US Code

Public Law 119-87 (04/30/2026)

10 U.S.C. § 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.

Pub. L. 102–190, div. A, title X, § 1003(a)(1)105 Stat. 1456 Pub. L. 102–484, div. A, title X, § 1052(20)106 Stat. 2500 Pub. L. 103–337, div. A, title III, § 346108 Stat. 2724 Pub. L. 107–107, div. A, title X, § 1048(e)(2)115 Stat. 1227 (Added , , ; amended , , ; , , ; , , .)

Editorial Notes

Prior Provisions

Aug. 10, 1956, ch. 1041 70A Stat. 118 Pub. L. 85–861, § 1(34)72 Stat. 1456 Pub. L. 86–36, § 373 Stat. 63 Pub. L. 86–377, § 273 Stat. 701 Pub. L. 87–367, title II, § 20375 Stat. 790 Pub. L. 87–793, § 1001(b)76 Stat. 863 Pub. L. 97–295, § 1(19)(A)96 Stat. 1290 A prior section 1581, acts , ; , , ; , , ; , , ; , , ; , , , 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 , , .

Amendments

Pub. L. 107–1072001—Subsec. (b). struck out par. (2) designation and “on or after ,” 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 , and that remain unexpended for separation pay for foreign nationals referred to in subsection (e).”

Pub. L. 103–337, § 346(1)1994—Subsecs. (a), (b). , substituted “foreign nationals referred to in subsection (e)” for “foreign national employees of the Department of Defense” wherever appearing.

Pub. L. 103–337, § 346(2)Employees CoveredSubsec. (e). , added subsec. (e) and struck out former subsec. (e) which read as follows: “.—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.”

Pub. L. 102–4841992—Subsec. (b)(1), (2). substituted “,” for “the date of the enactment of this section”.