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46 U.S.C. § 51312Board of Visitors

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 1,698 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress created a Board of Visitors to advise on the Merchant Marine Academy, made up of lawmakers, presidential appointees, and ex-officio military and committee officials. The Board meets and visits the Academy regularly, reports to the President each year, and gets Transportation Department staff support.

(a) In General. There is a Board of Visitors to the U.S. Merchant Marine Academy, giving independent advice and recommendations on Academy matters. (b) Membership. The Board includes: 2 Senators picked by the Senate Commerce Committee chairman (after checking with the ranking member); 3 House members picked by the House Armed Services chairman (after checking with the ranking member); 1 Senator picked by the Vice President, who must sit on the Senate Appropriations Committee; 2 House members picked by the Speaker (after checking with the Minority Leader), at least 1 of whom must sit on House Appropriations; 5 people picked by the President; and, as non-voting or ex-officio members, the Military Sealift Command's Commander, the Coast Guard's Deputy Commandant for Operations, the chairs of the Senate Commerce and House Armed Services Committees, the chair of the Academy's Advisory Board, and the House member for the Academy's district (unless already a voting member). Of the President's 5 picks: at least 2 must be Academy graduates, at least 1 must be a senior officer from a U.S. shipping company in the Maritime Security Program (rotating between companies every two years), at least 1 must represent a maritime labor group, and one or more may be a Senate-confirmed appointee, senior executive, or flag officer from the Coast Guard, NOAA, or a service that commissions Academy graduates. Members (other than the ex-officio ones) serve 2-year terms starting each new Congress, but keep serving past their term until a replacement is named — unless they were a lawmaker who left Congress. Replaced members must be notified within 60 days. If a member can no longer serve or resigns, the person who appointed them must be told right away, and must name a replacement within 60 days. Certain members can name a substitute to attend on their behalf if they can't make it themselves, as long as that substitute meets specific rank or position requirements; the substitute can fully participate but must report back to the member they're standing in for within 15 days. (c) Chairperson. Every two years the Board picks a Chairperson from among its House and Senate members, alternating between the two chambers, and no one can serve two terms in a row as chair. (d) Meetings. The Board meets as set out in its official charter, including at least one meeting at the Academy and two more (which can be virtual). A Designated Federal Officer organizes the first meeting to pick a chairperson and adopt the charter, coordinates scheduling as much as possible with members, and must give at least 30 days' notice of each meeting. (e) Visiting the Academy. The Board must visit the Academy once a year, on a date chosen with the Secretary of Transportation and the Superintendent, and may make other visits too. During visits, members get reasonable access to the grounds, facilities, midshipmen, faculty, and staff, and each member may bring staff along. Visits also need at least 30 days' notice, coordinated as much as possible with members. (f) Responsibility. The Board looks into morale, discipline, curriculum, teaching, equipment, finances, academic methods, and any other Academy matters it chooses to examine. (g) Department of Transportation Support. The Secretary of Transportation must give the Board the support it needs, pick a Designated Federal Officer to help it function, and — working with the Maritime Administrator and Superintendent — keep the Board informed of institutional issues, within the limits of disclosure law. (h) Staff. The top Senate Commerce and House Armed Services Committee leaders (majority and minority) may assign committee staff to help the Board, without extra pay (except travel costs), and that staff can attend meetings and visit the Academy. (i) Travel Expenses. Board members and assigned staff get travel expenses, including per diem, under section 5703 of title 5, when working away from home. (j) Reports. Within 60 days of the annual Academy visit, the Board must send the President a written report of its actions, views, and recommendations. If the Board makes other visits, it may write a report on those too, and — if a majority of members approve — send it to the President within 60 days of that approval. The Board may call in outside advisers to help with its responsibilities or its reports. Any report sent to the President must also go, at the same time, to the Secretary of Transportation, the Senate Commerce Committee, and the House Armed Services Committee.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

There shall be a Board of Visitors to the United States Merchant Marine Academy (referred to in this section as the “Board” and the “Academy”, respectively) to provide independent advice and recommendations on matters relating to the United States Merchant Marine Academy.

(b)Membership.—
(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 in consultation with the ranking member of such Committee;

(B)

3 Members of the House of Representatives appointed by the Chairman of the Committee on Armed Services of the House of Representatives in consultation with the ranking member of such Committee;

(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)

5 individuals appointed by the President; and

(F)

as ex officio members—

(i)

the Commander of the Military Sealift Command;

(ii)

the Deputy Commandant for Operations of the Coast Guard;

(iii)

the chairman of the Committee on Commerce, Science, and Transportation of the Senate;

(iv)

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

(v)

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

(vi)

the Member of the House of Representatives for the congressional district in which the Academy is located, as a nonvoting 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)(E)—

(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;

(C)

at least 1 shall be a representative of a maritime labor organization; and

(D)

1 or more may be a Senate-confirmed Presidential appointee, a member of the Senior Executive Service, or an officer of flag-rank from the Coast Guard, the National Oceanic and Atmospheric Administration, or any of the military services that commission graduates of the Academy, other than the individuals who are members of the Board under clauses (i) and (ii) of paragraph (1)(F).

(3)Term of service.—
(A)In general.—

Except as provided in subparagraph (B), each member of the Board, other than an ex officio member under paragraph (1)(F), shall serve for a term of 2 years commencing at the beginning of each Congress.

(B)Continuation of service.—

Any member described in subparagraph (A) whose term on the Board has expired, other than a member appointed under any of subparagraphs (A) through (D) of paragraph (1) who is no longer a Member of Congress, shall continue to serve until a successor is appointed.

(C)Replacement.—

If a member of the Board is replaced, not later than 60 days after the date of the replacement, the Designated Federal Officer selected under subsection (g)(2) shall notify that member.

(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 person who appointed such member. Not later than 60 days after that notification, such person shall designate a replacement to serve the remainder of such member’s term.

(5)Designation and responsibility of substitute board members.—
(A)Authority to designate.—

A member of the Board under clause (i) or (ii) of paragraph (1)(F) or appointed under 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 serving in a position for which the individual was 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 Coast Guard; or

(II)

the Military Sealift Command.

(C)Participation.—

A substitute member of the Board designated under subparagraph (A)—

(i)

shall be permitted by the Board to fully participate in the proceedings and activities of the Board;

(ii)

shall report to the member that designated the substitute 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 by the Board to participate in the preparation of reports described in paragraph 1 (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 and subject to paragraph (2), 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 be selected as the Chairperson of the Board.

(3)Term.—

An individual may not serve as Chairperson for consecutive terms.

(d)Meetings.—
(1)In general.—

The Board shall meet as provided for in the Charter adopted under paragraph (2)(B), including at least 1 meeting held at the Academy and 2 additional meetings, which may be held in person or virtually.

(2)Chairperson and charter.—

The Designated Federal Officer selected under subsection (g)(2) shall organize a meeting of the Board for the purposes of—

(A)

selecting a Chairperson under subsection (c); and

(B)

adopting an official Charter for the Board, which shall establish the schedule of meetings of the Board.

(3)Scheduling; notification.—

When scheduling a meeting of the Board, the Designated Federal Officer shall coordinate, to the greatest extent practicable, with the members of the Board to determine the date and time of the meeting. Members of the Board shall be notified of the date of each meeting not less than 30 days prior to the meeting date.

(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.

(4)Staff.—

One or more staff of each member of the Board may accompany them on Academy visits.

(5)Scheduling; notification.—

When scheduling a visit to the Academy, the Designated Federal Officer shall coordinate, to the greatest extent practicable, with the members of the Board to determine the date and time of the visit. Members of the Board shall be notified of the date of each visit not less than 30 days prior to the visit date.

(f)Responsibility.—

The Board shall inquire into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Academy, 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)

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.—

Each of the chairman and ranking member of the Committee on Commerce, Science, and Transportation of the Senate and the chairman and ranking member of the Committee on Armed Services of the House of Representatives may designate staff members of such Committee to serve, without additional reimbursement (except as provided in subsection (i)), as staff for the Board. Such staff may attend meetings and may visit the Academy.

(i)Travel Expenses.—

While serving away from his or her 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.

Source credit: (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1575; Pub. L. 113–291, div. C, title XXXV, § 3504(a), Dec. 19, 2014, 128 Stat. 3905; Pub. L. 117–263, div. C, title XXXV, § 3512, Dec. 23, 2022, 136 Stat. 3065.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1575
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3905
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 3065

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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