§ 2241. Availability of appropriations for certain purposes

§ 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.)

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, § 735, Dec. 8, 1983, 97 Stat. 1444, as amended by Pub. L. 98–525, title XIV, §§ 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, § 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.

Editorial Notes

Amendments

2023—Subsec. (d). Pub. L. 118–31 added subsec. (d).

2003—Subsec. (c). Pub. L. 108–136 added subsec. (c).

Statutory Notes and Related Subsidiaries

Reimbursement of Pay, Allowances and Other Expenses When Members of the National Guard and Reserve Provide Intelligence or Counterintelligence Support to Combatant Commands, Defense Agencies and Joint Intelligence Activities

Pub. L. 118–47, div. A, title VIII, § 8049, Mar. 23, 2024, 138 Stat. 495, provided that: “In this fiscal year and each fiscal year thereafter, funds appropriated for operation and maintenance of the Military Departments, Combatant Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Intelligence Program and the Military Intelligence Program: Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures.”

Policy Required for Support of Entertainment Projects

Pub. L. 117–263, div. A, title XII, § 1257(c), Dec. 23, 2022, 136 Stat. 2852, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall issue a policy that describes how the Department of Defense will review requests to provide active or direct support to any film, television, or other entertainment project. The policy shall include ways to assess Chinese influence or potential influence over the content of a film, television, or other entertainment project, actions the Department can take to prevent Chinese censorship of a project, and criteria the Department shall use when evaluating requests to support a project.”

Prohibition on Transfer of Department of Defense Funds or Resources to the Taliban

Pub. L. 117–81, div. A, title XII, § 1213, Dec. 27, 2021, 135 Stat. 1963, provided that: “(a) Prohibition.—None of the funds authorized to be appropriated by this Act [Pub. L. 117–81, see Tables for classification] or otherwise made available to the Department of Defense may be made available—“(1) to provide any funds or resources to the Taliban; or “(2) to conduct any military cooperation or sharing of military intelligence with the Taliban, unless the Secretary of Defense determines that such cooperation or sharing advances the national security interests of the United States. “(b) Notification.—–—[sic]“(1) Submission required.—If the Secretary makes an affirmative determination described in subsection (1)(a) [probably should be subsection (a)(2)], the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written description of the military cooperation or military intelligence that was shared with the Taliban pursuant to such determination, not later than 5 days after the date of such cooperation or sharing. The Secretary shall include with such description any other matter the Secretary determines relevant. “(2) Form.—The information described in paragraph (1) shall be submitted in an unclassified format and may include a classified annex.”

Prohibition on Transporting Currency to the Taliban or the Islamic Emirate of Afghanistan

Pub. L. 118–159, div. A, title X, § 1056, Dec. 23, 2024, 138 Stat. 2063, provided that: “None of the amounts authorized to be appropriated by this Act [divs. A to D of Pub. L. 118–159, see Tables for classification] or otherwise made available for the Department of Defense may be obligated or expended to operate any aircraft of the Department of Defense to transport currency or other items of value to the Taliban, the Islamic Emirate of Afghanistan, or any subsidiary, agent, or instrumentality of either the Taliban or the Islamic Emirate of Afghanistan.”

Similar provisions were contained in the following prior acts:

Pub. L. 118–31, div. A, title XII, § 1271, Dec. 22, 2023, 137 Stat. 486.

Pub. L. 117–263, div. A, title XII, § 1223, Dec. 23, 2022, 136 Stat. 2836.

Pub. L. 117–81, div. A, title XII, § 1214, Dec. 27, 2021, 135 Stat. 1963.

Restriction on Counter-ISIS Train and Equip Fund

Pub. L. 117–81, div. A, title XII, § 1223(e), Dec. 27, 2021, 135 Stat. 1971, provided that: “Amounts authorized to be appropriated by this Act [Pub. L. 117–81, see Tables for classification] or the amendments made by this Act or otherwise made available for any fiscal year to the Counter-Islamic State of Iraq and Syria Train and Equip Fund are authorized to be made available only in support of partner forces eligible to receive assistance under section 1209(a) of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541) or subsection (a) of section 1236 of such Act [128 Stat. 3558], as amended by subsection (a) of this section.”

Prohibition on Transfers to the Badr Organization

Pub. L. 119–60, div. A, title XII, § 1227, Dec. 18, 2025, 139 Stat. 1092, provided that: “None of the funds authorized to be appropriated by this Act [Pub. L. 119–60, see Tables for classification] or otherwise made available to the Secretary of Defense for fiscal year 2026 may be made available to the Badr Organization or any organization that the Director of the Defense Intelligence Agency determines to be an affiliate or successor of the Badr Organization.”

Similar provisions were contained in the following prior acts:

Pub. L. 118–31, div. A, title XII, § 1267, Dec. 22, 2023, 137 Stat. 483.

Pub. L. 118–159, div. A, title X, § 1057, Dec. 23, 2024, 138 Stat. 2063.

Pub. L. 117–263, div. A, title XII, § 1239, Dec. 23, 2022, 136 Stat. 2841.

Pub. L. 117–81, div. A, title XII, § 1225, Dec. 27, 2021, 135 Stat. 1972.

Prohibition on Transfers to Iran

Pub. L. 117–263, div. A, title XII, § 1235, Dec. 23, 2022, 136 Stat. 2838, provided that: “None of the amounts authorized to be appropriated by this Act [Pub. L. 117–263, see Tables for classification] or otherwise made available to the Department of Defense may be made available to transfer or facilitate a transfer of pallets of currency, currency, or other items of value to the Government of Iran, any subsidiary of such Government, or any agent or instrumentality of Iran.”

Similar provisions were contained in the following prior act:

Pub. L. 117–81, div. A, title XII, § 1226, Dec. 27, 2021, 135 Stat. 1972.

Limitation on Provision of Funds to Institutions of Higher Education Hosting Confucius Institutes

Pub. L. 116–283, div. A, title X, § 1062, Jan. 1, 2021, 134 Stat. 3859, as amended by Pub. L. 118–31, div. A, title X, §§ 1044(a), 1045, Dec. 22, 2023, 137 Stat. 389, 390, provided that: “(a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be provided to an institution of higher education that hosts a Confucius Institute, other than amounts provided directly to students as educational assistance. “(b) Waiver.—“(1) In general.—The Secretary of Defense may waive the limitation under subsection (a) with respect to an institution of higher education if the Secretary, after consultation with the National Academies of Sciences, Engineering, and Medicine, determines such a waiver is appropriate. “(2) Management process.—If the Secretary issues a waiver under paragraph (1), the academic liaison designated pursuant to subsection (g) [now (h)] of section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 [Pub. L. 115–232] ([former] 10 U.S.C. 2358 note) [now 10 U.S.C. 4001 note], as amended by section 1299C of this Act, shall manage the waiver process on behalf of the Secretary. “(3) Termination of authority.—The authority to issue a waiver under paragraph (1) shall terminate on October 1, 2026, and any waiver issued under such paragraph shall not apply on or after such date. “(c) Effective Date.—The limitation under subsection (a) shall apply with respect to the first fiscal year that begins after the date that is 24 months after the date of the enactment of this Act [Jan. 1, 2021] and to any subsequent fiscal year. “(d) Definitions.—In this section:“(1) Confucius institute.—The term ‘Confucius Institute’ means—“(A) any program that receives funding or support from—“(i) the Chinese International Education Foundation; or “(ii) the Center for Language Exchange Cooperation of the Ministry of Education of the People’s Republic of China; or “(B) any cultural institute funded by the Government of the People’s Republic of China. “(2) The term ‘institution of higher education’ has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).”

Obligation of Funds for Space Force Procurement

Pub. L. 116–260, div. C, title VIII, § 8089, Dec. 27, 2020, 134 Stat. 1326, provided that: “In this fiscal year and each fiscal year thereafter, funds appropriated under the heading ‘Procurement, Space Force’ may be obligated for payment of satellite on-orbit incentives in the fiscal year in which an incentive payment is earned: Provided, That any obligation made pursuant to this section may not be entered into until 30 calendar days in session after the congressional defense committees [see section 8028 of Pub. L. 116–260, set out below] have been notified that an on-orbit incentive payment has been earned.”

[Pub. L. 116–260, div. C, title VIII, § 8028, Dec. 27, 2020, 134 Stat. 1310, provided that: “For the purposes of this Act [div. C of 116–260, see Tables for classification], the term ‘congressional defense committees’ means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.” ]

Prohibition on Use of Funds for Certain Programs and Projects of the Department of Defense in Afghanistan That Cannot Be Safely Accessed by United States Government Personnel