PRIA, Government Policy, Made Personal

§2246 Authorization of Certain Support for Military Service Academy Foundations

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 › § 2246

Last updated Sep 22, 2026|Official source

Summary

The Superintendent of a Service Academy may let a covered foundation use academy buildings or equipment for free if the Secretary of Defense issues rules and six conditions are met. Those conditions are: the United States has no legal liability to the foundation; no officer, employee, or service member is prevented from doing duties fairly and objectively; the integrity or appearance of integrity of any military program or person is not harmed; cadets or midshipmen do not participate except as an honor guard at a foundation event; the Joint Ethics Regulation is followed; and a military department lawyer reviews and approves the use. If the Superintendent uses this authority in a fiscal year, the Secretary must brief the Senate and House Armed Services Committees by the last day of that fiscal year on how many events or activities were supported. Covered foundation — a 501(c)(3) nonprofit the Secretary says supports a Service Academy in areas like recruiting, parent or alumni work, academic/leadership/character development, institutional development, or athletics. Service Academy — as defined in section 347.

Title 10, §2246

Armed Forces, Source: USLM XML via OLRC

(a)Authority.—

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)Limitations.—

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)Briefing.—

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)Definitions.—

In this section: (1)

(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.