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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3266 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3266
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
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USMMA Athletics Act of 2025''.
SEC. 2. SUPPORT FOR ATHLETIC PROGRAMS OF UNITED STATES MERCHANT MARINE
ACADEMY.
(a) Corporation Establishment.--
(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.
(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) to carry out any activities of the
board other than those activities that
constitute participation 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) 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.--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 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.
(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.
(k) Licensing Authority.--Section 109(h) of title 49, United States
Code, is amended by striking paragraph (2) and inserting the following:
``(2) 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 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).
``(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).''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
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