Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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title: "46 U.S.C. § 70102"
description: "United States facility and vessel vulnerability assessments"
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# 46 U.S.C. § 70102 - United States facility and vessel vulnerability assessments
## Text
(a) Initial Assessments.— The Secretary shall conduct an assessment of vessel types and United States facilities on or adjacent to the waters subject to the jurisdiction of the United States to identify those vessel types and United States facilities that pose a high risk of being involved in a transportation security incident.
(b) Facility and Vessel Assessments.— (1) Based on the information gathered under subsection (a) of this section, the Secretary shall conduct a detailed vulnerability assessment of the facilities and vessels that may be involved in a transportation security incident. The vulnerability assessment shall include the following:
(A) Identification and evaluation of critical assets and infrastructures.
(B) Identification of the threats to those assets and infrastructures.
(C) Identification of weaknesses in physical security, security against cybersecurity risks, passenger and cargo security, structural integrity, protection systems, procedural policies, communications systems, transportation infrastructure, utilities, contingency response, and other areas as determined by the Secretary.
(2) Upon completion of an assessment under this subsection for a facility or vessel, the Secretary shall provide the owner or operator with a copy of the vulnerability assessment for that facility or vessel.
(3) The Secretary shall update each vulnerability assessment conducted under this section at least every 5 years.
(4) In lieu of conducting a facility or vessel vulnerability assessment under paragraph (1), the Secretary may accept an alternative assessment conducted by or on behalf of the owner or operator of the facility or vessel if the Secretary determines that the alternative assessment includes the matters required under paragraph (1).
(c) Sharing of Assessment Integration of Plans and Equipment.— The owner or operator of a facility, consistent with any Federal security restrictions, shall—
(1) make a current copy of the vulnerability assessment conducted under subsection (b) available to the port authority with jurisdiction of the facility and appropriate State or local law enforcement agencies; and
(2) integrate, to the maximum extent practical, any security system for the facility with compatible systems operated or maintained by the appropriate State, law enforcement agencies, and the Coast Guard.
(Added Pub. L. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2068; amended Pub. L. 108458, title IV, § 4072(b), Dec. 17, 2004, 118 Stat. 3730; Pub. L. 111281, title VIII, § 822, Oct. 15, 2010, 124 Stat. 3003; Pub. L. 115254, div. J, § 1805(d)(1), Oct. 5, 2018, 132 Stat. 3535.)
## Notes
Editorial Notes
Amendments2018—Subsec. (b)(1). Pub. L. 115254, § 1805(d)(1)(A), struck out “and by not later than December 31, 2004” after “subsection (a) of this section” in introductory provisions. Subsec. (b)(1)(C). Pub. L. 115254, § 1805(d)(1)(B), inserted “security against cybersecurity risks,” after “physical security,”. 2010—Subsec. (c). Pub. L. 111281 added subsec. (c). 2004—Subsec. (b)(1). Pub. L. 108458 substituted “and by not later than December 31, 2004, the Secretary” for “, the Secretary” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentPub. L. 115254, div. J, § 1805(d)(3), Oct. 5, 2018, 132 Stat. 3535, provided that: “The amendments made by this subsection [amending this section and section 70103 of this title] shall apply to assessments or security plans, or updates to such assessments or plans, submitted after the date that the cybersecurity risk assessment model is developed under subsection (a) [46 U.S.C. 70112 note].”
Coordination with TSA on Maritime FacilitiesPub. L. 115254, div. J, § 1803, Oct. 5, 2018, 132 Stat. 3533, provided that: “The Secretary of Homeland Security shall— “(1) provide the Administrator of the TSA [Transportation Security Administration] with updates to vulnerability assessments required under section 70102(b)(3) of title 46, United States Code, to avoid any duplication of effort between the Coast Guard and the TSA; and “(2) identify any security gaps between authorities of operating entities within the Department of Homeland Security that a threat could exploit to cause a transportation security incident (as defined in section 70101 of title 46, United States Code).”
Definitions Pub. L. 115254, div. J, § 1802, Oct. 5, 2018, 132 Stat. 3533, provided that: “In this division [see section 1801 of Pub. L. 115254, set out as a Short Title of 2018 Amendment note under section 101 of this title]: “(1) Appropriate committees of congress.—The term appropriate committees of Congress means—“(A) the Committee on Commerce, Science, and Transportation of the Senate; “(B) the Committee on Homeland Security and Governmental Affairs of the Senate; “(C) the Committee on Homeland Security of the House of Representatives; and “(D) the Committee on Transportation and Infrastructure of the House of Representatives. “(2) TSA.—The term TSA means the Transportation Security Administration.”
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# 46 U.S.C. § 70102a - Repealed. Pub. L. 116283, div. G, title LVXXXV [LXXXV], § 8507(d)(1), Jan. 1, 2021, 134 Stat. 4754]
## Notes
Section, as added and amended Pub. L. 115282, title IV, § 408(a), (b), Dec. 4, 2018, 132 Stat. 4268, related to port, harbor, and coastal facility security.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Dec. 4, 2018, and as if included in Pub. L. 115—282, see section 8507(d)(7) of Pub. L. 116—283, set out as an Effective Date of 2021 Amendment note under section 1226 of Title 33, Navigation and Navigable Waters.
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# 46 U.S.C. § 70103 - Maritime transportation security plans
## Text
(a) National Maritime Transportation Security Plan.— (1) The Secretary shall prepare a National Maritime Transportation Security Plan for deterring and responding to a transportation security incident.
(2) The National Maritime Transportation Security Plan shall provide for efficient, coordinated, and effective action to deter and minimize damage from a transportation security incident, and shall include the following:
(A) Assignment of duties and responsibilities among Federal departments and agencies and coordination with State and local governmental agencies.
(B) Identification of security resources.
(C) Procedures and techniques to be employed in deterring a national transportation security incident.
(D) Establishment of procedures for the coordination of activities of—
(i) Coast Guard maritime security teams established under this chapter; and
(ii) Federal Maritime Security Coordinators required under this chapter.
(E) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of a transportation security incident and imminent threats of such a security incident to the appropriate State and Federal agencies.
(F) Establishment of criteria and procedures to ensure immediate and effective Federal identification of a transportation security incident, or the substantial threat of such a security incident.
(G) Designation of—
(i) areas for which Area Maritime Transportation Security Plans are required to be prepared under subsection (b); and
(ii) a Coast Guard official who shall be the Federal Maritime Security Coordinator for each such area.
(H) A risk-based system for evaluating the potential for violations of security zones designated by the Secretary on the waters subject to the jurisdiction of the United States.
(I) A recognition of certified systems of intermodal transportation.
(J) A plan for ensuring that the flow of cargo through United States ports is reestablished as efficiently and quickly as possible after a transportation security incident.
(K) A plan to detect, respond to, and recover from cybersecurity risks that may cause transportation security incidents.
(3) The Secretary shall, as the Secretary considers advisable, revise or otherwise amend the National Maritime Transportation Security Plan.
(4) Actions by Federal agencies to deter and minimize damage from a transportation security incident shall, to the greatest extent possible, be in accordance with the National Maritime Transportation Security Plan.
(5) The Secretary shall inform vessel and facility owners or operators of the provisions in the National Transportation Security Plan that the Secretary considers necessary for security purposes.
(b) Area Maritime Transportation Security Plans.— (1) The Federal Maritime Security Coordinator designated under subsection (a)(2)(G) for an area shall—
(A) submit to the Secretary an Area Maritime Transportation Security Plan for the area; and
(B) solicit advice from the Area Security Advisory Committee required under this chapter, for the area to assure preplanning of joint deterrence efforts, including appropriate procedures for deterrence of a transportation security incident.
(2) The Area Maritime Transportation Security Plan for an area shall—
(A) when implemented in conjunction with the National Maritime Transportation Security Plan, be adequate to deter a transportation security incident in or near the area to the maximum extent practicable;
(B) describe the area and infrastructure covered by the plan, including the areas of population or special economic, environmental, or national security importance that might be damaged by a transportation security incident;
(C) describe in detail how the plan is integrated with other Area Maritime Transportation Security Plans, and with facility security plans and vessel security plans under this section;
(D) include consultation and coordination with the Department of Defense on matters relating to Department of Defense facilities and vessels;
(E) establish area response and recovery protocols to prepare for, respond to, mitigate against, and recover from a transportation security incident consistent with section 202 of the SAFE Port Act of 2006 (6 U.S.C. 942) and subsection (a) of this section;
(F) include any other information the Secretary requires;
(G) include a salvage response plan—
(i) to identify salvage equipment capable of restoring operational trade capacity; and
(ii) to ensure that the waterways are cleared and the flow of commerce through United States ports is reestablished as efficiently and quickly as possible after a maritime transportation security incident;
(H) include a plan for detecting, responding to, and recovering from cybersecurity risks that may cause transportation security incidents; and
(I) be updated at least every 5 years by the Federal Maritime Security Coordinator.
(3) The Secretary shall review and approve Area Maritime Transportation Security Plans and updates under this subsection.
(4) In security zones designated by the Secretary in each Area Maritime Transportation Security Plan, the Secretary shall consider—
(A) the use of public/private partnerships to enforce security within the security zones, shoreside protection alternatives, and the environmental, public safety, and relative effectiveness of such alternatives; and
(B) technological means of enhancing the security zones of port, territorial waters, and waterways of the United States.
(c) Vessel and Facility Security Plans.— (1) Within 6 months after the prescription of interim final regulations on vessel and facility security plans, an owner or operator of a vessel or facility described in paragraph (2) shall prepare and submit to the Secretary a security plan for the vessel or facility, for deterring a transportation security incident to the maximum extent practicable.
(2) The vessels and facilities referred to in paragraph (1)—
(A) except as provided in subparagraph (B), are vessels and facilities that the Secretary believes may be involved in a transportation security incident; and
(B) do not include any vessel or facility owned or operated by the Department of Defense.
(3) A security plan required under this subsection shall—
(A) be consistent with the requirements of the National Maritime Transportation Security Plan and Area Maritime Transportation Security Plans;
(B) identify the qualified individual having full authority to implement security actions, and require immediate communications between that individual and the appropriate Federal official and the persons providing personnel and equipment pursuant to subparagraph (C);
(C) include provisions for—
(i) establishing and maintaining physical security, passenger and cargo security, and personnel security;
(ii) establishing and controlling access to secure areas of the vessel or facility, including access by persons engaged in the surface transportation of intermodal containers in or out of a port facility;
(iii) procedural security policies;
(iv) communications systems;
(v) detecting, responding to, and recovering from cybersecurity risks that may cause transportation security incidents; and
(vi) other security systems;
(D) identify, and ensure by contract or other means approved by the Secretary, the availability of security measures necessary to deter to the maximum extent practicable a transportation security incident or a substantial threat of such a security incident;
(E) describe the training, periodic unannounced drills, and security actions of persons on the vessel or at the facility, to be carried out under the plan to deter to the maximum extent practicable a transportation security incident, or a substantial threat of such a security incident;
(F) provide a strategy and timeline for conducting training and periodic unannounced drills;
(G) be updated at least every 5 years;
(H) be resubmitted for approval of each change to the vessel or facility that may substantially affect the security of the vessel or facility; and
(I) in the case of a security plan for a facility, be resubmitted for approval of each change in the ownership or operator of the facility that may substantially affect the security of the facility.
(4) The Secretary shall—
(A) promptly review each such plan or update;
(B) require amendments to any plan or update that does not meet the requirements of this subsection;
(C) approve any plan or update that meets the requirements of this subsection; and
(D) subject to the availability of appropriations, periodically, but not less than one time per year, conduct a risk-based, no notice facility inspection to verify the effectiveness of each such facility security plan or update.
(5) A vessel or facility for which a plan is required to be submitted under this subsection may not operate after the end of the 12-month period beginning on the date of the prescription of interim final regulations on vessel and facility security plans, unless—
(A) the plan has been approved by the Secretary; and
(B) the vessel or facility is operating in compliance with the plan.
(6) Notwithstanding paragraph (5), the Secretary may authorize a vessel or facility to operate without a security plan approved under this subsection, until not later than 1 year after the date of the submission to the Secretary of a plan for the vessel or facility, if the owner or operator of the vessel or facility certifies that the owner or operator has ensured by contract or other means approved by the Secretary to deter to the maximum extent practicable a transportation security incident or a substantial threat of such a security incident.
(7) The Secretary shall require each owner or operator of a vessel or facility located within or adjacent to waters subject to the jurisdiction of the United States to implement any necessary interim security measures, including cargo security programs, to deter to the maximum extent practicable a transportation security incident until the security plan for that vessel or facility operator is approved.
(8) (A) The Secretary shall require that the qualified individual having full authority to implement security actions for a facility described in paragraph (2) shall be a citizen of the United States.
(B) The Secretary may waive the requirement of subparagraph (A) with respect to an individual if the Secretary determines that it is appropriate to do so based on a complete background check of the individual and a review of all terrorist watch lists to ensure that the individual is not identified on any such terrorist watch list.
(9) The Secretary may conduct no-notice exercises in Captain of the Port Zones (as described in part 3 of title 33, Code of Federal Regulations as in effect on the date of enactment of the Coast Guard Authorization Act of 2025 [Dec. 18, 2025]) involving a facility or vessel required to maintain a security plan under this subsection.
(d) Nondisclosure of Information.— (1) In general.— Information developed under this section or sections 70102, 70104, and 70108 is not required to be disclosed to the public, including—
(A) facility security plans, vessel security plans, and port vulnerability assessments; and
(B) other information related to security plans, procedures, or programs for vessels or facilities authorized under this section or sections 70102, 70104, and 70108.
(2) Limitations.— Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 1520.5 of title 49, Code of Federal Regulations)—
(A) to conceal a violation of law, inefficiency, or administrative error;
(B) to prevent embarrassment to a person, organization, or agency;
(C) to restrain competition; or
(D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.
(e) Especially Hazardous Cargo.— (1) Enforcement of security zones.— Consistent with other provisions of Federal law, the Coast Guard shall coordinate and be responsible for the enforcement of any Federal security zone established by the Coast Guard around a vessel containing especially hazardous cargo. The Coast Guard shall allocate available resources so as to deter and respond to a transportation security incident, to the maximum extent practicable, and to protect lives or protect property in danger.
(2) Especially hazardous cargo defined.— In this subsection, the term “especially hazardous cargo” means anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and any other substance, material, or group or class of material, in a particular amount and form that the Secretary determines by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce.
(f) Nondisclosure of Port Security Plans.— Notwithstanding any other provision of law, information related to security plans, procedures, or programs for passenger vessels or passenger terminals authorized under this chapter is not required to be disclosed to the public.
(Added Pub. L. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2069; amended Pub. L. 108458, title IV, § 4072(a), Dec. 17, 2004, 118 Stat. 3730; Pub. L. 109347, title I, §§ 101103, 113(c), Oct. 13, 2006, 120 Stat. 1887, 1888, 1896; Pub. L. 11183, title V, § 561(b), Oct. 28, 2009, 123 Stat. 2182; Pub. L. 111281, title VIII, §§ 812(c), 826, Oct. 15, 2010, 124 Stat. 2997, 3004; Pub. L. 115254, div. J, §§ 1805(d)(2), 1806, Oct. 5, 2018, 132 Stat. 3535, 3536; Pub. L. 115282, title IV, §§ 402(c), 408(d), Dec. 4, 2018, 132 Stat. 4264, 4268; Pub. L. 116283, div. G, title LVXXXII [LXXXII], § 8240(a), title LVXXXIII [LXXXIII], § 8344, title LVXXXV [LXXXV], § 8507(d)(1), Jan. 1, 2021, 134 Stat. 4666, 4710, 4754; Pub. L. 11960, div. G, title LXXIII, § 7325, Dec. 18, 2025, 139 Stat. 1770.)
## Notes
Editorial Notes
Codification Section 1226(c) of Title 33, Navigation and Navigable Waters, which was transferred and redesignated as subsec. (f) of this section by Pub. L. 115282, title IV, §§ 402(c)(1), 408(d)(1), Dec. 4, 2018, 132 Stat. 4264, 4268, was based on section 7(c) of Pub. L. 92340, as added by Pub. L. 104324, title III, § 302, Oct. 19, 1996, 110 Stat. 3917.
Amendments2025—Subsec. (c)(9). Pub. L. 11960 added par. (9). 2021—Subsec. (b)(3). Pub. L. 116283, § 8344(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The Secretary shall— “(A) review and approve Area Maritime Transportation Security Plans under this subsection; and “(B) periodically review previously approved Area Maritime Transportation Security Plans.” Subsec. (c)(4). Pub. L. 116283, § 8344(2), inserted “or update” after “plan” wherever appearing. Subsec. (e). Pub. L. 116283, § 8240(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) consisted of pars. (1) and (2) relating to enforcement of security zones and resource deficiency reporting, respectively. Subsec. (f). Pub. L. 116283, § 8507(d)(1), repealed amendments by Pub. L. 115282, § 408(d). See 2018 Amendment notes below. 2018—Subsec. (a)(1). Pub. L. 115254, § 1805(d)(2)(A), substituted “The” for “Not later than April 1, 2005, the”. Subsec. (a)(2)(K). Pub. L. 115254, § 1805(d)(2)(B), added subpar. (K). Subsec. (b)(2)(H), (I). Pub. L. 115254, § 1805(d)(2)(C), added subpar. (H) and redesignated former subpar. (H) as (I). Subsec. (c)(3)(v), (vi). Pub. L. 115254, § 1805(d)(2)(D), added cl. (v) and redesignated former cl. (v) as (vi). Subsec. (c)(4)(D). Pub. L. 115254, § 1806, amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “subject to the availability of appropriations, verify the effectiveness of each such facility security plan periodically, but not less than 2 times per year, at least 1 of which shall be an inspection of the facility that is conducted without notice to the facility.” Subsec. (f). Pub. L. 115282, § 408(d)(2), which directed substitution of “this chapter” for “this Act” identical to amendment made by section 402(c)(2) of Pub. L. 115282, was repealed by Pub. L. 116283, § 8507(d)(1). Pub. L. 115282, § 402(c)(2), substituted “this chapter” for “this Act”. Pub. L. 115282, § 408(d)(1), which directed redesignation and transfer of subsec. (c) of section 7 of Pub. L. 92340 to subsec. (f) of this section identical to amendment made by section 402(c)(1) of Pub. L. 115282, was repealed by Pub. L. 116283, § 8507(d)(1). Pub. L. 115282, § 402(c)(1), redesignated and transferred subsec. (c) of section 7 of Pub. L. 92340 to subsec. (f) of this section. See Codification note above. 2010—Subsec. (b)(2)(E) to (H). Pub. L. 111281, § 826, added subpar. (E) and redesignated former subpars. (E) to (G) as (F) to (H), respectively. Subsec. (e). Pub. L. 111281, § 812(c), added subsec.(e). 2009—Subsec. (d). Pub. L. 11183 amended subsec. (d) generally. Prior to amendment, text read as follows: “Notwithstanding any other provision of law, information developed under this chapter is not required to be disclosed to the public, including— “(1) facility security plans, vessel security plans, and port vulnerability assessments; and “(2) other information related to security plans, procedures, or programs for vessels or facilities authorized under this chapter.” 2006—Subsec. (b)(2)(F), (G). Pub. L. 109347, § 101, added subpar. (F) and redesignated former subpar. (F) as (G). Subsec. (c)(3)(C)(ii). Pub. L. 109347, § 102(1)(A), substituted “facility, including access by persons engaged in the surface transportation of intermodal containers in or out of a port facility” for “facility”. Subsec. (c)(3)(F), (G). Pub. L. 109347, § 113(c), added subpar. (F) and redesignated former subpar. (F) as (G). Former subpar. (G) redesignated (H). Subsec. (c)(3)(H). Pub. L. 109347, § 113(c)(1), redesignated subpar. (G) as (H). Former subpar. (H) redesignated (I). Pub. L. 109347, § 102(1)(B)(D), added subpar. (H). Subsec. (c)(3)(I). Pub. L. 109347, § 113(c)(1), redesignated subpar. (H) as (I). Subsec. (c)(4)(D). Pub. L. 109347, § 103, amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “review each plan periodically thereafter.” Subsec. (c)(8). Pub. L. 109347, § 102(2), added par. (8). 2004—Subsec. (a)(1). Pub. L. 108458 substituted “Not later than April 1, 2005, the Secretary” for “The Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by section 8507(d)(1) of div. G of Pub. L. 116283 effective Dec. 4, 2018, as if included in Pub. L. 115—282, see section 8507(d)(7) of Pub. L. 116—283, set out as a note under section 1226 of Title 33, Navigation and Navigable Waters.
Effective Date of 2018 AmendmentAmendment of section by section 1805(d) of Pub. L. 115254 applicable to assessments or security plans, or updates to such assessments or plans, submitted after the date that the cybersecurity risk assessment model is developed under subsection 1805(a) of Pub. L. 115254, set out as a note under section 70112 of this title, see section 1805(d)(3) of Pub. L. 115254, set out as a note under section 70102 of this title.
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating 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 Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Seamens Shoreside AccessPub. L. 111281, title VIII, § 811, Oct. 15, 2010, 124 Stat. 2995, provided that: “Each facility security plan approved under section 70103(c) of title 46, United States Code, shall provide a system for seamen assigned to a vessel at that facility, pilots, and representatives of seamens welfare and labor organizations to board and depart the vessel through the facility in a timely manner at no cost to the individual.”
Risk Assessment ToolPub. L. 109347, title I, § 111, Oct. 13, 2006, 120 Stat. 1894, provided that: “In updating Area Maritime Security Plans required under section 70103(b)(2)(F) [now section 70103(b)(2)(G)] of title 46, United States Code, and in applying for grants under section 70107 of such title, the Secretary of the Department in which the Coast Guard is operating shall make available, and Area Maritime Security Committees may use a risk assessment tool that uses standardized risk criteria, such as the Maritime Security Risk Assessment Tool used by the Coast Guard.”
Revision of Port Security Planning GuidePub. L. 107295, title I, § 113, Nov. 25, 2002, 116 Stat. 2093, provided that: “The Secretary of Transportation, acting through the Maritime Administration and after consultation with the National Maritime Security Advisory Committee and the Coast Guard, shall publish a revised version of the document entitled Port Security: A National Planning Guide, incorporating the requirements prescribed under chapter 701 of title 46, United States Code, as amended by this Act, within 3 years after the date of enactment of this Act [Nov. 25, 2002], and make that revised document available on the Internet.”
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type: "LegalText"
title: "46 U.S.C. § 70104"
description: "Transportation security incident response"
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# 46 U.S.C. § 70104 - Transportation security incident response
## Text
(a) Facility and Vessel Response Plans.— The Secretary shall—
(1) establish security incident response plans for vessels and facilities that may be involved in a transportation security incident; and
(2) make those plans available to the Administrator of the Federal Emergency Management Agency for inclusion in the Administrators response plan for United States ports and waterways.
(b) Contents.— Response plans developed under subsection (a) shall provide a comprehensive response to an emergency, including notifying and coordinating with local, State, and Federal authorities, including the Administrator of the Federal Emergency Management Agency, securing the facility or vessel, and evacuating facility and vessel personnel.
(c) Inclusion in Security Plan.— A response plan required under this subsection for a vessel or facility may be included in the security plan prepared under section 70103(c).
(Added Pub. L. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2072; amended Pub. L. 109295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name “Administrator of the Federal Emergency Management Agency” and “Administrators” substituted for “Director of the Federal Emergency Management Agency” and “Directors”, respectively, on authority of section 612(c) of Pub. L. 109295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109295, set out as a note under section 313 of Title 6.
Transfer of Functions For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
DeadlinePub. L. 107295, title I, § 102(c), Nov. 25, 2002, 116 Stat. 2084, provided that: “The Secretary shall establish the plans required under section 70104(a)(1) of title 46, United States Code, as enacted by this Act, before April 1, 2003.”
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# 46 U.S.C. § 70106 - Deployable, specialized forces
## Text
(a) Establishment.— (1) In general.— To enhance the domestic maritime security capability of the United States, the Secretary shall establish deployable specialized forces of varying capabilities as are needed to safeguard the public and protect vessels, harbors, ports, facilities, and cargo in waters subject to the jurisdiction of the United States from destruction, loss or injury from crime, or sabotage due to terrorist activity, and to respond to such activity in accordance with the transportation security plans developed under section 70103.
(2) Enhanced teams.— Such specialized forces shall include no less than two enhanced teams to serve as deployable forces capable of combating terrorism, engaging in interdiction, law enforcement, and advanced tactical maritime security operations to address known or potentially armed security threats (including non-compliant actors at sea), and participating in homeland security, homeland defense, and counterterrorism exercises in the maritime environment.
(b) Mission.— The combined force of the specialized forces established under subsection (a) shall be trained, equipped, and capable of being deployed to—
(1) deter, protect against, and rapidly respond to threats of maritime terrorism;
(2) conduct maritime operations to protect against and disrupt illegal use, access to, or proliferation of weapons of mass destruction;
(3) enforce moving or fixed safety or security zones established pursuant to law;
(4) conduct high speed intercepts;
(5) board, search, and seize any article or thing on or at, respectively, a vessel or facility found to present a risk to the vessel or facility, or to a port;
(6) rapidly deploy to supplement United States armed forces domestically or overseas;
(7) respond to criminal or terrorist acts so as to minimize, insofar as possible, the disruption caused by such acts;
(8) assist with facility vulnerability assessments required under this chapter; and
(9) carry out any other missions of the Coast Guard as are assigned to it by the Secretary.
(c) Minimization of Response Times.— The enhanced teams established under subsection (a)(2) shall, to the extent practicable, be stationed in such a way so as to minimize the response time to maritime terrorist threats and potential or actual transportation security incidents.
(d) Coordination With Other Agencies.— To the maximum extent feasible, the combined force of the specialized forces established under subsection (a) shall coordinate their activities with other Federal, State, and local law enforcement and emergency response agencies.
(Added Pub. L. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2074; amended Pub. L. 109241, title III, § 305, July 11, 2006, 120 Stat. 528; Pub. L. 111281, title VIII, § 804(a), Oct. 15, 2010, 124 Stat. 2990.)
## Notes
Editorial Notes
Amendments2010—Pub. L. 111281 amended section generally. Prior to amendment, section related to maritime safety and security teams. 2006—Subsec. (b)(8). Pub. L. 109241 substituted “any other missions of the Coast Guard” for “other security missions”.
Statutory Notes and Related Subsidiaries
Coast Guard Detection Canine Team Program ExpansionPub. L. 111281, title VIII, § 805, Oct. 15, 2010, 124 Stat. 2991, provided that: “(a) Definitions.—For purposes of this section:“(1) Canine detection team.—The term detection canine team means a canine and a canine handler that are trained to detect narcotics or explosives, or other threats as defined by the Secretary. “(2) Secretary.—The term Secretary means the Secretary of Homeland Security. “(b) Detection Canine Teams.—“(1) Increased capacity.—Not later than 1 year after the date of enactment of this Act [Oct. 15, 2010], and subject to the availability of appropriations, the Secretary shall—“(A) begin to increase the number of detection canine teams certified by the Coast Guard for the purposes of maritime-related security by no fewer than 10 canine teams annually through fiscal year 2012; and “(B) encourage owners and operators of port facilities, passenger cruise liners, oceangoing cargo vessels, and other vessels identified by the Secretary to strengthen security through the use of highly trained detection canine teams. “(2) Canine procurement.—The Secretary, acting through the Commandant of the Coast Guard, shall procure detection canine teams as efficiently as possible, including, to the greatest extent possible, through increased domestic breeding, while meeting the performance needs and criteria established by the Commandant. “(c) Deployment.—The Secretary shall prioritize deployment of the additional canine teams to ports based on risk, consistent with the Security and Accountability For Every Port Act of 2006 (Public Law 109347) [see Tables for classification].”
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# 46 U.S.C. § 70107 - Grants
## Text
(a) In General.— The Secretary shall establish a grant program for the allocation of funds based on risk to implement Area Maritime Transportation Security Plans and facility security plans among port authorities, facility operators, and State and local government agencies required to provide port security services and to train public safety personnel under section 70132 of this title. Before awarding a grant under the program, the Secretary shall provide for review and comment by the appropriate Federal Maritime Security Coordinators and the Maritime Administrator. In administering the grant program, the Secretary shall take into account national economic, energy, and strategic defense concerns based upon the most current risk assessments available.
(b) Eligible Costs.— The following costs of funding the correction of Coast Guard identified vulnerabilities in port security and ensuring compliance with Area Maritime Transportation Security Plans and facility security plans are eligible to be funded:
(1) Salary, benefits, overtime compensation, retirement contributions, and other costs of additional Coast Guard mandated security personnel.
(2) The cost of acquisition, operation, and maintenance of security equipment or facilities to be used for security monitoring and recording, security gates and fencing, marine barriers for designated security zones, security-related lighting systems, remote surveillance, concealed video systems, security vessels, and other security-related infrastructure or equipment that contributes to the overall security of passengers, cargo, or crewmembers. Grants awarded under this section may not be used to construct buildings or other physical facilities, except those which are constructed under terms and conditions consistent with the requirements under section 611(j)(8) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(8)), including those facilities in support of this paragraph, and specifically approved by the Secretary. Costs eligible for funding under this paragraph may not exceed the greater of—
(A) $1,000,000 per project; or
(B) such greater amount as may be approved by the Secretary, which may not exceed 10 percent of the total amount of the grant.
(3) The cost of screening equipment, including equipment that detects weapons of mass destruction and conventional explosives, and of testing and evaluating such equipment, to certify secure systems of transportation.
(4) The cost of conducting vulnerability assessments to evaluate and make recommendations with respect to security.
(5) The cost of conducting exercises or training for prevention and detection of, preparedness for, response to, or recovery from terrorist attacks.
(6) The cost of establishing or enhancing mechanisms for sharing terrorism threat information and ensuring that the mechanisms are interoperable with Federal, State, and local agencies.
(7) The cost of equipment (including software) required to receive, transmit, handle, and store classified information.
(8) The cost of training public safety personnel—
(A) to enforce a security zone under section 70132 of this title; or
(B) assist in the enforcement of a security zone.
(c) Matching Requirements.— (1) 75-percent federal funding.— Except as provided in paragraph (2), Federal funds for any eligible project under this section shall not exceed 75 percent of the total cost of such project.
(2) Exceptions.— (A) Small projects.— There are no matching requirements for grants under subsection (a) for projects costing not more than $25,000.
(B) Higher level of support required.— If the Secretary determines that a proposed project merits support and cannot be undertaken without a higher rate of Federal support, then the Secretary may approve grants under this section with a matching requirement other than that specified in paragraph (1).
(C) Training.— There are no matching requirements for grants under subsection (a) to train public safety personnel in the enforcement of security zones under section 70132 of this title or in assisting in the enforcement of such security zones.
(d) Coordination and Cooperation Agreements.— The Secretary shall ensure that projects paid for, or the costs of which are reimbursed, under this section within any area or port are coordinated with other projects, and may require cooperative agreements among users of the port and port facilities with respect to projects funded under this section.
(e) Multiple-Year Projects.— (1) Letters of intent.— The Secretary may execute letters of intent to commit funding to such authorities, operators, and agencies.
(2) Limitation.— Not more than 20 percent of the grant funds awarded under this subsection in any fiscal year may be awarded for projects that span multiple years.
(f) Consistency With Plans.— The Secretary shall ensure that each grant awarded under subsection (e)—
(1) is used to supplement and support, in a consistent and coordinated manner, the applicable Area Maritime Transportation Security Plan; and
(2) is coordinated with any applicable State or Urban Area Homeland Security Plan.
(g) Applications.— Any entity subject to an Area Maritime Transportation Security Plan may submit an application for a grant under this section, at such time, in such form, and containing such information and assurances as the Secretary may require.
(h) Reports.— Not later than 180 days after the date of the enactment of the SAFE Port Act, the Secretary, acting through the Commandant of the Coast Guard, shall submit a report to Congress, in a secure format, describing the methodology used to allocate port security grant funds on the basis of risk.
(i) Administration.— (1) In general.— The Secretary shall require eligible port authorities, facility operators, and State and local agencies required to provide security services, to submit an application, at such time, in such form, and containing such information and assurances as the Secretary may require, and shall include appropriate application, review, and delivery mechanisms.
(2) Minimum standards for payment or reimbursement.— Each application for payment or reimbursement of eligible costs shall include, at a minimum, the following:
(A) A copy of the applicable Area Maritime Transportation Security Plan or facility security plan.
(B) A comprehensive description of the need for the project, and a statement of the projects relationship to the applicable Area Maritime Transportation Security Plan or facility security plan.
(C) A determination by the Captain of the Port that the security project addresses or corrects Coast Guard identified vulnerabilities in security and ensures compliance with Area Maritime Transportation Security Plans and facility security plans.
(3) Procedural safeguards.— The Secretary shall by regulation establish appropriate accounting, reporting, and review procedures to ensure that amounts paid or reimbursed under this section are used for the purposes for which they were made available, all expenditures are properly accounted for, and amounts not used for such purposes and amounts not obligated or expended are recovered.
(4) Project approval required.— The Secretary may approve an application for the payment or reimbursement of costs under this section only if the Secretary is satisfied that—
(A) the project is consistent with Coast Guard vulnerability assessments and ensures compliance with Area Maritime Transportation Security Plans and facility security plans;
(B) enough money is available to pay the project costs that will not be reimbursed by the United States Government under this section;
(C) the project will be completed without unreasonable delay; and
(D) the recipient has authority to carry out the project as proposed.
(j) Audits and Examinations.— A recipient of amounts made available under this section shall keep such records as the Secretary may require, and make them available for review and audit by the Secretary, the Comptroller General of the United States, or the Inspector General of the department in which the Coast Guard is operating.
(k) Reports on Security Funding and Compliance.— (1) Initial report.— Within 6 months after the date of enactment of this Act, the Secretary shall transmit an unclassified report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, that—
(A) includes a funding proposal and rationale to fund the correction of Coast Guard identified vulnerabilities in port security and to help ensure compliance with Area Maritime Transportation Security Plans and facility security plans for fiscal years 2003 through 2008; and
(B) includes projected funding proposals for fiscal years 2003 through 2008 for the following security programs:
(i) The Sea Marshall program.
(ii) The Automated Identification System and a system of polling vessels on entry into United States waters.
(iii) The maritime intelligence requirements in this Act.
(iv) The issuance of transportation security cards required by section 70105.
(v) The program of certifying secure systems of transportation.
(2) Other expenditures.— The Secretary shall, as part of the report required by paragraph (1) report, in coordination with the Commissioner of Customs, on projected expenditures of screening and detection equipment and on cargo security programs over fiscal years 2003 through 2008.
(3) Annual reports.— Annually, beginning 1 year after transmittal of the report required by paragraph (1) until October 1, 2009, the Secretary shall transmit an unclassified annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, on progress in achieving compliance with the correction of Coast Guard identified vulnerabilities in port security and compliance with Area Maritime Transportation Security Plans and facility security plans that—
(A) identifies any modifications necessary in funding to ensure the correction of Coast Guard identified vulnerabilities and ensure compliance with Area Maritime Transportation Security Plans and facility security plans;
(B) includes an assessment of progress in implementing the grant program established by subsection (a);
(C) includes any recommendations the Secretary may make to improve these programs; and
(D) with respect to a port selected by the Secretary, describes progress and enhancements of applicable Area Maritime Transportation Security Plans and facility security plans and how the Maritime Transportation Security Act of 2002 has improved security at that port.
(l) Authorization of Appropriations.— There are authorized to be appropriated $400,000,000 for each of the fiscal years 2007 through 2013 to carry out this section.
(m) Investigations.— (1) In general.— The Secretary shall conduct investigations, fund pilot programs, and award grants, to examine or develop—
(A) methods or programs to increase the ability to target for inspection vessels, cargo, crewmembers, or passengers that will arrive or have arrived at any port or place in the United States;
(B) equipment to detect accurately explosives, chemical, or biological agents that could be used in a transportation security incident against the United States;
(C) equipment to detect accurately nuclear or radiological materials, including scintillation-based detection equipment capable of signalling the presence of nuclear or radiological materials;
(D) improved tags and seals designed for use on shipping containers to track the transportation of the merchandise in such containers, including sensors that are able to track a container throughout its entire supply chain, detect hazardous and radioactive materials within that container, and transmit that information to the appropriate law enforcement authorities;
(E) tools, including the use of satellite tracking systems, to increase the awareness of maritime areas and to identify potential transportation security incidents that could have an impact on facilities, vessels, and infrastructure on or adjacent to navigable waterways, including underwater access;
(F) tools to mitigate the consequences of a transportation security incident on, adjacent to, or under navigable waters of the United States, including sensor equipment, and other tools to help coordinate effective response to a transportation security incident;
(G) applications to apply existing technologies from other areas or industries to increase overall port security;
(H) improved container design, including blast-resistant containers; and
(I) methods to improve security and sustainability of port facilities in the event of a maritime transportation security incident, including specialized inspection facilities.
(2) Implementation of technology.— (A) In general.— In conjunction with ongoing efforts to improve security at United States ports, the Secretary may conduct pilot projects at United States ports to test the effectiveness and applicability of new port security projects, including—
(i) testing of new detection and screening technologies;
(ii) projects to protect United States ports and infrastructure on or adjacent to the navigable waters of the United States, including underwater access; and
(iii) tools for responding to a transportation security incident at United States ports and infrastructure on or adjacent to the navigable waters of the United States, including underwater access.
(B) Authorization of appropriations.— There is authorized to be appropriated to the Secretary $35,000,000 for each of fiscal years 2005 through 2009 to carry out this subsection.
(3) National port security centers.— (A) In general.— The Secretary may make grants or enter into cooperative agreements with eligible nonprofit institutions of higher learning to conduct investigations in collaboration with ports and the maritime transportation industry focused on enhancing security of the Nations ports in accordance with this subsection through National Port Security Centers.
(B) Applications.— To be eligible to receive a grant under this paragraph, a nonprofit institution of higher learning, or a consortium of such institutions, shall submit an application to the Secretary in such form and containing such information as the Secretary may require.
(C) Competitive selection process.— The Secretary shall select grant recipients under this paragraph through a competitive process on the basis of the following criteria:
(i) Whether the applicant can demonstrate that personnel, laboratory, and organizational resources will be available to the applicant to carry out the investigations authorized in this paragraph.
(ii) The applicants capability to provide leadership in making national and regional contributions to the solution of immediate and long-range port and maritime transportation security and risk mitigation problems.
(iii) Whether the applicant can demonstrate that the applicant has an established, nationally recognized program in disciplines that contribute directly to maritime transportation safety and education.
(iv) Whether the applicants investigations will involve major United States ports on the East Coast, the Gulf Coast, and the West Coast, and Federal agencies and other entities with expertise in port and maritime transportation.
(v) Whether the applicant has a strategic plan for carrying out the proposed investigations under the grant.
(4) Administrative provisions.— (A) No duplication of effort.— Before making any grant, the Secretary shall coordinate with other Federal agencies to ensure the grant will not duplicate work already being conducted with Federal funding.
(B) Accounting.— The Secretary shall by regulation establish accounting, reporting, and review procedures to ensure that funds made available under paragraph (1) are used for the purpose for which they were made available, that all expenditures are properly accounted for, and that amounts not used for such purposes and amounts not expended are recovered.
(C) Recordkeeping.— Recipients of grants shall keep all records related to expenditures and obligations of funds provided under paragraph (1) and make them available upon request to the Inspector General of the department in which the Coast Guard is operating and the Secretary for audit and examination.
(5) Annual review and report.— The Inspector General of the department in which the Coast Guard is operating shall annually review the programs established under this subsection to ensure that the expenditures and obligations of funds are consistent with the purposes for which they are provided, and report the findings to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(Added Pub. L. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2075; amended Pub. L. 108293, title VIII, §§ 804(a), (b), 808(a), Aug. 9, 2004, 118 Stat. 1081, 1083; Pub. L. 109347, title I, § 112, Oct. 13, 2006, 120 Stat. 1894; Pub. L. 111281, title VIII, § 828(b), Oct. 15, 2010, 124 Stat. 3007; Pub. L. 114120, title III, § 306(a)(10), Feb. 8, 2016, 130 Stat. 54; Pub. L. 116283, div. G, title LVXXXIII [LXXXIII], § 8314(1), Jan. 1, 2021, 134 Stat. 4699.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the SAFE Port Act, referred to in subsec. (h), is the date of enactment of Pub. L. 109347, which was approved Oct. 13, 2006. The date of enactment of this Act, referred to in subsec. (k)(1), probably means the date of enactment of Pub. L. 107295, which enacted this section and was approved Nov. 25, 2002. This Act, referred to in subsec. (k)(1)(B)(iii), probably means the Maritime Transportation Security Act of 2002, which enacted this subtitle, see note below. With respect to “transportation security cards required by section 70105”, referred to in subsec. (k)(1)(B)(iv), amendments made by Pub. L. 117263 to section 70105 of this title are such that section 70105 now refers to “transportation worker identification credential” rather than “transportation security card”. See section 70105 of this title. The Maritime Transportation Security Act of 2002, referred to in subsec. (k)(3)(D), is Pub. L. 107295, Nov. 25, 2002, 116 Stat. 2064. For complete classification of this Act to the Code, see Tables.
Amendments2021—Subsec. (a). Pub. L. 116283, § 8314(1)(A), substituted “public safety personnel” for “law enforcement personnel”. Subsec. (b)(8). Pub. L. 116283, § 8314(1)(B), substituted “public safety personnel—” for “law enforcement personnel—” in introductory provisions. Subsec. (c)(2)(C). Pub. L. 116283, § 8314(1)(C), substituted “public safety personnel” for “law enforcement agency personnel”. 2016—Subsec. (b)(2). Pub. L. 114120, § 306(a)(10)(A), substituted “5196(j)(8)),” for “5121(j)(8)),” in introductory provisions. Subsec. (m)(3)(C)(iii). Pub. L. 114120, § 306(a)(10)(B), substituted “that the applicant” for “that is”. 2010—Subsec. (a). Pub. L. 111281, § 828(b)(1), substituted “services and to train law enforcement personnel under section 70132 of this title.” for “services.” in first sentence. Subsec. (b)(8). Pub. L. 111281, § 828(b)(2), added par.(8). Subsec. (c)(2)(C). Pub. L. 111281, § 828(b)(3), added subpar. (C). Subsec. (l). Pub. L. 111281, § 828(b)(4), substituted “2013” for “2011”. 2006—Subsec. (a). Pub. L. 109347, § 112(a), (e), substituted “for the allocation of funds based on risk” for “for making a fair and equitable allocation of funds” and “national economic, energy, and strategic defense concerns based upon the most current risk assessments available” for “national economic and strategic defense concerns”. Subsec. (b)(2). Pub. L. 109347, § 112(b)(1), inserted at end “Grants awarded under this section may not be used to construct buildings or other physical facilities, except those which are constructed under terms and conditions consistent with the requirements under section 611(j)(8) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121(j)(8)), including those facilities in support of this paragraph, and specifically approved by the Secretary. Costs eligible for funding under this paragraph may not exceed the greater of—” and subpars. (A) and (B). Subsec. (b)(5) to (7). Pub. L. 109347, § 112(b)(2), added pars. (5) to (7). Subsecs. (e) to (i). Pub. L. 109347, § 112(c)(1), added subsecs. (e) to (h). Former subsecs. (e) to (i) redesignated (i) to (m), respectively. Subsec. (i)(1). Pub. L. 109347, § 112(c)(2), substituted “Secretary shall require” for “program shall require”. Subsecs. (j), (k). Pub. L. 109347, § 112(c)(1), redesignated subsecs. (f) and (g) as (j) and (k), respectively. Subsec. (l). Pub. L. 109347, § 112(d), amended subsec. (l) generally. Prior to amendment, subsec. (l) read as follows: “There are authorized to be appropriated to the Secretary for each of fiscal years 2003 through 2008 such sums as are necessary to carry out subsections (a) through (g).” Pub. L. 109347, § 112(c)(1), redesignated subsec. (h) as (l). Subsec. (m). Pub. L. 109347, § 112(c)(1), redesignated subsec. (i) as (m). 2004—Subsec. (a). Pub. L. 108293, § 804(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Transportation, acting through the Maritime Administrator, shall establish a grant program for making a fair and equitable allocation among port authorities, facility operators, and State and local agencies required to provide security services of funds to implement Area Maritime Transportation Security Plans and facility security plans. The program shall take into account national economic and strategic defense considerations.” Subsec. (c)(2)(B). Pub. L. 108293, § 804(b)(1), substituted “Secretary determines” for “Secretary of Transportation determines”. Subsecs. (d), (e). Pub. L. 108293, § 804(b)(1), substituted “Secretary” for “Secretary of Transportation” wherever appearing. Subsec. (f). Pub. L. 108293, § 804(b), substituted “Secretary” for “Secretary of Transportation” in two places and “department in which the Coast Guard is operating” for “Department of Transportation”. Subsecs. (g), (h). Pub. L. 108293, § 804(b)(1), substituted “Secretary” for “Secretary of Transportation” wherever appearing. Subsec. (i). Pub. L. 108293, § 808(a), added subsec. (i) and struck out former subsec. (i) which related to research and development grants for port security.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentPub. L. 108293, title VIII, § 804(c), Aug. 9, 2004, 118 Stat. 1081, provided that: “Subsections (a) and (b) [amending this section]— “(1) shall take effect October 1, 2004; and “(2) shall not affect any grant made before that date.”
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating 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 Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
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# 46 U.S.C. § 70107A - Repealed. Pub. L. 115254, div. J, § 1809(a)(1), Oct. 5, 2018, 132 Stat. 3537]
## Notes
Section, added Pub. L. 109347, title I, § 108(a), Oct. 13, 2006, 120 Stat. 1892; amended Pub. L. 111281, title VIII, §§ 803, 824, Oct. 15, 2010, 124 Stat. 2990, 3003, related to interagency operational centers for port security.
Statutory Notes and Related Subsidiaries
Savings ClausePub. L. 115254, div. J, § 1809(a)(2), Oct. 5, 2018, 132 Stat. 3537, provided that: “A repeal made by this subsection [repealing this section] shall not affect an interagency operational center established before the date of enactment of this Act [Oct. 5, 2018].”
Notice to CongressPub. L. 115254, div. J, § 1809(a)(3), Oct. 5, 2018, 132 Stat. 3537, provided that: “The Secretary of Homeland Security shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives at least 1 year before ceasing operations of any interagency operational center established before the date of enactment of the Security and Accountability for Every Port Act of 2006 (Public Law 109347; 120 Stat. 1884) [Oct. 13, 2006].”
Report RequirementPub. L. 109347, title I, § 108(b), Oct. 13, 2006, 120 Stat. 1893, as amended by Pub. L. 115254, div. J, § 1809(c)(2), Oct. 5, 2018, 132 Stat. 3538, related to continued compliance with requirements of section 807 of Pub. L. 108293 (118 Stat. 1082). Amendment by Pub. L. 115254 substituted “[Reserved].” for text of subsec. (b).
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# 46 U.S.C. § 70108 - Foreign port assessment
## Text
(a) In General.— The Secretary shall assess the effectiveness of the antiterrorism measures maintained at—
(1) a foreign port—
(A) served by vessels documented under chapter 121 of this title; or
(B) from which foreign vessels depart on a voyage to the United States; and
(2) any other foreign port the Secretary believes poses a security risk to international maritime commerce.
(b) Procedures.— In conducting an assessment under subsection (a), the Secretary shall assess the effectiveness of—
(1) screening of containerized and other cargo and baggage;
(2) security measures to restrict access to cargo, vessels, and dockside property to authorized personnel only;
(3) additional security on board vessels;
(4) licensing or certification of compliance with appropriate security standards;
(5) the security management program of the foreign port; and
(6) other appropriate measures to deter terrorism against the United States.
(c) Consultation.— In carrying out this section, the Secretary shall consult with—
(1) the Secretary of Defense and the Secretary of State—
(A) on the terrorist threat that exists in each country involved; and
(B) to identify foreign ports that pose a high risk of introducing terrorism to international maritime commerce;
(2) appropriate authorities of foreign governments; and
(3) operators of vessels.
(d) Periodic Reassessment.— The Secretary, acting through the Commandant of the Coast Guard, shall reassess the effectiveness of antiterrorism measures maintained at ports as described under subsection (a) and of procedures described in subsection (b) not less than once every 3 years.
(e) Limitation on Statutory Construction.— The absence of an inspection of a foreign port shall not bar the Secretary from making a finding that a port in a foreign country does not maintain effective antiterrorism measures.
(f) Recognition of Assessment Conducted by Other Entities.— (1) Certification and treatment of assessments.— For the purposes of this section and section 70109, the Secretary may treat an assessment that a foreign government (including, for the purposes of this subsection, an entity of or operating under the auspices of the European Union) or international organization has conducted as an assessment that the Secretary has conducted for the purposes of subsection (a), if—
(A) the Secretary certifies that the foreign government or international organization—
(i) has conducted the assessment in accordance with subsection (b); and
(ii) has provided the Secretary with sufficient information pertaining to its assessment (including information regarding the outcome of the assessment); and
(B) the foreign government that conducted the assessment is not a state sponsor of terrorism (as defined in section 3316(h)).
(2) Authorization to enter into an agreement.— For the purposes of this section and section 70109, the Secretary, in consultation with the Secretary of State, may enter into an agreement with a foreign government (including, for the purposes of this subsection, an entity of or operating under the auspices of the European Union) or international organization, under which parties to the agreement—
(A) conduct an assessment, required under subsection (a);
(B) share information pertaining to such assessment (including, but not limited to, information on the outcome of the assessment); or
(C) both.
(3) Limitations.— Nothing in this section may be construed—
(A) to require the Secretary to treat an assessment conducted by a foreign government or an international organization as an assessment that satisfies the requirement under subsection (a);
(B) to limit the discretion or ability of the Secretary to conduct an assessment under this section;
(C) to limit the authority of the Secretary to repatriate aliens to their respective countries of origin; or
(D) to prevent the Secretary from requesting security and safety measures that the Secretary considers necessary to safeguard Coast Guard personnel during the repatriation of aliens to their respective countries of origin.
(4) Notification to congress.— Not later than 30 days before entering into an agreement or arrangement with a foreign government under paragraph (2), the Secretary shall notify the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the proposed terms of such agreement or arrangement.
(g) State Sponsors of Terrorism and International Terrorist Organizations.— The Secretary—
(1) may not enter into an agreement under subsection (f)(2) with—
(A) a foreign government that is a state sponsor of terrorism (as defined in section 3316(h)); or
(B) an entity designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and
(2) shall—
(A) deem any port that is under the jurisdiction of a foreign government that is a state sponsor of terrorism as not having effective antiterrorism measures for purposes of this section and section 70109; and
(B) immediately apply the sanctions described in section 70110(a) to such port.
(Added Pub. L. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2079; amended Pub. L. 109347, title II, § 234, Oct. 13, 2006, 120 Stat. 1918; Pub. L. 111281, title VIII, § 806(a)(1), (c)(2)(B), Oct. 15, 2010, 124 Stat. 2992, 2993; Pub. L. 114120, title III, § 317, Feb. 8, 2016, 130 Stat. 62; Pub. L. 11831, div. E, title LVI, § 5603, Dec. 22, 2023, 137 Stat. 959.)
## Notes
Editorial Notes
Amendments2023—Subsec. (f)(1). Pub. L. 11831, § 5603(1)(A), substituted “if—” and subpars. (A) and (B) for “provided that the Secretary certifies that the foreign government or international organization has— “(A) conducted the assessment in accordance with subsection (b); and “(B) provided the Secretary with sufficient information pertaining to its assessment (including, but not limited to, information on the outcome of the assessment).” Subsec. (f)(3). Pub. L. 11831, § 5603(1)(B), amended par. (3) generally. Prior to amendment, text read as follows: “Nothing in this subsection shall be construed to— “(A) require the Secretary to recognize an assessment that a foreign government or an international organization has conducted; or “(B) limit the discretion or ability of the Secretary to conduct an assessment under this section.” Subsec. (g). Pub. L. 11831, § 5603(2), added subsec. (g). 2016—Subsec. (f). Pub. L. 114120 added subsec. (f). 2010—Subsec. (c)(2) to (4). Pub. L. 111281, § 806(c)(2)(B), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “the Secretary of the Treasury;”. Subsec. (e). Pub. L. 111281, § 806(a)(1), added subsec. (e). 2006—Subsec. (d). Pub. L. 109347 added subsec. (d).
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# 46 U.S.C. § 70109 - Notifying foreign authorities
## Text
(a) In General.— Unless the Secretary finds that a port in a foreign country maintains effective antiterrorism measures, the Secretary shall notify the appropriate authorities of the government of the foreign country of the finding and recommend the steps necessary to improve the antiterrorism measures in use at the port.
(b) Training Program.— The Secretary, in cooperation with the Secretary of State, shall operate a port security training program for ports in foreign countries that are found under section 70108 to lack effective antiterrorism measures.
(Added Pub. L. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2080; amended Pub. L. 111281, title VIII, § 806(a)(2), Oct. 15, 2010, 124 Stat. 2992.)
## Notes
Editorial Notes
Amendments2010—Subsec. (a). Pub. L. 111281 substituted “Unless the Secretary finds that a port in a foreign country maintains effective antiterrorism measures,” for “If the Secretary, after conducting an assessment under section 70108, finds that a port in a foreign country does not maintain effective antiterrorism measures,”.
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# 46 U.S.C. § 70110 - Actions and assistance for foreign ports or facilities and United States territories
## Text
(a) In General.— Unless the Secretary finds that a foreign port or facility maintains effective antiterrorism measures, the Secretary—
(1) may prescribe conditions of entry into the United States for any vessel arriving from that port or facility, or any vessel carrying cargo or passengers originating from or transshipped through that port or facility;
(2) may deny entry into the United States to any vessel that does not meet such conditions; and
(3) shall provide public notice for passengers of the ineffective antiterrorism measures.
(b) Effective Date for Sanctions.— Any action taken by the Secretary under subsection (a) for a particular port or facility shall take effect—
(1) 90 days after the government of the foreign country with jurisdiction over or control of that port or facility is notified under section 70109 unless the Secretary finds that the government has brought the antiterrorism measures at the port or facility up to the security level the Secretary used in making an assessment under section 70108 before the end of that 90-day period; or
(2) immediately upon the finding of the Secretary under subsection (a) if the Secretary finds, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from the port or facility.
(c) State Department To Be Notified.— The Secretary immediately shall notify the Secretary of State of a finding that a port or facility does not maintain effective antiterrorism measures.
(d) Action Canceled.— An action required under this section is no longer required if the Secretary decides that effective antiterrorism measures are maintained at the port or facility.
(e) Assistance for Foreign Ports, Facilities, and United States Territories.— (1) In general.— The Secretary, in consultation with the Secretary of Transportation, the Secretary of State, and the Secretary of Energy, shall identify assistance programs that could facilitate implementation of port or facility security antiterrorism measures in foreign countries and territories of the United States. The Secretary shall establish a strategic plan to utilize those assistance programs to assist ports and facilities that are found by the Secretary under subsection (a) not to maintain effective antiterrorism measures in the implementation of port or facility security antiterrorism measures.
(2) Caribbean basin.— The Secretary, in coordination with the Secretary of State and in consultation with the Organization of American States and the Commandant of the Coast Guard, shall place particular emphasis on utilizing programs to facilitate the implementation of port or facility security antiterrorism measures at the ports located in the Caribbean Basin, as such ports pose unique security and safety threats to the United States due to—
(A) the strategic location of such ports between South America and the United States;
(B) the relative openness of such ports; and
(C) the significant number of shipments of narcotics to the United States that are moved through such ports.
(f) Coast Guard Assistance Program.— (1) In general.— The Secretary may lend, lease, donate, or otherwise provide equipment, and provide technical training and support, to the owner or operator of a foreign port or facility—
(A) to assist in bringing the port or facility into compliance with applicable International Ship and Port Facility Code standards; and
(B) to assist the port or facility in correcting deficiencies identified in periodic port assessments and reassessments required under section 70108 of this title.
(2) Conditions.— The Secretary—
(A) may provide such assistance based upon an assessment of the risks to the security of the United States and the inability of the owner or operator of the port or facility to bring the port or facility into compliance with those standards and to maintain compliance with, or exceed, such standards;
(B) may not provide such assistance unless the port or facility has been subjected to a comprehensive port security assessment by the Coast Guard; and
(C) may only lend, lease, or otherwise provide equipment that the Secretary has first determined is not required by the Coast Guard for the performance of its missions.
(Added Pub. L. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2080; amended Pub. L. 109347, title II, § 233(b), Oct. 13, 2006, 120 Stat. 1917; Pub. L. 111281, title VIII, § 806(a)(3)(c)(2)(A), Oct. 15, 2010, 124 Stat. 2992, 2993; Pub. L. 111330, § 1(12), Dec. 22, 2010, 124 Stat. 3570.)
## Notes
Editorial Notes
Amendments2010—Pub. L. 111281, § 806(c)(2)(A)(i), as amended by Pub. L. 111330, inserted “or facilities” after “ports” in section catchline. Pub. L. 111281, § 806(c)(2)(A)(ii), inserted “or facility” after “port” wherever appearing except in subsec. (f), which was added by Pub. L. 111281, § 806(b), to reflect the probable intent of Congress. Subsec. (a). Pub. L. 111281, § 806(a)(3), substituted “Unless the Secretary finds that a foreign port maintains effective antiterrorism measures,” for “If the Secretary finds that a foreign port does not maintain effective antiterrorism measures,”. Subsec. (e). Pub. L. 111281, § 806(c)(2)(A)(iii), substituted “Ports, Facilities,” for “Ports” in heading. Subsec. (e)(1). Pub. L. 111281, § 806(c)(1), substituted “The Secretary shall establish a strategic plan to utilize those assistance programs to assist ports and facilities that are found by the Secretary under subsection (a) not to maintain effective antiterrorism measures in the implementation of port security antiterrorism measures.” for “The Secretary shall establish a program to utilize the programs that are capable of implementing port security antiterrorism measures at ports in foreign countries and territories of the United States that the Secretary finds to lack effective antiterrorism measures.” Subsec. (f). Pub. L. 111281, § 806(b), added subsec. (f). 2006—Pub. L. 109347, § 233(b)(1), substituted “Actions and assistance for foreign ports and United States territories” for “Actions when foreign ports not maintaining effective antiterrorism measures” in section catchline. Subsec. (e). Pub. L. 109347, § 233(b)(2), added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(12) is effective with the enactment of Pub. L. 111281.
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# 46 U.S.C. § 70111 - Enhanced crewmember identification
## Text
(a) Requirement.— Not later than 1 year after the date of enactment of the SAFE Port Act, the Secretary, in consultation with the Attorney General and the Secretary of State, shall require crewmembers on vessels calling at United States ports to carry and present on demand any identification that the Secretary decides is necessary.
(b) Forms and Process.— Not later than 1 year after the date of enactment of the SAFE Port Act, the Secretary, in consultation with the Attorney General and the Secretary of State, shall establish the proper forms and process that shall be used for identification and verification of crewmembers.
(Added Pub. L. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2080; amended Pub. L. 109347, title I, § 110, Oct. 13, 2006, 120 Stat. 1893.)
## Notes
Editorial Notes
References in TextThe date of enactment of the SAFE Port Act, referred to in subsecs. (a) and (b), is the date of enactment of Pub. L. 109347, which was approved Oct. 13, 2006.
Amendments2006—Subsecs. (a), (b). Pub. L. 109347 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 IdentificationPub. L. 107295, title I, § 103, Nov. 25, 2002, 116 Stat. 2084, provided that: “(a) Treaty Initiative.—The Secretary of the department in which the Coast Guard is operating is encouraged to negotiate an international agreement, or an amendment to an international agreement, that provides for a uniform, comprehensive, international system of identification for seafarers that will enable the United States and another country to establish authoritatively the identity of any seafarer aboard a vessel within the jurisdiction, including the territorial waters, 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 system 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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
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# 46 U.S.C. § 70112 - Maritime Security Advisory Committees
## Text
(a) National Maritime Security Advisory Committee.— (1) Establishment.— There is established a National Maritime Security Advisory Committee (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 transportation 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 Secretary in accordance with this subsection and section 15109 of this title.
(B) Expertise.— Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
(C) Representation.— Each of the following 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 consists of at least 8 members who, together, satisfy the minimum representation requirements of subparagraph (C), the Secretary shall, based on the needs of the Coast Guard, determine the number of additional members of the Committee who represent each entity specified in that subparagraph. Neither this subparagraph nor any other provision 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 Committees.— (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 Transportation Security Plan developed under section 70103(b) and make recommendations to the Secretary that the committee considers appropriate.
(B) Additional functions and meetings.— A committee established under this subsection 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.
(2) Membership.— (A) In general.— Each committee established under this subsection shall consist of at least 7 members appointed by the Secretary, 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.
(C) Notice.— Before appointing an individual to a position on a committee established under this subsection, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the committee.
(D) Background examinations.— The Secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this subsection.
(E) Representation.— Each committee established under this subsection shall be composed of individuals who represent the interests 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 established under this subsection shall elect 1 of the committees members as the Chairperson and 1 of the committees members as the Vice Chairperson.
(B) Vice chairperson acting as chairperson.— 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 Secretarys designated representative to a committee established under this subsection shall act as the executive 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 established under this subsection in formulating policy regarding matters affecting maritime security.
(6) Compensation and expenses.— (A) In general.— A member of a committee 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 equivalent of the current rate of basic pay in effect for GS15 of the General Schedule under section 5332 of title 5 including travel time; and
(ii) travel or transportation expenses under section 5703 of title 5.
(B) Status.— A member of a committee established 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 paragraph.
(7) Chapter 10 of title 5.— Chapter 10 of title 5 does not apply to a committee established under this subsection.
(Added Pub. L. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2081; amended Pub. L. 108293, title VIII, § 806, Aug. 9, 2004, 118 Stat. 1082; Pub. L. 109241, title IX, § 901(m), July 11, 2006, 120 Stat. 565; Pub. L. 111281, title VIII, § 810, Oct. 15, 2010, 124 Stat. 2995; Pub. L. 115254, div. J, § 1805(c)(1), Oct. 5, 2018, 132 Stat. 3534; Pub. L. 115282, title VI, § 602(a), Dec. 4, 2018, 132 Stat. 4290; Pub. L. 117286, § 4(a)(294), (295), Dec. 27, 2022, 136 Stat. 4338.)
## Notes
Editorial Notes
Amendments2022—Subsec. (b)(4)(B). Pub. L. 117286, § 4(a)(294), substituted “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. 117286, § 4(a)(295), substituted “Chapter 10 of title 5” for “FACA” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text. 2018—Pub. L. 115282, § 602(a), amended section generally. 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. 115254 inserted “, including on enhancing the sharing of information related to cybersecurity risks that may cause a transportation security incident, between relevant Federal agencies and—” in introductory provisions and added cls. (i) to (vi). 2010—Subsec. (b)(5). Pub. L. 111281, § 810(1), amended par. (5) generally. Prior to amendment par. (5) read as follows: “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.” Subsec. (g)(1)(A). Pub. L. 111281, § 810(2)(A), substituted “2020;” for “2008;”. Subsec. (g)(2). Pub. L. 111281, § 810(2)(B), substituted “2018” for “2006”. 2006—Subsec. (b)(5). Pub. L. 109241 realigned margins. 2004—Subsec. (b)(5). Pub. L. 108293 added par. (5).
Statutory Notes and Related Subsidiaries
Treatment of Existing CommitteePub. L. 115282, title VI, § 602(b), Dec. 4, 2018, 132 Stat. 4293, provided that: “Notwithstanding any other provision 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 committee may remain in force or in effect; and “(2) during the 2-year period referenced in paragraph (1)—“(A) requirements relating to the National Maritime 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 aspects thereof, void, not in force, or not in effect; “(ii) to suspend the activities of such committee; or “(iii) to bar the members of such committee from meeting.”
Cybersecurity Information Sharing and Coordination in PortsPub. L. 115254, 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 infrastructure protection, cybersecurity, and other related programs of the Department of Homeland Security, shall—“(1) not later than 1 year after the date of enactment 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 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 SharingPub. L. 115254, 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].”
@@ -0,0 +1,45 @@
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# 46 U.S.C. § 70113 - Maritime intelligence
## Text
(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. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2082; amended Pub. L. 108293, title VIII, § 803(a), Aug. 9, 2004, 118 Stat. 1080.)
## Notes
Editorial Notes
Amendments2004—Subsec. (a). Pub. L. 108293 inserted at end “The system may include a vessel risk profiling component that assigns incoming vessels a terrorism risk rating.”
@@ -0,0 +1,57 @@
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# 46 U.S.C. § 70114 - Automatic identification systems
## Text
(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.
(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. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2082.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 107295, 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.”
@@ -0,0 +1,47 @@
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# 46 U.S.C. § 70115 - Long-range vessel tracking system
## Text
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. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2083; amended Pub. L. 108293, title VIII, § 803(b), Aug. 9, 2004, 118 Stat. 1080; Pub. L. 109347, title I, § 107(a), Oct. 13, 2006, 120 Stat. 1891.)
## Notes
Editorial Notes
Amendments2006—Pub. L. 109347, in first sentence, substituted “Not later than April 1, 2007, the Secretary” for “The Secretary”. 2004—Pub. L. 108293, in first sentence, substituted “shall, consistent with international treaties, conventions, and agreements to which the United States is a party,” for “may”.
Statutory Notes and Related Subsidiaries
RegulationsPub. L. 109347, 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 SystemPub. L. 109241, 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).”
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# 46 U.S.C. § 70116 - Port, harbor, and coastal facility security
## Text
(a) General Authority.— The Secretary may take actions described in subsection (b) to prevent or respond to an act of terrorism, cyber incidents, transnational organized crime, and foreign state threats 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, cyber incidents, transnational organized crime, and foreign state threats;
(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, cyber incidents, transnational organized crime, and foreign state threats; and
(3) dispatch properly trained and qualified, armed (as needed), 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, cyber incidents, transnational organized crime, foreign state threats, 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, 70033, 70035, and 70036. When preventing or responding to acts of terrorism, cyber incidents, transnational organized crime, or foreign state threats, the Secretary may carry out this section without regard to chapters 5 and 6 of title 5 or Executive Order Nos. 12866 and 13563.
(Added and amended Pub. L. 115282, title IV, § 402(b)(1), (2), Dec. 4, 2018, 132 Stat. 4264; Pub. L. 116283, div. G, title LVXXXIII [LXXXIII], § 8341, Jan. 1, 2021, 134 Stat. 4709; Pub. L. 11960, div. G, title LXXVII, § 7701(b), Dec. 18, 2025, 139 Stat. 1835.)
## Notes
Editorial Notes
References in TextExecutive Order Nos. 12866 and 13563, referred to in subsec. (c), are set out as notes under section 601 of Title 5, Government Organization and Employees.
Codification Section, as added and amended by Pub. L. 115282, is based on subsecs. (a) and (b) of Pub. L. 92340, § 7, as added Pub. L. 99399, title IX, § 906, Aug. 27, 1986, 100 Stat. 890; amended Pub. L. 107295, 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. 92340 were also renumbered as section 70102a of this title by Pub. L. 115282, title IV, § 408(a), Dec. 4, 2018, 132 Stat. 4268.
Prior ProvisionsA prior section 70116, added Pub. L. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2083, related to secure systems of transportation, prior to repeal by Pub. L. 115254, div. J, § 1809(b), Oct. 5, 2018, 132 Stat. 3538.
Amendments2025—Subsec. (b)(1). Pub. L. 11960, § 7701(b)(1), substituted “terrorism, cyber” for “terrorism cyber”. Subsec. (b)(2). Pub. L. 11960, § 7701(b)(2), inserted a comma after “acts of terrorism”. 2021—Subsec. (a). Pub. L. 116283, § 8341(1), inserted “, cyber incidents, transnational organized crime, and foreign state threats” after “an act of terrorism” in introductory provisions. Subsec. (b)(1), (2). Pub. L. 116283, § 8341(2)(A), inserted “cyber incidents, transnational organized crime, and foreign state threats” after “terrorism”. Subsec. (b)(3). Pub. L. 116283, § 8341(2)(B), substituted “, armed (as needed),” for “armed” and “terrorism, cyber incidents, transnational organized crime, foreign state threats, or transportation security incidents,” for “terrorism or transportation security incidents,”. Subsec. (c). Pub. L. 116283, § 8341(3), substituted “70033,” for “70034,” and inserted at end “When preventing or responding to acts of terrorism, cyber incidents, transnational organized crime, or foreign state threats, the Secretary may carry out this section without regard to chapters 5 and 6 of title 5 or Executive Order Nos. 12866 and 13563.” 2018—Pub. L. 115282, § 402(b)(1), transferred section catchline and subsecs. (a) and (b) of section 7 of Pub. L. 92340 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. 115282, § 402(b)(2), added subsec. (c).
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# 46 U.S.C. § 70117 - Repealed. Pub. L. 111281, title II, § 208(b), Oct. 15, 2010, 124 Stat. 2912]
## Notes
Section, added Pub. L. 108293, title VIII, § 801(a), Aug. 9, 2004, 118 Stat. 1078, § 70118; renumbered § 70117, Pub. L. 109241, title IX, § 901(l)(1), July 11, 2006, 120 Stat. 565; Pub. L. 109304, § 15(33)(A), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603, related to firearms, arrests, and seizure of property.
Editorial Notes
Prior ProvisionsA prior section 70117 was renumbered section 70120 of this title. Another prior section 70117 was renumbered section 70119 of this title.
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# 46 U.S.C. § 70118 - Enforcement by State and local officers
## Text
(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 70051 or security or safety zone regulation under section 70116(b) or a safety zone regulation prescribed under section 10(d) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(d)) by a Coast Guard official authorized by law to prescribe such regulations, if—
(1) such violation is a felony; and
(2) the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation.
(b) Other Powers not Affected.— The provisions of this section are in addition to any power conferred by law to such officers. This section shall not be construed as a limitation of any power conferred by law to such officers, or any other officer of the United States or any State. This section does not grant to such officers any powers not authorized by the law of the State in which those officers are employed.
(Added Pub. L. 108293, title VIII, § 801(a), Aug. 9, 2004, 118 Stat. 1078, § 70119; renumbered § 70118, Pub. L. 109241, title IX, § 901(l)(1), July 11, 2006, 120 Stat. 565; Pub. L. 109304, § 15(33)(A), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603; Pub. L. 11960, div. G, title LXXVII, § 7701(c), Dec. 18, 2025, 139 Stat. 1835.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 70118 was renumbered section 70117 of this title and subsequently repealed. Another prior section 70118 was renumbered section 70121 of this title.
Amendments2025—Subsec. (a). Pub. L. 11960 substituted “section 70051” for “section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191)” and “section 70116(b)” for “section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b))”. 2008—Pub. L. 110181 repealed Pub. L. 109304, § 15(33)(A). See 2006 Amendment note below. 2006—Pub. L. 109304, § 15(33)(A), which directed renumbering identical to that made by Pub. L. 109241, was repealed by Pub. L. 110181. See Amendment note and Construction of 2006 Amendment note below. Pub. L. 109241 renumbered section 70119 of this title, as added by Pub. L. 108293, § 801(a), as this section.
Statutory Notes and Related Subsidiaries
Construction of 2006 AmendmentProvisions of Pub. L. 109304 repealed by section 3529(c)(1) of Pub. L. 110181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110181, set out as a note under section 9504 of Title 26, Internal Revenue Code.
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# 46 U.S.C. § 70119 - Civil penalty
## Text
(a) In General.— Any person that violates this chapter or any regulation under this chapter shall be liable to the United States for a civil penalty of not more than $25,000 for each day during which the violation continues.
(b) Continuing Violations.— The maximum amount of a civil penalty for a violation under this section shall not exceed $50,000.
(Added Pub. L. 107295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2084, § 70117; renumbered § 70119, Pub. L. 108293, title VIII, § 802(a)(1), Aug. 9, 2004, 118 Stat. 1078; amended Pub. L. 109241, title III, § 306(a), July 11, 2006, 120 Stat. 528.)
## Notes
Editorial Notes
Codification Another section 70119 was renumbered section 70118 of this title.
Amendments2006—Pub. L. 109241 designated existing provisions as subsec. (a), inserted heading, substituted “day during which the violation continues” for “violation”, and added subsec. (b).
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# 46 U.S.C. § 70120 - In rem liability for civil penalties and certain costs
## Text
(a) Civil Penalties.— Any vessel operated in violation of this chapter or any regulations prescribed under this chapter shall be liable in rem for any civil penalty assessed pursuant to section 70119 for such violation, and may be proceeded against for such liability in the United States district court for any district in which the vessel may be found.
(b) Reimbursable Costs of Service Providers.— A vessel shall be liable in rem for the reimbursable costs incurred by any service provider related to implementation and enforcement of this chapter and arising from a violation by the operator of the vessel of this chapter or any regulations prescribed under this chapter, and may be proceeded against for such liability in the United States district court for any district in which such vessel may be found.
(c) Definitions.— In this subsection—
(1) the term “reimbursable costs” means costs incurred by any service provider acting in conformity with a lawful order of the Federal government or in conformity with the instructions of the vessel operator; and
(2) the term “service provider” means any port authority, facility or terminal operator, shipping agent, Federal, State, or local government agency, or other person to whom the management of the vessel at the port of supply is entrusted, for—
(A) services rendered to or in relation to vessel crew on board the vessel, or in transit to or from the vessel, including accommodation, detention, transportation, and medical expenses; and
(B) required handling of cargo or other items on board the vessel.
(Added Pub. L. 108293, title VIII, § 802(a)(2), Aug. 9, 2004, 118 Stat. 1078, § 70117; renumbered § 70120 and amended Pub. L. 109241, title IX, § 901(l)(2), (3), July 11, 2006, 120 Stat. 565; Pub. L. 109304, § 15(33)(B), (C), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.)
## Notes
Editorial Notes
Amendments2008—Pub. L. 110181 repealed Pub. L. 109304, § 15(33)(B), (C). See 2006 Amendment notes below. 2006—Pub. L. 109304, § 15(33)(B), which directed renumbering identical to that made by Pub. L. 109241, § 901(l)(2), was repealed by Pub. L. 110181. See Amendment note and Construction of 2006 Amendment note below. Pub. L. 109241, § 901(l)(2), renumbered section 70117 of this title, as added by Pub. L. 108293, § 802(a)(2), as this section. Subsec. (a). Pub. L. 109304, § 15(33)(C), which directed amendment identical to that made by Pub. L. 109241, § 901(l)(3), was repealed by Pub. L. 110181. See Amendment note and Construction of 2006 Amendment note below. Pub. L. 109241, § 901(l)(3), substituted “section 70119” for “section 70120”.
Statutory Notes and Related Subsidiaries
Construction of 2006 AmendmentProvisions of Pub. L. 109304 repealed by section 3529(c)(1) of Pub. L. 110181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110181, set out as a note under section 9504 of Title 26, Internal Revenue Code.
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# 46 U.S.C. § 70121 - Withholding of clearance
## Text
(a) Refusal or Revocation of Clearance.— If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty under section 70119, or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty under section 70119, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 60105 of this title.
(b) Clearance Upon Filing of Bond or Other Surety.— The Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.
(Added Pub. L. 108293, title VIII, § 802(a)(2), Aug. 9, 2004, 118 Stat. 1079, § 70118; renumbered § 70121 and amended Pub. L. 109241, title IX, § 901(l)(2), (4), July 11, 2006, 120 Stat. 565; Pub. L. 109304, § 15(33)(B), (D), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.)
## Notes
Editorial Notes
Amendments2008—Pub. L. 110181 repealed Pub. L. 109304, § 15(33)(B), (D)(i). See 2006 Amendment notes below. 2006—Pub. L. 109304, § 15(33)(B), which directed renumbering identical to that made by Pub. L. 109241, § 901(l)(2), was repealed by Pub. L. 110181. See Amendment note and Construction of 2006 Amendment note below. Pub. L. 109241, § 901(l)(2), renumbered section 70118 of this title, as added by Pub. L. 108293, § 802(a)(2), as this section. Subsec. (a). Pub. L. 109304, § 15(33)(D)(ii), substituted “section 60105 of this title” for “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)”. Pub. L. 109304, § 15(33)(D)(i), which directed amendment identical to that made by Pub. L. 109241, § 901(l)(4), was repealed by Pub. L. 110181. See Amendment note and Construction of 2006 Amendment note below. Pub. L. 109241, § 901(l)(4), substituted “section 70119” for “section 70120”.
Statutory Notes and Related Subsidiaries
Construction of 2006 AmendmentProvisions of Pub. L. 109304 repealed by section 3529(c)(1) of Pub. L. 110181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110181, set out as a note under section 9504 of Title 26, Internal Revenue Code.
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# 46 U.S.C. § 70122 - Waterway Watch Program
## Text
(a) Program Established.— There is hereby established, within the Coast Guard, the Americas Waterway Watch Program.
(b) Purpose.— The Secretary shall administer the Program in a manner that promotes voluntary reporting of activities that may indicate that a person or persons may be preparing to engage or engaging in a violation of law relating to a threat or an act of terrorism (as that term is defined in section 3077 of title 18) against a vessel, facility, port, or waterway.
(c) Information; Training.— (1) Information.— The Secretary may establish, as an element of the Program, a network of individuals and community-based organizations that encourage the public and industry to recognize activities referred to in subsection (b), promote voluntary reporting of such activity, and enhance the situational awareness within the Nations ports and waterways. Such network shall, to the extent practicable, be conducted in cooperation with Federal, State, and local law enforcement agencies.
(2) Training.— The Secretary may provide training in—
(A) observing and reporting on covered activities; and
(B) sharing such reports and coordinating the response by Federal, State, and local law enforcement agencies.
(d) Voluntary Participation.— Participation in the Program—
(1) shall be wholly voluntary;
(2) shall not be a prerequisite to eligibility for, or receipt of, any other service or assistance from, or to participation in, any other program of any kind; and
(3) shall not require disclosure of information regarding the individual reporting covered activities or, for proprietary purposes, the location of such individual.
(e) Coordination.— The Secretary shall coordinate the Program with other like watch programs. The Secretary shall submit, concurrent with the Presidents budget submission for each fiscal year, a report on coordination of the Program and like watch programs within the Department of Homeland Security to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives.
(f) Authorization of Appropriations.— There are authorized to be appropriated for the purposes of this section $3,000,000 for each of fiscal years 2011 through 2016. Such funds shall remain available until expended.
(Added Pub. L. 111281, title VIII, § 801(a), Oct. 15, 2010, 124 Stat. 2988; amended Pub. L. 114120, title III, § 306(a)(11), Feb. 8, 2016, 130 Stat. 55.)
## Notes
Editorial Notes
Amendments2016—Pub. L. 114120 substituted “Watch Program” for “watch program” in section catchline.
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# 46 U.S.C. § 70123 - Mobile biometric identification
## Text
(a) In General.— Within one year after the date of the enactment of the Coast Guard Authorization Act of 2010, the Secretary shall conduct, in the maritime environment, a program for the mobile biometric identification of suspected individuals, including terrorists, to enhance border security and for other purposes.
(b) Requirements.— The Secretary shall ensure the program required in this section is coordinated with other biometric identification programs within the Department of Homeland Security.
(c) Definition.— For the purposes of this section, the term “biometric identification” means use of fingerprint and digital photography images and facial and iris scan technology and any other technology considered applicable by the Department of Homeland Security.
(Added Pub. L. 111281, title VIII, § 807(a), Oct. 15, 2010, 124 Stat. 2993.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Coast Guard Authorization Act of 2010, referred to in subsec. (a), is the date of enactment of Pub. L. 111281, which was approved Oct. 15, 2010.
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# 46 U.S.C. § 70124 - Regulations
## Text
Unless otherwise provided, the Secretary may issue regulations necessary to implement this chapter.
(Added Pub. L. 111281, title VIII, § 820(a), Oct. 15, 2010, 124 Stat. 3001.)
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# 46 U.S.C. § 70125 - Port security training for facility security officers
## Text
(a) Facility Security Officers.— The Secretary shall establish comprehensive facility security officer training requirements designed to provide full security training that would lead to certification of such officers. In establishing the requirements, the Secretary shall—
(1) work with affected industry stakeholders; and
(2) evaluate—
(A) the requirements of subsection (b);
(B) existing security training programs employed at marine terminal facilities; and
(C) existing port security training programs developed by the Federal Government.
(b) Requirements.— The training program shall provide validated training that—
(1) provides training at the awareness, performance, management, and planning levels;
(2) utilizes multiple training mediums and methods;
(3) establishes a validated provisional on-line certification methodology;
(4) provide for continuing education and training for facility security officers beyond certification requirements, including a program to educate on the dangers and issues associated with the shipment of hazardous and especially hazardous cargo;
(5) addresses port security topics, including—
(A) facility security plans and procedures, including how to develop security plans and security procedure requirements when threat levels are elevated;
(B) facility security force operations and management;
(C) physical security and access control at facilities;
(D) methods of security for preventing and countering cargo theft;
(E) container security;
(F) recognition and detection of weapons, dangerous substances, and devices;
(G) operation and maintenance of security equipment and systems;
(H) security threats and patterns;
(I) security incident procedures, including procedures for communicating with governmental and nongovernmental emergency response providers; and
(J) evacuation procedures;
(6) is consistent with, and supports implementation of, the National Incident Management System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, the National Maritime Transportation Security Plan, and other such national initiatives;
(7) is evaluated against clear and consistent performance measures;
(8) addresses security requirements under facility security plans;
(9) addresses requirements under the International Code for the Security of Ships and Port Facilities to address shore leave for mariners and access to visitors, representatives of seafarers welfare organizations, and labor organizations; and
(10) such other subject matters as may be prescribed by the Secretary.
(c) Continuing Security Training.— The Secretary, in coordination with the Secretary of Transportation, shall work with State and local law enforcement agencies and industry stakeholders to develop and certify the following additional security training requirements for Federal, State, and local officials with security responsibilities at United States seaports:
(1) A program to familiarize them with port and shipping operations, requirements of the Maritime Transportation Security Act of 2002 (Public Law 107295), and other port and cargo security programs that educates and trains them with respect to their roles and responsibilities.
(2) A program to familiarize them with dangers and potential issues with respect to shipments of hazardous and especially hazardous cargoes.
(3) A program of continuing education as deemed necessary by the Secretary.
(d) Training Partners.— In developing curriculum and delivering training established pursuant to subsections (a) and (c), the Secretary, in coordination with the Maritime Administrator of the Department of Transportation and consistent with section 109 of the Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 note), shall work with institutions with maritime expertise and with industry stakeholders with security expertise to develop appropriate training capacity to ensure that training can be provided in a geographically balanced manner to personnel seeking certification under subsection (a) or education and training under subsection (c).
(e) Established Grant Program.— The Secretary shall issue regulations or grant solicitations for grants for homeland security or port security to ensure that activities surrounding the development of curriculum and the provision of training and these activities are eligible grant activities under both grant programs.
(Added Pub. L. 111281, title VIII, § 821(a), Oct. 15, 2010, 124 Stat. 3001; amended Pub. L. 111330, § 1(14), Dec. 22, 2010, 124 Stat. 3570.)
## Notes
Editorial Notes
References in TextThe Maritime Transportation Security Act of 2002, referred to in subsec. (c)(1), is Pub. L. 107295, Nov. 25, 2002, 116 Stat. 2064. For complete classification of this Act to the Code, see Tables.
Amendments2010—Pub. L. 111330 amended Pub. L. 111281, § 821(a), which enacted this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(12) is effective with the enactment of Pub. L. 111281.
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# 46 U.S.C. § 70131 - Definitions
## Text
In this subchapter:
(1) Law enforcement agency.— The term “law enforcement agency” means an agency of a State, a political subdivision of a State, or a Federally recognized tribe that is authorized by law to supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
(2) Security zone.— The term “security zone” means a security zone, established by the Commandant of the Coast Guard or the Commandants designee pursuant to section 70051 or section 70116(b), for a vessel carrying especially hazardous cargo when such vessel—
(A) enters, or operates within, the internal waters of the United States and the territorial sea of the United States; or
(B) transfers such cargo or residue in any port or place, under the jurisdiction of the United States, within the territorial sea of the United States or the internal waters of the United States.
(Added Pub. L. 111281, title VIII, § 828(a), Oct. 15, 2010, 124 Stat. 3005; amended Pub. L. 111330, § 1(16), Dec. 22, 2010, 124 Stat. 3570; Pub. L. 11960, div. G, title LXXVII, § 7701(d), Dec. 18, 2025, 139 Stat. 1835.)
## Notes
Editorial Notes
Amendments2025—Par. (2). Pub. L. 11960 subtituted “section 70051” for “section 1 of title II of the Act of June 15, 1917 (50 U.S.C. 191)” and “section 70116(b)” for “section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b))” in introductory provisions. 2010—Pub. L. 111330 amended Pub. L. 111281, § 828(a), which enacted this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(16) is effective with the enactment of Pub. L. 111281.
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type: "LegalText"
title: "46 U.S.C. § 70132"
description: "Credentialing standards, training, and certification for State and local support for the enforcement of security zones for the transportation of especially hazardous cargo"
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title_number: 46
title_name: "SHIPPING"
chapter_number: "701"
chapter_name: "PORT SECURITY"
section: "70132"
citation: "46 U.S.C. § 70132"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 46 U.S.C. § 70132 - Credentialing standards, training, and certification for State and local support for the enforcement of security zones for the transportation of especially hazardous cargo
## Text
(a) Standard.— The Commandant of the Coast Guard shall establish, by regulation, national standards for training and credentialing of public safety personnel—
(1) to enforce a security zone; or
(2) to assist in the enforcement of a security zone.
(b) Training.— (1) The Commandant of the Coast Guard—
(A) shall develop and publish a training curriculum for—
(i) public safety personnel to enforce a security zone;
(ii) public safety personnel to enforce or assist in the enforcement of a security zone; and
(iii) personnel who are employed or retained by a facility or vessel owner to assist in the enforcement of a security zone; and
(B) may—
(i) test and deliver such training, the curriculum for which is developed pursuant to subparagraph (A);
(ii) enter into an agreement under which a public entity (including a Federal agency) or private entity may test and deliver such training, the curriculum for which has been developed pursuant to subparagraph (A); and
(iii) may accept a program, conducted by a public entity (including a Federal agency) or private entity, through which such training is delivered the curriculum for which is developed pursuant to subparagraph (A).
(2) Any Federal agency that provides such training, and any public or private entity that receives moneys, pursuant to section 70107(b)(8) of this title, to provide such training, shall provide such training—
(A) to public safety personnel who enforce or assist in the enforcement of a security zone; and
(B) on an availability basis to—
(i) public safety personnel who assist in the enforcement of a security zone; and
(ii) personnel who are employed or retained by a facility or vessel owner or operator to assist in the enforcement of a security zone.
(3) If a Federal agency provides the training, the head of such agency may, notwithstanding any other provision of law, accept payment from any source for such training, and any amount received as payment shall be credited to the appropriation, current at the time of collection, charged with the cost thereof and shall be merged with, and available for, the same purposes of such appropriation.
(4) Notwithstanding any other provision of law, any moneys, awarded by the Department of Homeland Security in the form of awards or grants, may be used by the recipient to pay for training of personnel to assist in the enforcement of security zones and limited access areas.
(c) Certification; Training Partners.— In developing and delivering training under the training program, the Secretary, in coordination with the Maritime Administrator of the Department of Transportation, and consistent with section 109 of the Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 note), shall—
(1) work with government training facilities, academic institutions, private organizations, employee organizations, and other entities that provide specialized, state-of-the-art training for governmental and nongovernmental emergency responder providers or commercial seaport personnel and management;
(2) utilize, as appropriate, government training facilities, courses provided by community colleges, public safety academies, State and private universities, and other facilities; and
(3) certify organizations that offer the curriculum for training and certification.
(d) Public Safety Personnel Defined.— For the purposes of this section, the term “public safety personnel” includes any Federal, State (or political subdivision thereof), territorial, or Tribal law enforcement officer, firefighter, or emergency response provider.
(Added Pub. L. 111281, title VIII, § 828(a), Oct. 15, 2010, 124 Stat. 3005; amended Pub. L. 111330, § 1(16), Dec. 22, 2010, 124 Stat. 3570; Pub. L. 116283, div. G, title LVXXXIII [LXXXIII], § 8314(2), Jan. 1, 2021, 134 Stat. 4699.)
## Notes
Editorial Notes
References in TextSection 109 of the Maritime Transportation Security Act of 2002, referred to in subsec. (c), is section 109 of title I of Pub. L. 107295, which is set out as a note under section 70101 of this title.
Amendments2021—Subsec. (a). Pub. L. 116283, § 8314(2)(A), substituted “public safety personnel—” for “law enforcement personnel—” in introductory provisions. Subsec. (b). Pub. L. 116283, § 8314(2)(B), substituted “public safety personnel” for “law enforcement personnel” wherever appearing. Subsec. (d). Pub. L. 116283, § 8314(2)(C), added subsec. (d). 2010—Pub. L. 111330 amended Pub. L. 111281, § 828(a), which enacted this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(16) is effective with the enactment of Pub. L. 111281.