TITLE 10 - US CODE - SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

10 USC 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.

10 USC 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.

10 USC 2243 - Authority to use appropriated funds to support student meal programs in overseas dependents schools

(a) Authority.— 
Subject to subsection (b), amounts appropriated to the Department of Defense for the operation of the defense dependents education system may be used by the Secretary of Defense to enable an overseas meal program to provide students enrolled in that system with meals at a price equal to the average price paid by students for equivalent meals under a comparable school">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 school">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 Department of Defense dependents schools which are located outside the United States.

10 USC 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.

10 USC 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.

10 USC 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 members 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.

10 USC 2245a - Use of operation and maintenance funds for purchase of investment items: limitation

Funds appropriated to the Department of Defense for operation and maintenance may not be used to purchase any item (including any item to be acquired as a replacement for an item) that has an investment item unit cost that is greater than $250,000.

10 USC 2246 - Renumbered 2491a]

10 USC 2247 - Renumbered 2491b]

10 USC 2248 - Repealed. Pub. L. 108136, div. A, title X, 1045(a)(5)(A), Nov. 24, 2003, 117 Stat. 1612]

Section, added Pub. L. 103–337, div. A, title X, 1063(a), Oct. 5, 1994, 108 Stat. 2848, related to prohibition on purchase of surety bonds.

10 USC 2249 - Prohibition on use of funds for documenting economic or employment impact of certain acquisition programs

No funds appropriated by the Congress may be obligated or expended to assist any contractor of the Department of Defense in preparing any material, report, lists, or analysis with respect to the actual or projected economic or employment impact in a particular State or congressional district of an acquisition program for which all research, development, testing, and evaluation has not been completed.

10 USC 2249a - Prohibition on providing financial assistance to terrorist countries

(a) Prohibition.— 
Funds available to the Department of Defense may not be obligated or expended to provide financial assistance to
(1) any country with respect to which the Secretary of State has made a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 App. U.S.C. 2405 (j)(1)(A));
(2) any country identified in the latest report submitted to Congress under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), as providing significant support for international terrorism; or
(3) any other country that, as determined by the President
(A) grants sanctuary from prosecution to any individual or group that has committed an act of international terrorism; or
(B) otherwise supports international terrorism.
(b) Waiver.— 

(1) The President may waive the application of subsection (a) to a country if the President determines
(A) that it is in the national security interests of the United States to do so; or
(B) that the waiver should be granted for humanitarian reasons.
(2) The President shall
(A) notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives at least 15 days before the waiver takes effect; and
(B) publish a notice of the waiver in the Federal Register.
(c) Definition.— 
In this section, the term international terrorism has the meaning given that term in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f (d)).

10 USC 2249b - Display of State flags: prohibition on use of funds to arbitrarily exclude flag; position and manner of display

(a) Prohibition on Use of Funds.— 
Funds available to the Department of Defense may not be used to prescribe or enforce any rule that arbitrarily excludes the official flag of any State, territory, or possession of the United States from any display of the flags of the States, territories, and possessions of the United States at an official ceremony of the Department of Defense.
(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.

10 USC 2249c - Regional Defense Combating Terrorism Fellowship Program: authority to use appropriated funds for costs associated with education and training of foreign officials

(a) Authority To Use Funds.— 
Under regulations prescribed by the Secretary of Defense, funds appropriated to the Department of Defense may be used to pay any costs associated with the education and training of foreign military officers, ministry of defense officials, or security officials at military or civilian educational institutions, regional centers, conferences, seminars, or other training programs conducted under the Regional Defense Combating Terrorism Fellowship Program. Costs for which payment may be made under this section include the costs of transportation and travel and subsistence costs.
(b) Limitation.— 
The total amount of funds used under the authority in subsection (a) in any fiscal year may not exceed $35,000,000. Amounts available under the authority in subsection (a) for a fiscal year may be used for programs that begin in such fiscal year but end in the next fiscal year.
(c) Annual Report.— 
Not later than December 1 of each year, the Secretary of Defense shall submit to Congress a report on the administration of this section during the fiscal year ended in such year. The report shall include the following matters:
(1) A complete accounting of the expenditure of appropriated funds for purposes authorized under subsection (a), including
(A) the countries of the foreign officers and officials for whom costs were paid; and
(B) for each such country, the total amount of the costs paid.
(2) The training courses attended by the foreign officers and officials, including a specification of which, if any, courses were conducted in foreign countries.
(3) An assessment of the effectiveness of the program referred to in subsection (a) in increasing the cooperation of the governments of foreign countries with the United States in the global war on terrorism.
(4) A discussion of any actions being taken to improve the program.

10 USC 2249d - Distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability with the armed forces

(a) Distribution Authorized.— 
To enhance interoperability between the armed forces and military forces of friendly foreign nations, the Secretary of Defense, with the concurrence of the Secretary of State, may
(1) provide to personnel referred to in subsection (b) electronically-distributed learning content for the education and training of such personnel for the development or enhancement of allied and friendly military and civilian capabilities for multinational operations, including joint exercises and coalition operations; and
(2) provide information technology, including computer software developed for such purpose, but only to the extent necessary to support the use of such learning content for the education and training of such personnel.
(b) Authorized Recipients.— 
The personnel to whom learning content and information technology may be provided under subsection (a) are military and civilian personnel of a friendly foreign government, with the permission of that government.
(c) Education and Training.— 
Any education and training provided under subsection (a) shall include the following:
(1) Internet-based education and training.
(2) Advanced distributed learning and similar Internet learning tools, as well as distributed training and computer-assisted exercises.
(d) Applicability of Export Control Regimes.— 
The provision of learning content and information technology under this section shall be subject to the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.) and any other export control regime under law relating to the transfer of military technology to foreign nations.
(e) Guidance on Utilization of Authority.— 

(1) Guidance required.— 
The Secretary of Defense shall develop and issue guidance on the procedures for the use of the authority in this section.
(2) Modification.— 
If the Secretary modifies the guidance issued under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report setting forth the modified guidance not later than 30 days after the date of such modification.
(f) Annual Report.— 

(1) Report required.— 
Not later than October 31 following each fiscal year in which the authority in this section is used, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the exercise of the authority during such fiscal year.
(2) Elements.— 
Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following:
(A) A statement of the recipients of learning content and information technology provided under this section.
(B) A description of the type, quantity, and value of the learning content and information technology provided under this section.
(g) Appropriate Committees of Congress Defined.— 
In this section, the term appropriate committees of Congress means
(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.