§2073. Navigation Safety Advisory Council

(a) Establishment; membership; Council panels; publication in Federal Register

The Secretary shall establish a Navigation Safety Advisory Council (hereinafter referred to as the Council) not exceeding 21 members. To assure balanced representation, members shall be chosen, insofar as practical, from the following groups: (1) recognized experts and leaders in organizations having an active interest in the Rules of the Road and vessel and port safety, (2) representatives of owners and operators of vessels, professional mariners, recreational boaters, and the recreational boating industry, (3) individuals with an interest in maritime law, and (4) Federal and State officials with responsibility for vessel and port safety. Additional persons may be appointed to panels of the Council to assist the Council in the performance of its functions. The Secretary shall, not less often than once a year, publish notice in the Federal Register for solicitation of nominations for membership on the Council.

(b) Functions and purpose of Council

The Council shall advise, consult with, and make recommendations to the Secretary on matters relating to the prevention of collisions, rammings, and groundings, including the Inland Rules of the Road, the International Rules of the Road, navigation regulations and equipment, routing measures, marine information, diving safety, and aids to navigation systems. Any advice or recommendation made by the Council to the Secretary shall reflect the independent judgment of the Council on the matter concerned. The Council shall meet at the call of the Secretary, but in any event not less than twice during each calendar year. All proceedings of the Council shall be public, and a record of the proceedings shall be made available for public inspection.

(c) Executive secretary; staff; travel expenses and status of members

The Secretary shall furnish to the Council an executive secretary and such secretarial, clerical, and other services as are deemed necessary for the conduct of its business. Members of the Council, while away from their home or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5. Payments under this section shall not render members of the Council officers or employees of the United States for any purpose.

(d) Termination of Council

Unless extended by subsequent Act of Congress, the Council shall terminate on September 30, 2010.

( Pub. L. 96–591, §5, Dec. 24, 1980, 94 Stat. 3434 ; Pub. L. 97–322, title I, §118(c), Oct. 15, 1982, 96 Stat. 1586 ; Pub. L. 98–557, §16(b)(2), Oct. 30, 1984, 98 Stat. 2866 ; Pub. L. 101–225, title I, §105(a)(1), Dec. 12, 1989, 103 Stat. 1909 ; Pub. L. 104–324, title III, §304(a), (g), Oct. 19, 1996, 110 Stat. 3917 , 3918; Pub. L. 107–295, title III, §334, Nov. 25, 2002, 116 Stat. 2105 ; Pub. L. 108–293, title IV, §418(e), Aug. 9, 2004, 118 Stat. 1049 .)

Amendments

2004-Subsec. (d). Pub. L. 108–293 substituted "September 30, 2010" for "September 30, 2005".

2002-Subsec. (d). Pub. L. 107–295 substituted "September 30, 2005" for "September 30, 2000".

1996-Pub. L. 104–324, §304(g), which directed the general amendment of the "section heading for section 5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073)", was executed by inserting section catchline, to reflect the probable intent of Congress.

Par. (d). Pub. L. 104–324, §304(a), substituted "September 30, 2000" for "September 30, 1995".

1989-Par. (a). Pub. L. 101–225, §105(a)(1)(A), substituted "Navigation Safety Advisory Council" for "Rules of the Road Advisory Council".

Par. (b). Pub. L. 101–225, §105(a)(1)(B), amended par. (b) generally. Prior to amendment, par. (b) read as follows: "The Council shall advise, consult with, and make recommendations to the Secretary on matters relating to any major proposals for changes to the Inland Rules. The Council may recommend changes to the Inland Rules and International Regulations to the Secretary. Any advice or recommendation made by the Council to the Secretary shall reflect the independent judgment of the Council on the matter concerned. The Council shall meet at the call of the Secretary, but in any event not less than once during each calendar year. All proceedings of the Council shall be public, and a record of the proceedings shall be made available for public inspection. The Council is authorized to make available to Congress any information, advice, and recommendations which the Council is authorized to give to the Secretary."

Par. (d). Pub. L. 101–225, §105(a)(1)(C), substituted "September 30, 1995" for "September 30, 1990".

1984-Par. (c). Pub. L. 98–557, §16(b)(2)(A), struck out provisions authorizing members who are not officers or employees of the United States to receive compensation at a rate not exceeding the daily equivalent of the current rate of basic pay for GS–18 of the General Schedule under section 5332 of title 5.

Par. (d). Pub. L. 98–557, §16(b)(2)(B), substituted "on September 30, 1990" for "5 years from the date of enactment of this Act".

1982-Par. (a). Pub. L. 97–322, §118(c)(1), directed Secretary, not less often than once a year, to publish notice in Federal Register for solicitation of nominations for membership on Council.

Par. (b). Pub. L. 97–322, §118(c)(2), authorized Council to make available to Congress any information, advice, and recommendations which Council is authorized to give to Secretary.

Par. (c). Pub. L. 97–322, §118(c)(3), struck out "or while otherwise engaged in the business of the Council" after "meetings of the Council", and ", including traveltime" after "section 5332 of title 5".

References in Other Laws

Section 105(a)(2) of Pub. L. 101–225 provided that: "Each reference to the Rules of the Road Advisory Council in a law, regulation, order, document, record, or paper of the United States is deemed to be a reference to the Navigation Safety Advisory Council."