46 USC 70112 - Maritime Security Advisory Committees

U.S Code last checked for updates: May 01, 2024

§ 70112.

Maritime Security Advisory Committees

(a)

(1)

Establishment.—

There is established a National Maritime Security Advisory Committee (in this subsection referred to as the “Committee”).

(2)

Function.—

The Committee shall advise the Secretary on matters relating to national maritime security, including on enhancing the sharing of information related to cybersecurity risks that may cause a transportation security incident, between relevant Federal agencies and—

(A)

State, local, and tribal governments;

(B)

relevant public safety and emergency response agencies;

(C)

relevant law enforcement and security organizations;

(D)

maritime industry;

(E)

port owners and operators; and

(F)

terminal owners and operators.

(3)

Membership.—

(A)

In general.—

The Committee shall consist of at least 8 members, but not more than 21 members, appointed by the Secretary in accordance with this subsection and section 15109 of this title.

(B)

Expertise.—

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

(C)

Representation.—

Each of the following shall be represented by at least 1 member of the Committee:

(i)

Port authorities.

(ii)

Facilities owners and operators.

(iii)

Terminal owners and operators.

(iv)

Vessel owners and operators.

(v)

Maritime labor organizations.

(vi)

The academic community.

(vii)

State and local governments.

(viii)

The maritime industry.

(D)

Distribution.—

If the Committee consists of at least 8 members who, together, satisfy the minimum representation requirements of subparagraph (C), the Secretary shall, based on the needs of the Coast Guard, determine the number of additional members of the Committee who represent each entity specified in that subparagraph. Neither this subparagraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in subparagraph (C).

(4)

Administration.—

For purposes of section 15109 of this title, the Committee shall be treated as a committee established under chapter 151 of such title.

(b)

Area Maritime Security Advisory Committees.—

(1)

In general.—

(A)

Establishment.—

The Secretary may—

(i)

establish an Area Maritime Security Advisory Committee for any port area of the United States; and

(ii)

request such a 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.

(B)

Additional functions and meetings.—

A committee established under this subsection for an area—

(i)

may advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime security in that area;

(ii)

may make available to the Congress recommendations that the committee makes to the Secretary; and

(iii)

shall meet at the call of—

(I)

the Secretary, who shall call such a meeting at least once during each calendar year; or

(II)

a majority of the committee.

(2)

Membership.—

(A)

In general.—

Each committee established under this subsection shall consist of at least 7 members appointed by the Secretary, each of whom has at least 5 years practical experience in maritime security operations.

(B)

Terms.—

The term of each member of a committee established under this subsection shall be for a period of not more than 5 years, specified by the Secretary.

(C)

Notice.—

Before appointing an individual to a position on a committee established under this subsection, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the committee.

(D)

Background examinations.—

The Secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this subsection.

(E)

Representation.—

Each committee established under this subsection shall be composed of individuals who represent the interests of the port industry, terminal operators, port labor organizations, and other users of the port areas.

(3)

Chairperson and vice chairperson.—

(A)

In general.—

Each committee established under this subsection shall elect 1 of the committee’s members as the Chairperson and 1 of the committee’s members as the Vice Chairperson.

(B)

Vice chairperson acting as chairperson.—

The Vice Chairperson shall act as Chairperson in the absence or incapacity of the Chairperson, or in the event of a vacancy in the office of the Chairperson.

(4)

Observers.—

(A)

In general.—

The Secretary shall, and the head of any other interested Federal agency may, designate a representative to participate as an observer with a committee established under this subsection.

(B)

Role.—

The Secretary’s designated representative to a committee established under this subsection shall act as the executive secretary of the committee and shall perform the duties set forth in section 1009(c) of title 5.

(5)

Consideration of views.—

The Secretary shall consider the information, advice, and recommendations of each committee established under this subsection in formulating policy regarding matters affecting maritime security.

(6)

Compensation and expenses.—

(A)

In general.—

A member of a committee established under this subsection, when attending meetings of the committee or when otherwise engaged in the business of the committee, is entitled to receive—

(i)

compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect for GS–15 of the General Schedule under section 5332 of title 5 including travel time; and

(ii)

travel or transportation expenses under section 5703 of title 5.

(B)

Status.—

A member of a committee established under this subsection shall not be considered to be an officer or employee of the United States for any purpose based on the receipt of any payment under this paragraph.

(7)

Chapter 10 of title 5.—

Chapter 10 of title 5 does not apply to a committee established under this subsection.

(Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2081; amended Pub. L. 108–293, title VIII, § 806, Aug. 9, 2004, 118 Stat. 1082; Pub. L. 109–241, title IX, § 901(m), July 11, 2006, 120 Stat. 565; Pub. L. 111–281, title VIII, § 810, Oct. 15, 2010, 124 Stat. 2995; Pub. L. 115–254, div. J, § 1805(c)(1), Oct. 5, 2018, 132 Stat. 3534; Pub. L. 115–282, title VI, § 602(a), Dec. 4, 2018, 132 Stat. 4290; Pub. L. 117–286, § 4(a)(294), (295), Dec. 27, 2022, 136 Stat. 4338.)

cite as: 46 USC 70112