10 U.S.C. § 8481 — Support of athletic and physical fitness programs
submitted 13 years ago by Pub. L. 112-239 to r/title-10-ARMED-FORCES · 687 words · no verdicts yet
The Navy Secretary may make contracts, leases, and agreements with the Naval Academy Athletic Association to support the Academy's sports and fitness programs. The Navy can lend property, accept money from the Association and the NCAA, and let the Association license Naval Academy trademarks. These powers last only while the Association stays a qualifying nonprofit.
(a) Authority. (1) Contracts and cooperative agreements: The Secretary of the Navy may sign contracts and cooperative agreements with the Naval Academy Athletic Association ("the Association") to support the Naval Academy's athletic and physical fitness programs. Normally a law requires competitive bidding, but the Secretary may skip that and deal with the Association directly, on a sole-source basis. Even though another law usually limits what a cooperative agreement can buy, an agreement under this section may be used to get property or services that directly benefit the Naval Academy. (2) Leases: The Secretary may also lease or license property to the Association for the same purpose. Any such lease or license automatically counts as satisfying a specific legal condition that would otherwise need separate approval.
(b) Use of Navy personal property by the Association. The Secretary may let the Association use Navy personal property for free, to help run the Academy's athletic and fitness programs.
(c) Acceptance of support. (1) Support from the Association: Despite a law that normally limits accepting outside funds, the Secretary may accept money, supplies*, and services from the Association for these programs. People who work for the Association are not treated as federal employees. (2) Funds from the NCAA: The Secretary may also accept funds from the National Collegiate Athletic Association for the same purpose. (3) Limitation: The Secretary must make sure this support never makes it look like the Navy, its employees, or service members cannot do their jobs fairly and honestly, and must not let it compromise the integrity of any Navy program.
(d) Retention and use of funds. Despite a law that would normally make unused funds expire, money the Navy receives under this section can be kept and used for the Academy's athletic and fitness programs until it is spent.
(e) Trademarks and service marks. (1) Licensing, marketing, and sponsorship agreements: An agreement under subsection (a)(1) may — with Department of the Navy approval, and consistent with two other named laws — let the Association enter licensing, marketing, and sponsorship deals using Naval Academy trademarks and service marks. (2) Limitations: No such deal is allowed if it would make it look like the Navy, its employees, or service members cannot act fairly, or if the Secretary decides it would hurt the integrity of any Navy program or the people in it.
(f) Service on Association Board of Control. The Association is an approved organization for which Navy personnel may be authorized, under two other named laws, to serve on its board.
(g) Conditions. The Navy may use these powers only as long as the Association keeps (1) its status as a nonprofit organization under section 501(c)(3) of the tax code, and follows this section, Maryland law, and its own constitution and bylaws; and (2) its sole purpose of supporting the Naval Academy's athletic and physical fitness programs.
(h) Association defined. In this section, "Association" means the Naval Academy Athletic Association.
The Secretary of the Navy may enter into contracts and cooperative agreements with the Naval Academy Athletic Association for the purpose of supporting the athletic and physical fitness programs of the Naval Academy. Notwithstanding section 3201(e) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 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 Naval Academy.
The Secretary may enter into leases, in accordance with section 2667 of this title, or licenses with the Association for the purpose of supporting the athletic and physical fitness programs of the Naval Academy. Any such lease or license shall be deemed to satisfy the conditions of section 2667(h)(2) of this title.
The Secretary may allow the Association to use, at no cost, personal property of the Department of the Navy to assist the Association in supporting the athletic and physical fitness programs of the Naval Academy.
Notwithstanding section 1342 of title 31, the Secretary may accept from the Association funds, supplies*, and services for the support of the athletic and physical fitness programs of the Naval Academy. For purposes of this section, employees or personnel of the Association may not be considered to be employees of the United States.
The Secretary may accept funds from the National Collegiate Athletic Association to support the athletic and physical fitness programs of the Naval Academy.
The Secretary shall ensure that contributions under this subsection do not reflect unfavorably on the ability of the Department of the Navy, 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 compromise the integrity or appearance of integrity of any program of the Department of the Navy, or any individual involved in such a program.
Notwithstanding section 2260(d) of this title, funds received under this section may be retained for use in support of athletic and physical fitness programs of the Naval Academy and shall remain available until expended.
An agreement under subsection (a)(1) may, consistent with sections 2260 (other than subsection (d)) and 8022(b)(3) of this title, authorize the Association to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Naval Academy, subject to the approval of the Department of the Navy.
No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, 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 if 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 Navy, or any individual involved in such a program.
The Association is a designated entity for which authorization under sections 1033(a) and 1589(a) of this title may be provided.
The authority provided in this section with respect to the Association is available only so long as the Association continues 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 laws of the State of Maryland, and the constitution and bylaws of the Association; and
operate exclusively to support the athletic and physical fitness programs of the Naval Academy.
In this section, the term “Association” means the Naval Academy Athletic Association.
Source credit: (Added Pub. L. 112–239, div. A, title V, § 542(a), Jan. 2, 2013, 126 Stat. 1735, § 6981; renumbered § 8481 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840; Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.)
- 2013Enacted · Pub. L. 112-239 · 126 Stat. 1735
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1836, 1840
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4294
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-239 on 2013-01-02.
all 0 arguments · sorted by: best
no arguments yet — make the first case