10 U.S.C. § 2491 — Uniform funding and management of mo-

Page 1974 TITLE 10—ARMED FORCES § 2491 Congress of any change proposed or made to any of the host nation laws or any of the treaty obligations of the United States, and any changed conditions within host nations, if the change would necessitate the use of quantity or other restrictions on purchases in com- missary and exchange stores located outside the United States.’’ 1999—Subsec. (b). Pub. L. 106–65 substituted ‘‘October 17, 1998’’ for ‘‘the date of the enactment of this sec- tion’’. SUBCHAPTER III—MORALE, WELFARE, AND RECREATION PROGRAMS AND NON- APPROPRIATED FUND INSTRUMENTAL- ITIES Sec. 2491. Uniform funding and management of morale, welfare, and recreation programs. 2491a. Department of Defense golf courses: limita- tion on use of appropriated funds. 2491b. Use of appropriated funds for operation of Armed Forces Recreation Center, Europe: limitation. 2491c. Retention of morale, welfare, and recreation funds by military installations: limitation. 2492. Nonappropriated fund instrumentalities: con- tracts with other agencies and instrumen- talities to provide and obtain goods and services. 2492a. Limitation on Department of Defense entities competing with private sector in offering personal information services. 2493. Fisher Houses: administration as non- appropriated fund instrumentality. 2494. Nonappropriated fund instrumentalities: fur- nishing utility services for morale, welfare, and recreation purposes. 2495. Nonappropriated fund instrumentalities: pur- chase of alcoholic beverages. 2495a. Overseas package stores: treatment of United States wines. 2495b. Sale or rental of sexually explicit material prohibited. 2496. Sale of certain goods from the Xinjiang Uyghur Autonomous Region prohibited. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, div. A, title VI, § 651(b), Dec. 23, 2022, 136 Stat. 2639, added item 2496. 2009—Pub. L. 111–84, div. A, title VI, § 651(b), Oct. 28, 2009, 123 Stat. 2369, added item 2492a. 2004—Pub. L. 108–375, div. A, title VI, § 651(c)(1), Oct. 28, 2004, 118 Stat. 1971, added subchapter heading and items 2491 to 2495b. Statutory Notes and Related Subsidiaries TELEPHONE SERVICES FOR MILITARY PERSONNEL SERVING IN COMBAT ZONES Pub. L. 110–181, div. A, title VIII, § 885, Jan. 28, 2008, 122 Stat. 265, as amended by Pub. L. 111–383, div. A, title VI, § 641, Jan. 7, 2011, 124 Stat. 4241; Pub. L. 112–81, div. A, title X, § 1062(c), Dec. 31, 2011, 125 Stat. 1585, provided that: ‘‘(a) COMPETITIVE PROCEDURES REQUIRED.— ‘‘(1) REQUIREMENT.—When the Secretary of Defense considers it necessary to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones, the Secretary shall use com- petitive procedures when entering into a contract to provide those services. ‘‘(2) REVIEW AND DETERMINATION.—Before soliciting bids or proposals for new contracts, or considering ex- tensions to existing contracts, to provide morale, welfare, and recreation telephone services for mili- tary personnel serving in combat zones, the Sec- retary shall review and determine whether it is in the best interest of the Department to require bids or proposals, or adjustments for the purpose of extend- ing a contract, to include options that minimize the cost of the telephone services to individual users while providing individual users the flexibility of using phone cards from other than the prospective contractor. ‘‘(b) EFFECTIVE DATE.— ‘‘(1) REQUIREMENT.—Subsection (a)(1) shall apply to any new contract to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones that is entered into after the date of the enactment of this Act [Jan. 28, 2008]. ‘‘(2) REVIEW AND DETERMINATION.—Subsection (a)(2) shall apply to any new contract or extension to an existing contract to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones that is entered into or agreed upon after the date of the enactment of this Act. ‘‘(c) MORALE, WELFARE, AND RECREATION TELEPHONE SERVICES DEFINED.—In this section, the term ‘morale, welfare, and recreation telephone services’ means unof- ficial telephone calling center services supporting call- ing centers provided by the Army and Air Force Ex- change Service, Navy Exchange Service Command, Ma- rine Corps exchanges, or any other nonappropriated fund instrumentality of the United States under the ju- risdiction of the Armed Forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.’’ § 2491. Uniform funding and management of mo- rale, welfare, and recreation programs (a) AUTHORITY FOR UNIFORM FUNDING AND MAN- AGEMENT.—Under regulations prescribed by the Secretary of Defense, funds appropriated to the Department of Defense and available for morale, welfare, and recreation programs may be treated as nonappropriated funds and expended in ac- cordance with laws applicable to the expendi- tures of nonappropriated funds. When made available for morale, welfare, and recreation programs under such regulations, appropriated funds shall be considered to be nonappropriated funds for all purposes and shall remain available until expended. (b) CONDITIONS ON AVAILABILITY.—Funds ap- propriated to the Department of Defense may be made available to support a morale, welfare, or recreation program only if the program is au- thorized to receive appropriated fund support and only in the amounts the program is author- ized to receive. (c) CONVERSION OF EMPLOYMENT POSITIONS.—(1) The Secretary of Defense may identify positions of employees in morale, welfare, and recreation programs within the Department of Defense who are paid with appropriated funds whose status may be converted from the status of an em- ployee paid with appropriated funds to the sta- tus of an employee of a nonappropriated fund in- strumentality. (2) The status of an employee in a position identified by the Secretary under paragraph (1) may, with the consent of the employee, be con- verted to the status of an employee of a non- appropriated fund instrumentality. An employee who does not consent to the conversion may not be removed from the position because of the fail- ure to provide such consent. (3) The conversion of an employee from the status of an employee paid by appropriated 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—