10 U.S.C. § 4362 (ARMED FORCES)
§ 4362. Support of athletic programs
(a) Authority.—
(1) Contracts and cooperative agreements.—
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 2304(k) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 2304(c)(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) Financial controls.—
(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) Leases.—
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) Support Services.—
(1) Authority.—
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) Support services defined.—
(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) No liability of the united states.—
Any such support services may only be provided without any liability of the United States to the Association.
(c) Acceptance of Support.—
(1) Support received from the association.—
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) Funds received from ncaa.—
The Secretary may accept funds from the National Collegiate Athletic Association to support the athletic programs of the Academy.
(3) Limitation.—
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) Trademarks and Service Marks.—
(1) Licensing, marketing, and sponsorship agreements.—
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) Limitations.—
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) Retention and Use of Funds.—
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) Service on Association Board of Directors.—
The Association is a designated entity for which authorization under sections 1033(a) and 1589(a) of this title may be provided.
(g) Conditions.—
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) Association Defined.—
In this section, the term “Association” means the Army West Point Athletic Association.
(Added Pub. L. 114–92, div. A, title V, § 557(a), Nov. 25, 2015, 129 Stat. 825.)
heading: References in Text
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.