10 U.S.C. § 7457 — Acceptance of guarantees with gifts for

Page 3078 TITLE 10—ARMED FORCES § 7456 bursed under Government travel regulations for his travel expenses. (i)(1) A majority of the members of the Board may call an official meeting of the Board once per year. (2) A member may attend such meeting— (A) in person, at the Academy; or (B) remotely, at the election of such mem- ber. (Aug. 10, 1956, ch. 1041, 70A Stat. 245, § 4355; Pub. L. 96–579, § 13(a), Dec. 23, 1980, 94 Stat. 3369; Pub. L. 104–106, div. A, title X, § 1061(e)(2), title XV, § 1502(a)(12), Feb. 10, 1996, 110 Stat. 443, 503; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; renumbered § 7455, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839; Pub. L. 117–81, div. A, title V, §§ 554(a), 555(a), Dec. 27, 2021, 135 Stat. 1738; Pub. L. 118–159, div. A, title V, § 558(a), Dec. 23, 2024, 138 Stat. 1898.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 4355(a) ..... 4355(b) ..... 10:1055. 10:1056 (1st sentence). 10:1056 (less 1st sen- tence). June 29, 1948, ch. 714, §§ 1–6, 62 Stat. 1094; June 30, 1954, ch. 432, § 732, 68 Stat. 356. 4355(c) ..... 10:1057. 4355(d) ..... 10:1058. 4355(e) ..... 10:1059(a). 4355(f) ..... 10:1059(b). 4355(g) ..... 10:1059(c). 4355(h) .... 10:1060. In subsections (a) and (b), the word ‘‘designated’’ is substituted for the word ‘‘appointed’’ to make it clear that the positions described are not constitutional of- fices. Subsection (b) is substituted for 10:1056(e) (2d sen- tence). In subsection (c), the words ‘‘during the term for which such member was appointed’’ and ‘‘Such suc- cessor shall be appointed * * * who died or resigned’’ are omitted as surplusage. In subsection (g), the words ‘‘as it may deem nec- essary or advisable effectuate the duties imposed upon it by the provisions of sections 1055–1060 of this title’’ are omitted as surplusage. In subsection (h), the words ‘‘called for consultation by the Board in connection with the business of the Board’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159, § 558(a)(1), added subsec. (a) and struck out former subsec. (a) which re- lated to membership of Board of Visitors. Subsec. (f). Pub. L. 118–159, § 558(a)(2), inserted ‘‘and the Committees on Armed Services of the Senate and House of Representatives’’ after ‘‘the President’’ in two places. 2021—Subsec. (b). Pub. L. 117–81, § 554(a), substituted ‘‘is appointed by the President’’ for ‘‘is appointed’’. Subsec. (i). Pub. L. 117–81, § 555(a), added subsec. (i). 2018—Pub. L. 115–232 renumbered section 4355 of this title as this section. 1999—Subsec. (a)(3). Pub. L. 106–65, substituted ‘‘Com- mittee on Armed Services’’ for ‘‘Committee on Na- tional Security’’. 1996—Subsec. (a)(3). Pub. L. 104–106, § 1502(a)(12), sub- stituted ‘‘National Security’’ for ‘‘Armed Services’’. Subsec. (h). Pub. L. 104–106, § 1061(e)(2), struck out ‘‘is entitled to not more than $5 a day and’’ after ‘‘each ad- viser’’. 1980—Subsec. (b). Pub. L. 96–579 required member whose term of office had expired to continue service until appointment of a successor. Statutory Notes and Related Subsidiaries 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. § 7456. Use of certain gifts Under regulations prescribed by the Secretary of the Army, the Superintendent of the Acad- emy may (without regard to section 2601 of this title) accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $20,000 or less made to the United States on the condition that such gift, devise, or bequest be used for the benefit of the Academy or any entity thereof. The Secretary may pay or authorize the payment of all reasonable and nec- essary expenses in connection with the convey- ance or transfer of a gift, devise, or bequest under this section. (Added Pub. L. 97–295, § 1(41)(A), Oct. 12, 1982, 96 Stat. 1297, § 4356; renumbered § 7456, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 4356 ......... 10:4334 (note). Sept. 8, 1982, Pub. L. 97–252, § 1133(a), 96 Stat. 761. The word ‘‘Academy’’ is substituted for ‘‘United States Military Academy’’ for consistency in title 10. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4356 of this title as this section. Statutory Notes and Related Subsidiaries 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. APPLICABILITY OF SECTION Pub. L. 97–252, title XI, § 1133, Sept. 8, 1982, 96 Stat. 761, provided that: ‘‘(a) [Repealed and reenacted as section 4356 (now 7456) of this title by Pub. L. 97–295, §§ 1(41)(A), 6(b), Oct. 12, 1982, 96 Stat. 1297, 1315.] ‘‘(b) This section applies with respect to any gift, de- vise, or bequest made on or after the date of the enact- ment of this Act [Sept. 8, 1982] for the purpose de- scribed in subsection (a) [see text of section 7456 of this title] and applies to any such gift, devise, or bequest, or devise made before the date of the enactment of this Act with respect to which the Secretary of the Army has approved application of this section rather than section 2601 of title 10, United States Code.’’ § 7457. Acceptance of guarantees with gifts for major projects (a) ACCEPTANCE AUTHORITY.—Subject to sub- section (c), the Secretary of the Army may ac- cept from a donor or donors a qualified guar- Page 3079 TITLE 10—ARMED FORCES § 7457 antee for the completion of a major project for the benefit of the Academy. (b) OBLIGATION AUTHORITY.—The amount of a qualified guarantee accepted under this section shall be considered as contract authority to pro- vide obligation authority for purposes of Federal fiscal and contractual requirements. Funds available for a project for which such a guar- antee has been accepted may be obligated and expended for the project without regard to whether the total amount of the funds and other resources available for the project (not taking into account the amount of the guarantee) is sufficient to pay for completion of the project. (c) NOTICE OF PROPOSED ACCEPTANCE.—The Secretary of the Army may not accept a quali- fied guarantee under this section for the comple- tion of a major project until after the expiration of 30 days following the date upon which a re- port of the facts concerning the proposed guar- antee is submitted to Congress or, if earlier, the expiration of 14 days following the date on which a copy of the report is provided in an elec- tronic medium pursuant to section 480 of this title. (d) PROHIBITION ON COMMINGLING OF FUNDS.— The Secretary of the Army may not enter into any contract or other transaction involving the use of a qualified guarantee and appropriated funds in the same contract or transaction. (e) DEFINITIONS.—In this section: (1) MAJOR PROJECT.—The term ‘‘major project’’ means a project for the purchase or other procurement of real or personal prop- erty, or for the construction, renovation, or repair of real or personal property, the total cost of which is, or is estimated to be, at least $1,000,000. (2) QUALIFIED GUARANTEE.—The term ‘‘quali- fied guarantee’’, with respect to a major project, means a guarantee that— (A) is made by one or more persons in con- nection with a donation, specifically for the project, of a total amount in cash or securi- ties that, as determined by the Secretary of the Army, is sufficient to defray a substan- tial portion of the total cost of the project; (B) is made to facilitate or expedite the completion of the project in reasonable an- ticipation that other donors will contribute sufficient funds or other resources in amounts sufficient to pay for completion of the project; (C) is set forth as a written agreement that provides for the donor to furnish in cash or securities, in addition to the donor’s other gift or gifts for the project, any additional amount that may become necessary for pay- ing the cost of completing the project by reason of a failure to obtain from other do- nors or sources funds or other resources in amounts sufficient to pay the cost of com- pleting the project; and (D) is accompanied by— (i) an irrevocable and unconditional standby letter of credit for the benefit of the Academy that is in the amount of the guarantee and is issued by a major United States commercial bank; or (ii) a qualified account control agree- ment. (3) QUALIFIED ACCOUNT CONTROL AGREE- MENT.—The term ‘‘qualified account control agreement’’, with respect to a guarantee of a donor, means an agreement among the donor, the Secretary of the Army, and a major United States investment management firm that— (A) ensures the availability of sufficient funds or other financial resources to pay the amount guaranteed during the period of the guarantee; (B) provides for the perfection of a secu- rity interest in the assets of the account for the United States for the benefit of the Academy with the highest priority available for liens and security interests under appli- cable law; (C) requires the donor to maintain in an account with the investment management firm assets having a total value that is not less than 130 percent of the amount guaran- teed; and (D) requires the investment management firm, at any time that the value of the ac- count is less than the value required to be maintained under subparagraph (C), to liq- uidate any noncash assets in the account and reinvest the proceeds in Treasury bills issued under section 3104 of title 31. (4) MAJOR UNITED STATES COMMERCIAL BANK.—The term ‘‘major United States com- mercial bank’’ means a commercial bank that— (A) is an insured bank (as defined in sec- tion 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)); (B) is headquartered in the United States; and (C) has net assets in a total amount con- sidered by the Secretary of the Army to qualify the bank as a major bank. (5) MAJOR UNITED STATES INVESTMENT MAN- AGEMENT FIRM.—The term ‘‘major United States investment management firm’’ means any broker, dealer, investment adviser, or pro- vider of investment supervisory services (as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c) or section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2)) or a major United States commercial bank that— (A) is headquartered in the United States; and (B) holds for the account of others invest- ment assets in a total amount considered by the Secretary of the Army to qualify the firm as a major investment management firm. (Added Pub. L. 106–65, div. B, title XXVIII, § 2871(a)(1), Oct. 5, 1999, 113 Stat. 871, § 4357; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(17)], Oct. 30, 2000, 114 Stat. 1654, 1654A–291; Pub. L. 108–136, div. A, title X, § 1031(a)(54), Nov. 24, 2003, 117 Stat. 1603; renum- bered § 7457, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4357 of this title as this section. Page 3080 TITLE 10—ARMED FORCES § 7458 2003—Subsec. (c). Pub. L. 108–136 inserted before pe- riod at end ‘‘or, if earlier, the expiration of 14 days fol- lowing the date on which a copy of the report is pro- vided in an electronic medium pursuant to section 480 of this title’’. 2000—Subsec. (e)(5). Pub. L. 106–398 inserted a closing parenthesis after ‘‘80b–2)’’. Statutory Notes and Related Subsidiaries 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. § 7458. Grants for faculty research for scientific, literary, and educational purposes: accept- ance; authorized grantees (a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the Army may authorize the Super- intendent of the Academy to accept qualifying research grants under this section. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Academy for a scientific, lit- erary, or educational purpose. (b) QUALIFYING GRANTS.—A qualifying re- search grant under this section is a grant that is awarded on a competitive basis by an entity re- ferred to in subsection (c) for a research project with a scientific, literary, or educational pur- pose. (c) ENTITIES FROM WHICH GRANTS MAY BE AC- CEPTED.—A grant may be accepted under this section only from a corporation, fund, founda- tion, educational institution, or similar entity that is organized and operated primarily for sci- entific, literary, or educational purposes. (d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall establish an account for admin- istering funds received as research grants under this section. The Superintendent shall use the funds in the account in accordance with applica- ble regulations and the terms and conditions of the grants received. (e) RELATED EXPENSES.—Subject to such limi- tations as may be provided in appropriations Acts, appropriations available for the Academy may be used to pay expenses incurred by the Academy in applying for, and otherwise pur- suing, award of a qualifying research grant. (f) REGULATIONS.—The Secretary of the Army shall prescribe regulations for the administra- tion of this section. (Added Pub. L. 105–261, div. A, title X, § 1063(a)(1), Oct. 17, 1998, 112 Stat. 2130, § 4358; re- numbered § 7458, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4358 of this title as this section. Statutory Notes and Related Subsidiaries 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. § 7459. Mixed-funded athletic and recreational extracurricular programs: authority to man- age appropriated funds in same manner as nonappropriated funds (a) AUTHORITY.—In the case of an Academy mixed-funded athletic or recreational extra- curricular program, the Secretary of the Army may designate funds appropriated to the Depart- ment of the Army and available for that pro- gram to be treated as nonappropriated funds and expended for that program in accordance with laws applicable to the expenditure of non- appropriated funds. Appropriated funds so des- ignated shall be considered to be non- appropriated funds for all purposes and shall re- main available until expended. (b) COVERED PROGRAMS.—In this section, the term ‘‘Academy mixed-funded athletic or rec- reational extracurricular program’’ means an athletic or recreational extracurricular program of the Academy to which each of the following applies: (1) The program is not considered a morale, welfare, or recreation program. (2) The program is supported through appro- priated funds. (3) The program is supported by a non- appropriated fund instrumentality. (4) The program is not a private organization and is not operated by a private organization. (Added Pub. L. 108–375, div. A, title V, § 544(a)(1), Oct. 28, 2004, 118 Stat. 1906, § 4359; renumbered § 7459, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4359 of this title as this section. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE Pub. L. 108–375, div. A, title V, § 544(d), Oct. 28, 2004, 118 Stat. 1907, provided that: ‘‘Sections 4359, 6978, and 9359 [now 7459, 8478, and 9459] of title 10, United States Code, shall apply only with respect to funds appro- priated for fiscal years after fiscal year 2004.’’ § 7460. Cadets: charges and fees for attendance; limitation (a) PROHIBITION.—Except as provided in sub- section (b), no charge or fee for tuition, room, or board for attendance at the Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994. (b) EXCEPTION.—The prohibition specified in subsection (a) does not apply with respect to any item or service provided to cadets for which a