10 U.S.C. § 2492 — Nonappropriated fund instrumentalities:

Page 1975 TITLE 10—ARMED FORCES § 2492 funds to the status of an employee of a non- appropriated fund instrumentality shall be with- out a break in service for the concerned em- ployee. The conversion shall not entitle an em- ployee to severance pay, back pay or separation pay under subchapter IX of chapter 55 of title 5, or be considered an involuntary separation or other adverse personnel action entitling an em- ployee to any right or benefit under such title or any other provision of law or regulation. (4) In this subsection, the term ‘‘an employee of a nonappropriated fund instrumentality’’ means an employee described in section 2105(c) of title 5. (Added Pub. L. 107–314, div. A, title III, § 323(a), Dec. 2, 2002, 116 Stat. 2510, § 2494; renumbered § 2491, Pub. L. 108–375, div. A, title VI, § 651(c)(2), Oct. 28, 2004, 118 Stat. 1972.) Editorial Notes PRIOR PROVISIONS A prior section 2491 was renumbered section 4801 of this title. AMENDMENTS 2004—Pub. L. 108–375 renumbered section 2494 of this title as this section. § 2491a. Department of Defense golf courses: limi- tation on use of appropriated funds (a) LIMITATION.—Except as provided in sub- section (b), funds appropriated to the Depart- ment of Defense may not be used to equip, oper- ate, or maintain a golf course at a facility or in- stallation of the Department of Defense. (b) EXCEPTIONS.—(1) Subsection (a) does not apply to a golf course at a facility or installa- tion outside the United States or at a facility or installation inside the United States at a loca- tion designated by the Secretary of Defense as a remote and isolated location. (2) The Secretary of Defense shall prescribe regulations governing the use of appropriated funds under this subsection. (Added Pub. L. 103–160, div. A, title III, § 312(a), Nov. 30, 1993, 107 Stat. 1618, § 2246; renumbered § 2491a, Pub. L. 108–375, div. A, title VI, § 651(d), Oct. 28, 2004, 118 Stat. 1972.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–375 renumbered section 2246 of this title as this section. § 2491b. Use of appropriated funds for operation of Armed Forces Recreation Center, Europe: limitation (a) LIMITATION.—Except as provided in sub- section (b), funds appropriated to the Depart- ment of Defense may not be used to operate the Armed Forces Recreation Center, Europe. (b) EXCEPTION.—Subsection (a) does not apply to the use of funds for the payment of utilities, the maintenance, repair, or renovation of real property, and the transportation of products made in the United States. (Added Pub. L. 103–337, div. A, title III, § 372(a), Oct. 5, 1994, 108 Stat. 2735, § 2247; amended Pub. L. 105–85, div. A, title III, § 375, Nov. 18, 1997, 111 Stat. 1708; renumbered § 2491b, Pub. L. 108–375, div. A, title VI, § 651(d), Oct. 28, 2004, 118 Stat. 1972.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–375 renumbered section 2247 of this title as this section. 1997—Subsec. (b). Pub. L. 105–85 substituted ‘‘the maintenance, repair, or renovation of real property, and the transportation’’ for ‘‘real property mainte- nance, and transportation’’. § 2491c. Retention of morale, welfare, and recre- ation funds by military installations: limita- tion Amounts may not be retained in a non- appropriated morale, welfare, and recreation ac- count of a military installation of an armed force in excess of the amount necessary to meet cash requirements of that installation. Amounts in excess of that amount shall be transferred to a single nonappropriated morale, welfare, and recreation account for that armed force. This section does not apply to the Coast Guard. (Added Pub. L. 103–337, div. A, title III, § 373(a), Oct. 5, 1994, 108 Stat. 2736, § 2219; amended Pub. L. 104–106, div. A, title III, § 341, Feb. 10, 1996, 110 Stat. 265; renumbered § 2491c, Pub. L. 108–375, div. A, title VI, § 651(d), Oct. 28, 2004, 118 Stat. 1972.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–375 renumbered section 2219 of this title as this section. 1996—Pub. L. 104–106, in first sentence, substituted ‘‘an armed force’’ for ‘‘a military department’’, in sec- ond sentence, substituted ‘‘a single, nonappropriated morale, welfare, and recreation account for that armed force’’ for ‘‘a single, department-wide nonappropriated morale, welfare, and recreation account of the military department’’, and inserted after second sentence ‘‘This section does not apply to the Coast Guard.’’ Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 2492. Nonappropriated fund instrumentalities: contracts with other agencies and instru- mentalities to provide and obtain goods and services An agency or instrumentality of the Depart- ment of Defense that supports the operation of the exchange system, or the operation of a mo- rale, welfare, and recreation system, of the De- partment of Defense may enter into a contract or other agreement with another element of the Department of Defense or with another Federal department, agency, or instrumentality— 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.