§1717. Agency reports and Advisory Commission
(a) Collection of data
For a period of 5 years following March 20, 1984, the Commission shall collect and analyze information concerning the impact of this chapter upon the international ocean shipping industry, including data on:
(1) increases or decreases in the level of tariffs;
(2) changes in the frequency or type of common carrier services available to specific ports or geographic regions;
(3) the number and strength of independent carriers in various trades; and
(4) the length of time, frequency, and cost of major types of regulatory proceedings before the Commission.
(b) Consultation with other departments and agencies
The Commission shall consult with the Department of Transportation, the Department of Justice, and the Federal Trade Commission annually concerning data collection. The Department of Transportation, the Department of Justice, and the Federal Trade Commission shall at all times have access to the data collected under this section to enable them to provide comments concerning data collection.
(c) Agency reports
(1) Within 6 months after expiration of the 5-year period specified in subsection (a) of this section, the Commission shall report the information, with an analysis of the impact of this chapter, to Congress, to the Advisory Commission on Conferences in Ocean Shipping established in subsection (d) of this section, and to the Department of Transportation, the Department of Justice, and the Federal Trade Commission.
(2) Within 60 days after the Commission submits its report, the Department of Transportation, the Department of Justice, and the Federal Trade Commission shall furnish an analysis of the impact of this chapter to Congress and to the Advisory Commission on Conferences in Ocean Shipping.
(3) The reports required by this subsection shall specifically address the following topics:
(A) the advisability of adopting a system of tariffs based on volume and mass of shipment;
(B) the need for antitrust immunity for ports and marine terminals; and
(C) the continuing need for the statutory requirement that tariffs be filed with and enforced by the Commission.
(d) Establishment and composition of Advisory Commission
(1) Effective 5½ years after March 20, 1984, there is established the Advisory Commission on Conferences in Ocean Shipping (hereinafter referred to as the "Advisory Commission").
(2) The Advisory Commission shall be composed of 17 members as follows:
(A) a cabinet level official appointed by the President;
(B) 4 members from the United States Senate appointed by the President pro tempore of the Senate, 2 from the membership of the Committee on Commerce, Science, and Transportation and 2 from the membership of the Committee on the Judiciary;
(C) 4 members from the United States House of Representatives appointed by the Speaker of the House, 2 from the membership of the Committee on Merchant Marine and Fisheries, and 2 from the membership of the Committee on the Judiciary; and
(D) 8 members from the private sector appointed by the President.
(3) The President shall designate the chairman of the Advisory Commission.
(4) The term of office for members shall be for the term of the Advisory Commission.
(5) A vacancy in the Advisory Commission shall not affect its powers, and shall be filled in the same manner in which the original appointment was made.
(6) Nine members of the Advisory Commission shall constitute a quorum, but the Advisory Commission may permit as few as 2 members to hold hearings.
(e) Compensation of members of Advisory Commission
(1) Officials of the United States Government and Members of Congress who are members of the Advisory Commission shall serve without compensation in addition to that received for their services as officials and Members, but they shall be reimbursed for reasonable travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Advisory Commission.
(2) Members of the Advisory Commission appointed from the private sector shall each receive compensation not exceeding the maximum per diem rate of pay for grade 18 of the General Schedule under section 5332 of title 5, when engaged in the performance of the duties vested in the Advisory Commission, plus reimbursement for reasonable travel, subsistence, and other necessary expenses incurred by them in the performance of those duties, notwithstanding the limitations in sections 5701 through 5733 of title 5.
(3) Members of the Advisory Commission appointed from the private sector are not subject to section 208 of title 18. Before commencing service, these members shall file with the Advisory Commission a statement disclosing their financial interests and business and former relationships involving or relating to ocean transportation. These statements shall be available for public inspection at the Advisory Commission's offices.
(f) Advisory Commission functions
The Advisory Commission shall conduct a comprehensive study of, and make recommendations concerning, conferences in ocean shipping. The study shall specifically address whether the Nation would be best served by prohibiting conferences, or by closed or open conferences.
(g) Powers of Advisory Commission
(1) The Advisory Commission may, for the purpose of carrying out its functions, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence, memorandums, papers, and documents as the Advisory Commission may deem advisable. Subpenas may be issued to any person within the jurisdiction of the United States courts, under the signature of the chairman, or any duly designated member, and may be served by any person designated by the chairman, or that member. In case of contumacy by, or refusal to obey a subpena to, any person, the Advisory Commission may advise the Attorney General who shall invoke the aid of any court of the United States within the jurisdiction of which the Advisory Commission's proceedings are carried on, or where that person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and the court may issue an order requiring that person to appear before the Advisory Commission, there to produce records, if so ordered, or to give testimony. A failure to obey such an order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in the judicial district whereof the person is an inhabitant or may be found.
(2) Each department, agency, and instrumentality of the executive branch of the Government, including independent agencies, shall furnish to the Advisory Commission, upon request made by the chairman, such information as the Advisory Commission deems necessary to carry out its functions.
(3) Upon request of the chairman, the Department of Justice, the Department of Transportation, the Federal Maritime Commission, and the Federal Trade Commission shall detail staff personnel as necessary to assist the Advisory Commission.
(4) The chairman may rent office space for the Advisory Commission, may utilize the services and facilities of other Federal agencies with or without reimbursement, may accept voluntary services notwithstanding section 1342 of title 31, may accept, hold, and administer gifts from other Federal agencies, and may enter into contracts with any public or private person or entity for reports, research, or surveys in furtherance of the work of the Advisory Commission.
(h) Final report
The Advisory Commission shall, within 1 year after all of its members have been duly appointed, submit to the President and to the Congress a final report containing a statement of the findings and conclusions of the Advisory Commission resulting from the study undertaken under subsection (f) of this section, including recommendations for such administrative, judicial, and legislative action as it deems advisable. Each recommendation made by the Advisory Commission to the President and to the Congress must have the majority vote of the Advisory Commission present and voting.
(i) Expiration of Commission
The Advisory Commission shall cease to exist 30 days after the submission of its final report.
(j) Authorization of appropriation
There is authorized to be appropriated $500,000 to carry out the activities of the Advisory Commission.
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Amendments
1990-Subsec. (h).
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of references to Committee on Merchant Marine and Fisheries, see section 1(b)(3) of
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Ex. Ord. No. 12763. Facilitating Operation of Advisory Commission on Conferences in Ocean Shipping
Ex. Ord. No. 12763, June 4, 1991, 56 F.R. 25994, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and in order to facilitate the operation of the Advisory Commission on Conferences in Ocean Shipping ("Commission"), established by section 18 of the Shipping Act of 1984 (46 U.S.C. App. 1717(d)), it is hereby ordered that the Secretary of Transportation shall perform all of the President's functions under the Federal Advisory Committee Act, as amended (5 U.S.C. App.), that relate to the Commission, except that of receiving the Commission's report.
George Bush.