Collapse to view only § 1599g. Public-private talent exchange

§ 1580.
Emergency essential employees: designation
(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.
(Added Pub. L. 106–65, div. A, title XI, § 1103(b)(1), Oct. 5, 1999, 113 Stat. 776.)
§ 1580a.
Emergency essential employees: notification of required participation in anthrax vaccine immunization program
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.
(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 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.
(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.)
§ 1582.
Assistive technology, assistive technology devices, and assistive technology services
(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).
(Added Pub. L. 106–398, § 1 [[div. A], title XI, § 1102(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–311.)
§ 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 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.

(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.)
§ 1584.
Employment of non-citizens

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 118; Pub. L. 97–295, § 1(20)(A), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 101–510, div. A, title XIV, §§ 1481(d)(1), (2), 1482(b), Nov. 5, 1990, 104 Stat. 1706, 1709; Pub. L. 104–106, div. A, title X, § 1062(b), Feb. 10, 1996, 110 Stat. 444.)
§ 1585.
Carrying of firearms

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.

(Added Pub. L. 85–577, § 1(1), July 31, 1958, 72 Stat. 455.)
§ 1585a.
Special agents of the Defense Criminal Investigative Service: authority to execute warrants and make arrests
(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).
(Added Pub. L. 105–85, div. A, title X, § 1071(a), Nov. 18, 1997, 111 Stat. 1897.)
§ 1586.
Rotation of career-conditional and career employees assigned to duty outside the United States
(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.
(Added Pub. L. 86–585, § 1, July 5, 1960, 74 Stat. 325; amended Pub. L. 89–718, § 15, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 90–83, § 3(3), Sept. 11, 1967, 81 Stat. 220; Pub. L. 96–513, title V, § 511(61), Dec. 12, 1980, 94 Stat. 2925; Pub. L. 96–600, § 1, Dec. 24, 1980, 94 Stat. 3493; Pub. L. 97–295, § 1(20)(A), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 98–525, title XIV, § 1405(29), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 101–189, div. A, title XVI, § 1622(e)(4), Nov. 29, 1989, 103 Stat. 1605.)
§ 1587.
Employees of nonappropriated fund instrumentalities: reprisals
(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, or threaten to 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.
(Added Pub. L. 98–94, title XII, § 1253(a)(1), Sept. 24, 1983, 97 Stat. 699; amended Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 104–106, div. A, title IX, § 903(f)(3), title X, § 1040(a)–(d)(1), Feb. 10, 1996, 110 Stat. 402, 433; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 113–66, div. A, title VI, § 641, Dec. 26, 2013, 127 Stat. 787.)
§ 1587a.
Employees of nonappropriated fund instrumentalities: senior executive pay levels
(a)
Authority.—
To achieve the objective stated in subsection (b), the Secretary of Defense may regulate the amount of total compensation that is provided for senior executives of nonappropriated fund instrumentalities who, for the fixing of pay by administrative action, are under the jurisdiction of the Secretary of Defense or the Secretary of a military department.
(b)
Pay Parity.—
The objective of an action taken with respect to the compensation of senior executives under subsection (a) is to provide for parity between the total compensation provided for such senior executives and total compensation that is provided for Department of Defense employees in Senior Executive Service positions or other senior executive positions.
(c)
Standards of Comparability.—
Subject to subsection (d), the Secretary of Defense shall prescribe the standards of comparison that are to apply in the making of the determinations necessary to achieve the objective stated in subsection (b).
(d)
Establishment of Pay Rates.—
The Secretary of Defense shall apply subsections (a) and (b) of section 5382 of title 5 in the regulation of compensation under this section.
(e)
Relationship to Pay Limitation.—
The Secretary of Defense may exercise the authority provided in subsection (a) without regard to section 5373 of title 5.
(f)
Definitions.—
In this section:
(1) The term “compensation” includes rate of basic pay.
(2) The term “Senior Executive Service position” has the meaning given such term in section 3132 of title 5.
(Added Pub. L. 108–375, div. A, title XI, § 1104(a), Oct. 28, 2004, 118 Stat. 2073.)
§ 1588.
Authority to accept certain voluntary services
(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 uniformed services 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
(8) Voluntary services to support programs of a committee of the Employer Support of the Guard and Reserve as authorized by the Secretary of Defense.
(9) Voluntary services to facilitate accounting for missing persons.
(10) Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned.
(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) and chapters 309 and 311 of title 46 (relating to claims for damages or loss on navigable waters).
(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 paragraph (3) or (8) of subsection (a).
(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.
(g)
Secretary Concerned for Acceptance of Services for Programs Serving Members of NOAA Corps and Their Families.—
For purposes of the acceptance of services described in subsection (a)(3), the term “Secretary concerned” in subsection (a) shall include the Secretary of Commerce with respect to members of the commissioned officer corps of the National Oceanic and Atmospheric Administration.
(Added Pub. L. 98–94, title XII, § 1266(a), Sept. 24, 1983, 97 Stat. 704; amended Pub. L. 99–145, title XVI, § 1624(a), Nov. 8, 1985, 99 Stat. 778; Pub. L. 99–661, div. A, title XIII, § 1355, Nov. 14, 1986, 100 Stat. 3996; Pub. L. 100–26, § 3(9), Apr. 21, 1987, 101 Stat. 274; Pub. L. 101–189, div. A, title XVI, § 1634, Nov. 29, 1989, 103 Stat. 1608; Pub. L. 102–190, div. A, title III, § 345, Dec. 5, 1991, 105 Stat. 1346; Pub. L. 103–337, div. A, title X, § 1061(a), Oct. 5, 1994, 108 Stat. 2845; Pub. L. 104–201, div. A, title X, § 1074(a)(8), Sept. 23, 1996, 110 Stat. 2659; Pub. L. 106–65, div. A, title III, § 371(a), title V, § 578(f), Oct. 5, 1999, 113 Stat. 579, 627; Pub. L. 107–107, div. A, title V, § 583, Dec. 28, 2001, 115 Stat. 1125; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title V, § 553, title X, § 1064(b), Dec. 2, 2002, 116 Stat. 2552, 2654; Pub. L. 108–375, div. A, title V, § 516, title X, § 1081, Oct. 28, 2004, 118 Stat. 1884, 2059; Pub. L. 110–181, div. A, title X, § 1063(a)(9), Jan. 28, 2008, 122 Stat. 322; Pub. L. 112–239, div. A, title V, § 587(b), Jan. 2, 2013, 126 Stat. 1768; Pub. L. 113–291, div. A, title X, § 1043, Dec. 19, 2014, 128 Stat. 3493; Pub. L. 116–259, title II, § 205(b)(2), Dec. 23, 2020, 134 Stat. 1167.)
§ 1589.
Participation in management of specified non-Federal entities: authorized activities
(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.
(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.)
[§ 1590.
Repealed. Pub. L. 104–201, div. A, title XVI, § 1633(a), Sept. 23, 1996, 110 Stat. 2751]
§ 1591.
Reimbursement for travel and transportation expenses when accompanying Members of Congress
(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.
(Added Pub. L. 100–180, div. A, title VI, § 617(b)(1), Dec. 4, 1987, 101 Stat. 1097.)
§ 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 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.

(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.)
§ 1593.
Uniform allowance: civilian employees
(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 (or such higher maximum 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 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.
(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.)
§ 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 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.
(Added Pub. L. 101–189, div. A, title VI, § 664(b)(1), Nov. 29, 1989, 103 Stat. 1466; amended Pub. L. 101–510, div. A, title XIV, § 1484(k)(6), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 102–25, title VII, § 701(e)(8)(A), Apr. 6, 1991, 105 Stat. 115; Pub. L. 105–261, div. A, title V, § 564(b), Oct. 17, 1998, 112 Stat. 2029.)
§ 1595.
Civilian faculty members at certain Department of Defense schools: employment and compensation
(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 English Language Center of the Defense Language Institute.
(4) The Western Hemisphere Institute for Security Cooperation.
(5) The Joint Special Operations University.
(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.
(Added Pub. L. 101–189, div. A, title XI, § 1124(a)(1), Nov. 29, 1989, 103 Stat. 1558; amended Pub. L. 102–25, title VII, § 701(h)(1), Apr. 6, 1991, 105 Stat. 115; Pub. L. 102–190, div. A, title IX, § 911, Dec. 5, 1991, 105 Stat. 1452; Pub. L. 102–484, div. A, title IX, § 923(a)(1), (2)(A), Oct. 23, 1992, 106 Stat. 2474; Pub. L. 103–160, div. A, title IX, § 923(a)(1), Nov. 30, 1993, 107 Stat. 1731; Pub. L. 104–201, div. A, title XVI, § 1607, Sept. 23, 1996, 110 Stat. 2737; Pub. L. 105–85, div. A, title IX, §§ 921(c), 922(b), Nov. 18, 1997, 111 Stat. 1863; Pub. L. 108–136, div. A, title XI, § 1115, Nov. 24, 2003, 117 Stat. 1636; Pub. L. 109–364, div. A, title IX, § 904(b)(1), Oct. 17, 2006, 120 Stat. 2353; Pub. L. 115–232, div. A, title V, § 555, Aug. 13, 2018, 132 Stat. 1773.)
§ 1596.
Foreign language proficiency: special pay for proficiency beneficial for intelligence interests
(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.
(Added Pub. L. 101–193, title V, § 501(a)(1), Nov. 30, 1989, 103 Stat. 1707, § 1592; renumbered § 1596, Pub. L. 101–510, div. A, title XIV, § 1484(a), Nov. 5, 1990, 104 Stat. 1715; amended Pub. L. 104–201, div. A, title XVI, § 1633(e)(2), Sept. 23, 1996, 110 Stat. 2752; Pub. L. 106–398, § 1 [[div. A], title XI, § 1131(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–317.)
§ 1596a.
Foreign language proficiency: special pay for proficiency beneficial for other national security interests
(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; 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.
(Added Pub. L. 106–398, § 1 [[div. A], title XI, § 1131(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–317; amended Pub. L. 108–375, div. A, title XI, § 1102(a), Oct. 28, 2004, 118 Stat. 2072.)
§ 1596b.
Foreign language proficiency: National Foreign Language Skills Registry
(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.
(Added Pub. L. 107–314, div. A, title X, § 1064(a)(1), Dec. 2, 2002, 116 Stat. 2653.)
§ 1597.
Civilian positions: guidelines for reductions
(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. In establishing the guidelines, the Secretary shall ensure that nothing in the guidelines conflicts with the requirements of section 129 of this title or the policies and procedures established under section 129a of this title. 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)
Exceptions.—
The Secretary of Defense may permit a variation from the guidelines established under subsection (b) 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.
(d)
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.
(e)
Reductions Based Primarily on Performance.—
The Secretary of Defense shall establish procedures to provide that, in implementing any reduction in force for civilian positions in the Department of Defense in the competitive service or the excepted service, the determination of which employees shall be separated from employment in the Department shall be made primarily on the basis of performance, as determined under any applicable performance management system.
(Added Pub. L. 101–510, div. A, title III, § 322(a)(1), Nov. 5, 1990, 104 Stat. 1528; amended Pub. L. 102–484, div. A, title III, § 371(a), Oct. 23, 1992, 106 Stat. 2382; Pub. L. 103–35, title II, § 201(d)(1), May 31, 1993, 107 Stat. 98; Pub. L. 103–160, div. A, title III, § 363, Nov. 30, 1993, 107 Stat. 1628; Pub. L. 112–81, div. A, title IX, § 933(b), Dec. 31, 2011, 125 Stat. 1544; Pub. L. 114–92, div. A, title XI, § 1101(a), Nov. 25, 2015, 129 Stat. 1022; Pub. L. 115–91, div. A, title X, § 1051(a)(6)(A), Dec. 12, 2017, 131 Stat. 1560.)
§ 1598.
Assistance to terminated employees to obtain certification and employment as teachers or employment as teachers’ aides
(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) 1
1 See References in Text note below.
of this title, as in effect on October 4, 1999, to begin the school year after obtaining that certification or licensure; or
(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) 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 1 of this title, as in effect on October 4, 1999, shall apply with respect to the placement program authorized by this section.
(Added Pub. L. 102–484, div. D, title XLIV, § 4442(a), Oct. 23, 1992, 106 Stat. 2730; amended Pub. L. 103–35, title II, § 201(h)(1), May 31, 1993, 107 Stat. 100; Pub. L. 103–160, div. A, title XIII, § 1331(c)(2), Nov. 30, 1993, 107 Stat. 1792; Pub. L. 103–382, title III, § 391(b)(3), Oct. 20, 1994, 108 Stat. 4021; Pub. L. 104–106, div. A, title XV, § 1503(a)(14), Feb. 10, 1996, 110 Stat. 511; Pub. L. 104–201, div. A, title V, § 576(b), Sept. 23, 1996, 110 Stat. 2535; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(11)], Oct. 30, 2000, 114 Stat. 1654, 1654A–290.)
[§ 1599.
Renumbered § 1611]
§ 1599a.
Financial assistance to certain employees in acquisition of critical skills
(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 Agency Act of 1959 (50 U.S.C. 3614) 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.
(Added Pub. L. 104–93, title V, § 505(a), Jan. 6, 1996, 109 Stat. 973; amended Pub. L. 112–239, div. A, title X, § 1076(f)(20), Jan. 2, 2013, 126 Stat. 1952; Pub. L. 113–291, div. A, title X, § 1071(c)(9), Dec. 19, 2014, 128 Stat. 3509.)
§ 1599b.
Employees abroad: travel expenses; health care
(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.
(Added Pub. L. 104–201, div. A, title XVI, § 1604(a), Sept. 23, 1996, 110 Stat. 2735.)
§ 1599c.
Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces
(a)
In General.—
(1) The Secretary of Defense may, at the discretion of the Secretary, exercise any authority for the appointment and pay of health care personnel under chapter 74 of title 38 for purposes of the recruitment, employment, and retention of civilian health care professionals for the Department of Defense if the Secretary determines that the exercise of such authority is necessary in order to provide or enhance the capacity of the Department to provide care and treatment for members of the armed forces who are wounded or injured on active duty in the armed forces and to support the ongoing patient care and medical readiness, education, and training requirements of the Department of Defense.
(2)
(A)
For purposes of section 3304 of title 5, the Secretary of Defense may—
(i) designate any category of medical or health professional positions within the Department of Defense as a shortage category occupation or critical need occupation; and
(ii) utilize the authority in such section to recruit and appoint qualified persons directly in the competitive service to positions so designated.
(B) In using the authority provided by this paragraph, the Secretary shall apply the principles of preference for the hiring of veterans and other persons established in subchapter I of chapter 33 of title 5.
(C) Any designation by the Secretary for purposes of subparagraph (A)(i) shall be based on an analysis of current and future Department of Defense workforce requirements.
(b)
Termination of Authority.—
(1) The authority of the Secretary of Defense under subsection (a)(1) to exercise authorities available under chapter 74 of title 38 for purposes of the recruitment, employment, and retention of civilian health care professionals for the Department of Defense expires December 31, 2020.
(2) The Secretary may not appoint a person to a position of employment under subsection (a)(2) after December 31, 2020.
(Added Pub. L. 107–107, div. A, title XI, § 1104(a), Dec. 28, 2001, 115 Stat. 1236; amended Pub. L. 110–181, div. A, title XVI, § 1636(a),
§ 1599d.
Financial management positions: authority to prescribe professional certification and credential standards
(a)
Authority To Prescribe Professional Certification and Credential Standards.—
The Secretary of Defense may prescribe professional certification and credential standards for financial management positions within the Department of Defense, including requirements for formal education and requirements for certifications that individuals have met predetermined qualifications set by an agency of Government or by an industry or professional group. Any such professional certification or credential standard shall be prescribed as a Department regulation.
(b)
Waiver.—
The Secretary may waive any standard prescribed under subsection (a) whenever the Secretary determines such a waiver to be appropriate.
(c)
Applicability.—
(1)
Except as provided in paragraph (2), the Secretary may, in the Secretary’s discretion—
(A) require that a standard prescribed under subsection (a) apply immediately to all personnel holding financial management positions designated by the Secretary; or
(B) delay the imposition of such a standard for a reasonable period to permit persons holding financial management positions so designated time to comply.
(2) A formal education requirement prescribed under subsection (a) shall not apply to any person employed by the Department in a financial management position before the standard is prescribed.
(d)
Discharge of Authority.—
The Secretary shall prescribe any professional certification or credential standards under subsection (a) through the Under Secretary of Defense (Comptroller), in consultation with the Under Secretary of Defense for Personnel and Readiness.
(e)
Reports.—
Not later than one year after the effective date of any regulations prescribed under subsection (a), or any significant modification of such regulations, the Secretary shall, in conjunction with the Director of the Office of Personnel Management, submit to Congress a report setting forth the plans of the Secretary to provide training to appropriate Department personnel to meet any new professional certification or credential standard under such regulations or modification.
(f)
Financial Management Position Defined.—
In this section, the term “financial management position” means a position or group of positions (including civilian and military positions), as designated by the Secretary for purposes of this section, that perform, supervise, or manage work of a fiscal, financial management, accounting, auditing, cost, or budgetary nature, or that require the performance of financial management-related work.
(Added Pub. L. 107–314, div. A, title XI, § 1104(a)(1), Dec. 2, 2002, 116 Stat. 2661; amended Pub. L. 110–417, [div. A], title XI, § 1110, Oct. 14, 2008, 122 Stat. 4619; Pub. L. 112–81, div. A, title X, § 1051(a), Dec. 31, 2011, 125 Stat. 1581.)
§ 1599e.
Probationary period for employees
(a)
In General.—
Notwithstanding sections 3321 and 3393(d) of title 5, the appointment of a covered employee shall become final only after such employee has served a probationary period of two years. The Secretary concerned may extend a probationary period under this subsection at the discretion of such Secretary.
(b)
Definitions.—
In this section:
(1)
The term “covered employee” means any individual—
(A) appointed to a permanent position within the competitive service at the Department of Defense; or
(B) appointed as a career appointee (as that term is defined in section 3132(a)(4) of title 5) within the Senior Executive Service at the Department.
(2) 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.
(c)
Employment Becomes Final.—
Upon the expiration of a covered employee’s probationary period under subsection (a), the supervisor of the employee shall determine whether the appointment becomes final based on regulations prescribed for such purpose by the Secretary of Defense.
(d)
Application of Chapter 75 of Title 5 for Employees in the Competitive Service.—
With respect to any individual described in subsection (b)(1)(A) and to whom this section applies, section 7501(1) and section 7511(a)(1)(A)(ii) of title 5 shall be applied to such individual by substituting “completed 2 years” for “completed 1 year” in each instance it appears.
(Added Pub. L. 114–92, div. A, title XI, § 1105(a)(1), Nov. 25, 2015, 129 Stat. 1023.)
§ 1599f.
United States Cyber Command recruitment and retention
(a)
General Authority.—
(1)
The Secretary of Defense may—
(A)
establish, as positions in the excepted service, such qualified positions in the Department of Defense as the Secretary determines necessary to carry out the responsibilities of the United States Cyber Command, including—
(i) positions held by staff of the headquarters of the United States Cyber Command;
(ii) positions held by elements of the United States Cyber Command enterprise relating to cyberspace operations, including elements assigned to the Joint Task Force-Department of Defense Information Networks; and
(iii) positions held by elements of the military departments supporting the United States Cyber Command;
(B) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and
(C) subject to the requirements of subsections (b) and (c), fix the compensation of an individual for service in a qualified position.
(2) The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees.
(b)
Basic Pay.—
(1)
In accordance with this section, the Secretary shall fix the rates of basic pay for any qualified position established under subsection (a)—
(A) in relation to the rates of pay provided for employees in comparable positions in the Department, in which the employee occupying the comparable position performs, manages, or supervises functions that execute the cyber mission of the Department; and
(B) subject to the same limitations on maximum rates of pay established for such employees by law or regulation.
(2)
The Secretary may—
(A) consistent with section 5341 of title 5, adopt such provisions of that title to provide for prevailing rate systems of basic pay; and
(B) apply those provisions to qualified positions for employees in or under which the Department may employ individuals described by section 5342(a)(2)(A) of such title.
(c)
Additional Compensation, Incentives, and Allowances.—
(1) The Secretary may provide employees in qualified positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5.
(2) An employee in a qualified position whose rate of basic pay is fixed under subsection (b)(1) shall be eligible for an allowance under section 5941 of title 5 on the same basis and to the same extent as if the employee was an employee covered by such section, including eligibility conditions, allowance rates, and all other terms and conditions in law or regulation.
(d)
Implementation Plan Required.—
The authority granted in subsection (a) shall become effective 30 days after the date on which the Secretary of Defense provides to the congressional defense committees a plan for implementation of such authority. The plan shall include the following:
(1) An assessment of the current scope of the positions covered by the authority.
(2) A plan for the use of the authority.
(3) An assessment of the anticipated workforce needs of the United States Cyber Command across the future-years defense plan.
(4) Other matters as appropriate.
(e)
Collective Bargaining Agreements.—
Nothing in subsection (a) may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an office, component, subcomponent, or equivalent of the Department that is a successor to an office, component, subcomponent, or equivalent of the Department covered by the agreement before the succession.
(f)
Training.—
(1) The Secretary shall provide training to covered personnel on hiring and pay matters relating to authorities under this section.
(2)
For purposes of this subsection, covered personnel are employees of the Department who—
(A)
carry out functions relating to—
(i) the management of human resources and the civilian workforce of the Department; or
(ii) the writing of guidance for the implementation of authorities regarding hiring and pay under this section; or
(B) are employed in supervisory positions or have responsibilities relating to the hiring of individuals for positions in the Department and to whom the Secretary intends to delegate authority under this section.
(g)
Required Regulations.—
The Secretary, in coordination with the Director of the Office of Personnel Management, shall prescribe regulations for the administration of this section.
(h)
Annual Report.—
(1) Not later than one year after the date of the enactment of this section and not less frequently than once each year thereafter until the date that is five years after the date of the enactment of this section, the Director of the Office of Personnel Management, in coordination with the Secretary, shall submit to the appropriate committees of Congress a detailed report on the administration of this section during the most recent one-year period.
(2)
Each report submitted under paragraph (1) shall include, for the period covered by the report, the following:
(A) A discussion of the process used in accepting applications, assessing candidates, ensuring adherence to veterans’ preference, and selecting applicants for vacancies to be filled by an individual for a qualified position.
(B)
A description of the following:
(i) How the Secretary plans to fulfill the critical need of the Department to recruit and retain employees in qualified positions.
(ii) The measures that will be used to measure progress.
(iii) Any actions taken during the reporting period to fulfill such critical need.
(C) A discussion of how the planning and actions taken under subparagraph (B) are integrated into the strategic workforce planning of the Department.
(D)
The metrics on actions occurring during the reporting period, including the following:
(i) The number of employees in qualified positions hired, disaggregated by occupation, grade, and level or pay band.
(ii) The placement of employees in qualified positions, disaggregated by military department, Defense Agency, or other component within the Department.
(iii) The total number of veterans hired.
(iv) The number of separations of employees in qualified positions, disaggregated by occupation and grade and level or pay band.
(v) The number of retirements of employees in qualified positions, disaggregated by occupation, grade, and level or pay band.
(vi) The number and amounts of recruitment, relocation, and retention incentives paid to employees in qualified positions, disaggregated by occupation, grade, and level or pay band.
(E) A description of the training provided to employees described in subsection (f)(2) on the use of authorities under this section.
(i)
Three-year Probationary Period.—
The probationary period for all employees hired under the authority established in this section shall be three years.
(j)
Incumbents of Existing Competitive Service Positions.—
(1) An individual occupying a position on the date of the enactment of this section that is selected to be converted to a position in the excepted service under this section shall have the right to refuse such conversion.
(2) After the date on which an individual who refuses a conversion under paragraph (1) stops serving in the position selected to be converted, the position may be converted to a position in the excepted service.
(k)
Definitions.—
In this section:
(1)
The term “appropriate committees of Congress” means—
(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.
(2) The term “collective bargaining agreement” has the meaning given that term in section 7103(a)(8) of title 5.
(3) The term “excepted service” has the meaning given that term in section 2103 of title 5.
(4) The term “preference eligible” has the meaning given that term in section 2108(3) of title 5.
(5) The term “qualified position” means a position, designated by the Secretary for the purpose of this section, in which the individual occupying such position performs, manages, or supervises functions that execute the responsibilities of the United States Cyber Command relating to cyber operations.
(6) The term “Senior Executive Service” has the meaning given that term in section 2101a of title 5.
(Added Pub. L. 114–92, div. A, title XI, § 1107(a), Nov. 25, 2015, 129 Stat. 1024; amended Pub. L. 114–328, div. A, title XI, § 1103(a), (b)(2), Dec. 23, 2016, 130 Stat. 2444.)
§ 1599g.
Public-private talent exchange
(a)
Assignment Authority.—
Under regulations prescribed by the Secretary of Defense, the Secretary may, with the agreement of a private-sector organization and the consent of the employee, arrange for the temporary assignment of an employee to such private-sector organization, or from such private-sector organization to a Department of Defense organization under this section.
(b)
Agreements.—
(1)
The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private-sector organization, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section. The agreement—
(A) shall require that the employee of the Department of Defense, upon completion of the assignment, will serve in the Department of Defense, or elsewhere in the civil service if approved by the Secretary, for a period equal to twice the length of the assignment;
(B) shall provide that if the employee of the Department of Defense or of the private-sector organization (as the case may be) fails to carry out the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment, unless that failure was for good and sufficient reason, as determined by the Secretary of Defense; and
(C) shall contain language ensuring that such employee of the Department does not improperly use pre-decisional or draft deliberative information that such employee may be privy to or aware of related to Department programing, budgeting, resourcing, acquisition, or procurement for the benefit or advantage of the private-sector organization.
(2) An amount for which an employee is liable under paragraph (1) shall be treated as a debt due the United States.
(3) The Secretary may waive, in whole or in part, collection of a debt described in paragraph (2) based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States, after taking into account any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee.
(c)
Termination.—
An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the private-sector organization concerned.
(d)
Duration.—
(1) An assignment under this section shall be for a period of not less than three months and not more than two years, renewable up to a total of four years. No employee of the Department of Defense may be assigned under this section for more than a total of 4 years inclusive of all such assignments.
(2) An assignment under this section may be for a period in excess of two years, but not more than four years, if the Secretary determines that such assignment is necessary to meet critical mission or program requirements.
(e)
Status of Federal Employees Assigned to Private-sector Organizations.—
(1) An employee of the Department of Defense who is assigned to a private-sector organization under this section shall be considered, during the period of assignment, to be on detail to a regular work assignment in the Department for all purposes. The written agreement established under subsection (b)(1) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee.
(2)
In establishing a temporary assignment of an employee of the Department of Defense to a private-sector organization, the Secretary of Defense shall—
(A) ensure that the normal duties and functions of such employee can be reasonably performed by other employees of the Department of Defense without the permanent transfer or reassignment of other personnel of the Department of Defense, including members of the armed forces;
(B) ensure that the normal duties and functions of such employees are not, as a result of and during the course of such temporary assignment, performed or augmented by contractor personnel in violation of the provisions of section 2461 of this title; and
(C) certify that the temporary assignment of such employee shall not have an adverse or negative impact on mission attainment, warfighter support, or organizational capabilities associated with the assignment.
(f)
Terms and Conditions for Private-sector Employees.—
An employee of a private-sector organization who is assigned to a Department of Defense organization under this section—
(1) shall continue to receive pay and benefits from the private-sector organization from which such employee is assigned and shall not receive pay or benefits from the Department of Defense, except as provided in paragraph (2);
(2)
is deemed to be an employee of the Department of Defense for the purposes of—
(A) chapters 73 and 81 of title 5;
(B)
(C) sections 1343, 1344, and 1349(b) of title 31;
(D) the Federal Tort Claims Act and any other Federal tort liability statute;
(E) the Ethics in Government Act of 1978; and
(F) chapter 21 of title 41;
(3) shall not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private-sector organization from which such employee is assigned;
(4) may perform work that is considered inherently governmental in nature only when requested in writing by the Secretary of Defense; and
(5) may not be used to circumvent the provision of section 2461 of this title nor to circumvent any limitation or restriction on the size of the Department’s workforce.
(g)
Prohibition Against Charging Certain Costs to the Federal Government.—
A private-sector organization may not charge the Department or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department organization under this section for the period of the assignment.
(h)
Considerations.—
In carrying out this section, the Secretary of Defense—
(1) shall ensure that, of the assignments made under this section each year, at least 20 percent are from small business concerns (as defined by section 3703(e)(2)(A) of title 5);
(2) shall take into consideration the question of how assignments under this section might best be used to help meet the needs of the Department of Defense with respect to the training of employees; and
(3) shall take into consideration, where applicable, areas of particular private sector expertise, such as cybersecurity.
(i)
Conflicts of Interest.—
A private-sector organization that is temporarily assigned a member of the acquisition workforce under this section shall not be considered to have a conflict of interest with the Department of Defense solely because of participation in the program established under this section.
(j)
Funding; Use of Defense Acquisition Workforce Development Fund.—
Funds for the expenses for the program established under this section may be provided from amounts in the Department of Defense Acquisition Workforce Development Fund. Expenses for the program include—
(1) notwithstanding section 1705(e)(5) of this title, the base salary of a civilian member of the acquisition workforce assigned to a private-sector organization under this section, during the period of that assignment;
(2) expenses relating to assignment under this section of a member of the acquisition workforce away from the member’s regular duty station, including expenses for travel, per diem, and lodging; and
(3) expenses for the administration of the program.
(Added Pub. L. 114–328, div. A, title XI, § 1104(a), Dec. 23, 2016, 130 Stat. 2445; amended Pub. L. 116–92, div. A, title VIII, § 863(a), title XI, § 1116, Dec. 20, 2019, 133 Stat. 1522, 1604.)
§ 1599h.
Personnel management authority to attract experts in science and engineering
(a)
Programs Authorized.—
(1)
Laboratories of the military departments.—
The Secretary of Defense may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for such laboratories of the military departments as the Secretary shall designate for purposes of the program for research and development projects of such laboratories.
(2)
DARPA.—
The Director of the Defense Advanced Research Projects Agency may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Agency.
(3)
DOTE.—
The Director of the Office of Operational Test and Evaluation may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering to support operational test and evaluation missions of the Office.
(4)
Strategic capabilities office.—
The Director of the Strategic Capabilities Office may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Office.
(5)
DIU.—
The Director of the Defense Innovation Unit may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Unit.
(6)
Joint artificial intelligence center.—
The Director of the Joint Artificial Intelligence Center may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Center. The authority to carry out the program under this paragraph shall terminate on December 31, 2024.
(b)
Personnel Management Authority.—
Under a program under subsection (a), the official responsible for administration of the program may—
(1)
without regard to any provision of title 5 governing the appointment of employees in the civil service—
(A) in the case of the laboratories of the military departments designated pursuant to subsection (a)(1), appoint scientists and engineers to a total of not more than 40 scientific and engineering positions in such laboratories;
(B) in the case of the Defense Advanced Research Projects Agency, appoint individuals to a total of not more than 140 positions in the Agency, of which not more than 5 such positions may be positions of administration or management of the Agency;
(C) in the case of the Office of Operational Test and Evaluation, appoint scientists and engineers to a total of not more than 10 scientific and engineering positions in the Office;
(D) in the case of the Strategic Capabilities Office, appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in the Office;
(E) in the case of the Defense Innovation Unit, appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in the Unit; and
(F) in the case of the Joint Artificial Intelligence Center, appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in the Center;
(2)
notwithstanding any provision of title 5 governing the rates of pay or classification of employees in the executive branch, prescribe the rates of basic pay for positions to which employees are appointed under paragraph (1)—
(A) in the case of employees appointed pursuant to paragraph (1)(B) to any of 5 positions designated by the Director of the Defense Advanced Research Projects Agency for purposes of this subparagraph, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at Level I of the Executive Schedule under section 5312 of title 5; and
(B) in the case of any other employee appointed pursuant to paragraph (1), at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5; and
(3) pay any employee appointed under paragraph (1), other than an employee appointed to a position designated as described in paragraph (2)(A), payments in addition to basic pay within the limit applicable to the employee under subsection (d).
(c)
Limitation on Term of Appointment.—
(1)
In general.—
Except as provided in paragraph (2), the service of an employee under an appointment under subsection (b)(1) may not exceed four years.
(2)
Extension.—
The official responsible for the administration of a program under subsection (a) may, in the case of a particular employee under the program, extend the period to which service is limited under paragraph (1) by up to two years if the official determines that such action is necessary to promote the efficiency of a laboratory of a military department, the Defense Advanced Research Projects Agency, the Office of Operational Test and Evaluation, the Strategic Capabilities Office, the Defense Innovation Unit, or the Joint Artificial Intelligence Center, as applicable.
(d)
Maximum Amount of Additional Payments Payable.—
Notwithstanding any other provision of this section or section 5307 of title 5, no additional payments may be paid to an employee under subsection (b)(3) in any calendar year if, or to the extent that, the employee’s total annual compensation in such calendar year will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3.
(Added Pub. L. 114–328, div. A, title XI, § 1121(a)(1), Dec. 23, 2016, 130 Stat. 2451; amended Pub. L. 115–232, div. A, title XI, § 1111, Aug. 13, 2018, 132 Stat. 2011; Pub. L. 116–92, div. A, title II, § 212, title XI, § 1101, Dec. 20, 2019, 133 Stat. 1255, 1595.)