§1589 — Title 10 Armed Forces | U.S. Code

Summary

Lets certain Department of Defense or Coast Guard employees serve without pay as a director, officer, trustee, or otherwise help manage certain non-federal organizations. The permission must be given for one specific employee, for one specific role, with one specific organization. It can only be to give oversight, advice, or coordinate with the organization. The employee cannot join the group’s daily operations. The Secretaries of Defense and Homeland Security (for the Coast Guard when it is not part of the Navy) pick which organizations are eligible. Their list must include every military welfare society named in 10 U.S.C. 1033(b)(2) and may include others listed in 10 U.S.C. 1033(b)(3). The list can be changed no more often than semiannually. Each organization chosen and each employee permission must be published in the Federal Register. The Secretaries must write rules to carry this out. "Employee" includes civilian officers, and "Secretary concerned" covers the Secretary of Defense for certain DoD staff.

Title 10, §1589

Armed Forces — Source: USLM XML via OLRC

(a)(1)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.

(2)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.

(b)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.

(c)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.

(d)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.

(e)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1589, added Pub. L. 98–525, title XIV, § 1401(f)(1), Oct. 19, 1984, 98 Stat. 2618, provided, with exceptions, for prohibition on payment of lodging expenses when adequate Government quarters were available, prior to repeal by Pub. L. 104–201, div. A, title XVI, § 1614(b)(1), Sept. 23, 1996, 110 Stat. 2739.

Amendments

2002—Subsecs. (a)(2), (b), (e). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

§1589 Participation in management of specified non-Federal entities: authorized activities