Sec.
1580.
Emergency essential employees: designation.
1580a.
Emergency essential employees: notification of required participation in anthrax vaccine immunization program.
1581.
Foreign National Employees Separation Pay Account.
1582.
Assistive technology, assistive technology devices, and assistive technology services.
1583.
Employment of certain persons without pay.
1584.
Employment of non-citizens.
1585.
Carrying of firearms.
1585a.
Special agents of the Defense Criminal Investigative Service: authority to execute warrants and make arrests.
1586.
Rotation of career-conditional and career employees assigned to duty outside the United States.
1587.
Employees of nonappropriated fund instrumentalities: reprisals.
1587a.
Employees of nonappropriated fund instrumentalities: senior executive pay levels.
1588.
Authority to accept certain voluntary services.
1589.
Participation in management of specified non-Federal entities: authorized activities.
[1590.
Repealed.]
1591.
Reimbursement for travel and transportation expenses when accompanying Members of Congress.
1592.
Prohibition on payment of severance pay to foreign nationals in the event of certain overseas base closures.
1593.
Uniform allowance: civilian employees.
1594.
Reimbursement for financial institution charges incurred because of Government error in direct deposit of pay.
1595.
Civilian faculty members at certain Department of Defense schools: employment and compensation.
1596.
Foreign language proficiency: special pay for proficiency beneficial for intelligence interests.
1596a.
Foreign language proficiency: special pay for proficiency beneficial for other national security interests.
1596b.
Foreign language proficiency: National Foreign Language Skills Registry.
1597.
Civilian positions: guidelines for reductions.
1598.
Assistance to terminated employees to obtain certification and employment as teachers or employment as teachers’ aides.
[1599.
Renumbered.]
1599a.
Financial assistance to certain employees in acquisition of critical skills.
1599b.
Employees abroad: travel expenses; health care.
1599c.
Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces.
1599d.
Professional accounting positions: authority to prescribe certification and credential standards.
Amendments
2008—
Pub. L. 110–181, div. A, title XVI, § 1636(b), Jan. 28, 2008,
122 Stat. 464, added item 1599c and struck out former item 1599c “Appointment in excepted service of certain health care professionals”.
2004—
Pub. L. 108–375, div. A, title XI, § 1104(b), Oct. 28, 2004,
118 Stat. 2074, added item 1587a.
Pub. L. 108–375, div. A, title X, § 1084(g), Oct. 28, 2004,
118 Stat. 2064, amended directory language of
Pub. L. 107–314, § 1064(a)(2), effective Dec. 2, 2002, as if included in
Pub. L. 107–314 as enacted. See 2002 Amendment note below.
2002—
Pub. L. 107–314, div. A, title XI, § 1104(a)(2), Dec. 2, 2002,
116 Stat. 2661, added item 1599d.
Pub. L. 107–314, div. A, title X, § 1064(a)(2), Dec. 2, 2002,
116 Stat. 2654, as amended by
Pub. L. 108–375, div. A, title X, § 1084(g), Oct. 28, 2004,
118 Stat. 2064, added item 1596b.
2001—
Pub. L. 107–107, div. A, title XI, § 1104(b), Dec. 28, 2001,
115 Stat. 1238, added item 1599c.
2000—
Pub. L. 106–398, § 1 [[div. A], title VII, § 751(c)(2), title XI, §§ 1102(b),
1131
(c)], Oct. 30, 2000,
114 Stat. 1654, 1654A–194, 1654A–311, 1654A–317, added items 1580a, 1582, 1596, and 1596a and struck out former item 1596 “Foreign language proficiency: special pay”.
1999—
Pub. L. 106–65, div. A, title XI, § 1103(b)(2), Oct. 5, 1999,
113 Stat. 777, added item 1580.
1998—
Pub. L. 105–339, § 6(c)(1)(B), Oct. 31, 1998,
112 Stat. 3188, struck out item 1599c “Veterans’ preference requirements: Department of Defense failure to comply treated as a prohibited personnel practice”.
1997—
Pub. L. 105–85, div. A, title V, § 593(b)(2), title X, § 1071(b), Nov. 18, 1997,
111 Stat. 1764, 1898, added items 1585a and 1589.
1996—
Pub. L. 104–201, div. A, title X, § 1074(a)(7), title XVI, §§ 1604(b),
1614
(b)(2),
1615
(a)(2),
1633
(c)(2), Sept. 23, 1996,
110 Stat. 2659, 2736, 2739, 2741, 2751, struck out items 1589 “Prohibition on payment of lodging expenses when adequate Government quarters are available”, 1590 “Management of civilian intelligence personnel of the military departments”, and 1599 “Postemployment assistance: certain terminated intelligence employees”, struck out “Sec.” at beginning of item 1599a, and added items 1599b and 1599c.
Pub. L. 104–106, div. A, title X, § 1040(d)(2), Feb. 10, 1996,
110 Stat. 433, inserted “: reprisals” after “instrumentalities” in item 1587.
Pub. L. 104–93, title V, § 505(b), Jan. 6, 1996,
109 Stat. 974, added item 1599a.
1994—
Pub. L. 103–359, title VIII, § 806(a)(2), Oct. 14, 1994,
108 Stat. 3442, added item 1599.
1993—
Pub. L. 103–160, div. A, title IX, § 923(a)(2), Nov. 30, 1993,
107 Stat. 1731, substituted “Civilian faculty members at certain Department of Defense schools: employment and compensation” for “National Defense University; Foreign Language Center of the Defense Language Institute: civilian faculty members” in item 1595.
1992—
Pub. L. 102–484, div. A, title III, § 371(b), title IX, § 923(a)(2)(B), div. D, title XLIV, § 4442(b), Oct. 23, 1992,
106 Stat. 2384, 2474, 2732, substituted “University; Foreign Language Center of the Defense Language Institute” for “University:” in item 1595, substituted “Civilian positions: guidelines for reductions” for “Employees of industrial-type or commercial-type activities: guidelines for future reductions” in item 1597, and added item 1598.
1991—
Pub. L. 102–190, div. A, title X, § 1003(a)(2), Dec. 5, 1991,
105 Stat. 1456, added item 1581.
Pub. L. 102–25, title VII, § 701(e)(4), (8)(B), Apr. 6, 1991,
105 Stat. 114, 115, substituted “Employment of non-citizens” for “Laws relating to employment of non-citizens: not applicable to research and development activities” in item 1584 and struck out “mandatory” after “error in” in item 1594.
1990—
Pub. L. 101–510, div. A, title III, § 322(a)(2), title XIV, § 1484(a), Nov. 5, 1990,
104 Stat. 1529, 1715, redesignated item 1592 “Foreign language proficiency: special pay” as item 1596 and added item 1597.
1989—
Pub. L. 101–193, title V, § 501(a)(2), Nov. 30, 1989,
103 Stat. 1708, added item 1592 “Foreign language proficiency: special pay”.
Pub. L. 101–189, div. A, title III, §§ 311(b)(2),
336
(a)(2), title VI, § 664(b)(2), title XI, § 1124(a)(2), Nov. 29, 1989,
103 Stat. 1412, 1419, 1467, 1558, added item 1592 “Prohibition on payment of severance pay to foreign nationals in the event of certain overseas base closures.”, and items 1593 to 1595.
1987—
Pub. L. 100–180, div. A, title VI, § 617(b)(2), Dec. 4, 1987,
101 Stat. 1097, added item 1591.
1986—
Pub. L. 99–569, title V, § 504(b), Oct. 27, 1986,
100 Stat. 3199, added item 1590.
1984—
Pub. L. 98–525, title XIV, § 1401(f)(2), Oct. 19, 1984,
98 Stat. 2618, added item 1589.
1983—
Pub. L. 98–94, title XII, §§ 1253(a)(2),
1266
(b), Sept. 24, 1983,
97 Stat. 700, 705, added items 1587 and 1588.
1982—
Pub. L. 97–295, § 1(19)(B), (20)(C), Oct. 12, 1982,
96 Stat. 1290, struck out items 1581 “Appointment: professional and scientific services” and 1582 “Professional and scientific services: reports to Congress on appointments”, and substituted “pay” for “compensation” in item 1583.
1966—
Pub. L. 89–718, § 13, Nov. 2, 1966,
80 Stat. 1117, struck out item 1580 “Appointment generally”.
1962—
Pub. L. 87–651, title II, § 206(b), Sept. 7, 1962,
76 Stat. 520, added item 1580.
1960—
Pub. L. 86–585, § 2, July 5, 1960,
74 Stat. 327, added item 1586.
1958—
Pub. L. 85–577, § 1(2), July 31, 1958,
72 Stat. 456, added item 1585.
Direct Hire Authority at Personnel Demonstration Laboratories for Certain Candidates
Pub. L. 110–417, [div. A], title XI, § 1108, Oct. 14, 2008,
122 Stat. 4618, provided that:
“(a) Authority.—The Secretary of Defense may appoint qualified candidates possessing an advanced degree to positions described in subsection (b) without regard to the provisions of subchapter
I of chapter
33 of title
5, United States Code, other than sections 3303 and 3328 of such title.
“(b) Applicability.—This section applies with respect to candidates for scientific and engineering positions within any laboratory identified in section
9902
(c)(2) of title
5, United States Code.
“(c) Limitation.—(1) Authority under this section may not, in any calendar year and with respect to any laboratory, be exercised with respect to a number of candidates greater than the number equal to 2 percent of the total number of scientific and engineering positions within such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year.
“(2) For purposes of this subsection, positions and candidates shall be counted on a full-time equivalent basis.
“(d) Employee Defined.—As used in this section, the term ‘employee’ has the meaning given such term by section
2105 of title
5, United States Code.
“(e) Termination.—The authority to make appointments under this section shall not be available after December 31, 2013.”
Employment for Resettled Iraqis
Pub. L. 110–417, [div. A], title XII, § 1235, Oct. 14, 2008,
122 Stat. 4641, provided that:
“(a) In General.—The Secretary of Defense and the Secretary of State are authorized to jointly establish and operate a temporary program to offer employment as translators, interpreters, or cultural awareness instructors to individuals described in subsection (b). Individuals described in such subsection may be appointed to temporary positions of one year or less outside Iraq with either the Department of Defense or the Department of State, without competition and without regard for the provisions of chapter
51 and subchapter
III of chapter
53 of title
5, United States Code. Such individuals may also be hired as personal services contractors by either of such Departments to provide translation, interpreting, or cultural awareness instruction, except that such individuals so hired shall not by virtue of such employment be considered employees of the United States Government, except for purposes of chapter
81 of title
5, United States Code, and chapter
171 of title
28, United States Code.
“(b) Eligibility.—Individuals referred to in subsection (a) are Iraqi nationals who—
“(1) have received a special immigrant visa issued pursuant to section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163) [
8 U.S.C.
1101 note ] or section 1244 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) [
8 U.S.C.
1157 note ]; and
“(2) are lawfully present in the United States.
“(c) Funding.—
“(1) In general.—Except as provided in paragraph (2), the program established under subsection (a) shall be funded from the annual general operating budget of the Department of Defense.
“(2) Exception.—The Secretary of State shall reimburse the Department of Defense for any costs associated with individuals described in subsection (b) whose work is for or on behalf of the Department of State.
“(d) Rule of Construction Regarding Access to Classified Information.—Nothing in this section may be construed as affecting in any manner practices and procedures regarding the handling of or access to classified information.
“(e) Information Sharing.—The Secretary of Defense and the Secretary of State shall work with the Secretary of Homeland Security and the Office of Refugee Resettlement of the Department of Health and Human Services to ensure that individuals described in subsection (b) are informed of the program established under subsection (a).
“(f) Regulation.—The Secretary of Defense, jointly with the Secretary of State and with the concurrence of the Director of the Office of Personnel Management, shall prescribe such regulations as are necessary to carry out the program established under subsection (a), including ensuring the suitability for employment described in subsection (a) of individuals described in subsection (b), determining the number of positions, and establishing pay scales and hiring procedures.
“(g) Termination.—
“(1) In general.—Except as provided in paragraph (2), the program established under subsection (a) shall terminate on December 31, 2014.
“(2) Earlier termination.—If the Secretary of Defense, jointly with the Secretary of State, determines that the program established under subsection (a) should terminate before the date specified in paragraph (1), the Secretaries may terminate the program if the Secretaries notify Congress in writing of such termination at least 180 days before such termination.”
Strategic Human Capital Plan for Civilian Employees of the Department of Defense
Pub. L. 110–181, div. A, title VIII, § 851, Jan. 28, 2008,
122 Stat. 247, provided that:
“(a) In General.—In the update of the strategic human capital plan for 2008, and in each subsequent update, the Secretary of Defense shall include a separate section focused on the defense acquisition workforce, including both military and civilian personnel.
“(b) Funding.—The section shall contain—
“(1) an identification of the funding programmed for defense acquisition workforce improvements, including a specific identification of funding provided in the Department of Defense Acquisition Workforce Fund established under section
1705 of title
10, United States Code (as added by section 852 of this Act);
“(2) an identification of the funding programmed for defense acquisition workforce training in the future-years defense program, including a specific identification of funding provided by the acquisition workforce training fund established under section 37(h)(3) of the Office of Federal Procurement Policy Act (
41 U.S.C.
433
(h)(3));
“(3) a description of how the funding identified pursuant to paragraphs (1) and (2) will be implemented during the fiscal year concerned to address the areas of need identified in accordance with subsection (c);
“(4) a statement of whether the funding identified under paragraphs (1) and (2) is being fully used; and
“(5) a description of any continuing shortfall in funding available for the defense acquisition workforce.
“(c) Areas of Need.—The section also shall identify any areas of need in the defense acquisition workforce, including—
“(1) gaps in the skills and competencies of the current or projected defense acquisition workforce;
“(2) changes to the types of skills needed in the current or projected defense acquisition workforce;
“(3) incentives to retain in the defense acquisition workforce qualified, experienced defense acquisition workforce personnel; and
“(4) incentives for attracting new, high-quality personnel to the defense acquisition workforce.
“(d) Strategic Human Capital Plan Defined.—In this section, the term ‘strategic human capital plan’ means the strategic human capital plan required under section 1122 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163;
119 Stat. 3452; 10 U.S.C. prec. 1580 note).”
Pub. L. 109–163, div. A, title XI, § 1122, Jan. 6, 2006,
119 Stat. 3452, provided that:
“(a) Plan Required.—(1) Not later than one year after the date of the enactment of this Act [Jan. 6, 2006], the Secretary of Defense shall develop and submit to the Committees on Armed Services of the Senate and House of Representatives a strategic plan to shape and improve the civilian employee workforce of the Department of Defense.
“(2) The plan shall be known as the ‘strategic human capital plan’.
“(b) Contents.—The strategic human capital plan required by subsection (a) shall include—
“(1) an assessment of—
“(A) the critical skills and competencies that will be needed in the future civilian employee workforce of the Department of Defense to support national security requirements and effectively manage the Department over the next decade;
“(B) the skills and competencies of the existing civilian employee workforce of the Department and projected trends in that workforce based on expected losses due to retirement and other attrition; and
“(C) gaps in the existing or projected civilian employee workforce of the Department that should be addressed to ensure that the Department has continued access to the critical skills and competencies described in subparagraph (A); and
“(2) a plan of action for developing and reshaping the civilian employee workforce of the Department to address the gaps in critical skills and competencies identified under paragraph (1)(C), including—
“(A) specific recruiting and retention goals, including the program objectives of the Department to be achieved through such goals; and
“(B) specific strategies for development, training, deploying, compensating, and motivating the civilian employee workforce of the Department, including the program objectives of the Department to be achieved through such strategies.
“(c) Annual Updates.—Not later than March 1 of each year from 2007 through 2010, the Secretary shall update the strategic human capital plan required by subsection (a), as previously updated under this subsection.
“(d) Annual Reports.—Not later than March 1 of each year from 2007 through 2010, the Secretary shall submit to the appropriate committees of Congress—
“(1) the update of the strategic human capital plan prepared in such year under subsection (c); and
“(2) the assessment of the Secretary, using results-oriented performance measures, of the progress of the Department of Defense in implementing the strategic human capital plan.
“(e) Comptroller General Review.—Not later than 90 days after the Secretary submits under subsection (a) the strategic human capital plan required by that subsection, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the plan.”