I 111th CONGRESS 1st Session H. R. 2636 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.
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:
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. .