I 

111TH CONGRESS 

1ST SESSION H. R. 2636 

To amend title 10, United States Code, to authorize the establishment of 

a nonprofit corporation to support the athletic program of the Air Force 

Academy. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2009 

Ms. LORETTA SANCHEZ of California (for herself and Ms. TSONGAS) introduced the following bill; which was referred to the Committee on Armed 

Services 

A BILL 

To amend title 10, United States Code, to authorize the 

establishment of a nonprofit corporation to support the 

athletic program of the Air Force Academy. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AIR FORCE ACADEMY ATHLETIC ASSOCIATION. 

4 (a) IN GENERAL.—Chapter 903 of title 10, United 

5 States Code, is amended by inserting after section 9359 

6 the following new section: 

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1 ‘‘§ 9359a. Air Force Academy Athletic Association: au2 thorization, purpose, and governance 

3 ‘‘(a) ESTABLISHMENT AUTHORIZED.—The Secretary 

4 of the Air Force may establish a nonprofit corporation, 

5 to be known as the ‘Air Force Academy Athletic Associa6 tion’, to support the athletic program of the Air Force 

7 Academy. 

8 ‘‘(b) ORGANIZATION AND DUTIES.—(1) The Air 

9 Force Academy Athletic Association (in this section re10 ferred to as the ‘Association’) shall be organized and oper11 ated as a nonprofit corporation under section 501(c)(3) 

12 of the Internal Revenue Code of 1986 and under the pow13 ers and authorities set forth in this section and the provi14 sions of the laws of the State of incorporation. The Asso15 ciation shall operate on a nonpartisan basis exclusively for 

16 charitable, educational, and civic purposes consistent with 

17 the authorities referred to in this subsection to support 

18 the athletic program of the Academy. 

19 ‘‘(2) Subject to the approval of the Secretary of the 

20 Air Force, the Association may— 

21 ‘‘(A) operate and manage athletic and revenue 

22 generating facilities on Academy property; 

23 ‘‘(B) use Government facilities, utilities, and 

24 services on the Academy, without charge, in support 

25 of its mission; 

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1 ‘‘(C) sell products to the general public on or 

2 off Government property; 

3 ‘‘(D) charge market-based fees for admission to 

4 Association events and other athletic or athletic-re5 lated events at the Academy and for use of Academy 

6 athletic facilities and property; and 

7 ‘‘(E) engage in other activities, consistent with 

8 the Academy athletic mission as determined by the 

9 Board of Directors. 

10 ‘‘(c) BOARD OF DIRECTORS.—(1) The Association 

11 shall be governed by a Board of Directors made up of at 

12 least nine members. The members, other than the member 

13 referred to in paragraph (2), shall serve without com14 pensation, except for reasonable travel and other related 

15 expenses for attendance at required meetings. 

16 ‘‘(2) The Director of Athletics at the Academy shall 

17 be a standing member of the Board as part of the Direc18 tor’s duties as the Director of Athletics. 

19 ‘‘(3) Subject to the prior approval of all nominees for 

20 appointment by the Secretary of the Air Force, the Super21 intendent shall appoint the remaining members of the 

22 Board. 

23 ‘‘(4) The Secretary of the Air Force shall select one 

24 of the members of the Board appointed under paragraph 

25 (3) to serve as chairperson of the Board. 

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1 ‘‘(d) BYLAWS.—Not later than July 1, 2010, the As2 sociation shall propose its by-laws. The Association shall 

3 submit the by-laws, and all future changes to the by-laws, 

4 to the Secretary of the Air Force for review and approval. 

5 The by-laws shall be made available to Congress for re6 view. 

7 ‘‘(e) TRANSITION FROM NONAPPROPRIATED FUND

8 OPERATION.—(1) Until September 30, 2011, the Sec9 retary of the Air Force may provide for parallel operations 

10 of the Association and the Air Force nonappropriated fund 

11 instrumentality whose functions include providing support 

12 for the athletic program of the Academy. Not later than 

13 that date, the Secretary shall dissolve the nonappropriated 

14 fund instrumentality and transfer its assets and liabilities 

15 to the Association. 

16 ‘‘(2) The Secretary may transfer title and ownership 

17 to all the assets and liabilities of the nonappropriated fund 

18 instrumentality referred to in paragraph (1), including 

19 bank accounts and financial reserves in its accounts, 

20 equipment, supplies, and other personal property without 

21 cost or obligation to the Association. 

22 ‘‘(f) CONTRACTING AUTHORITIES.—(1) The Super23 intendent may procure goods, services, human resources, 

24 and other support, on a noncompetitive basis and at fair 

25 and reasonable prices, from the Association in support of 

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1 this section. Any such procurement shall be exempt from 

2 Federal procurement and Federal procurement-preference 

3 laws, rules, regulations, processes and procedures. 

4 ‘‘(2) The Superintendent may accept from the Asso5 ciation funds, goods, and services for use by cadets and 

6 Academy personnel during participation in, or in support 

7 of, Academy or Association contests, events, and pro8 grams. 

9 ‘‘(g) USE OF AIR FORCE PERSONNEL.—Air Force 

10 personnel may participate in— 

11 ‘‘(1) the management, operation, and oversight 

12 of the Association; 

13 ‘‘(2) events and athletic contests sponsored by 

14 the Association; and 

15 ‘‘(3) management and sport committees for the 

16 National Collegiate Athletic Association and other 

17 athletic conferences and associations. 

18 ‘‘(h) FUNDING AUTHORITY.—The authorization of 

19 appropriations for the operation and maintenance of the 

20 Academy includes Association operations in support of the 

21 Academy athletic program, as approved by the Secretary 

22 of the Air Force. 

23 ‘‘(i) FEDERAL TORT CLAIMS ACT.—The Association 

24 is deemed to be a Federal entity for purposes of chapter 

25 171 of title 28, relating to tort claims. Members of the 

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1 Board of Directors, Association employees, and Air Force 

2 personnel participating in the management, operation, and 

3 oversight of the Association are entitled to the protections 

4 of such chapter and are entitled to qualified immunity 

5 from liability for actions taken in the scope of their par6 ticipation as members of the Board of Directors or partici7 pation or employment as members of the Air Force and 

8 Association.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by inserting 

11 after the item relating to section 9359 the following new 

12 item: 

‘‘9359a. Air Force Academy Athletic Association: authorization, purpose, and 

governance.’’. 

Æ 

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