Public-domain · open source
OpenJurist

46 U.S.C. § 70112

Section 70112 · Maritime Security Advisory Committees

Current version, with additions and removals from the October 15, 2010 version.

View current clean text →Unified view
Current — December 27, 2022
As of October 15, 2010
(a) Establishment of Committees.—(1) The Secretary shall establish a National Maritime Security Advisory Committee. The Committee—
(a) National Maritime Security Advisory Committee.—

(A) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to national maritime security matters;

(B) may make available to the Congress recommendations that the Committee makes to the Secretary; and

(C) 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.

(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.—

(2)(A) The Secretary may—
(A) Establishment.—The Secretary may—

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

(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.
(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) A committee established under this paragraph for an area—
(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;

(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

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

(iii) shall meet at the call of—

(iii) shall meet at the call of—

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

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

(II) a majority of the committee.

(II) a majority of the committee.

(2) Membership.—

(b) Membership.—(1) Each of the committees established under subsection (a) shall consist of not less than 7 members appointed by the Secretary, each of whom has at least 5 years practical experience in maritime security operations.
(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.
(2) The term of each member shall be for a period of not more than 5 years, specified by the Secretary.
(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.
(3) Before appointing an individual to a position on such a committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the committee.
(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.
(4) The Secretary may require an individual to have passed an appropriate security background examination before appointment to 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.

(5)(A) The National Maritime Security Advisory Committee shall be composed of—

(i) at least 1 individual who represents the interests of the port authorities;

(ii) at least 1 individual who represents the interests of the facilities owners or operators;

(iii) at least 1 individual who represents the interests of the terminal owners or operators;

(iv) at least 1 individual who represents the interests of the vessel owners or operators;

(v) at least 1 individual who represents the interests of the maritime labor organizations;

(vi) at least 1 individual who represents the interests of the academic community;

(vii) at least 1 individual who represents the interests of State or local governments; and

(viii) at least 1 individual who represents the interests of the maritime industry.

(B) Each Area Maritime Security Advisory Committee shall be composed of individuals who represents the interests of the port industry, terminal operators, port labor organizations, and other users of the port areas.
(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.—

(c) Chairperson and Vice Chairperson.—(1) Each committee established under subsection (a) shall elect 1 of its members as the Chairman and 1 of its members as the 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.
(2) 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.
(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.—

(d) Observers.—(1) The Secretary shall, and the head of any other interested Federal agency may, designate a representative to participate as an observer with the Committee.
(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.
(2) 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.).
(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.
(e) Consideration of Views.—The Secretary shall consider the information, advice, and recommendations of the Committee in formulating policy regarding matters affecting maritime security.
(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.—

(f) Compensation and Expenses.—(1) A member of a committee established under this section, when attending meetings of the committee or when otherwise engaged in the business of the committee, is entitled to receive—
(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—
(A) 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
(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
(B) travel or transportation expenses under section 5703 of title 5.
(ii) travel or transportation expenses under section 5703 of title 5.
(2) A member of such a 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.
(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.

(g) FACA; Termination.—(1) The Federal Advisory Committee Act (5 U.S.C. App.)—

(A) applies to the National Maritime Security Advisory Committee established under this section, except that such committee terminates on September 30, 2020; and

(B) does not apply to Area Maritime Security Advisory Committees established under this section.

(2) Not later than September 30, 2018, each committee established under this section shall submit to the Congress its recommendation regarding whether the committee should be renewed and continued beyond the termination date.

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

/46/usc/70112 · .json · Public domain