Title 10 — Armed Forces
Part II · Chapter 81 — Civilian Employees
§ 1587. Employees of nonappropriated fund instrumentalities: reprisals
Statutory text
In this section:
The term “nonappropriated fund instrumentality employee” means a civilian employee who is paid from nonappropriated funds of Army and Air Force Exchange Service, Navy Exchange Service Command, Marine Corps exchanges, or any other instrumentality of the United States under the jurisdiction of the armed forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the armed forces. Such term includes a civilian employee of a support organization within the Department of Defense or a military department, such as the Defense Finance and Accounting Service, who is paid from nonappropriated funds on account of the nature of the employee’s duties.
The term “civilian employee” has the meaning given the term “employee” by section 2105(a) of title 5.
The term “personnel action”, with respect to a nonappropriated fund instrumentality employee (or an applicant for a position as such an employee), means—
an appointment;
a promotion;
a disciplinary or corrective action;
a detail, transfer, or reassignment;
a reinstatement, restoration, or reemployment;
a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, or other action described in this paragraph; and
any other significant change in duties or responsibilities that is inconsistent with the employee’s salary or grade level.
Any civilian employee or member of the armed forces who has authority to take, direct others to take, recommend, or approve any personnel action shall not, with respect to such authority, take or fail to take, or threaten to take or fail to take, a personnel action with respect to any nonappropriated fund instrumentality employee (or any applicant for a position as such an employee) as a reprisal for—
a disclosure of information by such an employee or applicant which the employee or applicant reasonably believes evidences—
a violation of any law, rule, or regulation; or
mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
if such disclosure is not specifically prohibited by law and if the information is not specifically required by or pursuant to executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; or
a disclosure by such an employee or applicant to any civilian employee or member of the armed forces designated by law or by the Secretary of Defense to receive disclosures described in clause (1), of information which the employee or applicant reasonably believes evidences—
a violation of any law, rule, or regulation; or
mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
This section does not apply to an employee in a position excluded from the coverage of this section by the President based upon a determination by the President that the exclusion is necessary and warranted by conditions of good administration.
The Secretary of Defense shall be responsible for the prevention of actions prohibited by subsection (b) and for the correction of any such actions that are taken. The authority of the Secretary to correct such actions may not be delegated to the Secretary of a military department or to the Assistant Secretary of Defense for Manpower and Logistics.
The Secretary of Defense, after consultation with the Director of the Office of Personnel Management and the Special Counsel of the Merit Systems Protection Board, shall prescribe regulations to carry out this section. Such regulations shall include provisions to protect the confidentiality of employees and applicants making disclosures described in clauses (1) and (2) of subsection (b) and to permit the reporting of alleged violations of subsection (b) directly to the Inspector General of the Department of Defense.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Department of Defense Authorization Act, 1984
Pub. L. 98–94 title XII § 1253(a)(1) · 97 Stat. 614
Enacted · 10 U.S.C. § 1587
Added Pub. L. 98–94, title XII, § 1253(a)(1), Sept. 24, 1983, 97 Stat. 699
Source evidence
Code source credit
Added Pub. L. 98–94, title XII, § 1253(a)(1), Sept. 24, 1983, 97 Stat. 699Defense Technical Corrections Act of 1987
Pub. L. 100–26 § 7(k)(2) · 101 Stat. 273
Inserted · 10 U.S.C. § 1587(a)
Pub. L. 100–26 inserted “The term” after each par. designation
Struck · 10 U.S.C. § 1587(a)
Pub. L. 100–26 struck out uppercase letter of first word after first quotation marks in each par.
Substituted · 10 U.S.C. § 1587(a)
Pub. L. 100–26 substituted lowercase letter
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–26 inserted “The term” after each par. designation and struck out uppercase letter of first word after first quotation marks in each par. and substituted lowercase letter.Enacted provision · exact public law section
(2) Sections 976(a), 1045(e), 1587(a), 1621, 2006(b), 2120, 2213(e), 2232, 2302 (other than paragraph (3)), 2305a(d), 2350, 2362(e), 2394(c), 2397(a), 2397a(a), 2403(a), 2432(a), 2547(e), 2801(c), and 5001(a) are amended— (A) by inserting “The term” in each paragraph after the paragraph designation; and (B) by revising the first word after the first quotation marks in each paragraph (other than in sections 1045(e), 2006(b)(1), 2213(e)(2), 2232(1), 2350(2), 2801(c)(3), 5001(a)(1), and 5001(a)(2)) so that the initial letter of such word is lower case.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 1040(d)(1) · 110 Stat. 186
Inserted · 10 U.S.C. § 1587
Pub. L. 104–106, § 1040(d)(1), inserted “: reprisals” after “instrumentalities” in section catchline
Source evidence
Code amendment note
Pub. L. 104–106, § 1040(d)(1), inserted “: reprisals” after “instrumentalities” in section catchline.Enacted provision · exact public law section
(1) The heading of such section is amended to read as follows:National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 1040(c) · 110 Stat. 186
Substituted · 10 U.S.C. § 1587(a)(1)
Pub. L. 104–106, § 1040(c), substituted “Navy Exchange Service Command” for “Navy Resale and Services Support Office”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 104–106, § 1040(c), substituted “Navy Exchange Service Command” for “Navy Resale and Services Support Office”.Enacted provision · exact public law section
(c) Technical Amendment.— Subsection (a)(1) of such section is further amended by striking out “Navy Resale and Services Support Office” and inserting in lieu thereof “Navy Exchange Service Command”.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 1040(a) · 110 Stat. 186
Inserted · 10 U.S.C. § 1587(a)(1)
Pub. L. 104–106, § 1040(a), inserted at end “Such term includes a civilian employee of a support organization within the Department of Defense or a military department, such as the Defense Finance and Accounting Service, who is paid from nonappropriated funds on account of the nature of the employee’s duties.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–106, § 1040(a), inserted at end “Such term includes a civilian employee of a support organization within the Department of Defense or a military department, such as the Defense Finance and Accounting Service, who is paid from nonappropriated funds on account of the nature of the employee’s duties.”Enacted provision · exact public law section
(a) Clarification of Definition of Nonappropriated Fund Instrumentality Employee.— Subsection (a)(l) of section 1587 of title 10, United States Code, is amended by adding at the end the following new sentence: “Such term includes a civilian employee of a support organization within the Department of Defense or a military department, such as the Defense Finance and Accounting Service, who is paid from nonappropriated funds on account of the nature of the employee’s duties.”.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 903(a) · 110 Stat. 186
Repealed · 10 U.S.C. § 1587(d)
Pub. L. 104–106, § 903(a), (f)(3), which directed amendment of subsec. (d), eff. Jan. 31, 1997, by substituting “official in the Department of Defense with principal responsibility for personnel and readiness” for “Assistant Secretary of Defense for Manpower and Logistics”, was repealed by Pub. L. 104–201
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–106, § 903(a), (f)(3), which directed amendment of subsec. (d), eff. Jan. 31, 1997, by substituting “official in the Department of Defense with principal responsibility for personnel and readiness” for “Assistant Secretary of Defense for Manpower and Logistics”, was repealed by Pub. L. 104–201.Enacted provision · exact public law section
(a) Effective Date.— The amendments 10 USC 131 note. made by this section 10 USC 131 note, shall take effect on January 31, 1997.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 1040(b) · 110 Stat. 186
Inserted · 10 U.S.C. § 1587(e)
Pub. L. 104–106, § 1040(b), inserted before period at end of second sentence “and to permit the reporting of alleged violations of subsection (b) directly to the Inspector General of the Department of Defense”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–106, § 1040(b), inserted before period at end of second sentence “and to permit the reporting of alleged violations of subsection (b) directly to the Inspector General of the Department of Defense”.Enacted provision · exact public law section
(b) Direct Reporting of Violations.— Subsection (e) of such section is amended in the second sentence by inserting before the period the following: “and to permit the reporting of alleged violations of subsection (b) directly to the Inspector General of the Department of Defense”.National Defense Authorization Act for Fiscal Year 2014
Pub. L. 113–66 div. A title VI § 641 · 127 Stat. 672
Inserted · 10 U.S.C. § 1587(b)
Pub. L. 113–66 inserted “, or threaten to take or fail to take,” after “take or fail to take”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 113–66 inserted “, or threaten to take or fail to take,” after “take or fail to take”.Enacted provision · exact public law section
SEC. 641. EXPANSION OF PROTECTION OF EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES FROM REPRISALS. Section 1587(b) of title 10, United States Code, is amended by inserting after “take or fail to take” the following: “, or threaten to take or fail to take,”.
9 of 10 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1987–2013 · 3 rounds
2013
Subsec. (b). Pub. L. 113–66 inserted “, or threaten to take or fail to take,” after “take or fail to take”.
1996
Pub. L. 104–106, § 1040(d)(1), inserted “: reprisals” after “instrumentalities” in section catchline.
Subsec. (a)(1). Pub. L. 104–106, § 1040(c), substituted “Navy Exchange Service Command” for “Navy Resale and Services Support Office”.
Pub. L. 104–106, § 1040(a), inserted at end “Such term includes a civilian employee of a support organization within the Department of Defense or a military department, such as the Defense Finance and Accounting Service, who is paid from nonappropriated funds on account of the nature of the employee’s duties.”
Subsec. (d). Pub. L. 104–106, § 903(a), (f)(3), which directed amendment of subsec. (d), eff. , by substituting “official in the Department of Defense with principal responsibility for personnel and readiness” for “Assistant Secretary of Defense for Manpower and Logistics”, was repealed by Pub. L. 104–201.
Subsec. (e). Pub. L. 104–106, § 1040(b), inserted before period at end of second sentence “and to permit the reporting of alleged violations of subsection (b) directly to the Inspector General of the Department of Defense”.
1987
Subsec. (a). Pub. L. 100–26 inserted “The term” after each par. designation and struck out uppercase letter of first word after first quotation marks in each par. and substituted lowercase letter.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 98–94, title XII, § 1253(b), , 97 Stat. 700, provided that: “Section 1587 of such title [this section], as added by subsection (a), shall apply with respect to any conduct prohibited by subsection (b) of such section which occurs after the date of the enactment of this Act [].”
Limitation on Provision of Overseas Living Quarters Allowances for Nonappropriated Fund Instrumentality Employees
Pub. L. 104–106, div. A, title X, § 1042, , 110 Stat. 434, provided that:
“(a) Conforming Allowance to Allowances for Other Civilian Employees.—
Subject to subsection (b), an overseas living quarters allowance paid from nonappropriated funds and provided to a nonappropriated fund instrumentality employee after the date of the enactment of this Act [] may not exceed the amount of a quarters allowance provided under subchapter III of chapter 59 of title 5 to a similarly situated civilian employee of the Department of Defense paid from appropriated funds.
“(b) Application to Certain Current Employees.—
In the case of a nonappropriated fund instrumentality employee who, as of the date of the enactment of this Act [], receives an overseas living quarters allowance under any other authority, subsection (a) shall apply to such employee only after the earlier of—
“(1) ; or
“(2) the date on which the employee otherwise ceases to be eligible for such an allowance under such other authority.
“(c) Nonappropriated Fund Instrumentality Employee Defined.—
For purposes of this section, the term ‘nonappropriated fund instrumentality employee’ has the meaning given such term in section 1587(a)(1) of title 10, United States Code.”
Uniform Health Benefits Program for Employees of Department of Defense Assigned to Nonappropriated Fund Instrumentalities
Pub. L. 103–337, div. A, title III, § 349, , 108 Stat. 2727, as amended by Pub. L. 108–375, div. A, title VI, § 652, , 118 Stat. 1973, provided that:
“(a) In General.—
Not later than , the Secretary of Defense shall take such steps as may be necessary to provide a uniform health benefits program for employees of the Department of Defense assigned to a nonappropriated fund instrumentality of the Department.
“(b) Progress Report.—
Not later than , the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the progress made by the Secretary in implementing subsection (a).
“(c) Treatment of Program as Federal Health Benefit Program.—
(1) No State tax, fee, other monetary payment, or State health plan requirement, may be imposed, directly or indirectly, on the Nonappropriated Fund Uniform Health Benefits Program of the Department of Defense, or on a carrier or an underwriting or plan administration contractor of the Program, to the same extent as such prohibition applies to the health insurance program authorized by chapter 89 of title 5, United States Code, under section 8909(f) of such title.
“(2) Paragraph (1) shall not be construed to exempt the Nonappropriated Fund Uniform Health Benefits Program of the Department of Defense, or any carrier or underwriting or plan administration contractor of the Program from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to, or realized by, the Program or by such carrier or contractor from business conducted under the Program, so long as the tax, fee, or payment is applicable to a broad range of business activity.
“(3) In this subsection, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and any political subdivision or other non-Federal authority thereof.”
Credits
1983–2013 · 5 acts
- 1983Added Pub. L. 98–94, title XII, § 1253(a)(1), , 97 Stat. 699
- 1987amended Pub. L. 100–26, § 7(k)(2), , 101 Stat. 284
- 1996Pub. L. 104–106, div. A, title IX, § 903(f)(3), title X, § 1040(a)–(d)(1), , 110 Stat. 402, 433
- 1996Pub. L. 104–201, div. A, title IX, § 901, , 110 Stat. 2617
- 2013Pub. L. 113–66, div. A, title VI, § 641, , 127 Stat. 787.
Show as published
(Added Pub. L. 98–94, title XII, § 1253(a)(1), , 97 Stat. 699; amended Pub. L. 100–26, § 7(k)(2), , 101 Stat. 284; Pub. L. 104–106, div. A, title IX, § 903(f)(3), title X, § 1040(a)–(d)(1), , 110 Stat. 402, 433; Pub. L. 104–201, div. A, title IX, § 901, , 110 Stat. 2617; Pub. L. 113–66, div. A, title VI, § 641, , 127 Stat. 787.)