Sec. 1421. Limitation on furlough of Department of Defense employees paid through working-capital funds
232 words·~1 min read·
/bill/114/hr/1735/eh/section-1421·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2208 of title 10, United States Code, is amended by adding at the end the following new subsection: Except as provided under paragraph (2), the Secretary of Defense or the Secretary of a military department may not furlough any employee of the Department of Defense whose salary is funded by a working-capital fund unless the Secretary determines that— the working-capital fund is insolvent; or there are insufficient funds in the working-capital fund to pay the labor costs of the employee. The Secretary of Defense or the Secretary of a military department may waive the restriction under paragraph
(1)if the Secretary determines such a waiver is in the interest of the national security of the United States. If the Secretary furloughs any employee referred to in paragraph (1), the Secretary shall submit to Congress, by no later than 30 days before initiating the furlough, notice of the furlough that includes a certification that, as a result of the proposed furlough, none of the work performed by any employee of the Department of Defense will be shifted to any Department of Defense civilian employee, contractor, or member of the Armed Forces. In this subsection, the term furlough means the placement, for nondisciplinary reasons, of an employee in a temporary status in which the employee has no duties and is not paid, but does not include administrative leave or an excused absence. .