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10 U.S.C. § 2246 — Authorization of certain support for military service academy foundations

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2246 — Authorization of certain support for military service academy foundations

**(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) 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 Secret

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Source file: Laws/federal/codes/united-states-code/title-10/section-2246-authorization-of-certain-support-for-military-service-academy-foundation--aa441c030f.md
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Source location: Title 10, Chapter 134, § 2246; chapter-134-miscellaneous-administrative-provisions.md

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**(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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section347&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2491a — Department of Defense golf courses: limitation on use of appropriated funds

**(a) Limitation.—** Except as provided in subsection (b), funds appropriated to the Department of Defense may not be used to equip, operate, or maintain a golf course at a facility or installation of the Department of Defense. **(b) Exceptions.—** (1) Subsection (a) does not apply to a golf course at a facility or installation outside the United States or at a facility or installation inside the United States at a location designated by the Secretary of Defense as a remote and isolated location. (2) The Secretary of Defense shall prescribe regulations governing the use of appropriated funds under this subsection.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2245 — Use of aircraft for proficiency flying: limitation

**(a)** An aircraft under the jurisdiction of a military department may not be used by a member of the armed forces for the purpose of proficiency flying except in accordance with regulations prescribed by the Secretary of Defense. **(b)** Such regulations— (1) may not require proficiency flying by a member except to the extent required for the member to maintain flying proficiency in anticipation of the member’s assignment to combat operations; and (2) may not permit proficiency flying in the case of a member who is assigned to a course of instruction of 90 days or more. **(c)** In this section, the term “proficiency flying” means flying performed under competent orders by a rated or designated member of the armed forces while serving in a non-aviation assignment or in an assignment in which skills would normally not be maintained in the performance of assigned duties.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 347 — International engagement authorities for service academies

**(a) Selection of Persons From Foreign Countries To Receive Instruction at Service Academies.—** (1) **Attendance authorized.—** (A) *In general.—* — The Secretary of each military department may permit persons from foreign countries to receive instruction at the Service Academy under the jurisdiction of the Secretary. Such persons shall be in addition to— (i) in the case of the United States Military Academy, the authorized strength of the Corps of the Cadets of the Academy under [section 7442 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7442&num=0&edition=prelim); (ii) in the case of the United States Naval Academy, the authorized strength of the Brigade of Midshipmen of the Academy under [section 8454 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8454&num=0&edition=prelim); and (iii) in the case of the United States Air Force Academy, the authorized strength of the Cadet Wing of the Academy under [section 9442 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9442&num=0&edition=prelim). (B) *Limitation on number.—* — The number of persons permitted to receive instruction at each Service Academy under this subsection may not be more than 80 at any one time. (2) **Determination of foreign countries from which persons may be selected.—** — The Secretary of a military department, upon approval by the Secretary of Defense, shall determine— (A) the countries from which persons may be selected for appointment under this subsection to the Service Academy under the jurisdiction of that Secretary; and (B) the number of persons that may be selected from each country. (3) **Qualifications and selection.—** — The Secret

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2246 — Authorization of certain support for mili-

Page 1829 TITLE 10—ARMED FORCES [§ 2247 Stat. 1232, which was set out as a note under section 2241 of this title, prior to repeal by Pub. L. 109–163, div. A, title III, § 372(c), 119 Stat. 3210. § 2245. Use of aircraft for proficiency flying: limi- tation (a) An aircraft under the jurisdiction of a mili- tary department may not be used by a member of the armed forces for the purpose of pro- ficiency flying except in accordance with regula- tions prescribed by the Secretary of Defense. (b) Such regulations— (1) may not require proficiency flying by a member except to the extent required for the member to maintain flying proficiency in an- ticipation of the member’s assignment to com- bat operations; and (2) may not permit proficiency flying in the case of a member who is assigned to a course of instruction of 90 days or more. (c) In this section, the term ‘‘proficiency fly- ing’’ means flying performed under competent orders by a rated or designated member of the armed forces while serving in a non-aviation as- signment or in an assignment in which skills would normally not be maintained in the per- formance of assigned duties. (Added Pub. L. 101–510, div. A, title XIV, § 1481(e)(1), Nov. 5, 1990, 104 Stat. 1706; amended Pub. L. 110–181, div. A, title X, § 1077, Jan. 28, 2008, 122 Stat. 333.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 101–165, title IX, § 9006, Nov. 21, 1989, 103 Stat. 1130, which was set out as a note under section 2241 of this title, prior to repeal by Pub. L. 101–510, § 1481(e)(3). AMENDMENTS 2008—Subsec. (c). Pub. L. 110–181 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘In this section, the term ‘proficiency flying’ has the m

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