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) intro-
duced 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. AIR FORCE ACADEMY ATHLETIC ASSOCIATION. 
(a) IN GENERAL.—Chapter 903 of title 10, United 
States Code, is amended by inserting after section 9359 
the following new section: 
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‘‘(d) BYLAWS.—Not later than July 1, 2010, the As-
sociation shall propose its by-laws. The Association shall 
submit the by-laws, and all future changes to the by-laws, 
to the Secretary of the Air Force for review and approval. 
The by-laws shall be made available to Congress for re-
view. 
‘‘(e) TRANSITION FROM NONAPPROPRIATED FUND 
OPERATION.—(1) Until September 30, 2011, the Sec-
retary of the Air Force may provide for parallel operations 
of the Association and the Air Force nonappropriated fund 
instrumentality whose functions include providing support 
for the athletic program of the Academy. Not later than 
that date, the Secretary shall dissolve the nonappropriated 
fund instrumentality and transfer its assets and liabilities 
to the Association. 
‘‘(2) The Secretary may transfer title and ownership 
to all the assets and liabilities of the nonappropriated fund 
instrumentality referred to in paragraph (1), including 
bank accounts and financial reserves in its accounts, 
equipment, supplies, and other personal property without 
cost or obligation to the Association. 
‘‘(f) CONTRACTING AUTHORITIES.—(1) The Super-
intendent may procure goods, services, human resources, 
and other support, on a noncompetitive basis and at fair 
and reasonable prices, from the Association in support of 
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this section. Any such procurement shall be exempt from 
Federal procurement and Federal procurement-preference 
laws, rules, regulations, processes and procedures. 
‘‘(2) The Superintendent may accept from the Asso-
ciation funds, goods, and services for use by cadets and 
Academy personnel during participation in, or in support 
of, Academy or Association contests, events, and pro-
grams. 
‘‘(g) USE OF AIR FORCE PERSONNEL.—Air Force 
personnel may participate in— 
‘‘(1) the management, operation, and oversight 
of the Association; 
‘‘(2) events and athletic contests sponsored by 
the Association; and 
‘‘(3) management and sport committees for the 
National Collegiate Athletic Association and other 
athletic conferences and associations. 
‘‘(h) FUNDING AUTHORITY.—The authorization of 
appropriations for the operation and maintenance of the 
Academy includes Association operations in support of the 
Academy athletic program, as approved by the Secretary 
of the Air Force. 
‘‘(i) FEDERAL TORT CLAIMS ACT.—The Association 
is deemed to be a Federal entity for purposes of chapter 
171 of title 28, relating to tort claims. Members of the 
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Board of Directors, Association employees, and Air Force 
personnel participating in the management, operation, and 
oversight of the Association are entitled to the protections 
of such chapter and are entitled to qualified immunity 
from liability for actions taken in the scope of their par-
ticipation as members of the Board of Directors or partici-
pation or employment as members of the Air Force and 
Association.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 9359 the following new 
item: 
‘‘9359a. Air Force Academy Athletic Association: authorization, purpose, and 
governance.’’. 
Æ 
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