[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2894 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 592
116th CONGRESS
  2d Session
                                S. 2894

                          [Report No. 116-299]

          To establish a National Shipper Advisory Committee.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2019

  Mr. Wicker introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                           November 17, 2020

                Reported by Mr. Wicker, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
          To establish a National Shipper Advisory Committee.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Maritime Commission National 
Shipper Advisory Committee Act of 2019''.

SEC. 2. ADVISORY COMMITTEE.

    Part B of subtitle IV of title 46, United States Code, is amended 
by adding at the end the following:

           ``CHAPTER 424--NATIONAL SHIPPER ADVISORY COMMITTEE

``Sec.
``42401. Definitions.National Shipper Advisory Committee.
``42402. National Shipper Advisory Committee.Administration.
``42403. Administration.
``Sec. 42401. Definitions
    ``In this chapter:
            ``(1) Commission.--The term `Commission' means the Federal 
        Maritime Commission.
            ``(2) Committee.--The term `Committee' means the National 
        Shipper Advisory Committee established by section 42402.
``Sec. 42402. National Shipper Advisory Committee
    ``(a) Establishment.--There is established a National Shipper 
Advisory Committee.
    ``(b) Function.--The Committee shall advise the Federal Maritime 
Commission on policies relating to the competitiveness, reliability, 
integrity, and fairness of the international ocean freight delivery 
system.
    ``(c) Membership.--
            ``(1) In general.--The Committee shall consist of 24 
        members appointed by the Commission in accordance with this 
        section.
            ``(2) Expertise.--Each member of the Committee shall have 
        particular expertise, knowledge, and experience in matters 
        relating to the function of the Committee.
            ``(3) Representation.--Members of the Committee shall be 
        appointed as follows:
                    ``(A) Twelve members shall represent entities who 
                import cargo to the United States using ocean common 
                carriers.
                    ``(B) Twelve members shall represent entities who 
                export cargo from the United States using ocean common 
                carriers.
``Sec. 42403. Administration
    ``(a) Meetings.--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) Employee Status.--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) Acceptance of Volunteer Services.--Notwithstanding any other 
provision of law, a member of the Committee may serve Volunteer 
Services Required.-- Notwithstanding any other provision of law, a 
member of the Committee shall serve on such committee on a voluntary 
basis without pay.
    ``(d) Status of Members.--
            ``(1) In general.--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) Exception.--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) Service on Committee.--
            ``(1) Solicitation of nominations.--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) Appointments.--
                    ``(A) In general.--After considering nominations 
                received pursuant to a notice published under paragraph 
                (1), the Commission may appoint a member to the 
                Committee.
                    ``(B) Prohibition.--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) Service at pleasure of the commission.--Each member 
        of the Committee shall serve at the pleasure of the Commission.
            ``(4) Security background examinations.--The Commission may 
        require an individual to have passed an appropriate security 
        background examination before appointment to the Committee.
            ``(5) Prohibition.--A Federal employee may not be appointed 
        as a member of the Committee.
            ``(6) Terms.--
                    ``(A) In general.--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) Continued service after term.--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) Vacancies.--A vacancy on the Committee shall be 
        filled in the same manner as the original appointment.
            ``(8) Special rule for reappointments.--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) Staff Services.--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) Chair; Vice Chair.--
            ``(1) In general.--The Committee shall elect a Chair and 
        Vice Chair from among the committee's members.
            ``(2) Vice chairman acting as chairman.--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) Subcommittees and Working Groups.--
            ``(1) In general.--The Chair of the Committee may establish 
        and disestablish subcommittees and working groups for any 
        purpose consistent with the function of the Committee.
            ``(2) Participants.--Subject to conditions imposed by the 
        Chair, members of the Committee may be assigned to 
        subcommittees and working groups established under paragraph 
        (1).
    ``(i) Consultation, Advice, Reports, and Recommendations.--
            ``(1) Consultation.--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) Advice, reports, and recommendations.--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) Explanation of actions taken.--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) Submission to congress.--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) Observers.--The Commission may designate a representative 
to--
            ``(1) attend any meeting of the Committee; and
            ``(2) participate as an observer at such meeting.
    ``(k) Termination.--The Committee shall terminate on September 30, 
2029.''.

SEC. 3. NO FUNDING AUTHORIZED.

    No additional funds are authorized to carry out this Act or the 
amendment made by this Act.
                                                       Calendar No. 592

116th CONGRESS

  2d Session

                                S. 2894

                          [Report No. 116-299]

_______________________________________________________________________

                                 A BILL

          To establish a National Shipper Advisory Committee.

_______________________________________________________________________

                           November 17, 2020

                        Reported with amendments