Authorizes the Secretary of the Air Force to establish (as a nonprofit corporation) the Air Force Academy Athletic Association, to support the athletic program of the Air Force Academy.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2636 Introduced in House (IH)]
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)
introduced 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 Representatives 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:
``Sec. 9359a. Air Force Academy Athletic Association: authorization,
purpose, and governance
``(a) Establishment Authorized.--The Secretary of the Air Force may
establish a nonprofit corporation, to be known as the `Air Force
Academy Athletic Association', to support the athletic program of the
Air Force Academy.
``(b) Organization and Duties.--(1) The Air Force Academy Athletic
Association (in this section referred to as the `Association') shall be
organized and operated as a nonprofit corporation under section
501(c)(3) of the Internal Revenue Code of 1986 and under the powers and
authorities set forth in this section and the provisions of the laws of
the State of incorporation. The Association shall operate on a
nonpartisan basis exclusively for charitable, educational, and civic
purposes consistent with the authorities referred to in this subsection
to support the athletic program of the Academy.
``(2) Subject to the approval of the Secretary of the Air Force,
the Association may--
``(A) operate and manage athletic and revenue generating
facilities on Academy property;
``(B) use Government facilities, utilities, and services on
the Academy, without charge, in support of its mission;
``(C) sell products to the general public on or off
Government property;
``(D) charge market-based fees for admission to Association
events and other athletic or athletic-related events at the
Academy and for use of Academy athletic facilities and
property; and
``(E) engage in other activities, consistent with the
Academy athletic mission as determined by the Board of
Directors.
``(c) Board of Directors.--(1) The Association shall be governed by
a Board of Directors made up of at least nine members. The members,
other than the member referred to in paragraph (2), shall serve without
compensation, except for reasonable travel and other related expenses
for attendance at required meetings.
``(2) The Director of Athletics at the Academy shall be a standing
member of the Board as part of the Director's duties as the Director of
Athletics.
``(3) Subject to the prior approval of all nominees for appointment
by the Secretary of the Air Force, the Superintendent shall appoint the
remaining members of the Board.
``(4) The Secretary of the Air Force shall select one of the
members of the Board appointed under paragraph (3) to serve as
chairperson of the Board.
``(d) Bylaws.--Not later than July 1, 2010, the Association 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 review.
``(e) Transition From Nonappropriated Fund Operation.--(1) Until
September 30, 2011, the Secretary 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 Superintendent 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 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 Association funds,
goods, and services for use by cadets and Academy personnel during
participation in, or in support of, Academy or Association contests,
events, and programs.
``(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 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 participation as members of the
Board of Directors or participation 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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