10 U.S.C. § 1599c | Health care professionals: enhanced appointment 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 professionals for the Department of Defense if the Secretary determines that the exercise of such authority is necessary in order to provide or enhance 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 ongoing patient care and medical readiness, education, and training requirements of the Department of Defense.

(2)

(A)

section 3304 of title 5 For purposes of , the Secretary of Defense may—

(i)

designate any category of medical or health professional positions within the Department 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 designated.

(B)

In using the authority provided by this paragraph, the Secretary shall apply the principles 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 purposes of subparagraph (A)(i) shall be based on an analysis of current and future Department of Defense workforce requirements.

(b)

Termination of Authority .—

(1)

December 31, 2030 The authority of the Secretary of Defense under subsection (a)(1) to exercise authorities available under chapter 74 of title 38 for purposes of the recruitment, employment, and retention of civilian health care professionals for the Department of Defense expires .

(2)

December 31, 2030 The Secretary may not appoint a person to a position of employment under subsection (a)(2) after .

Pub. L. 107–107, div. A, title XI, § 1104(a)Dec. 28, 2001115 Stat. 1236 Pub. L. 110–181, div. A, title XVI, § 1636(a)Jan. 28, 2008122 Stat. 463 Pub. L. 110–417Oct. 14, 2008122 Stat. 4617 Pub. L. 111–383, div. A, title X, § 1075(b)(22)Jan. 7, 2011124 Stat. 4370 Pub. L. 113–66, div. A, title XI, § 1109Dec. 26, 2013127 Stat. 890 Pub. L. 116–283, div. A, title XI, § 1116Jan. 1, 2021134 Stat. 3897 Pub. L. 118–159, div. A, title VII, § 712Dec. 23, 2024138 Stat. 1947 (Added , , ; amended , , ; , [div. A], title XI, § 1107, , ; , title XI, § 1104, , , 4383; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 104–201, div. A, title XVI, § 1615(a)(1)Sept. 23, 1996110 Stat. 2740 Pub. L. 105–85, div. A, title X, § 1073(a)(31)Nov. 18, 1997111 Stat. 1902 Pub. L. 105–339, § 6(c)(1)(A)Oct. 31, 1998112 Stat. 3188 A prior section 1599c, added , , ; amended , , , related to treatment of a Department of Defense violation of veterans’ preference requirements as a prohibited personnel practice, prior to repeal by , , .

Amendments

Pub. L. 118–159December 31, 2030December 31, 20252024—Subsec. (b). substituted “” for “” in pars. (1) and (2).

Pub. L. 116–283December 31, 2025December 31, 20202021—Subsec. (b). substituted “” for “” in pars. (1) and (2).

Pub. L. 113–66, § 1109(c)(1)section 3304 of title 52013—Subsec. (a)(2)(A). , substituted “” for “sections 3304, 5333, and 5753 of title 5” in introductory provisions.

Pub. L. 113–66, § 1109(c)(2)Subsec. (a)(2)(A)(ii). , substituted “the authority in such section” for “the authorities in such sections”.

Pub. L. 113–66, § 1109(b)Subsec. (b). , redesignated subsec. (c) as (b) and struck out former subsec. (b) which related to recruitment of personnel.

Pub. L. 113–66, § 1109(b)(2)Subsec. (c). , redesignated subsec. (c) as (b).

Pub. L. 113–66, § 1109(a)December 31, 2020December 31, 2015, substituted “” for “” in pars. (1) and (2).

Pub. L. 111–383, § 1104(a)(1)(A)2011—Subsec. (a)(2)(A)(i). , substituted “a shortage category occupation or critical need occupation” for “shortage category positions”.

Pub. L. 111–383, § 1104(a)(1)(B)Subsec. (a)(2)(A)(ii). , substituted “qualified persons directly in the competitive service” for “highly qualified persons directly”.

Pub. L. 111–383, § 1075(b)(22)Subsec. (a)(2)(B). , substituted “subchapter I” for “subchapter 1”.

Pub. L. 111–383, § 1104(a)(2)Subsec. (a)(2)(C). , added subpar. (C).

Pub. L. 111–383, § 1104(b)(1)December 31, 2015September 30, 2012Subsec. (c)(1). , inserted “under subsection (a)(1)” after “Secretary of Defense” and substituted “” for “”.

Pub. L. 111–383, § 1104(b)(2)December 31, 2015September 30, 2012Subsec. (c)(2). , substituted “” for “”.

Pub. L. 110–1812008— amended section generally. Prior to amendment, section related to appointment in excepted service of certain health care professionals.

Pub. L. 110–417, § 1107(a)Subsec. (a). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 110–417, § 1107(b)September 30, 2012September 30, 2010Subsec. (c). , designated existing provisions as par. (1), substituted “” for “”, 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, § 8086Apr. 15, 2011125 Stat. 76

section 7455 of title 38“Notwithstanding any other provision of law or regulation, during the current fiscal year and hereafter, the Secretary of Defense may adjust wage rates for civilian employees hired for certain health care occupations as authorized for the Secretary of Veterans Affairs by , United States Code.”

, , , provided that: