§9462 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of the Air Force can create a corporation to raise money and help the Academy’s athletic programs. The United States will own all the stock, and the Secretary will hold and vote it. The corporation must be a nonprofit under section 501(c)(3) and follow state law, its articles, and bylaws. It must work only for charitable, educational, and civic support of the Academy’s sports. Board members do not get pay, but can be reimbursed for travel and similar costs. The Secretary may let Air Force military or civilian staff serve on the board, but they cannot make up more than one-third of the directors. The Secretary may transfer existing nonappropriated fund assets and debts that support athletics to the corporation, but not land. The Secretary may accept and keep money, supplies, equipment, or services from the corporation and may charge fees (for example from the NCAA, conferences, tickets, licensing). Gifts and deals must not hurt the fairness or integrity of the Department. The Secretary can lease, license, or contract with the corporation and allow certain support services without charge. Money received can be kept and used for Academy athletics until it is spent.

Title 10, §9462

Armed Forces — Source: USLM XML via OLRC

(a)(1)The Secretary of the Air Force may, in accordance with the laws of the State of incorporation, establish a corporation (in this section referred to as the “corporation”) to support the athletic programs of the Academy. All stock of the corporation shall be owned by the United States and held in the name of and voted by the Secretary of the Air Force.

(2)The corporation shall operate exclusively for charitable, educational, and civic purposes to support the athletic programs of the Academy.

(b)The corporation shall be organized and operated—

(1)as a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986;

(2)in accordance with this section; and

(3)pursuant to the laws of the State of incorporation, its articles of incorporation, and its bylaws.

(c)(1)The members of the board of directors of the corporation shall serve without compensation as members of the board, except for reasonable travel and other related expenses for attendance at meetings of the board.

(2)The Secretary of the Air Force may authorize military and civilian personnel of the Department of the Air Force under section 1033 of this title to serve, in their official capacities, as members of the board of directors of the corporation, but such personnel shall not hold more than one-third of the directorships.

(d)The Secretary of the Air Force may, subject to the acceptance of the corporation, transfer to the corporation all title to and ownership of the assets and liabilities of the Air Force nonappropriated fund instrumentality whose functions include providing support for the athletic programs of the Academy, including bank accounts and financial reserves in its accounts, equipment, supplies, and other personal property, but excluding any interest in real property.

(e)(1)Notwithstanding section 1342 of title 31, the Secretary of the Air Force may accept from the corporation funds, supplies, equipment, and services for the support of the athletic programs of the Academy.

(2)The Secretary may charge fees for the support of the athletic programs of the Academy. The Secretary may accept and retain fees for services and other benefits provided incident to the operation of its athletic programs, including fees from the National Collegiate Athletic Association, fees from athletic conferences, game guarantees from other educational institutions, fees for ticketing or licensing, and other consideration provided incidental to the execution of the athletic programs of the Academy.

(3)The Secretary shall ensure that contributions accepted under this subsection do not—

(A)reflect unfavorably on the ability of the Department of the Air Force, 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)compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program.

(f)(1)The Secretary of the Air Force may, in accordance with section 2667 of this title, enter into leases or licenses with the corporation for the purpose of supporting the athletic programs of the Academy. Consideration provided under such a lease or license may be provided in the form of funds, supplies, equipment, and services for the support of the athletic programs of the Academy.

(2)The Secretary may provide support services to the corporation without charge while the corporation conducts its support activities at the Academy. In this paragraph, 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. Any such support services may only be provided without any liability of the United States to the corporation.

(g)The Secretary of the Air Force may enter into contracts and cooperative agreements with the corporation 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, services, or travel for the direct benefit or use of the athletic programs of the Academy.

(h)(1)An agreement under subsection (g) may, consistent with section 2260 of this title (other than subsection (d) of such section), authorize the corporation 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 Air Force.

(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 Air Force, 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 Air Force, or any individual involved in such a program.

(i)Any funds received under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

Amendments

2021—Subsec. (c)(2). Pub. L. 116–283, § 923(d)(15), substituted “personnel of the Department of the Air Force” for “personnel of the Air Force”. Subsec. (g). Pub. L. 116–283, § 1883(b)(2), 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 9362 of this title as this section. 2014—Subsecs. (e) to (i). Pub. L. 113–291 added subsecs. (e) to (i) and struck out former subsecs. (e) to (g) which related to acceptance of gifts, leases of real and personal property, and cooperative agreements, respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by section 1883(b)(2) of 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.

§9462 Support of Athletic Programs

Summary

Title 10, §9462

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Citations & Metadata