§7462 Support of Athletic Programs

Summary

The Secretary of the Army may make contracts and cooperative agreements with the Army West Point Athletic Association to help run and support the Academy’s athletic programs. The Secretary may award these agreements on a sole‑source basis under section 3204(a)(5) even though section 3201(e) would normally apply, and a cooperative agreement may be used to acquire property or services despite chapter 63 of title 31. Any agreement must include proper financial controls that follow accepted accounting rules and must let the Secretary review the Association’s books to check that the agreement’s terms are met and that Army programs keep their integrity. Leases with the Association for athletics are not subject to section 2667(h). The Secretary may also provide support services while the Association works at the Academy if those services are essential. Support services cover things like utilities, office furniture and equipment, communications, records storage, audio/video help, security systems with leasing or licensing, housing for Association staff on United States Army Garrison, West Point, New York, and dependent student enrollment under the same rules as section 2164(a) (but paid back to the Army). The United States won’t be liable for these services. The Secretary may accept funds, supplies, and services from the Association and from the National Collegiate Athletic Association. Association staff are not federal employees. Gifts and spending must not harm the Army’s ability to act fairly or damage its integrity. The Secretary may allow the Association, with approval, to license and market Academy trademarks if doing so won’t harm integrity. Money received may be kept until spent. The Association is a designated entity for purposes of sections 1033(a) and 1589(a). Association means the Army West Point Athletic Association, which must remain a 501(c)(3) nonprofit, follow New York law and its own rules, and operate only to support the Academy’s athletic programs.