10 U.S.C. § 2241: Availability of appropriations for certain purposes

Morale, welfare, and recreation. Modification of personal property. Design of vessels. Industrial mobilization. Military communications facilities on merchant vessels. Acquisition of services, special clothing, supplies, and equipment. Expenses for the Reserve Officers’ Training Corps and other units at educational institutions. 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. 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. 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. to provide any funds or resources to the Taliban; or 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. 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. The information described in paragraph (1) shall be submitted in an unclassified format and may include a classified annex.” 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. 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. 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. 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. 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. the Chinese International Education Foundation; or the Center for Language Exchange Cooperation of the Ministry of Education of the People’s Republic of China; or any cultural institute funded by the Government of the People’s Republic of China. 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 ).” Amounts available to the Department of Defense may not be obligated or expended for a construction or other infrastructure program or project of the Department in Afghanistan if military or civilian personnel of the United States Government or their representatives with authority to conduct oversight of such program or project cannot safely access such program or project. Paragraph (1) shall apply only with respect to a program or project that is initiated on or after the date of the enactment of this Act [ Dec. 23, 2016 ]. In the case of a program or project with an estimated lifecycle cost of less than $1,000,000, by the contracting officer assigned to oversee the program or project. In the case of a program or project with an estimated lifecycle cost of $1,000,000 or more, but less than $20,000,000, by the Commander of the Combined Security Transition Command-Afghanistan. In the case of a program or project with an estimated lifecycle cost of $20,000,000 or more, but less than $40,000,000, by the Commander of United States Forces-Afghanistan. In the case of a program or project with an estimated lifecycle cost of $40,000,000 or more, by the Secretary of Defense. That the program or project clearly contributes to United States national interests or strategic objectives. That the Government of Afghanistan has requested or expressed a need for the program or project. That the program or project has been coordinated with the Government of Afghanistan, and with any other implementing agencies or international donors. That security conditions permit effective implementation and oversight of the program or project. That the program or project includes safeguards to detect, deter, and mitigate corruption and waste, fraud, and abuse of funds. That adequate arrangements have been made for the sustainment of the program or project following its completion, including arrangements with respect to funding and technical capacity for sustainment. That meaningful metrics have been established to measure the progress and effectiveness of the program or project in meeting its objectives. In the event a waiver is issued under paragraph (1) for a program or project described in subparagraph (D) of that paragraph, the Secretary of Defense shall notify Congress of the waiver not later than 15 days after the issuance of the waiver.” Of the amounts appropriated pursuant to an authorization of appropriations in this Act [see Tables for classification] or otherwise made available for fiscal year 2009 or any fiscal year thereafter for the Army or the Air Force, the Secretary of the Army and the Secretary of the Air Force may fund relevant expenditures for the Joint Cargo Aircraft only through amounts made available for procurement or for research, development, test, and evaluation. support equipment; initial spares; training simulators; systems engineering and management; and post-production modifications.” No part of any funds authorized to be appropriated in this or any other Act shall be used by the Department of Defense for publicity or propaganda purposes within the United States not otherwise specifically authorized by law. Not later than 90 days after the date of the enactment of this Act [ Oct. 14, 2008 ], the Inspector General of the Department of Defense shall submit to Congress a report on the findings of their project number D2008–DIPOEF–0209.000, entitled ‘Examination of Allegations Involving DoD Office of Public Affairs Outreach Program’. Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall issue a legal opinion to Congress on whether the Department of Defense violated appropriations prohibitions on publicity or propaganda activities established in Public Laws 107–117, 107–248, 108–87, 108–287, 109–148, 109–289, and 110–116, the Department of Defense Appropriations Acts for fiscal years 2002 through 2008, respectively, by offering special access to prominent persons in the private sector who serve as media analysts, including briefings and information on war efforts, meetings with high level government officials, and trips to Iraq and Guantanamo Bay, Cuba. Nothing in this section shall be construed to apply to any lawful and authorized intelligence activity of the United States Government.” Funds appropriated for the Department of Defense may be transferred to the Department of State as remittance for a fee charged to the Department of Defense by the Department of State for any year for the maintenance, upgrade, or construction of United States diplomatic facilities only to the extent that the amount charged (when added to other amounts previously so charged for that fiscal year) exceeds the total amount of the unreimbursed costs incurred by the Department of Defense during that year in providing goods and services to the Department of State. Subsection (a) shall take effect as of October 1, 2003 .” the report described in subsection (b) is submitted to Congress not later than 90 days after the date of the enactment of this Act; or the submittal of the report to Congress within 90 days after the date of the enactment of this Act is not practicable; and the cessation of research and development on the Total Information Awareness program would endanger the national security of the United States. a detailed explanation of the actual and intended use of funds for each project and activity of the Total Information Awareness program, including an expenditure plan for the use of such funds; the schedule for proposed research and development on each project and activity of the Total Information Awareness program; and target dates for the deployment of each project and activity of the Total Information Awareness program; assesses the likely efficacy of systems such as the Total Information Awareness program in providing practically valuable predictive assessments of the plans, intentions, or capabilities of terrorists or terrorist groups; assesses the likely impact of the implementation of a system such as the Total Information Awareness program on privacy and civil liberties; sets forth a list of the laws and regulations that govern the information to be collected by the Total Information Awareness program, and a description of any modifications of such laws that will be required to use the information in the manner proposed under such program; and includes recommendations, endorsed by the Attorney General, for practices, procedures, regulations, or legislation on the deployment, implementation, or use of the Total Information Awareness program to eliminate or minimize adverse effects of such program on privacy and other civil liberties. each element of such program or component intended to be deployed or implemented; and the method and scope of the intended deployment or implementation of such program or component (including the data or information to be accessed or used); and a specific authorization by law for the deployment or implementation of such program or component; and a specific appropriation by law of funds for the deployment or implementation of such program or component. Lawful military operations of the United States conducted outside the United States. Lawful foreign intelligence activities conducted wholly against non-United States persons. the Total Information Awareness program should not be used to develop technologies for use in conducting intelligence activities or law enforcement activities against United States persons without appropriate consultation with Congress or without clear adherence to principles to protect civil liberties and privacy; and the primary purpose of the Defense Advanced Research Projects Agency is to support the lawful activities of the Department of Defense and the national security programs conducted pursuant to the laws assembled for codification purposes in title 50, United States Code. means the computer hardware and software components of the program known as Total Information Awareness, any related information awareness program, or any successor program under the Defense Advanced Research Projects Agency or another element of the Department of Defense; and includes a program referred to in subparagraph (1), or a component of such program, that has been transferred from the Defense Advanced Research Projects Agency or another element of the Department of Defense to any other department, agency, or element of the Federal Government. The term ‘non-United States person’ means any person other than a United States person. The term ‘United States person’ has the meaning given that term in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801(i) ).” 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. 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; 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 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, 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.” 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].”