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46 U.S.C. § 70112 — Maritime Security Advisory Committees

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70112 — Maritime Security Advisory Committees

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Source file: Laws/federal/codes/united-states-code/title-46/section-70112-maritime-security-advisory-committees--7a28b8eba8.md
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Source location: Title 46, Chapter 701, § 70112; chapter-701-port-security.md

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**(a) National Maritime Security Advisory 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section15109&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section15109&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1009/c&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) including travel time; and (ii) travel or transportation expenses under [section 5703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim). (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.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70103 — Maritime transportation security plans

**(a) National Maritime Transportation Security Plan.—** (1) The Secretary shall prepare a National Maritime Transportation Security Plan for deterring and responding to a transportation security incident. (2) The National Maritime Transportation Security Plan shall provide for efficient, coordinated, and effective action to deter and minimize damage from a transportation security incident, and shall include the following: (A) Assignment of duties and responsibilities among Federal departments and agencies and coordination with State and local governmental agencies. (B) Identification of security resources. (C) Procedures and techniques to be employed in deterring a national transportation security incident. (D) Establishment of procedures for the coordination of activities of— (i) Coast Guard maritime security teams established under this chapter; and (ii) Federal Maritime Security Coordinators required under this chapter. (E) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of a transportation security incident and imminent threats of such a security incident to the appropriate State and Federal agencies. (F) Establishment of criteria and procedures to ensure immediate and effective Federal identification of a transportation security incident, or the substantial threat of such a security incident. (G) Designation of— (i) areas for which Area Maritime Transportation Security Plans are required to be prepared under subsection (b); and (ii) a Coast Guard official who shall be the Federal Maritime Security Coordinator for each such area. (H) A risk-based system for evaluating the potential for violations of security zones designated by the Secretary on the waters subj

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70103

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70101 — Definitions

For the purpose of this chapter: (1) The term “Area Maritime Transportation Security Plan” means an Area Maritime Transportation Security Plan prepared under section 70103(b). (2) The term “cybersecurity risk” has the meaning given the term in section 2200 of the Homeland Security Act of 2002. (3) The term “facility” means any structure or facility of any kind located in, on, under, or adjacent to any waters subject to the jurisdiction of the United States. (4) The term “National Maritime Transportation Security Plan” means the National Maritime Transportation Security Plan prepared and published under section 70103(a). (5) The term “owner or operator” means— (A) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel; and (B) in the case of a facility, any person owning, leasing, or operating such facility. (6) The term “Secretary” means the Secretary of the department in which the Coast Guard is operating. (7) The term “transportation security incident” means a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area. In this paragraph, the term “economic disruption” does not include a work stoppage or other employee-related action not related to terrorism and resulting from an employee-employer dispute.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5703 — Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 15109 — Administration

**(a) Meetings.—** (1) **In general.—** — Except as provided in paragraph (2), each committee established under this chapter or to which this chapter applies shall, at least once each year, meet at the call of the Secretary or a majority of the members of the committee. (2) **Minimum requirements.—** — The committee established under section 15102 shall— (A) meet in-person, not less frequently than twice each year, at the call of the Secretary of a majority of the members of the committee; (B) hold additional meetings as necessary; (C) post the minutes of each meeting of the committee on a publicly available website not later than 2 weeks after the date on which a meeting concludes; and (D) provide reasonable public notice of any meeting of the committee, and publish such notice in the Federal Register and on a publicly available website. **(b) Employee Status.—** A member of a committee established under this chapter or to which this chapter applies shall not be considered an employee of the Federal Government by reason of service on such committee, except for the purposes of the following: (1) Chapter 81 of title 5. (2) Chapter 171 of title 28 and any other Federal law relating to tort liability. **(c) Compensation.—** Notwithstanding subsection (b), a member of a committee established under this chapter or to which this chapter applies, when actually engaged in the performance of the duties of such committee, may— (1) receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under [section 5376 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5376&num=0&edition=prelim); or (2) if not compensated in accordance with paragraph (1)— (A) be reimbursed for actual an

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5332 — The General Schedule

**(a)** (1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. (2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303. **(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70102 — United States facility and vessel vulnerability assessments

**(a) Initial Assessments.—** The Secretary shall conduct an assessment of vessel types and United States facilities on or adjacent to the waters subject to the jurisdiction of the United States to identify those vessel types and United States facilities that pose a high risk of being involved in a transportation security incident. **(b) Facility and Vessel Assessments.—** (1) Based on the information gathered under subsection (a) of this section, the Secretary shall conduct a detailed vulnerability assessment of the facilities and vessels that may be involved in a transportation security incident. The vulnerability assessment shall include the following: (A) Identification and evaluation of critical assets and infrastructures. (B) Identification of the threats to those assets and infrastructures. (C) Identification of weaknesses in physical security, security against cybersecurity risks, passenger and cargo security, structural integrity, protection systems, procedural policies, communications systems, transportation infrastructure, utilities, contingency response, and other areas as determined by the Secretary. (2) Upon completion of an assessment under this subsection for a facility or vessel, the Secretary shall provide the owner or operator with a copy of the vulnerability assessment for that facility or vessel. (3) The Secretary shall update each vulnerability assessment conducted under this section at least every 5 years. (4) In lieu of conducting a facility or vessel vulnerability assessment under paragraph (1), the Secretary may accept an alternative assessment conducted by or on behalf of the owner or operator of the facility or vessel if the Secretary determines that the alternative assessment includes the matters required under paragraph (1).

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 216 — Surface Transportation Security Advisory Committee

**(a) Establishment** The Administrator of the Transportation Security Administration (referred to in this section as “Administrator”) shall establish within the Transportation Security Administration the Surface Transportation Security Advisory Committee (referred to in this section as the “Advisory Committee”). **(b) Duties** (1) **In general** — The Advisory Committee may advise, consult with, report to, and make recommendations to the Administrator on surface transportation security matters, including the development, refinement, and implementation of policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security. (2) **Risk-based security** — The Advisory Committee shall consider risk-based security approaches in the performance of its duties. **(c) Membership** (1) **Composition** — The Advisory Committee shall be composed of— (A) voting members appointed by the Administrator under paragraph (2); and (B) nonvoting members, serving in an advisory capacity, who shall be designated by— (i) the Transportation Security Administration; (ii) the Department of Transportation; (iii) the Coast Guard; and (iv) such other Federal department or agency as the Administrator considers appropriate. (2) **Appointment** — The Administrator shall appoint voting members from among stakeholders representing each mode of surface transportation, such as passenger rail, freight rail, mass transit, pipelines, highways, over-the-road bus, school bus industry, and trucking, including representatives from— (A) associations representing such modes of surface transportation; (B) labor organizations representing such modes of surface transportation; (C) groups representing the users of such modes of sur

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70112 — Maritime Security Advisory Committees

Page 584 TITLE 46—SHIPPING § 70112 Editorial Notes REFERENCES IN TEXT The date of enactment of the SAFE Port Act, re- ferred to in subsecs. (a) and (b), is the date of enact- ment of Pub. L. 109–347, which was approved Oct. 13, 2006. AMENDMENTS 2006—Subsecs. (a), (b). Pub. L. 109–347 substituted ‘‘Not later than 1 year after the date of enactment of the SAFE Port Act, the’’ for ‘‘The’’. Statutory Notes and Related Subsidiaries INTERNATIONAL SEAFARER IDENTIFICATION Pub. L. 107–295, title I, § 103, Nov. 25, 2002, 116 Stat. 2084, provided that: ‘‘(a) TREATY INITIATIVE.—The Secretary of the depart- ment in which the Coast Guard is operating is encour- aged to negotiate an international agreement, or an amendment to an international agreement, that pro- vides for a uniform, comprehensive, international sys- tem of identification for seafarers that will enable the United States and another country to establish au- thoritatively the identity of any seafarer aboard a ves- sel within the jurisdiction, including the territorial wa- ters, of the United States or such other country. ‘‘(b) LEGISLATIVE ALTERNATIVE.—If the Secretary fails to complete a negotiation process undertaken under subsection (a) within 24 months after the date of enactment of this Act [Nov. 25, 2002], the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a draft of legislation that, if enacted, would establish a uniform, comprehensive sys- tem of identification for seafarers.’’ [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to

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