§2246 — Title 10 Armed Forces | U.S. Code

§2246 Authorization of certain support for military service academy foundations

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 › § 2246

Last updated Apr 6, 2026|Official source

Summary

A Service Academy Superintendent may let a qualifying nonprofit use academy buildings or gear for free, if the Secretary of Defense sets the rules. The use can happen only if it does not make the United States legally responsible, does not get in the way of officers or service members doing their jobs, does not hurt the integrity or appearance of academy programs, does not involve cadets or midshipmen except as an honor guard, follows the Joint Ethics Regulation, and is approved by a military department attorney. If the Superintendent allows any uses in a fiscal year, the Secretary of that military department must tell the Senate and House Armed Services Committees by the last day of that year how many events or activities were supported. A "covered foundation" means a 501(c)(3) nonprofit that supports the academy’s recruiting, alumni/parent work, education or leadership programs, institutional development, or athletics. "Service Academy" is defined elsewhere in the law.

Title 10, §2246

Armed Forces — Source: USLM XML via OLRC

(a)Subject to subsection (b) and pursuant to regulations prescribed by the Secretary of Defense, the Superintendent of a Service Academy may authorize a covered foundation to use, on an unreimbursed basis, facilities or equipment of such Service Academy.

(b)Use of facilities or equipment under subsection (a) may be provided only if such use—

(1)is without any liability of the United States to the covered foundation;

(2)does not affect the ability of any official or employee of the military department concerned, or any member of the armed forces, to carry out any responsibility or duty in a fair and objective manner;

(3)does not compromise the integrity or appearance of integrity of any program of the military department concerned, or any individual involved in such a program;

(4)does not include the participation of any cadet or midshipman, other than participation in an honor guard at an event of the covered foundation;

(5)complies with the Joint Ethics Regulation; and

(6)has been reviewed and approved by an attorney of the military department concerned.

(c)In any fiscal year during which the Superintendent of a Service Academy exercises the authority under subsection (a), the Secretary of the military department concerned shall provide a briefing not later than the last day of that fiscal year to the Committees on Armed Services of the Senate and House of Representatives regarding the number of events or activities of a covered foundation supported by such exercise during such fiscal year.

(d)In this section:

(1)The term “covered foundation” means a charitable, educational, or civic nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986, that the Secretary concerned determines operates exclusively to support, with respect to a Service Academy, any of the following:

(A)Recruiting.

(B)Parent or alumni development.

(C)Academic, leadership, or character development.

(D)Institutional development.

(E)Athletics.

(2)The term “Service Academy” has the meaning given such term in section 347 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (d)(1), is classified to section 501(c)(3) of Title 26, Internal Revenue Code. Codification Pub. L. 117–263, div. A, title V, § 551(a), Dec. 23, 2022, 136 Stat. 2591, which directed amendment of this subchapter by inserting this section “after section 2245 the end”, was executed by inserting this section after section 2245 of this title to reflect the probable intent of Congress.

Prior Provisions

A prior section 2246 of this title was renumbered section 2491a of this title.