[Senate Report 113-158]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 375

113th Congress  }                                           {    REPORT
                                 SENATE
 2d Session     }                                           {   113-158
_______________________________________________________________________

     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

                                  _______

                   U.S. GOVERNMENT PRINTING OFFICE

39-010                    WASHINGTON : 2014












       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred thirteenth congress
                             second session

             JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California            JOHN THUNE, South Dakota
BILL NELSON, Florida                 ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington           ROY BLUNT, Missouri
MARK PRYOR, Arkansas                 MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri           KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota             DEAN HELLER, Nevada
MARK BEGICH, Alaska                  DAN COATS, Indiana
RICHARD BLUMENTHAL, Connecticut      TIM SCOTT, South Carolina
BRIAN SCHATZ, Hawaii                 TED CRUZ, Texas
ED MARKEY, Massachusetts             DEB FISCHER, Nebraska
CORY BOOKER, New Jersey              RON JOHNSON, Wisconsin
JOHN WALSH, Montana
                     Ellen Doneski, Staff Director
                     John Williams, General Counsel
              David Schwietert, Republican Staff Director
              Nick Rossi, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel





                                                       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.
    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-you-go 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 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''.

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

[Sec. 51312. Board of Visitors

  [(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.
  [(b) Appointment.--
          [(1) In general.--The Board shall be composed of--
                  [(A) 2 Senators appointed by the chairman of 
                the Committee on Commerce, Science, and 
                Transportation of the Senate;
                  [(B) 3 Members of the House of 
                Representatives appointed by the chairman of 
                the Committee on Armed Services of the House of 
                Representatives;
                  [(C) 1 Senator appointed by the Vice 
                President;
                  [(D) 2 Members of the House of 
                Representatives appointed by the Speaker of the 
                House of Representatives; and
                  [(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.
          [(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).
  [(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.
  [(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.]

Sec. 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;
                  (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.
                  (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 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
                  (C) the Committee on Armed Services of the 
                House of Representatives.

                                  
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