10 U.S.C. § 2783 — Nonappropriated fund instrumentalities: financial management and use of nonappropriated funds
submitted 34 years ago by Pub. L. 102-484 to r/title-10-ARMED-FORCES · 325 words · no verdicts yet
The Secretary of Defense must regulate how Department of Defense nonappropriated funds are used and managed. The section sets penalties and requires covered personnel to report suspected violations, mismanagement, and gross waste while protecting reporters' confidentiality.
(a) The Secretary must regulate (1) the purposes for which a Department of Defense nonappropriated-fund instrumentality may spend its nonappropriated funds and (2) financial management of those funds to prevent waste, loss, or unauthorized use.
(b)(1) A civilian Defense employee paid from nonappropriated funds who substantially violates these regulations is subject to the legal penalties for a Defense civilian paid from appropriated funds who misuses appropriations. The Secretary must issue regulations for this paragraph. (2) The regulations must provide that a violation by a person subject to the Uniform Code of Military Justice is punishable as a violation of 10 U.S.C. 892, Article 92.
(c)(1) A Defense civilian employee, whether paid from appropriated or nonappropriated funds, and a service member whose duties include obligating nonappropriated funds must notify the Secretary of information the person reasonably believes shows (A) another person's violation of a law, rule, or regulation governing those funds, or (B) other mismanagement or gross waste. (2) The Secretary must designate civilians or service members to receive the notices and promptly investigate whether the reported information is valid. (3) The Secretary must regulate to protect the reporter's confidentiality.
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.
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).
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).
Source credit: (Added Pub. L. 102–484, div. A, title III, § 362(a), Oct. 23, 1992, 106 Stat. 2379, § 2490a; renumbered § 2783 and amended Pub. L. 103–160, div. A, title XI, § 1182(a)(8)(A), Nov. 30, 1993, 107 Stat. 1771.)
- 1992Enacted · Pub. L. 102-484 · 106 Stat. 2379
- 1993Amended · Pub. L. 103-160 · 107 Stat. 1771
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-484 on 1992-10-23.
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