10 U.S.C. § 1581 — Foreign National Employees Separation

Page 1509 TITLE 10—ARMED FORCES § 1581 ‘‘(e) INFORMATION SHARING.—The Secretary of Defense and the Secretary of State shall work with the Sec- retary of Homeland Security and the Office of Refugee Resettlement of the Department of Health and Human Services to ensure that individuals described in sub- section (b) are informed of the program established under subsection (a). ‘‘(f) REGULATION.—The Secretary of Defense, jointly with the Secretary of State and with the concurrence of the Director of the Office of Personnel Management, shall prescribe such regulations as are necessary to carry out the program established under subsection (a), including ensuring the suitability for employment de- scribed in subsection (a) of individuals described in sub- section (b), determining the number of positions, and establishing pay scales and hiring procedures. ‘‘(g) TERMINATION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the program established under subsection (a) shall terminate on December 31, 2014. ‘‘(2) EARLIER TERMINATION.—If the Secretary of De- fense, jointly with the Secretary of State, determines that the program established under subsection (a) should terminate before the date specified in para- graph (1), the Secretaries may terminate the program if the Secretaries notify Congress in writing of such termination at least 180 days before such termi- nation.’’ STRATEGIC HUMAN CAPITAL PLAN FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE Pub. L. 110–181, div. A, title VIII, § 851, Jan. 28, 2008, 122 Stat. 247, which required that, in updates of the strategic human capital plan, the Secretary of Defense was to include a separate section focused on the defense acquisition workforce, was repealed by Pub. L. 111–84, div. A, title XI, § 1108(c)(3), Oct. 28, 2009, 123 Stat. 2492. Pub. L. 109–163, div. A, title XI, § 1122, Jan. 6, 2006, 119 Stat. 3452, which required the Secretary of Defense to develop and submit to the Committees on Armed Serv- ices of the Senate and House of Representatives a stra- tegic human capital plan to shape and improve the ci- vilian employee workforce of the Department of De- fense, along with updates and the assessment of the Secretary of the progress of the Department in imple- menting the plan, and required the Comptroller Gen- eral to submit to the Committees on Armed Services a report on the plan, was repealed by Pub. L. 111–84, div. A, title XI, § 1108(c)(1), Oct. 28, 2009, 123 Stat. 2491. § 1580. Emergency essential employees: designa- tion (a) CRITERIA FOR DESIGNATION.—The Secretary of Defense or the Secretary of the military de- partment concerned may designate as an emer- gency 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 re- pair of combat essential systems of the armed forces. (2) It is necessary for the employee to per- form that duty in a combat zone after the evacuation of nonessential personnel, includ- ing 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 com- bat operations of the armed forces in the zone. (3) It is impracticable to convert the em- ployee’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 NON- APPROPRIATED FUND INSTRUMENTALITIES.—A nonappropriated fund instrumentality employee is eligible for designation as an emergency es- sential 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 In- ternal Revenue Code of 1986. (2) The term ‘‘nonappropriated fund instru- mentality employee’’ has the meaning given that term in section 1587(a)(1) of this title. (Added Pub. L. 106–65, div. A, title XI, § 1103(b)(1), Oct. 5, 1999, 113 Stat. 776.) Editorial Notes 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. PRIOR PROVISIONS A prior section 1580, added Pub. L. 87–651, title II, § 206(a), Sept. 7, 1962, 76 Stat. 519, related to appoint- ment of civilian employees by the Secretary of Defense, prior to repeal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 663. § 1580a. Emergency essential employees: notifica- tion of required participation in anthrax vac- cine immunization program The Secretary of Defense shall— (1) prescribe regulations for the purpose of ensuring that any civilian employee of the De- partment 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 re- quirement to participate in the program and the consequences of a decision not to partici- pate; 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. (Added Pub. L. 106–398, § 1 [[div. A], title VII, § 751(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–194.) § 1581. Foreign National Employees Separation Pay Account (a) ESTABLISHMENT AND PURPOSE.—There is es- tablished on the books of the Treasury an ac- count 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 ap- plicable 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 obli- gated until expended. (d) DEOBLIGATED FUNDS.—Any amount in the account that is deobligated shall be available for Page 1510 TITLE 10—ARMED FORCES § 1582 a period of two years from the date of deobligation for recording, adjusting, and liqui- dating amounts properly chargeable to the li- ability of the United States for which the obli- gation 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 De- fense, and foreign nationals employed by a for- eign government for the benefit of the Depart- ment of Defense, under any of the following agreements that provide for payment of separa- tion pay: (1) A contract. (2) A treaty. (3) A memorandum of understanding with a foreign nation. (Added Pub. L. 102–190, div. A, title X, § 1003(a)(1), Dec. 5, 1991, 105 Stat. 1456; amended Pub. L. 102–484, div. A, title X, § 1052(20), Oct. 23, 1992, 106 Stat. 2500; Pub. L. 103–337, div. A, title III, § 346, Oct. 5, 1994, 108 Stat. 2724; Pub. L. 107–107, div. A, title X, § 1048(e)(2), Dec. 28, 2001, 115 Stat. 1227.) Editorial Notes PRIOR PROVISIONS A prior section 1581, acts Aug. 10, 1956, ch. 1041, 70A Stat. 118; Sept. 2, 1958, Pub. L. 85–861, § 1(34), 72 Stat. 1456; May 29, 1959, Pub. L. 86–36, § 3, 73 Stat. 63; Sept. 23, 1959, Pub. L. 86–377, § 2, 73 Stat. 701; Oct. 4, 1961, Pub. L. 87–367, title II, § 203, 75 Stat. 790; Oct. 11, 1962, Pub. L. 87–793, § 1001(b), 76 Stat. 863, provided for appointment of a limited number of civilian research and develop- ment personnel and prescribed their relationship to civil service provisions, prior to repeal by Pub. L. 97–295, § 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 obli- gated 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, § 346(1), sub- stituted ‘‘foreign nationals referred to in subsection (e)’’ for ‘‘foreign national employees of the Department of Defense’’ wherever appearing. Subsec. (e). Pub. L. 103–337, § 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 fol- lowing agreements that provide for payment of separa- tion pay: ‘‘(1) A contract. ‘‘(2) A treaty. ‘‘(3) A memorandum of understanding with a for- eign nation.’’ 1992—Subsec. (b)(1), (2). Pub. L. 102–484 substituted ‘‘December 5, 1991,’’ for ‘‘the date of the enactment of this section’’. § 1582. Assistive technology, assistive technology devices, and assistive technology services (a) AUTHORITY.—The Secretary of Defense may provide assistive technology, assistive tech- nology devices, and assistive technology serv- ices 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 em- ployees with disabilities or for satisfying a re- quirement to make its programs or facilities accessible to, and usable by, persons with dis- abilities. (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). (Added Pub. L. 106–398, § 1 [[div. A], title XI, § 1102(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–311.) Editorial Notes PRIOR PROVISIONS A prior section 1582, acts Aug. 10, 1956, ch. 1041, 70A Stat. 118; Sept. 2, 1958, Pub. L. 85–861, § 1(35), 72 Stat. 1456; Sept. 23, 1959, Pub. L. 86–377, § 3, 73 Stat. 701, di- rected Secretary of Defense to report annually to Con- gress on civilian research and development personnel employed by Department of Defense under former sec- tion 1581 of this title, prior to repeal by Pub. L. 97–295, § 1(19)(A), Oct. 12, 1982, 96 Stat. 1290. § 1583. Employment of certain persons without pay The Secretary of Defense and the Secretaries of the military departments may each employ, without pay, not more than 10 persons of out- standing experience and ability. However, a per- son so employed may be allowed transportation, and not more than $15 a day instead of subsist- ence, while away from his home or regular place of business pursuant to employment under this section. (Aug. 10, 1956, ch. 1041, 70A Stat. 118; Pub. L. 89–718, § 14, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 97–295, § 1(20)(A), (B), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 112–81, div. A, title XI, § 1111, Dec. 31, 2011, 125 Stat. 1616.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1583(a) ..... 5:171v (less words of 1st sentence after semi- colon). Jan. 6, 1951, ch. 1213, subch. VII, § 704, 64 Stat. 1235. 1583(b) ..... 5:171v (words of 1st sen- tence after semicolon). Editorial Notes AMENDMENTS 2011—Pub. L. 112–81, § 1111(2), inserted ‘‘each’’ after ‘‘may’’ in first sentence. Pub. L. 112–81, § 1111(1), which directed amendment of first sentence by inserting ‘‘and the Secretaries of the military departments’’ after ‘‘the Secretary of De- fense’’, was executed by making the insertion after ‘‘The Secretary of Defense’’ to reflect the probable in- tent of Congress. 1982—Pub. L. 97–295 substituted ‘‘pay’’ for ‘‘compensa- tion’’ in section catchline and text.