[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3266 Reported in Senate (RS)]
<DOC>
Calendar No. 434
119th CONGRESS
2d Session
S. 3266
[Report No. 119-126]
To support the athletic programs of the United States Merchant Marine
Academy.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 20, 2025
Mr. Wicker (for himself and Mr. Kelly) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
June 15, 2026
Reported by Mr. Cruz, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To support the athletic programs of the United States Merchant Marine
Academy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``USMMA Athletics Act of
2025''.</DELETED>
<DELETED>SEC. 2. SUPPORT FOR ATHLETIC PROGRAMS OF UNITED STATES
MERCHANT MARINE ACADEMY.</DELETED>
<DELETED> (a) Corporation Establishment.--</DELETED>
<DELETED> (1) Authority.--The Secretary of Transportation
(referred to in this section as the ``Secretary'') 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Corporate Organization.--The corporation shall be
organized and operated--</DELETED>
<DELETED> (1) as a nonprofit corporation under section
501(c)(3) of the Internal Revenue Code of 1986;</DELETED>
<DELETED> (2) in accordance with this section; and</DELETED>
<DELETED> (3) pursuant to the laws of the State of New York,
its articles of incorporation, and its bylaws.</DELETED>
<DELETED> (c) Corporate Board of Directors.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Department of transportation employee
membership.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) for the sole purpose of
providing oversight and advice to, and in
coordination with, the corporation;
and</DELETED>
<DELETED> (ii) to carry out any activities
of the board other than those activities that
constitute participation in the day-to-day
operations of the corporation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (d) Contracts and Cooperative Agreements.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) under such terms and conditions as are deemed
advisable;</DELETED>
<DELETED> (2) for a period not exceeding 5 years;</DELETED>
<DELETED> (3) so long as such real property is not required
for immediate use by the United States Merchant Marine Academy;
and</DELETED>
<DELETED> (4) so long as all proceeds from such rental or
lease be retained and expended in accordance with subsection
(j).</DELETED>
<DELETED> (f) Support Services.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Transfers From Nonappropriated Fund Operation.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Limitation.--In making a transfer under
paragraph (1), the Secretary may not transfer any interest in
real property.</DELETED>
<DELETED> (h) Acceptance of Support.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Employees of the corporation.--For purposes of
this section, employees or personnel of the corporation are not
employees of the United States.</DELETED>
<DELETED> (3) Funds received from other sources.--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.</DELETED>
<DELETED> (4) Limitation.--The Secretary shall ensure that
contributions under this subsection and expenditure of funds
pursuant to subsection (j) do not--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) compromise the integrity or appearance
of integrity of any program of the Department of
Transportation, or any individual involved in such a
program.</DELETED>
<DELETED> (i) Trademarks and Service Marks.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Limitations.--The corporation may not enter
into any licensing, marketing, or sponsorship agreement
pursuant to authority provided under paragraph (1) that--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) the Secretary determines involves use
of the trademark or service mark would compromise the
integrity or appearance of integrity of any program of
the Department of Transportation or any individual
involved in such a program.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (k) Licensing Authority.--Section 109(h) of title 49,
United States Code, is amended by striking paragraph (2) and inserting
the following:</DELETED>
<DELETED> ``(2) Licensing of intellectual property.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Use of fees.--The Secretary shall
use fees retained under this paragraph for the
following purposes:</DELETED>
<DELETED> ``(i) For payment of costs
incurred by the Secretary of securing trademark
registrations and of operating the licensing
program under this paragraph.</DELETED>
<DELETED> ``(ii) For recruiting activities
of the United States Merchant Marine Academy
under the jurisdiction of the Secretary, to the
extent 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).</DELETED>
<DELETED> ``(D) Availability.--Fees received in a
fiscal year and retained under this paragraph shall be
available until expended.</DELETED>
<DELETED> ``(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).''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USMMA Athletics Act of 2026''.
SEC. 2. 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:
``Sec. 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.''.
Calendar No. 434
119th CONGRESS
2d Session
S. 3266
[Report No. 119-126]
_______________________________________________________________________
A BILL
To support the athletic programs of the United States Merchant Marine
Academy.
_______________________________________________________________________
June 15, 2026
Reported with an amendment