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Authorization for certain planning, design, and construction contracts in support of military service academies

Division B · Title XXVIII: Military Construction General Provisions · Subtitle C: Real Property and Facilities Administration

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Superintendents of military service academies can enter into contracts with certain nonprofit foundations to help plan, design, build, equip, and maintain facilities that support the academy's mission. These contracts must not create liability for the government, must maintain fairness and integrity, comply with ethics rules, and be legally reviewed. Each year the military department must report to Congress on any campus improvement projects started under this authority.

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Section Text · Sec. 2821.
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2247. Authorization for certain planning, design, and construction contracts in support of military service academies

(a) Authority

Subject to subsection (b) and amounts made available in advance for such purpose, and pursuant to such regulations as the Secretary of Defense may prescribe, the Superintendent of a Service Academy may seek to enter into a contract with a covered foundation for the planning, design, construction, equipping, and maintenance of facilities and other projects that support the mission of such Service Academy.

(b) Limitations

Contractual agreements under subsection (a) may be provided only if such agreements—

(1)

are without any liability of the United States to the covered foundation;

(2)

do not affect the ability of any official or employee of the military department concerned to carry out any responsibility or duty in a fair and objective manner;

(3)

do not compromise the integrity or appearance of integrity of any program of the military department concerned, or any individual involved in such a program;

(4)

comply with the Joint Ethics Regulation; and

(5)

have been reviewed and approved by an attorney of the military department concerned.

(c) Briefing

In any fiscal year during which the Superintendent of a Service Academy exercises the authority under subsection (a), the Secretary of the military department concerned shall provide a briefing not later than the last day of that fiscal year to the Committees on Armed Services of the Senate and House of Representatives regarding the campus improvement projects initiated during such fiscal year.

(d) Definitions

In this section:

(1)

The term covered foundation means a charitable, educational, or civic nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986, that the Secretary concerned determines operates exclusively to support, with respect to a Service Academy, any of the following:

(A)

Recruiting.

(B)

Parent or alumni development.

(C)

Academic, leadership, or character development.

(D)

Institutional development.

(E)

Athletics.

(2)

The term Service Academy has the meaning given such term in section 347 of this title.