10 U.S.C. § 1592 — Prohibition on payment of severance pay

Page 1519 TITLE 10—ARMED FORCES § 1592 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 des- ignated. (c) PUBLICATION OF DESIGNATED ENTITIES AND OF AUTHORIZED PERSONS.—A designation of an entity under subsection (b), and an authoriza- tion under subsection (a) of an employee to par- ticipate in the management of such an entity, shall be published in the Federal Register. (d) CIVILIANS OUTSIDE THE MILITARY DEPART- MENTS.—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 de- partment. (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 regula- tions to carry out this section. (Added Pub. L. 105–85, div. A, title V, § 593(b)(1), Nov. 18, 1997, 111 Stat. 1763; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes PRIOR PROVISIONS A prior section 1589, added Pub. L. 98–525, title XIV, § 1401(f)(1), Oct. 19, 1984, 98 Stat. 2618, provided, with ex- ceptions, for prohibition on payment of lodging ex- penses when adequate Government quarters were avail- able, prior to repeal by Pub. L. 104–201, div. A, title XVI, § 1614(b)(1), Sept. 23, 1996, 110 Stat. 2739. AMENDMENTS 2002—Subsecs. (a)(2), (b), (e). Pub. L. 107–296 sub- stituted ‘‘of Homeland Security’’ for ‘‘of Transpor- tation’’. Statutory Notes and Related Subsidiaries 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. [§ 1590. Repealed. Pub. L. 104–201, div. A, title XVI, § 1633(a), Sept. 23, 1996, 110 Stat. 2751] Section, added Pub. L. 99–569, title V, § 504(a), Oct. 27, 1986, 100 Stat. 3198; amended Pub. L. 100–178, title VI, § 602(b), Dec. 2, 1987, 101 Stat. 1016; Pub. L. 101–193, title V, § 503(a), Nov. 30, 1989, 103 Stat. 1708; Pub. L. 102–496, title IV, § 402(a), Oct. 24, 1992, 106 Stat. 3184; Pub. L. 103–35, title II, § 201(g)(2), May 31, 1993, 107 Stat. 100, re- lated to management of civilian intelligence personnel of the military departments. See sections 1601 to 1603, 1606, and 1609 of this title. Statutory Notes and Related Subsidiaries 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 Amend- ment note under section 1593 of this title. § 1591. Reimbursement for travel and transpor- tation expenses when accompanying Mem- bers of Congress (a) Subject to subsection (b), the Secretary concerned may authorize reimbursement to a ci- vilian employee who is accompanying a Member of Congress or a congressional employee on offi- cial 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 ap- proved for official congressional travel; and (2) only when the travel of the member is di- rected or approved by the Secretary con- cerned. (c) In this section: (1) The term ‘‘Member of Congress’’ means a member of the Senate or the House of Rep- resentatives, a Delegate to the House of Rep- resentatives, 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 civil- ian employees of the Department of Defense other than a military department. (Added Pub. L. 100–180, div. A, title VI, § 617(b)(1), Dec. 4, 1987, 101 Stat. 1097.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–180, div. A, title VI, § 617(c), Dec. 4, 1987, 101 Stat. 1097, as amended by Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948, provided that: ‘‘Subsection (h) of section 474 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].’’ § 1592. Prohibition on payment of severance pay to foreign nationals in the event of certain overseas base closures Funds available to the Department of Defense (including funds in the Foreign National Em- ployees Separation Pay Account, Defense, estab- lished under section 1581 of this title) may not be used to pay severance pay to a foreign na- tional employed by the Department of Defense under a contract, a treaty, or a memorandum of understanding with a foreign nation that pro- vides for payment of separation pay if the termi- nation of the employment of the foreign na- tional is the result of the closing of, or the cur- tailment of activities at, a United States mili- tary facility in that country at the request of the government of that country. (Added Pub. L. 101–189, div. A, title III, § 311(b)(1), Nov. 29, 1989, 103 Stat. 1411; amended Pub. L. 102–190, div. A, title X, § 1003(b), Dec. 5, 1991, 105 Stat. 1456; Pub. L. 102–484, div. A, title X, § 1052(21), Oct. 23, 1992, 106 Stat. 2500.) Editorial Notes CODIFICATION Another section 1592 was renumbered section 1596 of this title. AMENDMENTS 1992—Pub. L. 102–484 inserted ‘‘section’’ after ‘‘estab- lished under’’. Page 1520 TITLE 10—ARMED FORCES § 1593 1991—Pub. L. 102–190 inserted ‘‘(including funds in the Foreign National Employees Separation Pay Account, Defense, established under 1581 of this title)’’ and sub- stituted ‘‘a contract, a treaty, or a memorandum of un- derstanding with a foreign nation that provides for payment of separation pay’’ for ‘‘a contract performed in a foreign country’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–189, div. A, title III, § 311(b)(3), Nov. 29, 1989, 103 Stat. 1412, as amended by Pub. L. 102–484, div. A, title XIII, § 1352(a), Oct. 23, 1992, 106 Stat. 2558, pro- vided 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, § 1352(a), Oct. 23, 1992, 106 Stat. 2558.]’’ PROHIBITION ON PAYMENT OF SEVERANCE PAY TO CERTAIN FOREIGN NATIONALS IN THE PHILIPPINES Pub. L. 102–484, div. A, title XIII, § 1351, Oct. 23, 1992, 106 Stat. 2558, provided that: ‘‘(a) PROHIBITION.—Funds available to the Depart- ment 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 dis- continuation 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 Phil- ippines. ‘‘(b) PROHIBITION ON ALLOWANCE OF CERTAIN SEVER- ANCE 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 discontinu- ation of the employment of the foreign national is the result of the termination of basing rights of the United States military in the Philippines.’’ § 1593. Uniform allowance: civilian employees (a) ALLOWANCE AUTHORIZED.—(1) The Sec- retary 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 uni- form to a civilian employee referred to in such paragraph. (3) This subsection shall not apply with re- spect to a civilian employee of the Defense In- telligence Agency who is entitled to an allow- ance under section 1622 of this title. (b) AMOUNT OF ALLOWANCE.—Notwithstanding section 5901(a) of title 5, the amount of an allow- ance paid, and the cost of uniforms provided, under subsection (a) to a civilian employee may not exceed $400 per year (or such higher max- imum amount as the Secretary of Defense may by regulation prescribe). (c) TREATMENT OF ALLOWANCE.—An allowance paid, or uniform provided, under subsection (a) shall be treated in the same manner as is pro- vided in section 5901(c) of title 5 for an allow- ance paid under that section. (d) USE OF APPROPRIATED FUNDS FOR ALLOW- ANCE.—Amounts appropriated annually to the Department of Defense for the pay of civilian employees may be used for uniforms, or for al- lowance for uniforms, as authorized by this sec- tion and section 5901 of title 5. (Added Pub. L. 101–189, div. A, title III, § 336(a)(1), Nov. 29, 1989, 103 Stat. 1419; amended Pub. L. 101–510, div. A, title XIV, § 1481(d)(3), Nov. 5, 1990, 104 Stat. 1706; Pub. L. 104–201, div. A, title XVI, § 1633(e)(1), Sept. 23, 1996, 110 Stat. 2752; Pub. L. 110–181, div. A, title XI, § 1113, Jan. 28, 2008, 122 Stat. 360.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsec. (d) of this sec- tion were contained in Pub. L. 101–165, title IX, § 9010, Nov. 21, 1989, 103 Stat. 1131, which was set out as a note below, prior to repeal by Pub. L. 101–510, § 1481(d)(4)(B). AMENDMENTS 2008—Subsec. (b). Pub. L. 110–181 substituted ‘‘$400 per year (or such higher maximum amount as the Sec- retary of Defense may by regulation prescribe).’’ for ‘‘$400 per year.’’ 1996—Subsec. (a)(3). Pub. L. 104–201 substituted ‘‘sec- tion 1622’’ for ‘‘section 1606’’. 1990—Subsec. (d). Pub. L. 101–510 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–201, div. A, title XVI, § 1635, Sept. 23, 1996, 110 Stat. 2752, provided that: ‘‘This subtitle [subtitle B (§§ 1631–1635) of title XVI of div. A of Pub. L. 104–201, en- acting 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, re- numbering sections 1599, 1602, 1606, and 1608 of this title as sections 1611, 1621, 1622, and 1623 of this title, respec- tively, 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 for- merly set out in a National Security Agency Act of 1959 note under section 402 of Title 50] and the amendments made by this subtitle shall take effect on October 1, 1996.’’ EFFECTIVE DATE Pub. L. 101–189, div. A, title III, § 336(c), Nov. 29, 1989, 103 Stat. 1419, 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, § 9010, Nov. 21, 1989, 103 Stat. 1131, which made appropriations available to Depart- ment of Defense for pay of civilian employees for uni- forms, 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, § 1481(d)(3), (4)(B). § 1594. Reimbursement for financial institution charges incurred because of Government error in direct deposit of pay (a)(1) A civilian officer or employee of the De- partment of Defense who, in accordance with law or regulation, participates in a program for the automatic deposit of pay to a financial insti- tution may be reimbursed for a covered late-de- posit charge. (2) A covered late-deposit charge for purposes of paragraph (1) is a charge (including an over- draft charge or a minimum balance charge) that is levied by a financial institution and that re-