§15109 Administration

Summary

Committees formed under this law must meet at least once each year when the Secretary or a majority asks. One specific committee named elsewhere in the law must meet in person at least twice a year, hold extra meetings if needed, post meeting minutes on a public website within 2 weeks, and give public notice of meetings in the Federal Register and on a public website. Members are not treated as federal employees except for certain worker’s compensation and tort-liability laws (Chapter 81 of title 5 and Chapter 171 of title 28). While serving, members may be paid up to the daily rate in section 5376 of title 5 set by the Secretary, or else be reimbursed for real expenses or travel under section 5703 of title 5. Members may also serve without pay. If a member is appointed to represent a group, they may speak for that group and are generally not subject to special Government employee rules, unless they were appointed to represent the general public or already are a special Government employee. The Secretary must ask for nominations in the Federal Register before appointments, may not use a nominee’s political party when choosing, can require a security check, and usually may remove members at any time. Members of the committee with the special removal rule can only be removed for just cause. Federal employees are generally barred from being members, except the Secretary may appoint a Federal employee to the National Merchant Marine Personnel Advisory Committee without a nominations process. Terms end on December 31 of the third full year after appointment, and a member may serve up to 1 extra year until a replacement is named; the Secretary can reappoint members without new nominations after their first term, but members of the special committee may serve no more than 3 terms. The Secretary must provide needed staff. Each committee elects a Chair and Vice Chair from its members, and the Chair can form subcommittees and working groups; only committee members may chair them. Before big actions related to a committee’s role, the Secretary must consult the committee and consider its advice. Committees must give written advice, reports, and recommendations in the form and timing they choose. Within 60 days of getting recommendations, the Secretary must post them on a free public website, set up public comment for the special committee’s recommendations, reply in writing about what was done, and make replies about that special committee public within 30 days of responding. The Secretary must also send committee advice to the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation (and to the House Committee on Homeland Security for one other named committee). Any federal agency with related matters may send an observer to meetings, and the Coast Guard Commandant must name an observer for the special committee. The Secretary must give technical help if the Chair asks, and the special committee’s Chair must seek input from fishing, marine safety, shipbuilding, and other experts as appropriate. All committees end on September 30, 2029. Nothing in these rules stops the Secretary from taking emergency action to protect safety and save lives at sea.