Support for athletic programs of the United States Merchant Marine Academy

(a)

In general

Chapter 513 of title 46, United States Code, is amended by adding at the end the following:

51329.

Support for athletic programs of the United States Merchant Marine Academy

(a)

Corporation for support authorized

(1)

Authority

The Secretary of Transportation may establish, in accordance with the laws of the State of New York, a corporation (in this section referred to as the corporation) to support the athletic programs of the United States Merchant Marine Academy.(2)

Ownership

All stock of the corporation shall be owned by the United States and held in the name of, and subject to be voted by, the Secretary.(3)

Purpose

The corporation shall operate exclusively for charitable, educational, and civic purposes to support the athletic programs of the United States Merchant Marine Academy.(b)

Corporate organization

The corporation shall be organized and operated—(1)as a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986;(2)in accordance with this section; and(3)pursuant to the laws of the State of New York, its articles of incorporation, and its bylaws.(c)

Corporate Board of Directors

(1)

Limitation on compensation

The members of the board of directors of the corporation shall serve without compensation as members of the board, except for reasonable travel and other related expenses for attendance at meetings of the board.(2)

Department of Transportation employee membership

(A)

In general

The Secretary may authorize employees of the Department of Transportation to serve, in their official capacities, as members of the board of directors of the corporation—(i)for the sole purpose of providing oversight and advice to, and in coordination with, the corporation; and(ii)who may not participate in the day-to-day operations of the corporation.(B)

Limitation

Employees serving as a member of the board of directors pursuant to an authorization under subparagraph (A) may not hold more than one-third of the directorships.(C)

Applicability of limitation on compensation

An employee serving as a member of the board of directors shall be subject to the limitation on compensation under paragraph (1).(D)

Publication in federal register

The Secretary shall publish in the Federal Register an authorization under subparagraph (A) of an employee of the Department of Transportation to participate as a member of the board of directors.(d)

Contracts and cooperative agreements

(1)

In general

The Secretary may enter the corporation into contracts and cooperative agreements for the purpose of supporting the athletic programs of the United States Merchant Marine Academy.(2)

Sole-source contracts

Notwithstanding section 3105 of title 41, United States Code, a contract or cooperative agreement entered into under paragraph (1) may be a sole-source contract, subject to section 3304(a) of such title.(3)

Acquisitions

Notwithstanding chapter 63 of title 31, United States Code, a cooperative agreement under this section may be used to acquire property, services, or travel for the direct benefit or use of the United States Merchant Marine Academy.(e)

Leases

For the purpose of supporting the athletic programs of the United States Merchant Marine Academy, in consultation with the Administrator of General Services, the Secretary may rent or lease to the corporation any real property located at the United States Merchant Marine Academy—(1)under such terms and conditions as are deemed advisable;(2)for a period not exceeding 5 years;(3)so long as such real property is not required for immediate use by the United States Merchant Marine Academy; and(4)so long as all proceeds from such rental or lease be retained and expended in accordance with subsection (j).(f)

Support services

(1)

Authority

To the extent required by a contract or cooperative agreement under subsection (d), the Secretary may provide support services to the corporation while the corporation conducts support activities at the United States Merchant Marine Academy only if the Secretary determines that the provision of such services is essential for the support of the athletic programs of the United States Merchant Marine Academy.(2)

No liability of the United States

The provision of support services under paragraph (1) may not result in any liability for the United States to the corporation.(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.(g)

Transfers from nonappropriated fund operation

(1)

In general

Except as provided in paragraph (2), the Secretary may, subject to the acceptance of the corporation, transfer to the corporation all title to and ownership of the assets and liabilities of the Department of Transportation nonappropriated fund instrumentality, the function of which includes providing support for the athletic programs of the United States Merchant Marine Academy, including bank accounts and financial reserves in the accounts of such fund instrumentality, equipment, supplies, and other personal property.(2)

Limitation

In making a transfer under paragraph (1), the Secretary may not transfer any interest in real property.(h)

Acceptance of support

(1)

In general

Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept from the corporation funds, supplies, and services for the support of the athletic programs of the United States Merchant Marine Academy.(2)

Employees of the corporation

For purposes of this section, employees or personnel of the corporation are not employees of the United States.(3)

Funds received from other sources

The Secretary may charge fees for the support of athletic programs of the United States Merchant Marine Academy. To support the athletic programs of the United States Merchant Marine Academy, the Secretary may accept funds from the National Collegiate Athletic Association, funds from athletic conferences, game guarantees from other educational institutions, fees for ticketing and licensing, and any other consideration provided incidental to the execution of the athletic programs of the United States Merchant Marine Academy.(4)

Limitation

The Secretary shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection (j) do not—(A)reflect unfavorably on the ability of the Department of Transportation, or any employee of the Department of Transportation, to carry out any responsibility or duty of the Department in a fair and objective manner; or(B)compromise the integrity or appearance of integrity of any program of the Department of Transportation, or any individual involved in such a program.(i)

Trademarks and service marks

(1)

Licensing, marketing, and sponsorship agreements

Subject to paragraph (2), a contract or cooperative agreement under subsection (d) may, consistent with section 109(h)(2) of title 49, United States Code, include an authorization for the corporation to enter into licensing, marketing, and sponsorship agreements (subject to the approval of the Secretary) relating to trademarks and service marks identifying the United States Merchant Marine Academy.(2)

Limitations

The corporation may not enter into any licensing, marketing, or sponsorship agreement pursuant to authority provided under paragraph (1) that—(A)may reflect unfavorably on the ability of the Department of Transportation, or any employee of the Department of Transportation, to carry out any responsibility or duty of the Department in a fair and objective manner; or(B)the Secretary determines involves the use of trademarks or service marks that would compromise the integrity or appearance of integrity of any program of the Department of Transportation or any individual involved in such a program.(j)

Retention and use of funds

Funds received by the Secretary under this section may be retained for use to support the athletic programs of the United States Merchant Marine Academy and shall remain available until expended.

(b)

Clerical amendment

The table of sections for chapter 513 of title 46, United States Code, is amended by adding at the end the following: Chapter 513 of title 46, United States Code, is amended

51329. Support for athletic programs of United States Merchant Marine Academy..

(c)

Licensing authority

Section 109(h) of title 49, United States Code, is amended by adding at the end the following:

(3)

Licensing of intellectual property

(A)

Authority

The Secretary may license trademarks and service marks owned or controlled by the Secretary with respect to the United States Merchant Marine Academy and may retain and expend fees received from such licensing in accordance with this paragraph.(B)

Designated marks

The Secretary shall designate the trademarks and service marks with respect to which the Secretary will exercise the authority to retain licensing fees under this paragraph.(C)

Use of fees

The Secretary shall use fees retained under this paragraph for the following purposes:(i)For payment of costs incurred by the Secretary of securing trademark registrations and of operating the licensing program under this paragraph.(ii)For support of athletic programs and recruiting activities of the United States Merchant Marine Academy under the jurisdiction of the Secretary, to the extent (if any) that the total amount of the licensing fees available under this section for a fiscal year exceed the total amount needed for such fiscal year under paragraph (1).(D)

Availability

Fees received in a fiscal year and retained under this paragraph shall be available until expended.(E)

Definitions

In this paragraph, the terms trademark and service mark have the meanings given such terms, respectively, in section 45 of the Act of July 5, 1946 (commonly referred to as the Trademark Act of 1946; 15 U.S.C. 1127).(F)

Guidance

Not later than 180 days after the date of enactment of the USMMA Athletics Act of 2026, the Secretary shall issue guidance to implement a trademark and service mark licensing program under this paragraph.