U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–010 

" ! SENATE 113TH CONGRESS

2d Session 

REPORT 

2014

113–158 

Calendar No. 375 

U.S. MERCHANT MARINE ACADEMY BOARD 

OF VISITORS ENHANCEMENT ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2076 

MAY 14, 2014.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

MARK BEGICH, Alaska 

RICHARD BLUMENTHAL, Connecticut 

BRIAN SCHATZ, Hawaii 

ED MARKEY, Massachusetts 

CORY BOOKER, New Jersey 

JOHN WALSH, Montana 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

ROY BLUNT, Missouri 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

DAN COATS, Indiana 

TIM SCOTT, South Carolina 

TED CRUZ, Texas 

DEB FISCHER, Nebraska 

RON JOHNSON, Wisconsin 

ELLEN DONESKI, Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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Calendar No. 375 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–158 

U.S. MERCHANT MARINE ACADEMY BOARD OF VISITORS 

ENHANCEMENT ACT 

MAY 14, 2014.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2076] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2076) to amend the provisions of 

title 46, United States Code, related to the Board of Visitors to the 

United States Merchant Marine Academy, and for other purposes, 

having considered the same, reports favorably thereon without 

amendment and recommends that the bill do pass. 

PURPOSE OF THE BILL

S. 2076 would make changes to the current United States Merchant Marine Academy Board of Visitors (the Board) to improve 

the Board’s advisory role and better align it with the Boards of 

Visitors at other Federal military service academies. 

BACKGROUND AND NEEDS

The United States Merchant Marine Academy (the Academy) is 

one of five Federal military service academies in the United States. 

The Academy, which is overseen by the Maritime Administration 

within the Department of Transportation, educates and graduates 

licensed Merchant Marine officers who serve America’s marine 

transportation and defense needs in times of peace and war. Current law authorizes the Board, which is advisory and made up of 

members of the Senate and House of Representatives; however, improvements to the current law could enhance the scope, structure, 

and process for the Board and better align it with the Boards of 

Visitors of the other military service academies. 


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The other military service academy Boards of Visitors are composed of Congressional as well as non-Congressional members who 

are authorized to visit their respective academies each year, and 

provide independent advice to the school. In addition, other military service academy Boards of Visitors utilize a Federal point of 

contact to serve as a liaison between the military service academy, 

Congress, and the applicable Federal department or agency. This 

bill would provide a similar level of commitment to the Academy. 

SUMMARY OF PROVISIONS

S. 2076 would expand the Academy’s Board to include ex-officio 

members from the military and presidentially-appointed members 

from outside Congress. The legislation would ensure that two Academy alumni be on the Board and include as part of the Board critical Academy stakeholders that partner with the Maritime Administration through the Maritime Security Program. The legislation 

would prevent lengthy Board vacancies by allowing members to 

continue serving until reappointments or new appointments are 

made. Finally, the legislation would provide Department of Transportation support through the Maritime Administration. 

LEGISLATIVE HISTORY

Senator Boozman, along with Senators Warner and Wicker, introduced S. 2076 on March 4, 2014. On April 9, 2014, the Committee met in Executive Session during which S. 2076 was considered. The bill was reported favorably by voice vote. 

A companion bill, the U.S. Merchant Marine Academy Board of 

Visitors Enhancement Act, H.R. 4144, was introduced by Representative Michael Grimm and five cosponsors in the House of 

Representatives on March 4, 2014.

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 2076—U.S. Merchant Marine Academy Board of Visitors Enhancement Act 

S. 2076 would amend the law governing the Board of Visitors for 

the United States Merchant Marine Academy (USMMA), which is 

overseen by the Maritime Administration (MARAD) of the United 

States Department of Transportation. The bill would change the 

structure of the board to be similar to those at the other four service academies. CBO estimates that implementing the bill would 

have no significant effect on the federal budget. Enacting S. 2076 

would not affect direct spending or revenues; therefore, pay-as-yougo procedures do not apply. 

S. 2076 would increase the number of people on the Board of 

Visitors for the USMMA by nine, reform the way that vacancies 

are filled, and outline the responsibilities of the board. Members of 

the Board receive reimbursement for their travel, meals and lodging expenses when serving away from their home or regular place 

of business. CBO estimates that the costs of those reimbursements 


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would be small. The bill also would direct MARAD to support the 

Board of Visitors including the assignment of a Designated Federal 

Officer. Based on information from the agency, CBO estimates that 

the costs of this provision also would be small. 

S. 2076 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Sarah Puro. The estimate was approved by Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The bill would expand the Academy’s Board, allow members to 

continue serving until reappointments or new appointments are 

made, and provide support through the Maritime Administration. 

It does not authorize any new regulations and therefore will not 

subject any individuals or businesses to new regulations. 

ECONOMIC IMPACT

S. 2076 is expected to have a positive impact on the U.S. economy. The maritime industry is a key component of the Nation’s 

economy. Provisions in this legislation, although directed predominately at the Board, could improve the competitiveness of U.S. 

maritime interests given stakeholder involvement with the Board. 

PRIVACY

The reported bill is not expected to have any impact on the privacy rights of individuals. 

PAPERWORK

It is not anticipated that there would be a major increase in paperwork burdens resulting from the enactment of S. 2076. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section would provide that the Act be cited as the ‘‘U.S. 

Merchant Marine Academy Board of Visitors Enhancement Act’’. 


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Section 2. United States Merchant Marine Academy Board of Visitors 

Section 51312 of title 46, United States Code, sets forth the provisions regulating the Board. Section 2 of the bill would amend 

those provisions. The Board would be composed of the following: 

two Senators appointed by the chairman of the Committee on Commerce, Science, and Transportation; three members of the House of 

Representatives appointed by the chairman of the Committee on 

Armed Services of the House of Representatives; one Senator from 

the Committee on Appropriations; two members of the House of 

Representatives, at least one of whom would be a member of the 

Committee on Appropriations of the House of Representatives; the 

Commander of the United States Transportation Command; the 

Commander of the Military Sealift Command; the Assistant Commandant for Prevention Policy of the United States Coast Guard; 

four qualified individuals appointed by the President; and four 

qualified ex-officio members. Each member would serve for a term 

of two years, except any member whose term has expired would 

continue to serve until a successor is designated. The Board would 

meet several times a year, including at least one meeting held at 

the Academy. Among other responsibilities, the Board would inquire into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, academic matters, and 

other matters related to the Academy. The Board would also be required to submit an annual report of its actions, views, and recommendations for the Academy. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE 46. SHIPPING 

SUBTITLE V. MERCHANT MARINE

PART B. MERCHANT MARINE SERVICE

CHAPTER 513. UNITED STATES MERCHANT MARINE ACADEMY

ø§ 51312. Board of Visitors 

ø(a) IN GENERAL.—A Board of Visitors to the United States Merchant Marine Academy shall be established, for a term of 2 years 

commencing at the beginning of each Congress, to visit the Academy annually on a date determined by the Secretary of Transportation and to make recommendations on the operation of the Academy. 

ø(b) APPOINTMENT.— 

ø(1) IN GENERAL.—The Board shall be composed of— 

ø(A) 2 Senators appointed by the chairman of the Committee on Commerce, Science, and Transportation of the 

Senate; 


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ø(B) 3 Members of the House of Representatives appointed by the chairman of the Committee on Armed Services of the House of Representatives; 

ø(C) 1 Senator appointed by the Vice President; 

ø(D) 2 Members of the House of Representatives appointed by the Speaker of the House of Representatives; 

and 

ø(E) the chairmen of the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on Armed Services of the House of Representatives, 

as ex officio members. 

ø(2) SUBSTITUTE APPOINTMENT.—If an appointed member of 

the Board is unable to visit the Academy as provided in subsection (a), another individual may be appointed as a substitute in the manner provided in paragraph (1). 

ø(c) STAFF.—The chairmen of the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Armed Services of the House of Representatives may designate 

staff members of their committees to serve without reimbursement 

as staff for the Board. 

ø(d) TRAVEL EXPENSES.—When serving away from home or regular place of business, a member of the Board or a staff member 

designated under subsection (c) shall be allowed travel expenses, 

including per diem in lieu of subsistence, as authorized by section 

5703 of title 5.¿ 

§ 51312. Board of Visitors 

(a) IN GENERAL.—A Board of Visitors to the United States Merchant Marine Academy (referred to in this section as the ‘‘Board’’ 

and the ‘‘Academy’’, respectively) shall be established to provide 

independent advice and recommendations on matters relating to the 

United States Merchant Marine Academy. 

(b) APPOINTMENT AND MEMBERSHIP.— 

(1) IN GENERAL.—Not later than 60 days after the date of the 

enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act, the Board shall be composed of— 

(A) 2 Senators appointed by the chairman, in consultation with the ranking member, of the Committee on Commerce, Science, and Transportation of the Senate; 

(B) 3 members of the House of Representatives appointed 

by the chairman, in consultation with the ranking member, 

of the Committee on Armed Services of the House of Representatives; 

(C) 1 Senator appointed by the Vice President, who shall 

be a member of the Committee on Appropriations of the 

Senate; 

(D) 2 members of the House of Representatives appointed 

by the Speaker of the House of Representatives, in consultation with the Minority Leader, at least 1 of whom shall be 

a member of the Committee on Appropriations of the House 

of Representatives; 

(E) the Commander of the United States Transportation 

Command; 

(F) the Commander of the Military Sealift Command; 


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(G) the Assistant Commandant for Prevention Policy of 

the United States Coast Guard; 

(H) 4 individuals appointed by the President; and 

(I) as ex officio members— 

(i) the chairman of the Committee on Commerce, 

Science, and Transportation of the Senate; 

(ii) the chairman of the Committee on Armed Services of the House of Representatives; 

(iii) the chairman of the Advisory Board to the Academy established under section 51313; and 

(iv) the member of the House of Representatives in 

whose congressional district the Academy is located, as 

a non-voting member, unless such member of the House 

of Representatives is appointed as a voting member of 

the Board under subparagraph (B) or (D). 

(2) PRESIDENTIAL APPOINTEES.—Of the individuals appointed 

by the President under paragraph (1)(H)— 

(A) at least 2 shall be graduates of the Academy; 

(B) at least 1 shall be a senior corporate officer from a 

United States maritime shipping company that participates 

in the Maritime Security Program, or in any Maritime Administration program providing incentives for companies to 

register their vessels in the United States, and this appointment shall rotate biennially among such companies; and 

(C) 1 or more may be a Senate-confirmed Presidential appointee, a member of the Senior Executive Service, or an officer of flag-rank who from the United States Coast Guard, 

the National Oceanic and Atmospheric Administration, or 

any of the military services that commission graduates of 

the Academy, exclusive of the Board members described in 

subparagraph (E), (F), or (G) of paragraph (1). 

(3) TERM OF SERVICE.—Each member of the Board shall serve 

for a term of 2 years commencing at the beginning of each Congress, except that any member whose term on the Board has expired shall continue to serve until a successor is designated. 

(4) VACANCIES.—If a member of the Board is no longer able 

to serve on the Board or resigns, the Designated Federal Officer 

selected under subsection (g)(2) shall immediately notify the official who appointed such member. Not later than 60 days after 

that notification, such official shall designate a replacement to 

serve the remainder of such member’s term. 

(5) CURRENT MEMBERS.—Each member of the Board serving 

as a member of the Board on the date of the enactment of the 

U.S. Merchant Marine Academy Board of Visitors Enhancement Act shall continue to serve on the Board for the remainder 

of such member’s term. 

(6) DESIGNATION AND RESPONSIBILITY OF SUBSTITUTE BOARD

MEMBERS.— 

(A) AUTHORITY TO DESIGNATE.—A member of the Board 

described in subparagraph (E), (F), or (G) of paragraph (1) 

or subparagraph (B) or (C) of paragraph (2) may, if unable 

to attend or participate in an activity described in subsection (d), (e), or (f), designate another individual to serve 

as a substitute member of the Board, on a temporary basis, 

to attend or participate in such activity. 


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(B) REQUIREMENTS.—A substitute member of the Board 

designated under subparagraph (A) shall be— 

(i) an individual who has been appointed by the 

President and confirmed by the Senate; 

(ii) a member of the Senior Executive Service; or 

(iii) an officer of flag-rank who is employed by— 

(I) the United States Coast Guard; 

(II) the United States Transportation Command; 

or 

(III) the Military Sealift Command. 

(C) PARTICIPATION.—A substitute member of the Board 

designated under subparagraph (A)— 

(i) shall be permitted to fully participate in the proceedings and activities of the Board; 

(ii) shall report back to the member on the Board’s 

activities not later than 15 days following the substitute member’s participation in such activities; and 

(iii) shall be permitted to participate in the preparation of reports described in paragraph (j) related to any 

proceedings or activities of the Board in which such 

substitute member participates. 

(c) CHAIRPERSON.— 

(1) IN GENERAL.—On a biennial basis, the Board shall select 

from among its members, a member of the House of Representatives or a Senator to serve as the Chairperson. 

(2) ROTATION.—A member of the House of Representatives 

and a member of the Senate shall alternately serve as the Chair 

of the Board on a biennial basis. 

(3) TERM.—An individual may not serve as Chairperson for 

more than 1 consecutive term. 

(d) MEETINGS.— 

(1) IN GENERAL.—The Board shall meet several times each 

year as provided for in the Charter described in paragraph 

(2)(B), including at least 1 meeting held at the Academy. 

(2) SELECTION AND CONSIDERATION.—Not later than 60 days 

after the date of the enactment of the U.S. Merchant Marine 

Academy Board of Visitors Enhancement Act, the Designated 

Federal Officer selected under subsection (g)(2) shall organize a 

meeting of the Board for the purposes of— 

(A) selecting a Chairperson; and 

(B) considering an official Charter for the Board, which 

shall provide for the meeting of the Board several times 

each year. 

(e) VISITING THE ACADEMY.— 

(1) ANNUAL VISIT.—The Board shall visit the Academy annually on a date selected by the Board, in consultation with the 

Secretary of Transportation and the Superintendent of the 

Academy. 

(2) OTHER VISITS.—In cooperation with the Superintendent, 

the Board or its members may make other visits to the Academy 

in connection with the duties of the Board. 

(3) ACCESS.—While visiting the Academy under this subsection, members of the Board shall have reasonable access to 

the grounds, facilities, midshipmen, faculty, staff, and other 


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personnel of the Academy for the purpose of carrying out the 

duties of the Board. 

(f) RESPONSIBILITY.—The Board shall inquire into the state of morale and discipline, the curriculum, instruction, physical equipment, 

fiscal affairs, academic methods, and other matters relating to the 

Academy that the Board decides to consider. 

(g) DEPARTMENT OF TRANSPORTATION SUPPORT.—The Secretary 

of Transportation shall— 

(1) provide support as deemed necessary by the Board for the 

performance of the Board’s functions; 

(2) not later than 30 days after the date of the enactment of 

the U.S. Merchant Marine Academy Board of Visitors Enhancement Act, select a Designated Federal Officer to support the performance of the Board’s functions; and 

(3) in cooperation with the Maritime Administrator and the 

Superintendent of the Academy, advise the Board of any institutional issues, consistent with applicable laws concerning the 

disclosure of information. 

(h) STAFF.—Staff members may be designated to serve without reimbursement as staff for the Board by— 

(1) the Chairperson of the Board; 

(2) the chairman of the Committee on Commerce, Science, 

and Transportation of the Senate; and 

(3) the chairman of the Committee on Armed Services of the 

House of Representatives. 

(i) TRAVEL EXPENSES.—While serving away from home or regular 

place of business, a member of the Board or a staff member designated under subsection (h) shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 

5703 of title 5, United States Code. 

(j) REPORTS.— 

(1) ANNUAL REPORT.—Not later than 60 days after each annual visit required under subsection (e)(1), the Board shall submit to the President a written report of its actions, views, and 

recommendations pertaining to the Academy. 

(2) OTHER REPORTS.—If the members of the Board visit the 

Academy under subsection (e)(2), the Board may— 

(A) prepare a report on such visit; and 

(B) if approved by a majority of the members of the 

Board, submit such report to the President not later than 

60 days after the date of the approval. 

(3) ADVISORS.—The Board may call in advisers— 

(A) for consultation regarding the execution of the 

Board’s responsibility under subsection (f); or 

(B) to assist in the preparation of a report described in 

paragraph (1) or (2). 

(4) SUBMISSION.—A report submitted to the President under 

paragraph (1) or (2) shall be concurrently submitted to— 

(A) the Secretary of Transportation; 

(B) the Committee on Commerce, Science, and Transportation of the Senate; and 


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(C) the Committee on Armed Services of the House of 

Representatives. 

Æ 


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