10 U.S.C. § 1581

Foreign National Employees Separation Pay Account

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(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.)Editorial NotesPrior 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”.

Notes of Decisions

Cited in 6 cases, 1942–1976 · leading case: Girouard v. United States, 328 U.S. 61 (1946).

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Girouard v. United States, 328 U.S. 61 (1946). “809 , 10 U.S.C. § 1581 . Congress has thus recognized that one may adequately discharge his obligations as a citizen by rendering non-combatant as well as combatant services.”

Am. Fed'n of Gov't Employees v. Hoffmann, 427 F. Supp. 1048 (N.D. Ala. 1976). “Plaintiffs’ counsel argued that 10 U.S.C. § 1581 is a similar statute which gives plaintiffs standing to sue in this case.”

Kellerman v. United States, 205 Ct. Cl. 484 (Ct. Cl. 1974). · cites it 2× “313, codified in 10 U.S.C. § 1581 (1970), authorizes the Secretary of Defense to establish, up to 530 specialized civilian positions to carry out research and development relating to the national defense.”

United States v. Canella, 63 F. Supp. 377 (S.D. Cal. 1945). “It reads: “I, -, do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America; that I will serve them honestly alnd faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States…”

Smith v. Richart, 53 F. Supp. 582 (E.D.S.C. 1944). “— Upon completion of the physical examination and after certification by a medical officer, selectees found to be physically and mentally fit for general military service will be inducted. “e. Induction ceremony. (1) The induction will be performed by an officer in a short,…”

United States ex rel. Diamond v. Smith, 47 F. Supp. 607 (D. Mass. 1942). “787 , 809, 10 U.S.C.A. § 1581 , reads: “At the time of his enlistment every soldier shall take the following oath or affirmation: [here the oath is set out].”

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