1625-0112 Stat/Authority

Page 505

§ 70115

TITLE 46—SHIPPING

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).’’
INFORMATION SHARING
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].’’

§ 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 oper-

ating 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.
(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

§ 70116

TITLE 46—SHIPPING

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. Port, harbor, and coastal facility security
(a) GENERAL AUTHORITY.—The Secretary may
take actions described in subsection (b) to prevent or respond to an act of terrorism against—
(1) an individual, vessel, or public or commercial structure, that is—
(A) subject to the jurisdiction of the
United States; and
(B) located within or adjacent to the marine environment; or
(2) a vessel of the United States or an individual on board that vessel.
(b) SPECIFIC AUTHORITY.—Under subsection (a),
the Secretary may—
(1) carry out or require measures, including
inspections, port and harbor patrols, the establishment of security and safety zones, and
the development of contingency plans and procedures, to prevent or respond to acts of terrorism;
(2) recruit members of the Regular Coast
Guard and the Coast Guard Reserve and train
members of the Regular Coast Guard and the
Coast Guard Reserve in the techniques of preventing and responding to acts of terrorism;
and

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(3) dispatch properly trained and qualified
armed Coast Guard personnel on vessels and
public or commercial structures on or adjacent to waters subject to United States jurisdiction to deter or respond to acts of terrorism
or transportation security incidents, as defined in section 70101 of title 46, United States
Code.
(c) DEFINITIONS, ADMINISTRATION, AND ENFORCEMENT.—This section shall be treated as
part of chapter 700 for purposes of sections 70031,
70032, 70034, 70035, and 70036.
(Added and amended Pub. L. 115–282, title IV,
§ 402(b)(1), (2), Dec. 4, 2018, 132 Stat. 4264.)
CODIFICATION
Section, as added and amended by Pub. L. 115–282, is
based on subsecs. (a) and (b) of Pub. L. 92–340, § 7, as
added Pub. L. 99–399, title IX, § 906, Aug. 27, 1986, 100
Stat. 890; amended Pub. L. 107–295, title I, § 107(a), Nov.
25, 2002, 116 Stat. 2088, which was formerly classified to
section 1226(a), (b) of Title 33, Navigation and Navigable
Waters, before being transferred to this chapter and renumbered as this section. Subsections (a) and (b) of section 7 of Pub. L. 92–340 were also renumbered as section
70102a of this title by Pub. L. 115–282, title IV, § 408(a),
Dec. 4, 2018, 132 Stat. 4268.
PRIOR PROVISIONS
A prior section 70116, added Pub. L. 107–295, title I,
§ 102(a), Nov. 25, 2002, 116 Stat. 2083, related to secure
systems of transportation, prior to repeal by Pub. L.
115–254, div. J, § 1809(b), Oct. 5, 2018, 132 Stat. 3538.
AMENDMENTS
2018—Pub. L. 115–282, § 402(b)(1), transferred section
catchline and subsecs. (a) and (b) of section 7 of Pub. L.
92–340 to this chapter and redesignated them as this
section. See Codification note above. Catchline text
was editorially conformed to the style used in this
title.
Subsec. (c). Pub. L. 115–282, § 402(b)(2), added subsec.
(c).

[§ 70117. Repealed. Pub. L. 111–281, title II,
§ 208(b), Oct. 15, 2010, 124 Stat. 2912]
Section, added Pub. L. 108–293, title VIII, § 801(a), Aug.
9, 2004, 118 Stat. 1078, § 70118; renumbered § 70117, Pub. L.
109–241, title IX, § 901(l)(1), July 11, 2006, 120 Stat. 565;
Pub. L. 109–304, § 15(33)(A), Oct. 6, 2006, 120 Stat. 1705;
Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28,
2008, 122 Stat. 603, related to firearms, arrests, and seizure of property.
PRIOR PROVISIONS
A prior section 70117 was renumbered section 70120 of
this title.
Another prior section 70117 was renumbered section
70119 of this title.

§ 70118. Enforcement by State and local officers
(a) IN GENERAL.—Any State or local government law enforcement officer who has authority
to enforce State criminal laws may make an arrest for violation of a security zone regulation
prescribed under section 1 1 of title II of the Act
of June 15, 1917 (chapter 30; 50 U.S.C. 191) or security or safety zone regulation under section
7(b) 1 of the Ports and Waterways Safety Act (33
U.S.C. 1226(b)) or a safety zone regulation prescribed under section 10(d) of the Deepwater
1 See

References in Text note below.