Title 10, Armed ForcesRelease 119-110

§988 Prohibition on Ownership or Trading of Stocks in Certain Companies by Certain Officials of the Department of Defense

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 49 — MISCELLANEOUS PROHIBITIONS AND PENALTIES › § 988

Last updated Sep 23, 2026|Official source

Summary

A covered official of the Department of Defense may not buy or hold publicly traded stock in any company that was one of the 10 companies getting the most DoD contract money in a fiscal year during the five preceding fiscal years. Two exceptions apply: if the official’s, spouse’s, and minor children’s total holdings in that company are at or below the de minimis limit in section 2640.202(a)(2) of title 5, Code of Federal Regulations, or if the stock is owned through an Excepted Investment Fund or mutual fund. "Covered official of the Department of Defense" means (1) a civilian appointed by the President with Senate confirmation, and (2) if in a key acquisition job designated by the Secretary, a military member above grade O–6 or a civilian in the Senior Executive Service, Senior-Level, or Scientific or Professional positions. "Excepted Investment Fund" means a widely held fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.).

Full Legal Text

Title 10, §988

Armed Forces, Source: USLM XML via OLRC

(a)Prohibition.—
Except as provided in subsection (b), a covered official of the Department of Defense may not own or purchase publicly traded stock of a company if that company is one of the 10 entities awarded the most amount of contract funds by the Department of Defense in a fiscal year during the five preceding fiscal years.
(b)Exceptions.—
This section shall not apply to the purchase or ownership of a publicly traded stock of a company otherwise described in subsection (a) as follows:
(1)If the aggregate market value of the holdings of the covered official, and the spouse and minor children of the covered official, in the stock of that company, both before and after purchase (in the case of a purchase), does not exceed the de minimis threshold established in section 2640.202(a)(2) of title 5, Code of Federal Regulations.
(2)If the stock is purchased and owned as part of an Excepted Investment Fund or mutual fund.
(c)Definitions.—
In this section: (1)
(2)The term “Excepted Investment Fund” means a widely-held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 102(f)(8) of the Ethics in Government Act of 1978, referred to in subsec. (c)(2), is section 102(f)(8) of Pub. L. 95–521, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 13104(f)(8) of Title 5 by Pub. L. 117–286, §§ 3(c), (7), Dec. 27, 2022, 136 Stat. 4284, 4361.

Reference

Citations & Metadata

Citation

10 U.S.C. § 988

Title 10, Armed Forces

Last Updated

Sep 23, 2026

Release point: 119-110