#aaith ,,congress #b;d ,session ,s4 #cbff ,,an ,,act ,to support the athletic programs of the ,united ,states ,merchant ,marine ,academy4 #a4 ,short title ,this ,act may be cited as the ,,usmma ,athletics ,act of #bjbf4 #b4 ,support for athletic programs of the ,united ,states ,merchant ,marine ,academy 7a7 ,in general ,chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eacbi4 ,support for athletic programs of the ,united ,states ,merchant ,marine ,academy 7a7 ,corporation for support authorized 7#a7 ,authority ,the ,secretary of ,transportation may establish1 in accordance with the laws of the ,state of ,new ,york1 a corporation 7in this section referred to as the corporation7 to support the athletic programs of the ,united ,states ,merchant ,marine ,academy4 7#b7 ,ownership ,all stock of the corporation shall be owned by the ,united ,states and held in the name of1 and subject to be voted by1 the ,secretary4 7#c7 ,purpose ,the corporation shall operate exclusively for charitable1 educational1 and civic purposes to support the athletic programs of the ,united ,states ,merchant ,marine ,academy4 7b7 ,corporate organization ,the corporation shall be organized and operated-- 7#a7 as a nonprofit corporation under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf2 7#b7 in accordance with this section2 and 7#c7 pursuant to the laws of the ,state of ,new ,york1 its articles of incorporation1 and its bylaws4 7c7 ,corporate ,board of ,directors 7#a7 ,limitation on compensation ,the members of the board of directors of the corporation shall serve without compensation as members of the board1 except for reasonable travel and other related expenses for attendance at meetings of the board4 7#b7 ,department of ,transportation employee membership 7,a7 ,in general ,the ,secretary may authorize employees of the ,department of ,transportation to serve1 in their official capacities1 as members of the board of directors of the corporation-- 7i7 for the sole purpose of providing oversight and advice to1 and in coordination with1 the corporation2 and 7ii7 who may not participate in the day-to-day operations of the corporation4 7,b7 ,limitation ,employees serving as a member of the board of directors pursuant to an authorization under subparagraph 7,a7 may not hold more than one-third of the directorships4 7,c7 ,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 7#a74 7,d7 ,publication in federal register ,the ,secretary shall publish in the ,federal ,register an authorization under subparagraph 7,a7 of an employee of the ,department of ,transportation to participate as a member of the board of directors4 7d7 ,contracts and cooperative agreements 7#a7 ,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 ,academy4 7#b7 ,sole-source contracts ,notwithstanding section #caje of title #da1 ,united ,states ,code1 a contract or cooperative agreement entered into under paragraph 7#a7 may be a sole-source contract1 subject to section #ccjd7;a7 of such title4 7#c7 ,acquisitions ,notwithstanding chapter #fc of title #ca1 ,united ,states ,code1 a cooperative agreement under this section may be used to acquire property1 services1 or travel for the direct benefit or use of the ,united ,states ,merchant ,marine ,academy4 7e7 ,leases ,for the purpose of supporting the athletic programs of the ,united ,states ,merchant ,marine ,academy1 in consultation with the ,administrator of ,general ,services1 the ,secretary may rent or lease to the corporation any real property located at the ,united ,states ,merchant ,marine ,academy-- 7#a7 under such terms and conditions as are deemed advisable2 7#b7 for a period not exceeding #e years2 7#c7 so long as such real property is not required for immediate use by the ,united ,states ,merchant ,marine ,academy2 and 7#d7 so long as all proceeds from such rental or lease be retained and expended in accordance with subsection 7j74 7f7 ,support services 7#a7 ,authority ,to the extent required by a contract or cooperative agreement under subsection 7d71 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 ,academy4 7#b7 ,no liability of the ,united ,states ,the provision of support services under paragraph 7#a7 may not result in any liability for the ,united ,states to the corporation4 7#c7 ,support services defined ,in this subsection1 the term support services includes utilities1 office furnishings and equipment1 communications services1 records staging and archiving1 audio and video support1 and security systems1 in conjunction with the leasing or licensing of property4 7g7 ,transfers from nonappropriated fund operation 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary may1 subject to the acceptance of the corporation1 transfer to the corporation all title to and ownership of the assets and liabilities of the ,department of ,transportation nonappropriated fund instrumentality1 the function of which includes providing support for the athletic programs of the ,united ,states ,merchant ,marine ,academy1 including bank accounts and financial reserves in the accounts of such fund instrumentality1 equipment1 supplies1 and other personal property4 7#b7 ,limitation ,in making a transfer under paragraph 7#a71 the ,secretary may not transfer any interest in real property4 7h7 ,acceptance of support 7#a7 ,in general ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,secretary may accept from the corporation funds1 supplies1 and services for the support of the athletic programs of the ,united ,states ,merchant ,marine ,academy4 7#b7 ,employees of the corporation ,for purposes of this section1 employees or personnel of the corporation are not employees of the ,united ,states4 7#c7 ,funds received from other sources ,the ,secretary may charge fees for the support of athletic programs of the ,united ,states ,merchant ,marine ,academy4 ,to support the athletic programs of the ,united ,states ,merchant ,marine ,academy1 the ,secretary may accept funds from the ,national ,collegiate ,athletic ,association1 funds from athletic conferences1 game guarantees from other educational institutions1 fees for ticketing and licensing1 and any other consideration provided incidental to the execution of the athletic programs of the ,united ,states ,merchant ,marine ,academy4 7#d7 ,limitation ,the ,secretary shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection 7j7 do not-- 7,a7 reflect unfavorably on the ability of the ,department of ,transportation1 or any employee of the ,department of ,transportation1 to carry out any responsibility or duty of the ,department in a fair and objective manner2 or 7,b7 compromise the integrity or appearance of integrity of any program of the ,department of ,transportation1 or any individual involved in such a program4 7i7 ,trademarks and service marks 7#a7 ,licensing1 marketing1 and sponsorship agreements ,subject to paragraph 7#b71 a contract or cooperative agreement under subsection 7d7 may1 consistent with section #aji7;h77#b7 of title #di1 ,united ,states ,code1 include an authorization for the corporation to enter into licensing1 marketing1 and sponsorship agreements 7subject to the approval of the ,secretary7 relating to trademarks and service marks identifying the ,united ,states ,merchant ,marine ,academy4 7#b7 ,limitations ,the corporation may not enter into any licensing1 marketing1 or sponsorship agreement pursuant to authority provided under paragraph 7#a7 that-- 7,a7 may reflect unfavorably on the ability of the ,department of ,transportation1 or any employee of the ,department of ,transportation1 to carry out any responsibility or duty of the ,department in a fair and objective manner2 or 7,b7 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 program4 7j7 ,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 expended4 4 7b7 ,clerical amendment ,the table of sections for chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 ,chapter #eac of title #df1 ,united ,states ,code1 is amended #eacbi4 ,support for athletic programs of ,united ,states ,merchant ,marine ,academy44 7c7 ,licensing authority ,section #aji7;h7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,licensing of intellectual property 7,a7 ,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 paragraph4 7,b7 ,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 paragraph4 7,c7 ,use of fees ,the ,secretary shall use fees retained under this paragraph for the following purposes3 7i7 ,for payment of costs incurred by the ,secretary of securing trademark registrations and of operating the licensing program under this paragraph4 7ii7 ,for support of athletic programs and recruiting activities of the ,united ,states ,merchant ,marine ,academy under the jurisdiction of the ,secretary1 to the extent 7if any7 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 7#a74 7,d7 ,availability ,fees received in a fiscal year and retained under this paragraph shall be available until expended4 7,e7 ,definitions ,in this paragraph1 the terms trademark and service mark have the meanings given such terms1 respectively1 in section #de of the ,act of ,july #e1 #aidf 7commonly referred to as the ,trademark ,act of #aidf2 #ae ,u4,s4,c4 #aabg74 7,f7 ,guidance ,not later than #ahj days after the date of enactment of the ,,usmma ,athletics ,act of #bjbf1 the ,secretary shall issue guidance to implement a trademark and service mark licensing program under this paragraph4 4 ,passed the ,senate ,august #f1 #bjbf4,secretary