1. U.S. Code
  2. title 10
  3. subtitle A
  4. part IV
  5. chapter 134
  6. subchapter I
  7. § 2249

Collapse to view only [§ 2249. Renumbered § 4652]

§ 2241. Availability of appropriations for certain purposes
(a)Operation and Maintenance Appropriations.—Amounts appropriated to the Department of Defense for operation and maintenance of the active forces may be used for the following purposes:
(1) Morale, welfare, and recreation.
(2) Modification of personal property.
(3) Design of vessels.
(4) Industrial mobilization.
(5) Military communications facilities on merchant vessels.
(6) Acquisition of services, special clothing, supplies, and equipment.
(7) Expenses for the Reserve Officers’ Training Corps and other units at educational institutions.
(b)Necessary Expenses.—Amounts appropriated to the Department of Defense may be used for all necessary expenses, at the seat of the Government or elsewhere, in connection with communication and other services and supplies that may be necessary for the national defense.
(c)Activities of the National Committee for Employer Support of the Guard and Reserve.—Amounts appropriated for operation and maintenance may, under regulations prescribed by the Secretary of Defense, be used by the Secretary for official reception, representation, and advertising activities and materials of the National Committee for Employer Support of the Guard and Reserve to further employer commitments to their employees who are members of a reserve component.
(d)Implementation of Vienna Document 2011.—Amounts appropriated for operation and maintenance may be used by the Secretary of Defense for travel, transportation, and subsistence expenses for meetings and demonstrations hosted by the Department of Defense for the implementation of the Vienna Document 2011 on Confidence and Security-Building Measures.
(Added Pub. L. 100–370, § 1(e)(1), July 19, 1988, 102 Stat. 844; amended Pub. L. 108–136, div. A, title V, § 518, Nov. 24, 2003, 117 Stat. 1462; Pub. L. 118–31, div. A, title X, § 1043, Dec. 22, 2023, 137 Stat. 389.)

CITE AS: 10 USC 2241

§ 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.)

CITE AS: 10 USC 2241a

§ 2241b. Prohibition on contracts providing payments 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 agreement under which payments are to be made in exchange for activities by the contractor intended to honor, or giving the appearance of honoring, members of the armed forces (whether members of the regular components or the reserve components) at any form of sporting event.
(b)Construction.—Nothing in subsection (a) shall be construed as prohibiting the Department of Defense from taking actions to facilitate activities intended to honor members of the armed forces at sporting events that are provided on a pro bono basis or otherwise funded with non-Federal funds if such activities are provided and received in accordance with applicable rules and regulations regarding the acceptance 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.)

CITE AS: 10 USC 2241b

§ 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 conducting investigations in foreign countries incident to matters relating to the Department of Defense, to the extent such expenses are determined 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.)

CITE AS: 10 USC 2242

§ 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 Defense for the operation of overseas defense dependents’ 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 students for equivalent meals under a comparable public school meal program in the United States.
(c)Determining Average Price.—In determining 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.
(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 following:
(1) A school established as part of the defense 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 established 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.)

CITE AS: 10 USC 2243

§ 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 security 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 department 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 investigation with respect to that individual or facility that could be used as the basis for determining whether to grant the security clearance.
(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.)

CITE AS: 10 USC 2244

§ 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 department 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 modifications.—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 subsection (a) does not apply to a modification in a case in which—
(A) the reusable items of value, as determined by the Secretary, installed on the item of equipment as part of such modification will, upon the retirement or disposal of the item to be modified, be removed from such item of equipment, refurbished, and installed on another item of equipment; and
(B) the cost of such modification (including the cost of the removal and refurbishment of reusable items of value under subparagraph (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 concerned may waive the prohibition in subsection (a) in the case of any modification otherwise subject to that subsection if the Secretary determines 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 congressional defense committees in writing.
(Added Pub. L. 109–163, div. A, title III, § 372(a), Jan. 6, 2006, 119 Stat. 3209.)

CITE AS: 10 USC 2244a

§ 2245. Use of aircraft for proficiency flying: limitation
(a) An aircraft under the jurisdiction of a military department may not be used by a member of the armed forces for the purpose of proficiency flying except in accordance with regulations prescribed by the Secretary of Defense.
(b) Such regulations—
(1) may not require proficiency flying by a member except to the extent required for the member to maintain flying proficiency in anticipation of the member’s assignment to combat operations; and
(2) may not permit proficiency flying in the case of a member who is assigned to a course of instruction of 90 days or more.
(c) In this section, the term “proficiency flying” means flying performed under competent orders by a rated or designated member of the armed forces while serving in a non-aviation assignment or in an assignment in which skills would normally not be maintained in the performance of assigned duties.
(Added Pub. L. 101–510, div. A, title XIV, § 1481(e)(1), Nov. 5, 1990, 104 Stat. 1706; amended Pub. L. 110–181, div. A, title X, § 1077, Jan. 28, 2008, 122 Stat. 333.)

CITE AS: 10 USC 2245

[§ 2245a. Repealed. Pub. L. 114–328, div. A, title VIII, § 833(b)(1)(A), Dec. 23, 2016, 130 Stat. 2284]

CITE AS: 10 USC 2245a

§ 2246. Authorization of certain support for military service academy foundations
(a)Authority.—Subject to subsection (b) and pursuant to regulations prescribed by the Secretary of Defense, the Superintendent of a Service Academy may authorize a covered foundation to use, on an unreimbursed basis, facilities or equipment of such Service Academy.
(b)Limitations.—Use of facilities or equipment under subsection (a) may be provided only if such use—
(1) is without any liability of the United States to the covered foundation;
(2) does not affect the ability of any official or employee of the military department concerned, or any member of the armed forces, to carry out any responsibility or duty in a fair and objective manner;
(3) does not compromise the integrity or appearance of integrity of any program of the military department concerned, or any individual involved in such a program;
(4) does not include the participation of any cadet or midshipman, other than participation in an honor guard at an event of the covered foundation;
(5) complies with the Joint Ethics Regulation; and
(6) has been reviewed and approved by an attorney of the military department concerned.
(c)Briefing.—In any fiscal year during which the Superintendent of a Service Academy exercises the authority under subsection (a), the Secretary of the military department concerned shall provide a briefing not later than the last day of that fiscal year to the Committees on Armed Services of the Senate and House of Representatives regarding the number of events or activities of a covered foundation supported by such exercise during such fiscal year.
(d)Definitions.—In this section:
(1) The term “covered foundation” means a charitable, educational, or civic nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986, that the Secretary concerned determines operates exclusively to support, with respect to a Service Academy, any of the following:
(A) Recruiting.
(B) Parent or alumni development.
(C) Academic, leadership, or character development.
(D) Institutional development.
(E) Athletics.
(2) The term “Service Academy” has the meaning given such term in section 347 of this title.
(Added Pub. L. 117–263, div. A, title V, § 551(a), Dec. 23, 2022, 136 Stat. 2591.)

CITE AS: 10 USC 2246

[§ 2247. Renumbered § 2491b]

CITE AS: 10 USC 2247

[§ 2248. Repealed. Pub. L. 108–136, div. A, title X, § 1045(a)(5)(A), Nov. 24, 2003, 117 Stat. 1612]

CITE AS: 10 USC 2248

[§ 2249. Renumbered § 4652]

CITE AS: 10 USC 2249

[§ 2249a. Renumbered § 361]

CITE AS: 10 USC 2249a

§ 2249b. Display of State, District of Columbia, commonwealth, and territorial flags by the armed forces
(a)Display of Flags by Armed Forces.—The Secretary of Defense shall ensure that, whenever the official flags of all 50 States are displayed by the armed forces, such display shall include the flags of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(b)Position and Manner of Display.—The display of an official flag of a State, territory, or possession of the United States at an installation or other facility of the Department shall be governed by section 7 of title 4 and any modification of section 7 under section 10 of title 4.
(Added Pub. L. 104–201, div. A, title X, § 1071(a), Sept. 23, 1996, 110 Stat. 2656; amended Pub. L. 105–225, § 4(a)(1), Aug. 12, 1998, 112 Stat. 1498; Pub. L. 112–239, div. A, title V, § 588(a), (b)(1), Jan. 2, 2013, 126 Stat. 1768, 1769.)

CITE AS: 10 USC 2249b

[§ 2249c. Renumbered § 345]

CITE AS: 10 USC 2249c

[§ 2249d. Renumbered § 346]

CITE AS: 10 USC 2249d

[§ 2249e. Renumbered § 362]

CITE AS: 10 USC 2249e