Sec. 301. Coast Guard advisory committees
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Subtitle I of title 46, United States Code, is amended by adding at the end the following: Sec. 701. Administration. 702. Chemical Transportation Advisory Committee. 703. Commercial Fishing Safety Advisory Committee. 704. Great Lakes Pilotage Advisory Committee. 705. Lower Mississippi River Waterway Safety Advisory Committee. 706. Merchant Marine Personnel Advisory Committee. 707. Merchant Mariner Medical Advisory Committee. 708. National Boating Safety Advisory Council. 709.
National Maritime Security Advisory Committee. 710. National Offshore Safety Advisory Committee. 711. Navigation Safety Advisory Council. 712. Towing Safety Advisory Committee. A member of an advisory committee or advisory council established under this chapter shall not be considered an employee of the Federal Government by reason of service on such committee or council, except for the purposes of the following provisions of law: Section 5703 of title 5 (relating to travel expenses).
Chapter 81 of title 5 (relating to compensation for work injuries). Chapter 171 of title 28 and any other Federal statute relating to tort liability. If the member is a special Government employee— chapter 73 of title 5; sections 201, 202, 203, 205, 207, 208, and 209 of title 18; the Ethics in Government Act of 1978 (5 U.S.C. App.); and any other provision of law relating to employee conduct, political activities, ethics, conflict of interest, and corruption that applies to a special Government employee.
A member of an advisory committee or advisory council established under this chapter who is not otherwise a Federal employee shall not receive pay by reason of service on such committee or council. A member of an advisory committee or advisory council established under this chapter may serve on a voluntary basis without pay without regard to section 1342 of title 31 or any other law. There is established a Chemical Transportation Advisory Committee (referred to in this section as the Committee ).
The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to the safe and secure marine transportation of hazardous materials. The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). The Committee shall consist of not more than 25 members. Each member of the Committee shall represent the point of view of 1 of the following entities or groups associated with marine transportation of hazardous materials:
Chemical manufacturing. Marine handling or transportation of chemicals. Vessel design and construction. Marine safety or security. Marine environmental protection. The Commandant (or the Commandant's designee) shall, based on the needs of the Coast Guard, determine the number of members who represent a specific point of view. Neither this subsection nor any other provision of law or policy shall be construed to require an equal distribution of members representing specific points of view among the membership of the Committee.
For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 of title 18, each member of the Committee is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18). As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee.
The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. The Secretary may reappoint a member to the Committee more than once. Each member of the Committee shall serve at the pleasure of the Secretary. 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. Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment.
In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman.
The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. The Committee shall terminate on September 30, 2027. There is established a Commercial Fishing Safety Advisory Committee (referred to in this section as the Committee ).
The Committee, acting through the Commandant (or the Commandant’s designee), is authorized— to advise, consult with, report to, and make recommendations to the Secretary on matters relating to the safe operation of vessels to which chapter 45 of this title applies, including navigation safety, safety equipment and procedures, marine insurance, vessel design, construction, maintenance and operation, and personnel qualifications and training; and to review proposed regulations promulgated pursuant to chapter 45 of this title.
The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). The Committee shall consist of 18 members. Each member of the Committee shall have particular expertise, knowledge, and experience regarding the commercial fishing industry. Except as provided in subparagraph (D), a member of the Committee shall represent the point of view of an entity or group, as follows: 10 members representing the commercial fishing industry who— reflect a regional and representational balance; and have experience in the operation of vessels to which chapter 45 of this title applies or as a crew member or processing line worker on a fish processing vessel. 1 member representing naval architects or marine engineers. 1 member representing manufacturers of equipment for vessels to which chapter 45 of this title applies. 1 member representing education or training professionals related to fishing vessel, fish processing vessel, or fish tender vessel safety or personnel qualifications. 1 member representing underwriters that insure vessels to which chapter 45 of this title applies. 1 member representing owners of vessels to which chapter 45 of this title applies.
Subject to clause (ii), 3 members of the Committee shall represent the general public. Whenever possible, a member who represents the general public shall be either— an independent expert or consultant in maritime safety; a marine surveyor who provides services to vessels to which chapter 45 of this title applies; or a person familiar with issues affecting fishing communities and families of fishermen. For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 of title 18— a member of the Committee, whom the Secretary appoints to represent a point of view of an entity or group under paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and a member of the Committee, whom the Secretary may appoint to represent the general public, is hereby deemed a special Government employee (as defined in section 202(a) of title 18).
As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. The Secretary may reappoint a member to the Committee more than once. Each member of the Committee shall serve at the pleasure of the Secretary.
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. Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term.
The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman.
The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). The Commandant (or the Commandant’s designee) shall, whenever practicable— consult with the Committee before taking any significant action relating to the safe operation of vessels to which chapter 45 of this title applies; and 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 chapter 45 of this title applies.
The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. The Committee shall terminate on September 30, 2027. There is established a Great Lakes Pilotage Advisory Committee (referred to in this section as the Committee ). Subject to paragraph (2), the Committee, acting through the Commandant (or the Commandant’s designee), is authorized— to advise, consult with, report to, and make recommendations to the Secretary on matters relating to Great Lakes pilotage; and to review proposed Great Lakes pilotage regulations and policies and make recommendations to the Secretary that the Committee considers appropriate.
At least 6 of the 7 members shall agree by vote to make any recommendation under this subsection. The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). The Committee shall consist of 7 members. Except as provided in subparagraph (D), each member of the Committee shall have at least 5 years practical experience in maritime operations. Except as provided in subparagraph (D), a member of the Committee shall represent the point of view of an entity or group, as follows: 3 members representing the interests of Great Lake pilots, among whom shall be the president of each Great Lake pilotage district (or the president’s designee). 1 member representing the interests of vessel operators that contract for Great Lakes pilotage services. 1 member representing the interests of Great Lakes ports. 1 member representing the interests of shippers whose cargoes are transported through Great Lakes ports. 1 member of the Committee— shall have a background in finance or accounting; must have been recommended to the Secretary by a unanimous vote of the other members of the Committee; and may be appointed without regard to requirement under subparagraph
(B)that each member have 5 years of practical experience in maritime operations. For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 of title 18— a member of the Committee, whom the Secretary appoints to represent the point of view of an entity or group under paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and the member of the Committee with the background prescribed under paragraph (2)(D) is hereby deemed a special Government employee (as defined in section 202(a) of title 18). As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. The Secretary may reappoint a member to the Committee more than once. Each member of the Committee shall serve at the pleasure of the Secretary. 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. Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). The Secretary, at the request of the Commandant, may designate 2 individuals to participate as observers in the work of the Committee and offer necessary information for which each observer is uniquely qualified to provide. Each observer— shall not be deemed a member of the Committee; shall not vote on any matter before the Committee; shall not contribute to a quorum; shall serve without compensation; and shall be responsible for all travel expenses. The Secretary may designate an individual as an observer without regard to the requirement of paragraph (2)(B), except that— 1 observer shall have particular knowledge of the national interests of American pilots; and 1 observer shall have particular knowledge of the interests of Canadian shippers. The Secretary may designate an individual as an observer without regard to the requirement of paragraph (4)(A), except that the Secretary may solicit, from the Commandant, recommendations with regard to the individual whom the Secretary shall designate as an observer. With regard to the individual with particular knowledge of the interests of Canadian shippers, the Secretary may, with the concurrence of the Secretary of State, designate an individual who is a citizen of Canada. An observer shall serve a term of not more than 3 years from the effective date of the designation, except that, in the case of a designation to fill a vacancy on the Committee, the observer shall be designated for a full term. The Commandant (or the Commandant’s designee) shall, whenever practicable— consult with the Committee before taking any significant action relating to Great Lakes pilotage; and consider the information, advice, and recommendations of the Committee in formulating policy regarding matters affecting Great Lakes pilotage. The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. The Committee shall terminate on September 30, 2027. There is established a Lower Mississippi River Waterway Safety Advisory Committee (referred to in this section as the Committee ). The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to communication, surveillance, traffic management, anchorages, development and operation of New Orleans Vessel Traffic Services, and other related topics dealing with and actions relating to navigational safety on the Lower Mississippi River. The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). The Committee shall consist of 24 members. Each member of the Committee shall have expertise, knowledge, and experience regarding the transportation, equipment, and techniques that are used to ship cargo and to navigate vessels on the Lower Mississippi River and its connecting navigable waterways, including the Gulf of Mexico. Except as provided in subparagraph (D), each member of the Committee shall represent the point of view of an entity or group, as follows: 5 members representing River Port Authorities between Baton Rouge, Louisiana, and the head of passes of the Lower Mississippi River, of which— 1 member shall be from the Port of St. Bernard; and 1 member from the Port of Plaquemines. 2 members representing vessel owners or ship owners domiciled in the State of Louisiana. 2 members representing organizations which operate harbor tugs or barge fleets in the geographical area covered by the Committee. 2 members representing companies which transport cargo or passengers on the navigable waterways in the geographical area covered by the Committee. 3 members representing State Commissioned Pilot organizations, with 1 member each representing— the New Orleans-Baton Rouge Steamship Pilots Association; the Crescent River Port Pilots Association; and the Association Branch Pilots. 3 members representing consumers, shippers, or importers and exporters that utilize vessels which utilize the navigable waterways covered by the Committee. 2 members representing those licensed merchant mariners, other than pilots, who perform shipboard duties on those vessels which utilize navigable waterways covered by the Committee. 1 member representing an organization that serves in a consulting or advisory capacity to the maritime industry. 1 member representing an environmental organization. 3 members of the Committee shall represent the general public. Whenever possible, 2 of the 3 members who represent the general public shall be individuals who utilize water transportation facilities located in the geographic area that the Committee covers. For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 of title 18— each member of the Committee, whom the Secretary appoints to represent the point of view of an entity or group set out in paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and each member of the Committee, whom the Secretary appoints to represent the general public, is hereby deemed a special Government employee (as defined in section 202(a) of title 18). As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. The Secretary may reappoint a member to the Committee more than once. Each member of the Committee shall serve at the pleasure of the Secretary. 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. Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). The Commandant (or the Commandant’s designee) shall, whenever practicable, consult with the Committee before taking any significant action relating to navigation safety in the Lower Mississippi River. The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. The Committee shall terminate on September 30, 2027. There is established a Merchant Marine Personnel Advisory Committee (referred to in this section as the Committee ). The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards. The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). The Committee shall consist of 19 members. Except as provided in subparagraph (C), each member of the Committee shall represent the point of view of an entity or group, as follows: 9 members representing the interests of mariners— each of whom— shall be a citizen of the United States; and shall hold an active license or certificate issued under chapter 71 of this title or a merchant mariner document issued under chapter 73 of this title; and among whom shall be— 3 deck officers representing the interests of merchant marine deck officers, of whom— 2 shall be licensed for oceans any gross tons; 1 shall be licensed for inland river route with a limited or unlimited tonnage; 2 shall have a master's license or a master of towing vessels license; 1 shall have significant tanker experience; and to the extent practicable— 1 shall represent the interests of labor; and 1 shall represent the interests of management; 3 engineering officers representing the interests of merchant marine engineering officers, of whom— 2 shall be licensed as chief engineer any horsepower; 1 shall be licensed as either a limited chief engineer or a designated duty engineer; and to the extent practicable— 1 shall represent the interests of labor; and 1 shall represent the interests of management; 2 unlicensed seamen, of whom— 1 shall represent the interests of able-bodied seamen; and 1 shall represent the interests of qualified members of the engine department; and 1 pilot representing the interests of merchant marine pilots. 6 members representing the interests of marine educators— each of whom shall be a marine educator; and among whom shall be— 3 marine educators who shall represent the interests of maritime academies, including— 2 who shall represent the interests of State maritime academies; and 1 who shall represent either the viewpoint of the State maritime academies or the United States Merchant Marine Academy; and 3 marine educators who shall represent the interests of other maritime training institutions, 1 of whom shall represent the interests of the small vessel industry. 2 members representing the interests of shipping companies employed in ship operation management. 2 members of the Committee shall represent the general public. For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 of title 18— a member of the Committee, whom the Secretary appoints to represent the point of view of an entity or group set out in paragraph (2)(B), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and a member of the Committee, whom the Secretary appoints to represent the general public, is hereby deemed a special Government employee (as defined in section 202(a) of title 18). Nothing in this section shall be construed to prohibit the nomination or appointment of a Federal employee to serve as a member of the Committee representing the interests of the United States Merchant Marine Academy. As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. The Secretary may reappoint a member to the Committee more than once. Notwithstanding subparagraphs
(A)and (B), the Secretary may— with regard to the appointment of a member or members to represent the interests of the State maritime academies, solicit nominations for membership on the Committee from each State maritime academy or a joint nomination from some or all State maritime academies; and with regard to the appointment of a member to represent the interests of the United States Merchant Marine Academy, solicit a nomination for membership on the Committee from the Secretary of Transportation. Each member of the Committee shall serve at the pleasure of the Secretary. 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. Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. The Committee shall terminate on September 30, 2027. There is established a Merchant Mariner Medical Advisory Committee (referred to in this section as the Committee ). The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to— medical certification determinations of merchant mariners; medical standards and guidelines for the physical qualifications of operators of commercial vessels; medical examiner education; and medical research. The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). The Committee shall consist of 14 members. No member of the Committee shall be a regular Federal employee. Of the members of the Committee— 10 members shall be health-care professionals with particular expertise, knowledge, or experience regarding the medical examinations of merchant mariners or occupational medicine; and 4 members shall be professional mariners with knowledge and experience in mariners’ occupational requirements. For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 of title 18, each member of the Committee is hereby deemed a special Government employee (as defined in section 202(a) of title 18). As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. The Secretary may reappoint a member to the Committee more than once. Each member of the Committee shall serve at the pleasure of the Secretary. 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. Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. The Committee shall terminate on September 30, 2027. There is established a National Boating Safety Advisory Council (referred to in this section as the Council ). The Council shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). The Council shall consist of 21 members. Each member of the Council shall have particular expertise, knowledge, and experience in recreational boating safety. Except as provided in subparagraph (D), each member of the Council shall represent the point of view of an entity or group, as follows: 7 members representing State officials responsible for State boating safety programs. 7 members representing manufacturers, wholesale distributors, or retail distributors of recreational vessels or associated equipment. At least 5 members representing national recreational boating organizations. Not more than 2 members of the Council may represent the general public. Additional individuals from an entity or group set out in subparagraph
(C)may be appointed to panels of the Council to assist the Council in performing its duties. For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 of title 18— a member of the Council, whom the Secretary appoints to represent the point of view of an entity or group set out in paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and in the event that the Secretary appoints a member to represent the general public, such member of the Council is hereby deemed a special Government employee (as defined in section 202(a) of title 18). As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Council. After timely notice is published, the Secretary shall, as necessary, appoint members to the Council. The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Council. The Secretary may reappoint a member to the Council more than once. Each member of the Council shall serve at the pleasure of the Secretary. The term of each member of the Council shall expire on December 31 of the third full year after the effective date of the appointment. Notwithstanding clause (1), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Council to December 31 of the fifth full year after the effective date of the appointment. In the case of an appointment to fill a vacancy on the Council, the Secretary shall appoint an individual for a full term. The Commandant (or the Commandant’s designee) shall designate 1 member of the Council as the Chairman and another member of the Council as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). The Commandant (or the Commandant’s designee) may solicit, from the Council, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Council in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). In addition to the consultation required by section 4302 of this title, the Commandant (or the Commandant’s designee) shall, whenever practicable, consult with the Council on boating safety matters related to chapter 131 of this title. The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Council. The Council shall terminate on September 30, 2027. There is established a National Maritime Security Advisory Committee (referred to in this section as the Committee ). The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to national maritime security. The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). The Committee shall consist of not less than 8 members, but not more than 12 members. Each member of the Committee shall have at least 5 years practical experience in maritime security operations. Each member of the Committee shall represent the point of view of an entity or group, as follows: At least 1 member representing the port authorities. At least 1 member representing the facilities owners or operators. At least 1 member representing the terminal owners or operators. At least 1 member representing the vessel owners or operators. At least 1 member representing the maritime labor organizations. At least 1 member representing the academic community. At least 1 member representing State or local governments. At least 1 member representing the maritime industry. Not more than 4 members, each representing an entity or group, the point of view of which or the area of expertise of which the Commandant (or the Commandant’s designee) determines would aid the Committee’s deliberations. For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 of title 18, each member of the Committee is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18). As necessary, the Secretary shall publish in the Federal Register, a notice soliciting nominations for membership on the Committee. After timely notice is published, the Secretary shall appoint members to the Committee. The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of an individual in making an appointment to the Committee. The Secretary may reappoint a member to the Committee more than once. Each member of the Committee shall serve at the pleasure of the Secretary. The Secretary may require an individual to have passed an appropriate security background examination before appointment to the Committee. 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. Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. The Committee shall terminate on September 30, 2027. There is established a National Offshore Safety Advisory Committee (referred to in this section as the Committee ). The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to activities directly involved with, or in support of, the exploration of offshore mineral and energy resources insofar as such activities relate to matters within Coast Guard jurisdiction. The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). The Committee shall consist of 15 members. Except as provided in subparagraph (C), each member of the Committee shall represent the point of view of an entity or group, as follows: 2 members representing companies, organizations, enterprises, or similar entities engaged in the production of petroleum. 2 members representing companies, organizations, enterprises, or similar entities engaged in offshore drilling. 2 members representing companies, organizations, enterprises or similar entities engaged in the support, by offshore supply vessels or other vessels, of offshore operations. 1 member representing a company, organization, enterprise or similar entity engaged in the construction of offshore facilities. 1 member representing a company, organization, enterprise or similar entity providing diving services to the offshore industry. 1 member representing a company, organization, enterprise or similar entity providing safety and training services to the offshore industry. 1 member representing a company, organization, enterprise or similar entity providing subsea engineering, construction or remotely operated vehicle support to the offshore industry. 2 members representing employees of companies, organizations, enterprises or similar entities engaged in offshore operations, 1 of whom should have recent practical experience on vessels or units involved in the offshore industry. 1 member representing a company, organization, enterprise or similar entity providing environmental protection, compliance or response services to the offshore industry. 1 member representing a company, organization, enterprise or similar entity engaged in offshore oil exploration or production on the Outer Continental Shelf of Alaska. 1 member of the Committee shall represent the general public. For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 of title 18— a member of the Committee, whom the Secretary appoints to represent the point of view of an entity or group set out in paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and a member of the Committee, whom the Secretary appoints to represent the general public, is hereby deemed a special Government employee (as defined in section 202(a) of title 18). As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. The Secretary may reappoint a member to the Committee more than once. Each member of the Committee shall serve at the pleasure of the Secretary. 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. Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. The Commandant (or the Commandant’s designee) shall designate one member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. The Committee shall terminate on September 30, 2027. There is established a Navigation Safety Advisory Council (referred to in this section as the Council ). The Council, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime collisions, rammings and groundings, Inland Rules of the Road, International Rules of the Road, navigation regulations and equipment, routing measures, marine information, and aids to navigation systems. The Council shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). The Council shall consist of not more than 21 members. Each member of the Council shall have expertise in Inland and International vessel navigation Rules of the Road, aids to maritime navigation, maritime law, vessel safety, or port safety. Each member of the Council shall represent the point of view of one of the following entities or groups: Commercial vessel owners or operators. Professional mariners. Recreational boaters. State agencies responsible for vessel or port safety. The Maritime Law Association. For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 of title 18, each member of the Council is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18). As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Council. After timely notice is published, the Secretary shall, as necessary, appoint members to the Council. The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Council. The Secretary may reappoint a member to the Council more than once. Each member of the Council shall serve at the pleasure of the Secretary. The term of each member of the Council shall expire on December 31 of the third full year after the effective date of the appointment. Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Council to December 31 of the fifth full year after the effective date of the appointment. In the case of an appointment to fill a vacancy on the Council, the Secretary shall appoint an individual for a full term. The Commandant (or the Commandant’s designee) shall designate 1 member of the Council as the Chairman and another member of the Council as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). The Commandant (or the Commandant’s designee) may solicit, from the Council, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Council who shall perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.). The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Council. The Council shall terminate on September 30, 2027. There is established a Towing Safety Advisory Committee (referred to in this section as the Committee ). The Committee, acting through the Commandant (or the Commandant’s designee), is authorized to advise, consult with, report to, and make recommendations to the Secretary on matters relating to shallow-draft inland navigation, coastal waterway navigation, and towing safety. The Committee shall, at least once each calendar year, meet at the call of the Commandant (or the Commandant’s designee). The Committee shall consist of 18 members. Each member of the Committee shall have particular expertise, knowledge, and experience regarding— shallow-draft inland navigation or coastal waterway navigation; and towing safety. Except as provided in subparagraph (D), each member of the Committee shall represent the point of view of an entity or group, as follows: 7 members representing the barge and towing industry, reflecting a regional geographic balance. 1 member representing the offshore mineral and oil supply vessel industry. 1 member representing Masters or Pilots of towing vessels who have experience on the Western Rivers and the Gulf Intracoastal Waterway. 1 member representing Masters of towing vessels who have experience in offshore service. 1 member representing Masters of towing vessels who have experience in harbor-assist operations. 1 member representing towing vessel engineers. 2 members representing port districts, authorities, or terminal operators. 1 member representing shippers. 1 member representing shippers who are engaged in the chartering or shipping of oil or hazardous materials by barge. 2 members of the Committee shall represent the general public. For the purposes of Federal law, including the Ethics in Government Act of 1978 and chapter 11 of title 18— a member of the Committee, whom the Secretary appoints to represent the point of view of an entity or group set out in paragraph (2)(C), is hereby deemed a representative of the member’s respective special interest entity or group, and not a special Government employee (as defined in section 202(a) of title 18); and a member of the Committee, whom the Secretary appoints to represent the general public, is hereby deemed a special Government employee (as defined in section 202(a) of title 18). As necessary, the Secretary shall publish, in the Federal Register, a notice soliciting nominations for membership on the Committee. After timely notice is published, the Secretary shall, as necessary, appoint members to the Committee. The Secretary may not seek, consider, or otherwise use information concerning the political affiliation of an individual in making an appointment to the Committee. The Secretary may reappoint a member to the Committee more than once. Each member of the Committee shall serve at the pleasure of the Secretary. 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. Notwithstanding clause (i), paragraph (4), or any other provision of law or policy, the Commandant (or the Commandant’s designee) may extend the term of a member of the Committee to December 31 of the fifth full year after the effective date of the appointment. In the case of an appointment to fill a vacancy on the Committee, the Secretary shall appoint an individual for a full term. The Commandant (or the Commandant’s designee) shall designate 1 member of the Committee as the Chairman and another member of the Committee as the Vice Chairman, both of whom shall serve in such capacity at the pleasure of the Commandant (or the Commandant’s designee) and for a term to be fixed by the Commandant (or the Commandant’s designee). The Commandant (or the Commandant’s designee) may solicit, from the Committee, recommendations with regard to the members whom the Commandant (or the Commandant’s designee) shall designate as the Chairman and the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. The Commandant (or the Commandant’s designee) shall designate a Designated Federal Officer to the Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). The Commandant (or the Commandant’s designee) shall, whenever practicable, consult with the Committee before taking any significant action affecting shallow-draft inland navigation, coastal waterway navigation, and towing safety. The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. The Committee shall terminate on September 30, 2027. . The table of chapters for subtitle I of title 46, United States Code, is amended by adding at the end the following: 7. Coast Guard advisory committees 701 . Section 4508 of title 46, United States Code, is repealed. The table of contents of chapter 45 of title 46, United States Code, is amended by striking the item relating to section 4508. Section 9307 of title 46, United States Code, is repealed. The table of contents of chapter 93 of title 46, United States Code, is amended by striking the item relating to section 9307. Section 19 of the Coast Guard Authorization Act of 1991 ( Public Law 102–241 ; 105 Stat. 2215) is repealed. Section 8108 of title 46, United States Code, is repealed. The table of contents of chapter 81 of title 46, United States Code, is amended by striking the item relating to section 8108. Section 7115 of title 46, United States Code, is repealed. The table of contents of chapter 71 of title 46, United States Code, is amended by striking the item relating to section 7115. Section 13110 of title 46, United States Code, is repealed. The table of contents of chapter 131 of title 46, United States Code, is amended by striking the item relating to section 13110. Section 4302(c)(4) of title 46, United States Code, is amended by striking 13110 and inserting 708 . Section 109(a)(1) of the Maritime Transportation Security Act of 2002 ( 46 U.S.C. 70101 note) is amended by striking section 70112 of title 46, United States Code, as amended by this Act and inserting section 709 of title 46, United States Code . Section 5 of the Inland Navigational Rules Act of 1980 ( 33 U.S.C. 2073 ) is repealed. The Act to establish a Towing Safety Advisory Committee in the Department of Transportation, approved October 6, 1980 ( 33 U.S.C. 1231a ), is repealed. Section 70112 of title 46, United States Code, is amended— in the heading, by striking and inserting Maritime Security Advisory Committees ; Area Maritime Security Advisory Committees by amending subsection
(a)to read as follows: The Secretary may— establish an Area Maritime Security Advisory Committee for any port area of the United States; and request an Area Maritime Security Committee to review the proposed Area Maritime Transportation Security Plan developed under section 70103(b) and make recommendations to the Secretary that the Committee considers appropriate. Each Area Maritime Security Advisory Committee— may advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime security in that area; may make available to the Congress recommendations that the Committee makes to the Secretary; and shall meet at the call of— the Secretary, who shall call such a meeting at least once during each calendar year; or a majority of the Committee. ; in subsection (b)— in paragraph (1), by striking of the committees and inserting Area Maritime Security Advisory Committee ; in paragraph (3)— by striking such a committee and inserting an Area Maritime Security Advisory Committee ; and by striking the committee and inserting an Area Maritime Security Advisory Committee ; in paragraph (4), by striking the Committee and inserting an Area Maritime Security Advisory Committee ; and in paragraph (5)— by striking subparagraph (A); and in subparagraph (B), by striking
(B)and indenting appropriately; in subsection (c)(1), by striking committee and inserting Area Maritime Security Advisory Committee ; by striking subsection (d); by redesignating subsections (e), (f), and
(g)as subsections (d), (e), and (f), respectively; in subsection (d), as redesignated— by striking the Committee and inserting an Area Maritime Security Advisory Committee ; and by striking the period at the end and inserting for an area. ; in subsection (e), as redesignated— in paragraph (1), by striking a committee and inserting an Area Maritime Security Advisory Committee ; and in paragraph (2), by striking such a committee and inserting an Area Maritime Security Advisory Committee ; and by amending subsection (f), as redesignated, to read as follows: The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to Area Maritime Security Advisory Committees established under this section. The Area Maritime Security Advisory Committees shall terminate on September 30, 2027. . The table of contents of chapter 701 of title 46, United States Code, is amended in the item relating to section 70112 by striking Maritime Security Advisory Committees and inserting Area Maritime Security Advisory Committees . Section 18 of the Coast Guard Authorization Act of 1991 ( Public Law 102–241 ; 105 Stat. 2213) is repealed. Notwithstanding the amendments made under subsections
(b)and
(c)of this section, an advisory committee described in paragraph
(2)of this subsection shall continue to be subject to the requirements under law to which such advisory committee was subject as in effect on the day before the date of enactment of this Act, including its charter, and the members appointed to such advisory committee shall continue to serve pursuant thereto, until the Secretary of the department in which the Coast Guard is operating makes the applicable appointments under sections 702 through 712 of title 46, United States Code. An advisory committee described in this paragraph is as follows: Chemical Transportation Advisory Committee. Commercial Fishing Safety Advisory Committee established under section 4508 of title 46, United States Code. Great Lakes Pilotage Advisory Committee established under section 9307 of title 46, United States Code. Lower Mississippi River Waterway Safety Advisory Committee established under section 19 of the Coast Guard Authorization Act of 1991 ( Public Law 102–241 ; 105 Stat. 2215). Merchant Marine Personnel Advisory Committee established under section 8108 of title 46, United States Code. Merchant Mariner Medical Advisory Committee established under section 7115 of title 46, United States Code. National Boating Safety Advisory Committee established under section 13110 of title 46, United States Code. National Maritime Security Advisory Committee established under section 70112 of title 46, United States Code. National Offshore Safety Advisory Committee. Navigation Safety Advisory Council established under section 5 of the Inland Navigational Rules Act of 1980 ( 33 U.S.C. 2073 ). Towing Safety Advisory Committee established under the Act entitled the Act to establish a Towing Safety Advisory Committee in the Department of Transportation , approved October 6, 1980 ( 33 U.S.C. 1231a ). Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall make the appointments, and file any necessary charters, under sections 702 through 712 of title 46, United States Code.
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- Pub. L. 102-241
- 105 Stat. 2215
- 105 Stat. 2213
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cites case law
Sec. 301
Coast Guard advisory committees
Pub. L.Pub. L. 102-241
Stat.105 Stat. 2215
Stat.105 Stat. 2213
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