§51312 — Title 46 Shipping | U.S. Code

Summary

Creates a Board of Visitors to give independent advice and recommendations about the United States Merchant Marine Academy. Board = the Board of Visitors. Academy = the United States Merchant Marine Academy. The Board has specific members: 2 Senators picked by the Senate Commerce Committee chair (with its ranking member), 3 Representatives picked by the House Armed Services chair (with its ranking member), 1 Senator chosen by the Vice President who must sit on Senate Appropriations, 2 Representatives chosen by the Speaker (with the Minority Leader) with at least one on House Appropriations, 5 people picked by the President (including at least 2 Academy graduates, at least 1 senior officer from a U.S. maritime shipping company in the Maritime Security Program or similar MARAD program that rotates every two years, and at least 1 labor representative), and several ex officio members (specific military and committee leaders plus the House member from the Academy’s district as a nonvoting member unless already a voting appointee). Most presidential appointees may include a Senate‑confirmed Presidential appointee, a Senior Executive Service member, or a flag officer from the Coast Guard, NOAA, or a service that commissions Academy graduates. Members (except ex officio ones) serve 2‑year terms starting at the beginning of each Congress and stay on until a successor is named, with notices and replacements handled within 60 days. Some members may name temporary substitutes who must be a Senate‑confirmed appointee, an SES member, or a flag officer in the Coast Guard or Military Sealift Command; substitutes may fully participate and must report back within 15 days. The Board chooses a chair every two years, alternating between a House member and a Senator, and no one may serve two terms in a row as chair. The Board must meet at least three times (including one meeting at the Academy), give 30 days’ notice for meetings and visits, and visit the Academy once a year with access to facilities, staff, students, and faculty. The Board must review morale, discipline, curriculum, instruction, equipment, finances, academic methods, and other matters it chooses. The Secretary of Transportation must provide support, pick a Designated Federal Officer to help the Board, and, with the Maritime Administrator and the Superintendent, inform the Board about institutional issues as allowed by law. Committee leaders may assign staff to work with the Board without extra pay, and travel pay follows federal rules. Within 60 days after the annual visit the Board must send a written report of its findings and recommendations to the President and also send the report to the Secretary of Transportation and the two congressional committees named.

Title 46, §51312

Shipping — Source: USLM XML via OLRC

(a)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)(1)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;

(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)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)(A)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)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)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)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)(A)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)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)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 11 So in original. Probably should be “subsection”. (j) related to any proceedings or activities of the Board in which such substitute member participates.

(c)(1)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)A Member of the House of Representatives and a Member of the Senate shall alternately be selected as the Chairperson of the Board.

(3)An individual may not serve as Chairperson for consecutive terms.

(d)(1)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)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)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)(1)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)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)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)One or more staff of each member of the Board may accompany them on Academy visits.

(5)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)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)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)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)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)(1)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)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)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5131246 App.:1295b(h).June 29, 1936, ch. 858, title XIII, § 1303(h), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 2002; Pub. L. 97–35, title XVI, § 1607, Aug. 13, 1981, 95 Stat. 752; Pub. L. 101–595, title VII, § 703, Nov. 16, 1990, 104 Stat. 2994. The words “Committee on Armed Services” are substituted for “Committee on Merchant Marine and Fisheries” to reflect changes in committee structure made by the 104th Congress.

Editorial Notes

Amendments

2022—Subsec. (b)(2)(C). Pub. L. 117–263, § 3512(1)(A)(iii), (iv), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (b)(2)(D). Pub. L. 117–263, § 3512(1)(A)(i), (ii), redesignated subpar. (C) as (D) and substituted “flag-rank” for “flag-rank who”. Subsec. (b)(3)(C). Pub. L. 117–263, § 3512(1)(B), added subpar. (C). Subsec. (d)(1). Pub. L. 117–263, § 3512(2)(A), inserted “and 2 additional meetings, which may be held in person or virtually” after “Academy”. Subsec. (d)(3). Pub. L. 117–263, § 3512(2)(B), added par. (3). Subsec. (e)(4), (5). Pub. L. 117–263, § 3512(3), added pars. (4) and (5). Subsec. (h). Pub. L. 117–263, § 3512(4), inserted “and ranking member” after “chairman” in two places and inserted at end “Such staff may attend meetings and may visit the Academy.” 2014—Pub. L. 113–291 amended section generally. Prior to amendment, section related to the Board of Visitors and consisted of subsecs. (a) to (d) relating to establishment of the Board, appointment of board members, designation of staff members to the board, and travel expenses, respectively.

Statutory Notes and Related Subsidiaries

Deadlines; Continuation of Service Pub. L. 113–291, div. C, title XXXV, § 3504(b), (c), Dec. 19, 2014, 128 Stat. 3909, provided that: “(b) Deadlines.—“(1) Selection of designated federal officer.—The Secretary of Transportation shall select a Designated Federal Officer under subsection (g)(2) of section 51312 of title 46, United States Code, as amended by this Act, by not later than 30 days after the date of the enactment of this Act [Dec. 19, 2014]. “(2) Appointment of members.—Appointments under subsection (b)(1) of such section shall be completed by not later than 60 days after the date of the enactment of this Act. “(3) Organization of first meeting.—Such Designated Federal Officer shall organize a meeting of the Board under section (d)(2) of such section by not later than 60 days after the date of the enactment of this Act. “(c) Continuation of Service of Current Members.—Each member of the Board of Visitors serving as a member of the Board on the date of the enactment of this Act shall continue to serve on the Board for the remainder of such member’s term.”

§51312 Board of Visitors