10 U.S.C. § 2244a — Equipment scheduled for retirement or

Page 1828 TITLE 10—ARMED FORCES § 2244 (d) OVERSEAS MEAL PROGRAM DEFINED.—In this section, the term ‘‘overseas meal program’’ means a program administered by the Secretary of Defense to provide breakfasts or lunches to students attending overseas defense dependents’ schools. (e) OVERSEAS DEFENSE DEPENDENTS’ SCHOOL DEFINED.—In this section, the term ‘‘overseas defense dependents’ school’’ means the fol- lowing: (1) A school established as part of the de- fense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.). (2) An elementary or secondary school estab- lished pursuant to section 2164 of this title that is located in a territory, commonwealth, or possession of the United States. (Added Pub. L. 101–189, div. A, title III, § 326(a), Nov. 29, 1989, 103 Stat. 1415; amended Pub. L. 106–78, title VII, § 752(b)(7), Oct. 22, 1999, 113 Stat. 1169; Pub. L. 114–92, div. A, title V, § 573(a), (b)(1), Nov. 25, 2015, 129 Stat. 830, 831.) Editorial Notes REFERENCES IN TEXT The Defense Dependents’ Education Act of 1978, re- ferred to in subsec. (e)(1), is title XIV of Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2365, which is classified principally to chapter 25A (§ 921 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 921 of Title 20 and Tables. AMENDMENTS 2015—Pub. L. 114–92, § 573(b)(1), substituted ‘‘Author- ity to use appropriated funds to support student meal programs in overseas defense dependents’ schools’’ for ‘‘Authority to use appropriated funds to support stu- dent meal programs in overseas dependents’ schools’’ in section catchline. Subsec. (a). Pub. L. 114–92, § 573(a)(1), substituted ‘‘overseas defense dependents’ schools’’ for ‘‘the defense dependents’ education system’’ and ‘‘students enrolled in such a school’’ for ‘‘students enrolled in that sys- tem’’. Subsec. (d). Pub. L. 114–92, § 573(a)(2), substituted ‘‘overseas defense dependents’ schools’’ for ‘‘Depart- ment of Defense dependents’ schools which are located outside the United States’’. Subsec. (e). Pub. L. 114–92, § 573(a)(3), added subsec. (e). 1999—Subsec. (b). Pub. L. 106–78 substituted ‘‘Richard B. Russell National School Lunch Act’’ for ‘‘National School Lunch Act’’. § 2244. Security investigations (a) Funds appropriated to the Department of Defense may not be used for the conduct of an investigation by the Department of Defense, or by any other Federal department or agency, for purposes of determining whether to grant a se- curity clearance to an individual or a facility unless the Secretary of Defense determines both of the following: (1) That a current, complete investigation file is not available from any other depart- ment or agency of the Federal Government with respect to that individual or facility. (2) That no other department or agency of the Federal Government is conducting an in- vestigation with respect to that individual or facility that could be used as the basis for de- termining whether to grant the security clear- ance. (b) For purposes of subsection (a)(1), a current investigation file is a file on an investigation that has been conducted within the past five years. (Added Pub. L. 101–510, div. A, title IX, § 904(a), Nov. 5, 1990, 104 Stat. 1621; amended Pub. L. 102–190, div. A, title X, § 1061(a)(11), Dec. 5, 1991, 105 Stat. 1473.) Editorial Notes AMENDMENTS 1991—Subsec. (a)(1), (2). Pub. L. 102–190 substituted ‘‘Government’’ for ‘‘government’’. § 2244a. Equipment scheduled for retirement or disposal: limitation on expenditures for modifications (a) PROHIBITION.—Except as otherwise provided in this section, the Secretary of a military de- partment may not carry out a modification of an aircraft, weapon, vessel, or other item of equipment that the Secretary plans to retire or otherwise dispose of within five years after the date on which the modification, if carried out, would be completed. (b) EXCEPTIONS.— (1) EXCEPTION FOR BELOW-THRESHOLD MODI- FICATIONS.—The prohibition in subsection (a) does not apply to a modification for which the cost is less than $100,000. (2) EXCEPTION FOR TRANSFER OF REUSABLE ITEMS OF VALUE.—The prohibition in sub- section (a) does not apply to a modification in a case in which— (A) the reusable items of value, as deter- mined by the Secretary, installed on the item of equipment as part of such modifica- tion will, upon the retirement or disposal of the item to be modified, be removed from such item of equipment, refurbished, and in- stalled on another item of equipment; and (B) the cost of such modification (includ- ing the cost of the removal and refurbish- ment of reusable items of value under sub- paragraph (A)) is less than $1,000,000. (3) EXCEPTION FOR SAFETY MODIFICATIONS.— The prohibition in subsection (a) does not apply to a safety modification. (c) WAIVER AUTHORITY.—The Secretary con- cerned may waive the prohibition in subsection (a) in the case of any modification otherwise subject to that subsection if the Secretary de- termines that carrying out the modification is in the national security interest of the United States. Whenever the Secretary issues such a waiver, the Secretary shall notify the congres- sional defense committees in writing. (Added Pub. L. 109–163, div. A, title III, § 372(a), Jan. 6, 2006, 119 Stat. 3209.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 105–56, title VIII, § 8053, Oct. 8, 1997, 111 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 meaning given that term in Department of Defense Directive 1340.4.’’ [§ 2245a. Repealed. Pub. L. 114–328, div. A, title VIII, § 833(b)(1)(A), Dec. 23, 2016, 130 Stat. 2284] Section, added Pub. L. 109–163, div. A, title III, § 373(a), Jan. 6, 2006, 119 Stat. 3210, related to limitation on use of operation and maintenance funds for purchase of investment items. § 2246. Authorization of certain support for mili- tary service academy foundations (a) AUTHORITY.—Subject to subsection (b) and pursuant to regulations prescribed by the Sec- retary of Defense, the Superintendent of a Serv- ice Academy may authorize a covered founda- tion to use, on an unreimbursed basis, facilities or equipment of such Service Academy. (b) LIMITATIONS.—Use of facilities or equip- ment 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 con- cerned, 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 ap- pearance of integrity of any program of the military department concerned, or any indi- vidual 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 Regula- tion; and (6) has been reviewed and approved by an at- torney of the military department concerned. (c) BRIEFING.—In any fiscal year during which the Superintendent of a Service Academy exer- cises 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 Rep- resentatives 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 or- ganization under section 501(c)(3) of the Inter- nal 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 de- velopment. (D) Institutional development. (E) Athletics. (2) The term ‘‘Service Academy’’ has the meaning given such term in section 347 of this title. (Added Pub. L. 117–263, div. A, title V, § 551(a), Dec. 23, 2022, 136 Stat. 2591.) 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 sub- chapter by inserting this section ‘‘after section 2245 the end’’, was executed by inserting this section after sec- tion 2245 of this title to reflect the probable intent of Congress. PRIOR PROVISIONS A prior section 2246 of this title was renumbered sec- tion 2491a of this title. [§ 2247. Renumbered § 2491b] Editorial Notes PRIOR PROVISIONS Another section 2247 was renumbered section 2249 of this title.