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