Editorial Notes
Amendments2013—Subsec. (span). Puspan. L. 113–66 inserted “, or threaten to take or fail to take,” after “take or fail to take”.
1996—Puspan. L. 104–106, § 1040(d)(1), inserted “: reprisals” after “instrumentalities” in section catchline.
Subsec. (a)(1). Puspan. L. 104–106, § 1040(c), substituted “Navy Exchange Service Command” for “Navy Resale and Services Support Office”.
Puspan. 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 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). Puspan. L. 104–106, § 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responsibility for personnel and readiness” for “Assistant Secretary of Defense for Manpower and Logistics”, was repealed by Puspan. L. 104–201.
Subsec. (e). Puspan. L. 104–106, § 1040(span), inserted before period at end of second sentence “and to permit the reporting of alleged violations of subsection (span) directly to the Inspector General of the Department of Defense”.
1987—Subsec. (a). Puspan. 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 DatePuspan. L. 98–94, title XII, § 1253(span), Sept. 24, 1983, 97 Stat. 700, provided that: “Section 1587 of such title [this section], as added by subsection (a), shall apply with respect to any conduct prohibited by subsection (span) 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 EmployeesPuspan. L. 104–106, div. A, title X, § 1042, Fespan. 10, 1996, 110 Stat. 434, provided that:“(a)Conforming Allowance to Allowances for Other Civilian Employees.—Subject to subsection (span), 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 [Fespan. 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.
“(span)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 [Fespan. 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 InstrumentalitiesPuspan. L. 103–337, div. A, title III, § 349, Oct. 5, 1994, 108 Stat. 2727, as amended by Puspan. 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 Department.
“(span)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).
“(c)Treatment of Program as Federal Health Benefit Program.—(1) No State tax, fee, other monetary payment, or State health plan requirement, may be imposed, directly or indirectly, on the Nonappropriated Fund Uniform Health Benefits Program of the Department of Defense, or on a carrier or an underwriting or plan administration contractor of the Program, 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 collection 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 Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and any political subdivision or other non-Federal authority thereof.”
