[Congressional Record Volume 172, Number 129 (Thursday, August 6, 2026)]
[Senate]
[Pages S4492-S4493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
USMMA ATHLETICS ACT OF 2026
Mrs. MOODY. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 434, S. 3266.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 3266) to support the athletic programs of the
United States Merchant Marine Academy.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert the part printed in italic, as follows:
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;
[[Page S4493]]
``(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.''.
Mrs. MOODY. Madam President, I ask unanimous consent that the
committee-reported substitute amendment be agreed to; that the bill, as
amended, be considered read a third time and passed; and that the
motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
The bill (S. 3266), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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