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46 U.S.C. § 51312 — Board 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

A Board of Visitors gives independent advice about the Academy. The section sets its membership, terms, substitutes, chair, meetings, visits, support, expenses, and reports.

(a) A Board of Visitors must provide independent advice and recommendations about the Academy. (b)(1) It consists of two Senators appointed by the Senate Commerce Committee chair after consultation with its ranking member; three House members appointed by the House Armed Services chair after consultation with its ranking member; one Appropriations Committee Senator appointed by the Vice President; two House members appointed by the Speaker after consulting the Minority Leader, at least one from House Appropriations; five presidential appointees; and ex officio the Military Sealift Command Commander, Coast Guard Deputy Commandant for Operations, the two named committee chairs, the Academy Advisory Board chair, and the Academy district’s House member as nonvoting unless appointed voting under B or D. (2) Presidential appointees must include at least two graduates, at least one 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 rotates every two years among those companies; at least one maritime-labor representative, and may include one or more Senate-confirmed appointees, Senior Executive Service members, or flag officers from the listed services, other than the specified ex officio members. (3) Except as stated, members serve two years beginning with each Congress; expired members continue until successors, except former congressional members, and the Designated Federal Officer must notify a replaced member within 60 days. (4) On inability or resignation, the officer immediately tells the appointing person, who has 60 days to name a replacement for the rest of the term. (5) A member who is the Military Sealift Command Commander or the Coast Guard Deputy Commandant for Operations, or a presidential appointee who is a senior corporate officer from a qualifying maritime shipping company or a representative of a maritime labor organization, may temporarily designate a substitute if unable to attend or participate in an activity described in subsection (d), (e), or (f). The substitute must be an individual serving in a position to which the President appointed the individual and the Senate confirmed the individual, a member of the Senior Executive Service, or a flag-rank officer employed by the Coast Guard or the Military Sealift Command. The Board must allow full participation; the substitute must report to the designator within 15 days and may help prepare related reports. (c) Every two years the Board selects a House member or Senator as chair, alternating chambers; no consecutive terms. (d) It meets under its charter, including at least one Academy meeting and two more in-person or virtual meetings. The designated officer organizes the chair-selection and charter meeting, coordinates dates, and gives members at least 30 days’ notice. (e) The Board visits annually on a date chosen with the Secretary and Superintendent, and may make other visits. Members have reasonable access to grounds, facilities, midshipmen, faculty, staff, and personnel; each member’s staff may accompany them. Visit notice is at least 30 days after coordination. (f) The Board examines morale, discipline, curriculum, instruction, equipment, finances, academic methods, and other matters it chooses. (g) The Secretary must provide needed support, select the designated officer, and with the Maritime Administrator and Superintendent advise about institutional issues consistently with disclosure laws. (h) The named congressional committee chairs and ranking members may designate committee staff to serve without extra reimbursement, attend meetings, and visit. (i) Members and designated staff away from home or regular business receive authorized travel expenses and per diem under 5 U.S.C. 5703. (j)(1) Within 60 days after each annual visit, the Board must give the President a written report of actions, views, and recommendations. (2) After another visit it may prepare a report and, if a majority approves, send it within 60 days of approval. (3) It may call advisers about its duties or reports. (4) Reports to the President must simultaneously go to Transportation and the named Senate and House committees.

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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