
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1586]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 81--CIVILIAN EMPLOYEES
 
Sec. 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, Sec. 1, July 5, 1960, 74 Stat. 325; amended Pub. 
L. 89-718, Sec. 15, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 90-83, 
Sec. 3(3), Sept. 11, 1967, 81 Stat. 220; Pub. L. 96-513, title V, 
Sec. 511(61), Dec. 12, 1980, 94 Stat. 2925; Pub. L. 96-600, Sec. 1, Dec. 
24, 1980, 94 Stat. 3493; Pub. L. 97-295, Sec. 1(20)(A), Oct. 12, 1982, 
96 Stat. 1290; Pub. L. 98-525, title XIV, Sec. 1405(29), Oct. 19, 1984, 
98 Stat. 2623; Pub. L. 101-189, div. A, title XVI, Sec. 1622(e)(4), Nov. 
29, 1989, 103 Stat. 1605.)


                               Amendments

    1989--Subsec. (g). Pub. L. 101-189, in introductory provisions, 
substituted ``In this section:'' for ``For the purposes of this 
section--'', in par. (1), inserted ``The term'' before `` `rotation' '' 
and substituted the period for ``; and'', and in par. (2), inserted 
``The term'' before `` `grade' ''.
    1984--Subsec. (b). Pub. L. 98-525, Sec. 1405(29)(A)(iii), in 
provisions following par. (3) struck out ``of this subsection'' after 
``paragraphs (2) and (3)''.
    Subsec. (b)(3). Pub. L. 98-525, Sec. 1405(29)(A)(i), (ii), 
substituted ``30'' for ``thirty'' and struck out ``of this section'' 
after ``subsection (c)''.
    Subsec. (c). Pub. L. 98-525, Sec. 1405(29)(B)(i), in provisions 
preceding par. (1) substituted ``30'' for ``thirty''.
    Subsec. (c)(3). Pub. L. 98-525, Sec. 1405(29)(B)(ii), (iv), 
substituted ``90 days'' for ``ninety days'' and struck out ``of this 
subsection'' after ``paragraph (2)''.
    Subsec. (c)(4). Pub. L. 98-525, Sec. 1405(29)(B)(ii), (iv), 
substituted ``90 days'' for ``ninety days'' and struck out ``of this 
subsection'' after ``paragraph (3)''.
    Subsec. (c)(5). Pub. L. 98-525, Sec. 1405(29)(B)(iii)-(v), 
substituted ``90-day'' for ``ninety-day'', struck out ``of this 
subsection'' after ``paragraphs (3) and (4)'', and struck out ``such'' 
before ``paragraph (4)''.
    Subsec. (c)(6). Pub. L. 98-525, Sec. 1405(29)(B)(vi), struck out 
``of this subsection'' after ``paragraph (1)'' and ``of this 
subsection,'' after ``as applicable,''.
    Subsec. (d). Pub. L. 98-525, Sec. 1405(29)(C), struck out ``of this 
section'' after ``subsection (c)''.
    Subsec. (e)(1). Pub. L. 98-525, Sec. 1405(29)(C), struck out ``of 
this section'' after ``subsection (c)(1)''.
    Subsec. (e)(2). Pub. L. 98-525, Sec. 1405(29)(D), struck out ``of 
this subsection'' after ``paragraph (1)''.
    Subsec. (g)(1). Pub. L. 98-525, Sec. 1405(29)(C), struck out ``of 
this section'' after ``subsection (b)''.
    1982--Subsecs. (d), (e)(1). Pub. L. 97-295 substituted ``pay'' for 
``compensation'' wherever appearing.
    1980--Subsecs. (c)(5), (e)(2). Pub. L. 96-513 substituted ``Office 
of Personnel Management'' for ``United States Civil Service 
Commission''.
    Subsec. (h). Pub. L. 96-600 added subsec. (h).
    1967--Subsec. (g)(2). Pub. L. 90-83 substituted ``General Schedule 
as prescribed in section 5104 of title 5'' for ``compensation schedule 
for the General Schedule of the Classification Act of 1949, as 
amended,''.
    1966--Pub. L. 89-718 substituted ``sections 3501-3503 of title 5'' 
for ``section 12 of the Act of June 27, 1944 (5 U.S.C. 861)'' wherever 
appearing.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.

              Ex. Ord. No. 10895. Duty in Alaska or Hawaii

    Ex. Ord. No. 10895, Nov. 25, 1960, 25 F.R. 12165, provided:
    By virtue of the authority vested in me by section 1586(f) of title 
10 of the United States Code, and as President of the United States, and 
having determined that such action is necessary in the national 
interest, it is ordered as follows:
    Section 1. Assignment of an employee to duty in the State of Alaska 
or Hawaii under regulations prescribed pursuant to section 1586 of title 
10 of the United States Code shall be held and considered for the 
purposes of that section, to be an assignment to duty outside the United 
States.
    Sec. 2. The Secretary of Defense shall from time to time, and at 
least annually, consider the need for continuing this order in effect, 
and he shall recommend the revocation thereof at such time as he may 
deem such action advisable.
                                                   Dwight D. Eisenhower.
