§977 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must set up a process, working with the military department secretaries, to decide which military medical and dental jobs are needed to meet operational medical readiness. If a job is found not needed for that readiness, the Secretary may convert that military job into a civilian medical or dental job. When converted, the civilian job must be paid at a level that fits the skills and experience required, and the Secretary cannot limit the grade or level of the new civilian position. Military medical or dental position: a health-care job held by a service member. Civilian medical or dental position: a health-care job held by a Department of Defense employee or contractor. Conversion: changing a military job into a civilian job on the official staffing document.

Title 10, §977

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense, in collaboration with the Secretaries of the military departments, shall establish a process to define the military medical and dental personnel requirements necessary to meet operational medical force readiness requirements.

(b)A military medical or dental position within the Department of Defense may be converted to a civilian medical or dental position if the Secretary determines that the position is not necessary to meet operational medical force readiness requirements, as determined pursuant to subsection (a).

(c)In carrying out a conversion under subsection (b), the Secretary of Defense—

(1)shall convert the applicable military position to a civilian position with a level of compensation commensurate with the skills and experience necessary to carry out the duties of such civilian position; and

(2)may not place any limitation on the grade or level to which the military position is so converted.

(d)In this section:

(1)The term “military medical or dental position” means a position for the performance of health care functions within the armed forces held by a member of the armed forces.

(2)The term “civilian medical or dental position” means a position for the performance of health care functions within the Department of Defense held by an employee of the Department or of a contractor of the Department.

(3)The term “conversion”, with respect to a military medical or dental position, means a change of the position to a civilian medical or dental position, effective as of the date of the manning authorization document of the military department making the change (through a change in designation from military to civilian in the document, the elimination of the listing of the position as a military position in the document, or through any other means indicating the change in the document or otherwise).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 977, added Pub. L. 103–160, div. A, title III, § 351(a), Nov. 30, 1993, 107 Stat. 1626; amended Pub. L. 105–85, div. A, title X, § 1073(a)(16), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 106–65, div. A, title X, § 1066(a)(6), Oct. 5, 1999, 113 Stat. 770, related to prohibition of assignment of active duty members to operation of commissary stores, prior to repeal by Pub. L. 108–375, div. A, title VI, § 651(e)(1), Oct. 28, 2004, 118 Stat. 1972. Another prior section 977, added Pub. L. 96–342, title X, § 1002(a), Sept. 8, 1980, 94 Stat. 1119; amended Pub. L. 97–22, § 11(a)(1), July 10, 1981, 95 Stat. 137, provided that no one who originally enlisted after Sept. 7, 1980, in a regular armed services component and failed to serve at least 24 months of such enlistment would be eligible for Federal benefits otherwise receivable because of active service under such enlistment, except that such exclusion was not applicable to one discharged under section 1173 of chapter 61 of this title or to one later proved to be suffering from a disability resulting from an injury or disease incurred during enlistment, prior to repeal by Pub. L. 97–306, title IV, § 408(c)(1), Oct. 14, 1982, 96 Stat. 1446. See section 5303A of Title 38, Veterans’ Benefits, and provisions set out as notes under that section.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 114–328, div. A, title VII, § 721(a)(3), Dec. 23, 2016, 130 Stat. 2228, provided that: “The Secretary of Defense may not carry out section 977(b) of title 10, United States Code, as added by paragraph (1), until the date that is 180 days after the date on which the Secretary submits the report under subsection (b).”

§977 Conversion of Military Medical and Dental Positions to Civilian Medical and Dental Positions: Limitation