Sec. 3513 — Support for athletic programs of the United States Merchant Marine Academy

Statutory text

(a) In general. Chapter 513 of title 46, United States Code, is amended by adding at the end the following:51329.Support for athletic programs of the United States Merchant Marine Academy

(a) Corporation for support authorized

(1) In general. The Secretary may, in accordance with the laws of the State of New York, establish a corporation (in this section referred to as the corporation) to support the athletic programs of the United States Merchant Marine Academy. All stock of the corporation shall be owned by the United States and held in the name of and voted by the Secretary.

(2) Operation. 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) In general. 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 employees. 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, but such employees shall not hold more than one-third of the directorships. Such authorization to participate in the management of the corporation shall be without compensation and may be made only for the purpose of providing oversight and advice to, and coordination with, the corporation. Participation of the employee in the activities of the corporation may not extend to participation in the day-to-day operations of the corporation.

(d) Contracts and cooperative agreements

(1) In general. The Secretary may enter contract and cooperative agreements with the corporation for the purpose of supporting the athletic programs of the United States Merchant Marine Academy.

(2) Authority. Notwithstanding section 3105 of title 41, the Secretary may enter into such contracts and cooperative agreements on a sole source basis pursuant to section 3304(a) of title 41.

(3) Acquisitions. Notwithstanding chapter 63 of title 31, 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 General Services Administration, the Secretary may rent or lease real property located at the United States Merchant Marine Academy, under such terms and conditions as are deemed advisable, for a period not exceeding 5 years, such real property as may not be required for immediate use by the United States Merchant Marine Academy, to the corporation, and that proceeds from such a lease shall 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 (a), 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. Support services may only be provided without any liability of 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 United States Merchant Marine Academy 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. The Secretary may not transfer under paragraph (1) any interest in real property.

(h) Acceptance of support

(1) In general. Notwithstanding section 1342 of title 31, 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 may not be considered to be 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 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 responsibilit