Section 953 - Support for Coast Guard Academy(a) AUTHORITY.-(1) CONTRACTS AND COOPERATIVE AGREEMENTS.-(A) IN GENERAL.-The Commandant may enter contract and cooperative agreements with 1 or more qualified organizations for the purpose of supporting the athletic programs of the Coast Guard Academy.(B) AUTHORITY.-Notwithstanding section 3201(e) of title 10, the Commandant may enter into such contracts and cooperative agreements on a sole source basis pursuant to section 3204(a) of title 10.(C) ACQUISITIONS.-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 Coast Guard Academy.(2) FINANCIAL CONTROLS.-(A) IN GENERAL.-Before entering into a contract or cooperative agreement under paragraph (1), the Commandant shall ensure that the contract or agreement includes appropriate financial controls to account for the resources of the Coast Guard Academy and the qualified organization concerned in accordance with accepted accounting principles.(B) CONTENTS.-Any such contract or cooperative agreement shall contain a provision that allows the Commandant to review, as the Commandant considers necessary, the financial accounts of the qualified organization to determine whether the operations of the qualified organization-(i) are consistent with the terms of the contract or cooperative agreement; and(ii) would compromise the integrity or appearance of integrity of any program of the Department of Homeland Security.(3) LEASES.-For the purpose of supporting the athletic programs of the Coast Guard Academy, the Commandant may, consistent with section 504(a)(13), rent or lease real property located at the Coast Guard Academy to a qualified organization, except that proceeds from such a lease shall be retained and expended in accordance with subsection (f).(b) SUPPORT SERVICES.-(1) AUTHORITY.-To the extent required by a contract or cooperative agreement under subsection (a), the Commandant may provide support services to a qualified organization while the qualified organization conducts support activities at the Coast Guard Academy only if the Commandant determines that the provision of such services is essential for the support of the athletic programs of the Coast Guard Academy.(2) NO LIABILITY OF THE UNITED STATES.-Support services may only be provided without any liability of the United States to a qualified organization.(3) SUPPORT SERVICES DEFINED.-In this subsection, the term "support services" includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems, in conjunction with the leasing or licensing of property.(c) TRANSFERS FROM NONAPPROPRIATED FUND OPERATION.-(1) IN GENERAL.-Except as provided in paragraph (2), the Commandant may, subject to the acceptance of the qualified organization concerned, transfer to the qualified organization all title to and ownership of the assets and liabilities of the Coast Guard nonappropriated fund instrumentality, the function of which includes providing support for the athletic programs of the Coast Guard Academy, including bank accounts and financial reserves in the accounts of such fund instrumentality, equipment, supplies, and other personal property.(2) LIMITATION.-The Commandant may not transfer under paragraph (1) any interest in real property.(d) ACCEPTANCE OF SUPPORT FROM QUALIFIED ORGANIZATION.-(1) IN GENERAL.-Notwithstanding section 1342 of title 31, the Commandant may accept from a qualified organization funds, supplies, and services for the support of the athletic programs of the Coast Guard Academy.(2) EMPLOYEES OF QUALIFIED ORGANIZATION.-For purposes of this section, employees or personnel of the qualified organization may not be considered to be employees of the United States.(3) FUNDS RECEIVED FROM NCAA.-The Commandant may accept funds from the National Collegiate Athletic Association to support the athletic programs of the Coast Guard Academy.(4) LIMITATION.-The Commandant shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection (f) do not-(A) reflect unfavorably on the ability of the Coast Guard, any employee of the Coast Guard, or any member of the armed forces (as such term is defined in section 101(a) of title 10) to carry out any responsibility or duty in a fair and objective manner; or(B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in such a program.(e) TRADEMARKS AND SERVICE MARKS.-(1) LICENSING, MARKETING, AND SPONSORSHIP AGREEMENTS.-An agreement under subsection (a) may, consistent with section 2260 of title 10 (other than subsection (d) of such section), authorize a qualified organization to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Coast Guard Academy, subject to the approval of the Commandant.(2) LIMITATIONS.-A licensing, marketing, or sponsorship agreement may not be entered into under paragraph (1) if-(A) such agreement would reflect unfavorably on the ability of the Coast Guard, any employee of the Coast Guard, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or(B) the Commandant determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Coast Guard or any individual involved in such a program.(f) RETENTION AND USE OF FUNDS.-Funds received by the Commandant under this section may be retained for use to support the athletic programs of the Coast Guard Academy and shall remain available until expended.(g) CONDITIONS.-The authority provided in this section with respect to a qualified organization is available only so long as the qualified organization continues-(1) to operate in accordance with this section, the law of the State of Connecticut, and the constitution and bylaws of the qualified organization; and(2) to operate exclusively to support the athletic programs of the Coast Guard Academy.(h) QUALIFIED ORGANIZATION DEFINED.-In this section, the term "qualified organization" means an organization-(1) that operates as an organization under subsection (c)(3) of section 501 of the Internal Revenue Code of 1986 and exempt from taxation under subsection (a) of that section;(2) for which authorization under sections 1033(a) and 1589(a) of title 10 may be provided; and(3) established by the Coast Guard Academy Alumni Association solely for the purpose of supporting Coast Guard athletics.Added Pub. L. 117-263 title CXII, §11250(a), Dec. 23, 2022, 136 Stat. 4049.EDITORIAL NOTES
REFERENCES IN TEXTSubsection (c)(3) of section 501 of the Internal Revenue Code of 1986, referred to in subsec. (h)(1), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.