10 U.S.C. § 2491b — Use of appropriated funds for operation

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—