### §665e. Cybersecurity Advisory Committee

#### (a) Establishment

The Secretary shall establish within the Agency a Cybersecurity Advisory Committee (referred to in this section as the "Advisory Committee").

#### (b) Duties

#### (1) In general

The Advisory Committee shall advise, consult with, report to, and make recommendations to the Director, as appropriate, on the development, refinement, and implementation of policies, programs, planning, and training pertaining to the cybersecurity mission of the Agency.

#### (2) Recommendations

#### (A) In general

The Advisory Committee shall develop, at the request of the Director, recommendations for improvements to advance the cybersecurity mission of the Agency and strengthen the cybersecurity of the United States.

#### (B) Recommendations of subcommittees

Recommendations agreed upon by subcommittees established under subsection (d) for any year shall be approved by the Advisory Committee before the Advisory Committee submits to the Director the annual report under paragraph (4) for that year.

#### (3) Periodic reports

The Advisory Committee shall periodically submit to the Director—

(A) reports on matters identified by the Director; and

(B) reports on other matters identified by a majority of the members of the Advisory Committee.

#### (4) Annual report

#### (A) In general

The Advisory Committee shall submit to the Director an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year.

#### (B) Publication

Not later than 180 days after the date on which the Director receives an annual report for a year under subparagraph (A), the Director shall publish a public version of the report describing the activities of the Advisory Committee and such related matters as would be informative to the public during that year, consistent with section 552(b) of title 5.

#### (5) Feedback

Not later than 90 days after receiving any recommendation submitted by the Advisory Committee under paragraph (2), (3), or (4), the Director shall respond in writing to the Advisory Committee with feedback on the recommendation. Such a response shall include—

(A) with respect to any recommendation with which the Director concurs, an action plan to implement the recommendation; and

(B) with respect to any recommendation with which the Director does not concur, a justification for why the Director does not plan to implement the recommendation.

#### (6) Congressional notification

Not less frequently than once per year after January 1, 2021, the Director shall provide to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives a briefing on feedback from the Advisory Committee.

#### (7) Governance rules

The Director shall establish rules for the structure and governance of the Advisory Committee and all subcommittees established under subsection (d).

#### (c) Membership

#### (1) Appointment

#### (A) In general

Not later than 180 days after the date of enactment of the Cybersecurity Advisory Committee Authorization Act of 2020,1 the Director shall appoint the members of the Advisory Committee.

#### (B) Composition

The membership of the Advisory Committee shall consist of not more than 35 individuals.

#### (C) Representation

#### (i) In general

The membership of the Advisory Committee shall satisfy the following criteria:

(I) Consist of subject matter experts.

(II) Be geographically balanced.

(III) Include representatives of State, local, and Tribal governments and of a broad range of industries, which may include the following:

(aa) Defense.

(bb) Education.

(cc) Financial services and insurance.

(dd) Healthcare.

(ee) Manufacturing.

(ff) Media and entertainment.

(gg) Chemicals.

(hh) Retail.

(ii) Transportation.

(jj) Energy.

(kk) Information Technology.

(ll) Communications.

(mm) Other relevant fields identified by the Director.

#### (ii) Prohibition

Not fewer than one member nor more than three members may represent any one category under clause (i)(III).

#### (iii) Publication of membership list

The Advisory Committee shall publish its membership list on a publicly available website not less than once per fiscal year and shall update the membership list as changes occur.

#### (2) Term of office

#### (A) Terms

The term of each member of the Advisory Committee shall be two years, except that a member may continue to serve until a successor is appointed.

#### (B) Removal

The Director may review the participation of a member of the Advisory Committee and remove such member any time at the discretion of the Director.

#### (C) Reappointment

A member of the Advisory Committee may be reappointed for an unlimited number of terms.

#### (3) Prohibition on compensation

The members of the Advisory Committee may not receive pay or benefits from the United States Government by reason of their service on the Advisory Committee.

#### (4) Meetings

#### (A) In general

The Director shall require the Advisory Committee to meet not less frequently than semiannually, and may convene additional meetings as necessary.

#### (B) Public meetings

At least one of the meetings referred to in subparagraph (A) shall be open to the public.

#### (C) Attendance

The Advisory Committee shall maintain a record of the persons present at each meeting.

#### (5) Member access to classified information

#### (A) In general

Not later than 60 days after the date on which a member is first appointed to the Advisory Committee and before the member is granted access to any classified information, the Director shall determine, for the purposes of the Advisory Committee, if the member should be restricted from reviewing, discussing, or possessing classified information.

#### (B) Access

Access to classified materials shall be managed in accordance with Executive Order No. 13526 of December 29, 2009 (75 Fed. Reg. 707), or any subsequent corresponding Executive Order.

#### (C) Protections

A member of the Advisory Committee shall protect all classified information in accordance with the applicable requirements for the particular level of classification of such information.

#### (D) Rule of construction

Nothing in this paragraph shall be construed to affect the security clearance of a member of the Advisory Committee or the authority of a Federal agency to provide a member of the Advisory Committee access to classified information.

#### (6) Chairperson

The Advisory Committee shall select, from among the members of the Advisory Committee—

(A) a member to serve as chairperson of the Advisory Committee; and

(B) a member to serve as chairperson of each subcommittee of the Advisory Committee established under subsection (d).

#### (d) Subcommittees

#### (1) In general

The Director shall establish subcommittees within the Advisory Committee to address cybersecurity issues, which may include the following:

(A) Information exchange.

(B) Critical infrastructure.

(C) Risk management.

(D) Public and private partnerships.

#### (2) Meetings and reporting

Each subcommittee shall meet not less frequently than semiannually, and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including activities, findings, and recommendations, regarding subject matter considered by the subcommittee.

#### (3) Subject matter experts

The chair of the Advisory Committee shall appoint members to subcommittees and shall ensure that each member appointed to a subcommittee has subject matter expertise relevant to the subject matter of the subcommittee.

(Pub. L. 107–296, title XXII, §2219, formerly §2216, as added Pub. L. 116–283, div. A, title XVII, §1718(a), Jan. 1, 2021, 134 Stat. 4102; renumbered §2219 and amended Pub. L. 117–81, div. A, title XV, §1547(b)(1)(A)(vi), Dec. 27, 2021, 135 Stat. 2061.)

#### **Editorial Notes**

#### References in Text

The date of enactment of the Cybersecurity Advisory Committee Authorization Act of 2020, referred to in subsec. (c)(1)(A), probably means the date of enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, Pub. L. 116–283, which was approved Jan. 1, 2021. No act named the Cybersecurity Advisory Committee Authorization Act of 2020 has been enacted. However, a bill, S. 4024, entitled "Cybersecurity Advisory Committee Authorization Act of 2020" was introduced to Senate on June 22, 2020.

Executive Order No. 13526, referred to in subsec. (c)(5)(B), is Ex. Ord. No. 13526, Dec. 29, 2009, 75 F.R. 707, set out as a note under section 3161 of Title 50, War and National Defense.

#### Amendments

2021—Pub. L. 117–81 reenacted section catchline.

1 See References in Text note below.