Current as of: January 2009
(a) Establishment of Committees. - (1) The Secretary shall
establish a National Maritime Security Advisory Committee. The
(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.
(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
(5) 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.
(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
(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
(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, 2008; and
(B) does not apply to Area Maritime Security Advisory
Committees established under this section.
(2) Not later than September 30, 2006, 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.
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