46 U.S.C. § 70112 (SHIPPING)
§ 70112. Maritime Security Advisory Committees
(a) Establishment of Committees.—
(1) The Secretary shall establish a National Maritime Security Advisory Committee. The Committee—
(A) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to national maritime security matters, including on enhancing the sharing of information related to cybersecurity risks that may cause a transportation security incident, between relevant Federal agencies and—
(i) State, local, and tribal governments;
(ii) relevant public safety and emergency response agencies;
(iii) relevant law enforcement and security organizations;
(iv) maritime industry;
(v) port owners and operators; and
(vi) terminal owners and operators;; 1
(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.
(2)
(A) 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) A committee established under this paragraph 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.
(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.
(2) The term of each member 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.
(4) The Secretary may require an individual to have passed an appropriate security background examination before appointment to the Committee.
(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.
(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.
(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.
(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.
(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.).
(e) Consideration of Views.—
The Secretary shall consider the information, advice, and recommendations of the Committee in formulating policy regarding matters affecting maritime security.
(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) 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.
(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.
(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.
(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.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsecs. (d)(2) and (g)(1), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Amendments
text: 2018—Subsec. (a)(1)(A). Pub. L. 115–254 inserted “, including on enhancing the sharing of information related to cybersecurity risks that may cause a transportation security incident, between relevant Federal agencies and—” in introductory provisions and added cls. (i) to (vi).
2010—Subsec. (b)(5). Pub. L. 111–281, § 810(1), amended par. (5) generally. Prior to amendment par. (5) read as follows: “The membership of an Area Maritime Security Advisory Committee shall include representatives of the port industry, terminal operators, port labor organizations, and other users of the port areas.”
Subsec. (g)(1)(A). Pub. L. 111–281, § 810(2)(A), substituted “2020;” for “2008;”.
Subsec. (g)(2). Pub. L. 111–281, § 810(2)(B), substituted “2018” for “2006”.
2006—Subsec. (b)(5). Pub. L. 109–241 realigned margins.
2004—Subsec. (b)(5). Pub. L. 108–293 added par. (5).
heading: Cybersecurity Information Sharing and Coordination in Ports
text: Pub. L. 115–254, div. J, § 1805(a), Oct. 5, 2018, 132 Stat. 3533, provided that:
“(a) Maritime Cybersecurity Risk Assessment Model.—
The Secretary of Homeland Security, through the Commandant of the Coast Guard and the Under Secretary responsible for overseeing the critical infrastructure protection, cybersecurity, and other related programs of the Department of Homeland Security, shall—
“(1) not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], coordinate with the National Maritime Security Advisory Committee, the Area Maritime Security Advisory Committees, and other maritime stakeholders, as necessary, to develop and implement a maritime cybersecurity risk assessment model, consistent with the activities described in section 2(e) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e)), to evaluate current and future cybersecurity risks that have the potential to affect the marine transportation system or that would cause a transportation security incident (as defined in section 70101 of title 46, United States Code) in ports; and
“(2) not less than biennially thereafter, evaluate the effectiveness of the cybersecurity risk assessment model established under paragraph (1).”
heading: Information Sharing
text: Pub. L. 115–254, div. J, § 1805(c)(2), Oct. 5, 2018, 132 Stat. 3534, provided that:
“The Commandant of the Coast Guard and the Under Secretary responsible for overseeing the critical infrastructure protection, cybersecurity, and other related programs of the Department of Homeland Security shall—
“(A) ensure there is a process for each Area Maritime Security Advisory Committee established under section 70112 of title 46, United States Code—
“(i) to facilitate the sharing of information related to cybersecurity risks that may cause transportation security incidents;
“(ii) to timely report transportation security incidents to the national level; and
“(iii) to disseminate such reports across the entire maritime transportation system via the National Cybersecurity and Communications Integration Center; and
“(B) issue voluntary guidance for the management of such cybersecurity risks in each Area Maritime Transportation Security Plan and facility security plan required under section 70103 of title 46, United States Code, approved after the date that the cybersecurity risk assessment model is developed under subsection (a) of this section [set out as a note above].”