Title 46ShippingRelease 119-73

§42503 Administration

Title 46 › Subtitle Subtitle IV— - Regulation of Ocean Shipping › Part Part B— - Actions To Address Foreign Practices › Chapter CHAPTER 425— - NATIONAL SHIPPER ADVISORY COMMITTEE › § 42503

Last updated Apr 6, 2026|Official source

Summary

The Commission must keep a committee that meets at least once a year when the Commission or a majority of the members calls a meeting. Committee members are not treated as federal employees except for Chapter 81 of title 5, Chapter 171 of title 28, and other federal tort-liability laws. Members work without pay and cannot be paid for committee service. If the Commission names someone to represent a group, that person can speak for that group and many of the special Government employee rules (as defined in section 202(a) of title 18) do not apply, unless the person already is a special Government employee. Before appointing members, the Commission must publish a notice in the Federal Register asking for nominations, must not use a nominee’s political affiliation, may require security checks, and may not appoint federal employees. A member’s term ends on December 31 of the third full year after the appointment’s effective date, but the member may stay up to 1 year until a successor is chosen. Vacancies are filled the same way, and members serve at the Commission’s pleasure. The Commission can reappoint a member after the first term without a new nomination process. The Commission must provide needed staff and services. The committee picks a Chair and Vice Chair, and the Vice Chair fills in if the Chair is absent. The Chair can create subcommittees and assign members. The Commission must consult the committee before taking major actions when the committee’s advice applies. The committee gives written advice and reports when it chooses. Within 60 days after the Commission gets recommendations, the Commission must post them on a public website and reply in writing about what it did. The Commission must also send the committee’s advice to the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation. The Commission may send a representative to observe committee meetings. The committee ends on September 30, 2029.

Full Legal Text

Title 46, §42503

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(a)The Committee shall, not less than once each year, meet at the call of the Commission or a majority of the members of the Committee.
(b)A member of the Committee shall not be considered an employee of the Federal Government by reason of service on such Committee, except for the purposes of the following:
(1)Chapter 81 of title 5.
(2)Chapter 171 of title 28 and any other Federal law relating to tort liability.
(c)(1)Notwithstanding any other provision of law, a member of the Committee may serve on such committee on a voluntary basis without pay.
(2)No member of the Committee shall receive compensation for service on the Committee.
(d)(1)Except as provided in paragraph (2), with respect to a member of the Committee whom the Commission appoints to represent an entity or group—
(A)the member is authorized to represent the interests of the applicable entity or group; and
(B)requirements under Federal law that would interfere with such representation and that apply to a special Government employee (as defined in section 202(a) of title 18), including requirements relating to employee conduct, political activities, ethics, conflicts of interest, and corruption, do not apply to the member.
(2)Notwithstanding subsection (b), a member of the Committee shall be treated as a special Government employee for purposes of the committee service of the member if the member, without regard to service on the Committee, is a special Government employee.
(e)(1)Before appointing an individual as a member of the Committee, the Commission shall publish a timely notice in the Federal Register soliciting nominations for membership on such Committee.
(2)(A)After considering nominations received pursuant to a notice published under paragraph (1), the Commission may appoint a member to the Committee.
(B)The Commission shall not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee.
(3)Each member of the Committee shall serve at the pleasure of the Commission.
(4)The Commission may require an individual to have passed an appropriate security background examination before appointment to the Committee.
(5)A Federal employee may not be appointed as a member of the Committee.
(6)(A)The term of each member of the Committee shall expire on December 31 of the third full year after the effective date of the appointment.
(B)When the term of a member of the Committee ends, the member, for a period not to exceed 1 year, may continue to serve as a member until a successor is appointed.
(7)A vacancy on the Committee shall be filled in the same manner as the original appointment.
(8)Notwithstanding paragraphs (1) and (2), the Commission may reappoint a member of a committee for any term, other than the first term of the member, without soliciting, receiving, or considering nominations for such appointment.
(f)The Commission shall furnish to the Committee any staff and services considered by the Commission to be necessary for the conduct of the Committee’s functions.
(g)(1)The Committee shall elect a Chair and Vice Chair from among the committee’s members.
(2)The Vice Chair shall act as Chair in the absence or incapacity of, or in the event of a vacancy in the office of, the Chair.
(h)(1)The Chair of the Committee may establish and disestablish subcommittees and working groups for any purpose consistent with the function of the Committee.
(2)Subject to conditions imposed by the Chair, members of the Committee may be assigned to subcommittees and working groups established under paragraph (1).
(i)(1)Before taking any significant action, the Commission shall consult with, and consider the information, advice, and recommendations of, the Committee if the function of the Committee is to advise the Commission on matters related to the significant action.
(2)The Committee shall submit, in writing, to the Commission its advice, reports, and recommendations, in a form and at a frequency determined appropriate by the Committee.
(3)Not later than 60 days after the date on which the Commission receives recommendations from the Committee under paragraph (2), the Commission shall—
(A)publish the recommendations on a public website; and
(B)respond, in writing, to the Committee regarding the recommendations, including by providing an explanation of actions taken regarding the recommendations.
(4)The Commission shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the advice, reports, and recommendations received from the Committee under paragraph (2).
(j)The Commission may designate a representative to—
(1)attend any meeting of the Committee; and
(2)participate as an observer at such meeting.
(k)The Committee shall terminate on September 30, 2029.

Reference

Citations & Metadata

Citation

46 U.S.C. § 42503

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73