Title 10 — Armed Forces
Part IV · Chapter 165 — Accountability and Responsibility
§ 2783. Nonappropriated fund instrumentalities: financial management and use of nonappropriated funds
Statutory text
Regulation of Management and Use of Nonappropriated Funds.—
The Secretary of Defense shall prescribe regulations governing—
the purposes for which nonappropriated funds of a nonappropriated fund instrumentality of the United States within the Department of Defense may be expended; and
the financial management of such funds to prevent waste, loss, or unauthorized use.
Penalties for Violations.—
A civilian employee of the Department of Defense who is paid from nonappropriated funds and who commits a substantial violation of the regulations prescribed under subsection (a) shall be subject to the same penalties as are provided by law for misuse of appropriations by a civilian employee of the Department of Defense paid from appropriated funds. The Secretary of Defense shall prescribe regulations to carry out this paragraph.
The Secretary shall provide in regulations that a violation of the regulations prescribed under subsection (a) by a person subject to chapter 47 of this title (the Uniform Code of Military Justice) is punishable as a violation of section 892 of this title (article 92 of the Uniform Code of Military Justice).
Notification of Violations.—
A civilian employee of the Department of Defense (whether paid from nonappropriated funds or from appropriated funds), and a member of the armed forces, whose duties include the obligation of nonappropriated funds, shall notify the Secretary of Defense of information which the person reasonably believes evidences—
a violation by another person of any law, rule, or regulation regarding the management of such funds; or
other mismanagement or gross waste of such funds.
The Secretary of Defense shall designate civilian employees of the Department of Defense or members of the armed forces to receive a notification described in paragraph (1) and ensure the prompt investigation of the validity of information provided in the notification.
The Secretary shall prescribe regulations to protect the confidentiality of a person making a notification under paragraph (1).
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.
National Defense Authorization Act for Fiscal Year 1993
Pub. L. 102–484 div. A title III § 362(a) · 106 Stat. 2315
Enacted · 10 U.S.C. § 2783
Added Pub. L. 102–484, div. A, title III, § 362(a), Oct. 23, 1992, 106 Stat. 2379, § 2490a
Source evidence
Code source credit
Added Pub. L. 102–484, div. A, title III, § 362(a), Oct. 23, 1992, 106 Stat. 2379, § 2490aEnacted provision · exact public law section
(a) Regulation of Expenditure of NAFI Funds.— Chapter 147 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2490a. Nonappropriated fund instrumentalities: financial management and use of nonappropriated funds “(a) Regulation of Management and Use of Nonappropriated Funds.— The Secretary of Defense shall prescribe regulations governing— “(1) the purposes for which nonappropriated funds of a nonappropriated fund instrumentality of the United States within the Department of Defense may be expended; and “(2) the financial management of such funds to prevent waste, loss, or unauthorized use. “(b) Penalties for Violations.— (1) A civilian employee of the Department of Defense who is paid from nonappropriated funds and who commits a substantial violation of the regulations prescribed under subsection (a) shall be subject to the same penalties as are provided by law for misuse of appropriations by a civilian employee of the Department of Defense paid from appropriated funds. The Secretary of Defense shall prescribe regulations to carry out this paragraph. “(2) The Secretary shall provide in regulations that a violation of the regulations prescribed under subsection (a) by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is punishable as a violation of section 892 of such title (article 92 of the Uniform Code of Military Justice). “(c) Notification of Violations.— (1) A civilian employee of the Department of Defense (whether paid from nonappropriated funds or from appropriated funds), and a member of the Armed Forces, whose duties include the obligation of nonappropriated funds, shall notify the Secretary of Defense of information which the person reasonably believes evidences— “(A) a violation by another person of any law, rule, or regulation regarding the management of such funds; or “(B) other mismanagement or gross waste of such funds. “(2) The Secretary of Defense shall designate civilian employees of the Department of Defense or members of the armed forces to receive a notification described in paragraph (1) and ensure the prompt investigation of the validity of information provided in the notification. “(3) The Secretary shall prescribe regulations to protect the confidentiality of a person making a notification under paragraph (1).”.Pub. L. 103–160 div. A title XI § 1182(a)(8)(A) · 107 Stat. 1547
Changed · 10 U.S.C. § 2783
Pub. L. 103–160 renumbered section 2490a of this title as this section
Source evidence
Code amendment note
Pub. L. 103–160 renumbered section 2490a of this title as this section.Enacted provision · exact public law section
(A) Section 2490a is transferred to the end of chapter 165, redesignated as section 2783, and amended— (i) in subsection (b)(2)— (I) by striking out “title 10, United States Code” and inserting in lieu thereof “this title”; (II) by striking out the comma after “Justice)”; and (III) by striking out “of such title” and inserting in lieu thereof “of this title”; and (ii) in subsection (c)(1), by striking out “Armed Forces” and inserting in lieu thereof “armed forces”.Pub. L. 103–160 § 1182(a)(8)(A)(i) · 107 Stat. 1547
Substituted · 10 U.S.C. § 2783(b)(2)
Pub. L. 103–160, § 1182(a)(8)(A)(i), substituted “chapter 47 of this title” for “chapter 47 of title 10, United States Code”
Substituted · 10 U.S.C. § 2783(b)(2)
Pub. L. 103–160, § 1182(a)(8)(A)(i), substituted “Justice) is” for “Justice), is”
Substituted · 10 U.S.C. § 2783(b)(2)
Pub. L. 103–160, § 1182(a)(8)(A)(i), substituted “section 892 of this title” for “section 892 of such title”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 103–160, § 1182(a)(8)(A)(i), substituted “chapter 47 of this title” for “chapter 47 of title 10, United States Code”, “Justice) is” for “Justice), is”, and “section 892 of this title” for “section 892 of such title”.Enacted provision · exact public law section
(i) in subsection (b)(2)— (I) by striking out “title 10, United States Code” and inserting in lieu thereof “this title”; (II) by striking out the comma after “Justice)”; and (III) by striking out “of such title” and inserting in lieu thereof “of this title”; andPub. L. 103–160 § 1182(a)(8)(A)(ii) · 107 Stat. 1547
Substituted · 10 U.S.C. § 2783(c)(1)
Pub. L. 103–160, § 1182(a)(8)(A)(ii), substituted “armed forces” for “Armed Forces”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 103–160, § 1182(a)(8)(A)(ii), substituted “armed forces” for “Armed Forces”.Enacted provision · exact public law section
(ii) in subsection (c)(1), by striking out “Armed Forces” and inserting in lieu thereof “armed forces”.
6 of 6 references resolved to an enrolled provision
Editorial Notes
Amendments
1993—Pub. L. 103–160 renumbered section 2490a of this title as this section.
Subsec. (b)(2). Pub. L. 103–160, § 1182(a)(8)(A)(i), substituted “chapter 47 of this title” for “chapter 47 of title 10, United States Code”, “Justice) is” for “Justice), is”, and “section 892 of this title” for “section 892 of such title”.
Subsec. (c)(1). Pub. L. 103–160, § 1182(a)(8)(A)(ii), substituted “armed forces” for “Armed Forces”.
Statutory Notes and Related Subsidiaries
Standardization of Certain Programs and Activities of Military Exchanges
Pub. L. 102–484, div. A, title III, § 361, , 106 Stat. 2379, directed the Secretary of Defense to standardize among the military departments the accounting, financial reporting formats, and automatic data processing and telecommunications data transfer of information by no later than , and report to Congress, no later than , on other programs and activities that could be standardized or consolidated.
Credits
1992–1993 · 2 acts
- 1992Added Pub. L. 102–484, div. A, title III, § 362(a), , 106 Stat. 2379, § 2490a
- 1993renumbered § 2783 and amended Pub. L. 103–160, div. A, title XI, § 1182(a)(8)(A), , 107 Stat. 1771.
Show as published
(Added Pub. L. 102–484, div. A, title III, § 362(a), , 106 Stat. 2379, § 2490a; renumbered § 2783 and amended Pub. L. 103–160, div. A, title XI, § 1182(a)(8)(A), , 107 Stat. 1771.)