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 the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] § 70112. Maritime Security Advisory Committees (a) NATIONAL MARITIME SECURITY ADVISORY COMMITTEE.— (1) ESTABLISHMENT.—There is established a National Maritime Security Advisory Com- mittee (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 transpor- tation 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 Sec- retary in accordance with this subsection and section 15109 of this title. (B) EXPERTISE.—Each member of the Com- mittee shall have particular expertise, knowledge, and experience in matters relat- ing to the function of the Committee. (C) REPRESENTATION.—Each of the fol- lowing 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 con- sists of at least 8 members who, together, satisfy the minimum representation require- ments of subparagraph (C), the Secretary shall, based on the needs of the Coast Guard, determine the number of additional mem- bers of the Committee who represent each entity specified in that subparagraph. Nei- ther this subparagraph nor any other provi- sion 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, the Committee shall be treated as a committee established under chapter 151 of such title. (b) AREA MARITIME SECURITY ADVISORY COM- MITTEES.— (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 Transpor- tation Security Plan developed under sec- tion 70103(b) and make recommendations to the Secretary that the committee con- siders appropriate. (B) ADDITIONAL FUNCTIONS AND MEETINGS.— A committee established under this sub- section for an area— (i) may advise, consult with, report to, and make recommendations to the Sec- retary on matters relating to maritime se- curity 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 cal- endar year; or (II) a majority of the committee. (2) MEMBERSHIP.— (A) IN GENERAL.—Each committee estab- lished under this subsection shall consist of at least 7 members appointed by the Sec- retary, 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. Page 585 TITLE 46—SHIPPING § 70112 (C) NOTICE.—Before appointing an indi- vidual to a position on a committee estab- lished under this subsection, the Secretary shall publish a notice in the Federal Reg- ister soliciting nominations for membership on the committee. (D) BACKGROUND EXAMINATIONS.—The Sec- retary may require an individual to have passed an appropriate security background examination before appointment to a com- mittee established under this subsection. (E) REPRESENTATION.—Each committee es- tablished under this subsection shall be com- posed of individuals who represent the inter- ests 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 estab- lished under this subsection shall elect 1 of the committee’s members as the Chair- person and 1 of the committee’s members as the Vice Chairperson. (B) VICE CHAIRPERSON ACTING AS CHAIR- PERSON.—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 rep- resentative to a committee established under this subsection shall act as the execu- tive secretary of the committee and shall perform the duties set forth in section 1009(c) of title 5. (5) CONSIDERATION OF VIEWS.—The Secretary shall consider the information, advice, and recommendations of each committee estab- lished under this subsection in formulating policy regarding matters affecting maritime security. (6) COMPENSATION AND EXPENSES.— (A) IN GENERAL.—A member of a com- mittee 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 equiva- lent of the current rate of basic pay in ef- fect for GS–15 of the General Schedule under section 5332 of title 5 including trav- el time; and (ii) travel or transportation expenses under section 5703 of title 5. (B) STATUS.—A member of a committee es- tablished 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 para- graph. (7) CHAPTER 10 OF TITLE 5.—Chapter 10 of title 5 does not apply to a committee estab- lished under this subsection. (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; Pub. L. 111–281, title VIII, § 810, Oct. 15, 2010, 124 Stat. 2995; Pub. L. 115–254, div. J, § 1805(c)(1), Oct. 5, 2018, 132 Stat. 3534; Pub. L. 115–282, title VI, § 602(a), Dec. 4, 2018, 132 Stat. 4290; Pub. L. 117–286, § 4(a)(294), (295), Dec. 27, 2022, 136 Stat. 4338.) Editorial Notes AMENDMENTS 2022—Subsec. (b)(4)(B). Pub. L. 117–286, § 4(a)(294), sub- stituted ‘‘section 1009(c) of title 5.’’ for ‘‘section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).’’ Subsec. (b)(7). Pub. L. 117–286, § 4(a)(295), substituted ‘‘Chapter 10 of title 5’’ for ‘‘FACA’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Com- mittee Act (5 U.S.C. App.)’’ in text. 2018—Pub. L. 115–282, § 602(a), amended section gen- erally. Prior to amendment, section required Secretary to establish a National Maritime Security Advisory Committee and authorized Secretary to establish an Area Maritime Security Advisory Committee for any port area of the United States. Subsec. (a)(1)(A). Pub. L. 115–254 inserted ‘‘, including on enhancing the sharing of information related to cybersecurity risks that may cause a transportation se- curity incident, between relevant Federal agencies and—’’ in introductory provisions and added cls. (i) to (vi). 2010—Subsec. (b)(5). Pub. L. 111–281, § 810(1), amended par. (5) generally. Prior to amendment par. (5) read as follows: ‘‘The membership of an Area Maritime Secu- rity Advisory Committee shall include representatives of the port industry, terminal operators, port labor or- ganizations, and other users of the port areas.’’ Subsec. (g)(1)(A). Pub. L. 111–281, § 810(2)(A), sub- stituted ‘‘2020;’’ for ‘‘2008;’’. Subsec. (g)(2). Pub. L. 111–281, § 810(2)(B), substituted ‘‘2018’’ for ‘‘2006’’. 2006—Subsec. (b)(5). Pub. L. 109–241 realigned margins. 2004—Subsec. (b)(5). Pub. L. 108–293 added par. (5). Statutory Notes and Related Subsidiaries TREATMENT OF EXISTING COMMITTEE Pub. L. 115–282, title VI, § 602(b), Dec. 4, 2018, 132 Stat. 4293, provided that: ‘‘Notwithstanding any other provi- sion of law— ‘‘(1) an advisory committee substantially similar to the National Maritime Security Advisory Committee established under section 70112(a) of title 46, United States Code, as amended by this section, and that was in force or in effect on the day before the date of enactment of this section [Dec. 4, 2018], may remain in force or in effect for a period of 2 years from the date of enactment of this section, including that the charter, membership, and other aspects of the com- mittee may remain in force or in effect; and ‘‘(2) during the 2-year period referenced in para- graph (1)— ‘‘(A) requirements relating to the National Mari- time Security Advisory Committee established under section 70112(a) of title 46, United States Code, as amended by this section, shall be treated as satisfied by the substantially similar advisory committee; and ‘‘(B) the enactment of this section, including the amendments made in this section, shall not be the basis— ‘‘(i) to deem, find, or declare such committee, including the charter, membership, and other as- pects thereof, void, not in force, or not in effect; ‘‘(ii) to suspend the activities of such com- mittee; or Page 586 TITLE 46—SHIPPING § 70113 ‘‘(iii) to bar the members of such committee from meeting.’’ CYBERSECURITY INFORMATION SHARING AND COORDINATION IN PORTS Pub. L. 115–254, div. J, § 1805(a), Oct. 5, 2018, 132 Stat. 3533, provided that: ‘‘(a) MARITIME CYBERSECURITY RISK ASSESSMENT MODEL.—The Secretary of Homeland Security, through the Commandant of the Coast Guard and the Under Secretary responsible for overseeing the critical infra- structure protection, cybersecurity, and other related programs of the Department of Homeland Security, shall— ‘‘(1) not later than 1 year after the date of enact- ment of this Act [Oct. 5, 2018], coordinate with the National Maritime Security Advisory Committee, the Area Maritime Security Advisory Committees, and other maritime stakeholders, as necessary, to de- velop and implement a maritime cybersecurity risk assessment model, consistent with the activities de- scribed 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 transpor- tation 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 De- partment of Homeland Security shall— ‘‘(A) ensure there is a process for each Area Mari- time Security Advisory Committee established under section 70112 of title 46, United States Code— ‘‘(i) to facilitate the sharing of information re- lated to cybersecurity risks that may cause trans- portation security incidents; ‘‘(ii) to timely report transportation security in- cidents to the national level; and ‘‘(iii) to disseminate such reports across the en- tire maritime transportation system via the Na- tional Cybersecurity and Communications Integra- tion 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 imple- ment 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 ship- ments. The system may include a vessel risk profiling component that assigns incoming ves- sels a terrorism risk rating. (b) CONSULTATION.—In developing the informa- tion 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.) Editorial Notes 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 regula- tions 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 Sec- retary. (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 sys- tem 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 identifica- tion system is not necessary for the safe navi- gation 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 navi- gable waters of the United States specified by the Secretary if the Secretary finds that auto- matic identification systems are not needed for safe navigation on those waters. (b) REGULATIONS.—The Secretary shall pre- scribe 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.) Statutory Notes and Related Subsidiaries 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 fol- lows: ‘‘(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 certifi- cate 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