10 U.S.C. § 7462 — Support of athletic programs

Page 3084 TITLE 10—ARMED FORCES § 7462 new cadet or midshipman at that military service acad- emy and repeated annually thereafter.’’ FURTHER INFORMATION FROM CADETS AND MIDSHIPMEN AT THE SERVICE ACADEMIES ON SEXUAL ASSAULT AND SEXUAL HARASSMENT ISSUES Pub. L. 109–364, div. A, title V, § 532(b), Oct. 17, 2006, 120 Stat. 2205, provided that: ‘‘(1) USE OF FOCUS GROUPS FOR YEARS WHEN SURVEY NOT REQUIRED.—In any year in which the Secretary of a military department is not required by law to con- duct a survey at the service academy under the Sec- retary’s jurisdiction on matters relating to sexual as- sault and sexual harassment issues at that Academy, the Secretary shall provide for focus groups to be con- ducted at that Academy for the purposes of ascertaining information relating to sexual assault and sexual harassment issues at that Academy. ‘‘(2) INCLUSION IN REPORT.—Information ascertained from a focus group conducted pursuant to paragraph (1) shall be included in the Secretary’s annual report to Congress on sexual harassment and sexual violence at the service academies. ‘‘(3) SERVICE ACADEMIES.—For purposes of this sub- section, the term ‘service academy’ means the fol- lowing: ‘‘(A) The United States Military Academy. ‘‘(B) The United States Naval Academy. ‘‘(C) The United States Air Force Academy.’’ § 7462. Support of athletic programs (a) AUTHORITY.— (1) CONTRACTS AND COOPERATIVE AGREE- MENTS.—The Secretary of the Army may enter into contracts and cooperative agreements with the Army West Point Athletic Associa- tion 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 agree- ments on a sole source basis pursuant to sec- tion 3204(a)(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 en- sure that such contract or agreement includes appropriate financial controls to account for Academy and Association resources in accord- ance with accepted accounting principles. (B) Any such contract or cooperative agree- ment shall contain a provision that allows the Secretary, at the Secretary’s discretion, to re- view 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 sub- section (a), the Secretary may provide support services to the Association while the Associa- tion 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’’ in- cludes utilities, office furnishings and equip- ment, communications services, records stag- ing 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 Associa- tion personnel in elementary and secondary schools under the same criteria applied to dependents of Federal employees under sec- tion 2164(a) of this title, except that edu- cational 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 ASSOCIA- TION.—Notwithstanding section 1342 of title 31, the Secretary may accept from the Associa- tion funds, supplies, and services for the sup- port of the athletic programs of the Academy. For the purposes of this section, employees or personnel of the Association may not be con- sidered to be employees of the United States. (2) FUNDS RECEIVED FROM NCAA.—The Sec- retary 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 em- ployees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the in- tegrity or appearance of integrity of any pro- gram 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 sec- tion), authorize the Association to enter into licensing, marketing, and sponsorship agree- ments 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 unfavor- ably on the ability of the Department of the Army, any of its employees, or any member Page 3085 TITLE 10—ARMED FORCES § 7462 of the armed forces to carry out any respon- sibility or duty in a fair and objective man- ner; 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 ath- letic programs of the Academy and shall remain available until expended. (f) SERVICE ON ASSOCIATION BOARD OF DIREC- TORS.—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 con- tinues— (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 Asso- ciation; and (2) to operate exclusively to support the ath- letic 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, § 4362; renumbered § 7462, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839; amended Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.) Editorial Notes REFERENCES IN 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. PRIOR PROVISIONS A prior section 7471, act Aug. 10, 1956, ch. 1041, 70A Stat. 462, related to appointments in professional and scientific service, prior to repeal by Pub. L. 85–861, § 36B(23), Sept. 2, 1958, 72 Stat. 1571. Prior sections 7472 and 7473 were renumbered sections 8742 and 8743 of this title, respectively. A prior section 7474, act Aug. 10, 1956, ch. 1041, 70A Stat. 463, related to establishment of wage rates for employees by Secretary of Navy, prior to repeal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 663. A prior section 7475, act Aug. 10, 1956, ch. 1041, 70A Stat. 463, restricted increasing of forces at naval activi- ties prior to national elections, prior to repeal by Pub. L. 86–148, § 1(1), Aug. 7, 1959, 73 Stat. 302. Prior sections 7476 to 7480 were renumbered sections 8746 to 8750 of this title, respectively. AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 116–283 substituted ‘‘sec- tion 3201(e)’’ for ‘‘section 2304(k)’’ and ‘‘section 3204(a)(5)’’ for ‘‘section 2304(c)(5)’’. 2018—Pub. L. 115–232 renumbered section 4362 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by 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 AMENDMENT Amendment 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. CHAPTER 757—SCHOOLS AND CAMPS Sec. 7481. Establishment: purpose. 7482. Operation. 7483. Transportation and subsistence during travel. 7484. Quartermaster and ordnance property: sales. 7486. Academy of Health Sciences: admission of ci- vilians in physician assistant training pro- gram. 7487. United States Army War College: acceptance of grants for faculty research for scientific, literary, and educational purposes. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(3), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 407 of this title as this chapter and items 4411 to 4417 as 7481 to 7487, respectively. 2006—Pub. L. 109–163, div. A, title V, § 522(b)(2), Jan. 6, 2006, 119 Stat. 3241, added item 4417. 2000—Pub. L. 106–398, § 1 [[div. A], title IX, § 911(c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–228, struck out item 4415 ‘‘United States Army School of the Americas’’. 1997—Pub. L. 105–85, div. A, title VII, § 741(a)(2), Nov. 18, 1997, 111 Stat. 1817, added item 4416. 1987—Pub. L. 100–180, div. A, title III, § 319(a)(2), Dec. 4, 1987, 101 Stat. 1077, added item 4415. Statutory Notes and Related Subsidiaries PLAN FOR ADDITIONAL SKILL IDENTIFIERS FOR ARMY MOUNTAIN WARFARE SCHOOL Pub. L. 118–159, div. A, title X, § 1086, Dec. 23, 2024, 138 Stat. 2079, provided that: ‘‘(a) PLAN REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of the Army shall develop and implement a plan to establish. [sic] with regards to courses at the Army Mountain Warfare School, each of the following: ‘‘(1) Additional skill identifiers for— ‘‘(A) enlisted members who complete the— ‘‘(i) Advanced Military Mountaineer Course (Summer); ‘‘(ii) Advanced Military Mountaineer Course (Winter); ‘‘(iii) Rough Terrain Evacuation Course; or ‘‘(iv) Mountain Rifleman Course; ‘‘(B) warrant officers who complete the Basic Military Mountaineer Course; and ‘‘(C) enlisted members and warrant officers who complete the Mountain Planner Course. ‘‘(2) New skill identifiers for commissioned officers who complete the Basic Military Mountaineer Course or the Mountain Planner Course. ‘‘(b) BRIEFING ON PLAN.—Not later than 30 days after the date on which the Secretary completes the plan under subsection (a), the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the plan and the implementation of the plan.’’