dreamproit/uscode huggingface dataset:
5 U.S.C. § 7501 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7501. Definitions
For the purpose of this subchapter—
(1) “employee” means an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or, except as provided in section 1599e of title 10, who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; and
(2) “suspension” means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay.
(Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1134; amended Pub. L. 114–92, div. A, title XI, § 1105(c)(3), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 117–81, div. A, title XI, § 1106(b)(2)(C), Dec. 27, 2021, 135 Stat. 1950.)
heading: Amendment of Paragraph (1)
text: Pub. L. 117–81, div. A, title XI, § 1106(a)(1), (b)(2)(C), Dec. 27, 2021, 135 Stat. 1950, effective Dec. 31, 2022, to reflect the probable intent of Congress and the repeal of section 1599e of title 10, provided that paragraph (1) of this section is amended by striking out “, except as provided in section 1599e of title 10,”. See 2021 Amendment note below.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 7501, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 527, related to removal or suspension without pay of an individual in the competitive service and procedures applicable to such removal or suspension, prior to repeal by Pub. L. 95–454, § 204(a).
heading: Amendments
text: 2021—Par. (1). Pub. L. 117–81 struck out “, except as provided in section 1599e of title 10,” after “initial appointment or,”.
2015—Par. (1). Pub. L. 114–92 substituted “or, except as provided in section 1599e of title 10, who” for “or who”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 117–81 applied as if effective Dec. 31, 2022, to correspond to the effective date of the repeal of section 1599e of Title 10, Armed Forces, to reflect the probable intent of Congress. See Effective Date of Repeal note under section 1599e of Title 10.
heading: Effective Date
text: Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
heading: Short Title of 1990 Amendment
text: Pub. L. 101–376, § 1, Aug. 17, 1990, 104 Stat. 461, provided that: “This Act [amending sections 4303, 7511, and 7701 of this title and enacting provisions set out as notes under section 4303 of this title] may be cited as the ‘Civil Service Due Process Amendments’.”
5 U.S.C. § 7541 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7541. Definitions
For the purpose of this subchapter—
(1) “employee” means a career appointee in the Senior Executive Service who—
(A) has completed the probationary period prescribed under section 3393(d) of this title or section 1599e of title 10; or
(B) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service; and
(2) “suspension” has the meaning set forth in section 7501(2) of this title.
(Added Pub. L. 95–454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 114–92, div. A, title XI, § 1105(c)(5), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 117–81, div. A, title XI, § 1106(b)(2)(E), Dec. 27, 2021, 135 Stat. 1950.)
heading: Amendment of Paragraph (1)(A)
text: Pub. L. 117–81, div. A, title XI, § 1106(a)(1), (b)(2)(E), Dec. 27, 2021, 135 Stat. 1950, effective Dec. 31, 2022, to reflect the probable intent of Congress and the repeal of section 1599e of title 10, provided that paragraph (1)(A) of this section is amended by striking out “, or section 1599e of title 10”. See 2021 Amendment note below.
heading: Editorial Notes
heading: Amendments
text: 2021—Par. (1)(A). Pub. L. 117–81 struck out “or section 1599e of title 10” after “section 3393(d) of this title”.
2015—Par. (1)(A). Pub. L. 114–92 inserted “or section 1599e of title 10” after “this title”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 117–81 applied as if effective Dec. 31, 2022, to correspond to the effective date of the repeal of section 1599e of Title 10, Armed Forces, to reflect the probable intent of Congress. See Effective Date of Repeal note under section 1599e of Title 10.
heading: Effective Date
text: Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as a note under section 3131 of this title.
10 U.S.C. § 146 (ARMED FORCES)
[§ 146. Renumbered § 198]
heading: Statutory Notes and Related Subsidiaries
heading: Limitation on Involuntary Separation of Personnel
text: Pub. L. 116–283, div. A, title IX, § 905(b), Jan. 1, 2021, 134 Stat. 3799, which provided that personnel of the Office of Local Defense Community Cooperation could not be involuntarily separated from service during the one-year period beginning on Jan. 1, 2021, except for cause, was repealed by Pub. L. 117–81, div. A, title IX, § 902(d), Dec. 27, 2021, 135 Stat. 1869.
heading: Administration of Programs
text: Pub. L. 116–283, div. A, title IX, § 905(c), Jan. 1, 2021, 134 Stat. 3799, which authorized the Office of Local Defense Community Cooperation to administer any program, project, or other activity administered by the Office of Economic Adjustment of the Department of Defense, was repealed by Pub. L. 117–81, div. A, title IX, § 902(d), Dec. 27, 2021, 135 Stat. 1869.
10 U.S.C. § 646 (ARMED FORCES)
§ 646. Consideration of performance as a member of the Joint Staff
The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall ensure that officer personnel policies of the Army, Navy, Air Force, Marine Corps, and Space Force concerning promotion, retention, and assignment give appropriate consideration to the performance of an officer as a member of the Joint Staff.
(Added Pub. L. 98–525, title XIII, § 1301(d)(1), Oct. 19, 1984, 98 Stat. 2612; amended Pub. L. 116–283, div. A, title IX, § 924(b)(1)(C), Jan. 1, 2021, 134 Stat. 3820.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “Marine Corps, and Space Force” for “and Marine Corps”.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 1123 (ARMED FORCES)
§ 1123. Right to wear badges of military societies
(a) A member of the Army, Navy, Air Force, Marine Corps, or Space Force who is a member of a military society originally composed of men who served in an armed force of the United States during the Revolutionary War, the War of 1812, the Mexican War, the Civil War, the Spanish-American War, the Philippine Insurrection, or the Chinese Relief Expedition of 1900 may wear, on occasions of ceremony, the distinctive badges adopted by that society.
(b) A member of the Army, Navy, Air Force, Marine Corps, or Space Force who is a member of the Army and Navy Union of the United States may wear, on public occasions of ceremony, the distinctive badges adopted by that society.
(Aug. 10, 1956, ch. 1041, 70A Stat. 88; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(Q), Jan. 1, 2021, 134 Stat. 3821.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1123(a)
10:1427 (1st sentence).
34:371 (1st sentence).
Sept. 25, 1890, J. Res. 50, 26 Stat. 681.
1123(b)
10:1427 (less 1st sentence).
May 11, 1894, J. Res. 26, 28 Stat. 583.
34:371 (less 1st sentence).
Feb. 2, 1901, ch. 192, § 41, 31 Stat. 758.
Jan. 12, 1903, J. Res. 2, 32 Stat. 1229.
Mar. 2, 1907, J. Res. 18, 34 Stat. 1423.
In subsection (a), the words “an armed force” are substituted for the words “armies and navies”. The words “Revolutionary War”, “Civil War”, and “Philippine Insurrection” are substituted for the words “War of the Revolution”, “War of the Rebellion”, and “incident insurrection in the Philippines”, respectively, to reflect present terminology. The words “originally composed” are substituted for the words “in their own right”, to reflect an opinion of the Attorney General (see 23 Op. Atty. Gen. 454).
In subsections (a) and (b), the word “member” is substituted for the words “officers and enlisted men”. The words “Navy * * * or Marine Corps” are substituted for the word “Navy”, since the word “Navy” in the source statute has, by long-standing administrative interpretation, been construed to include the Marine Corps.
In subsection (b), the words “in their own right” are omitted as surplusage.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps” in subsecs. (a) and (b).
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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. § 2168 (ARMED FORCES)
§ 2168. Defense Language Institute Foreign Language Center: degree of Associate or Bachelor of Arts in foreign language
(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—
(1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or
(2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.
(b) A degree may be conferred upon a student under this section only if the Provost of the Center certifies to the Commandant that the student has satisfied all the requirements prescribed for the degree.
(c) The authority provided by subsection (a) shall be exercised under regulations prescribed by the Secretary of Defense.
(Added Pub. L. 107–107, div. A, title V, § 531(a), Dec. 28, 2001, 115 Stat. 1104; amended Pub. L. 117–81, div. A, title V, § 556(a), Dec. 27, 2021, 135 Stat. 1739.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 117–81, § 556(a)(1), substituted “Associate or Bachelor” for “Associate” in section catchline.
Subsec. (a). Pub. L. 117–81, § 556(a)(2), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Subject to subsection (b), the Commandant of the Defense Language Institute may confer an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.”
10 U.S.C. § 2200h (ARMED FORCES)
§ 2200h. Program elements
In establishing the program, the Secretary of Defense shall determine the following:
(1) A methodology to identify and target critical skills gaps in Department of Defense occupations relating to acquisition, science, engineering, or other civilian occupations determined by the Secretary of Defense.
(2) A mechanism to track and report the success of the program in eliminating any critical skills gaps identified under paragraph (1).
(3) Criteria for an accredited civilian educational institution to participate in the program.
(4) The eligibility of a student to become a member of the program.
(5) Criteria required for a member of the program to receive financial assistance from the Department of Defense.
(6) The term of service as an employee of the Department of Defense required for a member of the program to receive such financial assistance.
(7) Criteria required for a member of the program to be released from a term of service.
(8) The method by which a successful graduate of the program may gain immediate employment in the Department of Defense.
(9) Resources required for implementation of the program.
(Added Pub. L. 116–92, div. A, title VIII, § 860(a), Dec. 20, 2019, 133 Stat. 1514; amended Pub. L. 116–283, div. A, title X, § 1081(a)(4)(A), Jan. 1, 2021, 134 Stat. 3870.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “§” for “SEC.” in section designation.
10 U.S.C. § 2200i (ARMED FORCES)
§ 2200i. Model authorities
In making determinations under section 2200h of this title, the Secretary of Defense shall use the authorities under chapters 103 and 111 of this title as guides.
(Added Pub. L. 116–92, div. A, title VIII, § 860(a), Dec. 20, 2019, 133 Stat. 1514; amended Pub. L. 116–283, div. A, title X, § 1081(a)(4)(A), Jan. 1, 2021, 134 Stat. 3870.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “§” for “SEC.” in section designation.
10 U.S.C. § 2200j (ARMED FORCES)
§ 2200j. Definitions
In this chapter:
(1) The term “program” means the Defense Civilian Training Corps program established under section 2200g.
(2) The term “member of the program” means a student at an accredited civilian educational institution who is enrolled in the program.
(Added Pub. L. 116–92, div. A, title VIII, § 860(a), Dec. 20, 2019, 133 Stat. 1514; amended Pub. L. 116–283, div. A, title X, § 1081(a)(4)(A), Jan. 1, 2021, 134 Stat. 3870.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “§” for “SEC.” in section designation.
10 U.S.C. § 2303 (ARMED FORCES)
[§ 2303. Repealed. Pub. L. 116–283, div. A, title XVIII, § 1807(c)(4), Jan. 1, 2021, 134 Stat. 4157]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85–568, title III, § 301(b), July 29, 1958, 72 Stat. 432; Pub. L. 98–369, div. B, title VII, § 2722(b), July 18, 1984, 98 Stat. 1187; Pub. L. 116–283, div. A, title XVIII, § 1807(c)(2), (3), Jan. 1, 2021, 134 Stat. 4157, related to applicability of chapter. See, generally, sections 3063 and 3064 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
10 U.S.C. § 2305 (ARMED FORCES)
[§ 2305. Repealed. Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 130; Pub. L. 85–861, § 1(44), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 90–268, § 3, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98–369, div. B, title VII, § 2723(b), July 18, 1984, 98 Stat. 1191; Pub. L. 98–525, title XII, § 1213(a), Oct. 19, 1984, 98 Stat. 2591; Pub. L. 99–145, title XIII, § 1303(a)(14), Nov. 8, 1985, 99 Stat. 739; Pub. L. 99–500, § 101(c) [title X, § 924(a), (b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–153, and Pub. L. 99–591, § 101(c) [title X, § 924(a), (b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–153; Pub. L. 99–661, div. A, title III, § 313(b), title IX, formerly title IV, § 924(a), (b), Nov. 14, 1986, 100 Stat. 3853, 3932, 3933, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–456, div. A, title VIII, § 806, Sept. 29, 1988, 102 Stat. 2010; Pub. L. 101–189, div. A, title VIII, § 853(f), Nov. 29, 1989, 103 Stat. 1519; Pub. L. 101–510, div. A, title VIII, § 802(a)–(d), Nov. 5, 1990, 104 Stat. 1588, 1589; Pub. L. 103–160, div. A, title XI, § 1182(a)(5), Nov. 30, 1993, 107 Stat. 1771; Pub. L. 103–355, title I, §§ 1011–1016, title IV, § 4401(b), Oct. 13, 1994, 108 Stat. 3254–3257, 3347; Pub. L. 104–106, div. D, title XLI, §§ 4103(a), 4104(a), title XLII, § 4202(a)(2), div. E, title LVI, § 5601(a), Feb. 10, 1996, 110 Stat. 643, 644, 653, 699; Pub. L. 104–201, div. A, title VIII, § 821(a), title X, § 1074(a)(11), (b)(4)(A), Sept. 23, 1996, 110 Stat. 2609, 2659, 2660; Pub. L. 106–65, div. A, title VIII, § 821, Oct. 5, 1999, 113 Stat. 714; Pub. L. 114–328, div. A, title VIII, § 825(a), Dec. 23, 2016, 130 Stat. 2279; Pub. L. 115–91, div. A, title VIII, § 818(b), Dec. 12, 2017, 131 Stat. 1463; Pub. L. 115–232, div. A, title VIII, § 836(c)(3), Aug. 13, 2018, 132 Stat. 1864; Pub. L. 116–283, div. A, title XVIII, §§ 1811(e)(2), (f)(2), (g)(2), 1816(c)(1), (2), (e)(1), (f)(1), Jan. 1, 2021, 134 Stat. 4170, 4173, 4182, 4185, related to planning, solicitation, evaluation, and award procedures for contracts. See, generally, section 3206 and chapter 241 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.