2017 US Code
Title 46 - Shipping
Subtitle II - Vessels and Seamen
Part F - Manning of Vessels
Chapter 93 - Great Lakes Pilotage
Sec. 9307 - Great Lakes Pilotage Advisory Committee

(a) The Secretary shall establish a Great Lakes Pilotage Advisory Committee. The Committee—

(b)(1) The Committee shall consist of seven members appointed by the Secretary in accordance with this subsection, each of whom has at least 5 years practical experience in maritime operations. The term of each member is for a period of not more than 5 years, specified by the Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee.

(2) The membership of the Committee shall include—

(c)(1) The Committee shall elect one of its members as the Chairman and one of its members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman.

(2) The Secretary shall, and any other interested agency may, designate a representative to participate as an observer with the Committee. The Secretary's designated representative shall act as the executive secretary of the Committee and shall perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).

(d)(1) The Secretary shall, whenever practicable, consult with the Committee before taking any significant action relating to Great Lakes pilotage.

(2) The Secretary shall consider the information, advice, and recommendations of the Committee in formulating policy regarding matters affecting Great Lakes pilotage.

(3) Any recommendations to the Secretary under subsection (a)(2) must have been approved by at least all but one of the members then serving on the committee.

(e)(1) A member of the Committee, when attending meetings of the Committee or when otherwise engaged in the business of the Committee, is entitled to receive—

(2) A member of the Committee shall not be considered to be an officer or employee of the United States for any purpose based on their receipt of any payment under this subsection.

(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.) applies to the Committee, except that the Committee terminates on September 30, 2020.

(2) 2 years before the termination date set forth in paragraph (1) of this subsection, the Committee shall submit to the Congress its recommendation regarding whether the Committee should be renewed and continued beyond the termination date.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 559; Pub. L. 105–383, title III, §303, Nov. 13, 1998, 112 Stat. 3418; Pub. L. 106–554, §1(a)(4) [div. A, §1118], Dec. 21, 2000, 114 Stat. 2763, 2763A–209; Pub. L. 108–293, title IV, §418(d), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 109–304, §15(23), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 111–281, title VI, §621(a), Oct. 15, 2010, 124 Stat. 2976.)

Section 9307 permits the Secretary to establish a Great Lakes Pilotage Advisory Committee. This Committee is to be established consistent with the Federal Advisory Committee Act (P.L. 92–463; 5 App. U.S.C.) and with the requirements imposed by section 19 [118(e)] of P.L. 97–322 (14 U.S.C. 631 note).

Subsection (a) authorizes the Committee to review and make recommendations on Great Lakes pilotage regulation and policies and to make the recommendations available to Congress and requires the Committee to meet at the call of the Secretary.

Subsection (b) establishes the membership of the Committee as 3 members with 5 years of practical maritime experience appointed by the Secretary for a term of not more than 5 years. A Federal Register notice of solicitation for membership nominations for filling a position is required.

Subsection (c) provides for pay and travel expenses, including per diem, for the members.

The Federal Advisory Committee Act, referred to in subsecs. (c)(2) and (f)(1), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

2010—Subsec. (f)(1). Pub. L. 111–281 substituted "September 30, 2020" for "September 30, 2010".

2006—Subsec. (b)(2)(A). Pub. L. 109–304 substituted "the President" for "The President".

2004—Subsec. (f)(1). Pub. L. 108–293 substituted "September 30, 2010" for "September 30, 2005".

2000—Subsec. (b)(2)(A). Pub. L. 106–554, §1(a)(4) [div. A, §1118(1)], amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "three members who are practicing Great Lakes pilots and who reflect a regional balance;".

Subsec. (b)(2)(E). Pub. L. 106–554, §1(a)(4) [div. A, §1118(2)], amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: "one member representing the interests of the general public, who is an independent expert on the Great Lakes maritime industry."

Subsec. (c)(2). Pub. L. 106–554, §1(a)(4) [div. A, §1118(3)], which directed the striking out of second sentence in subsec. (C)(2), was executed by striking out the second sentence in subsec. (c)(2), "The representatives shall, as appropriate, report to and advise the Committee on matters relating to Great Lakes pilotage.", to reflect the probable intent of Congress.

Subsec. (d)(3). Pub. L. 106–554, §1(a)(4) [div. A, §1118(4)], added par. (3).

Subsec. (f)(1). Pub. L. 106–554, §1(a)(4) [div. A, §1118(5)], substituted "September 30, 2005" for "September 30, 2003".

1998—Pub. L. 105–383 amended section generally, substituting provisions consisting of subsecs. (a) to (f) for former provisions consisting of subsecs. (a) to (c).

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 Pub. L. 101–509, set out in a note under section 5376 of Title 5.