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Title 10 — Armed ForcesRelease 119-73

§7462 Support of athletic programs

Title 10 › Subtitle Subtitle B— - Army › Part PART III— - TRAINING › Chapter CHAPTER 753— - UNITED STATES MILITARY ACADEMY › § 7462

Last updated Apr 6, 2026|Official source

Summary

Allows the Secretary of the Army to make contracts and cooperative agreements with the Army West Point Athletic Association to support the Academy’s sports programs. These deals can be sole-source under section 3204(a)(5) and may buy property or services for the Academy despite chapter 63 of title 31. Contracts must include proper financial controls and let the Secretary review the Association’s books to make sure the agreement is followed and the Army’s integrity is not harmed. Leases under this authority are not subject to section 2667(h). The Secretary may give the Association certain support services when they are essential for the sports programs. Examples include utilities, office furniture and equipment, communications, records help, audio/video and security systems, housing on the West Point garrison for Association staff, and school enrollment for their dependents under the same rules as federal employees (educational services are reimbursable). Such services carry no liability for the United States. The Secretary may accept money, supplies, and services from the Association and from the NCAA. The Secretary must ensure contributions and spending do not make the Army or its people look biased or harm integrity. Funds received may be kept until spent. The Association may be allowed to license or market Academy marks with the Secretary’s approval, so long as the deals do not harm the Army’s integrity. The Association can get authorizations under sections 1033(a) and 1589(a) only while it remains a 501(c)(3) nonprofit, follows New York law and its bylaws, and works solely to support Academy athletics. Association — the Army West Point Athletic Association. Support services — the items and services named above (utilities, office items, communications, records, audio/video, security, housing, and school enrollment).

Full Legal Text

Title 10, §7462

Armed Forces — Source: USLM XML via OLRC

(a)(1)The Secretary of the Army may enter into contracts and cooperative agreements with the Army West Point Athletic Association for the purpose of supporting the athletic programs of the Academy. Notwithstanding section 3201(e) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 3204(a)(5) of this title. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Academy.
(2)(A)Before entering into a contract or cooperative agreement under paragraph (1), the Secretary shall ensure that such contract or agreement includes appropriate financial controls to account for Academy and Association resources in accordance with accepted accounting principles.
(B)Any such contract or cooperative agreement shall contain a provision that allows the Secretary, at the Secretary’s discretion, to review the financial accounts of the Association to determine whether the operations of the Association—
(i)are consistent with the terms of the contract or cooperative agreement; and
(ii)will not compromise the integrity or appearance of integrity of any program of the Department of the Army.
(3)section 2667(h) of this title shall not apply to any leases the Secretary may enter into with the Association for the purpose of supporting the athletic programs of the Academy.
(b)(1)To the extent required by a contract or cooperative agreement under subsection (a), the Secretary may provide support services to the Association while the Association conducts its support activities at the Academy. The Secretary may provide support services described in paragraph (2) only if the Secretary determines that the provision of such services is essential for the support of the athletic programs of the Academy.
(2)(A)In this subsection, the term “support services” includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems in conjunction with the leasing or licensing of property.
(B)Such term includes—
(i)housing for Association personnel on United States Army Garrison, West Point, New York; and
(ii)enrollment of dependents of Association personnel in elementary and secondary schools under the same criteria applied to dependents of Federal employees under section 2164(a) of this title, except that educational services provided pursuant to this clause shall be provided on a reimbursable basis.
(3)Any such support services may only be provided without any liability of the United States to the Association.
(c)(1)Notwithstanding section 1342 of title 31, the Secretary may accept from the Association funds, supplies, and services for the support of the athletic programs of the Academy. For the purposes of this section, employees or personnel of the Association may not be considered to be employees of the United States.
(2)The Secretary may accept funds from the National Collegiate Athletic Association to support the athletic programs of the Academy.
(3)The Secretary shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection (e) do not reflect unfavorably on the ability of the Department of the Army, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the integrity or appearance of integrity of any program of the Department of the Army, or any individual involved in such a program.
(d)(1)An agreement under subsection (a) may, consistent with section 2260 of this title (other than subsection (d) of such section), authorize the Association to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary of the Army.
(2)No licensing, marketing, or sponsorship agreement may be entered into under paragraph (1) if—
(A)such agreement would reflect unfavorably on the ability of the Department of the Army, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or
(B)the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Army, or any individual involved in such a program.
(e)Any funds received by the Secretary under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended.
(f)The Association is a designated entity for which authorization under section 1033(a) and 1589(a) of this title may be provided.
(g)The authority provided in this section with respect to the Association is available only so long as the Association continues—
(1)to qualify as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and operates in accordance with this section, the law of the State of New York, and the constitution and bylaws of the Association; and
(2)to operate exclusively to support the athletic programs of the Academy.
(h)In this section, the term “Association” means the Army West Point Athletic Association.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (g)(1), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.

Prior Provisions

A prior section 7471, act Aug. 10, 1956, ch. 1041, 70A Stat. 462, related to appointments in professional and scientific service, prior to repeal by Pub. L. 85–861, § 36B(23), Sept. 2, 1958, 72 Stat. 1571. Prior section 7472 and 7473 were renumbered section 8742 and 8743 of this title, respectively. A prior section 7474, act Aug. 10, 1956, ch. 1041, 70A Stat. 463, related to establishment of wage rates for employees by Secretary of Navy, prior to repeal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 663. A prior section 7475, act Aug. 10, 1956, ch. 1041, 70A Stat. 463, restricted increasing of forces at naval activities prior to national elections, prior to repeal by Pub. L. 86–148, § 1(1), Aug. 7, 1959, 73 Stat. 302. Prior sections 7476 to 7480 were renumbered sections 8746 to 8750 of this title, respectively.

Amendments

2021—Subsec. (a)(1). Pub. L. 116–283 substituted “section 3201(e)” for “section 2304(k)” and “section 3204(a)(5)” for “section 2304(c)(5)”. 2018—Pub. L. 115–232 renumbered section 4362 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 7462

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73