10 U.S.C. § 2243 — Authority to use appropriated funds to

Page 1827 TITLE 10—ARMED FORCES § 2243 pendents unless the Department is reimbursed for the costs of providing such care; and was repealed and re- stated in section 2549 of this title by Pub. L. 101–510, div. A, title XIV, § 1481(f)(1), (3), Nov. 5, 1990, 104 Stat. 1707.] ‘‘SEC. 9025. [Provided that no funds available to the Department of Defense could be used to lease to non- Federal agencies in the United States aircraft or vehi- cles owned or operated by the Department when suit- able aircraft or vehicles are commercially available in the private sector; and was repealed and restated in section 2550 of this title by Pub. L. 101–510, div. A, title XIV, § 1481(g)(1), (4), Nov. 5, 1990, 104 Stat. 1707.] ‘‘SEC. 9030. [Provided that funds available to the De- partment of Defense could be used by the Department for helicopters and motorized equipment at Defense in- stallations for removal of feral burros and horses; and was repealed and restated in section 2678 of this title by Pub. L. 101–510, div. A, title XIV, § 1481(h)(1), (3), Nov. 5, 1990, 104 Stat. 1708.] ‘‘SEC. 9079. None of the funds appropriated by this Act or hereafter shall be obligated for the second career training program authorized by Public Law 96–347 [amending sections 2109, 3307, 3381 to 3385, and 8335 of Title 5, Government Organization and Employees].’’ The following general provision, that had been re- peated as fiscal year provision in prior appropriation acts, was enacted as permanent law in the Department of Defense Appropriations Act, 1989, Pub. L. 100–463, title VIII, § 8098, Oct. 1, 1988, 102 Stat. 2270–35, which provided that appropriations available to the Depart- ment of Defense for operation and maintenance could be used to pay claims authorized by law to be paid by the Department (except for civil functions), was re- pealed and restated in section 2732 of this title by Pub. L. 101–510, div. A, title XIV, § 1481(j)(1), (3), Nov. 5, 1990, 104 Stat. 1708, 1709. § 2241a. Prohibition on use of funds for publicity or propaganda purposes within the United States Funds available to the Department of Defense may not be obligated or expended for publicity or propaganda purposes within the United States not otherwise specifically authorized by law. (Added Pub. L. 111–84, div. A, title X, § 1031(a)(1), Oct. 28, 2009, 123 Stat. 2448.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 111–84, div. A, title X, § 1031(b), Oct. 28, 2009, 123 Stat. 2448, provided that: ‘‘Section 2241a of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2009, or the date of the enact- ment of this Act [Oct. 28, 2009], whichever is later.’’ § 2241b. Prohibition on contracts providing pay- ments for activities at sporting events to honor members of the armed forces (a) PROHIBITION.—The Department of Defense may not enter into any contract or other agree- ment under which payments are to be made in exchange for activities by the contractor in- tended to honor, or giving the appearance of honoring, members of the armed forces (whether members of the regular components or the re- serve components) at any form of sporting event. (b) CONSTRUCTION.—Nothing in subsection (a) shall be construed as prohibiting the Depart- ment of Defense from taking actions to facili- tate activities intended to honor members of the armed forces at sporting events that are pro- vided on a pro bono basis or otherwise funded with non-Federal funds if such activities are provided and received in accordance with appli- cable rules and regulations regarding the ac- ceptance of gifts by the military departments, the armed forces, and members of the armed forces. (Added Pub. L. 114–92, div. A, title III, § 341(a), Nov. 25, 2015, 129 Stat. 792.) § 2242. Authority to use appropriated funds for certain investigations and security services The Secretary of Defense and the Secretary of each military department may— (1) pay in advance for the expenses of con- ducting investigations in foreign countries in- cident to matters relating to the Department of Defense, to the extent such expenses are de- termined by the investigating officer to be necessary and in accord with local custom; (2) pay expenses incurred in connection with the administration of occupied areas; (3) pay expenses of military courts, boards, and commissions; and (4) reimburse the Administrator of General Services for security guard services furnished by the Administrator to the Department of Defense for the protection of confidential files. (Added Pub. L. 100–370, § 1(e)(1), July 19, 1988, 102 Stat. 844.) HISTORICAL AND REVISION NOTES Paragraphs (1) and (4) of this section and sections 2241(b) and 2253(a)(1) of this title are based on Pub. L. 98–212, title VII, § 705, Dec. 8, 1983, 97 Stat. 1437. Paragraphs (2) and (3) are based on Pub. L. 99–190, § 101(b) [title VIII, §§ 8005(a), 8006(a)], Dec. 19, 1985, 99 Stat. 1185, 1202, 1203. § 2243. Authority to use appropriated funds to support student meal programs in overseas defense dependents’ schools (a) AUTHORITY.—Subject to subsection (b), amounts appropriated to the Department of De- fense for the operation of overseas defense de- pendents’ schools may be used by the Secretary of Defense to enable an overseas meal program to provide students enrolled in such a school with meals at a price equal to the average price paid by students for equivalent meals under a comparable public school meal program in the United States. (b) LIMITATION.—The authority provided by subsection (a) may be used only if the Secretary of Defense determines that Federal payments and commodities provided under section 20 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b) and section 20 of the Child Nutrition Act of 1966 (42 U.S.C. 1789) to support an overseas meal program are insufficient to provide meals under that program at a price for students equal to the average price paid by stu- dents for equivalent meals under a comparable public school meal program in the United States. (c) DETERMINING AVERAGE PRICE.—In deter- mining the average price paid by students in the United States for meals under a school meal program, the Secretary of Defense shall exclude free and reduced price meals provided pursuant to income guidelines. Page 1828 TITLE 10—ARMED FORCES § 2244 (d) OVERSEAS MEAL PROGRAM DEFINED.—In this section, the term ‘‘overseas meal program’’ means a program administered by the Secretary of Defense to provide breakfasts or lunches to students attending overseas defense dependents’ schools. (e) OVERSEAS DEFENSE DEPENDENTS’ SCHOOL DEFINED.—In this section, the term ‘‘overseas defense dependents’ school’’ means the fol- lowing: (1) A school established as part of the de- fense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.). (2) An elementary or secondary school estab- lished pursuant to section 2164 of this title that is located in a territory, commonwealth, or possession of the United States. (Added Pub. L. 101–189, div. A, title III, § 326(a), Nov. 29, 1989, 103 Stat. 1415; amended Pub. L. 106–78, title VII, § 752(b)(7), Oct. 22, 1999, 113 Stat. 1169; Pub. L. 114–92, div. A, title V, § 573(a), (b)(1), Nov. 25, 2015, 129 Stat. 830, 831.) Editorial Notes REFERENCES IN TEXT The Defense Dependents’ Education Act of 1978, re- ferred to in subsec. (e)(1), is title XIV of Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2365, which is classified principally to chapter 25A (§ 921 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 921 of Title 20 and Tables. AMENDMENTS 2015—Pub. L. 114–92, § 573(b)(1), substituted ‘‘Author- ity to use appropriated funds to support student meal programs in overseas defense dependents’ schools’’ for ‘‘Authority to use appropriated funds to support stu- dent meal programs in overseas dependents’ schools’’ in section catchline. Subsec. (a). Pub. L. 114–92, § 573(a)(1), substituted ‘‘overseas defense dependents’ schools’’ for ‘‘the defense dependents’ education system’’ and ‘‘students enrolled in such a school’’ for ‘‘students enrolled in that sys- tem’’. Subsec. (d). Pub. L. 114–92, § 573(a)(2), substituted ‘‘overseas defense dependents’ schools’’ for ‘‘Depart- ment of Defense dependents’ schools which are located outside the United States’’. Subsec. (e). Pub. L. 114–92, § 573(a)(3), added subsec. (e). 1999—Subsec. (b). Pub. L. 106–78 substituted ‘‘Richard B. Russell National School Lunch Act’’ for ‘‘National School Lunch Act’’. § 2244. Security investigations (a) Funds appropriated to the Department of Defense may not be used for the conduct of an investigation by the Department of Defense, or by any other Federal department or agency, for purposes of determining whether to grant a se- curity clearance to an individual or a facility unless the Secretary of Defense determines both of the following: (1) That a current, complete investigation file is not available from any other depart- ment or agency of the Federal Government with respect to that individual or facility. (2) That no other department or agency of the Federal Government is conducting an in- vestigation with respect to that individual or facility that could be used as the basis for de- termining whether to grant the security clear- ance. (b) For purposes of subsection (a)(1), a current investigation file is a file on an investigation that has been conducted within the past five years. (Added Pub. L. 101–510, div. A, title IX, § 904(a), Nov. 5, 1990, 104 Stat. 1621; amended Pub. L. 102–190, div. A, title X, § 1061(a)(11), Dec. 5, 1991, 105 Stat. 1473.) Editorial Notes AMENDMENTS 1991—Subsec. (a)(1), (2). Pub. L. 102–190 substituted ‘‘Government’’ for ‘‘government’’. § 2244a. Equipment scheduled for retirement or disposal: limitation on expenditures for modifications (a) PROHIBITION.—Except as otherwise provided in this section, the Secretary of a military de- partment may not carry out a modification of an aircraft, weapon, vessel, or other item of equipment that the Secretary plans to retire or otherwise dispose of within five years after the date on which the modification, if carried out, would be completed. (b) EXCEPTIONS.— (1) EXCEPTION FOR BELOW-THRESHOLD MODI- FICATIONS.—The prohibition in subsection (a) does not apply to a modification for which the cost is less than $100,000. (2) EXCEPTION FOR TRANSFER OF REUSABLE ITEMS OF VALUE.—The prohibition in sub- section (a) does not apply to a modification in a case in which— (A) the reusable items of value, as deter- mined by the Secretary, installed on the item of equipment as part of such modifica- tion will, upon the retirement or disposal of the item to be modified, be removed from such item of equipment, refurbished, and in- stalled on another item of equipment; and (B) the cost of such modification (includ- ing the cost of the removal and refurbish- ment of reusable items of value under sub- paragraph (A)) is less than $1,000,000. (3) EXCEPTION FOR SAFETY MODIFICATIONS.— The prohibition in subsection (a) does not apply to a safety modification. (c) WAIVER AUTHORITY.—The Secretary con- cerned may waive the prohibition in subsection (a) in the case of any modification otherwise subject to that subsection if the Secretary de- termines that carrying out the modification is in the national security interest of the United States. Whenever the Secretary issues such a waiver, the Secretary shall notify the congres- sional defense committees in writing. (Added Pub. L. 109–163, div. A, title III, § 372(a), Jan. 6, 2006, 119 Stat. 3209.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 105–56, title VIII, § 8053, Oct. 8, 1997, 111