Title 10Armed ForcesRelease 119-73

§2243 Authority to use appropriated funds to support student meal programs in overseas defense dependents’ schools

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 134— - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › Subchapter SUBCHAPTER I— - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND LIMITATIONS ON THE USE OF APPROPRIATED FUNDS › § 2243

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense may use money already provided for running overseas defense dependents’ schools to make student meal prices match the average price paid by students for similar meals in U.S. public school meal programs. The Secretary may do this only if federal payments and food supplies under 42 U.S.C. 1769b and 42 U.S.C. 1789 are not enough to reach that student price. When figuring the U.S. average price, free and reduced-price meals are not counted. “Overseas meal program” means a DoD program that gives breakfasts or lunches to students at overseas defense dependents’ schools. “Overseas defense dependents’ school” means a school in the Defense Dependents’ Education system (20 U.S.C. 921 et seq.) or an elementary or secondary school established under section 2164 of this title in a U.S. territory, commonwealth, or possession.

Full Legal Text

Title 10, §2243

Armed Forces — Source: USLM XML via OLRC

(a)Subject to subsection (b), amounts appropriated to the Department of Defense for the operation of overseas defense dependents’ schools may be used by the Secretary of Defense to enable an overseas meal program to provide students enrolled in such a school 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)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)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)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 overseas defense dependents’ schools.
(e)In this section, the term “overseas defense dependents’ school” means the following:
(1)A school established as part of the defense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.).
(2)An elementary or secondary school established pursuant to section 2164 of this title that is located in a territory, commonwealth, or possession of the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Defense Dependents’ Education Act of 1978, referred to in subsec. (e)(1), is title XIV of Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2365, which is classified principally to chapter 25A (§ 921 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see

Short Title

note set out under section 921 of Title 20 and Tables.

Amendments

2015—Pub. L. 114–92, § 573(b)(1), substituted “Authority to use appropriated funds to support student meal programs in overseas defense dependents’ schools” for “Authority to use appropriated funds to support student meal programs in overseas dependents’ schools” in section catchline. Subsec. (a). Pub. L. 114–92, § 573(a)(1), substituted “overseas defense dependents’ schools” for “the defense dependents’ education system” and “students enrolled in such a school” for “students enrolled in that system”. Subsec. (d). Pub. L. 114–92, § 573(a)(2), substituted “overseas defense dependents’ schools” for “Department of Defense dependents’ schools which are located outside the United States”. Subsec. (e). Pub. L. 114–92, § 573(a)(3), added subsec. (e). 1999—Subsec. (b). Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2243

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73