[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.