10 U.S.C. § 1589 — Participation in management of specified non-Federal entities: authorized activities
submitted 29 years ago by Pub. L. 105-85 to r/title-10-ARMED-FORCES · 374 words · no verdicts yet
This section allows case-specific authorization for certain Defense or Homeland Security employees to advise and oversee designated entities without pay. It limits the entities and requires publication and regulations.
(a) (1) The Secretary concerned may authorize an employee covered by (2) to serve without pay* as a director, officer*, or trustee, or otherwise take part in managing an entity designated under (b). Each authorization must be case-specific for one employee, one role, and one entity. It may be used only for oversight, advice, and coordination, not the entity's daily operations. (2) This covers Defense Department employees and, when the Coast Guard is not operating as part of the Navy, Homeland Security Department employees. “Employee” includes a civilian officer.
(b) The Defense Secretary, or the Homeland Security Secretary for the Coast Guard in that circumstance, designates entities that may receive authorizations. The list may change no more than twice a year. The Secretary must designate each military welfare society named in 10 U.S.C. 1033(b)(2), may designate entities described in 1033(b)(3), and may designate no others.
(c) Entity designations and employee authorizations must be published in the Federal Register.
(d) For Defense employees outside military departments*, “Secretary concerned” means the Defense Secretary. This section does not otherwise define the quoted term.
(e) The Defense Secretary, and for the Coast Guard in the stated circumstance the Homeland Security Secretary, must issue regulations carrying out this section.
The Secretary concerned may authorize an employee described in paragraph (2) to serve without compensation as a director, officer*, or trustee, or to otherwise participate, in the management of an entity designated under subsection (b). Any such authorization shall be made on a case-by-case basis, for a particular employee to participate in a specific capacity with a specific designated entity. Such authorization may be made only for the purpose of providing oversight and advice to, and coordination with, the designated entity, and participation of the employee in the activities of the designated entity may not extend to participation in the day-to-day operations of the entity.
Paragraph (1) applies to any employee of the Department of Defense or, in the case of the Coast Guard when not operating as a service in the Navy, of the Department of Homeland Security. For purposes of this section, the term “employee” includes a civilian officer.
The Secretary of Defense, and the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, shall designate those entities for which authorization under subsection (a) may be provided. The list of entities so designated may not be revised more frequently than semiannually. In making such designations, the Secretary shall designate each military welfare society named in paragraph (2) of section 1033(b) of this title and may designate any other entity described in paragraph (3) of such section. No other entities may be designated.
A designation of an entity under subsection (b), and an authorization under subsection (a) of an employee to participate in the management of such an entity, shall be published in the Federal Register.
In this section, the term “Secretary concerned” includes the Secretary of Defense with respect to employees of the Department of Defense who are not employees of a military department.
The Secretary of Defense, and the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations to carry out this section.
Source credit: (Added Pub. L. 105–85, div. A, title V, § 593(b)(1), Nov. 18, 1997, 111 Stat. 1763; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
- 1997Enacted · Pub. L. 105-85 · 111 Stat. 1763
- 2002Amended · Pub. L. 107-296 · 116 Stat. 2314
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-85 on 1997-11-18.
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