10 U.S.C. § 1587 — Employees of nonappropriated fund in-

Page 1514 TITLE 10—ARMED FORCES § 1587 section (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 pro- visions of subsections (a) through (g) applicable to civilian employees of the Department of De- fense who are residents of Guam, the Virgin Is- lands, or the Commonwealth of Puerto Rico at the time of their employment by the Depart- ment 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, § 1, July 5, 1960, 74 Stat. 325; amended Pub. L. 89–718, § 15, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 90–83, § 3(3), Sept. 11, 1967, 81 Stat. 220; Pub. L. 96–513, title V, § 511(61), Dec. 12, 1980, 94 Stat. 2925; Pub. L. 96–600, § 1, Dec. 24, 1980, 94 Stat. 3493; Pub. L. 97–295, § 1(20)(A), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 98–525, title XIV, § 1405(29), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 101–189, div. A, title XVI, § 1622(e)(4), Nov. 29, 1989, 103 Stat. 1605.) Editorial Notes AMENDMENTS 1989—Subsec. (g). Pub. L. 101–189, in introductory pro- visions, substituted ‘‘In this section:’’ for ‘‘For the pur- poses 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, § 1405(29)(A)(iii), in provisions following par. (3) struck out ‘‘of this sub- section’’ after ‘‘paragraphs (2) and (3)’’. Subsec. (b)(3). Pub. L. 98–525, § 1405(29)(A)(i), (ii), sub- stituted ‘‘30’’ for ‘‘thirty’’ and struck out ‘‘of this sec- tion’’ after ‘‘subsection (c)’’. Subsec. (c). Pub. L. 98–525, § 1405(29)(B)(i), in provi- sions preceding par. (1) substituted ‘‘30’’ for ‘‘thirty’’. Subsec. (c)(3). Pub. L. 98–525, § 1405(29)(B)(ii), (iv), sub- stituted ‘‘90 days’’ for ‘‘ninety days’’ and struck out ‘‘of this subsection’’ after ‘‘paragraph (2)’’. Subsec. (c)(4). Pub. L. 98–525, § 1405(29)(B)(ii), (iv), sub- stituted ‘‘90 days’’ for ‘‘ninety days’’ and struck out ‘‘of this subsection’’ after ‘‘paragraph (3)’’. Subsec. (c)(5). Pub. L. 98–525, § 1405(29)(B)(iii)–(v), sub- stituted ‘‘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, § 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, § 1405(29)(C), struck out ‘‘of this section’’ after ‘‘subsection (c)’’. Subsec. (e)(1). Pub. L. 98–525, § 1405(29)(C), struck out ‘‘of this section’’ after ‘‘subsection (c)(1)’’. Subsec. (e)(2). Pub. L. 98–525, § 1405(29)(D), struck out ‘‘of this subsection’’ after ‘‘paragraph (1)’’. Subsec. (g)(1). Pub. L. 98–525, § 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 ‘‘Gen- eral 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. Statutory Notes and Related Subsidiaries 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. Executive Documents EX. ORD. NO. 10895. DUTY IN ALASKA OR HAWAII Ex. Ord. No. 10895, Nov. 25, 1960, 25 F.R. 12165, pro- vided: 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 con- tinuing this order in effect, and he shall recommend the revocation thereof at such time as he may deem such action advisable. DWIGHT D. EISENHOWER. § 1587. Employees of nonappropriated fund in- strumentalities: reprisals (a) In this section: (1) The term ‘‘nonappropriated fund instru- mentality employee’’ means a civilian em- ployee 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 Depart- ment 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 employ- ee’s duties. (2) The term ‘‘civilian employee’’ has the meaning given the term ‘‘employee’’ by sec- tion 2105(a) of title 5. (3) The term ‘‘personnel action’’, with re- spect to a nonappropriated fund instrumen- tality 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 reem- ployment; (F) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably Page 1515 TITLE 10—ARMED FORCES § 1587 be expected to lead to an appointment, pro- motion, 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 per- sonnel action shall not, with respect to such au- thority, 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— (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 regula- tion; or (B) mismanagement, a gross waste of funds, an abuse of authority, or a substan- tial and specific danger to public health or safety; if such disclosure is not specifically prohibited by law and if the information is not specifi- cally required by or pursuant to executive order to be kept secret in the interest of na- tional defense or the conduct of foreign af- fairs; or (2) a disclosure by such an employee or ap- plicant to any civilian employee or member of the armed forces designated by law or by the Secretary of Defense to receive disclosures de- scribed in clause (1), of information which the employee or applicant reasonably believes evi- dences— (A) a violation of any law, rule, or regula- tion; or (B) mismanagement, a gross waste of funds, an abuse of authority, or a substan- tial 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 deter- mination by the President that the exclusion is necessary and warranted by conditions of good administration. (d) The Secretary of Defense shall be respon- sible 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 depart- ment or to the Assistant Secretary of Defense for Manpower and Logistics. (e) The Secretary of Defense, after consulta- tion 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 regu- lations 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 De- fense. (Added Pub. L. 98–94, title XII, § 1253(a)(1), Sept. 24, 1983, 97 Stat. 699; amended Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 104–106, div. A, title IX, § 903(f)(3), title X, § 1040(a)–(d)(1), Feb. 10, 1996, 110 Stat. 402, 433; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 113–66, div. A, title VI, § 641, Dec. 26, 2013, 127 Stat. 787.) Editorial Notes AMENDMENTS 2013—Subsec. (b). Pub. L. 113–66 inserted ‘‘, or threat- en 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 depart- ment, such as the Defense Finance and Accounting Service, who is paid from nonappropriated funds on ac- count of the nature of the employee’s duties.’’ Subsec. (d). Pub. L. 104–106, § 903(a), (f)(3), which di- rected amendment of subsec. (d), eff. Jan. 31, 1997, by substituting ‘‘official in the Department of Defense with principal responsibility for personnel and readi- ness’’ for ‘‘Assistant Secretary of Defense for Man- power 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 re- porting of alleged violations of subsection (b) directly to the Inspector General of the Department of De- fense’’. 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), Sept. 24, 1983, 97 Stat. 700, provided that: ‘‘Section 1587 of such title [this sec- tion], as added by subsection (a), shall apply with re- spect to any conduct prohibited by subsection (b) of such section which occurs after the date of the enact- ment of this Act [Sept. 24, 1983].’’ LIMITATION ON PROVISION OF OVERSEAS LIVING QUAR- TERS ALLOWANCES FOR NONAPPROPRIATED FUND IN- STRUMENTALITY EMPLOYEES Pub. L. 104–106, div. A, title X, § 1042, Feb. 10, 1996, 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 non- appropriated funds and provided to a nonappropriated fund instrumentality employee after the date of the en- actment of this Act [Feb. 10, 1996] may not exceed the amount of a quarters allowance provided under sub- chapter III of chapter 59 of title 5 to a similarly situ- ated 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 EM- PLOYEE DEFINED.—For purposes of this section, the term ‘nonappropriated fund instrumentality employee’ Page 1516 TITLE 10—ARMED FORCES § 1587a 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 NON- APPROPRIATED FUND INSTRUMENTALITIES Pub. L. 103–337, div. A, title III, § 349, Oct. 5, 1994, 108 Stat. 2727, as amended by Pub. L. 108–375, div. A, title VI, § 652, Oct. 28, 2004, 118 Stat. 1973, 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 Depart- ment. ‘‘(b) PROGRESS REPORT.—Not later than March 15, 1995, the Secretary of Defense shall submit to the Com- mittees 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 mone- tary payment, or State health plan requirement, may be imposed, directly or indirectly, on the Non- appropriated Fund Uniform Health Benefits Program of the Department of Defense, or on a carrier or an under- writing or plan administration contractor of the Pro- gram, 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 collec- tion 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 Vir- gin Islands, Guam, American Samoa, and the Common- wealth of the Northern Mariana Islands, and any polit- ical subdivision or other non-Federal authority there- of.’’ § 1587a. Employees of nonappropriated fund in- strumentalities: senior executive pay levels (a) AUTHORITY.—To achieve the objective stat- ed in subsection (b), the Secretary of Defense may regulate the amount of total compensation that is provided for senior executives of non- appropriated fund instrumentalities who, for the fixing of pay by administrative action, are under the jurisdiction of the Secretary of Defense or the Secretary of a military department. (b) PAY PARITY.—The objective of an action taken with respect to the compensation of sen- ior executives under subsection (a) is to provide for parity between the total compensation pro- vided for such senior executives and total com- pensation that is provided for Department of De- fense employees in Senior Executive Service po- sitions or other senior executive positions. (c) STANDARDS OF COMPARABILITY.—Subject to subsection (d), the Secretary of Defense shall prescribe the standards of comparison that are to apply in the making of the determinations necessary to achieve the objective stated in sub- section (b). (d) ESTABLISHMENT OF PAY RATES.—The Sec- retary of Defense shall apply subsections (a) and (b) of section 5382 of title 5 in the regulation of compensation under this section. (e) RELATIONSHIP TO PAY LIMITATION.—The Secretary of Defense may exercise the authority provided in subsection (a) without regard to sec- tion 5373 of title 5. (f) DEFINITIONS.—In this section: (1) The term ‘‘compensation’’ includes rate of basic pay. (2) The term ‘‘Senior Executive Service posi- tion’’ has the meaning given such term in sec- tion 3132 of title 5. (Added Pub. L. 108–375, div. A, title XI, § 1104(a), Oct. 28, 2004, 118 Stat. 2073.) § 1588. Authority to accept certain voluntary services (a) AUTHORITY TO ACCEPT SERVICES.—Subject to subsection (b) and notwithstanding section 1342 of title 31, the Secretary concerned may ac- cept from any person the following services: (1) Voluntary medical services, dental serv- ices, nursing services, or other health-care re- lated services. (2) Voluntary services to be provided for a museum or a natural resources program. (3) Voluntary services to be provided for pro- grams providing services to members of the uniformed services and the families of such members, including the following programs: (A) Family support programs. (B) Child development and youth services programs. (C) Library and education programs. (D) Religious programs. (E) Housing referral programs. (F) Programs providing employment as- sistance to spouses of such members. (G) Morale, welfare, and recreation pro- grams, to the extent not covered by another subparagraph of this paragraph. (4) Voluntary services as a member of a fu- neral honors detail under section 1491 of this title. (5) Legal services voluntarily provided as legal assistance under section 1044 of this title. (6) Voluntary services as a proctor for ad- ministration to secondary school students of the test known as the ‘‘Armed Services Voca- tional Aptitude Battery’’. (7) Voluntary translation or interpretation services offered with respect to a foreign lan- guage by a person (A) who is registered for such foreign language on the National Foreign Language Skills Registry under section 1596b of this title, or (B) who otherwise is approved to provide voluntary translation or interpreta- tion services for national security purposes, as determined by the Secretary of Defense. (8) Voluntary services to support programs of a committee of the Employer Support of the Guard and Reserve as authorized by the Sec- retary of Defense. (9) Voluntary services to facilitate account- ing for missing persons. (10) Voluntary legal support services pro- vided by law students through internship and externship programs approved by the Sec- retary concerned.