§2492a — Title 10 Armed Forces | U.S. Code

§2492a Limitation on Department of Defense Entities Competing with Private Sector in Offering Personal Information Services

Title 10 › Subtitle Subtitle A— General Military Law › Part IV— SERVICE, SUPPLY, AND PROPERTY › Chapter 147— COMMISSARIES AND EXCHANGES AND OTHER MORALE, WELFARE, AND RECREATION ACTIVITIES › Subchapter III— MORALE, WELFARE, AND RECREATION PROGRAMS AND NONAPPROPRIATED FUND INSTRUMENTALITIES › § 2492a

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Defense must not let any Department of Defense group sell or offer Internet, phone, or TV services directly to people using DoD staff, equipment, or funds if users are charged a fee to cover costs or to make a profit. The Department may still use its staff or equipment to run or help manage contracts with private companies that provide those services. The ban can be lifted if the Secretary finds one of three things: no private vendor is available at a location, users would be better served if the Government provided the service, or other circumstances the Secretary says make Government provision best for the Government or military users. Personal information services means Internet, telephone, or television services to consumers.

Title 10, §2492a

Armed Forces — Source: USLM XML via OLRC

(a)(1)Notwithstanding section 2492 of this title, the Secretary of Defense may not authorize a Department of Defense entity to offer or provide personal information services directly to users using Department resources, personnel, or equipment, or compete for contracts to provide such personal information services directly to users, if users will be charged a fee for the personal information services to recover the cost incurred to provide the services or to earn a profit.

(2)The limitation in paragraph (1) shall not be construed to prohibit or preclude the use of Department resources, personnel, or equipment to administer or facilitate personal information services contracts with private contractors.

(b)The limitation in subsection (a) shall not apply if the Secretary of Defense determines that—

(1)a private sector vendor is not available to provide the personal information services at specific locations;

(2)the interests of the user population would be best served by allowing the Government to provide such services; or

(3)circumstances (as specified by the Secretary for purposes of this section) are such that the provision of such services by a Department entity is in the best interest of the Government or military users in general.

(c)In this section, the term “personal information services” means the provision of Internet, telephone, or television services to consumers.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Savings Provision

Pub. L. 111–84, div. A, title VI, § 651(c), Oct. 28, 2009, 123 Stat. 2369, provided that: “Section 2492a of title 10, United States Code, as added by subsection (a), does not affect the validity or terms of any contract for the provision of personal information services entered into before the date of the enactment of this Act [Oct. 28, 2009].”