### SUBCHAPTER III—MORALE, WELFARE, AND RECREATION PROGRAMS AND NONAPPROPRIATED FUND INSTRUMENTALITIES

Sec.
2491.
Uniform funding and management of morale, welfare, and recreation programs.
2491a.
Department of Defense golf courses: limitation on use of appropriated funds.
2491b.
Use of appropriated funds for operation of Armed Forces Recreation Center, Europe: limitation.
2491c.
Retention of morale, welfare, and recreation funds by military installations: limitation.
2492.
Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide and obtain goods and services.
2492a.
Limitation on Department of Defense entities competing with private sector in offering personal information services.
2493.
Fisher Houses: administration as nonappropriated fund instrumentality.
2494.
Nonappropriated fund instrumentalities: furnishing utility services for morale, welfare, and recreation purposes.
2495.
Nonappropriated fund instrumentalities: purchase of alcoholic beverages.
2495a.
Overseas package stores: treatment of United States wines.
2495b.
Sale or rental of sexually explicit material prohibited.
2496.
Sale of certain goods from the Xinjiang Uyghur Autonomous Region prohibited.

#### **Editorial Notes**

#### Amendments

**2022**—Pub. L. 117–263, div. A, title VI, §651(b), Dec. 23, 2022, 136 Stat. 2639, added item 2496.

**2009**—Pub. L. 111–84, div. A, title VI, §651(b), Oct. 28, 2009, 123 Stat. 2369, added item 2492a.

**2004**—Pub. L. 108–375, div. A, title VI, §651(c)(1), Oct. 28, 2004, 118 Stat. 1971, added subchapter heading and items 2491 to 2495b.

#### **Statutory Notes and Related Subsidiaries**

#### Telephone Services for Military Personnel Serving In Combat Zones

Pub. L. 110–181, div. A, title VIII, §885, Jan. 28, 2008, 122 Stat. 265, as amended by Pub. L. 111–383, div. A, title VI, §641, Jan. 7, 2011, 124 Stat. 4241; Pub. L. 112–81, div. A, title X, §1062(c), Dec. 31, 2011, 125 Stat. 1585, provided that:

"(a) Competitive Procedures Required.—

"(1) Requirement.—When the Secretary of Defense considers it necessary to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones, the Secretary shall use competitive procedures when entering into a contract to provide those services.

"(2) Review and determination.—Before soliciting bids or proposals for new contracts, or considering extensions to existing contracts, to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones, the Secretary shall review and determine whether it is in the best interest of the Department to require bids or proposals, or adjustments for the purpose of extending a contract, to include options that minimize the cost of the telephone services to individual users while providing individual users the flexibility of using phone cards from other than the prospective contractor.

"(b) Effective Date.—

"(1) Requirement.—Subsection (a)(1) shall apply to any new contract to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones that is entered into after the date of the enactment of this Act [Jan. 28, 2008].

"(2) Review and determination.—Subsection (a)(2) shall apply to any new contract or extension to an existing contract to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones that is entered into or agreed upon after the date of the enactment of this Act.

"(c) Morale, Welfare, and Recreation Telephone Services Defined.—In this section, the term 'morale, welfare, and recreation telephone services' means unofficial telephone calling center services supporting calling centers provided by the Army and Air Force Exchange Service, Navy Exchange Service Command, Marine Corps exchanges, or any other nonappropriated fund instrumentality of the United States under the jurisdiction of the Armed Forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces."