10 U.S.C. § 2243: Authority to use…

§2243 Authority to Use Appropriated Funds to Support Student Meal Programs in Overseas Defense Dependents’ Schools

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

Last updated Sep 22, 2026|Official source

Summary

Allows the Secretary of Defense to use money for overseas defense dependents’ schools to help an overseas meal program set student meal prices equal to the average price students pay for similar meals in U.S. public schools. The Secretary can only do this if federal payments and food provided under 42 U.S.C. 1769b and 42 U.S.C. 1789 are not enough to reach that average price. When figuring the U.S. average, free and reduced-price meals tied to income rules are excluded. An overseas meal program is a Defense Department program that gives breakfasts or lunches to students at overseas defense dependents’ schools. An overseas defense dependents’ school is either a school in the Defense Dependents’ Education system (20 U.S.C. 921 et seq.) or an elementary/secondary school under section 2164 located in a U.S. territory, commonwealth, or possession.

Title 10, §2243

Armed Forces, Source: USLM XML via OLRC

(a)Authority.—

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)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 overseas defense dependents’ schools.

(e)Overseas Defense Dependents’ School Defined.—

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.

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”.