I 
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 Representa-
tives 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 Transpor-
tation (referred to in this section as the ‘‘Sec-
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retary’’) may establish, in accordance with the laws 
of the State of New York, a corporation (in this sec-
tion 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 pur-
poses 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. 
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(2) DEPARTMENT
OF
TRANSPORTATION
EM-
PLOYEE MEMBERSHIP.— 
(A) IN GENERAL.—The Secretary may au-
thorize employees of the Department of Trans-
portation to serve, in their official capacities, as 
members of the board of directors of the cor-
poration— 
(i) for the sole purpose of providing 
oversight and advice to, and in coordina-
tion with, the corporation; and 
(ii) to carry out any activities of the 
board other than those activities that con-
stitute participation in the day-to-day oper-
ations 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 director-
ships. 
(C) APPLICABILITY
OF
LIMITATION
ON 
COMPENSATION.—An employee serving as a 
member of the board of directors shall be sub-
ject to the limitation on compensation under 
paragraph (1). 
(d) CONTRACTS AND COOPERATIVE AGREEMENTS.— 
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(1) IN GENERAL.—The Secretary may enter the 
corporation into contracts and cooperative agree-
ments for the purpose of supporting the athletic pro-
grams of the United States Merchant Marine Acad-
emy. 
(2) 
SOLE-SOURCE
CONTRACTS.—Notwith-
standing section 3105 of title 41, United States 
Code, a contract or cooperative agreement entered 
into under paragraph (1) may be a sole-source con-
tract, 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 ath-
letic programs of the United States Merchant Marine 
Academy, in consultation with the Administrator of Gen-
eral Services, the Secretary may rent or lease to the cor-
poration 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; 
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(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 sup-
port 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 Mer-
chant 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 sub-
section, the term ‘‘support services’’ includes utili-
ties, office furnishings and equipment, communica-
tions services, records staging and archiving, audio 
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and video support, and security systems, in conjunc-
tion with the leasing or licensing of property. 
(g) TRANSFERS FROM NONAPPROPRIATED FUND 
OPERATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may, subject to the accept-
ance of the corporation, transfer to the corporation 
all title to and ownership of the assets and liabilities 
of 
the 
Department 
of 
Transportation 
non-
appropriated 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 re-
serves 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. 
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(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 Sec-
retary may accept funds from the National Colle-
giate Athletic Association, funds from athletic con-
ferences, game guarantees from other educational 
institutions, fees for ticketing and licensing, and any 
other consideration provided incidental to the execu-
tion of the athletic programs of the United States 
Merchant Marine Academy. 
(4) LIMITATION.—The Secretary shall ensure 
that contributions under this subsection and expend-
iture 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 Depart-
ment in a fair and objective manner; or 
(B) compromise the integrity or appear-
ance of integrity of any program of the Depart-
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ment of Transportation, or any individual in-
volved 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 cor-
poration 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 Ma-
rine 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 com-
promise the integrity or appearance of integrity 
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of any program of the Department of Transpor-
tation or any individual involved in such a pro-
gram. 
(j) RETENTION AND USE OF FUNDS.—Funds re-
ceived 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 avail-
able 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
PROP-
ERTY.— 
‘‘(A) AUTHORITY.—The Secretary may li-
cense 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. 
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‘‘(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 reg-
istrations 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 li-
censing fees available under this section for 
a fiscal year exceed the total amount need-
ed 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 (com-
monly referred to as the ‘Trademark Act of 
1946’; 15 U.S.C. 1127).’’. 
Æ 
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