1625-0112 Stat/Authority

§ 70113

TITLE 46—SHIPPING

Page 418

(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.

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.

(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) 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 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) 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.

(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

(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.)
REFERENCES IN 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.
AMENDMENTS
2006—Subsec. (b)(5). Pub. L. 109–241 realigned margins.
2004—Subsec. (b)(5). Pub. L. 108–293 added par. (5).

§ 70113. Maritime intelligence
(a) IN GENERAL.—The Secretary shall implement a system to collect, integrate, and analyze
information concerning vessels operating on or
bound for waters subject to the jurisdiction of
the United States, including information related
to crew, passengers, cargo, and intermodal shipments. The system may include a vessel risk
profiling component that assigns incoming vessels a terrorism risk rating.
(b) CONSULTATION.—In developing the information system under subsection (a), the Secretary
shall consult with the Transportation Security
Oversight Board and other departments and
agencies, as appropriate.
(c) INFORMATION INTEGRATION.—To deter a
transportation security incident, the Secretary
may collect information from public and private
entities to the extent that the information is
not provided by other Federal departments and
agencies.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2082; amended Pub. L. 108–293, title
VIII, § 803(a), Aug. 9, 2004, 118 Stat. 1080.)
AMENDMENTS
2004—Subsec. (a). Pub. L. 108–293 inserted at end ‘‘The
system may include a vessel risk profiling component
that assigns incoming vessels a terrorism risk rating.’’

§ 70114. Automatic identification systems
(a) SYSTEM REQUIREMENTS.—(1) Subject to
paragraph (2), the following vessels, while operating on the navigable waters of the United
States, shall be equipped with and operate an
automatic identification system under regulations prescribed by the Secretary:
(A) A self-propelled commercial vessel of at
least 65 feet overall in length.
(B) A vessel carrying more than a number of
passengers for hire determined by the Secretary.

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§ 70116

TITLE 46—SHIPPING

(C) A towing vessel of more than 26 feet
overall in length and 600 horsepower.
(D) Any other vessel for which the Secretary
decides that an automatic identification system is necessary for the safe navigation of the
vessel.
(2) The Secretary may—
(A) exempt a vessel from paragraph (1) if the
Secretary finds that an automatic identification system is not necessary for the safe navigation of the vessel on the waters on which
the vessel operates; and
(B) waive the application of paragraph (1)
with respect to operation of vessels on navigable waters of the United States specified by
the Secretary if the Secretary finds that automatic identification systems are not needed
for safe navigation on those waters.
(b) REGULATIONS.—The Secretary shall prescribe regulations implementing subsection (a),
including requirements for the operation and
maintenance of the automatic identification
systems required under subsection (a).
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2082.)
EFFECTIVE DATE
Pub. L. 107–295, title I, § 102(e), Nov. 25, 2002, 116 Stat.
2084, provided that:
‘‘(1) SCHEDULE.—Section 70114 of title 46, United
States Code, as enacted by this Act, shall apply as follows:
‘‘(A) On and after January 1, 2003, to any vessel
built after that date.
‘‘(B) On and after July 1, 2003, to any vessel built
before the date referred to in subparagraph (A) that
is—
‘‘(i) a passenger vessel required to carry a certificate under the International Convention for the
Safety of Life at Sea, 1974 (SOLAS) [see 33 U.S.C.
1602 and notes thereunder];
‘‘(ii) a tanker; or
‘‘(iii) a towing vessel engaged in moving a tank
vessel.
‘‘(C) On and after December 31, 2004, to all other
vessels built before the date referred to in subparagraph (A).
‘‘(2) DEFINITION.—The terms in this subsection have
the same meaning as those terms have under section
2101 [now also 115] of title 46, United States Code.’’

§ 70115. Long-range vessel tracking system
Not later than April 1, 2007, the Secretary
shall, consistent with international treaties,
conventions, and agreements to which the
United States is a party, develop and implement
a long-range automated vessel tracking system
for all vessels in United States waters that are
equipped with the Global Maritime Distress and
Safety System or equivalent satellite technology. The system shall be designed to provide
the Secretary the capability of receiving information on vessel positions at interval positions
appropriate to deter transportation security incidents. The Secretary may use existing maritime organizations to collect and monitor tracking information under the system.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2083; amended Pub. L. 108–293, title
VIII, § 803(b), Aug. 9, 2004, 118 Stat. 1080; Pub. L.
109–347, title I, § 107(a), Oct. 13, 2006, 120 Stat.
1891.)

AMENDMENTS
2006—Pub. L. 109–347, in first sentence, substituted
‘‘Not later than April 1, 2007, the Secretary’’ for ‘‘The
Secretary’’.
2004—Pub. L. 108–293, in first sentence, substituted
‘‘shall, consistent with international treaties, conventions, and agreements to which the United States is a
party,’’ for ‘‘may’’.
REGULATIONS
Pub. L. 109–347, title I, § 107(b), Oct. 13, 2006, 120 Stat.
1891, provided that: ‘‘The Secretary [of Homeland Security] may issue regulations to establish a voluntary
long-range automated vessel tracking system for vessels described in section 70115 of title 46, United States
Code, during the period before regulations are issued
under such section.’’
LONG-RANGE VESSEL TRACKING SYSTEM
Pub. L. 109–241, title IV, § 404, July 11, 2006, 120 Stat.
535, provided that:
‘‘(a) PILOT PROJECT.—The Secretary of the department in which the Coast Guard is operating, acting
through the Commandant of the Coast Guard, shall
conduct a 3-year pilot program for long-range tracking
of up to 2,000 vessels using satellite systems with a nonprofit maritime organization that has a demonstrated
capability of operating a variety of satellite communications systems providing data to vessel tracking
software and hardware that provides long-range vessel
information to the Coast Guard to aid maritime security and response to maritime emergencies.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $4,000,000
for each of fiscal years 2006, 2007, and 2008 to carry out
subsection (a).’’

§ 70116. Secure systems of transportation
(a) IN GENERAL.—The Secretary, in consultation with the Transportation Security Oversight
Board, shall establish a program to evaluate and
certify secure systems of international intermodal transportation.
(b) ELEMENTS OF PROGRAM.—The program
shall include—
(1) establishing standards and procedures for
screening and evaluating cargo prior to loading in a foreign port for shipment to the
United States either directly or via a foreign
port;
(2) establishing standards and procedures for
securing cargo and monitoring that security
while in transit;
(3) developing performance standards to enhance the physical security of shipping containers, including standards for seals and
locks;
(4) establishing standards and procedures for
allowing the United States Government to ensure and validate compliance with this program; and
(5) any other measures the Secretary considers necessary to ensure the security and integrity of international intermodal transport
movements.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2083.)
REPORT ON SECURE SYSTEM OF TRANSPORTATION
PROGRAM
Pub. L. 107–295, title I, § 110(c), Nov. 25, 2002, 116 Stat.
2092, provided that:
‘‘Within 1 year after the secure system of transportation program is implemented under section 70116 of