II 

Calendar No. 375 

113TH CONGRESS 

2D SESSION S. 2076 

[Report No. 113–158] 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2014 

Mr. BOOZMAN (for himself, Mr. WARNER, and Mr. WICKER) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

MAY 14, 2014 

Reported by Mr. ROCKEFELLER, without amendment 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘U.S. Merchant Marine 

5 Academy Board of Visitors Enhancement Act’’. 


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1 SEC. 2. UNITED STATES MERCHANT MARINE ACADEMY 

2 BOARD OF VISITORS. 

3 Section 51312 of title 46, United States Code, is 

4 amended to read as follows: 

5 ‘‘§ 51312. Board of Visitors 

6 ‘‘(a) IN GENERAL.—A Board of Visitors to the 

7 United States Merchant Marine Academy (referred to in 

8 this section as the ‘Board’ and the ‘Academy’, respec9 tively) shall be established to provide independent advice 

10 and recommendations on matters relating to the United 

11 States Merchant Marine Academy. 

12 ‘‘(b) APPOINTMENT AND MEMBERSHIP.— 

13 ‘‘(1) IN GENERAL.—Not later than 60 days 

14 after the date of the enactment of the U.S. Mer15 chant Marine Academy Board of Visitors Enhance16 ment Act, the Board shall be composed of— 

17 ‘‘(A) 2 Senators appointed by the chair18 man, in consultation with the ranking member, 

19 of the Committee on Commerce, Science, and 

20 Transportation of the Senate; 

21 ‘‘(B) 3 members of the House of Rep22 resentatives appointed by the chairman, in con23 sultation with the ranking member, of the Com24 mittee on Armed Services of the House of Rep25 resentatives; 


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1 ‘‘(C) 1 Senator appointed by the Vice 

2 President, who shall be a member of the Com3 mittee on Appropriations of the Senate; 

4 ‘‘(D) 2 members of the House of Rep5 resentatives appointed by the Speaker of the 

6 House of Representatives, in consultation with 

7 the Minority Leader, at least 1 of whom shall 

8 be a member of the Committee on Appropria9 tions of the House of Representatives; 

10 ‘‘(E) the Commander of the United States 

11 Transportation Command; 

12 ‘‘(F) the Commander of the Military Sea13 lift Command; 

14 ‘‘(G) the Assistant Commandant for Pre15 vention Policy of the United States Coast 

16 Guard; 

17 ‘‘(H) 4 individuals appointed by the Presi18 dent; and 

19 ‘‘(I) as ex officio members— 

20 ‘‘(i) the chairman of the Committee 

21 on Commerce, Science, and Transportation 

22 of the Senate; 

23 ‘‘(ii) the chairman of the Committee 

24 on Armed Services of the House of Rep25 resentatives; 


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1 ‘‘(iii) the chairman of the Advisory 

2 Board to the Academy established under 

3 section 51313; and 

4 ‘‘(iv) the member of the House of 

5 Representatives in whose congressional dis6 trict the Academy is located, as a non-vot7 ing member, unless such member of the 

8 House of Representatives is appointed as a 

9 voting member of the Board under sub10 paragraph (B) or (D). 

11 ‘‘(2) PRESIDENTIAL APPOINTEES.—Of the indi12 viduals appointed by the President under paragraph 

13 (1)(H)— 

14 ‘‘(A) at least 2 shall be graduates of the 

15 Academy; 

16 ‘‘(B) at least 1 shall be a senior corporate 

17 officer from a United States maritime shipping 

18 company that participates in the Maritime Se19 curity Program, or in any Maritime Adminis20 tration program providing incentives for compa21 nies to register their vessels in the United 

22 States, and this appointment shall rotate bien23 nially among such companies; and 

24 ‘‘(C) 1 or more may be a Senate-confirmed 

25 Presidential appointee, a member of the Senior 


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1 Executive Service, or an officer of flag-rank 

2 who from the United States Coast Guard, the 

3 National Oceanic and Atmospheric Administra4 tion, or any of the military services that com5 mission graduates of the Academy, exclusive of 

6 the Board members described in subparagraph 

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

8 ‘‘(3) TERM OF SERVICE.—Each member of the 

9 Board shall serve for a term of 2 years commencing 

10 at the beginning of each Congress, except that any 

11 member whose term on the Board has expired shall 

12 continue to serve until a successor is designated. 

13 ‘‘(4) VACANCIES.—If a member of the Board is 

14 no longer able to serve on the Board or resigns, the 

15 Designated Federal Officer selected under subsection 

16 (g)(2) shall immediately notify the official who ap17 pointed such member. Not later than 60 days after 

18 that notification, such official shall designate a re19 placement to serve the remainder of such member’s 

20 term. 

21 ‘‘(5) CURRENT MEMBERS.—Each member of 

22 the Board serving as a member of the Board on the 

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

24 Academy Board of Visitors Enhancement Act shall 


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1 continue to serve on the Board for the remainder of 

2 such member’s term. 

3 ‘‘(6) DESIGNATION AND RESPONSIBILITY OF

4 SUBSTITUTE BOARD MEMBERS.— 

5 ‘‘(A) AUTHORITY TO DESIGNATE.—A 

6 member of the Board described in subpara7 graph (E), (F), or (G) of paragraph (1) or sub8 paragraph (B) or (C) of paragraph (2) may, if 

9 unable to attend or participate in an activity 

10 described in subsection (d), (e), or (f), des11 ignate another individual to serve as a sub12 stitute member of the Board, on a temporary 

13 basis, to attend or participate in such activity. 

14 ‘‘(B) REQUIREMENTS.—A substitute mem15 ber of the Board designated under subpara16 graph (A) shall be— 

17 ‘‘(i) an individual who has been ap18 pointed by the President and confirmed by 

19 the Senate; 

20 ‘‘(ii) a member of the Senior Execu21 tive Service; or 

22 ‘‘(iii) an officer of flag-rank who is 

23 employed by— 

24 ‘‘(I) the United States Coast 

25 Guard; 


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1 ‘‘(II) the United States Trans2 portation Command; or 

3 ‘‘(III) the Military Sealift Com4 mand. 

5 ‘‘(C) PARTICIPATION.—A substitute mem6 ber of the Board designated under subpara7 graph (A)— 

8 ‘‘(i) shall be permitted to fully partici9 pate in the proceedings and activities of 

10 the Board; 

11 ‘‘(ii) shall report back to the member 

12 on the Board’s activities not later than 15 

13 days following the substitute member’s 

14 participation in such activities; and 

15 ‘‘(iii) shall be permitted to participate 

16 in the preparation of reports described in 

17 paragraph (j) related to any proceedings or 

18 activities of the Board in which such sub19 stitute member participates. 

20 ‘‘(c) CHAIRPERSON.— 

21 ‘‘(1) IN GENERAL.—On a biennial basis, the 

22 Board shall select from among its members, a mem23 ber of the House of Representatives or a Senator to 

24 serve as the Chairperson. 


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1 ‘‘(2) ROTATION.—A member of the House of 

2 Representatives and a member of the Senate shall 

3 alternately serve as the Chair of the Board on a bi4 ennial basis. 

5 ‘‘(3) TERM.—An individual may not serve as 

6 Chairperson for more than 1 consecutive term. 

7 ‘‘(d) MEETINGS.— 

8 ‘‘(1) IN GENERAL.—The Board shall meet sev9 eral times each year as provided for in the Charter 

10 described in paragraph (2)(B), including at least 1 

11 meeting held at the Academy. 

12 ‘‘(2) SELECTION AND CONSIDERATION.—Not 

13 later than 60 days after the date of the enactment 

14 of the U.S. Merchant Marine Academy Board of 

15 Visitors Enhancement Act, the Designated Federal 

16 Officer selected under subsection (g)(2) shall orga17 nize a meeting of the Board for the purposes of— 

18 ‘‘(A) selecting a Chairperson; and 

19 ‘‘(B) considering an official Charter for the 

20 Board, which shall provide for the meeting of 

21 the Board several times each year. 

22 ‘‘(e) VISITING THE ACADEMY.— 

23 ‘‘(1) ANNUAL VISIT.—The Board shall visit the 

24 Academy annually on a date selected by the Board, 


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1 in consultation with the Secretary of Transportation 

2 and the Superintendent of the Academy. 

3 ‘‘(2) OTHER VISITS.—In cooperation with the 

4 Superintendent, the Board or its members may 

5 make other visits to the Academy in connection with 

6 the duties of the Board. 

7 ‘‘(3) ACCESS.—While visiting the Academy 

8 under this subsection, members of the Board shall 

9 have reasonable access to the grounds, facilities, 

10 midshipmen, faculty, staff, and other personnel of 

11 the Academy for the purpose of carrying out the du12 ties of the Board. 

13 ‘‘(f) RESPONSIBILITY.—The Board shall inquire into 

14 the state of morale and discipline, the curriculum, instruc15 tion, physical equipment, fiscal affairs, academic methods, 

16 and other matters relating to the Academy that the Board 

17 decides to consider. 

18 ‘‘(g) DEPARTMENT OF TRANSPORTATION SUP19 PORT.—The Secretary of Transportation shall— 

20 ‘‘(1) provide support as deemed necessary by 

21 the Board for the performance of the Board’s func22 tions; 

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

24 the enactment of the U.S. Merchant Marine Acad25 emy Board of Visitors Enhancement Act, select a 


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1 Designated Federal Officer to support the perform2 ance of the Board’s functions; and 

3 ‘‘(3) in cooperation with the Maritime Adminis4 trator and the Superintendent of the Academy, ad5 vise the Board of any institutional issues, consistent 

6 with applicable laws concerning the disclosure of in7 formation. 

8 ‘‘(h) STAFF.—Staff members may be designated to 

9 serve without reimbursement as staff for the Board by— 

10 ‘‘(1) the Chairperson of the Board; 

11 ‘‘(2) the chairman of the Committee on Com12 merce, Science, and Transportation of the Senate; 

13 and 

14 ‘‘(3) the chairman of the Committee on Armed 

15 Services of the House of Representatives. 

16 ‘‘(i) TRAVEL EXPENSES.—While serving away from 

17 home or regular place of business, a member of the Board 

18 or a staff member designated under subsection (h) shall 

19 be allowed travel expenses, including per diem in lieu of 

20 subsistence, as authorized under section 5703 of title 5, 

21 United States Code. 

22 ‘‘(j) REPORTS.— 

23 ‘‘(1) ANNUAL REPORT.—Not later than 60 days 

24 after each annual visit required under subsection 

25 (e)(1), the Board shall submit to the President a 


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1 written report of its actions, views, and rec2 ommendations pertaining to the Academy. 

3 ‘‘(2) OTHER REPORTS.—If the members of the 

4 Board visit the Academy under subsection (e)(2), 

5 the Board may— 

6 ‘‘(A) prepare a report on such visit; and 

7 ‘‘(B) if approved by a majority of the 

8 members of the Board, submit such report to 

9 the President not later than 60 days after the 

10 date of the approval. 

11 ‘‘(3) ADVISORS.—The Board may call in advis12 ers— 

13 ‘‘(A) for consultation regarding the execu14 tion of the Board’s responsibility under sub15 section (f); or 

16 ‘‘(B) to assist in the preparation of a re17 port described in paragraph (1) or (2). 

18 ‘‘(4) SUBMISSION.—A report submitted to the 

19 President under paragraph (1) or (2) shall be con20 currently submitted to— 

21 ‘‘(A) the Secretary of Transportation; 

22 ‘‘(B) the Committee on Commerce, 

23 Science, and Transportation of the Senate; and 

24 ‘‘(C) the Committee on Armed Services of 

25 the House of Representatives.’’. 


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Calendar No. 375 

113TH CONGRESS 

2D SESSION S. 2076 

[Report No. 113–158] 

A BILL 

To amend the provisions of title 46, United States 

for other purposes. United States Merchant Marine Academy, and Code, related to the Board of Visitors to the 

MAY 14, 2014 

Reported without amendment 


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