§50402 — Title 46 Shipping | U.S. Code

Summary

Creates a 27-member Maritime Transportation System National Advisory Committee that must advise the Secretary of Transportation about the U.S. maritime transportation system and how it connects with other transport modes, including the health of the U.S. Merchant Marine. Members are chosen by the Secretary under section 15109 and must have relevant expertise. At least one member must come from each: the EPA, Department of Commerce, Army Corps of Engineers, Coast Guard, Customs and Border Protection, and state or local governments. Other members come from private maritime sectors, ports, academia, and labor. The Secretary may add more federal reps, but federal agency members cannot exceed one-third of the committee or any subcommittee and cannot serve as chair or co-chair. For rules under section 15109, the committee is treated as created under chapter 151, and the Secretary of Transportation carries out the duties otherwise assigned to the Secretary of Homeland Security.

Title 46, §50402

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(a)There is established a Maritime Transportation System National Advisory Committee (in this section referred to as the “Committee”).

(b)The Committee shall advise the Secretary of Transportation on matters relating to the United States maritime transportation system and its seamless integration with other segments of the transportation system, including the viability of the United States Merchant Marine.

(c)(1)The Committee shall consist of 27 members appointed by the Secretary of Transportation in accordance with this section and section 15109.

(2)Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

(3)Members of the Committee shall be appointed as follows:

(A)At least one member shall represent the Environmental Protection Agency.

(B)At least one member shall represent the Department of Commerce.

(C)At least one member shall represent the Corps of Engineers.

(D)At least one member shall represent the Coast Guard.

(E)At least one member shall represent Customs and Border Protection.

(F)At least one member shall represent State and local governmental entities.

(G)Additional members shall represent private sector entities that reflect a cross-section of maritime industries, including port and water stakeholders, academia, and labor.

(H)The Secretary may appoint additional representatives from other Federal agencies as the Secretary considers appropriate.

(4)Members of the Committee that represent Federal agencies shall not—

(A)comprise more than one-third of the total membership of the Committee or of any subcommittee therein; or

(B)serve as the chair or co-chair of the Committee or of any subcommittee therein.

(5)For purposes of section 15109—

(A)the Committee shall be treated as a committee established under chapter 151; and

(B)the Secretary of Transportation shall fulfill all duties and responsibilities and have all authorities of the Secretary of Homeland Security with regard to the Committee.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 117–81 renumbered section 55502 of this title as this section.

Statutory Notes and Related Subsidiaries

Treatment of Existing Committee Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8332(b), Jan. 1, 2021, 134 Stat. 4704, as amended by Pub. L. 117–81, div. C, title XXXV, § 3512(b), Dec. 27, 2021, 135 Stat. 2239, provided that: “Notwithstanding any other provision of law— “(1) an advisory committee substantially similar to the Committee established by section 50402 of title 46, United States Code, and that was in force or in effect on the day before the date of the enactment of this Act [Jan. 1, 2021], including the charter, membership, and other aspects of such advisory committee, may remain in force or in effect for the 2-year period beginning on the date of the enactment of this section; and “(2) during such 2-year period—“(A) requirements relating the Maritime Transportation System National Advisory Committee established by such section shall be treated as satisfied by such substantially similar advisory committee; and “(B) the enactment of this section shall not be the basis—“(i) to deem, find, or declare such committee, including the charter, membership, and other aspects thereof, void, not in force, or not in effect; “(ii) to suspend the activities of such committee; or “(iii) to bar the members of such committee from a meeting.”

§50402 Maritime Transportation System National Advisory Committee