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Code · BILL · 113th Congress · H.R. 4005 (Reported in House) — To authorize appropriations for the Coast Guard for fiscal years 2015 and 2016, and for other purposes. · Sec. 319

Sec. 319. Merchant Marine Personnel Advisory Committee

966 words·~4 min read·/bill/113/hr/4005/rh/section-319

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Chapter 81 of title 46, United States Code, is amended by adding at the end the following: The Secretary shall establish a Merchant Marine Personnel Advisory Committee (in this section referred to as the Committee ). The Committee— shall act solely in an advisory capacity to the Secretary through the Commandant of the Coast Guard on matters relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards, and other matters as assigned by the Commandant; shall review and comment on proposed Coast Guard regulations and policies relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards; may be given special assignments by the Secretary and may conduct studies, inquiries, workshops, and fact finding in consultation with individuals and groups in the private sector and with State or local governments; shall advise, consult with, and make recommendations reflecting its independent judgment to the Secretary; shall meet not less than twice each year; and may make available to the Congress recommendations that the Committee makes to the Secretary.
The Committee shall consist of not more than 19 members who are appointed by and serve terms of a duration determined by the Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee. The Secretary shall appoint as members of the Committee— 9 United States citizens with active licenses or certificates issued under chapter 71 or merchant mariner documents issued under chapter 73, including— 3 deck officers who represent the viewpoint of merchant marine deck officers, of whom— 2 shall be licensed for oceans any gross tons; 1 shall be licensed for inland river route with a limited or unlimited tonnage; 2 shall have a master’s license or a master of towing vessels license; 1 shall have significant tanker experience; and to the extent practicable— 1 shall represent the viewpoint of labor; and another shall represent a management perspective; 3 engineering officers who represent the viewpoint of merchant marine engineering officers, of whom— 2 shall be licensed as chief engineer any horsepower; 1 shall be licensed as either a limited chief engineer or a designated duty engineer; and to the extent practicable— 1 shall represent a labor viewpoint; and another shall represent a management perspective; 2 unlicensed seamen, of whom— 1 shall represent the viewpoint of able-bodied seamen; and another shall represent the viewpoint of qualified members of the engine department; and 1 pilot who represents the viewpoint of merchant marine pilots; 6 marine educators, including— 3 marine educators who represent the viewpoint of maritime academies, including— 2 who represent the viewpoint of State maritime academies and are jointly recommended by such State maritime academies; and 1 who represents either the viewpoint of the State maritime academies or the United States Merchant Marine Academy; and 3 marine educators who represent the viewpoint of other maritime training institutions, 1 of whom shall represent the viewpoint of the small vessel industry; 2 individuals who represent the viewpoint of shipping companies employed in ship operation management; and 2 members who are appointed from the general public.
The Committee shall elect one of its members as the Chairman and one of its members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman. The Committee may establish and disestablish subcommittees and working groups for any purpose consistent with this section, subject to conditions imposed by the Committee. Members of the Committee and additional persons drawn from the general public may be assigned to such subcommittees and working groups.
Only Committee members may chair subcommittee or working groups. The Committee shall terminate on September 30, 2020. . The analysis at the beginning of such chapter is amended by adding at the end the following: 8108. Merchant Marine Personnel Advisory Committee. . U.S. merchant marine Not later than 1 year after the date of enactment of this Act, the Merchant Marine Personnel Advisory Committee established under the amendment made by subsection
(a)shall— review— the merchant mariner licensing, certification, and documentation programs and STCW Convention implementation programs of the 3 flag-states; and State maritime academy problems regarding implementation of the STCW Convention; and report to the Commandant of the Coast Guard— a description of each specific provision for which United States merchant mariner license, certification, and document and STCW Convention implementation requirements are more stringent than the requirements of such flag-state programs, and a recommendation of whether such United States provision should be retained, modified, or eliminated; a description of which United States merchant mariner license, certification, and document evaluation requirements must be complied with separately from similar STCW Convention evaluation requirements, any statutory requirement for such separate compliance, and steps that can be taken by the Coast Guard or by the Congress to minimize such redundant requirements; and a description of problems State maritime academies are having in implementing the STCW Convention and recommendations on how to address such problems. Within 6 months from the date the Commandant receives the report under paragraph (1)(B), the Commandant shall forward to the Congress a copy of the report with recommendations for actions to implement the report’s recommendations. In this subsection: The term 3 flag states means the 3 countries that are parties to the Annex to the International Maritime Organization Maritime Safety Committee Circular MSC.1/Circ.1163/Rev.8 dated January 7, 2013, and, of all such countries, have the greatest vessel tonnage documented under the laws of each respective country. The term STCW Convention means the amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 that entered into force on January 1, 2012.
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