1563a. Honorary promotions on the initiative of the Department of Defense
(a) In General.—
(1) Under regulations prescribed by the Secretary of Defense, the Secretary may make an honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces to any grade not exceeding the grade of major general, rear admiral (upper half), or an equivalent grade in the Space Force if the Secretary determines that the promotion is merited.
(2) The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law.
(b) Notice to Congress.—
The Secretary may not make an honorary promotion pursuant to subsection (a) until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a notice of the determination to make the promotion, including a detailed discussion of the rationale supporting the determination.
(c) Notice of Promotion.—
Upon making an honorary promotion pursuant to subsection (a), the Secretary shall expeditiously notify the former member or retired member concerned, or the next of kin of such former member or retired member if such former member or retired member is deceased, of the promotion.
(d) Nature of Promotion.—
Any promotion pursuant to this section is honorary, and shall not affect the pay, retired pay, or other benefits from the United States to which the former member or retired member concerned is entitled or would have been entitled based on the military service of such former member or retired member, nor affect any benefits to which any other person is or may become entitled based on the military service of such former member or retired member.
(Added Pub. L. 116–283, div. A, title V, § 523(a), Jan. 1, 2021, 134 Stat. 3597.)
10 U.S.C. § 1596c (ARMED FORCES)
§ 1596c. Programming language proficiency: special pay for proficiency beneficial for national security interests
(a) Authority.—
The Secretary of Defense, under the sole and exclusive discretion of the Secretary, may pay special pay under this section to an employee of the Department of Defense who—
(1) has been certified by the Secretary to be proficient in a computer or digital programming language identified by the Secretary as being a language in which proficiency by civilian personnel of the Department is necessary because of national security interests; and
(2) is assigned duties requiring proficiency in that programming language.
(b) Rate.—
The rate of special pay for an employee under this section shall be prescribed by the Secretary, but may not exceed 20 percent of the employee’s rate of basic pay.
(c) Relationship to Other Pay and Allowances.—
Special pay under this section is in addition to any other pay or allowances to which the employee is entitled.
(d) Regulations.—
The Secretary of Defense shall prescribe regulations to carry out this section.
(Added Pub. L. 116–283, div. A, title II, § 241(c)(1), Jan. 1, 2021, 134 Stat. 3487.)
10 U.S.C. § 1599i (ARMED FORCES)
§ 1599i. Recruitment incentives for placement at remote locations
(a) Recruitment Incentive.—
(1) In general.—
An individual appointed to a position in the Department of Defense at a covered location may be paid a recruitment incentive in connection with such appointment.
(2) Amount.—
The amount of a recruitment incentive payable to an individual under this subsection may not exceed the amount equal to—
(A) 25 percent of the annual rate of basic pay of the employee for the position concerned as of the date on which the service period in such position agreed to by the individual under paragraph (3) commences; multiplied by
(B) the number of years (including fractions of a year) of such service period (not to exceed four years).
(3) Service agreement.—
To receive a recruitment incentive under this subsection, an individual appointed to a position under paragraph (1) shall enter into an agreement with the Secretary of Defense to complete a period of service at the covered location. The period of obligated service of the individual at such location under the agreement may not exceed four years. The agreement shall include such repayment or alternative employment obligations as the Secretary considers appropriate for failure of the individual to complete the period of obligated service specified in the agreement.
(4) Covered locations defined.—
In this section, a covered location is a location for which the Secretary of Defense has determined that critical hiring needs are not being met due to the geographic remoteness or isolation or extreme climate conditions of the location.
(b) Sunset.—
Effective on September 30, 2022, the authority provided under subsection (a) shall expire.
(Added Pub. L. 116–283, div. A, title XI, § 1120(a), Jan. 1, 2021, 134 Stat. 3898.)
heading: Outcome Measurements
text: Pub. L. 116–283, div. A, title XI, § 1120(b), Jan. 1, 2021, 134 Stat. 3899, provided that: “The Secretary of Defense shall develop outcome measurements to evaluate the effect of the authority provided under subsection (a) of section 1599i of title 10, United States Code, as added by subsection (a), and any relocation incentives provided under subsection (b) of such section.”
10 U.S.C. § 1701b (ARMED FORCES)
§ 1701b. Enhanced pay authority for certain acquisition and technology positions
(a) In General.—
The Secretary of Defense may carry out a program using the pay authority specified in subsection (d) to fix the rate of basic pay for positions described in subsection (c) in order to assist the Office of the Secretary of Defense and the military departments in attracting and retaining high-quality acquisition and technology experts in positions responsible for managing and developing complex, high-cost, technological acquisition efforts of the Department of Defense.
(b) Approval Required.—
The program may be carried out only with approval as follows:
(1) Approval of the Under Secretary of Defense for Acquisition and Sustainment, in the case of positions in the Office of the Secretary of Defense.
(2) Approval of the service acquisition executive of the military department concerned, in the case of positions in a military department.
(c) Positions.—
The positions described in this subsection are positions that—
(1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field; and
(2) are critical to the successful accomplishment of an important acquisition or technology development mission.
(d) Rate of Basic Pay.—
The pay authority specified in this subsection is authority as follows:
(1) Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Under Secretary of Defense for Acquisition and Sustainment or the service acquisition executive concerned, as applicable.
(2) Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Secretary of Defense.
(e) Limitations.—
(1) In general.—
The authority in subsection (a) may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection (c).
(2) Number of positions.—
The authority in subsection (a) may not be used with respect to more than five positions in the Office of the Secretary of Defense and more than five positions in each military department at any one time.
(3) Term of positions.—
The authority in subsection (a) may be used only for positions having terms less than five years.
(Added Pub. L. 116–283, div. A, title XI, § 1114(a), Jan. 1, 2021, 134 Stat. 3894.)
heading: References in Text
text: Level I of the Executive Schedule, referred to in subsec. (d), is set out in section 5312 of Title 5, Government Organization and Employees.
10 U.S.C. § 1706 (ARMED FORCES)
§ 1706. Government performance of certain acquisition functions
(a) Goal.—
It shall be the goal of the Department of Defense and each of the military departments to ensure that, for each major defense acquisition program (as defined in section 2430 of this title), each acquisition program that is estimated by the Secretary of Defense to require an eventual total expenditure greater than the amount described in section 2430(a)(1)(B) of this title, and any other acquisition program identified by the Secretary, each of the following positions is performed by a properly qualified member of the armed forces or full-time employee of the Department of Defense:
(1) Program executive officer.
(2) Deputy program executive officer.
(3) Program manager.
(4) Deputy program manager.
(5) Senior contracting official.
(6) Chief developmental tester.
(7) Program lead product support manager.
(8) Program lead systems engineer.
(9) Program lead cost estimator.
(10) Program lead contracting officer.
(11) Program lead business financial manager.
(12) Program lead production, quality, and manufacturing.
(13) Program lead information technology.
(14) Program lead software.
(b) Plan of Action.—
The Secretary of Defense shall develop and implement a plan of action for recruiting, training, and ensuring appropriate career development of military and civilian personnel to achieve the objective established in subsection (a).
(Added Pub. L. 112–239, div. A, title VIII, § 824(a)(1), Jan. 2, 2013, 126 Stat. 1832; amended Pub. L. 116–283, div. A, title VIII, § 812, title XVIII, § 1846(i)(3), Jan. 1, 2021, 134 Stat. 3749, 4252.)
heading: Prior Provisions
text: A prior section 1706, added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1639, which related to acquisition career program boards, was repealed by Pub. L. 108–136, div. A, title VIII, § 831(a), Nov. 24, 2003, 117 Stat. 1549.
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283, § 812(1)(A), substituted “(as defined in section 2430 of this title), each acquisition program that is estimated by the Secretary of Defense to require an eventual total expenditure greater than the amount described in section 2430(a)(1)(B) of this title, and any other acquisition program identified by the Secretary” for “and each major automated information system program” in introductory provisions.
Subsec. (a)(14). Pub. L. 116–283, § 812(1)(B), added par. (14).
Subsec. (c). Pub. L. 116–283, § 812(2), struck out subsec. (c) which related to definitions.
Subsec. (c)(1). Pub. L. 116–283, § 1846(i)(3), which directed substitution of “section 4201” for “section 2430(a)”, could not be executed because of the intervening amendment by Pub. L. 116–283, § 812(2). See above.
heading: Similar Provisions
text: Provisions similar to this section were contained in section 820 of Pub. L. 109–364, which was set out as a note under section 1701 of this title prior to repeal by Pub. L. 112–239, div. A, title VIII, § 824(b), Jan. 2, 2013, 126 Stat. 1833.