10 U.S.C. § 1599c — Health care professionals: enhanced ap-

Page 1527 TITLE 10—ARMED FORCES § 1599c their families, abroad with benefits that are comparable to certain benefits that are provided by the Secretary of State to members of the Foreign Service and their families abroad as de- scribed in subsections (b) and (c). The Secretary may designate the employees and members of families who are eligible to receive the benefits. (b) TRAVEL AND RELATED EXPENSES.—The Sec- retary of Defense may pay travel expenses and related expenses for purposes and in amounts that are comparable to the purposes for which, and the amounts in which, travel and related ex- penses are paid by the Secretary of State under section 901 of the Foreign Service Act of 1980 (22 U.S.C. 4081). (c) HEALTH CARE PROGRAM.—The Secretary of Defense may establish a health care program that is comparable to the health care program established by the Secretary of State under sec- tion 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084). (d) ASSISTANCE.—The Secretary of Defense may enter into agreements with the heads of other departments and agencies of the Govern- ment in order to facilitate the payment of ex- penses authorized by subsection (b) and to carry out a health care program authorized by sub- section (c). (e) ABROAD DEFINED.—In this section, the term ‘‘abroad’’ means outside— (1) the United States; and (2) the territories and possessions of the United States. (Added Pub. L. 104–201, div. A, title XVI, § 1604(a), Sept. 23, 1996, 110 Stat. 2735.) § 1599c. Health care professionals: enhanced ap- pointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces (a) IN GENERAL.—(1) The Secretary of Defense may, at the discretion of the Secretary, exercise any authority for the appointment and pay of health care personnel under chapter 74 of title 38 for purposes of the recruitment, employment, and retention of civilian health care profes- sionals for the Department of Defense if the Sec- retary determines that the exercise of such au- thority is necessary in order to provide or en- hance the capacity of the Department to provide care and treatment for members of the armed forces who are wounded or injured on active duty in the armed forces and to support the on- going patient care and medical readiness, edu- cation, and training requirements of the Depart- ment of Defense. (2)(A) For purposes of section 3304 of title 5, the Secretary of Defense may— (i) designate any category of medical or health professional positions within the De- partment of Defense as a shortage category occupation or critical need occupation; and (ii) utilize the authority in such section to recruit and appoint qualified persons directly in the competitive service to positions so des- ignated. (B) In using the authority provided by this paragraph, the Secretary shall apply the prin- ciples of preference for the hiring of veterans and other persons established in subchapter I of chapter 33 of title 5. (C) Any designation by the Secretary for pur- poses of subparagraph (A)(i) shall be based on an analysis of current and future Department of Defense workforce requirements. (b) TERMINATION OF AUTHORITY.—(1) The au- thority of the Secretary of Defense under sub- section (a)(1) to exercise authorities available under chapter 74 of title 38 for purposes of the recruitment, employment, and retention of ci- vilian health care professionals for the Depart- ment of Defense expires December 31, 2030. (2) The Secretary may not appoint a person to a position of employment under subsection (a)(2) after December 31, 2030. (Added Pub. L. 107–107, div. A, title XI, § 1104(a), Dec. 28, 2001, 115 Stat. 1236; amended Pub. L. 110–181, div. A, title XVI, § 1636(a), Jan. 28, 2008, 122 Stat. 463; Pub. L. 110–417, [div. A], title XI, § 1107, Oct. 14, 2008, 122 Stat. 4617; Pub. L. 111–383, div. A, title X, § 1075(b)(22), title XI, § 1104, Jan. 7, 2011, 124 Stat. 4370, 4383; Pub. L. 113–66, div. A, title XI, § 1109, Dec. 26, 2013, 127 Stat. 890; Pub. L. 116–283, div. A, title XI, § 1116, Jan. 1, 2021, 134 Stat. 3897; Pub. L. 118–159, div. A, title VII, § 712, Dec. 23, 2024, 138 Stat. 1947.) Editorial Notes PRIOR PROVISIONS A prior section 1599c, added Pub. L. 104–201, div. A, title XVI, § 1615(a)(1), Sept. 23, 1996, 110 Stat. 2740; amended Pub. L. 105–85, div. A, title X, § 1073(a)(31), Nov. 18, 1997, 111 Stat. 1902, related to treatment of a Department of Defense violation of veterans’ pref- erence requirements as a prohibited personnel practice, prior to repeal by Pub. L. 105–339, § 6(c)(1)(A), Oct. 31, 1998, 112 Stat. 3188. AMENDMENTS 2024—Subsec. (b). Pub. L. 118–159 substituted ‘‘Decem- ber 31, 2030’’ for ‘‘December 31, 2025’’ in pars. (1) and (2). 2021—Subsec. (b). Pub. L. 116–283 substituted ‘‘Decem- ber 31, 2025’’ for ‘‘December 31, 2020’’ in pars. (1) and (2). 2013—Subsec. (a)(2)(A). Pub. L. 113–66, § 1109(c)(1), sub- stituted ‘‘section 3304 of title 5’’ for ‘‘sections 3304, 5333, and 5753 of title 5’’ in introductory provisions. Subsec. (a)(2)(A)(ii). Pub. L. 113–66, § 1109(c)(2), sub- stituted ‘‘the authority in such section’’ for ‘‘the au- thorities in such sections’’. Subsec. (b). Pub. L. 113–66, § 1109(b), redesignated sub- sec. (c) as (b) and struck out former subsec. (b) which related to recruitment of personnel. Subsec. (c). Pub. L. 113–66, § 1109(b)(2), redesignated subsec. (c) as (b). Pub. L. 113–66, § 1109(a), substituted ‘‘December 31, 2020’’ for ‘‘December 31, 2015’’ in pars. (1) and (2). 2011—Subsec. (a)(2)(A)(i). Pub. L. 111–383, § 1104(a)(1)(A), substituted ‘‘a shortage category occupa- tion or critical need occupation’’ for ‘‘shortage cat- egory positions’’. Subsec. (a)(2)(A)(ii). Pub. L. 111–383, § 1104(a)(1)(B), substituted ‘‘qualified persons directly in the competi- tive service’’ for ‘‘highly qualified persons directly’’. Subsec. (a)(2)(B). Pub. L. 111–383, § 1075(b)(22), sub- stituted ‘‘subchapter I’’ for ‘‘subchapter 1’’. Subsec. (a)(2)(C). Pub. L. 111–383, § 1104(a)(2), added subpar. (C). Subsec. (c)(1). Pub. L. 111–383, § 1104(b)(1), inserted ‘‘under subsection (a)(1)’’ after ‘‘Secretary of Defense’’ and substituted ‘‘December 31, 2015’’ for ‘‘September 30, 2012’’. Subsec. (c)(2). Pub. L. 111–383, § 1104(b)(2), substituted ‘‘December 31, 2015’’ for ‘‘September 30, 2012’’. 2008—Pub. L. 110–181 amended section generally. Prior to amendment, section related to appointment in ex- cepted service of certain health care professionals. Page 1528 TITLE 10—ARMED FORCES § 1599d Subsec. (a). Pub. L. 110–417, § 1107(a), designated exist- ing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 110–417, § 1107(b), designated exist- ing provisions as par. (1), substituted ‘‘September 30, 2012’’ for ‘‘September 30, 2010’’, and added par. (2). Statutory Notes and Related Subsidiaries WAGE RATE ADJUSTMENT FOR CERTAIN HEALTH CARE OCCUPATIONS Pub. L. 112–10, div. A, title VIII, § 8086, Apr. 15, 2011, 125 Stat. 76, provided that: ‘‘Notwithstanding any other provision of law or regulation, during the current fiscal year and hereafter, the Secretary of Defense may ad- just wage rates for civilian employees hired for certain health care occupations as authorized for the Secretary of Veterans Affairs by section 7455 of title 38, United States Code.’’ § 1599d. Financial management positions: author- ity to prescribe professional certification and credential standards (a) AUTHORITY TO PRESCRIBE PROFESSIONAL CERTIFICATION AND CREDENTIAL STANDARDS.— The Secretary of Defense may prescribe profes- sional certification and credential standards for financial management positions within the De- partment of Defense, including requirements for formal education and requirements for certifi- cations that individuals have met predetermined qualifications set by an agency of Government or by an industry or professional group. Any such professional certification or credential standard shall be prescribed as a Department regulation. (b) WAIVER.—The Secretary may waive any standard prescribed under subsection (a) when- ever the Secretary determines such a waiver to be appropriate. (c) APPLICABILITY.—(1) Except as provided in paragraph (2), the Secretary may, in the Sec- retary’s discretion— (A) require that a standard prescribed under subsection (a) apply immediately to all per- sonnel holding financial management posi- tions designated by the Secretary; or (B) delay the imposition of such a standard for a reasonable period to permit persons hold- ing financial management positions so des- ignated time to comply. (2) A formal education requirement prescribed under subsection (a) shall not apply to any per- son employed by the Department in a financial management position before the standard is pre- scribed. (d) DISCHARGE OF AUTHORITY.—The Secretary shall prescribe any professional certification or credential standards under subsection (a) through the Under Secretary of Defense (Comp- troller), in consultation with the Under Sec- retary of Defense for Personnel and Readiness. (e) REPORTS.—Not later than one year after the effective date of any regulations prescribed under subsection (a), or any significant modi- fication of such regulations, the Secretary shall, in conjunction with the Director of the Office of Personnel Management, submit to Congress a report setting forth the plans of the Secretary to provide training to appropriate Department personnel to meet any new professional certifi- cation or credential standard under such regula- tions or modification. (f) FINANCIAL MANAGEMENT POSITION DE- FINED.—In this section, the term ‘‘financial management position’’ means a position or group of positions (including civilian and mili- tary positions), as designated by the Secretary for purposes of this section, that perform, super- vise, or manage work of a fiscal, financial man- agement, accounting, auditing, cost, or budg- etary nature, or that require the performance of financial management-related work. (Added Pub. L. 107–314, div. A, title XI, § 1104(a)(1), Dec. 2, 2002, 116 Stat. 2661; amended Pub. L. 110–417, [div. A], title XI, § 1110, Oct. 14, 2008, 122 Stat. 4619; Pub. L. 112–81, div. A, title X, § 1051(a), Dec. 31, 2011, 125 Stat. 1581.) Editorial Notes AMENDMENTS 2011—Pub. L. 112–81 amended section generally. Prior to amendment, section related to the authority to pre- scribe certification and credential standards for profes- sional accounting positions. 2008—Subsec. (e). Pub. L. 110–417 substituted ‘‘0505, 0510, 0511, or equivalent’’ for ‘‘GS–510, GS–511, and GS–505’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–314, div. A, title XI, § 1104(b), Dec. 2, 2002, 116 Stat. 2661, provided that: ‘‘Standards established pursuant to section 1599d of title 10, United States Code, as added by subsection (a), may take effect no sooner than 120 days after the date of the enactment of this Act [Dec. 2, 2002].’’ [§ 1599e. Repealed. Pub. L. 117–81, div. A, title XI, § 1106(a)(1), Dec. 27, 2021, 135 Stat. 1950] Section, added Pub. L. 114–92, div. A, title XI, § 1105(a)(1), Nov. 25, 2015, 129 Stat. 1023, related to proba- tionary period for employees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 117–81, div. A, title XI, § 1106(a)(1), Dec. 27, 2021, 135 Stat. 1950, provided that the repeal of this sec- tion is effective Dec. 31, 2022. Conforming amendments by section 1106 of Pub. L. 117–81 (amending sections 3321, 3393, 7501, 7511, and 7541 of Title 5, Government Or- ganization and Employees) were executed as if effective at the same time as the repeal, to reflect the probable intent of Congress. APPLICATION Pub. L. 117–81, div. A, title XI, § 1106(a)(2), Dec. 27, 2021, 135 Stat. 1950, provided that: ‘‘The modification of probationary periods for covered employees (as that term is defined in such section 1599e [meaning 10 U.S.C. 1599e] as in effect on the date immediately preceding the date of enactment of this Act [Dec. 27, 2021]) by op- eration of the amendment made by paragraph (1) [re- pealing this section] shall only apply to an individual appointed as such an employee on or after the effective date specified in paragraph (1) [see Effective Date of Repeal note above].’’ § 1599f. United States Cyber Command recruit- ment and retention (a) GENERAL AUTHORITY.—(1) The Secretary of Defense may— (A) establish, as positions in the excepted service, such qualified positions in the Depart-