
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1587]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 81--CIVILIAN EMPLOYEES
 
Sec. 1587. Employees of nonappropriated fund instrumentalities: 
        reprisals
        
    (a) In this section:
        (1) 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.
        (2) The term ``civilian employee'' has the meaning given the 
    term ``employee'' by section 2105(a) of title 5.
        (3) The term ``personnel action'', with respect to a 
    nonappropriated fund instrumentality employee (or an applicant for a 
    position as such an employee), means--
            (A) an appointment;
            (B) a promotion;
            (C) a disciplinary or corrective action;
            (D) a detail, transfer, or reassignment;
            (E) a reinstatement, restoration, or reemployment;
            (F) 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
            (G) any other significant change in duties or 
        responsibilities that is inconsistent with the employee's salary 
        or grade level.

    (b) 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 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--
        (1) a disclosure of information by such an employee or applicant 
    which the employee or applicant reasonably believes evidences--
            (A) a violation of any law, rule, or regulation; or
            (B) 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
        (2) 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) a violation of any law, rule, or regulation; or
            (B) mismanagement, a gross waste of funds, an abuse of 
        authority, or a substantial and specific danger to public health 
        or safety.

    (c) 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.
    (d) 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.
    (e) 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.

(Added Pub. L. 98-94, title XII, Sec. 1253(a)(1), Sept. 24, 1983, 97 
Stat. 699; amended Pub. L. 100-26, Sec. 7(k)(2), Apr. 21, 1987, 101 
Stat. 284; Pub. L. 104-106, div. A, title IX, Sec. 903(f)(3), title X, 
Sec. 1040(a)-(d)(1), Feb. 10, 1996, 110 Stat. 402, 433; Pub. L. 104-201, 
div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617.)


                               Amendments

    1996--Pub. L. 104-106, Sec. 1040(d)(1), inserted ``: reprisals'' 
after ``instrumentalities'' in section catchline.
    Subsec. (a)(1). Pub. L. 104-106, Sec. 1040(c), substituted ``Navy 
Exchange Service Command'' for ``Navy Resale and Services Support 
Office''.
    Pub. L. 104-106, Sec. 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, Sec. 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.
    Subsec. (e). Pub. L. 104-106, Sec. 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.


                             Effective Date

    Section 1253(b) of Pub. L. 98-94 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 [Sept. 24, 
1983].''


   Limitation on Provision of Overseas Living Quarters Allowances for 
             Nonappropriated Fund Instrumentality Employees

    Section 1042 of Pub. L. 104-106 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 [Feb. 10, 1996] 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 [Feb. 10, 1996], receives an overseas living 
quarters allowance under any other authority, subsection (a) shall apply 
to such employee only after the earlier of--
        ``(1) September 30, 1997; 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, Sec. 349, Oct. 5, 1994, 108 
Stat. 2727, provided that:
    ``(a) In General.--Not later than October 1, 1995, 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 March 15, 1995, 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).''

                  Section Referred to in Other Sections

    This section is referred to in section 1580 of this title.
