-CITE-

10 USC CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE

PROVISIONS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

.

-HEAD-

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

-MISC1-

Subchap. Sec.

I. Miscellaneous Authorities, Prohibitions, and Limitations on

the Use of Appropriated Funds 2241

II. Miscellaneous Administrative Authority 2251

-CITE-

10 USC SUBCHAPTER I - MISCELLANEOUS AUTHORITIES,

PROHIBITIONS, AND LIMITATIONS ON THE USE OF

APPROPRIATED FUNDS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND

LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

.

-HEAD-

SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND

LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

-MISC1-

Sec.

2241. Availability of appropriations for certain purposes.

2242. Authority to use appropriated funds for certain

investigations and security services.

2243. Authority to use appropriated funds to support student meal

programs in overseas dependents' schools.

2244. Security investigations.

2245. Use of aircraft for proficiency flying: limitation.

2246. Department of Defense golf courses: limitation on use of

appropriated funds.

2247. Use of appropriated funds for operation of Armed Forces

Recreation Center, Europe: limitation.

2248. Purchase of surety bonds: prohibition.

2249. Prohibition on use of funds for documenting economic or

employment impact of certain acquisition programs.

2249a. Prohibition on providing financial assistance to terrorist

countries.

2249b. Display of State flags: prohibition on use of funds to

arbitrarily exclude flag; position and manner of display.

AMENDMENTS

1996 - Pub. L. 104-201, div. A, title X, Sec. 1071(b), Sept. 23,

1996, 110 Stat. 2657, added item 2249b.

Pub. L. 104-106, div. A, title XIII, Sec. 1341(b), div. D,

title XLIII, Sec. 4321(b)(2)(B), Feb. 10, 1996, 110 Stat. 485, 672,

redesignated item 2247, relating to prohibition on use of funds for

documenting economic or employment impact of certain acquisition

programs, as 2249 and added item 2249a.

1994 - Pub. L. 103-355, title VII, Sec. 7202(a)(2), Oct. 13,

1994, 108 Stat. 3379, added item 2247 relating to prohibition on

use of funds for documenting economic or employment impact of

certain acquisition programs.

Pub. L. 103-337, div. A, title III, Sec. 372(b), title X, Sec.

1063(b), Oct. 5, 1994, 108 Stat. 2736, 2848, added item 2247

relating to use of appropriated funds for operation of Armed Forces

Recreation Center, Europe: limitation and item 2248.

1993 - Pub. L. 103-160, div. A, title III, Sec. 312(b), Nov. 30,

1993, 107 Stat. 1618, added item 2246.

1991 - Pub. L. 102-190, div. A, title X, Sec. 1062(a)(3), Dec.

5, 1991, 105 Stat. 1475, made technical correction to directory

language of Pub. L. 101-510, div. A, title XIV, Sec. 1481(e)(2),

Nov. 5, 1990, 104 Stat. 1706. See 1990 amendment note below.

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1481(e)(2), Nov.

5, 1990, 104 Stat. 1706, as amended by Pub. L. 102-190, div. A,

title X, Sec. 1062(a)(3), Dec. 5, 1991, 105 Stat. 1475, added item

2245.

Pub. L. 101-510, div. A, title IX, Sec. 904(b), Nov. 5, 1990,

104 Stat. 1621, added item 2244.

1989 - Pub. L. 101-189, div. A, title III, Sec. 326(b), Nov. 29,

1989, 103 Stat. 1416, added item 2243.

-CITE-

10 USC Sec. 2241 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND

LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

-HEAD-

Sec. 2241. Availability of appropriations for certain purposes

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 100-370, Sec. 1(e)(1), July 19, 1988, 102 Stat.

844.)

-MISC1-

HISTORICAL AND REVISION NOTES

Subsection (a) of this section and sections 2253(b) and 2661(a)

of this title are based on Pub. L. 98-212, title VII, Sec. 735,

Dec. 8, 1983, 97 Stat. 1444, as amended by Pub. L. 98-525, title

XIV, Sec. 1403(a)(2), 1404, Oct. 19, 1984, 98 Stat. 2621.

In two instances, the source section for provisions to be

codified provides that defense appropriations may be used for

''welfare and recreation'' or ''welfare and recreational''

purposes. (Section 735 of Public Law 98-212 and section 8006(b) of

Public Law 99-190, to be codified as 10 U.S.C. 2241(a)(1) and

2490(2), respectively). The committee added the term ''morale'' in

both of these two instances to conform to the usual ''MWR'' usage

for morale, welfare, and recreation activities.

Subsection (b) of this section and sections 2242(1), (4) and

2253(a)(1) of this title are based on Pub. L. 98-212, title VII,

Sec. 705, Dec. 8, 1983, 97 Stat. 1437.

Section 705 of Public Law 98-212, to be codified as 10 U.S.C.

2241(b), provides that defense appropriations may be used in

connection with certain services and supplies ''as may be necessary

to carry out the purposes of this Act''. The reference to ''this

Act'' means Public Law 98-212, the FY84 Defense Appropriations Act.

Language similar to section 705 had been enacted as part of the

annual defense appropriation Act for many years. In the FY84 Act,

section 705 was enacted as a permanent provision. The quoted

phrase above was not, however, revised from the traditional annual

wording as the provision had appeared in annual appropriations Acts

in order to give it effect beyond the fiscal year concerned. Since

the general purpose of a defense appropriations Act is to provide

funds for national defense purposes, the committee, in codifying

this provision, revised the quoted phrase so as to read ''that may

be necessary for the national defense''. No change in meaning is

intended.

FUNDS PROHIBITED FOR CONTRACTS WITH PERSONS CONVICTED OF UNLAWFUL

MANUFACTURE OR SALE OF CONGRESSIONAL MEDALS OF HONOR

Pub. L. 105-262, title VIII, Sec. 8118, Oct. 17, 1998, 112 Stat.

2331, provided that: ''During the current fiscal year and

hereafter, no funds appropriated or otherwise available to the

Department of Defense may be used to award a contract to, extend a

contract with, or approve the award of a subcontract to any person

who within the preceding 15 years has been convicted under section

704 of title 18, United States Code, of the unlawful manufacture or

sale of the Congressional Medal of Honor.''

USE OF FUNDS FOR MODIFICATION OF RETIRED AIRCRAFT, WEAPON, SHIP OR

OTHER ITEM OF EQUIPMENT

Pub. L. 105-56, title VIII, Sec. 8053, Oct. 8, 1997, 111 Stat.

1232, provided that: ''None of the funds provided in this Act (see

Tables for classification) and hereafter shall be available for use

by a military department to modify an aircraft, weapon, ship or

other item of equipment, that the military department concerned

plans to retire or otherwise dispose of within 5 years after

completion of the modification: Provided, That this prohibition

shall not apply to safety modifications: Provided further, That

this prohibition may be waived by the Secretary of a military

department if the Secretary determines it is in the best national

security interest of the United States to provide such waiver and

so notifies the congressional defense committees in writing.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.

8055), Sept. 30, 1996, 110 Stat. 3009-71, 3009-99.

Pub. L. 104-61, title VIII, Sec. 8068, Dec. 1, 1995, 109 Stat.

664.

Pub. L. 103-335, title VIII, Sec. 8079, Sept. 30, 1994, 108 Stat.

2636.

Pub. L. 103-139, title VIII, Sec. 8098, Nov. 11, 1993, 107 Stat.

1462.

Pub. L. 102-396, title IX, Sec. 9034, Oct. 6, 1992, 106 Stat.

1908.

Pub. L. 102-172, title VIII, Sec. 8034, Nov. 26, 1991, 105 Stat.

1178.

Pub. L. 101-511, title VIII, Sec. 8035, Nov. 5, 1990, 104 Stat.

1882.

DEMONSTRATION PROJECT FOR UNIFORM FUNDING OF MORALE, WELFARE, AND

RECREATION ACTIVITIES AT CERTAIN MILITARY INSTALLATIONS

Pub. L. 104-106, div. A, title III, Sec. 335, Feb. 10, 1996, 110

Stat. 262, provided that:

''(a) Demonstration Project Required. - (1) The Secretary of

Defense shall conduct a demonstration project to evaluate the

feasibility of using only nonappropriated funds to support morale,

welfare, and recreation programs at military installations in order

to facilitate the procurement of property and services for those

programs and the management of employees used to carry out those

programs.

''(2) Under the demonstration project -

''(A) procurements of property and services for programs

referred to in paragraph (1) may be carried out in accordance

with laws and regulations applicable to procurements paid for

with nonappropriated funds; and

''(B) appropriated funds available for such programs may be

expended in accordance with laws applicable to expenditures of

nonappropriated funds as if the appropriated funds were

nonappropriated funds.

''(3) The Secretary shall prescribe regulations to carry out

paragraph (2). The regulations shall provide for financial

management and accounting of appropriated funds expended in

accordance with subparagraph (B) of such paragraph.

''(b) Covered Military Installations. - The Secretary shall

select not less than three and not more than six military

installations to participate in the demonstration project.

''(c) Period of Demonstration Project. - The demonstration

project shall terminate not later than September 30, 1998.

''(d) Effect on Employees. - For the purpose of testing fiscal

accounting procedures, the Secretary may convert, for the duration

of the demonstration project, the status of an employee who carries

out a program referred to in subsection (a)(1) from the status of

an employee paid by appropriated funds to the status of a

nonappropriated fund instrumentality employee, except that such

conversion may occur only -

''(1) if the employee whose status is to be converted -

''(A) is fully informed of the effects of such conversion on

the terms and conditions of the employment of that employee for

purposes of title 5, United States Code, and on the benefits

provided to that employee under such title; and

''(B) consents to such conversion; or

''(2) in a manner which does not affect such terms and

conditions of employment or such benefits.

''(e) Reports. - (1) Not later than six months after the date of

the enactment of this Act (Feb. 10, 1996), the Secretary shall

submit to Congress an interim report on the implementation of this

section.

''(2) Not later than December 31, 1998, the Secretary shall

submit to Congress a final report on the results of the

demonstration project. The report shall include a comparison of -

''(A) the cost incurred under the demonstration project in

using employees paid by appropriated funds together with

nonappropriated fund instrumentality employees to carry out the

programs referred to in subsection (a)(1); and

''(B) an estimate of the cost that would have been incurred if

only nonappropriated fund instrumentality employees had been used

to carry out such programs.''

INTERAGENCY COURIER SERVICE

Pub. L. 103-335, title VIII, Sec. 8119, Sept. 30, 1994, 108 Stat.

2649, provided that: ''During the current fiscal year and

hereafter, the Department of State and the Department of Defense

are authorized to provide interagency courier service on a

non-reimbursable basis.''

RESTRICTIONS ON PROCUREMENTS FROM OUTSIDE OF UNITED STATES

Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.

8109), Sept. 30, 1996, 110 Stat. 3009-71, 3009-111, provided for

application of section 9005 of Public Law 102-396 (formerly set out

below), prior to repeal by Pub. L. 107-107, div. A, title VIII,

Sec. 832(b)(2), Dec. 28, 2001, 115 Stat. 1190.

Pub. L. 102-396, title IX, Sec. 9005, Oct. 6, 1992, 106 Stat.

1900, as amended by Pub. L. 103-139, title VIII, Sec. 8005, Nov.

11, 1993, 107 Stat. 1438; Pub. L. 103-355, title IV, Sec. 4401(e),

Oct. 13, 1994, 108 Stat. 3348, provided for restrictions on

procurements from outside of the United States, prior to repeal by

Pub. L. 107-107, div. A, title VIII, Sec. 832(b)(1), Dec. 28,

2001, 115 Stat. 1190.

PROHIBITION ON USE OF FUNDS TO PURCHASE DOGS OR CATS FOR MEDICAL

TRAINING

Pub. L. 101-511, title VIII, Sec. 8019, Nov. 5, 1990, 104 Stat.

1879, provided that: ''None of the funds appropriated by this Act

(see Tables for classification) or hereafter shall be used to

purchase dogs or cats or otherwise fund the use of dogs or cats for

the purpose of training Department of Defense students or other

personnel in surgical or other medical treatment of wounds produced

by any type of weapon: Provided, That the standards of such

training with respect to the treatment of animals shall adhere to

the Federal Animal Welfare Law and to those prevailing in the

civilian medical community.''

RESTORATION, CANCELLATION, OR CLOSURE OF CERTAIN DEPARTMENT OF

DEFENSE APPROPRIATION ACCOUNT BALANCES

Pub. L. 101-511, title VIII, Sec. 8080, Nov. 5, 1990, 104 Stat.

1893, provided that:

''(a) Upon the date of enactment of this Act (Nov. 5, 1990), the

balances of any unobligated amount of an appropriation of the

Department of Defense which has been withdrawn under the provisions

of section 1552(a)(2) of title 31, United States Code, the

obligated balance of which has not been transferred pursuant to the

provisions of section 1552(a)(1) of title 31, United States Code,

shall be restored to that appropriation. Thirty days following

enactment of this Act all balances of unobligated funds withdrawn

from any account of the Department of Defense under the provisions

of section 1552(a)(2) of title 31, United States Code, prior to the

enactment of this Act, (other than those restored pursuant to the

provisions of this subsection) are cancelled.

''(b) During the current fiscal year and thereafter -

''(1) on the 3rd September 30th after enactment of this section

(Nov. 5, 1990), all obligated balances transferred under section

1552(a)(1) of title 31, United States Code;

''(2) on September 30th of the 5th fiscal year after the period

of availability of an appropriation account of the Department of

Defense available for obligation for a definite period ends or

has ended, with respect to those accounts which, upon the date of

enactment of this section have expired for obligation but whose

obligated balances have not been transferred pursuant to the

provisions of section 1552(a)(1) of title 31, United States Code;

and

''(3) with respect to any appropriation account made available

to the Department of Defense for an indefinite period against

which no obligations have been made for two consecutive years and

upon a determination by the Secretary of Defense or the President

that the purposes of such indefinite appropriation have been

carried out,

any remaining obligated or unobligated balance of such accounts are

closed and thereafter shall not be available for obligation or

expenditure for any purpose: Provided, That collections authorized

to be credited to an account which were not credited to the account

before it was closed shall be deposited in the Treasury as

miscellaneous receipts: Provided further, That, without prior

action by the Comptroller General but without relieving the

Comptroller General of the duty to make decisions under any law or

to settle claims and accounts, when an account is closed (including

accounts covered by subsection (a) of this section) and currently

applicable appropriations of the Department of Defense are not

chargeable, obligations and adjustments to obligations that would

have been chargeable to an account prior to closing, may be

chargeable to currently applicable appropriations of the Department

of Defense available for the same purpose in amounts equal to one

percent of the total appropriation for the current account or the

amount of the original appropriation, whichever is less: Provided

further, That after the end of the period of availability of an

appropriation account available for a definite period and before

closing of that account under this section such account shall be

available for recording, adjusting, and liquidating obligations

properly chargeable to such account in amounts not to exceed the

unobligated expired balances of such appropriation: Provided

further, That with respect to a change to a contract under which

the contractor is required to perform additional work, other than

adjustments to pay claims or increases under an escalation clause

(hereinafter referred to as a contract change), if such a charge

for such a contract change with respect to a program, project or

activity would cause the total amount of such obligations to exceed

$4,000,000 in any single fiscal year for a program, project, or

activity, the obligation may only be made if the obligation is

approved by the Secretary of Defense or, if such a change would

cause the total amount of such obligations to exceed $25,000,000 in

any single fiscal year for a program, project or activity, the

obligation may be made only after 30 days have elapsed after the

Secretary of Defense submits to the Committees on Appropriations

and Armed Services of the Senate and the House of Representatives a

notice of the intention to obligate such funds, together with the

legal basis and the policy reasons for making such an obligation.

''(c) The provisions of this section shall apply to any

appropriation account now or hereafter made unless the

appropriation Act for that account specifically provides for an

extension of the availability of such account and provides an

exception to the five year period of availability for recording,

adjusting and liquidating obligations properly chargeable to that

account.''

AVAILABILITY OF APPROPRIATIONS

The following general provisions, that had been repeated as

fiscal year provisions in prior appropriation acts, were enacted as

permanent law in the Department of Defense Appropriations Act,

1990, Pub. L. 101-165, title IX, Sec. 9002, 9006, 9020, 9025, 9030,

9079, Nov. 21, 1989, 103 Stat. 1129, 1130, 1133-1135, 1147:

''Sec. 9002. (Authorized Secretaries of Defense, Army, Navy, and

Air Force to procure services in accordance with section 3109 of

Title 5, Government Organization and Employees, under regulations

prescribed by the Secretary of Defense, and to pay in connection

therewith travel expenses of individuals while traveling from their

homes or places of business to official duty stations and return;

and was repealed and restated in section 129b of this title by Pub.

L. 101-510, div. A, title XIV, Sec. 1481(b)(1), (3), Nov. 5, 1990,

104 Stat. 1704, 1705.)

''Sec. 9006. (Provided that no appropriations available to the

Department of Defense could be used for operating aircraft under

the jurisdiction of the armed forces for the purpose of proficiency

flying, as defined in Department of Defense Directive 1340.4,

except in accordance with regulations prescribed by the Secretary

of Defense; and was repealed and restated in section 2245 of this

title by Pub. L. 101-510, div. A, title XIV, Sec. 1481(e)(1), (3),

Nov. 5, 1990, 104 Stat. 1706.)

''Sec. 9020. (Provided that no funds available to the Department

of Defense could be used to provide medical care in the United

States on an inpatient basis to foreign military and diplomatic

personnel or their dependents unless the Department is reimbursed

for the costs of providing such care; and was repealed and restated

in section 2549 of this title by Pub. L. 101-510, div. A, title

XIV, Sec. 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 vehicles owned or operated by the

Department when suitable 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,

Sec. 1481(g)(1), (4), Nov. 5, 1990, 104 Stat. 1707.)

''Sec. 9030. (Provided that funds available to the Department of

Defense could be used by the Department for helicopters and

motorized equipment at Defense installations 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, Sec. 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 repeated 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, Sec. 8098, Oct. 1, 1988, 102

Stat. 2270-35, which provided that appropriations available to the

Department 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 repealed and restated in section

2732 of this title by Pub. L. 101-510, div. A, title XIV, Sec.

1481(j)(1), (3), Nov. 5, 1990, 104 Stat. 1708, 1709.

-CITE-

10 USC Sec. 2242 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND

LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

-HEAD-

Sec. 2242. Authority to use appropriated funds for certain

investigations and security services

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 100-370, Sec. 1(e)(1), July 19, 1988, 102 Stat.

844.)

-MISC1-

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,

Sec. 705, Dec. 8, 1983, 97 Stat. 1437.

Paragraphs (2) and (3) are based on Pub. L. 99-190, Sec. 101(b)

(title VIII, Sec. 8005(a), 8006(a)), Dec. 19, 1985, 99 Stat. 1185,

1202, 1203.

-CITE-

10 USC Sec. 2243 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND

LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

-HEAD-

Sec. 2243. Authority to use appropriated funds to support student

meal programs in overseas dependents' schools

-STATUTE-

(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

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 Department of Defense dependents' schools which are

located outside the United States.

-SOURCE-

(Added Pub. L. 101-189, div. A, title III, Sec. 326(a), Nov. 29,

1989, 103 Stat. 1415; amended Pub. L. 106-78, title VII, Sec.

752(b)(7), Oct. 22, 1999, 113 Stat. 1169.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-78 substituted ''Richard B.

Russell National School Lunch Act'' for ''National School Lunch

Act''.

-CITE-

10 USC Sec. 2244 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND

LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

-HEAD-

Sec. 2244. Security investigations

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 101-510, div. A, title IX, Sec. 904(a), Nov. 5,

1990, 104 Stat. 1621; amended Pub. L. 102-190, div. A, title X,

Sec. 1061(a)(11), Dec. 5, 1991, 105 Stat. 1473.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a)(1), (2). Pub. L. 102-190 substituted

''Government'' for ''government''.

-CITE-

10 USC Sec. 2245 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND

LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

-HEAD-

Sec. 2245. Use of aircraft for proficiency flying: limitation

-STATUTE-

(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'' has the

meaning given that term in Department of Defense Directive 1340.4.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XIV, Sec. 1481(e)(1), Nov.

5, 1990, 104 Stat. 1706.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 101-165, title IX, Sec. 9006, Nov. 21, 1989, 103 Stat.

1130, which was set out as a note under section 2241 of this title,

prior to repeal by Pub. L. 101-510, Sec. 1481(e)(3).

-CITE-

10 USC Sec. 2246 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND

LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

-HEAD-

Sec. 2246. Department of Defense golf courses: limitation on use of

appropriated funds

-STATUTE-

(a) Limitation. - Except as provided in subsection (b), funds

appropriated to the Department of Defense may not be used to equip,

operate, or maintain a golf course at a facility or installation of

the Department of Defense.

(b) Exceptions. - (1) Subsection (a) does not apply to a golf

course at a facility or installation outside the United States or

at a facility or installation inside the United States at a

location 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.

-SOURCE-

(Added Pub. L. 103-160, div. A, title III, Sec. 312(a), Nov. 30,

1993, 107 Stat. 1618.)

-CITE-

10 USC Sec. 2247 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND

LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

-HEAD-

Sec. 2247. Use of appropriated funds for operation of Armed Forces

Recreation Center, Europe: limitation

-STATUTE-

(a) Limitation. - Except as provided in subsection (b), funds

appropriated to the Department 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.

-SOURCE-

(Added Pub. L. 103-337, div. A, title III, Sec. 372(a), Oct. 5,

1994, 108 Stat. 2735; amended Pub. L. 105-85, div. A, title III,

Sec. 375, Nov. 18, 1997, 111 Stat. 1708.)

-COD-

CODIFICATION

Another section 2247 was renumbered section 2249 of this title.

-MISC3-

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-85 substituted ''the maintenance,

repair, or renovation of real property, and the transportation''

for ''real property maintenance, and transportation''.

-CITE-

10 USC Sec. 2248 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND

LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

-HEAD-

Sec. 2248. Purchase of surety bonds: prohibition

-STATUTE-

Funds appropriated or otherwise made available to the Department

of Defense for fiscal years 1995 through 1999 may not be obligated

or expended for the purchase of surety bonds or other guarantees of

financial responsibility in order to guarantee the performance of

any direct function of the Department of Defense.

-SOURCE-

(Added Pub. L. 103-337, div. A, title X, Sec. 1063(a), Oct. 5,

1994, 108 Stat. 2848.)

-CITE-

10 USC Sec. 2249 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND

LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

-HEAD-

Sec. 2249. Prohibition on use of funds for documenting economic or

employment impact of certain acquisition programs

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 103-355, title VII, Sec. 7202(a)(1), Oct. 13, 1994,

108 Stat. 3379, Sec. 2247; renumbered Sec. 2249, Pub. L. 104-106,

div. D, title XLIII, Sec. 4321(b)(2)(A), Feb. 10, 1996, 110 Stat.

672.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 renumbered section 2247 of this title as

this section.

EFFECTIVE DATE

For effective date and applicability of section, see section

10001 of Pub. L. 103-355 set out as an Effective Date of 1994

Amendment note under section 251 of Title 41, Public Contracts.

-CITE-

10 USC Sec. 2249a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND

LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

-HEAD-

Sec. 2249a. Prohibition on providing financial assistance to

terrorist countries

-STATUTE-

(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 U.S.C. App. 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)).

-SOURCE-

(Added Pub. L. 104-106, div. A, title XIII, Sec. 1341(a), Feb. 10,

1996, 110 Stat. 485; amended Pub. L. 105-85, div. A, title X, Sec.

1073(a)(40), Nov. 18, 1997, 111 Stat. 1902; Pub. L. 106-65, div.

A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(2)(A). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1997 - Subsec. (a)(1). Pub. L. 105-85 substituted ''50 U.S.C.

App. 2405(j)(1)(A)'' for ''50 App. 2405(j)''.

-CITE-

10 USC Sec. 2249b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER I - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND

LIMITATIONS ON THE USE OF APPROPRIATED FUNDS

-HEAD-

Sec. 2249b. Display of State flags: prohibition on use of funds to

arbitrarily exclude flag; position and manner of display

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-201, div. A, title X, Sec. 1071(a), Sept. 23,

1996, 110 Stat. 2656; amended Pub. L. 105-225, Sec. 4(a)(1), Aug.

12, 1998, 112 Stat. 1498.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-225 substituted ''section 7 of

title 4 and any modification of section 7 under section 10 of title

4'' for ''the provisions of section 3 of the Joint Resolution of

June 22, 1942 (56 Stat. 378, chapter 435; 36 U.S.C. 175), and any

modification of such provisions under section 8 of that Joint

Resolution (36 U.S.C. 178)''.

-CITE-

10 USC SUBCHAPTER II - MISCELLANEOUS ADMINISTRATIVE

AUTHORITY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER II - MISCELLANEOUS ADMINISTRATIVE AUTHORITY

.

-HEAD-

SUBCHAPTER II - MISCELLANEOUS ADMINISTRATIVE AUTHORITY

-MISC1-

Sec.

2251. Household furnishings and other property: personnel outside

the United States or in Alaska or Hawaii.

2252. Rewards: missing property.

2253. Motor vehicles.

2254. Treatment of reports of aircraft accident investigations.

2255. Aircraft accident investigation boards: composition

requirements.

2257. Use of recruiting materials for public relations.

2259. Transit pass program: personnel in poor air quality areas.

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1082(a)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A-285, added item

2259.

1999 - Pub. L. 106-65, div. A, title V, Sec. 574(b), Oct. 5,

1999, 113 Stat. 624, added item 2257.

1996 - Pub. L. 104-201, div. A, title IX, Sec. 911(a)(2), Sept.

23, 1996, 110 Stat. 2622, added item 2255.

1992 - Pub. L. 102-484, div. A, title X, Sec. 1071(a)(2), Oct.

23, 1992, 106 Stat. 2508, added item 2254.

-CITE-

10 USC Sec. 2251 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER II - MISCELLANEOUS ADMINISTRATIVE AUTHORITY

-HEAD-

Sec. 2251. Household furnishings and other property: personnel

outside the United States or in Alaska or Hawaii

-STATUTE-

(a) In General. - Subject to subsection (b), the Secretary of the

military department concerned may -

(1) purchase household furnishings and automobiles from members

of the armed forces and civilian employees of the Department of

Defense on duty outside the United States or in Hawaii for resale

at cost to incoming personnel; and

(2) provide household furnishings, without charge, in other

than public quarters occupied by members of the armed forces or

civilian employees of the Department of Defense who are on duty

outside the United States or in Alaska or Hawaii.

(b) Required Determination. - The authority provided in

subsection (a) may be used only when it is determined, under

regulations approved by the Secretary of Defense, that the use of

that authority would be advantageous to the United States.

-SOURCE-

(Added Pub. L. 100-370, Sec. 1(e)(1), July 19, 1988, 102 Stat.

845.)

-MISC1-

HISTORICAL AND REVISION NOTES

Section is based on Pub. L. 98-212, title VII, Sec. 723, Dec. 8,

1983, 97 Stat. 1443.

-CITE-

10 USC Sec. 2252 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER II - MISCELLANEOUS ADMINISTRATIVE AUTHORITY

-HEAD-

Sec. 2252. Rewards: missing property

-STATUTE-

The Secretary of Defense and the Secretary of each military

department may pay a reward of not more than $500 in any case for

information leading to the discovery of missing property under the

jurisdiction of that Secretary or leading to the recovery of such

property.

-SOURCE-

(Added Pub. L. 100-370, Sec. 1(e)(1), July 19, 1988, 102 Stat.

845.)

-MISC1-

HISTORICAL AND REVISION NOTES

Section is based on Pub. L. 99-190, Sec. 101(b) (title VIII, Sec.

8005(b)), Dec. 19, 1985, 99 Stat. 1185, 1202.

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 7209 of this title prior to repeal by Pub. L. 100-370, Sec.

1(e)(3)(A).

-CITE-

10 USC Sec. 2253 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER II - MISCELLANEOUS ADMINISTRATIVE AUTHORITY

-HEAD-

Sec. 2253. Motor vehicles

-STATUTE-

(a) General Authorities. - The Secretary of Defense and the

Secretary of each military department may -

(1) provide for insurance of official motor vehicles in a

foreign country when the laws of such country require such

insurance; and

(2) purchase right-hand drive vehicles at a cost of not more

than $30,000 each.

(b) Hire of Passenger Vehicles. - Amounts appropriated to the

Department of Defense for operation and maintenance of the active

forces may be used for the hire of passenger motor vehicles.

-SOURCE-

(Added Pub. L. 100-370, Sec. 1(e)(1), July 19, 1988, 102 Stat. 845;

amended Pub. L. 105-85, div. A, title VIII, Sec. 805, Nov. 18,

1997, 111 Stat. 1834.)

-MISC1-

HISTORICAL AND REVISION NOTES

Subsection (a)(1) of this section and sections 2241(b) and

2242(1), (4) of this title are based on Pub. L. 98-212, title VII,

Sec. 705, Dec. 8, 1983, 97 Stat. 1437.

Subsection (a)(2) is based on Pub. L. 99-190, Sec. 101(b) (title

VIII, Sec. 8005(i)), Dec. 19, 1985, 99 Stat. 1185, 1202.

Subsection (b) of this section and sections 2241(a) and 2661(a)

of this title are based on Pub. L. 98-212, title VII, Sec. 735,

Dec. 8, 1983, 97 Stat. 1444, as amended by Pub. L. 98-525, title

XIV, Sec. 1403(a)(2), 1404, Oct. 19, 1984, 98 Stat. 2621.

AMENDMENTS

1997 - Subsec. (a)(2). Pub. L. 105-85 substituted ''$30,000'' for

''$12,000''.

-CITE-

10 USC Sec. 2254 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER II - MISCELLANEOUS ADMINISTRATIVE AUTHORITY

-HEAD-

Sec. 2254. Treatment of reports of aircraft accident investigations

-STATUTE-

(a) In General. - (1) Whenever the Secretary of a military

department conducts an accident investigation of an accident

involving an aircraft under the jurisdiction of the Secretary, the

records and report of the investigations shall be treated in

accordance with this section.

(2) For purposes of this section, an accident investigation is

any form of investigation of an aircraft accident other than an

investigation (known as a ''safety investigation'') that is

conducted solely to determine the cause of the accident and to

obtain information that may prevent the occurrence of similar

accidents.

(b) Public Disclosure of Certain Accident Investigation

Information. - (1) The Secretary concerned, upon request, shall

publicly disclose unclassified tapes, scientific reports, and other

factual information pertinent to an aircraft accident

investigation, before the release of the final accident

investigation report relating to the accident, if the Secretary

concerned determines -

(A) that such tapes, reports, or other information would be

included within and releasable with the final accident

investigation report; and

(B) that release of such tapes, reports, or other information -

(i) would not undermine the ability of accident or safety

investigators to continue to conduct the investigation; and

(ii) would not compromise national security.

(2) A disclosure under paragraph (1) may not be made by or

through officials with responsibility for, or who are conducting, a

safety investigation with respect to the accident.

(c) Opinions Regarding Causation of Accident. - Following a

military aircraft accident -

(1) if the evidence surrounding the accident is sufficient for

the investigators who conduct the accident investigation to come

to an opinion (or opinions) as to the cause or causes of the

accident, the final report of the accident investigation shall

set forth the opinion (or opinions) of the investigators as to

the cause or causes of the accident; and

(2) if the evidence surrounding the accident is not sufficient

for those investigators to come to an opinion as to the cause or

causes of the accident, the final report of the accident

investigation shall include a description of those factors, if

any, that, in the opinion of the investigators, substantially

contributed to or caused the accident.

(d) Use of Information in Civil Proceedings. - For purposes of

any civil or criminal proceeding arising from an aircraft accident,

any opinion of the accident investigators as to the cause of, or

the factors contributing to, the accident set forth in the accident

investigation report may not be considered as evidence in such

proceeding, nor may such information be considered an admission of

liability by the United States or by any person referred to in

those conclusions or statements.

(e) Regulations. - The Secretary of each military department

shall prescribe regulations to carry out this section.

-SOURCE-

(Added Pub. L. 102-484, div. A, title X, Sec. 1071(a)(1), Oct. 23,

1992, 106 Stat. 2507.)

-MISC1-

EFFECTIVE DATE

Section 1071(c) of Pub. L. 102-484 provided that: ''Section 2254

of title 10, United States Code, as added by subsection (a), shall

apply with respect to accidents occurring on or after the date on

which regulations are first prescribed under that section.''

REGULATIONS

Pub. L. 105-261, div. A, title X, Sec. 1065(c), Oct. 17, 1998,

112 Stat. 2134, provided that: ''The Secretary of Defense shall

prescribe regulations, which shall be applied uniformly across the

Department of Defense, establishing procedures by which the

military departments shall provide to the family members of any

person involved in a military aviation accident periodic update

reports on the conduct and progress of investigations into the

accident.''

Section 1071(b) of Pub. L. 102-484 provided that: ''Regulations

under section 2254 of title 10, United States Code, as added by

subsection (a), shall be prescribed not later than 180 days after

the date of the enactment of this Act (Oct. 23, 1992).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2255 of this title.

-CITE-

10 USC Sec. 2255 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER II - MISCELLANEOUS ADMINISTRATIVE AUTHORITY

-HEAD-

Sec. 2255. Aircraft accident investigation boards: composition

requirements

-STATUTE-

(a) Required Membership of Boards. - Whenever the Secretary of a

military department convenes an aircraft accident investigation

board to conduct an accident investigation (as described in section

2254(a)(2) of this title) with respect to a Class A accident

involving an aircraft under the jurisdiction of the Secretary, the

Secretary shall select the membership of the board so that -

(1) a majority of the members (or in the case of a board

consisting of a single member, the member) is selected from units

other than the mishap unit or a unit subordinate to the mishap

unit; and

(2) in the case of a board consisting of more than one member,

at least one member of the board is a member of the armed forces

or an officer or an employee of the Department of Defense who

possesses knowledge and expertise relevant to aircraft accident

investigations.

(b) Exception. - (1) The Secretary of the military department

concerned may waive the requirement of subsection (a)(1) in the

case of an aircraft accident if the Secretary determines that -

(A) it is not practicable to meet the requirement because of -

(i) the remote location of the aircraft accident;

(ii) an urgent need to promptly begin the investigation; or

(iii) a lack of available persons outside of the mishap unit

who have adequate knowledge and expertise regarding the type of

aircraft involved in the accident; and

(B) the objectivity and independence of the aircraft accident

investigation board will not be compromised.

(2) The Secretary shall notify Congress of a waiver exercised

under this subsection and the reasons therefor.

(c) Consultation Requirement. - In the case of an aircraft

accident investigation board consisting of a single member, the

member shall consult with a member of the armed forces or an

officer or an employee of the Department of Defense who possesses

knowledge and expertise relevant to aircraft accident

investigations.

(d) Designation of Class A Accidents. - Not later than 60 days

after an aircraft accident involving an aircraft under the

jurisdiction of the Secretary of a military department, the

Secretary shall determine whether the aircraft accident should be

designated as a Class A accident for purposes of this section.

(e) Definitions. - In this section:

(1) The term ''Class A accident'' means an accident involving

an aircraft that results in -

(A) the loss of life or permanent disability;

(B) damages to the aircraft, other property, or a combination

of both, in an amount in excess of the amount specified by the

Secretary of Defense for purposes of determining Class A

accidents; or

(C) the destruction of the aircraft.

(2) The term ''mishap unit'', with respect to an aircraft

accident investigation, means the unit of the armed forces (at

the squadron or battalion level or equivalent) to which was

assigned the flight crew of the aircraft that sustained the

accident that is the subject of the investigation.

-SOURCE-

(Added Pub. L. 104-201, div. A, title IX, Sec. 911(a)(1), Sept.

23, 1996, 110 Stat. 2621.)

-MISC1-

EFFECTIVE DATE

Section 911(b) of Pub. L. 104-201 provided that: ''Section 2255

of title 10, United States Code, as added by subsection (a), shall

apply with respect to any aircraft accident investigation board

convened by the Secretary of a military department after the end of

the six-month period beginning on the date of the enactment of this

Act (Sept. 23, 1996).''

-CITE-

10 USC Sec. 2257 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER II - MISCELLANEOUS ADMINISTRATIVE AUTHORITY

-HEAD-

Sec. 2257. Use of recruiting materials for public relations

-STATUTE-

The Secretary of Defense may use for public relations purposes of

the Department of Defense any advertising materials developed for

use for recruitment and retention of personnel for the armed

forces. Any such use shall be under such conditions and subject to

such restrictions as the Secretary of Defense shall prescribe.

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 574(a), Oct. 5, 1999,

113 Stat. 624.)

-CITE-

10 USC Sec. 2259 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 134 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS

SUBCHAPTER II - MISCELLANEOUS ADMINISTRATIVE AUTHORITY

-HEAD-

Sec. 2259. Transit pass program: personnel in poor air quality

areas

-STATUTE-

(a) Establishment of Program. - To encourage Department of

Defense personnel assigned to duty, or employed, in poor air

quality areas to use means other than single-occupancy motor

vehicles to commute to or from the location of their duty

assignments, the Secretary of Defense shall exercise the authority

provided in section 7905 of title 5 to establish a program to

provide a transit pass benefit under subsection (b)(2)(A) of that

section for members of the Army, Navy, Air Force, and Marine Corps

who are assigned to duty, and to Department of Defense civilian

officers and employees who are employed, in a poor air quality

area.

(b) Poor Air Quality Areas. - In this section, the term ''poor

air quality area'' means an area -

(1) that is subject to the national ambient air quality

standards promulgated by the Administrator of the Environmental

Protection Agency under section 109 of the Clean Air Act (42

U.S.C. 7409); and

(2) that, as determined by the Administrator of the

Environmental Protection Agency, is a nonattainment area with

respect to any of those standards.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1082(a)(1)), Oct. 30, 2000, 114 Stat. 1654, 1654A-285.)

-MISC1-

TIME FOR IMPLEMENTATION

Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1082(b)), Oct.

30, 2000, 114 Stat. 1654, 1654A-285, provided that: ''The Secretary

of Defense shall prescribe the effective date for the transit pass

program required under section 2259 of title 10, United States

Code, as added by subsection (a). The effective date so prescribed

may not be later than the first day of the first month that begins

on or after the date that is 180 days after the date of the

enactment of this Act (Oct. 30, 2000).''

-CITE-