Sec. 428. National Commercial Fishing Safety Advisory Committee
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Section 15102 of title 46, United States Code, is amended— in subsection (b)— in the matter preceding paragraph (1), by striking shall ; in paragraph (1)— by striking advise and inserting shall advise and provide recommendations in writing to ; and in subparagraph (E), by striking and after the semicolon; in paragraph (2)— by inserting shall before review ; and by striking the period at the end and inserting a semicolon; and by adding at the end the following: shall review marine casualties and investigations of vessels covered by chapter 45 of this title and make recommendations to the Secretary to improve safety and reduce future vessel casualties; shall submit recommendations on matters described in paragraphs (1), (2), and
(3)to the Secretary and the Commandant of the Coast Guard in writing, and make those recommendations available on a publicly accessible website; may submit any recommendations on matters described in paragraphs (1), (2), and
(3)at any time and frequency as decided appropriate by the Committee; may make available to Congress any information, advice, and recommendations that the Committee is authorized to give to the Secretary; and shall meet at the call of the Secretary, who shall call such a meeting at least twice per year in person, and additional meetings as appropriate. ; in subsection (c), by adding at the end the following: Each member of the Committee— shall serve a term of 3 years; and may serve not more than 3 terms. When the term of a member of the Committee ends, the member may continue to serve as a member until a successor is appointed, but not for longer than 1 year after the end of the term. If a vacancy occurs in the membership of the Committee, the Secretary shall appoint a member to fill the remainder of the vacated term. The Secretary shall appoint Committee members not later than 60 days after the date of the application deadline. The Commandant of the Coast Guard shall, and the head of any other interested agency may, designate a representative to participate as an observer with the Committee. Such representatives shall, as appropriate, report to and advise the Committee on matters relating to vessels to which this chapter applies which are under the jurisdiction of their respective agencies. The Secretary’s designated representative shall act as executive secretary for the Committee and perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 App. U.S.C.). The Committee shall seek expertise from the fishing industry, marine safety experts, the shipbuilding industry, and others as the Committee determines appropriate. The Committee may establish standing or ad hoc committees as needed. At least once each year, the Secretary shall publish a notice in the Federal Register and in newspapers of general circulation in coastal areas soliciting nominations for membership on the Committee, and, after timely notice is published, appoint the members of the Committee. An individual may be appointed to a term as a member of the Committee more than once. The Secretary may not seek or use information concerning the political affiliation of individuals in making appointments to the Committee. The Secretary shall provide technical assistance to the Committee if requested by a Committee member. ; and by adding at the end the following: The Committee shall— meet in person not less often than twice per year; and hold additional meetings as needed. The Secretary shall provide reasonable public notice of any meeting of the Committee, and publish such notice in the Federal Register and on a publicly available website. A quorum of 10 of the 18 members is required to send any written recommendations from the meeting to the Secretary. The Secretary shall— consult with the Committee before taking any significant action relating to the safe operation of vessels to which this chapter applies; consider the information, advice, and recommendations of the Committee in consulting with other agencies and the public or in formulating policy regarding the safe operation of vessels to which this chapter applies; make all recommendations made by the Committee under subsection
(b)public within 30 days of receiving the recommendation from the Committee; respond in writing to any recommendations made by the Committee under subsection
(b)and provide reasoning for acceptance or rejection to all recommendations not later than 30 days after the date of receipt of the recommendation; and make all responses in paragraph
(4)available to the public not later than 30 days after the date of response. Nothing in subsection
(b)shall preclude the Secretary from taking emergency action within the existing authorities of the Secretary to ensure safety and preservation of life at sea. Meeting minutes of the Committee shall be posted on a publicly available website not later than 2 weeks after a meeting concludes. Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. .