Legislación
US (United States) Code. Title 10. Subtitle A: General Military Law. Part II. Chapter 81: Civilian employees
-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 Repealed.)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.
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10 USC Sec. 1580 01/06/03
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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.
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10 USC Sec. 1580a 01/06/03
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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.)
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10 USC Sec. 1581 01/06/03
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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
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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.
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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
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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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |