10 U.S.C. § 2493 — Fisher Houses: administration as non-

Page 1976 TITLE 10—ARMED FORCES § 2492a (1) to provide or obtain goods and services beneficial to the efficient management and op- eration of the exchange system or that mo- rale, welfare, and recreation system; or (2) to provide or obtain food services bene- ficial to the efficient management and oper- ation of the dining facilities on military in- stallations offering food services to members of the armed forces. (Added Pub. L. 104–201, div. A, title III, § 341(a)(1), Sept. 23, 1996, 110 Stat. 2488, § 2482a; re- numbered § 2492, Pub. L. 108–375, div. A, title VI, § 651(c)(3), Oct. 28, 2004, 118 Stat. 1972; amended Pub. L. 113–291, div. A, title VI, § 632, Dec. 19, 2014, 128 Stat. 3405.) Editorial Notes PRIOR PROVISIONS A prior section 2492 was renumbered section 2489 of this title. AMENDMENTS 2014—Pub. L. 113–291 substituted ‘‘Federal depart- ment, agency, or instrumentality—’’ for ‘‘Federal de- partment, agency, or instrumentality to provide or ob- tain goods and services beneficial to the efficient man- agement and operation of the exchange system or that morale, welfare, and recreation system.’’ and added pars. (1) and (2). 2004—Pub. L. 108–375 renumbered section 2482a of this title as this section. § 2492a. Limitation on Department of Defense en- tities competing with private sector in offer- ing personal information services (a) LIMITATION.—(1) Notwithstanding section 2492 of this title, the Secretary of Defense may not authorize a Department of Defense entity to offer or provide personal information services directly to users using Department resources, personnel, or equipment, or compete for con- tracts to provide such personal information services directly to users, if users will be charged a fee for the personal information serv- ices to recover the cost incurred to provide the services or to earn a profit. (2) The limitation in paragraph (1) shall not be construed to prohibit or preclude the use of De- partment resources, personnel, or equipment to administer or facilitate personal information services contracts with private contractors. (b) EXCEPTIONS.—The limitation in subsection (a) shall not apply if the Secretary of Defense determines that— (1) a private sector vendor is not available to provide the personal information services at specific locations; (2) the interests of the user population would be best served by allowing the Government to provide such services; or (3) circumstances (as specified by the Sec- retary for purposes of this section) are such that the provision of such services by a De- partment entity is in the best interest of the Government or military users in general. (c) PERSONAL INFORMATION SERVICES DE- FINED.—In this section, the term ‘‘personal in- formation services’’ means the provision of Internet, telephone, or television services to consumers. (Added Pub. L. 111–84, div. A, title VI, § 651(a), Oct. 28, 2009, 123 Stat. 2368.) Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 111–84, div. A, title VI, § 651(c), Oct. 28, 2009, 123 Stat. 2369, provided that: ‘‘Section 2492a of title 10, United States Code, as added by subsection (a), does not affect the validity or terms of any contract for the provision of personal information services entered into before the date of the enactment of this Act [Oct. 28, 2009].’’ § 2493. Fisher Houses: administration as non- appropriated fund instrumentality (a) FISHER HOUSES AND SUITES DEFINED.—In this section: (1) The term ‘‘Fisher House’’ means a hous- ing facility that— (A) is located in proximity to a health care facility of the Army, the Air Force, or the Navy; (B) is available for residential use on a temporary basis by authorized Fisher House residents; and (C) is constructed and donated by— (i) the Zachary and Elizabeth M. Fisher Armed Services Foundation; or (ii) another source, if the Secretary of the military department concerned des- ignates the housing facility as a Fisher House. (2) The term ‘‘Fisher House’’ includes the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, so long as such facility is available for residential use on a temporary basis by authorized Fisher House residents. (3) The term ‘‘Fisher Suite’’ means one or more rooms that— (A) meet the requirements of subpara- graphs (A) and (B) of paragraph (1); (B) are constructed, altered, or repaired and donated by a source described in sub- paragraph (C) of that paragraph; and (C) are designated by the Secretary of the military department concerned as a Fisher Suite. (4) The term ‘‘authorized Fisher House resi- dents’’ means the following: (A) With respect to a Fisher House de- scribed in paragraph (1) that is located in proximity to a health care facility of the Army, the Air Force, or the Navy, the fol- lowing persons: (i) Patients of that health care facility. (ii) Members of the families of such pa- tients. (iii) Other persons providing the equiva- lent of familial support for such patients. (B) With respect to the Fisher House de- scribed in paragraph (2), the following per- sons: (i) The primary next of kin of a member of the armed forces who dies while located or serving overseas. (ii) Other family members of the de- ceased member who are eligible for trans- portation under section 453(f) of title 37. Page 1977 TITLE 10—ARMED FORCES § 2493 (iii) An escort of a family member de- scribed in clause (i) or (ii). (b) NONAPPROPRIATED FUND INSTRUMEN- TALITY.—The Secretary of each military depart- ment shall administer all Fisher Houses and Fisher Suites associated with facilities of that military department as a nonappropriated fund instrumentality of the United States. (c) GOVERNANCE.—The Secretary of each mili- tary department shall establish a system for the governance of the nonappropriated fund instru- mentality required by subsection (b) for that military department. (d) CENTRAL FUND.—The Secretary of each military department shall establish a single fund as the source of funding for the operation, maintenance, and improvement of all Fisher Houses and Fisher Suites of the nonappropriated fund instrumentality required by subsection (b) for that military department. (e) ACCEPTANCE OF CONTRIBUTIONS; IMPOSITION OF FEES.—(1) The Secretary of a military de- partment may— (A) accept money, property, and services do- nated for the support of a Fisher House or Fisher Suite associated with facilities of that military department; and (B) may impose fees relating to the use of such Fisher Houses and Fisher Suites. (2) All monetary donations, and the proceeds of the disposal of any other donated property, accepted by the Secretary of a military depart- ment under this subsection shall be credited to the fund established under subsection (d) for the Fisher Houses and Fisher Suites associated with facilities of that military department and shall be available to that Secretary to support all such Fisher Houses and Fisher Suites. (f) BASE OPERATING SUPPORT.—The Secretary of a military department may provide base oper- ating support for Fisher Houses associated with facilities of that military department. (Added Pub. L. 105–261, div. A, title IX, § 906(a)(1), Oct. 17, 1998, 112 Stat. 2093; amended Pub. L. 106–398, § 1 [[div. A], title IX, § 914(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–230; Pub. L. 107–314, div. A, title III, § 321, Dec. 2, 2002, 116 Stat. 2510; Pub. L. 112–81, div. A, title X, § 1061(17), Dec. 31, 2011, 125 Stat. 1584; Pub. L. 112–239, div. A, title VI, § 652(a), (b), Jan. 2, 2013, 126 Stat. 1784; Pub. L. 114–92, div. A, title VI, § 622(b), Nov. 25, 2015, 129 Stat. 841; Pub. L. 117–263, div. A, title VI, § 626(c)(7), Dec. 23, 2022, 136 Stat. 2628.) Editorial Notes AMENDMENTS 2022—Subsec. (a)(4)(B)(ii). Pub. L. 117–263 substituted ‘‘section 453(f)’’ for ‘‘section 481f(d)’’. 2015—Subsec. (a)(4)(B)(ii). Pub. L. 114–92 substituted ‘‘section 481f(d)’’ for ‘‘section 481f(e)’’. 2013—Subsec. (a)(1)(B). Pub. L. 112–239. § 652(a)(1), sub- stituted ‘‘by authorized Fisher House residents;’’ for ‘‘by patients of that health care facility, members of the families of such patients, and others providing the equivalent of familial support for such patients;’’. Subsec. (a)(2) to (4). Pub. L. 112–239, § 652(a)(2)–(4), added pars. (2) and (4) and redesignated former par. (2) as (3). Subsecs. (b), (e), (f). Pub. L. 112–239, § 652(b), struck out ‘‘health care’’ before ‘‘facilities’’ wherever appear- ing. 2011—Subsec. (g). Pub. L. 112–81 struck out subsec. (g), which required submission of annual report describing the operation of Fisher Houses and Fisher Suites asso- ciated with military department health care facilities. 2002—Subsec. (f). Pub. L. 107–314 amended heading and text of subsec. (f) generally. Prior to amendment text read as follows: ‘‘The Secretary of the Navy shall pro- vide base operating support for Fisher Houses associ- ated with health care facilities of the Navy. The level of the support shall be equivalent to the base operating support that the Secretary provides for morale, wel- fare, and recreation category B community activities (as defined in regulations, prescribed by the Secretary, that govern morale, welfare, and recreation activities associated with Navy installations).’’ 2000—Subsecs. (f), (g). Pub. L. 106–398 added subsec. (f) and redesignated former subsec. (f) as (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title IX, § 914(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–230, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall be effective as of October 17, 1998, as if in- cluded in section 2493 of title 10, United States Code, as enacted by section 906(a) of Public Law 105–261.’’ SAVINGS PROVISIONS FOR CERTAIN NAVY EMPLOYEES Pub. L. 106–398, § 1 [[div. A], title IX, § 914(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–230, provided that: ‘‘(1) The Secretary of the Navy may continue to em- ploy, and pay out of appropriated funds, any employee of the Navy in the competitive service who, as of Octo- ber 17, 1998, was employed by the Navy in a position at a Fisher House administered by the Navy, but only for so long as the employee is continuously employed in that position. ‘‘(2) After a person vacates a position in which the person was continued to be employed under the author- ity of paragraph (1), a person employed in that position shall be employed as an employee of a nonappropriated fund instrumentality of the United States and may not be paid for services in that position out of appropriated funds. ‘‘(3) In this subsection: ‘‘(A) The term ‘Fisher House’ has the meaning given the term in section 2493(a)(1) of title 10, United States Code. ‘‘(B) The term ‘competitive service’ has the mean- ing given the term in section 2102 of title 5, United States Code.’’ [Pub. L. 106–398, § 1 [[div. A], title IX, § 914(c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–230, provided that: ‘‘Sub- section (b) [set out above] applies with respect to the pay period that includes October 17, 1998, and subse- quent pay periods.’’] ESTABLISHMENT OF FUNDS AND FUNDING TRANSITION Pub. L. 105–261, div. A, title IX, § 906(b)–(e), Oct. 17, 1998, 112 Stat. 2095, provided that: ‘‘(b) ESTABLISHMENT OF FUNDS.—Not later than 90 days after the date of the enactment of this Act [Oct. 17, 1998], the Secretary of each military department shall— ‘‘(1) establish the fund required under section 2493(d) of title 10, United States Code (as added by subsection (a)); and ‘‘(2) close the Fisher House Trust Fund established for that department under section 2221 of such title and transfer the amounts in the closed fund to the newly established fund. ‘‘(c) FUNDING TRANSITION.—(1) Of the amount author- ized to be appropriated pursuant to section 301(2) [112 Stat. 1960] for operation and maintenance for the Navy, the Secretary of the Navy shall transfer to the fund es- tablished by that Secretary under section 2493(d) of title 10, United States Code (as added by subsection (a)), such amount as that Secretary considers appro- Page 1978 TITLE 10—ARMED FORCES § 2494 priate for establishing in the fund a corpus sufficient for operating Fisher Houses and Fisher Suites associ- ated with health care facilities of the Department of the Navy. ‘‘(2) Of the amount authorized to be appropriated pur- suant to section 301(4) for operation and maintenance for the Air Force, the Secretary of the Air Force shall transfer to the fund established by that Secretary under section 2493(d) of title 10, United States Code (as added by subsection (a)), such amount as that Sec- retary considers appropriate for establishing in the fund a corpus sufficient for operating Fisher Houses and Fisher Suites associated with health care facilities of the Department of the Air Force. ‘‘(d) REPORTING REQUIREMENTS.—The Secretary of each military department, upon completing the actions required of the Secretary under subsections (b) and (c), shall submit to Congress a report containing— ‘‘(1) the certification of that Secretary that those actions have been completed; and ‘‘(2) a statement of the amount deposited in the fund established by that Secretary under section 2493(d) of title 10, United States Code (as added by subsection (a)). ‘‘(e) AVAILABILITY OF TRANSFERRED AMOUNTS.— Amounts transferred under subsection (b) or (c) to a fund established under section 2493(d) of title 10, United States Code (as added by subsection (a)), shall be avail- able without fiscal year limitation for the purposes for which the fund is established and shall be administered as nonappropriated funds.’’ § 2494. Nonappropriated fund instrumentalities: furnishing utility services for morale, wel- fare, and recreation purposes Appropriations for the Department of Defense may be used to provide utility services for— (1) buildings on military installations au- thorized by regulation to be used for morale, welfare, and recreation purposes; and (2) other morale, welfare, and recreation ac- tivities for members of the armed forces. (Added Pub. L. 108–375, div. A, title VI, § 651(c)(4), Oct. 28, 2004, 118 Stat. 1972.) Editorial Notes PRIOR PROVISIONS A prior section 2494 was renumbered section 2491 of this title. § 2495. Nonappropriated fund instrumentalities: purchase of alcoholic beverages (a) The Secretary of Defense shall provide that— (1) covered alcoholic beverage purchases made for resale on a military installation lo- cated in the United States shall be made from the most competitive source and distributed in the most economical manner, price and other factors considered, except that (2) in the case of malt beverages and wine, such purchases shall be made from, and deliv- ery shall be accepted from, a source within the State in which the military installation con- cerned is located. (b) If a military installation located in the contiguous States is located in more than one State, a source of supply in any State in which the installation is located shall be considered for the purposes of subsection (a)(2) to be a source within the State in which the installa- tion is located. (c)(1) In the case of covered alcoholic beverage purchases of distilled spirits, to determine whether a nonappropriated fund instrumentality of the Department of Defense provides the most economical method of distribution to package stores, the Secretary of Defense shall consider all components of the distribution costs in- curred by the nonappropriated fund instrumen- tality, such as overhead costs (including costs associated with management, logistics, adminis- tration, depreciation, and utilities), the costs of carrying inventory, and handling and distribu- tion costs. (2) The Secretary shall use the agencies per- forming audit functions on behalf of the armed forces and the Inspector General of the Depart- ment of Defense to make determinations under this subsection. (d) In this section: (1) The term ‘‘covered alcoholic beverage purchases’’ means purchases of alcoholic bev- erages by a nonappropriated fund instrumen- tality of the Department of Defense with non- appropriated funds. (2) The term ‘‘State’’ includes the District of Columbia. (Added Pub. L. 99–661, div. A, title III, § 313(a), Nov. 14, 1986, 100 Stat. 3853, § 2488; amended Pub. L. 100–180, div. A, title III, § 312(a), Dec. 4, 1987, 101 Stat. 1073; Pub. L. 104–106, div. A, title III, § 333, Feb. 10, 1996, 110 Stat. 261; Pub. L. 106–398, § 1 [[div. A], title III, § 335], Oct. 30, 2000, 114 Stat. 1654, 1654A–61; renumbered § 2495, Pub. L. 108–375, div. A, title VI, § 651(b)(2), (c)(5), Oct. 28, 2004, 118 Stat. 1971, 1972.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–375 renumbered section 2488 of this title as this section. 2000—Subsec. (c)(2), (3). Pub. L. 106–398 redesignated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘If the use of a private distributor would subject covered alcoholic beverage purchases of dis- tilled spirits to direct or indirect State taxation, a non- appropriated fund instrumentality shall be considered to be the most economical method of distribution re- gardless of the results of the determination under para- graph (1).’’ 1996—Subsec. (a)(1). Pub. L. 104–106, § 333(a), inserted ‘‘and distributed in the most economical manner’’ after ‘‘most competitive source’’. Subsecs. (c), (d). Pub. L. 104–106, § 333(b), added subsec. (c) and redesignated former subsec. (c) as (d). 1987—Subsec. (a)(2). Pub. L. 100–180 struck out ‘‘pur- chased for resale on a military installation located in the contiguous States’’ after ‘‘malt beverages and wines’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–180, div. A, title III, § 312(b), Dec. 4, 1987, 101 Stat. 1073, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to purchases of malt beverages and wine after the end of the 60-day period beginning on the date of the enactment of this Act [Dec. 4, 1987].’’ PROCUREMENT OF MALT BEVERAGES AND WINE BY NONAPPROPRIATED FUND ACTIVITY Pub. L. 109–148, div. A, title VIII, § 8080, Dec. 30, 2005, 119 Stat. 2717, which provided that none of the funds ap-