10 U.S.C. § 991 — Management of deployments of members

Page 899 TITLE 10—ARMED FORCES § 991 (iv) there is any credible information or reporting that any covered individual who occupies a covered post-service position has engaged in activities that violate Fed- eral law. (3) FORM OF REPORT.—Each report required by paragraph (1) shall be submitted in unclas- sified form, but may include a classified annex. (f) NOTIFICATIONS OF DETERMINATIONS OF CER- TAIN THREATS.— (1) REQUIREMENT.—In addition to the annual reports under subsection (d), if the Secretary determines that the services provided by a covered individual who occupies a covered post-service position pose a threat described in clause (iii) of paragraph (2)(B) of that sub- section, or include activities described in clause (iv) of such paragraph, the Secretary shall notify the congressional defense commit- tees of that determination by not later than 30 days after making the determination. (2) ELEMENTS.—A notification required by paragraph (1) shall include the following: (A) The name of the covered individual. (B) The name of the employer. (C) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employ- ment is being performed. (D) As applicable, a description of the risk to national security and the activities that may violate Federal law. (g) RULE OF CONSTRUCTION.—Nothing in this section may be construed to indemnify or shield covered individuals from prosecution under any relevant provision of title 18. (h) DEFINITIONS.—In this section: (1) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ means an individual who has re- tired or otherwise separated from an active or reserve component of the Armed Forces. (2) COVERED POST-SERVICE EMPLOYMENT.— The term ‘‘covered post-service employment’’ means direct or indirect employment by, rep- resentation of, or any provision of advice or services relating to national security, intel- ligence, the military, or internal security to— (A) the government of— (i) a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m))); or (ii) a country the Secretary of Defense determines acts as a proxy or passthrough for services for a country of concern; or (B) any company, entity, or other person the activities of which are directly or indi- rectly supervised, directed, controlled, fi- nanced, or subsidized, in whole or in major part, by a government described in subpara- graph (A). (3) COVERED POST-SERVICE POSITION.—The term ‘‘covered post-service position’’ means a position of employment described in para- graph (2). (Added Pub. L. 118–31, div. A, title V, § 523(a), Dec. 22, 2023, 137 Stat. 250.) CHAPTER 50—MISCELLANEOUS COMMAND RESPONSIBILITIES Sec. 991. Management of deployments of members and measurement and data collection of unit operating and personnel tempo. 992. Financial literacy training: financial serv- ices. 993. Notification of permanent reduction of siz- able numbers of members of the armed forces. 994. Military working dogs: veterinary care for re- tired military working dogs. 995. Accountability for contractors using military working dogs. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, div. A, title III, § 382(a), Dec. 23, 2022, 136 Stat. 2543, added item 995. 2015—Pub. L. 114–92, div. A, title VI, § 661(e)(2), Nov. 25, 2015, 129 Stat. 858, substituted ‘‘Financial literacy training: financial services’’ for ‘‘Consumer education: financial services’’ in item 992. 2013—Pub. L. 112–239, div. A, title III, § 371(b)(2), Jan. 2, 2013, 126 Stat. 1706, added item 994. 2011—Pub. L. 112–81, div. A, title V, § 522(d)(2), div. B, title XXVIII, § 2864(b), Dec. 31, 2011, 125 Stat. 1401, 1702, substituted ‘‘Management of deployments of members and measurement and data collection of unit operating and personnel tempo’’ for ‘‘Management of deploy- ments of members’’ in item 991 and added item 993. 2006—Pub. L. 109–163, div. A, title V, § 578(a)(2), Jan. 6, 2006, 119 Stat. 3276, added item 992. Statutory Notes and Related Subsidiaries REGULATIONS TO PROHIBIT ABANDONMENT Pub. L. 117–263, div. A, title III, § 382(e), Dec. 23, 2022, 136 Stat. 2543, provided that: ‘‘Not later than two years after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall issue regulations to prohibit the abandonment of military working dogs used in support of a military operation outside of the continental United States.’’ § 991. Management of deployments of members and measurement and data collection of unit operating and personnel tempo (a) MANAGEMENT RESPONSIBILITIES.—(1) The deployment (or potential deployment) of a mem- ber of the armed forces shall be managed to en- sure that the member is not deployed, or contin- ued in a deployment, on any day on which the total number of days on which the member has been deployed— (A) out of the preceding 365 days would ex- ceed the one-year high-deployment threshold; or (B) out of the preceding 730 days would ex- ceed the two-year high-deployment threshold. (2) In this subsection: (A) The term ‘‘one-year high-deployment threshold’’ means— (i) 220 days; or (ii) a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness. (B) The term ‘‘two-year high-deployment threshold’’ means— (i) 400 days; or Page 900 TITLE 10—ARMED FORCES § 991 (ii) a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness. (3) A member may be deployed, or continued in a deployment, without regard to paragraph (1) if the deployment, or continued deployment, is approved by the Secretary of Defense. The au- thority of the Secretary under the preceding sentence may only be delegated to a civilian of- ficer of the Department of Defense appointed by the President, by and with the advice and con- sent of the Senate. (4) The Secretary of Defense shall prescribe a policy that addresses each of the following: (A) The amount of dwell time a regular member of the armed forces or unit remains at the member’s or unit’s permanent duty sta- tion or home port, as the case may be, between deployments. (B) The amount of dwell time a reserve member of the armed forces remains at the member’s permanent duty station after com- pleting a deployment of 30 days or more in length. (b) DEPLOYMENT DEFINED.—(1) For the pur- poses of this section, a member of the armed forces shall be considered to be deployed or in a deployment on any day on which, pursuant to orders, the member is performing service in a training exercise or operation at a location or under circumstances that make it impossible or infeasible for the member to spend off-duty time in the housing in which the member resides when on garrison duty at the member’s perma- nent duty station or homeport, as the case may be. (2) In the case of a member of a reserve compo- nent who is performing active service pursuant to orders that do not establish a permanent change of station, the housing referred to in paragraph (1) is any housing (which may include the member’s residence) that the member usu- ally occupies for use during off-duty time when on garrison duty at the member’s permanent duty station or homeport, as the case may be. (3) For the purposes of this section, a member is not deployed or in a deployment when the member is— (A) performing service as a student or train- ee at a school (including any Government school); (B) performing administrative, guard, or de- tail duties in garrison at the member’s perma- nent duty station; or (C) unavailable solely because of— (i) a hospitalization of the member at the member’s permanent duty station or home- port or in the immediate vicinity of the member’s permanent residence; or (ii) a disciplinary action taken against the member. (4) The Secretary of Defense may prescribe a definition of deployment for the purposes of this section other than the definition specified in paragraphs (1) and (2). Any such definition may not take effect until 90 days after the date on which the Secretary notifies the Committee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Rep- resentatives of the revised standard definition of deployment. (c) RECORDKEEPING.—(1) The Secretary of De- fense shall— (A) establish a system for tracking and re- cording the number of days that each member of the armed forces is deployed; (B) prescribe policies and procedures for measuring operating tempo and personnel tempo; and (C) maintain a central data collection repos- itory to provide information for research, ac- tuarial analysis, interagency reporting, and evaluation of Department of Defense programs and policies. (2) The data collection repository shall be able to identify— (A) the active and reserve component units of the armed forces that are participating at the battalion, squadron, or an equivalent level (or a higher level) in contingency operations, major training events, and other exercises and contingencies of such a scale that the exer- cises and contingencies receive an official des- ignation; and (B) the duration of their participation. (3) For each of the armed forces, the data col- lection repository shall be able to indicate, for a fiscal year— (A) the number of members who received the high-deployment allowance under section 436 of title 37 (or who would have been eligible to receive the allowance if the duty assignment was not excluded by the Secretary of Defense); (B) the number of members who received each rate of allowance paid (estimated in the case of members described in the parenthetical phrase in subparagraph (A)); (C) the number of months each member re- ceived the allowance (or would have received it in the case of members described in the par- enthetical phrase in subparagraph (A)); and (D) the total amount expended on the allow- ance. (4) For each of the armed forces, the data col- lection repository shall be able to indicate, for a fiscal year, the number of days that high de- mand, low density units (as defined by the Chairman of the Joint Chiefs of Staff) were de- ployed, and whether these units met the force goals for limiting deployments, as described in the personnel tempo policies applicable to that armed force. (d) NATIONAL SECURITY WAIVER AUTHORITY.— (1) The Secretary of the military department concerned may suspend the applicability of this section to a member or any group of members under the Secretary’s jurisdiction when the Sec- retary determines that such a waiver is nec- essary in the national security interests of the United States. (2)(A) Whenever a waiver is in effect under paragraph (1), the member or group of members covered by the waiver shall be subject to specific and measurable deployment thresholds estab- lished and maintained for purposes of this sub- section. (B) Thresholds under this paragraph may be applicable— (i) uniformly, Department of Defense-wide; or Page 901 TITLE 10—ARMED FORCES § 991 (ii) separately, with respect to each armed force or the United States Special Operations Command. (C) If thresholds under this paragraph are ap- plicable Department-wide, such thresholds shall be established and maintained by the Under Sec- retary of Defense for Personnel and Readiness. If such thresholds are applicable only to one armed force or the Under States Special Oper- ations Command, such thresholds shall be estab- lished and maintained respectively by the Sec- retary of the Army, the Secretary of the Navy (other than with respect to the Marine Corps), the Secretary of the Air Force, the Commandant of the Marine Corps (with respect to the Marine Corps), and the Commander of the United States Special Operations Command, as applicable. (D) In undertaking recordkeeping for purposes of subsection (c), the Under Secretary shall, in conjunction with the officials and officers re- ferred to in subparagraph (C), collect complete and reliable personnel tempo data of members described in subparagraph (A) in order to ensure that the Department, the armed forces, and the United States Special Operations Command fully and completely monitor personnel tempo under any waiver authorized under paragraph (1) and the effect of such waiver on the armed forces. (e) INAPPLICABILITY TO COAST GUARD.—This section does not apply to a member of the Coast Guard when the Coast Guard is not operating as a service in the Navy. (f) OTHER DEFINITIONS.—In this section: (1)(A) Subject to subparagraph (B), the term ‘‘dwell time’’ means the time a member of the armed forces or a unit spends at the perma- nent duty station or home port after returning from a deployment. (B) The Secretary of Defense may modify the definition of dwell time specified in sub- paragraph (A). If the Secretary establishes a different definition of such term, the Sec- retary shall transmit the new definition to Congress. (2) The term ‘‘operating tempo’’ means the rate at which units of the armed forces are in- volved in all military activities, including contingency operations, exercises, and train- ing deployments. (3) The term ‘‘personnel tempo’’ means the amount of time members of the armed forces are engaged in their official duties at a loca- tion or under circumstances that make it in- feasible for a member to spend off-duty time in the housing in which the member resides. (Added Pub. L. 106–65, div. A, title V, § 586(a), Oct. 5, 1999, 113 Stat. 637; amended Pub. L. 106–398, § 1 [[div. A], title V, § 574(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–136, 1654A–137; Pub. L. 107–107, div. A, title V, § 515(a), Dec. 28, 2001, 115 Stat. 1093; Pub. L. 108–136, div. A, title V, § 541(a), Nov. 24, 2003, 117 Stat. 1475; Pub. L. 112–81, div. A, title V, § 522(a)–(d)(1), Dec. 31, 2011, 125 Stat. 1399–1401; Pub. L. 116–92, div. A, title V, §§ 506, 507(a), Dec. 20, 2019, 133 Stat. 1345; Pub. L. 116–283, div. A, title X, § 1081(a)(21), Jan. 1, 2021, 134 Stat. 3871.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(4)(A). Pub. L. 116–283 struck out pe- riod after ‘‘The amount’’. 2019—Subsec. (a)(3). Pub. L. 116–92, § 506(a), sub- stituted ‘‘be delegated to a civilian officer of the De- partment of Defense appointed by the President, by and with the advice and consent of the Senate.’’ for ‘‘be del- egated to— ‘‘(A) a civilian officer of the Department of Defense appointed by the President, by and with the advise and consent of the Senate, or a member of the Senior Executive Service; or ‘‘(B) a general or flag officer in that member’s chain of command (including an officer in the grade of colonel, or in the case of the Navy, captain, serving in a general or flag officer position who has been se- lected for promotion to the grade of brigadier general or rear admiral (lower half) in a report of a selection board convened under section 611(a) or 14101(a) of this title that has been approved by the President).’’ Subsec. (a)(4). Pub. L. 116–92, § 506(b), substituted ‘‘ad- dresses each of the following:’’ for ‘‘addresses the amount’’, inserted ‘‘(A) The amount.’’ before ‘‘of dwell time’’, and ‘‘regular’’ before ‘‘member’’, and added sub- par. (B). Subsec. (d). Pub. L. 116–92, § 507(a), designated exist- ing provisions as par. (1) and added par. (2). 2011—Pub. L. 112–81, § 522(d)(1), substituted ‘‘Manage- ment of deployments of members and measurement and data collection of unit operating and personnel tempo’’ for ‘‘Management of deployments of members’’ in sec- tion catchline. Subsec. (a)(4). Pub. L. 112–81, § 522(a), added par. (4). Subsec. (c). Pub. L. 112–81, § 522(b), amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘The Secretary of each military department shall es- tablish a system for tracking and recording the number of days that each member of the armed forces under the jurisdiction of the Secretary is deployed.’’ Subsec. (f). Pub. L. 112–81, § 522(c), added subsec. (f). 2003—Subsec. (a). Pub. L. 108–136 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘(1) The deployment (or potential deployment) of a member of the armed forces shall be managed, during any period when the member is a high-deployment days member, by the officer in the chain of command of that member who is the lowest-ranking general or flag offi- cer in that chain of command. That officer shall ensure that the member is not deployed, or continued in a de- ployment, on any day on which the total number of days on which the member has been deployed out of the preceding 365 days would exceed 220. However, the member may be deployed, or continued in a deploy- ment, without regard to the preceding sentence if such deployment, or continued deployment, is approved— ‘‘(A) in the case of a member who is assigned to a combatant command in a position under the oper- ational control of the officer in that combatant com- mand who is the service component commander for the members of that member’s armed force in that combatant command, by that officer; and ‘‘(B) in the case of a member not assigned as de- scribed in subparagraph (A), by the service chief of that member’s armed force (or, if so designated by that service chief, by an officer of the same armed force on active duty who is in the grade of general or admiral or who is the personnel chief for that armed force). ‘‘(2) In this section, the term ‘high-deployment days member’ means a member who has been deployed 182 days or more out of the preceding 365 days. ‘‘(3) In paragraph (1)(B), the term ‘service chief’ means the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, or the Commandant of the Marine Corps.’’ 2001—Subsec. (b)(2). Pub. L. 107–107 amended par. (2) generally. Prior to amendment, par. (2) read as follows: Page 902 TITLE 10—ARMED FORCES § 991 ‘‘(2) In the case of a member of a reserve component performing active service, the member shall be consid- ered deployed or in a deployment for the purposes of paragraph (1) on any day on which, pursuant to orders that do not establish a permanent change of station, the member is performing the active service at a loca- tion that— ‘‘(A) is not the member’s permanent training site; and ‘‘(B) is— ‘‘(i) at least 100 miles from the member’s perma- nent residence; or ‘‘(ii) a lesser distance from the member’s perma- nent residence that, under the circumstances appli- cable to the member’s travel, is a distance that re- quires at least three hours of travel to traverse.’’ 2000—Subsec. (a)(1). Pub. L. 106–398, § 1 [[div. A], title V, § 574(a)(1)], substituted ‘‘. However, the member may be deployed, or continued in a deployment, without re- gard to the preceding sentence if such deployment, or continued deployment, is approved—’’ and subpars. (A) and (B) for ‘‘unless an officer in the grade of general or admiral in the member’s chain of command approves the deployment, or continued deployment, of the mem- ber.’’ Subsec. (a)(3). Pub. L. 106–398, § 1 [[div. A], title V, § 574(a)(2)], added par. (3). Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title V, § 574(b)(1)], inserted ‘‘or homeport, as the case may be’’ before period at end. Subsec. (b)(2). Pub. L. 106–398, § 1 [[div. A], title V, § 574(b)(3)], added par. (2). Former par. (2) redesignated (3). Subsec. (b)(3). Pub. L. 106–398, § 1 [[div. A], title V, § 574(b)(2)], redesignated par. (2) as (3). Former par. (3) redesignated (4). Subsec. (b)(3)(C). Pub. L. 106–398, § 1 [[div. A], title V, § 574(b)(4)], added subpar. (C). Subsec. (b)(4). Pub. L. 106–398, § 1 [[div. A], title V, § 574(b)(2)], redesignated par. (3) as (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–107, div. A, title V, § 515(b), Dec. 28, 2001, 115 Stat. 1094, provided that: ‘‘The amendment made by this section [amending this section] shall apply with respect to duty performed on or after October 1, 2001.’’ EFFECTIVE DATE Pub. L. 106–65, div. A, title V, § 586(d)(1), Oct. 5, 1999, 113 Stat. 639, provided that: ‘‘Section 991 of title 10, United States Code (as added by subsection (a)), shall take effect on October 1, 2000. No day on which a mem- ber of the Armed Forces is deployed (as defined in sub- section (b) of that section) before that date may be counted in determining the number of days on which a member has been deployed for purposes of that sec- tion.’’ REGULATIONS Pub. L. 106–65, div. A, title V, § 586(e), Oct. 5, 1999, 113 Stat. 639, provided that: ‘‘Not later than June 1, 2000, the Secretary of each military department shall pre- scribe in regulations the policies and procedures for im- plementing such provisions of law for that military de- partment.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. TREATMENT OF OPERATIONAL DATA FROM AFGHANISTAN Pub. L. 117–81, div. A, title X, § 1088, Dec. 27, 2021, 135 Stat. 1924, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) an immense amount of operational data and in- telligence has been developed over the past two dec- ades of war in Afghanistan; and ‘‘(2) this information is valuable and must be appro- priately retained. ‘‘(b) OPERATIONAL DATA.—The Secretary of Defense shall— ‘‘(1) archive and standardize operational data from Afghanistan across the myriad of defense information systems; and ‘‘(2) ensure the Afghanistan operational data is structured, searchable, and usable across the joint force. ‘‘(c) BRIEFING.—Not later than March 4, 2022, the Under Secretary of Defense for Intelligence and Secu- rity shall provide to the Committee on Armed Services of the House of Representatives a briefing on how the Department of Defense has removed, retained, and as- sured long-term access to operational data from Af- ghanistan across each military department and com- mand. Such briefing shall address the manner in which the Department of Defense— ‘‘(1) is standardizing and archiving intelligence and operational data from Afghanistan across the myriad of defense information systems; and ‘‘(2) ensuring access to such data across the joint force.’’ DEADLINE FOR IMPLEMENTATION OF SUBSECTION (d)(2) Pub. L. 116–92, div. A, title V, § 507(b), Dec. 20, 2019, 133 Stat. 1346, provided that: ‘‘Paragraph (2) of section 991(d) of title 10, United States Code, as added by sub- section (a), shall be fully implemented by not later than March 1, 2020.’’ FAMILY CARE PLANS AND DEFERMENT OF DEPLOYMENT OF SINGLE PARENT OR DUAL MILITARY COUPLES WITH MINOR DEPENDENTS Pub. L. 110–181, div. A, title V, § 586, Jan. 28, 2008, 122 Stat. 132, as amended by Pub. L. 114–328, div. A, title VI, § 618(a), Dec. 23, 2016, 130 Stat. 2160, provided that: ‘‘The Secretary of Defense shall establish appropriate procedures to ensure that an adequate family care plan is in place for a member of the Armed Forces with minor dependents who is a single parent or whose spouse is also a member of the Armed Forces when the member may be deployed in an area for which immi- nent danger pay is authorized under section 310 or 351 of title 37, United States Code. Such procedures should allow the member to request a deferment of deploy- ment due to unforeseen circumstances, and the request for such a deferment should be considered and re- sponded to promptly.’’ POLICY ON CONCURRENT DEPLOYMENT TO COMBAT ZONES OF BOTH MILITARY SPOUSES OF MILITARY FAMILIES WITH MINOR CHILDREN Pub. L. 108–136, div. A, title V, § 585, Nov. 24, 2003, 117 Stat. 1492, provided that: ‘‘(a) PUBLICATION OF POLICY.—Not later than 180 days after the date of the enactment of this Act [Nov. 24, 2003], the Secretary of Defense shall— ‘‘(1) prescribe the policy of the Department of De- fense on concurrent deployment to a combat zone of both spouses of a dual-military family with one or more minor children; and ‘‘(2) transmit the policy to the Committees on Armed Services of the Senate and the House of Rep- resentatives. ‘‘(b) DUAL-MILITARY FAMILY DEFINED.—In this sec- tion, the term ‘dual-military family’ means a family in which both spouses are members of the Armed Forces.’’ REVIEW OF MANAGEMENT OF DEPLOYMENTS OF INDIVIDUAL MEMBERS Pub. L. 106–398, § 1 [[div. A], title V, § 574(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–138, as amended by Pub. L. Page 903 TITLE 10—ARMED FORCES § 992 107–107, div. A, title V, § 592(b), Dec. 28, 2001, 115 Stat. 1125, directed the Secretary of Defense to submit to committees of Congress a report on the administration of this section during fiscal year 2001 not later than Mar. 31, 2002. § 992. Financial literacy training: financial serv- ices (a) REQUIREMENT FOR FINANCIAL LITERACY TRAINING PROGRAM FOR MEMBERS.—(1) The Sec- retary concerned shall carry out a program to provide comprehensive financial literacy train- ing to members of the armed forces under the jurisdiction of the Secretary on— (A) financial services that are available under law to members; (B) financial services that are routinely of- fered by private sector sources to members; (C) practices relating to the marketing of private sector financial services to members; (D) such other matters relating to financial services available to members, and the mar- keting of financial services to members, as the Secretary considers appropriate; and (E) such other financial practices as the Sec- retary considers appropriate. (2) Training under this subsection shall be pro- vided to a member of the armed forces— (A) as a component of the initial entry training of the member; (B) upon arrival at the first duty station of the member; (C) upon arrival at each subsequent duty sta- tion, in the case of a member in pay grade E–6 or below or in pay grade O–3 or below; (D) when the member vests in the Thrift Savings Plan (TSP) under section 8432(g)(2)(C) of title 5; (E) when the member becomes entitled to re- ceive continuation pay under section 356 of title 37, at which time the training shall in- clude, at a minimum, information on options available to the member regarding the use of continuation pay; (F) at each major life event during the serv- ice of the member, such as— (i) marriage; (ii) divorce; (iii) birth of first child; or (iv) disabling sickness or condition; (G) during leadership training; (H) during pre-deployment training and dur- ing post-deployment training; (I) at transition points in the service of the member, such as— (i) transition from a regular component to a reserve component; (ii) separation from service; or (iii) retirement; and (J) as a component of periodically recurring required training that is provided to the mem- ber at a military installation. (3) The training provided at a military instal- lation under paragraph (2)(J) shall include infor- mation on any financial services marketing practices that are particularly prevalent at that military installation and in the vicinity. (4) The Secretary concerned shall prescribe regulations setting forth any other events and circumstances (in addition to the events and cir- cumstances described in paragraph (2)) upon which the training required by this subsection shall be provided. (b) COUNSELING FOR MEMBERS AND SPOUSES.— (1) The Secretary concerned shall, upon request, provide counseling on financial services to each member of the armed forces, and such member’s spouse, under the jurisdiction of the Secretary. (2)(A) In the case of a military installation at which at least 2,000 members of the armed forces on active duty are assigned, the Secretary con- cerned— (i) shall provide counseling on financial serv- ices under this subsection through a full-time financial services counselor at such installa- tion; (ii) shall provide such counseling at such in- stallation— (I) through members of the armed forces in pay grade E–7 or above, or civilians, who provide such counseling as part of their other duties for the armed forces or the De- partment of Defense; (II) by contract, including contract for services by telephone and by the Internet; or (III) through qualified representatives of nonprofit organizations and agencies under formal agreements with the Department of Defense to provide such counseling; and (iii) may not provide financial services through any individual unless such individual agrees to submit financial disclosures annu- ally to the Secretary. (B) In the case of any military installation not described in subparagraph (A), the Secretary concerned shall provide counseling on financial services under this subsection at such installa- tion in accordance with the requirements estab- lished under subparagraph (A)(ii) and (iii). (3) Each financial services counselor under paragraph (2)(A)(i), and any other individual providing counseling on financial services under paragraph (2), shall be an individual who, by rea- son of education, training, or experience, is qualified to provide helpful counseling to mem- bers of the armed forces and their spouses on fi- nancial services and marketing practices de- scribed in subsection (a)(1). Such individual may be a member of the armed forces or an employee of the Federal Government. (4)(A) The Secretary concerned shall take such action as is necessary to ensure that each finan- cial services counselor under paragraph (2)(A)(i), and any other individual providing counseling on financial services under paragraphs (2), is free from conflicts of interest relevant to the performance of duty under this section and, in the performance of that duty, is dedicated to furnishing members of the armed forces and their spouses with helpful information and coun- seling on financial services and related mar- keting practices. (B) In carrying out the requirements of sub- paragraph (A), the Secretary concerned shall es- tablish a requirement that each financial serv- ices counselor under paragraph (2)(A)(i), and any other individual providing counseling on finan- cial services under paragraph (2), submit finan- cial disclosures annually to the Secretary.