The Military Service Academy Foundation Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3084 To allow the Secretaries of the military departments to provide limited support to service academy supporting foundations. IN THE HOUSE OF REPRESENTATIVES JUNE 4, 2019 Mr. BACON (for himself, Mr. CONAWAY, and Mr. BANKS) introduced the following bill; which was referred to the Committee on Armed Services A BILL To allow the Secretaries of the military departments to pro- vide limited support to service academy supporting foun- dations. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘The Military Service 4 Academy Foundation Act of 2019’’. 5 SEC. 2. SUPPORT OF MILITARY SERVICE ACADEMY FOUN- 6 DATIONS. 7 (a) Chapter 155 of title 10, United States Code, is 8 amended by adding at the end the following new section: 9 VerDate Sep 11 2014 20:30 Jun 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3084.IH H3084 jspears on DSK30JT082PROD with BILLS 2 •HR 3084 IH ‘‘§ 2616. Support of military service academy founda- 1 tions 2 ‘‘(a) AUTHORITY.— 3 ‘‘(1) IN GENERAL.—Notwithstanding any other 4 provision of law, the Secretary concerned may pro- 5 vide the following support to service academy sup- 6 porting foundations: 7 ‘‘(A) PARTICIPATION.—Official participa- 8 tion of any general or flag officer or Senior Ex- 9 ecutive Service employee assigned to a service 10 academy, or official designated by the Secretary 11 concerned. Participation under this subpara- 12 graph is limited to charitable fundraising activi- 13 ties and membership drives. 14 ‘‘(B) ENDORSEMENT.—Endorsement of 15 supporting foundations, their events, and activi- 16 ties by those individuals who, under subpara- 17 graph (A), may officially participate in chari- 18 table fundraising or membership drives. 19 ‘‘(C) LOGISTICAL SUPPORT.—Logistical 20 support, provided without reimbursement, and 21 limited to the use of Department of Defense 22 and Department of Homeland Security facilities 23 and equipment (and the services of employees, 24 necessary to make proper use of provided facili- 25 ties or equipment), on a non-exclusive and non- 26 VerDate Sep 11 2014 20:30 Jun 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3084.IH H3084 jspears on DSK30JT082PROD with BILLS 3 •HR 3084 IH interference basis, for an event or activity spon- 1 sored by the supporting foundation for the ben- 2 efit of a service academy. 3 ‘‘(D) TRADEMARKS AND SERVICE 4 MARKS.—Authorization to use any trademarks 5 and service marks owned or controlled by the 6 Secretary concerned for purposes of this sec- 7 tion. 8 ‘‘(2) NO LIABILITY OF THE UNITED STATES.— 9 Any support under paragraph (1) may only be pro- 10 vided without any liability of the United States to 11 the supporting foundation. 12 ‘‘(b) LIMITATION.—The Secretary concerned shall 13 ensure that support provided under subsection (a) does 14 not— 15 ‘‘(1) reflect unfavorably on the ability of the 16 Department of Defense, the Department of Home- 17 land Security, their employees, or any member of the 18 armed forces to carry out any responsibility or duty 19 in a fair and objective manner; 20 ‘‘(2) compromise the integrity or appearance of 21 integrity of any program of the Department of De- 22 fense, the Department of Homeland Security, or any 23 individual involved in such a program; 24 VerDate Sep 11 2014 20:30 Jun 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3084.IH H3084 jspears on DSK30JT082PROD with BILLS 4 •HR 3084 IH ‘‘(3) conflict with the principles relating to gift 1 solicitation, endorsement, and preferential treatment 2 specified in section 2635 of title 5, Code of Federal 3 Regulations, except as specifically authorized in sub- 4 section (a); or 5 ‘‘(4) utilize cadets or midshipmen to support 6 the activities authorized in subsection (a). 7 ‘‘(c) SUPPORTING FOUNDATIONS DEFINED.—In this 8 section, ‘supporting foundations’ are, as designated by the 9 Secretary concerned, charitable, educational, or civic non- 10 profit organizations under section 501(c)(3) of the Inter- 11 nal Revenue Code of 1986, that operate exclusively to sup- 12 port recruiting; parent, alumni, academic, leadership and 13 character development; athletic programs; and institu- 14 tional development of a service academy.’’. 15 (b) CLERICAL AMENDMENT.—The table of sections 16 at the beginning of such chapter is amended by adding 17 at the end the following new item: 18 ‘‘2616. Support of military service academy foundations.’’. Æ VerDate Sep 11 2014 20:30 Jun 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3084.IH H3084 jspears on DSK30JT082PROD with BILLS