46 U.S.C. § 50401 — United States Committee on the Marine

Page 342 TITLE 46—SHIPPING § 50401 military cooperation, and other relevant engage- ments or agreements, a prohibition on the use of a covered logistics platform. ‘‘(3) ALLIES AND PARTNERS DESCRIBED.—The coun- tries and entities with which the President shall con- duct negotiations described in this subsection shall include— ‘‘(A) all countries party to a collective defense treaty or other collective defense arrangement with the United States; ‘‘(B) India; and ‘‘(C) Taiwan. ‘‘(4) REPORT.—Not later than one year after the date of the enactment of this subsection [Dec. 22, 2023], the Secretary of State shall submit a report to the appropriate congressional committees describ- ing— ‘‘(A) the efforts made by the United States Gov- ernment as of the date of the submission of the re- port in the negotiations described in this sub- section; and ‘‘(B) the actions taken by the governments of ally and partner countries pursuant to the negotiation priorities described in this subsection. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committees on Armed Services, Foreign Affairs, and Transportation and Infrastructure of the House of Representatives; and ‘‘(B) the Committees on Armed Services, Foreign Relations, and Commerce, Science, and Transpor- tation of the Senate. ‘‘(2) COVERED LOGISTICS PLATFORM.—The term ‘cov- ered logistics platform’ has the meaning given in sec- tion 50309 of title 46, United States Code, as added by this section. ‘‘(3) FOREIGN ADVERSARY.—The term ‘foreign adver- sary’ means— ‘‘(A) the People’s Republic of China, including the Hong Kong and Macau Special Administrative Re- gions; ‘‘(B) the Republic of Cuba; ‘‘(C) the Islamic Republic of Iran; ‘‘(D) the Democratic People’s Republic of Korea; ‘‘(E) the Russian Federation; and ‘‘(F) the Bolivarian Republic of Venezuela under the regime of Nicola´s Maduro Moros.’’ CHAPTER 504—COMMITTEES Sec. 50401. United States Committee on the Marine Transportation System. 50402. Maritime Transportation System National Advisory Committee. Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. C, title XXXV, § 3512(c)(1), Dec. 27, 2021, 135 Stat. 2239, amended chapter analysis generally, reenacting heading without change and sub- stituting items 50401 ‘‘United States Committee on the Marine Transportation System’’ and 50402 ‘‘Maritime Transportation System National Advisory Committee’’ for former items 55501 ‘‘United States Committee on the Marine Transportation System’’ and 55502 ‘‘Mari- time Transportation System National Advisory Com- mittee’’, respectively. Pub. L. 117–81, div. C, title XXXV, § 3512(a)(2), Dec. 27, 2021, 135 Stat. 2239, substituted ‘‘COMMITTEES’’ for ‘‘MISCELLANEOUS’’ in chapter heading. Pub. L. 117–81, div. C, title XXXV, § 3512(a)(1), Dec. 27, 2021, 135 Stat. 2239, which directed that chapter 555 of title 46 be redesignated as chapter 504 and transferred to appear after chapter 503, was executed by transfer- ring the analysis preceding section 55501 of this title to precede section 50401 of this title, to reflect the prob- able intent of Congress. Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8332(c), Jan. 1, 2021, 134 Stat. 4704, added item 55502. 2014—Pub. L. 113–281, title III, § 301(3), Dec. 18, 2014, 128 Stat. 3042, added item 55501 and struck out former items 55501 ‘‘Mobile trade fairs’’ and 55502 ‘‘United States Committee on the Marine Transportation Sys- tem’’. 2012—Pub. L. 112–213, title III, § 310(b), Dec. 20, 2012, 126 Stat. 1568, added item 55502. § 50401. United States Committee on the Marine Transportation System (a) ESTABLISHMENT.—There is established a United States Committee on the Marine Trans- portation System (in this section referred to as the ‘‘Committee’’). (b) PURPOSE.—The Committee shall serve as a Federal interagency coordinating committee for the purpose of— (1) assessing the adequacy of the marine transportation system (including ports, water- ways, channels, and their intermodal connec- tions); (2) promoting the integration of the marine transportation system with other modes of transportation and other uses of the marine environment; and (3) coordinating, improving the coordination of, and making recommendations with regard to Federal policies that impact the marine transportation system. (c) MEMBERSHIP.— (1) IN GENERAL.—The Committee shall con- sist of— (A) the Secretary of Transportation; (B) the Secretary of Defense; (C) the Secretary of Homeland Security; (D) the Secretary of Commerce; (E) the Secretary of the Treasury; (F) the Secretary of State; (G) the Secretary of the Interior; (H) the Secretary of Agriculture; (I) the Attorney General; (J) the Secretary of Labor; (K) the Secretary of Energy; (L) the Administrator of the Environ- mental Protection Agency; (M) the Chairman of the Federal Maritime Commission; (N) the Chairman of the Joint Chiefs of Staff; and (O) the head of any other Federal agency who a majority of the voting members of the Committee determines can further the pur- pose and activities of the Committee. (2) NONVOTING MEMBERS.—The Committee may include as many nonvoting members as a majority of the voting members of the Com- mittee determines is appropriate to further the purpose and activities of the Committee. (d) SUPPORT.— (1) COORDINATING BOARD.— (A) IN GENERAL.—There is hereby estab- lished, within the Committee, a Coordi- nating Board. Each member of the Com- mittee may select a senior level representa- tive to serve on such Board. The Board shall assist the Committee in carrying out its pur- pose and activities. (B) CHAIR.—There shall be a Chair of the Coordinating Board. The Chair of the Co- Page 343 TITLE 46—SHIPPING § 50402 ordinating Board shall rotate each year among the Secretary of Transportation, the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Commerce. The order of rotation shall be de- termined by a majority of the voting mem- bers of the Committee. (2) EXECUTIVE DIRECTOR.—The Secretary of Transportation, in consultation with the Sec- retary of Defense, the Secretary of Homeland Security, and the Secretary of Commerce, shall appoint an Executive Director of the Committee. (3) TRANSFERS.—Notwithstanding any other provision of law, the head of a Federal depart- ment or agency who is a member of the Com- mittee may— (A) provide, on a reimbursable or non- reimbursable basis, facilities, equipment, services, personnel, and other support serv- ices to carry out the activities of the Com- mittee; and (B) transfer funds to another Federal de- partment or agency in order to carry out the activities of the Committee. (e) MARINE TRANSPORTATION SYSTEM ASSESS- MENT AND STRATEGY.—Not later than one year after the date of enactment of this Act and every 5 years thereafter, the Committee shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives a re- port that includes— (1) steps taken to implement actions rec- ommended in the document titled ‘‘National Strategy for the Marine Transportation Sys- tem: A Framework for Action’’ and dated July 2008; (2) a conditions and performance analysis of the marine transportation system; (3) a discussion of the challenges the marine transportation system faces in meeting user demand, including estimates of investment levels required to ensure system infrastruc- ture meets such demand; (4) a plan, with recommended actions, for improving the marine transportation system to meet current and future challenges; (5) steps taken to implement actions rec- ommended in previous reports required under this subsection; and (6) a compendium of the Federal programs engaged in the maritime transportation sys- tem. (f) CONSULTATION.—In carrying out its purpose and activities, the Committee may consult with marine transportation system-related advisory committees, interested parties, and the public. (Added Pub. L. 112–213, title III, § 310(a), Dec. 20, 2012, 126 Stat. 1567, § 55502; renumbered § 55501, Pub. L. 113–281, title III, § 301(2), Dec. 18, 2014, 128 Stat. 3042; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8315, Jan. 1, 2021, 134 Stat. 4699; renumbered § 50401 and amended, Pub. L. 117–81, div. C, title XXXV, § 3512(a)(3), (4), Dec. 27, 2021, 135 Stat. 2239.) Editorial Notes REFERENCES IN TEXT The date of enactment of this Act, referred to in sub- sec. (e), probably means the date of enactment of Pub. L. 112–213, which enacted this section and was approved Dec. 20, 2012. AMENDMENTS 2021—Pub. L. 117–81, § 3512(a)(4), amended section catchline generally, substituting ‘‘United States Com- mittee on the Marine Transportation System’’ for ‘‘United States Committee on the Marine Transpor- tation System’’. Pub. L. 117–81, § 3512(a)(3), renumbered section 55501 of this title as this section. Subsec. (e)(2). Pub. L. 116–283, § 8315(1), substituted ‘‘a conditions and performance analysis’’ for ‘‘an assess- ment of the condition’’. Subsec. (e)(6). Pub. L. 116–283, § 8315(2)–(4), added par. (6). 2014—Pub. L. 113–281 renumbered section 55502 of this title as this section. § 50402. Maritime Transportation System Na- tional Advisory Committee (a) ESTABLISHMENT.—There is established a Maritime Transportation System National Advi- sory Committee (in this section referred to as the ‘‘Committee’’). (b) FUNCTION.—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, includ- ing the viability of the United States Merchant Marine. (c) MEMBERSHIP.— (1) IN GENERAL.—The Committee shall con- sist of 27 members appointed by the Secretary of Transportation in accordance with this sec- tion and section 15109. (2) EXPERTISE.—Each member of the Com- mittee shall have particular expertise, knowl- edge, and experience in matters relating to the function of the Committee. (3) REPRESENTATION.—Members of the Com- mittee 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) RESTRICTIONS ON MEMBERS REPRESENTING FEDERAL AGENCIES.—Members of the Com- mittee that represent Federal agencies shall not—