H.R. 6961

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6961 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 6961

To support the athletic programs of the United States Merchant Marine 
Academy.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

January 7, 2026

Mr. Garbarino introduced the following bill; which was referred to the 
Committee on Armed Services

_______________________________________________________________________

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 2026''.

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).''.
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