US (United States) Code. Title 10. Subtitle A: General Military Law. Part II. Chapter 81: Civilian employees

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-CITE-

10 USC CHAPTER 81 - CIVILIAN EMPLOYEES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

.

-HEAD-

CHAPTER 81 - CIVILIAN EMPLOYEES

-MISC1-

Sec.

1580. Emergency essential employees: designation.

1580a. Emergency essential employees: notification of required

participation in anthrax vaccine immunization program.

1581. Foreign National Employees Separation Pay Account.

1582. Assistive technology, assistive technology devices, and

assistive technology services.

1583. Employment of certain persons without pay.

1584. Employment of non-citizens.

1585. Carrying of firearms.

1585a. Special agents of the Defense Criminal Investigative

Service: authority to execute warrants and make arrests.

1586. Rotation of career-conditional and career employees assigned

to duty outside the United States.

1587. Employees of nonappropriated fund instrumentalities:

reprisals.

1588. Authority to accept certain voluntary services.

1589. Participation in management of specified non-Federal

entities: authorized activities.

(1590. Repealed.)

1591. Reimbursement for travel and transportation expenses when

accompanying Members of Congress.

1592. Prohibition on payment of severance pay to foreign nationals

in the event of certain overseas base closures.

1593. Uniform allowance: civilian employees.

1594. Reimbursement for financial institution charges incurred

because of Government error in direct deposit of pay.

1595. Civilian faculty members at certain Department of Defense

schools: employment and compensation.

1596. Foreign language proficiency: special pay for proficiency

beneficial for intelligence interests.

1596a. Foreign language proficiency: special pay for proficiency

beneficial for other national security interests.

1596b. Foreign language proficiency: National Foreign Language

Skills Registry.

1597. Civilian positions: guidelines for reductions.

1598. Assistance to terminated employees to obtain certification

and employment as teachers or employment as teachers' aides.

(1599. Renumbered.)

1599a. Financial assistance to certain employees in acquisition of

critical skills.

1599b. Employees abroad: travel expenses; health care.

1599c. Appointment in excepted service of certain health care

professionals.

1599d. Professional accounting positions: authority to prescribe

certification and credential standards.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title X, Sec. 1064(a)(2), title

XI, Sec. 1104(a)(2), Dec. 2, 2002, 116 Stat. 2654, 2661, added

items 1596b and 1599d.

2001 - Pub. L. 107-107, div. A, title XI, Sec. 1104(b), Dec. 28,

2001, 115 Stat. 1238, added item 1599c.

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title VII, Sec.

751(c)(2), title XI, Sec. 1102(b), 1131(c)), Oct. 30, 2000, 114

Stat. 1654, 1654A-194, 1654A-311, 1654A-317, added items 1580a,

1582, 1596, and 1596a and struck out former item 1596 ''Foreign

language proficiency: special pay''.

1999 - Pub. L. 106-65, div. A, title XI, Sec. 1103(b)(2), Oct.

5, 1999, 113 Stat. 777, added item 1580.

1998 - Pub. L. 105-339, Sec. 6(c)(1)(B), Oct. 31, 1998, 112 Stat.

3188, struck out item 1599c ''Veterans' preference requirements:

Department of Defense failure to comply treated as a prohibited

personnel practice''.

1997 - Pub. L. 105-85, div. A, title V, Sec. 593(b)(2), title X,

Sec. 1071(b), Nov. 18, 1997, 111 Stat. 1764, 1898, added items

1585a and 1589.

1996 - Pub. L. 104-201, div. A, title X, Sec. 1074(a)(7), title

XVI, Sec. 1604(b), 1614(b)(2), 1615(a)(2), 1633(c)(2), Sept. 23,

1996, 110 Stat. 2659, 2736, 2739, 2741, 2751, struck out items 1589

''Prohibition on payment of lodging expenses when adequate

Government quarters are available'', 1590 ''Management of civilian

intelligence personnel of the military departments'', and 1599

''Postemployment assistance: certain terminated intelligence

employees'', struck out ''Sec.'' at beginning of item 1599a, and

added items 1599b and 1599c.

Pub. L. 104-106, div. A, title X, Sec. 1040(d)(2), Feb. 10,

1996, 110 Stat. 433, inserted '': reprisals'' after

''instrumentalities'' in item 1587.

Pub. L. 104-93, title V, Sec. 505(b), Jan. 6, 1996, 109 Stat.

974, added item 1599a.

1994 - Pub. L. 103-359, title VIII, Sec. 806(a)(2), Oct. 14,

1994, 108 Stat. 3442, added item 1599.

1993 - Pub. L. 103-160, div. A, title IX, Sec. 923(a)(2), Nov.

30, 1993, 107 Stat. 1731, substituted ''Civilian faculty members at

certain Department of Defense schools: employment and

compensation'' for ''National Defense University; Foreign Language

Center of the Defense Language Institute: civilian faculty

members'' in item 1595.

1992 - Pub. L. 102-484, div. A, title III, Sec. 371(b), title

IX, Sec. 923(a)(2)(B), div. D, title XLIV, Sec. 4442(b), Oct. 23,

1992, 106 Stat. 2384, 2474, 2732, substituted ''University; Foreign

Language Center of the Defense Language Institute'' for

''University:'' in item 1595, substituted ''Civilian positions:

guidelines for reductions'' for ''Employees of industrial-type or

commercial-type activities: guidelines for future reductions'' in

item 1597, and added item 1598.

1991 - Pub. L. 102-190, div. A, title X, Sec. 1003(a)(2), Dec.

5, 1991, 105 Stat. 1456, added item 1581.

Pub. L. 102-25, title VII, Sec. 701(e)(4), (8)(B), Apr. 6, 1991,

105 Stat. 114, 115, substituted ''Employment of non-citizens'' for

''Laws relating to employment of non-citizens: not applicable to

research and development activities'' in item 1584 and struck out

''mandatory'' after ''error in'' in item 1594.

1990 - Pub. L. 101-510, div. A, title III, Sec. 322(a)(2), title

XIV, Sec. 1484(a), Nov. 5, 1990, 104 Stat. 1529, 1715, redesignated

item 1592 ''Foreign language proficiency: special pay'' as item

1596 and added item 1597.

1989 - Pub. L. 101-193, title V, Sec. 501(a)(2), Nov. 30, 1989,

103 Stat. 1708, added item 1592 ''Foreign language proficiency:

special pay''.

Pub. L. 101-189, div. A, title III, Sec. 311(b)(2), 336(a)(2),

title VI, Sec. 664(b)(2), title XI, Sec. 1124(a)(2), Nov. 29, 1989,

103 Stat. 1412, 1419, 1467, 1558, added item 1592 ''Prohibition on

payment of severance pay to foreign nationals in the event of

certain overseas base closures.'', and items 1593 to 1595.

1987 - Pub. L. 100-180, div. A, title VI, Sec. 617(b)(2), Dec.

4, 1987, 101 Stat. 1097, added item 1591.

1986 - Pub. L. 99-569, title V, Sec. 504(b), Oct. 27, 1986, 100

Stat. 3199, added item 1590.

1984 - Pub. L. 98-525, title XIV, Sec. 1401(f)(2), Oct. 19, 1984,

98 Stat. 2618, added item 1589.

1983 - Pub. L. 98-94, title XII, Sec. 1253(a)(2), 1266(b), Sept.

24, 1983, 97 Stat. 700, 705, added items 1587 and 1588.

1982 - Pub. L. 97-295, Sec. 1(19)(B), (20)(C), Oct. 12, 1982, 96

Stat. 1290, struck out items 1581 ''Appointment: professional and

scientific services'' and 1582 ''Professional and scientific

services: reports to Congress on appointments'', and substituted

''pay'' for ''compensation'' in item 1583.

1966 - Pub. L. 89-718, Sec. 13, Nov. 2, 1966, 80 Stat. 1117,

struck out item 1580 ''Appointment generally''.

1962 - Pub. L. 87-651, title II, Sec. 206(b), Sept. 7, 1962, 76

Stat. 520, added item 1580.

1960 - Pub. L. 86-585, Sec. 2, July 5, 1960, 74 Stat. 327, added

item 1586.

1958 - Pub. L. 85-577, Sec. 1(2), July 31, 1958, 72 Stat. 456,

added item 1585.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1552 of this title.

-CITE-

10 USC Sec. 1580 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1580. Emergency essential employees: designation

-STATUTE-

(a) Criteria for Designation. - The Secretary of Defense or the

Secretary of the military department concerned may designate as an

emergency essential employee any employee of the Department of

Defense, whether permanent or temporary, the duties of whose

position meet all of the following criteria:

(1) It is the duty of the employee to provide immediate and

continuing support for combat operations or to support

maintenance and repair of combat essential systems of the armed

forces.

(2) It is necessary for the employee to perform that duty in a

combat zone after the evacuation of nonessential personnel,

including any dependents of members of the armed forces, from the

zone in connection with a war, a national emergency declared by

Congress or the President, or the commencement of combat

operations of the armed forces in the zone.

(3) It is impracticable to convert the employee's position to a

position authorized to be filled by a member of the armed forces

because of a necessity for that duty to be performed without

interruption.

(b) Eligibility of Employees of Nonappropriated Fund

Instrumentalities. - A nonappropriated fund instrumentality

employee is eligible for designation as an emergency essential

employee under subsection (a).

(c) Definitions. - In this section:

(1) The term ''combat zone'' has the meaning given that term in

section 112(c)(2) of the Internal Revenue Code of 1986.

(2) The term ''nonappropriated fund instrumentality employee''

has the meaning given that term in section 1587(a)(1) of this

title.

-SOURCE-

(Added Pub. L. 106-65, div. A, title XI, Sec. 1103(b)(1), Oct. 5,

1999, 113 Stat. 776.)

-REFTEXT-

REFERENCES IN TEXT

Section 112(c)(2) of the Internal Revenue Code of 1986, referred

to in subsec. (c)(1), is classified to section 112(c)(2) of Title

26, Internal Revenue Code.

-MISC2-

PRIOR PROVISIONS

A prior section 1580, added Pub. L. 87-651, title II, Sec.

206(a), Sept. 7, 1962, 76 Stat. 519, related to appointment of

civilian employees by the Secretary of Defense, prior to repeal by

Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 663.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 6304, 8702.

-CITE-

10 USC Sec. 1580a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1580a. Emergency essential employees: notification of required

participation in anthrax vaccine immunization program

-STATUTE-

The Secretary of Defense shall -

(1) prescribe regulations for the purpose of ensuring that any

civilian employee of the Department of Defense who is determined

to be an emergency essential employee and who is required to

participate in the anthrax vaccine immunization program is

notified of the requirement to participate in the program and the

consequences of a decision not to participate; and

(2) ensure that any individual who is being considered for a

position as such an employee is notified of the obligation to

participate in the program before being offered employment in

such position.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title VII, Sec.

751(c)(1)), Oct. 30, 2000, 114 Stat. 1654, 1654A-194.)

-CITE-

10 USC Sec. 1581 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1581. Foreign National Employees Separation Pay Account

-STATUTE-

(a) Establishment and Purpose. - There is established on the

books of the Treasury an account to be known as the ''Foreign

National Employees Separation Pay Account, Defense''. The account

shall be used for the accumulation of funds to finance obligations

of the United States for separation pay for foreign nationals

referred to in subsection (e).

(b) Deposits Into Account. - The Secretary of Defense shall

deposit into the account from applicable appropriations all amounts

obligated for separation pay for foreign nationals referred to in

subsection (e).

(c) Payments From Account. - Amounts in the account shall remain

available for expenditure in accordance with the purpose for which

obligated until expended.

(d) Deobligated Funds. - Any amount in the account that is

deobligated shall be available for a period of two years from the

date of deobligation for recording, adjusting, and liquidating

amounts properly chargeable to the liability of the United States

for which the obligation was made. Any such deobligated amount

remaining at the end of such two-year period shall be canceled.

(e) Employees Covered. - This section applies only with respect

to separation pay of foreign nationals employed by the Department

of Defense, and foreign nationals employed by a foreign government

for the benefit of the Department of Defense, under any of the

following agreements that provide for payment of separation pay:

(1) A contract.

(2) A treaty.

(3) A memorandum of understanding with a foreign nation.

-SOURCE-

(Added Pub. L. 102-190, div. A, title X, Sec. 1003(a)(1), Dec. 5,

1991, 105 Stat. 1456; amended Pub. L. 102-484, div. A, title X,

Sec. 1052(20), Oct. 23, 1992, 106 Stat. 2500; Pub. L. 103-337,

div. A, title III, Sec. 346, Oct. 5, 1994, 108 Stat. 2724; Pub. L.

107-107, div. A, title X, Sec. 1048(e)(2), Dec. 28, 2001, 115

Stat. 1227.)

-MISC1-

PRIOR PROVISIONS

A prior section 1581, acts Aug. 10, 1956, ch. 1041, 70A Stat.

118; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(34), 72 Stat. 1456; May

29, 1959, Pub. L. 86-36, Sec. 3, 73 Stat. 63; Sept. 23, 1959, Pub.

L. 86-377, Sec. 2, 73 Stat. 701; Oct. 4, 1961, Pub. L. 87-367,

title II, Sec. 203, 75 Stat. 790; Oct. 11, 1962, Pub. L. 87-793,

Sec. 1001(b), 76 Stat. 863, provided for appointment of a limited

number of civilian research and development personnel and

prescribed their relationship to civil service provisions, prior to

repeal by Pub. L. 97-295, Sec. 1(19)(A), Oct. 12, 1982, 96 Stat.

1290.

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-107 struck out par. (2)

designation and ''on or after December 5, 1991,'' after ''all

amounts obligated'' and struck out par. (1) which read as follows:

''The Secretary of the Treasury shall deposit into the account all

amounts that were obligated by the Secretary of Defense before

December 5, 1991, and that remain unexpended for separation pay for

foreign nationals referred to in subsection (e).''

1994 - Subsecs. (a), (b). Pub. L. 103-337, Sec. 346(1),

substituted ''foreign nationals referred to in subsection (e)'' for

''foreign national employees of the Department of Defense''

wherever appearing.

Subsec. (e). Pub. L. 103-337, Sec. 346(2), added subsec. (e) and

struck out former subsec. (e) which read as follows: ''Employees

Covered. - This section applies only with respect to separation pay

of foreign nationals employed by the Department of Defense under

any of the following agreements that provide for payment of

separation pay:

''(1) A contract.

''(2) A treaty.

''(3) A memorandum of understanding with a foreign nation.''

1992 - Subsec. (b)(1), (2). Pub. L. 102-484 substituted

''December 5, 1991,'' for ''the date of the enactment of this

section''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1592 of this title.

-CITE-

10 USC Sec. 1582 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1582. Assistive technology, assistive technology devices, and

assistive technology services

-STATUTE-

(a) Authority. - The Secretary of Defense may provide assistive

technology, assistive technology devices, and assistive technology

services to the following:

(1) Department of Defense employees with disabilities.

(2) Organizations within the Department that have requirements

to make programs or facilities accessible to, and usable by,

persons with disabilities.

(3) Any other department or agency of the Federal Government,

upon the request of the head of that department or agency, for

its employees with disabilities or for satisfying a requirement

to make its programs or facilities accessible to, and usable by,

persons with disabilities.

(b) Definitions. - In this section, the terms ''assistive

technology'', ''assistive technology device'', ''assistive

technology service'', and ''disability'' have the meanings given

those terms in section 3 of the Assistive Technology Act of 1998

(29 U.S.C. 3002).

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title XI, Sec. 1102(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-311.)

-MISC1-

PRIOR PROVISIONS

A prior section 1582, acts Aug. 10, 1956, ch. 1041, 70A Stat.

118; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(35), 72 Stat. 1456;

Sept. 23, 1959, Pub. L. 86-377, Sec. 3, 73 Stat. 701, directed

Secretary of Defense to report annually to Congress on civilian

research and development personnel employed by Department of

Defense under former section 1581 of this title, prior to repeal by

Pub. L. 97-295, Sec. 1(19)(A), Oct. 12, 1982, 96 Stat. 1290.

-CITE-

10 USC Sec. 1583 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1583. Employment of certain persons without pay

-STATUTE-

The Secretary of Defense may employ, without pay, not more than

10 persons of outstanding experience and ability. However, a

person so employed may be allowed transportation, and not more than

$15 a day instead of subsistence, while away from his home or

regular place of business pursuant to employment under this

section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 118; Pub. L. 89-718, Sec. 14,

Nov. 2, 1966, 80 Stat. 1117; Pub. L. 97-295, Sec. 1(20)(A), (B),

Oct. 12, 1982, 96 Stat. 1290.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1583(a) 5:171v (less words Jan. 6, 1951, ch.

of 1st sentence 1213, subch. VII,

after semicolon). Sec. 704, 64 Stat.

1235.

1583(b) 5:171v (words of 1st

sentence after

semicolon).

-------------------------------

AMENDMENTS

1982 - Pub. L. 97-295 substituted ''pay'' for ''compensation'' in

section catchline and text.

1966 - Pub. L. 89-718 struck out designation ''(a)'' at beginning

of section and repealed subsec. (b) which authorized the Secretary,

by regulation, to exempt persons employed under provisions formerly

designated subsec. (a) from former sections 281, 283, 284, 434, and

1914 of title 18 and former section 99 of title 5.

-CITE-

10 USC Sec. 1584 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1584. Employment of non-citizens

-STATUTE-

Laws prohibiting the employment of, or payment of pay or expenses

to, a person who is not a citizen of the United States do not apply

to personnel of the Department of Defense.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 118; Pub. L. 97-295, Sec.

1(20)(A), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 101-510, div. A,

title XIV, Sec. 1481(d)(1), (2), 1482(b), Nov. 5, 1990, 104 Stat.

1706, 1709; Pub. L. 104-106, div. A, title X, Sec. 1062(b), Feb.

10, 1996, 110 Stat. 444.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1584 5:235c. 5:475h. July 16, 1952, ch.

5:628c. 882, Sec. 2, 66

Stat. 725.

-------------------------------

The words ''appointment or'' are omitted as surplusage.

AMENDMENTS

1996 - Pub. L. 104-106 struck out subsec. (a) heading ''Waiver of

employment restrictions for certain personnel'', designated subsec.

(a) as entire section, and struck out subsec. (b) which read as

follows: ''Notice to Congress of Certain Salary Increases. - The

Secretary of Defense shall notify the Committees on Armed Services

and the Committees on Appropriations of the Senate and House of

Representatives when any salary increase granted to direct and

indirect hire foreign national employees of the Department of

Defense overseas, stated as a percentage, is greater than the

higher of the following percentages:

''(1) The percentage pay increase authorized by law for

civilian employees of the Department of Defense whose pay is

computed under the provisions of section 5332 of title 5.

''(2) The percentage increase provided to national government

employees of the host nation.''

1990 - Pub. L. 101-510, Sec. 1482(b), substituted ''personnel of

the Department of Defense'' for ''any expert, scientist,

technician, or professional person whose employment in connection

with the research and development activities of a military

department is determined to be necessary by the Secretary of that

department'' in subsec. (a).

Pub. L. 101-510, Sec. 1481(d)(1), (2), substituted ''Employment

of non-citizens'' for ''Laws relating to employment of

non-citizens: not applicable to research and development

activities'' in section catchline, designated existing provisions

as subsec. (a) and inserted heading, and added subsec. (b).

1982 - Pub. L. 97-295 substituted ''pay'' for ''compensation''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 1482(b) of Pub. L. 101-510 effective Oct. 1,

1991, see section 1482(d) of Pub. L. 101-510, set out as a note

under section 119 of this title.

CITIZENSHIP REQUIREMENT NOT APPLICABLE

Pub. L. 107-248, title VIII, Sec. 8002, Oct. 23, 2002, 116 Stat.

1536, provided that: ''During the current fiscal year, provisions

of law prohibiting the payment of compensation to, or employment

of, any person not a citizen of the United States shall not apply

to personnel of the Department of Defense: Provided, That salary

increases granted to direct and indirect hire foreign national

employees of the Department of Defense funded by this Act (see

Tables for classification) shall not be at a rate in excess of the

percentage increase authorized by law for civilian employees of the

Department of Defense whose pay is computed under the provisions of

section 5332 of title 5, United States Code, or at a rate in excess

of the percentage increase provided by the appropriate host nation

to its own employees, whichever is higher: Provided further, That

this section shall not apply to Department of Defense foreign

service national employees serving at United States diplomatic

missions whose pay is set by the Department of State under the

Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.): Provided

further, That the limitations of this provision shall not apply to

foreign national employees of the Department of Defense in the

Republic of Turkey.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 107-117, div. A, title VIII, Sec. 8002, Jan. 10, 2002,

115 Stat. 2247.

Pub. L. 106-259, title VIII, Sec. 8002, Aug. 9, 2000, 114 Stat.

674.

Pub. L. 106-79, title VIII, Sec. 8002, Oct. 25, 1999, 113 Stat.

1230.

Pub. L. 105-262, title VIII, Sec. 8002, Oct. 17, 1998, 112 Stat.

2296.

Pub. L. 105-56, title VIII, Sec. 8002, Oct. 8, 1997, 111 Stat.

1219.

Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.

8002), Sept. 30, 1996, 110 Stat. 3009-71, 3009-87.

Pub. L. 104-61, title VIII, Sec. 8002, Dec. 1, 1995, 109 Stat.

651.

Pub. L. 103-335, title VIII, Sec. 8002, Sept. 30, 1994, 108 Stat.

2616.

Pub. L. 103-139, title VIII, Sec. 8002, Nov. 11, 1993, 107 Stat.

1437.

Pub. L. 102-396, title IX, Sec. 9002, Oct. 6, 1992, 106 Stat.

1900.

Pub. L. 102-172, title VIII, Sec. 8002, Nov. 26, 1991, 105 Stat.

1170.

Pub. L. 101-511, title VIII, Sec. 8002, Nov. 5, 1990, 104 Stat.

1873.

Pub. L. 101-165, title IX, Sec. 9003, Nov. 21, 1989, 103 Stat.

1129.

Pub. L. 100-463, title VIII, Sec. 8003, Oct. 1, 1988, 102 Stat.

2270-17.

Pub. L. 100-202, Sec. 101(b) (title VIII, Sec. 8004), Dec. 22,

1987, 101 Stat. 1329-43, 1329-62.

Pub. L. 99-500, Sec. 101(c) (title IX, Sec. 9004), Oct. 18, 1986,

100 Stat. 1783-82, 1783-101, and Pub. L. 99-591, Sec. 101(c) (title

IX, Sec. 9004), Oct. 30, 1986, 100 Stat. 3341-82, 3341-101.

Pub. L. 99-190, Sec. 101(b) (title VIII, Sec. 8004), Dec. 19,

1985, 99 Stat. 1185, 1202.

Pub. L. 98-473, title I, Sec. 101(h) (title VIII, Sec. 8004),

Oct. 12, 1984, 98 Stat. 1904, 1922.

Pub. L. 98-212, title VII, Sec. 704, Dec. 8, 1983, 97 Stat. 1437.

Pub. L. 97-377, title I, Sec. 101(c) (title VII, Sec. 704), Dec.

21, 1982, 96 Stat. 1833, 1349.

Pub. L. 97-114, title VII, Sec. 704, Dec. 29, 1981, 95 Stat.

1578.

Pub. L. 96-527, title VII, Sec. 704, Dec. 15, 1980, 94 Stat.

3080.

Pub. L. 96-154, title VII, Sec. 704, Dec. 21, 1979, 93 Stat.

1152.

Pub. L. 95-457, title VIII, Sec. 804, Oct. 13, 1978, 92 Stat.

1243.

Pub. L. 95-111, title VIII, Sec. 803, Sept. 21, 1977, 91 Stat.

899.

Pub. L. 94-419, title VII, Sec. 703, Sept. 22, 1976, 90 Stat.

1290.

Pub. L. 94-212, title VII, Sec. 703, Feb. 9, 1976, 90 Stat. 168.

Pub. L. 93-437, title VIII, Sec. 803, Oct. 8, 1974, 88 Stat.

1224.

Pub. L. 93-238, title VII, Sec. 703, Jan. 2, 1974, 87 Stat. 1038.

Pub. L. 92-570, title VII, Sec. 703, Oct. 26, 1972, 86 Stat.

1196.

Pub. L. 92-204, title VII, Sec. 703, Dec. 18, 1971, 85 Stat. 726.

Pub. L. 91-668, title VIII, Sec. 803, Jan. 11, 1971, 84 Stat.

2029.

Pub. L. 91-171, title VI, Sec. 603, Dec. 29, 1969, 83 Stat. 479.

Pub. L. 90-580, title V, Sec. 502, Oct. 17, 1968, 82 Stat. 1129.

Pub. L. 90-96, title VI, Sec. 602, Sept. 29, 1967, 81 Stat. 241.

Pub. L. 89-687, title VI, Sec. 602, Oct. 15, 1966, 80 Stat. 990.

Pub. L. 89-213, title VI, Sec. 602, Sept. 29, 1965, 79 Stat. 873.

Pub. L. 88-446, title V, Sec. 502, Aug. 19, 1964, 78 Stat. 474.

Pub. L. 88-149, title V, Sec. 502, Oct. 17, 1963, 77 Stat. 263.

Pub. L. 87-577, title V, Sec. 502, Aug. 9, 1962, 76 Stat. 327.

Pub. L. 87-144, title VI, Sec. 602, Aug. 17, 1961, 75 Stat. 375.

Pub. L. 86-601, title V, Sec. 502, July 7, 1960, 74 Stat. 349.

Pub. L. 86-166, title V, Sec. 602, Aug. 18, 1959, 73 Stat. 378.

Pub. L. 85-724, title VI, Sec. 602, Aug. 22, 1958, 72 Stat. 723.

Pub. L. 85-117, title VI, Sec. 602, Aug. 2, 1957, 71 Stat. 323.

July 2, 1956, ch. 488, title VI, Sec. 602, 70 Stat. 467.

July 13, 1955, ch. 358, title VI, Sec. 603, 69 Stat. 314.

June 30, 1954, ch. 432, title VII, Sec. 703, 68 Stat. 349.

Aug. 1, 1953, ch. 305, title VI, Sec. 603, 67 Stat. 349.

July 10, 1952, ch. 630, title VI, Sec. 603, 66 Stat. 531.

Oct. 18, 1951, ch. 512, title VI, Sec. 603, 65 Stat. 444.

Sept. 6, 1950, ch. 896, Ch. X, title VI, Sec. 603, 64 Stat. 752.

Oct. 29, 1949, ch. 787, title VI, Sec. 603, 63 Stat. 1017.

June 24, 1948, ch. 632, 62 Stat. 651.

July 30, 1947, ch. 357, title I, Sec. 1, 61 Stat. 553.

July 16, 1946, ch. 583, Sec. 1, 60 Stat. 543.

July 28, 1945, ch. 265, Sec. 1, 59 Stat. 386.

June 28, 1944, ch. 303, Sec. 1, 58 Stat. 575.

July 1, 1943, ch. 185, Sec. 1, 57 Stat. 349.

July 2, 1942, ch. 477, Sec. 1, 56 Stat. 613.

SALARY INCREASES TO FOREIGN NATIONAL EMPLOYEES; NOTICE TO CONGRESS

Pub. L. 100-463, title VIII, Sec. 8114, Oct. 1, 1988, 102 Stat.

2270-38, which directed Secretary of Defense to notify House and

Senate Committees on Appropriations when salary increases granted

to foreign national employees were at a rate in excess of the

percentage pay increase authorized by law for civilian employees of

Department of Defense whose pay was computed under section 5332 of

title 5 or at a rate in excess of the percentage increase provided

to National Government employees of the host nation, whichever was

higher, was repealed and restated in subsec. (b) of this section by

Pub. L. 101-510, Sec. 1481(d)(1)(B), (4)(A).

-CITE-

10 USC Sec. 1585 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1585. Carrying of firearms

-STATUTE-

Under regulations to be prescribed by the Secretary of Defense,

civilian officers and employees of the Department of Defense may

carry firearms or other appropriate weapons while assigned

investigative duties or such other duties as the Secretary may

prescribe.

-SOURCE-

(Added Pub. L. 85-577, Sec. 1(1), July 31, 1958, 72 Stat. 455.)

-CITE-

10 USC Sec. 1585a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1585a. Special agents of the Defense Criminal Investigative

Service: authority to execute warrants and make arrests

-STATUTE-

(a) Authority. - The Secretary of Defense may authorize any DCIS

special agent described in subsection (b) -

(1) to execute and serve any warrant or other process issued

under the authority of the United States; and

(2) to make arrests without a warrant -

(A) for any offense against the United States committed in

the presence of that agent; and

(B) for any felony cognizable under the laws of the United

States if the agent has probable cause to believe that the

person to be arrested has committed or is committing the

felony.

(b) Agents To Have Authority. - Subsection (a) applies to any

DCIS special agent whose duties include conducting, supervising, or

coordinating investigations of criminal activity in programs and

operations of the Department of Defense.

(c) Guidelines on Exercise of Authority. - The authority provided

under subsection (a) shall be exercised in accordance with

guidelines prescribed by the Inspector General of the Department of

Defense and approved by the Attorney General and any other

applicable guidelines prescribed by the Secretary of Defense or the

Attorney General.

(d) DCIS Special Agent Defined. - In this section, the term

''DCIS special agent'' means an employee of the Department of

Defense who is a special agent of the Defense Criminal

Investigative Service (or any successor to that service).

-SOURCE-

(Added Pub. L. 105-85, div. A, title X, Sec. 1071(a), Nov. 18,

1997, 111 Stat. 1897.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4027, 7480, 9027 of this

title.

-CITE-

10 USC Sec. 1586 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1586. Rotation of career-conditional and career employees

assigned to duty outside the United States

-STATUTE-

(a) In order to advance the programs and activities of the

Defense Establishment, it is hereby declared to be the policy of

the Congress to facilitate the interchange of civilian employees of

the Defense Establishment between posts of duty in the United

States and posts of duty outside the United States through the

establishment and operation of programs for the rotation, to the

extent consistent with the missions of the Defense Establishment

and sound principles of administration, of such employees who are

assigned to duty outside the United States.

(b) Notwithstanding any other provision of law, the Secretary of

Defense with respect to civilian employees of the Department of

Defense other than employees of a military department, and the

Secretary of each military department with respect to civilian

employees of such military department, may, under such regulations

as each such Secretary may prescribe with respect to the employees

concerned and in accordance with the policy and other provisions of

this section, establish and operate programs of rotation which

provide for the granting of the right to return to a position in

the United States to each civilian employee in the department

concerned -

(1) who, while serving under a career-conditional or career

appointment in the competitive civil service, is assigned at the

request of the department concerned to duty outside the United

States,

(2) who satisfactorily completes such duty, and

(3) who applies, not later than 30 days after his completion of

such duty, for the right to return to a position in the United

States as provided by subsection (c).

The Secretary of the department concerned may provide by regulation

for the waiver of the provisions of paragraphs (2) and (3), or of

either of such paragraphs, in those cases in which the application

of such paragraphs, or either of them, would be against equity and

good conscience or against the public interest.

(c) The right to return to a position in the United States

granted under this section shall be without reduction in the

seniority, status, and tenure held by the employee immediately

before his assignment to duty outside the United States and the

employee shall be placed, not later than 30 days after the date on

which he is determined to be immediately available to exercise such

right in accordance with the following provisions:

(1) The employee shall be placed in the position which he held

immediately before his assignment to duty outside the United

States, if such position exists.

(2) If such position does not exist, or with his consent, the

employee shall be placed in a vacant existing position, or in a

new continuing position, for which he is qualified, available for

the purposes of this section in the department concerned, in the

same geographical area as, with rights and benefits equal to the

rights and benefits of, and in a grade equal to the grade of, the

position which he held immediately before his assignment to duty

outside the United States.

(3) If the positions described in paragraph (1) and paragraph

(2) do not exist, the employee shall be placed in an additional

position which shall be established by the department concerned

for a period not in excess of 90 days in order to carry out the

purposes of this section. Such additional position shall be in

the same geographical area as, with rights and benefits not less

than the rights and benefits of, and in a grade not lower than

the grade of, the position held by the employee immediately

before his assignment to duty outside the United States.

(4) If, within 90 days after his placement in a position under

paragraph (3) a vacant existing position or new continuing

position, for which the employee is qualified, is available for

the purposes of this section in the department concerned, in the

same geographical area as, with rights and benefits equal to the

rights and benefits of, and in a grade equal to the grade of, the

position which he held immediately before his assignment to duty

outside the United States, the employee shall be placed in such

vacant existing position or new continuing position.

(5) If, within the 90-day period referred to in paragraphs (3)

and (4), the employee cannot be placed in a position under

paragraph (4), he shall be reassigned or separated under the

regulations prescribed by the Office of Personnel Management to

carry out sections 3501-3503 of title 5.

(6) If there is a termination of or material change in the

activity in which the former position of the employee (referred

to in paragraph (1)) was located, he shall be placed, in the

manner provided by paragraphs (2), (3), and (4), as applicable,

in a position in the department concerned in a geographical area

other than the geographical area in which such former position

was located.

(d) Each employee who is placed in a position under paragraph

(1), (2), (3), (4), or (6) of subsection (c) shall be paid at a

rate of basic pay which is not less than the rate of basic pay to

which he would have been entitled if he had not been assigned to

duty outside the United States.

(e)(1) Each employee who is displaced from a position by reason

of the exercise of a return right under subsection (c)(1) shall be

placed, as of the date of such displacement, without reduction in

seniority, status, and tenure, in a vacant existing position or new

continuing position, for which he is qualified, available in the

department concerned, in the same geographical area as, with rights

and benefits equal to the rights and benefits of, in a grade equal

to the grade of, and at a rate of basic pay not less than the last

rate of basic pay which is not less than the last rate of basic pay

to which he was entitled while in, the position from which he is

displaced.

(2) If the employee cannot be placed in a position under

paragraph (1), he shall be reassigned to a position other than the

position from which he is displaced, or separated, under the

regulations prescribed by the Office of Personnel Management to

carry out sections 3501-3503 of title 5.

(f) The President may, upon his determination that such action is

necessary in the national interest, declare that, for such period

as he may specify, an assignment of an employee to duty in Alaska

or Hawaii shall be held and considered, for the purposes of this

section, to be an assignment to duty outside the United States.

(g) In this section:

(1) The term ''rotation'' means the assignment of civilian

employees referred to in subsection (b) to duty outside the

United States and the return of such employees to duty within the

United States.

(2) The term ''grade'' means, as applicable, a grade of the

General Schedule as prescribed in section 5104 of title 5 or a

grade or level of the appropriate prevailing rate schedule.

(h) The Secretary of Defense may, under such regulations as he

may prescribe, make the provisions of subsections (a) through (g)

applicable to civilian employees of the Department of Defense who

are residents of Guam, the Virgin Islands, or the Commonwealth of

Puerto Rico at the time of their employment by the Department of

Defense in the same manner as if the references in such subsections

to the United States (when used in a geographical sense) were

references to Guam, the Virgin Islands, or the Commonwealth of

Puerto Rico, as the case may be.

-SOURCE-

(Added Pub. L. 86-585, Sec. 1, July 5, 1960, 74 Stat. 325; amended

Pub. L. 89-718, Sec. 15, Nov. 2, 1966, 80 Stat. 1117; Pub. L.

90-83, Sec. 3(3), Sept. 11, 1967, 81 Stat. 220; Pub. L. 96-513,

title V, Sec. 511(61), Dec. 12, 1980, 94 Stat. 2925; Pub. L.

96-600, Sec. 1, Dec. 24, 1980, 94 Stat. 3493; Pub. L. 97-295, Sec.

1(20)(A), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 98-525, title XIV,

Sec. 1405(29), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 101-189, div.

A, title XVI, Sec. 1622(e)(4), Nov. 29, 1989, 103 Stat. 1605.)

-MISC1-

AMENDMENTS

1989 - Subsec. (g). Pub. L. 101-189, in introductory provisions,

substituted ''In this section:'' for ''For the purposes of this

section - '', in par. (1), inserted ''The term'' before ''

'rotation' '' and substituted the period for ''; and'', and in par.

(2), inserted ''The term'' before '' 'grade' ''.

1984 - Subsec. (b). Pub. L. 98-525, Sec. 1405(29)(A)(iii), in

provisions following par. (3) struck out ''of this subsection''

after ''paragraphs (2) and (3)''.

Subsec. (b)(3). Pub. L. 98-525, Sec. 1405(29)(A)(i), (ii),

substituted ''30'' for ''thirty'' and struck out ''of this

section'' after ''subsection (c)''.

Subsec. (c). Pub. L. 98-525, Sec. 1405(29)(B)(i), in provisions

preceding par. (1) substituted ''30'' for ''thirty''.

Subsec. (c)(3). Pub. L. 98-525, Sec. 1405(29)(B)(ii), (iv),

substituted ''90 days'' for ''ninety days'' and struck out ''of

this subsection'' after ''paragraph (2)''.

Subsec. (c)(4). Pub. L. 98-525, Sec. 1405(29)(B)(ii), (iv),

substituted ''90 days'' for ''ninety days'' and struck out ''of

this subsection'' after ''paragraph (3)''.

Subsec. (c)(5). Pub. L. 98-525, Sec. 1405(29)(B)(iii)-(v),

substituted ''90-day'' for ''ninety-day'', struck out ''of this

subsection'' after ''paragraphs (3) and (4)'', and struck out

''such'' before ''paragraph (4)''.

Subsec. (c)(6). Pub. L. 98-525, Sec. 1405(29)(B)(vi), struck out

''of this subsection'' after ''paragraph (1)'' and ''of this

subsection,'' after ''as applicable,''.

Subsec. (d). Pub. L. 98-525, Sec. 1405(29)(C), struck out ''of

this section'' after ''subsection (c)''.

Subsec. (e)(1). Pub. L. 98-525, Sec. 1405(29)(C), struck out ''of

this section'' after ''subsection (c)(1)''.

Subsec. (e)(2). Pub. L. 98-525, Sec. 1405(29)(D), struck out ''of

this subsection'' after ''paragraph (1)''.

Subsec. (g)(1). Pub. L. 98-525, Sec. 1405(29)(C), struck out ''of

this section'' after ''subsection (b)''.

1982 - Subsecs. (d), (e)(1). Pub. L. 97-295 substituted ''pay''

for ''compensation'' wherever appearing.

1980 - Subsecs. (c)(5), (e)(2). Pub. L. 96-513 substituted

''Office of Personnel Management'' for ''United States Civil

Service Commission''.

Subsec. (h). Pub. L. 96-600 added subsec. (h).

1967 - Subsec. (g)(2). Pub. L. 90-83 substituted ''General

Schedule as prescribed in section 5104 of title 5'' for

''compensation schedule for the General Schedule of the

Classification Act of 1949, as amended,''.

1966 - Pub. L. 89-718 substituted ''sections 3501-3503 of title

5'' for ''section 12 of the Act of June 27, 1944 (5 U.S.C. 861)''

wherever appearing.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-EXEC-

EX. ORD. NO. 10895. DUTY IN ALASKA OR HAWAII

Ex. Ord. No. 10895, Nov. 25, 1960, 25 F.R. 12165, provided:

By virtue of the authority vested in me by section 1586(f) of

title 10 of the United States Code, and as President of the United

States, and having determined that such action is necessary in the

national interest, it is ordered as follows:

Section 1. Assignment of an employee to duty in the State of

Alaska or Hawaii under regulations prescribed pursuant to section

1586 of title 10 of the United States Code shall be held and

considered for the purposes of that section, to be an assignment to

duty outside the United States.

Sec. 2. The Secretary of Defense shall from time to time, and at

least annually, consider the need for continuing this order in

effect, and he shall recommend the revocation thereof at such time

as he may deem such action advisable. Dwight D. Eisenhower.

-CITE-

10 USC Sec. 1587 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1587. Employees of nonappropriated fund instrumentalities:

reprisals

-STATUTE-

(a) In this section:

(1) The term ''nonappropriated fund instrumentality employee''

means a civilian employee who is paid from nonappropriated funds

of Army and Air Force Exchange Service, Navy Exchange Service

Command, Marine Corps exchanges, or any other instrumentality of

the United States under the jurisdiction of the armed forces

which is conducted for the comfort, pleasure, contentment, or

physical or mental improvement of members of the armed forces.

Such term includes a civilian employee of a support organization

within the Department of Defense or a military department, such

as the Defense Finance and Accounting Service, who is paid from

nonappropriated funds on account of the nature of the employee's

duties.

(2) The term ''civilian employee'' has the meaning given the

term ''employee'' by section 2105(a) of title 5.

(3) The term ''personnel action'', with respect to a

nonappropriated fund instrumentality employee (or an applicant

for a position as such an employee), means -

(A) an appointment;

(B) a promotion;

(C) a disciplinary or corrective action;

(D) a detail, transfer, or reassignment;

(E) a reinstatement, restoration, or reemployment;

(F) a decision concerning pay, benefits, or awards, or

concerning education or training if the education or training

may reasonably be expected to lead to an appointment,

promotion, or other action described in this paragraph; and

(G) any other significant change in duties or

responsibilities that is inconsistent with the employee's

salary or grade level.

(b) Any civilian employee or member of the armed forces who has

authority to take, direct others to take, recommend, or approve any

personnel action shall not, with respect to such authority, take or

fail to take a personnel action with respect to any nonappropriated

fund instrumentality employee (or any applicant for a position as

such an employee) as a reprisal for -

(1) a disclosure of information by such an employee or

applicant which the employee or applicant reasonably believes

evidences -

(A) a violation of any law, rule, or regulation; or

(B) mismanagement, a gross waste of funds, an abuse of

authority, or a substantial and specific danger to public

health or safety;

if such disclosure is not specifically prohibited by law and if

the information is not specifically required by or pursuant to

executive order to be kept secret in the interest of national

defense or the conduct of foreign affairs; or

(2) a disclosure by such an employee or applicant to any

civilian employee or member of the armed forces designated by law

or by the Secretary of Defense to receive disclosures described

in clause (1), of information which the employee or applicant

reasonably believes evidences -

(A) a violation of any law, rule, or regulation; or

(B) mismanagement, a gross waste of funds, an abuse of

authority, or a substantial and specific danger to public

health or safety.

(c) This section does not apply to an employee in a position

excluded from the coverage of this section by the President based

upon a determination by the President that the exclusion is

necessary and warranted by conditions of good administration.

(d) The Secretary of Defense shall be responsible for the

prevention of actions prohibited by subsection (b) and for the

correction of any such actions that are taken. The authority of

the Secretary to correct such actions may not be delegated to the

Secretary of a military department or to the Assistant Secretary of

Defense for Manpower and Logistics.

(e) The Secretary of Defense, after consultation with the

Director of the Office of Personnel Management and the Special

Counsel of the Merit Systems Protection Board, shall prescribe

regulations to carry out this section. Such regulations shall

include provisions to protect the confidentiality of employees and

applicants making disclosures described in clauses (1) and (2) of

subsection (b) and to permit the reporting of alleged violations of

subsection (b) directly to the Inspector General of the Department

of Defense.

-SOURCE-

(Added Pub. L. 98-94, title XII, Sec. 1253(a)(1), Sept. 24, 1983,

97 Stat. 699; amended Pub. L. 100-26, Sec. 7(k)(2), Apr. 21, 1987,

101 Stat. 284; Pub. L. 104-106, div. A, title IX, Sec. 903(f)(3),

title X, Sec. 1040(a)-(d)(1), Feb. 10, 1996, 110 Stat. 402, 433;

Pub. L. 104-201, div. A, title IX, Sec. 901, Sept. 23, 1996, 110

Stat. 2617.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106, Sec. 1040(d)(1), inserted '': reprisals''

after ''instrumentalities'' in section catchline.

Subsec. (a)(1). Pub. L. 104-106, Sec. 1040(c), substituted ''Navy

Exchange Service Command'' for ''Navy Resale and Services Support

Office''.

Pub. L. 104-106, Sec. 1040(a), inserted at end ''Such term

includes a civilian employee of a support organization within the

Department of Defense or a military department, such as the Defense

Finance and Accounting Service, who is paid from nonappropriated

funds on account of the nature of the employee's duties.''

Subsec. (d). Pub. L. 104-106, Sec. 903(a), (f)(3), which directed

amendment of subsec. (d), eff. Jan. 31, 1997, by substituting

''official in the Department of Defense with principal

responsibility for personnel and readiness'' for ''Assistant

Secretary of Defense for Manpower and Logistics'', was repealed by

Pub. L. 104-201.

Subsec. (e). Pub. L. 104-106, Sec. 1040(b), inserted before

period at end of second sentence ''and to permit the reporting of

alleged violations of subsection (b) directly to the Inspector

General of the Department of Defense''.

1987 - Subsec. (a). Pub. L. 100-26 inserted ''The term'' after

each par. designation and struck out uppercase letter of first word

after first quotation marks in each par. and substituted lowercase

letter.

EFFECTIVE DATE

Section 1253(b) of Pub. L. 98-94 provided that: ''Section 1587 of

such title (this section), as added by subsection (a), shall apply

with respect to any conduct prohibited by subsection (b) of such

section which occurs after the date of the enactment of this Act

(Sept. 24, 1983).''

LIMITATION ON PROVISION OF OVERSEAS LIVING QUARTERS ALLOWANCES FOR

NONAPPROPRIATED FUND INSTRUMENTALITY EMPLOYEES

Section 1042 of Pub. L. 104-106 provided that:

''(a) Conforming Allowance to Allowances for Other Civilian

Employees. - Subject to subsection (b), an overseas living quarters

allowance paid from nonappropriated funds and provided to a

nonappropriated fund instrumentality employee after the date of the

enactment of this Act (Feb. 10, 1996) may not exceed the amount of

a quarters allowance provided under subchapter III of chapter 59 of

title 5 to a similarly situated civilian employee of the Department

of Defense paid from appropriated funds.

''(b) Application to Certain Current Employees. - In the case of

a nonappropriated fund instrumentality employee who, as of the date

of the enactment of this Act (Feb. 10, 1996), receives an overseas

living quarters allowance under any other authority, subsection (a)

shall apply to such employee only after the earlier of -

''(1) September 30, 1997; or

''(2) the date on which the employee otherwise ceases to be

eligible for such an allowance under such other authority.

''(c) Nonappropriated Fund Instrumentality Employee Defined. -

For purposes of this section, the term 'nonappropriated fund

instrumentality employee' has the meaning given such term in

section 1587(a)(1) of title 10, United States Code.''

UNIFORM HEALTH BENEFITS PROGRAM FOR EMPLOYEES OF DEPARTMENT OF

DEFENSE ASSIGNED TO NONAPPROPRIATED FUND INSTRUMENTALITIES

Pub. L. 103-337, div. A, title III, Sec. 349, Oct. 5, 1994, 108

Stat. 2727, provided that:

''(a) In General. - Not later than October 1, 1995, the Secretary

of Defense shall take such steps as may be necessary to provide a

uniform health benefits program for employees of the Department of

Defense assigned to a nonappropriated fund instrumentality of the

Department.

''(b) Progress Report. - Not later than March 15, 1995, the

Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and House of Representatives a report on the

progress made by the Secretary in implementing subsection (a).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1580 of this title.

-CITE-

10 USC Sec. 1588 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1588. Authority to accept certain voluntary services

-STATUTE-

(a) Authority To Accept Services. - Subject to subsection (b) and

notwithstanding section 1342 of title 31, the Secretary concerned

may accept from any person the following services:

(1) Voluntary medical services, dental services, nursing

services, or other health-care related services.

(2) Voluntary services to be provided for a museum or a natural

resources program.

(3) Voluntary services to be provided for programs providing

services to members of the armed forces and the families of such

members, including the following programs:

(A) Family support programs.

(B) Child development and youth services programs.

(C) Library and education programs.

(D) Religious programs.

(E) Housing referral programs.

(F) Programs providing employment assistance to spouses of

such members.

(G) Morale, welfare, and recreation programs, to the extent

not covered by another subparagraph of this paragraph.

(4) Voluntary services as a member of a funeral honors detail

under section 1491 of this title.

(5) Legal services voluntarily provided as legal assistance

under section 1044 of this title.

(6) Voluntary services as a proctor for administration to

secondary school students of the test known as the ''Armed

Services Vocational Aptitude Battery''.

(7) Voluntary translation or interpretation services offered

with respect to a foreign language by a person (A) who is

registered for such foreign language on the National Foreign

Language Skills Registry under section 1596b of this title, or

(B) who otherwise is approved to provide voluntary translation or

interpretation services for national security purposes, as

determined by the Secretary of Defense.

(b) Requirements and Limitations. - (1) The Secretary concerned

shall notify the person of the scope of the services accepted.

(2) With respect to a person providing voluntary services

accepted under subsection (a), the Secretary concerned shall -

(A) supervise the person to the same extent as the Secretary

would supervise a compensated employee providing similar

services; and

(B) ensure that the person is licensed, privileged, has

appropriate credentials, or is otherwise qualified under

applicable law or regulations to provide such services.

(3) With respect to a person providing voluntary services

accepted under subsection (a), the Secretary concerned may not -

(A) place the person in a policy-making position; or

(B) except as provided in subsection (e), compensate the person

for the provision of such services.

(c) Authority To Recruit and Train Persons Providing Services. -

The Secretary concerned may recruit and train persons to provide

voluntary services accepted under subsection (a).

(d) Status of Persons Providing Services. - (1) Subject to

paragraph (3), while providing voluntary services accepted under

subsection (a) or receiving training under subsection (c), a

person, other than a person referred to in paragraph (2), shall be

considered to be an employee of the Federal Government only for

purposes of the following provisions of law:

(A) Subchapter I of chapter 81 of title 5 (relating to

compensation for work-related injuries).

(B) Section 2733 of this title and chapter 171 of title 28

(relating to claims for damages or loss).

(C) Section 552a of title 5 (relating to maintenance of records

on individuals).

(D) Chapter 11 of title 18 (relating to conflicts of interest).

(E) Section 1054 of this title (relating to legal malpractice),

for a person voluntarily providing legal services accepted under

subsection (a)(5), as if the person were providing the services

as an attorney of a legal staff within the Department of Defense.

(2) Subject to paragraph (3), while providing a nonappropriated

fund instrumentality of the United States with voluntary services

accepted under subsection (a), or receiving training under

subsection (c) to provide such an instrumentality with services

accepted under subsection (a), a person shall be considered an

employee of that instrumentality only for the following purposes:

(A) Subchapter II of chapter 81 of title 5 (relating to

compensation of nonappropriated fund employees for work-related

injuries).

(B) Section 2733 of this title and chapter 171 of title 28

(relating to claims for damages or loss).

(3) A person providing voluntary services accepted under

subsection (a) shall be considered to be an employee of the Federal

Government under paragraph (1) or (2) only with respect to services

that are within the scope of the services so accepted.

(4) For purposes of determining the compensation for work-related

injuries payable under chapter 81 of title 5 (pursuant to this

subsection) to a person providing voluntary services accepted under

subsection (a), the monthly pay of the person for such services

shall be deemed to be the amount determined by multiplying -

(A) the average monthly number of hours that the person

provided the services, by

(B) the minimum wage determined in accordance with section

6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.

206(a)(1)).

(e) Reimbursement of Incidental Expenses. - The Secretary

concerned may provide for reimbursement of a person for incidental

expenses incurred by the person in providing voluntary services

accepted under subsection (a). The Secretary shall determine which

expenses are eligible for reimbursement under this subsection. Any

such reimbursement may be made from appropriated or nonappropriated

funds.

(f) Authority To Install Equipment. - (1) The Secretary concerned

may install telephone lines and any necessary telecommunication

equipment in the private residences of persons, designated in

accordance with the regulations prescribed under paragraph (4), who

provide voluntary services accepted under subsection (a)(3).

(2) In the case of equipment installed under the authority of

paragraph (1), the Secretary concerned may pay the charges incurred

for the use of the equipment for authorized purposes.

(3) To carry out this subsection, the Secretary concerned may use

appropriated funds (notwithstanding section 1348 of title 31) or

nonappropriated funds of the military department under the

jurisdiction of the Secretary or, with respect to the Coast Guard,

the department in which the Coast Guard is operating.

(4) The Secretary of Defense and, with respect to the Coast Guard

when it is not operating as a service in the Navy, the Secretary of

Homeland Security shall prescribe regulations to carry out this

subsection.

-SOURCE-

(Added Pub. L. 98-94, title XII, Sec. 1266(a), Sept. 24, 1983, 97

Stat. 704; amended Pub. L. 99-145, title XVI, Sec. 1624(a), Nov. 8,

1985, 99 Stat. 778; Pub. L. 99-661, div. A, title XIII, Sec. 1355,

Nov. 14, 1986, 100 Stat. 3996; Pub. L. 100-26, Sec. 3(9), Apr. 21,

1987, 101 Stat. 274; Pub. L. 101-189, div. A, title XVI, Sec.

1634, Nov. 29, 1989, 103 Stat. 1608; Pub. L. 102-190, div. A,

title III, Sec. 345, Dec. 5, 1991, 105 Stat. 1346; Pub. L. 103-337,

div. A, title X, Sec. 1061(a), Oct. 5, 1994, 108 Stat. 2845; Pub.

L. 104-201, div. A, title X, Sec. 1074(a)(8), Sept. 23, 1996, 110

Stat. 2659; Pub. L. 106-65, div. A, title III, Sec. 371(a), title

V, Sec. 578(f), Oct. 5, 1999, 113 Stat. 579, 627; Pub. L. 107-107,

div. A, title V, Sec. 583, Dec. 28, 2001, 115 Stat. 1125; Pub. L.

107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat.

2314; Pub. L. 107-314, div. A, title V, Sec. 553, title X, Sec.

1064(b), Dec. 2, 2002, 116 Stat. 2552, 2654.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(6). Pub. L. 107-314, Sec. 553, added par. (6).

Subsec. (a)(7). Pub. L. 107-314, Sec. 1064(b), added par. (7).

Subsec. (f)(4). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

2001 - Subsec. (a)(5). Pub. L. 107-107, Sec. 583(a), added par.

(5).

Subsec. (d)(1)(E). Pub. L. 107-107, Sec. 583(b), added subpar.

(E).

1999 - Subsec. (a)(4). Pub. L. 106-65, Sec. 578(f), added par.

(4).

Subsec. (f). Pub. L. 106-65, Sec. 371(a), added subsec. (f).

1996 - Subsec. (d)(1)(C). Pub. L. 104-201 substituted ''Section

552a'' for ''Section 522a''.

1994 - Pub. L. 103-337 amended section generally, substituting

subsecs. (a) to (e) for former subsecs. (a) to (c) which related to

acceptance by Secretary concerned of voluntary services, status of

persons providing voluntary services, and reimbursement of expenses

incurred by such persons.

1991 - Subsec. (c). Pub. L. 102-190 substituted ''may be made

from appropriated or nonappropriated funds'' for ''may only be made

from nonappropriated funds''.

1989 - Subsec. (a). Pub. L. 101-189 substituted ''a museum, a

natural resources program, or'' for ''a museum or''.

1987 - Subsec. (c). Pub. L. 100-26 made technical amendment to

directory language of Pub. L. 99-661. See 1986 Amendment note

below.

1986 - Subsec. (c). Pub. L. 99-661, as amended by Pub. L. 100-26,

added subsec. (c).

1985 - Subsec. (a). Pub. L. 99-145 substituted ''Secretary

concerned'' and ''operated by the military department concerned or

the Coast Guard, as appropriate'' for ''Secretary of a military

department'' and ''operated by that military department'',

respectively.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-26 applicable as if included in Pub. L.

99-661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L.

100-26, set out as a note under section 776 of this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 1624(b) of Pub. L. 99-145 provided that: ''The amendments

made by this section (amending this section) shall take effect on

October 1, 1985.''

REPORT ON IMPLEMENTATION OF AUTHORITY TO INSTALL TELECOMMUNICATIONS

EQUIPMENT FOR PERSONS PERFORMING VOLUNTARY SERVICES

Pub. L. 106-65, div. A, title III, Sec. 371(b), Oct. 5, 1999,

113 Stat. 579, provided that: ''Not later than two years after

final regulations prescribed under subsection (f)(4) of section

1588 of title 10, United States Code, as added by subsection (a),

take effect, the Comptroller General shall review the exercise of

authority under such subsection (f) and submit to Congress a report

on the findings resulting from the review.''

ACCEPTANCE OF VOLUNTARY SERVICES PILOT PROGRAM

Section 1061(b) of Pub. L. 103-337 provided that:

''(1) The Secretary of Defense shall conduct a pilot program, for

not less than six months, to accept voluntary services under the

authority provided in section 1588 of title 10, United States Code,

as amended by subsection (a). The purpose of the pilot program

shall be to evaluate the policies and procedures of the Department

of Defense for the acceptance of voluntary services under such

section. The pilot program shall involve a variety of services,

programs, and locations.

''(2) The Secretary may not accept voluntary services under

section 1588 of title 10, United States Code (other than services

that may have been accepted under such section before the date of

the enactment of this Act (Oct. 5, 1994)), and may not issue

regulations to implement the amendment to such section made by

subsection (a), until after the termination of the pilot program.

''(3) Not later than 60 days after the termination of the pilot

program, the Secretary shall submit to the Committees on Armed

Services of the Senate and House of Representatives a report on the

results of the pilot program.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 8171.

-CITE-

10 USC Sec. 1589 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1589. Participation in management of specified non-Federal

entities: authorized activities

-STATUTE-

(a) Authorization. - (1) The Secretary concerned may authorize an

employee described in paragraph (2) to serve without compensation

as a director, officer, or trustee, or to otherwise participate, in

the management of an entity designated under subsection (b). Any

such authorization shall be made on a case-by-case basis, for a

particular employee to participate in a specific capacity with a

specific designated entity. Such authorization may be made only

for the purpose of providing oversight and advice to, and

coordination with, the designated entity, and participation of the

employee in the activities of the designated entity may not extend

to participation in the day-to-day operations of the entity.

(2) Paragraph (1) applies to any employee of the Department of

Defense or, in the case of the Coast Guard when not operating as a

service in the Navy, of the Department of Homeland Security. For

purposes of this section, the term ''employee'' includes a civilian

officer.

(b) Designated Entities. - The Secretary of Defense, and the

Secretary of Homeland Security in the case of the Coast Guard when

it is not operating as a service in the Navy, shall designate those

entities for which authorization under subsection (a) may be

provided. The list of entities so designated may not be revised

more frequently than semiannually. In making such designations,

the Secretary shall designate each military welfare society named

in paragraph (2) of section 1033(b) of this title and may designate

any other entity described in paragraph (3) of such section. No

other entities may be designated.

(c) Publication of Designated Entities and of Authorized Persons.

- A designation of an entity under subsection (b), and an

authorization under subsection (a) of an employee to participate in

the management of such an entity, shall be published in the Federal

Register.

(d) Civilians Outside the Military Departments. - In this

section, the term ''Secretary concerned'' includes the Secretary of

Defense with respect to employees of the Department of Defense who

are not employees of a military department.

(e) Regulations. - The Secretary of Defense, and the Secretary of

Homeland Security in the case of the Coast Guard when it is not

operating as a service in the Navy, shall prescribe regulations to

carry out this section.

-SOURCE-

(Added Pub. L. 105-85, div. A, title V, Sec. 593(b)(1), Nov. 18,

1997, 111 Stat. 1763; amended Pub. L. 107-296, title XVII, Sec.

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

PRIOR PROVISIONS

A prior section 1589, added Pub. L. 98-525, title XIV, Sec.

1401(f)(1), Oct. 19, 1984, 98 Stat. 2618, provided, with

exceptions, for prohibition on payment of lodging expenses when

adequate Government quarters were available, prior to repeal by

Pub. L. 104-201, div. A, title XVI, Sec. 1614(b)(1), Sept. 23,

1996, 110 Stat. 2739.

AMENDMENTS

2002 - Subsecs. (a)(2), (b), (e). Pub. L. 107-296 substituted

''of Homeland Security'' for ''of Transportation''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 1590 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

(Sec. 1590. Repealed. Pub. L. 104-201, div. A, title XVI, Sec.

1633(a), Sept. 23, 1996, 110 Stat. 2751)

-MISC1-

Section, added Pub. L. 99-569, title V, Sec. 504(a), Oct. 27,

1986, 100 Stat. 3198; amended Pub. L. 100-178, title VI, Sec.

602(b), Dec. 2, 1987, 101 Stat. 1016; Pub. L. 101-193, title V,

Sec. 503(a), Nov. 30, 1989, 103 Stat. 1708; Pub. L. 102-496, title

IV, Sec. 402(a), Oct. 24, 1992, 106 Stat. 3184; Pub. L. 103-35,

title II, Sec. 201(g)(2), May 31, 1993, 107 Stat. 100, related to

management of civilian intelligence personnel of the military

departments. See sections 1601 to 1603, 1606, and 1609 of this

title.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1996, see section 1635 of Pub. L.

104-201, set out as an Effective Date of 1996 Amendment note under

section 1593 of this title.

-CITE-

10 USC Sec. 1591 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1591. Reimbursement for travel and transportation expenses

when accompanying Members of Congress

-STATUTE-

(a) Subject to subsection (b), the Secretary concerned may

authorize reimbursement to a civilian employee who is accompanying

a Member of Congress or a congressional employee on official travel

for actual travel and transportation expenses incurred for such

travel.

(b) The allowance provided in subsection (a) may be paid -

(1) at a rate that does not exceed the rate approved for

official congressional travel; and

(2) only when the travel of the member is directed or approved

by the Secretary concerned.

(c) In this section:

(1) The term ''Member of Congress'' means a member of the

Senate or the House of Representatives, a Delegate to the House

of Representatives, and the Resident Commissioner from Puerto

Rico.

(2) The term ''congressional employee'' means an employee of a

Member of Congress or an employee of Congress.

(3) The term ''Secretary concerned'' includes the Secretary of

Defense with respect to civilian employees of the Department of

Defense other than a military department.

-SOURCE-

(Added Pub. L. 100-180, div. A, title VI, Sec. 617(b)(1), Dec. 4,

1987, 101 Stat. 1097.)

-MISC1-

EFFECTIVE DATE

Section 617(c) of Pub. L. 100-180 provided that: ''Subsection (h)

of section 404 of title 37, United States Code (as added by

subsection (a)), and section 1591 of title 10, United States Code

(as added by subsection (b)), shall apply with respect to travel

performed after the date of the enactment of this Act (Dec. 4,

1987).''

-CITE-

10 USC Sec. 1592 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1592. Prohibition on payment of severance pay to foreign

nationals in the event of certain overseas base closures

-STATUTE-

Funds available to the Department of Defense (including funds in

the Foreign National Employees Separation Pay Account, Defense,

established under section 1581 of this title) may not be used to

pay severance pay to a foreign national employed by the Department

of Defense under a contract, a treaty, or a memorandum of

understanding with a foreign nation that provides for payment of

separation pay if the termination of the employment of the foreign

national is the result of the closing of, or the curtailment of

activities at, a United States military facility in that country at

the request of the government of that country.

-SOURCE-

(Added Pub. L. 101-189, div. A, title III, Sec. 311(b)(1), Nov.

29, 1989, 103 Stat. 1411; amended Pub. L. 102-190, div. A, title

X, Sec. 1003(b), Dec. 5, 1991, 105 Stat. 1456; Pub. L. 102-484,

div. A, title X, Sec. 1052(21), Oct. 23, 1992, 106 Stat. 2500.)

-COD-

CODIFICATION

Another section 1592 was renumbered section 1596 of this title.

-MISC3-

AMENDMENTS

1992 - Pub. L. 102-484 inserted ''section'' after ''established

under''.

1991 - Pub. L. 102-190 inserted ''(including funds in the Foreign

National Employees Separation Pay Account, Defense, established

under 1581 of this title)'' and substituted ''a contract, a treaty,

or a memorandum of understanding with a foreign nation that

provides for payment of separation pay'' for ''a contract performed

in a foreign country''.

EFFECTIVE DATE

Section 311(b)(3) of Pub. L. 101-189, as amended by Pub. L.

102-484, div. A, title XIII, Sec. 1352(a), Oct. 23, 1992, 106

Stat. 2558, provided that:

''(A) Section 1592 of title 10, United States Code, as added by

paragraph (1), shall take effect on the date of the enactment of

this Act (Nov. 29, 1989).

''((B) Repealed. Pub. L. 102-484, div. A, title XIII, Sec.

1352(a), Oct. 23, 1992, 106 Stat. 2558.)''

PROHIBITION ON PAYMENT OF SEVERANCE PAY TO CERTAIN FOREIGN

NATIONALS IN THE PHILIPPINES

Section 1351 of Pub. L. 102-484 provided that:

''(a) Prohibition. - Funds available to the Department of Defense

may not be used to pay severance pay to a foreign national employed

by the Department of Defense in the Republic of the Philippines if

the discontinuation of the employment of the foreign national is

the result of the termination of basing rights of the United States

military in the Republic of the Philippines.

''(b) Prohibition on Allowance of Certain Severance Pay as

Contract Costs. - Funds available to the Department of Defense may

not be used to pay the costs of severance pay paid by a contractor

to a foreign national employed by the contractor under a defense

service contract in the Philippines if the discontinuation of the

employment of the foreign national is the result of the termination

of basing rights of the United States military in the

Philippines.''

-CITE-

10 USC Sec. 1593 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1593. Uniform allowance: civilian employees

-STATUTE-

(a) Allowance Authorized. - (1) The Secretary of Defense may pay

an allowance to each civilian employee of the Department of Defense

who is required by law or regulation to wear a prescribed uniform

in the performance of official duties.

(2) In lieu of providing an allowance under paragraph (1), the

Secretary may provide a uniform to a civilian employee referred to

in such paragraph.

(3) This subsection shall not apply with respect to a civilian

employee of the Defense Intelligence Agency who is entitled to an

allowance under section 1622 of this title.

(b) Amount of Allowance. - Notwithstanding section 5901(a) of

title 5, the amount of an allowance paid, and the cost of uniforms

provided, under subsection (a) to a civilian employee may not

exceed $400 per year.

(c) Treatment of Allowance. - An allowance paid, or uniform

provided, under subsection (a) shall be treated in the same manner

as is provided in section 5901(c) of title 5 for an allowance paid

under that section.

(d) Use of Appropriated Funds for Allowance. - Amounts

appropriated annually to the Department of Defense for the pay of

civilian employees may be used for uniforms, or for allowance for

uniforms, as authorized by this section and section 5901 of title

5.

-SOURCE-

(Added Pub. L. 101-189, div. A, title III, Sec. 336(a)(1), Nov.

29, 1989, 103 Stat. 1419; amended Pub. L. 101-510, div. A, title

XIV, Sec. 1481(d)(3), Nov. 5, 1990, 104 Stat. 1706; Pub. L.

104-201, div. A, title XVI, Sec. 1633(e)(1), Sept. 23, 1996, 110

Stat. 2752.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsec. (d) of this section were

contained in Pub. L. 101-165, title IX, Sec. 9010, Nov. 21, 1989,

103 Stat. 1131, which was set out as a note below, prior to repeal

by Pub. L. 101-510, Sec. 1481(d)(4)(B).

AMENDMENTS

1996 - Subsec. (a)(3). Pub. L. 104-201 substituted ''section

1622'' for ''section 1606''.

1990 - Subsec. (d). Pub. L. 101-510 added subsec. (d).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1635 of Pub. L. 104-201 provided that: ''This subtitle

(subtitle B (Sec. 1631-1635) of title XVI of div. A of Pub. L.

104-201, enacting sections 1601 to 1603, 1606 to 1610, and 1612 to

1614 of this title, amending this section, sections 1596, 1605,

1611, and 1621 of this title, and sections 7103 and 7511 of Title

5, Government Organization and Employees, renumbering sections

1599, 1602, 1606, and 1608 of this title as sections 1611, 1621,

1622, and 1623 of this title, respectively, repealing sections

1590, 1601, 1603, and 1604 of this title and section 833 of Title

50, War and National Defense, enacting provisions set out as a note

under section 1601 of this title, and repealing provisions set out

as a note under section 402 of Title 50) and the amendments made by

this subtitle shall take effect on October 1, 1996.''

EFFECTIVE DATE

Section 336(c) of Pub. L. 101-189 provided that: ''The amendments

made by this section (enacting this section and amending section

1606 of this title) shall take effect on January 1, 1990.''

AVAILABILITY OF FUNDS FOR PAY OF CIVILIAN EMPLOYEES FOR UNIFORMS

Pub. L. 101-165, title IX, Sec. 9010, Nov. 21, 1989, 103 Stat.

1131, which made appropriations available to Department of Defense

for pay of civilian employees for uniforms, or allowances therefor,

as authorized by section 5901 of title 5, was repealed and restated

in subsec. (d) of this section by Pub. L. 101-510, Sec. 1481(d)(3),

(4)(B).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1622 of this title; title

37 sections 417, 418.

-CITE-

10 USC Sec. 1594 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1594. Reimbursement for financial institution charges incurred

because of Government error in direct deposit of pay

-STATUTE-

(a)(1) A civilian officer or employee of the Department of

Defense who, in accordance with law or regulation, participates in

a program for the automatic deposit of pay to a financial

institution may be reimbursed for a covered late-deposit charge.

(2) A covered late-deposit charge for purposes of paragraph (1)

is a charge (including an overdraft charge or a minimum balance

charge) that is levied by a financial institution and that results

from an administrative or mechanical error on the part of the

Government that causes the pay of the officer or employee concerned

to be deposited late or in an incorrect manner or amount.

(b) Reimbursements under this section shall be made from

appropriations available for the pay of the officer or employee

concerned.

(c) The Secretaries concerned shall prescribe regulations to

carry out this section, including regulations for the manner in

which reimbursement under this section is to be made.

(d) In this section:

(1) The term ''financial institution'' means a bank, savings

and loan association, or similar institution or a credit union

chartered by the United States or a State.

(2) The term ''pay'' includes allowances.

-SOURCE-

(Added Pub. L. 101-189, div. A, title VI, Sec. 664(b)(1), Nov. 29,

1989, 103 Stat. 1466; amended Pub. L. 101-510, div. A, title XIV,

Sec. 1484(k)(6), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 102-25,

title VII, Sec. 701(e)(8)(A), Apr. 6, 1991, 105 Stat. 115; Pub. L.

105-261, div. A, title V, Sec. 564(b), Oct. 17, 1998, 112 Stat.

2029.)

-MISC1-

AMENDMENTS

1998 - Subsec. (d)(1). Pub. L. 105-261 amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''The

term 'financial institution' has the meaning given the term

'financial organization' in section 3332(a) of title 31.''

1991 - Pub. L. 102-25 struck out ''mandatory'' after ''error in''

in section catchline.

1990 - Subsec. (d). Pub. L. 101-510 substituted ''In this

section'' for ''in this section''.

EFFECTIVE DATE

Section applicable with respect to pay and allowances deposited

(or scheduled to be deposited) on or after first day of first month

beginning after Nov. 29, 1989, see section 664(c) of Pub. L.

101-189, set out as an Effective Date of 1989 Amendment note under

section 1053 of this title.

-CITE-

10 USC Sec. 1595 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1595. Civilian faculty members at certain Department of

Defense schools: employment and compensation

-STATUTE-

(a) Authority of Secretary. - The Secretary of Defense may employ

as many civilians as professors, instructors, and lecturers at the

institutions specified in subsection (c) as the Secretary considers

necessary.

(b) Compensation of Faculty Members. - The compensation of

persons employed under this section shall be as prescribed by the

Secretary.

(c) Covered Institutions. - This section applies with respect to

the following institutions of the Department of Defense:

(1) The National Defense University.

(2) The Foreign Language Center of the Defense Language

Institute.

(3) The George C. Marshall European Center for Security

Studies.

(4) The English Language Center of the Defense Language

Institute.

(5) The Asia-Pacific Center for Security Studies.

(d) Application to Faculty Members at NDU. - In the case of the

National Defense University, this section applies with respect to

persons selected by the Secretary for employment as professors,

instructors, and lecturers at the National Defense University after

February 27, 1990.

(e) Applicability to Director and Deputy Director at Certain

Institutions. - In addition to the persons specified in subsection

(a), this section also applies with respect to the Director and the

Deputy Director of the following:

(1) The George C. Marshall European Center for Security

Studies.

(2) The Asia-Pacific Center for Security Studies.

(3) The Center for Hemispheric Defense Studies.

-SOURCE-

(Added Pub. L. 101-189, div. A, title XI, Sec. 1124(a)(1), Nov.

29, 1989, 103 Stat. 1558; amended Pub. L. 102-25, title VII, Sec.

701(h)(1), Apr. 6, 1991, 105 Stat. 115; Pub. L. 102-190, div. A,

title IX, Sec. 911, Dec. 5, 1991, 105 Stat. 1452; Pub. L. 102-484,

div. A, title IX, Sec. 923(a)(1), (2)(A), Oct. 23, 1992, 106 Stat.

2474; Pub. L. 103-160, div. A, title IX, Sec. 923(a)(1), Nov. 30,

1993, 107 Stat. 1731; Pub. L. 104-201, div. A, title XVI, Sec.

1607, Sept. 23, 1996, 110 Stat. 2737; Pub. L. 105-85, div. A,

title IX, Sec. 921(c), 922(b), Nov. 18, 1997, 111 Stat. 1863.)

-MISC1-

AMENDMENTS

1997 - Subsec. (d). Pub. L. 105-85, Sec. 921(c), struck out

''(1)'' before ''In the case of'' and struck out par. (2) which

read as follows: ''For purposes of this section, the National

Defense University includes the National War College, the Armed

Forces Staff College, the Institute for National Strategic Study,

and the Industrial College of the Armed Forces.''

Subsecs. (e), (f). Pub. L. 105-85, Sec. 922(b), added subsec. (e)

and struck out former subsecs. (e) and (f) which read as follows:

''(e) Application to Director and Deputy Director at George C.

Marshall Center. - In the case of the George C. Marshall European

Center for Security Studies, this section also applies with respect

to the Director and the Deputy Director.

''(f) Application to Director and Deputy Director at Asia-Pacific

Center for Security Studies. - In the case of the Asia-Pacific

Center for Security Studies, this section also applies with respect

to the Director and the Deputy Director.''

1996 - Subsec. (c)(4), (5). Pub. L. 104-201, Sec. 1607(a), added

pars. (4) and (5).

Subsec. (f). Pub. L. 104-201, Sec. 1607(b), added subsec. (f).

1993 - Pub. L. 103-160 substituted ''Civilian faculty members at

certain Department of Defense schools: employment and

compensation'' for ''National Defense University: Foreign Language

Center of the Defense Language Institute: civilian faculty

members'' as section catchline and amended text generally,

substituting subsecs. (a) to (e) for former subsecs. (a) to (d)

relating to similar subject matter but not including coverage of

the George C. Marshall European Center for Security Studies.

1992 - Pub. L. 102-484, Sec. 923(a)(2)(A), substituted

''University; Foreign Language Center of the Defense Language

Institute'' for ''University:'' in section catchline.

Subsec. (a). Pub. L. 102-484, Sec. 923(a)(1)(A), inserted ''and

the Foreign Language Center of the Defense Language Institute''

after ''National Defense University''.

Subsec. (c). Pub. L. 102-484, Sec. 923(a)(1)(B), substituted ''In

the case of the National Defense University, this section'' for

''This section''.

1991 - Subsec. (c). Pub. L. 102-25 substituted ''after February

27, 1990'' for ''after the end of the 90-day period beginning on

the date of the enactment of this section''.

Subsec. (d). Pub. L. 102-190 inserted ''the Institute for

National Strategic Study,'' after ''Staff College,''.

EFFECT OF 1992 AMENDMENTS ON CURRENT EMPLOYEES

Section 923(b) of Pub. L. 102-484 provided that: ''In the case of

a person who, on the day before the date of the enactment of this

Act (Oct. 23, 1992), is employed as a professor, instructor, or

lecturer at the Foreign Language Center of the Defense Language

Institute, the Secretary of Defense shall afford the person an

opportunity to elect to be paid under the compensation plan

authorized by section 1595(b) of title 10, United States Code, or

to continue to be paid under the General Schedule (with no

reduction in pay) under section 5332 of title 5, United States

Code.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5102.

-CITE-

10 USC Sec. 1596 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1596. Foreign language proficiency: special pay for

proficiency beneficial for intelligence interests

-STATUTE-

(a) The Secretary of Defense may pay special pay under this

section to a civilian officer or employee of the Department of

Defense who -

(1) has been certified as being proficient in a foreign

language identified by the Secretary of Defense as being a

language in which proficiency by civilian personnel of the

Department is important for the effective collection, production,

or dissemination of foreign intelligence information; and

(2) is serving in a position, or is subject to assignment to a

position, in which proficiency in that language facilitates

performance of officially assigned intelligence or

intelligence-related duties.

(b) The annual rate of special pay under subsection (a) shall be

determined by the Secretary of Defense.

(c) Special pay under this section may be paid in addition to any

compensation authorized under section 1602 of this title for which

an officer or employee is eligible.

-SOURCE-

(Added Pub. L. 101-193, title V, Sec. 501(a)(1), Nov. 30, 1989, 103

Stat. 1707, Sec. 1592; renumbered Sec. 1596, Pub. L. 101-510, div.

A, title XIV, Sec. 1484(a), Nov. 5, 1990, 104 Stat. 1715; amended

Pub. L. 104-201, div. A, title XVI, Sec. 1633(e)(2), Sept. 23,

1996, 110 Stat. 2752; Pub. L. 106-398, Sec. 1 ((div. A), title XI,

Sec. 1131(b)), Oct. 30, 2000, 114 Stat. 1654, 1654A-317.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-398 substituted ''Foreign language

proficiency: special pay for proficiency beneficial for

intelligence interests'' for ''Foreign language proficiency:

special pay'' as section catchline.

1996 - Subsec. (c). Pub. L. 104-201 substituted ''section 1602''

for ''section 1604(b)''.

1990 - Pub. L. 101-510 renumbered the second section 1592 of this

title as this section.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1635 of Pub. L. 104-201, set out as a note under section 1593 of

this title.

EFFECTIVE DATE

Section 501(b) of Pub. L. 101-193 provided that: ''Section 1592

(now 1596) of title 10, United States Code, as added by subsection

(a), shall take effect on the first day of the first pay period

beginning on or after the later of -

''(1) October 1, 1989, or

''(2) the date of the enactment of this Act (Nov. 30, 1989).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1596a of this title.

-CITE-

10 USC Sec. 1596a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1596a. Foreign language proficiency: special pay for

proficiency beneficial for other national security interests

-STATUTE-

(a) Authority. - The Secretary of Defense may pay special pay

under this section to an employee of the Department of Defense who

-

(1) has been certified by the Secretary to be proficient in a

foreign language identified by the Secretary as being a language

in which proficiency by civilian personnel of the Department is

necessary because of national security interests;

(2) is assigned duties requiring proficiency in that foreign

language during a contingency operation supported by the armed

forces; and

(3) is not receiving special pay under section 1596 of this

title.

(b) Rate. - The rate of special pay for an employee under this

section shall be prescribed by the Secretary, but may not exceed

five percent of the employee's rate of basic pay.

(c) Relationship to Other Pay and Allowances. - Special pay under

this section is in addition to any other pay or allowances to which

the employee is entitled.

(d) Regulations. - The Secretary of Defense shall prescribe

regulations to carry out this section.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title XI, Sec. 1131(a)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-317.)

-CITE-

10 USC Sec. 1596b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1596b. Foreign language proficiency: National Foreign Language

Skills Registry

-STATUTE-

(a) Establishment. - (1) The Secretary of Defense may establish

and maintain a registry of persons who -

(A) have proficiency in one or more critical foreign languages;

(B) are willing to provide linguistic services to the United

States in the interests of national security during war or a

national emergency; and

(C) meet the eligibility requirements of subsection (b).

(2) The registry shall be known as the ''National Foreign

Language Skills Registry'' (in this section referred to as the

''Registry'').

(b) Eligible Persons. - To be eligible for listing on the

Registry, a person -

(1) must be -

(A) a national of the United States (as defined in section

101(a)(22) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(22))); or

(B) an alien lawfully admitted for permanent residence (as

defined in section 101(a)(20) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(20)));

(2) shall express willingness, in a form and manner prescribed

by the Secretary -

(A) to provide linguistic services for a foreign language as

described in subsection (a); and

(B) to be listed on the Registry; and

(3) shall meet such language proficiency and other selection

criteria as may be prescribed by the Secretary.

(c) Registered Information. - The Registry shall consist of the

following:

(1) The names of eligible persons selected by the Secretary for

listing on the Registry.

(2) Such other information on such persons as the Secretary

determines pertinent to the use of such persons to provide

linguistic services as described in subsection (a).

(d) Protection of Privacy. - The Secretary may withhold from

public disclosure the information maintained in the Registry in

accordance with section 552a of title 5.

(e) Designation of Critical Foreign Languages. - The Secretary

shall designate those languages that are critical foreign languages

for the purposes of this section. The Secretary shall make such a

designation for any foreign language for which there is a shortage

of experts in translation or interpretation available to meet

requirements of the Secretary or of the head of any other

department or agency of the United States for translation or

interpretation in the national security interests of the United

States.

(f) Linguistic Services Defined. - In this section, the term

''linguistic services'' means translation or interpretation of

communication in a foreign language.

-SOURCE-

(Added Pub. L. 107-314, div. A, title X, Sec. 1064(a)(1), Dec. 2,

2002, 116 Stat. 2653.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1588 of this title.

-CITE-

10 USC Sec. 1597 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1597. Civilian positions: guidelines for reductions

-STATUTE-

(a) Requirement of Guidelines for Reductions in Civilian

Positions. - Reductions in the number of civilian positions of the

Department of Defense during a fiscal year, if any, shall be

carried out in accordance with the guidelines established pursuant

to subsection (b).

(b) Guidelines. - The Secretary of Defense shall establish

guidelines for the manner in which reductions in the number of

civilian positions of the Department of Defense are made. The

guidelines shall include procedures for reviewing civilian

positions for reductions according to the following order:

(1) Positions filled by foreign national employees overseas.

(2) All other positions filled by civilian employees overseas.

(3) Overhead, indirect, and administrative positions in

headquarters or field operating agencies in the United States.

(4) Direct operating or production positions in the United

States.

(c) Master Plan. - (1) The Secretary of Defense shall include in

the materials submitted to Congress in support of the budget

request for the Department of Defense for each fiscal year a

civilian positions master plan described in paragraph (2) for the

Department of Defense as a whole and for each military department,

Defense Agency, and other principal component of the Department of

Defense.

(2) The master plan referred to in paragraph (1) shall include

the information described in paragraph (3). Such information shall

include information for each of the two fiscal years immediately

preceding such fiscal year and projected information for such

fiscal year and each of the two fiscal years immediately following

such fiscal year.

(3) The information referred to in paragraph (2) is the

following:

(A) A profile of the levels of civilian positions sufficient to

establish and maintain a baseline for tracking annual accessions

and losses of civilian positions and to provide for the analysis

of trends in the levels of civilian positions within the

Department of Defense as a whole and for each military

department, major subordinate command of each military

department, Defense Agency, and other principal component of the

Department of Defense. The profile shall include information on

the following:

(i) The total number of civilian employees.

(ii) Of the total number of civilian employees, the number of

civilian employees in the United States, the number of civilian

employees overseas, and the number of foreign national

employees overseas.

(iii) Of the total number of civilian employees at the end of

each fiscal year covered by the master plan, the number of

full-time employees, the number of part-time employees, and the

number of temporary and on-call employees.

(iv) Accessions and losses of civilian positions, shown in

the aggregate and by the number of full-time employees, the

number of part-time employees, and the number of temporary and

on-call employees.

(v) The number of losses of civilian positions, by

appropriation account, due to reductions in force, furloughs,

or functional transfers or other significant transfers of work

away from the military department, Defense Agency, or other

component.

(vi) The extent to which accessions and losses of civilian

positions are due to functional transfers or competitive

actions that are related to the Department of Defense

management review initiatives of the Secretary of Defense.

(vii) The total number of individuals employed by contractors

and subcontractors of the Department of Defense under a

contract or subcontract entered into pursuant to Office of

Management and Budget Circular A-76 to perform commercial

activities for the Department of Defense, a military

department, a defense agency, or other component.

(B) For industrial-type and commercial-type activities funded

through the Defense Business Operations Fund, the following

information:

(i) Annual trends in the amount of funded workload for each

activity, based upon the average number of months of

accumulated, funded workload to be performed, or projected to

be performed, by the activity.

(ii) The extent to which such workload is funded by funds

that are appropriated from appropriation accounts and managed

through the Defense Business Operations Fund.

(C) Information that indicates trends in the extent to which

the military department, Defense Agency, or other component

enters into contracts with persons outside of the Department of

Defense, rather than uses civilian positions, to perform work for

the military department, Defense Agency, or other component.

(D) Information that indicates the extent to which the

Department of Defense management review initiatives of the

Secretary of Defense and other productivity enhancement programs

of the Department of Defense significantly affect the number of

losses of civilian positions, particularly administrative and

management positions.

(4) The Secretary of Defense shall include in the materials

referred to in paragraph (1) a report on the implementation of the

master plan for the fiscal year immediately preceding the fiscal

year for which such materials are submitted.

(d) Exceptions. - The Secretary of Defense may permit a variation

from the guidelines established under subsection (b) or a master

plan prepared under subsection (c) if the Secretary determines that

such variation is critical to the national security. The Secretary

shall immediately notify the Congress of any such variation and the

reasons for such variation.

(e) Involuntary Reductions of Civilian Positions. - The Secretary

of Defense may not implement any involuntary reduction or furlough

of civilian positions in a military department, Defense Agency, or

other component of the Department of Defense until the expiration

of the 45-day period beginning on the date on which the Secretary

submits to Congress a report setting forth the reasons why such

reductions or furloughs are required and a description of any

change in workload or positions requirements that will result from

such reductions or furloughs.

-SOURCE-

(Added Pub. L. 101-510, div. A, title III, Sec. 322(a)(1), Nov. 5,

1990, 104 Stat. 1528; amended Pub. L. 102-484, div. A, title III,

Sec. 371(a), Oct. 23, 1992, 106 Stat. 2382; Pub. L. 103-35, title

II, Sec. 201(d)(1), May 31, 1993, 107 Stat. 98; Pub. L. 103-160,

div. A, title III, Sec. 363, Nov. 30, 1993, 107 Stat. 1628.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-160, Sec. 363(a)(1), substituted

''during a fiscal year'' for ''during fiscal year 1993''.

Subsec. (b). Pub. L. 103-160, Sec. 363(a)(2), struck out ''for

fiscal year 1993'' after ''establish guidelines'' in introductory

provisions.

Subsec. (c)(1). Pub. L. 103-160, Sec. 363(b)(1), substituted

''for each fiscal year'' for ''for fiscal year 1994''.

Subsec. (c)(3)(A)(v). Pub. L. 103-35, Sec. 201(d)(1)(A)(i),

substituted ''Defense Agency'' for ''defense agency''.

Subsec. (c)(3)(A)(vii). Pub. L. 103-160, Sec. 363(b)(2), added

cl. (vii).

Subsec. (c)(3)(C). Pub. L. 103-35, Sec. 201(d)(1)(A)(ii),

substituted ''Defense Agency'' for ''defense agency'' after ''to

which the military department,'' and ''Defense Agency,'' for

''defense agency'' after ''for the military department,''.

Subsec. (c)(4). Pub. L. 103-160, Sec. 363(b)(3), added par. (4).

Subsec. (e). Pub. L. 103-35, Sec. 201(d)(1)(B), substituted ''on

the date'' for ''of the date''.

1992 - Pub. L. 102-484 substituted ''Civilian positions:

guidelines for reductions'' for ''Employees of industrial-type or

commercial-type activities: guidelines for future reductions'' as

section catchline and amended text generally, substituting subsecs.

(a) to (e) for former subsecs. (a) to (c).

PILOT PROGRAM FOR PAYMENT OF RETRAINING EXPENSES

Pub. L. 107-107, div. A, title XI, Sec. 1102, Dec. 28, 2001, 115

Stat. 1235, provided that:

''(a) Authority To Carry Out Pilot Program. - (1) The Secretary

of Defense may establish a pilot program to facilitate the

reemployment of eligible employees of the Department of Defense who

are involuntarily separated due to a reduction in force, relocation

as a result of a transfer of function, realignment, or change of

duty station. Under the pilot program, the Secretary may pay

retraining incentives to encourage non-Federal employers to hire

and retain such eligible employees.

''(2) Under the pilot program, the Secretary may enter into an

agreement with a non-Federal employer under which the employer

agrees -

''(A) to employ an eligible employee for at least 12 months at

a salary that is mutually agreeable to the employer and the

eligible employee; and

''(B) to certify to the Secretary the amount of costs incurred

by the employer for any necessary training (as defined by the

Secretary) provided to such eligible employee in connection with

the employment.

''(3) The Secretary may pay a retraining incentive to the

non-Federal employer upon the employee's completion of 12 months of

continuous employment with that employer. The Secretary shall

determine the amount of the incentive, except that in no event may

such amount exceed the lesser of the amount certified with respect

to such eligible employee under paragraph (2)(B), or $10,000.

''(4) In a case in which an eligible employee does not remain

employed by the non-Federal employer for at least 12 months, the

Secretary may pay to the employer a prorated amount of what would

have been the full retraining incentive if the eligible employee

had remained employed for such 12-month period.

''(b) Eligible Employees. - For purposes of this section, an

eligible employee is an employee of the Department of Defense,

serving under an appointment without time limitation, who has been

employed by the Department for a continuous period of at least 12

months and who has been given notice of separation pursuant to a

reduction in force, relocation as a result of a transfer of

function, realignment, or change of duty station, except that such

term does not include -

''(1) a reemployed annuitant under the retirement systems

described in subchapter III of chapter 83 of title 5, United

States Code, or chapter 84 of such title, or another retirement

system for employees of the Federal Government;

''(2) an employee who, upon separation from Federal service, is

eligible for an immediate annuity under subchapter III of chapter

83 of such title, or subchapter II of chapter 84 of such title;

or

''(3) an employee who is eligible for disability retirement

under any of the retirement systems referred to in paragraph (1).

''(c) Duration. - No incentive may be paid under the pilot

program for training commenced after September 30, 2005.

''(d) Definitions. - In this section:

''(1) The term 'non-Federal employer' means an employer that is

not an Executive agency, as defined in section 105 of title 5,

United States Code, or an entity in the legislative or judicial

branch of the Federal Government.

''(2) The term 'reduction in force' has the meaning of that

term as used in chapter 35 of such title 5.

''(3) The term 'realignment' has the meaning given that term in

section 2910 of the Defense Base Closure and Realignment Act of

1990 (title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).''

NON-FEDERAL EMPLOYMENT INCENTIVE PILOT PROGRAM

Pub. L. 103-337, div. A, title III, Sec. 348, Oct. 5, 1994, 108

Stat. 2725, provided that:

''(a) Authority. - The Secretary of Defense may establish a pilot

program for the payment of incentives in accordance with this

section to facilitate the reemployment of eligible employees of the

Department of Defense whose employment with the Department is being

terminated by reason of the closure or realignment of the military

installations where such persons are employed. Under the pilot

program, the Secretary may pay retraining and relocation incentives

to encourage non-Federal employers to hire and retain such

employees.

''(b) Eligible Employees. - For purposes of this section, an

eligible employee is an employee of the Department of Defense,

serving under an appointment without time limitation, who has been

employed by the Department of Defense for a continuous period of at

least 12 months and who has been given notice of separation

pursuant to a reduction in force, except that such term does not

include -

''(1) a reemployed annuitant under subchapter III of chapter 83

of title 5, United States Code, chapter 84 of such title, or

another retirement system for employees of the Government;

''(2) an employee who, upon separation from Federal service, is

eligible for an immediate annuity under subchapter III of chapter

83 of title 5, United States Code, or subchapter II of chapter 84

of such title; or

''(3) an employee who is eligible for disability retirement

under any of the retirement systems referred to in paragraph (1).

''(c) Retraining Incentive. - (1) Under the pilot program, the

Secretary may enter into an agreement with a non-Federal employer

under which the non-Federal employer agrees -

''(A) to employ a person referred to in subsection (a) for at

least 12 months for a salary which is mutually agreeable to the

employer and such person; and

''(B) to certify to the Secretary the cost incurred by the

employer for any necessary training provided to such person in

connection with the employment by that employer.

''(2) The Secretary shall pay a retraining incentive to the

non-Federal employer upon the employee's completion of 12 months of

continuous employment by that employer. Subject to subsection (f),

the Secretary shall prescribe the amount of the incentive.

''(3) The Secretary shall pay a prorated amount of the full

retraining incentive to the non-Federal employer for an employee

who does not remain employed by the non-Federal employer for at

least 12 months.

''(4) In no event may the amount of the retraining incentive paid

for the training of any one person under the pilot program exceed

the amount certified for that person under paragraph (1).

''(d) Relocation Incentive. - The Secretary may pay a relocation

incentive to an eligible employee if it is necessary for the

employee to relocate in order to commence employment with a

non-Federal employer under the pilot program. Subject to

subsection (f), the amount of the incentive shall be equal to the

total amount authorized to be paid for travel, transportation, and

subsistence expenses under subchapter II of chapter 57 of title 5,

United States Code, including the reimbursements authorized under

section 5724b of such title, to a Federal employee being

transferred between the same locations as the person paid the

incentive.

''(e) Approval of Secretary of Defense. - The Secretary of a

military department or the head of a Defense Agency may offer an

incentive under the pilot program with the prior approval of the

Secretary of Defense or pursuant to a delegation of authority by

the Secretary of Defense.

''(f) Limitation. - The total amount of incentives paid in the

case of a person under the pilot program may not exceed $10,000.

''(g) Duration. - No incentive may be paid under the pilot

program for training or relocations commenced after September 30,

1999.

''(h) Definitions. - In this section:

''(1) The term 'non-Federal employer' means an employer that is

not an Executive agency, as defined in section 105 of title 5,

United States Code, or the legislative or judicial branch of the

Federal Government.

''(2) The term 'Defense Agency' has the meaning given such term

in section 101(a)(11) of title 10, United States Code.''

SKILL TRAINING PROGRAMS IN DEPARTMENT OF DEFENSE

Section 4435 of Pub. L. 102-484 provided that:

''(a) Authority. - (1) Under regulations prescribed by the

Secretary of Defense, the Secretaries of the military departments,

and the Secretary of Defense with respect to employees of the

Department of Defense other than employees of the military

departments, may provide not more than one year of training in

training facilities of the Department to civilian employees of the

Department of Defense who are separated from employment as a result

of a reduction in force or a closure or realignment of a military

installation.

''(2) Training may be provided under this subsection during the

period beginning on October 1, 1992, and ending on September 30,

1995.

''(b) Register of Training Programs. - Not later than February 1,

1993, the Secretary of Defense, in consultation with the Secretary

of Labor and the Director of the Office of Personnel Management,

shall publish a register of the skill training programs carried out

by the Department of Defense. The register shall -

''(1) include a list of the skill training programs;

''(2) provide information on the location of such programs, the

training provided under such programs, and the number of persons

who may receive training under such programs; and

''(3) identify the programs that provide training in skills

that are useful to employees in the civilian work force.''

INVOLUNTARY REDUCTIONS OF CIVILIAN PERSONNEL IN FISCAL YEAR 1991

Section 322(b) of Pub. L. 101-510 provided that: ''After the date

of the enactment of this Act (Nov. 5, 1990), an agency or component

of the Department of Defense may not implement any involuntary

reductions or furloughs of civilian personnel in industrial-type or

commercial-type activities in fiscal year 1991 until 45 days after

the date on which the agency or component submits a report to

Congress outlining the reasons why such reductions or furloughs are

required and including a description of any changes in workload and

manpower requirements that will result from those reductions or

furloughs.''

-CITE-

10 USC Sec. 1598 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1598. Assistance to terminated employees to obtain

certification and employment as teachers or employment as

teachers' aides

-STATUTE-

(a) Placement Program. - The Secretary of Defense may establish a

program -

(1) to assist eligible civilian employees of the Department of

Defense and the Department of Energy after the termination of

their employment to obtain -

(A) certification or licensure as elementary or secondary

school teachers; or

(B) the credentials necessary to serve as teachers' aides;

and

(2) to facilitate the employment of such employees by local

educational agencies that -

(A) are receiving grants under title I of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as a

result of having within their jurisdictions concentrations of

children from low-income families; and

(B) are also experiencing a shortage of teachers or teachers'

aides.

(b) Eligible Employees. - (1) A civilian employee of the

Department of Defense or the Department of Energy shall be eligible

for selection by the Secretary of Defense to participate in the

placement program authorized by subsection (a) if the employee -

(A) during the five-year period beginning October 1, 1992, is

terminated from such employment as a result of reductions in

defense spending or the closure or realignment of a military

installation, as determined by the Secretary of Defense or the

Secretary of Energy, as the case may be;

(B) has received -

(i) in the case of an employee applying for assistance for

placement as an elementary or secondary school teacher, a

baccalaureate or advanced degree from an accredited institution

of higher education; or

(ii) in the case of an employee applying for assistance for

placement as a teacher's aide in an elementary or secondary

school, an associate, baccalaureate, or advanced degree from an

accredited institution of higher education or a junior or

community college; and

(C) satisfies such other criteria for selection as the

Secretary of Defense may prescribe.

(2) The Secretary of Defense may accept an application from a

civilian employee referred to in paragraph (1) who was terminated

during the period beginning on October 1, 1990, and ending on

October 1, 1992, if the employee otherwise satisfies the

eligibility criteria specified in that paragraph.

(c) Selection of Participants. - (1) Selection of civilian

employees to participate in the placement program shall be made on

the basis of applications submitted to the Secretary of Defense

after the employees receive a notice of termination. An

application shall be filed within such time, in such form, and

contain such information as the Secretary of Defense may require.

(2) In selecting participants to receive assistance for placement

as elementary or secondary school teachers, the Secretary of

Defense shall give priority to civilian employees who -

(A) have educational, military, or employment experience in

science, mathematics, or engineering and agree to seek employment

as science, mathematics, or engineering teachers in elementary or

secondary schools; or

(B) have educational, military, or employment experience in

another subject area identified by the Secretary, in consultation

with the Secretary of Education, as important for national

educational objectives and agree to seek employment in that

subject area in elementary or secondary schools.

(3) The Secretary of Defense may not select a civilian employee

to participate in the program unless the Secretary has sufficient

appropriations for the placement program available at the time of

the selection to satisfy the obligations to be incurred by the

United States under the program with respect to that member.

(d) Agreement. - A civilian employee selected to participate in

the placement program shall be required to enter into an agreement

with the Secretary of Defense in which the employee agrees -

(1) to obtain, within such time as the Secretary may require,

certification or licensure as an elementary or secondary school

teacher or the necessary credentials to serve as a teacher's aide

in an elementary or secondary school; and

(2) to accept -

(A) in the case of an employee selected for assistance for

placement as a teacher, an offer of full-time employment as an

elementary or secondary school teacher for not less than two

school years with a local educational agency identified under

section 1151(b)(2) (FOOTNOTE 1) of this title, as in effect on

October 4, 1999, to begin the school year after obtaining that

certification or licensure; or

(FOOTNOTE 1) See References in Text note below.

(B) in the case of an employee selected for assistance for

placement as a teacher's aide, an offer of full-time employment

as a teacher's aide in an elementary or secondary school for

not less than two school years with a local educational agency

identified under section 1151(b)(3) (FOOTNOTE 1) of this title,

as in effect on October 4, 1999, to begin the school year after

obtaining the necessary credentials.

(e) Stipend for Participants. - (1) Except as provided in

paragraph (2), the Secretary of Defense shall pay to each

participant in the placement program a stipend in an amount equal

to the lesser of -

(A) $5,000; or

(B) the total costs of the type described in paragraphs (1),

(2), (3), (8), and (9) of section 472 of the Higher Education Act

of 1965 (20 U.S.C. 1087ll) incurred by the participant while

obtaining teacher certification or licensure or the necessary

credentials to serve as a teacher's aide and employment as an

elementary or secondary school teacher or teacher aide.

(2) A civilian employee selected to participate in the placement

program who receives separation pay under section 5597 of title 5

shall not be paid a stipend under paragraph (1).

(3) A stipend paid under paragraph (1) shall be taken into

account in determining the eligibility of the participant for

Federal student financial assistance provided under title IV of the

Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).

(f) Placement of Participants as Teachers and Teachers' Aides. -

Subsections (h) through (k) of section 1151 (FOOTNOTE 1) of this

title, as in effect on October 4, 1999, shall apply with respect to

the placement program authorized by this section.

-SOURCE-

(Added Pub. L. 102-484, div. D, title XLIV, Sec. 4442(a), Oct. 23,

1992, 106 Stat. 2730; amended Pub. L. 103-35, title II, Sec.

201(h)(1), May 31, 1993, 107 Stat. 100; Pub. L. 103-160, div. A,

title XIII, Sec. 1331(c)(2), Nov. 30, 1993, 107 Stat. 1792; Pub. L.

103-382, title III, Sec. 391(b)(3), Oct. 20, 1994, 108 Stat. 4021;

Pub. L. 104-106, div. A, title XV, Sec. 1503(a)(14), Feb. 10,

1996, 110 Stat. 511; Pub. L. 104-201, div. A, title V, Sec.

576(b), Sept. 23, 1996, 110 Stat. 2535; Pub. L. 106-398, Sec. 1

((div. A), title X, Sec. 1087(a)(11)), Oct. 30, 2000, 114 Stat.

1654, 1654A-290.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (a)(2)(A), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27,

as amended. Title I of the Act is classified generally to

subchapter I (Sec. 6301 et seq.) of chapter 70 of Title 20,

Education. For complete classification of this Act to the Code, see

Short Title note set out under section 6301 of Title 20 and Tables.

Section 1151 of this title, referred to in subsecs. (d)(2)(A),

(B) and (f), was repealed by Pub. L. 106-65, div. A, title XVII,

Sec. 1707(a)(1), Oct. 5, 1999, 113 Stat. 823.

The Higher Education Act of 1965, referred to in subsec. (e)(3),

is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title

IV of the Act is classified generally to subchapter IV (Sec. 1070

et seq.) of chapter 28 of Title 20, and part C (Sec. 2751 et seq.)

of subchapter I of chapter 34 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 1001 of Title 20 and Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (d)(2). Pub. L. 106-398, Sec. 1 ((div. A), title

X, Sec. 1087(a)(11)(A)), inserted ''as in effect on October 4,

1999,'' after ''of this title,'' in subpars. (A) and (B).

Subsec. (f). Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1087(a)(11)(B)), inserted '', as in effect on October 4, 1999,''

after ''of this title''.

1996 - Subsec. (a)(2)(A). Pub. L. 104-106 substituted ''6301''

for ''2701''.

Subsec. (d)(2)(A), (B). Pub. L. 104-201 substituted ''two school

years'' for ''five school years''.

1994 - Subsec. (a)(2)(A). Pub. L. 103-382 struck out ''chapter 1

of'' after ''grants under''.

1993 - Subsec. (d)(2)(A), (B). Pub. L. 103-160 substituted ''five

school years'' for ''two school years''.

Subsec. (e)(4). Pub. L. 103-35 struck out par. (4) which read as

follows: ''A person who receives a stipend under section 4436 of

this title shall not be paid a stipend pursuant to paragraph (1).''

EFFECTIVE DATE OF 1993 AMENDMENT

Pub. L. 103-160, div. A, title XIII, Sec. 1331(h), Nov. 30,

1993, 107 Stat. 1793, provided that: ''The amendments made by

subsections (c) and (d) (amending this section and sections 1151

and 2410j of this title) shall not apply with respect to -

''(1) persons selected by the Secretary of Defense before the

date of the enactment of this Act (Nov. 30, 1993) to participate

in the teacher and teacher's aide placement programs established

pursuant to sections 1151, 1598, and 2410j of title 10, United

States Code; or

''(2) agreements entered into by the Secretary before such date

with local educational agencies under such sections.''

SAVINGS PROVISION

Pub. L. 104-201, div. A, title V, Sec. 576(d), Sept. 23, 1996,

110 Stat. 2535, provided that: ''The amendments made by this

section (amending this section and sections 1151 and 2410j of this

title) do not affect obligations under agreements entered into in

accordance with section 1151, 1598, or 2410j of title 10, United

States Code, before the date of the enactment of this Act (Sept.

23, 1996).''

-CITE-

10 USC Sec. 1599 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

(Sec. 1599. Renumbered Sec. 1611)

-CITE-

10 USC Sec. 1599a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1599a. Financial assistance to certain employees in

acquisition of critical skills

-STATUTE-

(a) Training Program. - The Secretary of Defense shall establish

an undergraduate training program with respect to civilian

employees in the Military Department Civilian Intelligence

Personnel Management System that is similar in purpose, conditions,

content, and administration to the program established by the

Secretary of Defense under section 16 of the National Security Act

of 1959 (50 U.S.C. 402 note) for civilian employees of the National

Security Agency.

(b) Use of Funds for Training Program. - Any payment made by the

Secretary to carry out the program required to be established by

subsection (a) may be made in any fiscal year only to the extent

that appropriated funds are available for that purpose.

-SOURCE-

(Added Pub. L. 104-93, title V, Sec. 505(a), Jan. 6, 1996, 109

Stat. 973.)

-REFTEXT-

REFERENCES IN TEXT

Section 16 of the National Security Act of 1959, referred to in

subsec. (a), probably means section 16 of the National Security

Agency Act of 1959, Pub. L. 86-36, as amended, which is set out as

a note under section 402 of Title 50, War and National Defense.

-CITE-

10 USC Sec. 1599b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1599b. Employees abroad: travel expenses; health care

-STATUTE-

(a) In General. - The Secretary of Defense may provide civilian

employees, and members of 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 described 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 Secretary 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 expenses 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 section 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

Government in order to facilitate the payment of expenses

authorized by subsection (b) and to carry out a health care program

authorized by subsection (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.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XVI, Sec. 1604(a), Sept. 23,

1996, 110 Stat. 2735.)

-CITE-

10 USC Sec. 1599c 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1599c. Appointment in excepted service of certain health care

professionals

-STATUTE-

(a) Authority. - The Secretary of Defense may appoint in the

excepted service without regard to the provisions of subchapter I

of chapter 33 of title 5 (except as provided in section 3328 of

such title and in subsection (c) of this section) an individual who

has -

(1) a recognized degree or certificate from an accredited

institution in a covered health care profession or occupation;

and

(2) successfully completed a clinical education program

affiliated with the Department of Defense or the Department of

Veterans Affairs.

(b) Covered Health Care Profession or Occupation. - For purposes

of subsection (a), a covered health care profession or occupation

is any of the following:

(1) Physician.

(2) Dentist.

(3) Podiatrist.

(4) Optometrist.

(5) Nurse.

(6) Physician assistant.

(7) Expanded-function dental auxiliary.

(c) Preferences in Hiring. - In using the authority provided by

this section, the Secretary shall apply the principles of

preference for the hiring of veterans and other individuals

established in subchapter I of chapter 33 of title 5.

(d) Probationary Period. - There shall be an initial probationary

period of two years for appointments made under the authority of

this section.

(e) Promotions and Advancement. - (1) Promotions of individuals

appointed under the authority of this section shall be made only

after an examination performed in accordance with regulations

prescribed by the Secretary.

(2) Advancement of such individuals within a pay grade may be

made in increments of the minimum rate of basic pay of the grade in

accordance with regulations prescribed by the Secretary.

(f) Review of Records by Board. - The record of each individual

appointed under the authority of this section in the medical,

dental, and nursing services shall be reviewed periodically by a

board, which shall be appointed in accordance with regulations

prescribed by the Secretary. If such board finds that such

individual is not fully qualified and satisfactory, such individual

shall be separated from service.

(g) Adjustment of Pay. - In accordance with regulations

prescribed by the Secretary, the grade and annual rate of basic pay

of an individual appointed under this section whose level of

assignment is changed from a level of assignment in which the grade

level is based on both the nature of the assignment and

qualifications may be adjusted to the grade and annual rate of

basic pay otherwise appropriate.

(h) Appointment to Additional Positions. - (1) The Secretary may

use the authority of this subsection (subject to paragraph (2)) to

establish the qualifications for, and appoint and advance an

individual in the Department of Defense as -

(A) a clinical or counseling psychologist (if such psychologist

holds a diploma as a diplomate in psychology from an accrediting

authority approved by the Secretary);

(B) a certified or registered respiratory therapist;

(C) a licensed physical therapist;

(D) a licensed practical or vocational nurse;

(E) a pharmacist; or

(F) an occupational therapist.

(2) Notwithstanding any other provision of this title or any

other law, all matters relating to adverse actions, disciplinary

actions, and grievance procedures involving an individual appointed

to a position described in paragraph (1) (including such actions

and procedures involving an employee in a probationary status)

shall be resolved under the provisions of title 5 as though such

individual had been appointed under such title.

(i) Reinstatement. - In determining eligibility for reinstatement

in the civil service of individuals appointed to positions in the

Department of Defense under this section who at the time of

appointment have a civil service status and whose employment in the

Department of Defense is terminated, the period of service

performed in the Department shall be included in computing the

period of service under applicable civil service regulations.

-SOURCE-

(Added Pub. L. 107-107, div. A, title XI, Sec. 1104(a), Dec. 28,

2001, 115 Stat. 1236.)

-MISC1-

PRIOR PROVISIONS

A prior section 1599c, added Pub. L. 104-201, div. A, title XVI,

Sec. 1615(a)(1), Sept. 23, 1996, 110 Stat. 2740; amended Pub. L.

105-85, div. A, title X, Sec. 1073(a)(31), Nov. 18, 1997, 111

Stat. 1902, related to treatment of a Department of Defense

violation of veterans' preference requirements as a prohibited

personnel practice, prior to repeal by Pub. L. 105-339, Sec.

6(c)(1)(A), Oct. 31, 1998, 112 Stat. 3188.

-CITE-

10 USC Sec. 1599d 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 81 - CIVILIAN EMPLOYEES

-HEAD-

Sec. 1599d. Professional accounting positions: authority to

prescribe certification and credential standards

-STATUTE-

(a) Authority To Prescribe Professional Certification Standards.

- The Secretary of Defense may prescribe professional certification

and credential standards for professional accounting positions

within the Department of Defense. Any such standard shall be

prescribed as a Department of Defense regulation.

(b) Waiver Authority. - The Secretary may waive any standard

prescribed under subsection (a) whenever the Secretary determines

such a waiver to be appropriate.

(c) Applicability. - A standard prescribed under subsection (a)

shall not apply to any person employed by the Department of Defense

before the standard is prescribed.

(d) Report. - The Secretary of Defense shall submit to Congress a

report on the Secretary's plans to provide training to appropriate

Department of Defense personnel to meet any new professional and

credential standards prescribed under subsection (a). Such report

shall be prepared in conjunction with the Director of the Office of

Personnel Management. Such a report shall be submitted not later

than one year after the effective date of any regulations, or any

revision to regulations, prescribed pursuant to subsection (a).

(e) Definition. - In this section, the term ''professional

accounting position'' means a position or group of positions in the

GS-510, GS-511, and GS-505 series that involves professional

accounting work.

-SOURCE-

(Added Pub. L. 107-314, div. A, title XI, Sec. 1104(a)(1), Dec. 2,

2002, 116 Stat. 2661.)

-MISC1-

EFFECTIVE DATE

Pub. L. 107-314, div. A, title XI, Sec. 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).''

-CITE-