§ 9462. Support of athletic programs

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2009

   National Defense Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 div. A title V § 528(a) · 123 Stat. 2190

   Enacted · 10 U.S.C. § 9462

   Added Pub. L. 111–84, div. A, title V, § 528(a), Oct. 28, 2009, 123 Stat. 2289, § 9362

   Source evidence

   Code source credit
   Added Pub. L. 111–84, div. A, title V, § 528(a), Oct. 28, 2009, 123 Stat. 2289, § 9362

   Enacted provision · exact public law section
   (a) In General.— Chapter 903 of title 10, United States Code, is amended by adding at the end the following new section: “§ 9362. Support of athletic programs “(a) Corporation for Support Authorized.— (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) Corporate Organization.— 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) Corporate Board of Directors.— (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 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) Transfers From Nonappropriated Fund Operation.— 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) Acceptance of Gifts.— The Secretary of the Air Force may accept from the corporation funds, supplies, and services for the support of cadets and Academy personnel during their participation in Academy or corporate events related to the athletic programs of the Academy. “(f) Leases.— The Secretary of the Air Force may, in accordance with section 2667 of this title, lease real and personal property to the corporation for purposes related to the athletic programs of the Academy. Funds received from any such lease may be retained and spent by the Secretary to support athletic programs of the Academy. “(g) Cooperative Agreements.— The Secretary of the Air Force may enter into cooperative agreements (as described in section 6305 of title 31) with the corporation for purposes related to the athletic programs of the Academy.” .

2. 2014

   Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

   Pub. L. 113–291 div. A title V § 554 · 128 Stat. 3292

   1. Added · 10 U.S.C. § 9462(e)(i)

      Pub. L. 113–291 added subsecs. (e) to (i)

   2. Struck · 10 U.S.C. § 9462(e)(i)

      Pub. L. 113–291 struck out former subsecs. (e) to (g) which related to acceptance of gifts, leases of real and personal property, and cooperative agreements, respectively

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 554. ENHANCEMENT OF AUTHORITY TO ACCEPT SUPPORT FOR AIR FORCE ACADEMY ATHLETIC PROGRAMS.   Section 9362 of title 10, United States Code, is amended by striking subsections (e), (f), and (g) and inserting the following new subsections: “(e) Acceptance of Support.— “(1) Support received from the corporation.— 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) Funds received from other sources.— 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) Limitations.— 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) Leases and Licenses.— “(1) In general.— 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) Support services.— 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) Contracts and Cooperative Agreements.— 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 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, services, or travel for the direct benefit or use of the athletic programs of the Academy. “(h) Trademarks and Service Marks.— “(1) Licensing, marketing, and sponsorship agreements.— 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) 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 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) Retention and Use of Funds.— 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.” .

3. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 806(a)(3) · 132 Stat. 1636

   Changed · 10 U.S.C. § 9462

   Pub. L. 115–232 renumbered section 9362 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–232 renumbered section 9362 of this title as this section.

   Enacted provision · exact public law section
   (3) Chapters 901 and 903.— Each section in chapter 901 and chapter 903 10 USC 9401–9406, 9414–9415, 9417, 9419, 9420, 9431–9436, 9438, 9441–9443, 9446–9457, 9459–9462. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 100.

4. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 923(d)(15) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 9462(c)(2)

   Pub. L. 116–283, § 923(d)(15), substituted “personnel of the Department of the Air Force” for “personnel of the Air Force”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (15) Support of athletic programs.— Section 9462(c)(2) of such title is amended by striking “personnel of the Air Force” and inserting “personnel of the Department of the Air Force”.

   Effective date note
   Amendment 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.

5. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388

   1. Substituted · 10 U.S.C. § 9462(g)

      Pub. L. 116–283, § 1883(b)(2), substituted “section 3201(e)” for “section 2304(k)”

   2. Substituted · 10 U.S.C. § 9462(g)

      Pub. L. 116–283, § 1883(b)(2), substituted “section 3204(a)(5)” for “section 2304(c)(5)”

   Source evidence

   Code amendment note
   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)”.

   Enacted provision · exact public law section
   * * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.

   Effective date note
   Amendment 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.

7 of 7 references resolved to an enrolled provision