---
kind: "section"
citation: "10 U.S.C. § 2246"
title: "10"
title_heading: "Armed Forces"
number: "2246"
heading: "Authorization of certain support for military service academy foundations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2246"
units:
  - "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. Authorization of certain support for military service academy foundations

- (a) **Authority.—** Subject to [subsection (b)](#b) and pursuant to regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense, the Superintendent of a Service Academy may authorize a covered foundation to use, on an unreimbursed basis, [facilities](/usc/10/2700.md?p=2) or equipment of such Service Academy.
- (b) **Limitations.—** Use of [facilities](/usc/10/2700.md?p=2) or equipment under [subsection (a)](#a) may be provided only if such use—
  - (1) is without any liability of the [United States](/usc/10/101.md?p=a-1) to the covered foundation;
  - (2) does not affect the ability of any official or employee of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned, or any member of the [armed forces](/usc/10/101.md?p=a-4), 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](/usc/10/2101.md?p=1) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned, or any individual involved in such a [program](/usc/10/2101.md?p=1);
  - (4) does not include the participation of any [cadet](/usc/10/801.md?p=6) or [midshipman](/usc/10/801.md?p=7), 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](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned.
- (c) **Briefing.—** In any fiscal year during which the Superintendent of a Service Academy exercises the authority under [subsection (a)](#a), the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) 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) 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](/usc/10/2801.md?p=c-5) 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](/usc/10/347.md).

## Source credit

(Added Pub. L. 117–263, div. A, title V, § 551(a), Dec. 23, 2022, 136 Stat. 2591.)

## Notes

### 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.