§1581 — Title 10 Armed Forces | U.S. Code

Summary

The Treasury must keep a special account called the "Foreign National Employees Separation Pay Account, Defense." The Secretary of Defense must put into that account all money from the proper appropriations that is set aside to pay separation pay for foreign nationals who work for the Department of Defense or who work for a foreign government for the benefit of the Department under contracts, treaties, or memorandums of understanding. Money in the account can only be used for those separation-pay obligations and stays available until spent. If money is deobligated (taken back), it can be used for two years to record, fix, or pay the correct claims; any left after two years is canceled.

Title 10, §1581

Armed Forces — Source: USLM XML via OLRC

(a)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)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)Amounts in the account shall remain available for expenditure in accordance with the purpose for which obligated until expended.

(d)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)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1581, acts Aug. 10, 1956, ch. 1041, 70A Stat. 118; Sept. 2, 1958, Pub. L. 85–861, § 1(34), 72 Stat. 1456; May 29, 1959, Pub. L. 86–36, § 3, 73 Stat. 63; Sept. 23, 1959, Pub. L. 86–377, § 2, 73 Stat. 701; Oct. 4, 1961, Pub. L. 87–367, title II, § 203, 75 Stat. 790; Oct. 11, 1962, Pub. L. 87–793, § 1001(b), 76 Stat. 863, provided for appointment of a limited number of civilian research and development personnel and prescribed their relationship to civil service provisions, prior to repeal by Pub. L. 97–295, § 1(19)(A), Oct. 12, 1982, 96 Stat. 1290.

Amendments

2001—Subsec. (b). Pub. L. 107–107 struck out par. (2) designation and “on or after

December 5, 1991,” after “all amounts obligated” and struck out par. (1) which read as follows: “The Secretary of the Treasury shall deposit into the account all amounts that were obligated by the Secretary of Defense before

December 5, 1991, and that remain unexpended for separation pay for foreign nationals referred to in subsection (e).” 1994—Subsecs. (a), (b). Pub. L. 103–337, § 346(1), substituted “foreign nationals referred to in subsection (e)” for “foreign national employees of the Department of Defense” wherever appearing. Subsec. (e). Pub. L. 103–337, § 346(2), added subsec. (e) and struck out former subsec. (e) which read as follows: “Employees Covered.—This section applies only with respect to separation pay of foreign nationals employed by the Department of Defense under any of the following agreements that provide for payment of separation pay: “(1) A contract. “(2) A treaty. “(3) A memorandum of understanding with a foreign nation.” 1992—Subsec. (b)(1), (2). Pub. L. 102–484 substituted “

December 5, 1991,” for “the date of the enactment of this section”.

§1581 Foreign National Employees Separation Pay Account