StatA

§ 70101

TITLE 46—SHIPPING

otherwise would be imposed is a lien enforceable against the vessel when found in the waters of the United States.
(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1682.)
HISTORICAL AND REVISION NOTES
Revised
Section
60507(a) ......
60507(b) ......
60507(c) ......
60507(d) ......

Source (U.S. Code)

Source (Statutes at Large)

46 App.:144 (1st par.
words before 3d
comma).
46 App.:144 (1st par.
words after 3d
comma).
46 App.:144 (last
par.).
46 App.:145.

July 26, 1892, ch. 248, 27
Stat. 267.

CHAPTER 701—PORT SECURITY
70101.
70102.

Subtitle VII—Security and Drug
Enforcement
701.
703.
705.

and Drug Enforcement’’ for ‘‘Miscellaneous’’ in subtitle
heading and adding items 703 and 705.
Pub. L. 109–304, § 9(a), Oct. 6, 2006, 120 Stat. 1674, which
directed amendment identical to that made by Pub. L.
109–241, was repealed by Pub. L. 110–181, § 3529(c)(1), with
Pub. L. 109–304, § 9(a), to be treated as if never enacted.
See note below.
Pub. L. 109–241, title IX, § 901(k)(1), July 11, 2006, 120
Stat. 564, redesignated subtitle VI of this title as subtitle VII.

Sec.

In this section, the word ‘‘cargo’’ is substituted for
‘‘cargo’’, ‘‘cargoes’’, ‘‘portions or cargoes’’, ‘‘freight’’,
and ‘‘freight of whatever kind or description’’ for consistency and to eliminate unnecessary words.
Subsection (a) is substituted for ‘‘With a view of securing reciprocal advantages for the citizens, ports, and
vessels of the United States’’ to improve the organization of the section.
In subsection (b), the words ‘‘and so often as’’ are
omitted as unnecessary. The word ‘‘burdened’’ is substituted for ‘‘made difficult or burdensome’’, the word
‘‘unreasonable’’ is substituted for ‘‘reciprocally unjust
and unreasonable’’, the words ‘‘the President by proclamation may suspend’’ are substituted for ‘‘he shall
have the power, and it shall be his duty, to suspend by
proclamation to that effect’’, the words ‘‘even when
carried in vessels of the United States’’ are substituted
for ‘‘whether carried in vessels of the United States or
of other nations’’, and the words ‘‘The suspension shall
apply to the extent and for the time the President considers appropriate’’ are substituted for ‘‘for such time
and to such extent (including absolute prohibition) as
he shall deem just’’, to eliminate unnecessary words.
In subsection (c)(1), the words ‘‘the President shall
impose a toll of’’ are substituted for ‘‘tolls shall be levied, collected, and paid as follows, to wit: . . . as shall
be from time to time determined by the President’’ for
clarity and to eliminate unnecessary words.
In subsection (c)(2), the word ‘‘landed’’ is substituted
for ‘‘carried to and landed’’ to eliminate unnecessary
words.
In subsection (d), the Secretary of Homeland Security
is substituted for the Commissioner of Customs because
the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub.
L. 107–296, 116 Stat. 2178). The functions of the Commissioner of Customs previously were vested in the Secretary of the Treasury under section 321(c) of title 31.
For prior related transfers of functions, see the transfer
of functions note under 46 App. U.S.C. 145.
In subsection (d)(2), the words ‘‘a port described in
subsection (c)(2) of this section’’ are substituted for
‘‘some port or place within the limits above named’’ for
clarity.

Chapter

Page 400

Sec.

Port Security ........................................ 70101
Maritime Security ............................... 70301
Maritime Drug Law Enforcement ... 70501
AMENDMENTS

2008—Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1),
Jan. 28, 2008, 122 Stat. 603, repealed Pub. L. 109–304,
§ 9(a). See 2006 Amendment note below.
2006—Pub. L. 109–304, § 10(1), Oct. 6, 2006, 120 Stat. 1683,
amended analysis generally, substituting ‘‘Security

70103.
70104.
70105.
70106.
70107.
70107A.
70108.
70109.
70110.
70111.
70112.
70113.
70114.
70115.
70116.
70117.
70118.
70119.
70120.
70121.

Definitions.
United States facility and vessel vulnerability assessments.
Maritime transportation security plans.
Transportation security incident response.
Transportation security cards.
Maritime safety and security teams.
Grants.
Interagency operational centers for port security 1
Foreign port assessment.
Notifying foreign authorities.
Actions and assistance for foreign ports and
United States territories.
Enhanced crewmember identification.
Maritime security advisory committees.2
Maritime intelligence.
Automatic identification systems.
Long-range vessel tracking system.
Secure systems of transportation.
Firearms, arrests, and seizure of property.
Enforcement by State and local officers.
Civil penalty.
In rem liability for civil penalties and certain
costs.
Withholding of clearance.
AMENDMENTS

2006—Pub. L. 109–347, title I, § 108(d), title II, § 233(d),
Oct. 13, 2006, 120 Stat. 1893, 1918, added item 70107A and
substituted ‘‘Actions and assistance for foreign ports
and United States territories’’ for ‘‘Actions when foreign ports not maintaining effective antiterrorism
measures’’ in item 70110.
Pub. L. 109–304, § 15(33)(E), Oct. 6, 2006, 120 Stat. 1705,
which directed the substitution of items 70117 to 70121
for items 70117 to 70119, was executed by making the
substitution for items 70117 ‘‘Civil penalty’’, 70118 ‘‘Enforcement’’, 70117 ‘‘In rem liability for civil penalties
and certain costs’’, 70118 ‘‘Enforcement by injunction
or withholding of clearance’’, and 70119 ‘‘Civil penalty’’
to reflect the probable intent of Congress.
Pub. L. 109–241, § 901(l)(5), July 11, 2006, 120 Stat. 565,
which directed amendment of analysis by striking
items 70117 through the second 70119 and inserting
items 70117 ‘‘Firearms, arrests, and seizure of property’’, 70118 ‘‘Enforcement by State and local officers’’,
70119 ‘‘Civil penalty’’, 70120 ‘‘In rem liability for civil
penalties and certain costs’’, and 70121 ‘‘Withholding of
clearance’’, could not be executed because only one
item 70119 appeared.
2004—Pub. L. 108–293, title VIII, § 802(c), Aug. 9, 2004,
118 Stat. 1080, added items 70117 ‘‘In rem liability for
civil penalties and certain costs’’, 70118 ‘‘Enforcement
by injunction or withholding of clearance’’, and 70119
‘‘Civil penalty’’, and struck out former item 70119 ‘‘Enforcement by State and local officers’’.
Pub. L. 108–293, title VIII, § 801(b), Aug. 9, 2004, 118
Stat. 1078, added items 70118 ‘‘Enforcement’’ and 70119
‘‘Enforcement by State and local officers’’.

§ 70101. Definitions
For the purpose of this chapter:
1 So
2 So

in original. Probably should be followed by a period.
in original. Does not conform to section catchline.

Page 401

TITLE 46—SHIPPING

(1) The term ‘‘Area Maritime Transportation
Security Plan’’ means an Area Maritime
Transportation Security Plan prepared under
section 70103(b).
(2) The term ‘‘facility’’ means any structure
or facility of any kind located in, on, under, or
adjacent to any waters subject to the jurisdiction of the United States.
(3) The term ‘‘National Maritime Transportation Security Plan’’ means the National
Maritime Transportation Security Plan prepared and published under section 70103(a).
(4) The term ‘‘owner or operator’’ means—
(A) in the case of a vessel, any person owning, operating, or chartering by demise, such
vessel; and
(B) in the case of a facility, any person
owning, leasing, or operating such facility.
(5) The term ‘‘Secretary’’ means the Secretary of the department in which the Coast
Guard is operating.
(6) The term ‘‘transportation security incident’’ means a security incident resulting in a
significant loss of life, environmental damage,
transportation system disruption, or economic
disruption in a particular area. In this paragraph, the term ‘‘economic disruption’’ does
not include a work stoppage or other employee-related action not related to terrorism
and resulting from an employee-employer dispute.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2068; amended Pub. L. 109–347, title
I, § 124, Oct. 13, 2006, 120 Stat. 1900.)
AMENDMENTS
2006—Par. (6). Pub. L. 109–347 inserted at end ‘‘In this
paragraph, the term ‘economic disruption’ does not include a work stoppage or other employee-related action
not related to terrorism and resulting from an employee-employer dispute.’’
REGULATIONS
Pub. L. 107–295, title I, § 102(d), Nov. 25, 2002, 116 Stat.
2084, provided that:
‘‘(1) INTERIM FINAL RULE AUTHORITY.—The Secretary
shall issue an interim final rule as a temporary regulation implementing this section [enacting this subtitle
and provisions set out as notes under sections 70104 and
70114 of this title] (including the amendments made by
this section) as soon as practicable after the date of enactment of this section [Nov. 25, 2002], without regard
to the provisions of chapter 5 of title 5, United States
Code. All regulations prescribed under the authority of
this subsection that are not earlier superseded by final
regulations shall expire not later than 1 year after the
date of enactment of this Act [Nov. 25, 2002].
‘‘(2) INITIATION OF RULEMAKING.—The Secretary may
initiate a rulemaking to implement this section (including the amendments made by this section) as soon
as practicable after the date of enactment of this section. The final rule issued pursuant to that rulemaking
may supersede the interim final rule promulgated
under this subsection.’’
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.

§ 70101

WATCH LISTS FOR PASSENGERS ABOARD VESSELS
Pub. L. 108–458, title IV, § 4071, Dec. 17, 2004, 118 Stat.
3729, provided that:
‘‘(a) WATCH LISTS.—
‘‘(1) IN GENERAL.—As soon as practicable but not
later than 180 days after the date of the enactment of
this Act [Dec. 17, 2004], the Secretary of Homeland
Security shall—
‘‘(A) implement a procedure under which the Department of Homeland Security compares information about passengers and crew who are to be carried aboard a cruise ship with a comprehensive,
consolidated database containing information
about known or suspected terrorists and their associates;
‘‘(B) use the information obtained by comparing
the passenger and crew information with the information in the database to prevent known or suspected terrorists and their associates from boarding
such ships or to subject them to specific additional
security scrutiny, through the use of ‘no transport’
and ‘automatic selectee’ lists or other means.
‘‘(2) WAIVER.—The Secretary may waive the requirement in paragraph (1)(B) with respect to cruise
ships embarking at foreign ports if the Secretary determines that the application of such requirement to
such cruise ships is impracticable.
‘‘(b) COOPERATION FROM OPERATORS OF CRUISE
SHIPS.—The Secretary of Homeland Security shall by
rulemaking require operators of cruise ships to provide
the passenger and crew information necessary to implement the procedure required by subsection (a).
‘‘(c) MAINTENANCE OF ACCURACY AND INTEGRITY OF ‘NO
TRANSPORT’ AND ‘AUTOMATIC SELECTEE’ LISTS.—
‘‘(1) WATCH LIST DATABASE.—The Secretary of
Homeland Security, in consultation with the Terrorist Screening Center, shall develop guidelines, policies, and operating procedures for the collection, removal, and updating of data maintained, or to be
maintained, in the ‘no transport’ and ‘automatic selectee’ lists described in subsection (a)(1) that are designed to ensure the accuracy and integrity of the
lists.
‘‘(2) ACCURACY OF ENTRIES.—In developing the ‘no
transport’ and ‘automatic selectee’ lists under subsection (a)(1)(B), the Secretary shall establish a simple and timely method for correcting erroneous entries, for clarifying information known to cause false
hits or misidentification errors, and for updating relevant information that is dispositive in the passenger
and crew screening process. The Secretary shall also
establish a process to provide an individual whose
name is confused with, or similar to, a name in the
watch list database with a means of demonstrating
that such individual is not the person named in the
database.
‘‘(d) CRUISE SHIP DEFINED.—In this section, the term
‘cruise ship’ means a vessel on an international voyage
that embarks or disembarks passengers at a port of
United States jurisdiction to which subpart C of part
160 of title 33, Code of Federal Regulations, applies and
that provides overnight accommodations.’’
VESSEL AND INTERMODAL SECURITY REPORTS
Pub. L. 108–293, title VIII, § 809(g)–(i), (k), Aug. 9, 2004,
118 Stat. 1087, 1088, provided that:
‘‘(g) EVALUATION OF CARGO INSPECTION TARGETING
SYSTEM FOR INTERNATIONAL INTERMODAL CARGO CONTAINERS.—Within 180 days after the date of the enactment of this Act [Aug. 9, 2004] and annually thereafter,
the Inspector General of the department in which the
Coast Guard is operating shall prepare a report that includes an assessment of—
‘‘(1) the effectiveness of the current tracking system to determine whether it is adequate to prevent
international intermodal containers from being used
for purposes of terrorism;
‘‘(2) the sources of information, and the quality of
the information at the time of reporting, used by the

§ 70101

TITLE 46—SHIPPING

system to determine whether targeting information
is collected from the best and most credible sources
and evaluate data sources to determine information
gaps and weaknesses;
‘‘(3) the targeting system for reporting and analyzing inspection statistics, as well as testing effectiveness;
‘‘(4) the competence and training of employees operating the system to determine whether they are
sufficiently capable to detect potential terrorist
threats; and
‘‘(5) whether the system is an effective system to
detect potential acts of terrorism and whether additional steps need to be taken in order to remedy deficiencies in targeting international intermodal containers for inspection.
‘‘(h) ACTION REPORT.—If the Inspector General of the
department in which the Coast Guard is operating determines in any of the reports prepared under subsection (g) that the targeting system is insufficiently
effective as a means of detecting potential acts of terrorism utilizing international intermodal containers,
then the Secretary of the department in which the
Coast Guard is operating shall, within 90 days, submit
a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure [of the] House of
Representatives on what actions will be taken to correct deficiencies identified in the Inspector General Report.
‘‘(i) COMPLIANCE WITH SECURITY STANDARDS ESTABLISHED PURSUANT TO MARITIME TRANSPORTATION SECURITY PLANS.—Within 180 days after the date of the enactment of this Act [Aug. 9, 2004] and annually thereafter, the Secretary of the department in which the
Coast Guard is operating shall prepare a report on compliance and steps taken to ensure compliance by ports,
terminals, vessel operators, and shippers with security
standards established pursuant to section 70103 of title
46, United States Code. The reports shall also include a
summary of security standards established pursuant to
such section during the previous year. The Secretary
shall submit the reports to the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives.
‘‘(k) REPORT AND PLAN FORMATS.—The Secretary and
the Inspector General of the department in which the
Coast Guard is operating may submit any plan or report required by this section in both classified and redacted formats, if the Secretary determines that it is
appropriate or necessary.’’
FINDINGS
Pub. L. 107–295, title I, § 101, Nov. 25, 2002, 116 Stat.
2066, provided that:
‘‘The Congress makes the following findings:
‘‘(1) There are 361 public ports in the United States
that are an integral part of our Nation’s commerce.
‘‘(2) United States ports handle over 95 percent of
United States overseas trade. The total volume of
goods imported and exported through ports is expected to more than double over the next 20 years.
‘‘(3) The variety of trade and commerce carried out
at ports includes bulk cargo, containerized cargo,
passenger transport and tourism, and intermodal
transportation systems that are complex to secure.
‘‘(4) The United States is increasingly dependent on
imported energy for a substantial share of its energy
supply, and a disruption of that share of supply would
seriously harm consumers and our economy.
‘‘(5) The top 50 ports in the United States account
for about 90 percent of all the cargo tonnage. Twentyfive United States ports account for 98 percent of all
container shipments. Cruise ships visiting foreign
destinations embark from at least 16 ports. Ferries in
the United States transport 113,000,000 passengers and
32,000,000 vehicles per year.
‘‘(6) Ports often are a major locus of Federal crime,
including drug trafficking, cargo theft, and smuggling of contraband and aliens.

Page 402

‘‘(7) Ports are often very open and exposed and are
susceptible to large scale acts of terrorism that could
cause a large loss of life or economic disruption.
‘‘(8) Current inspection levels of containerized
cargo are insufficient to counter potential security
risks. Technology is currently not adequately deployed to allow for the nonintrusive inspection of
containerized cargo.
‘‘(9) The cruise ship industry poses a special risk
from a security perspective.
‘‘(10) Securing entry points and other areas of port
facilities and examining or inspecting containers
would increase security at United States ports.
‘‘(11) Biometric identification procedures for individuals having access to secure areas in port facilities are important tools to deter and prevent port
cargo crimes, smuggling, and terrorist actions.
‘‘(12) United States ports are international boundaries that—
‘‘(A) are particularly vulnerable to breaches in security;
‘‘(B) may present weaknesses in the ability of the
United States to realize its national security objectives; and
‘‘(C) may serve as a vector or target for terrorist
attacks aimed at the United States.
‘‘(13) It is in the best interests of the United
States—
‘‘(A) to have a free flow of interstate and foreign
commerce and to ensure the efficient movement of
cargo;
‘‘(B) to increase United States port security by
establishing improving communication among law
enforcement officials responsible for port security;
‘‘(C) to formulate requirements for physical port
security, recognizing the different character and
nature of United States port facilities, and to require the establishment of security programs at
port facilities;
‘‘(D) to provide financial assistance to help the
States and the private sector to increase physical
security of United States ports;
‘‘(E) to invest in long-term technology to facilitate the private sector development of technology
that will assist in the nonintrusive timely detection of crime or potential crime at United States
ports;
‘‘(F) to increase intelligence collection on cargo
and intermodal movements to address areas of potential threat to safety and security; and
‘‘(G) to promote private sector procedures that
provide for in-transit visibility and support law enforcement efforts directed at managing the security
risks of cargo shipments.
‘‘(14) On April 27, 1999, the President established the
Interagency Commission on Crime and Security in
United States Ports to undertake a comprehensive
study of the nature and extent of the problem of
crime in our ports, as well as the ways in which governments at all levels are responding. The Commission concluded that frequent crimes in ports include
drug smuggling, illegal car exports, fraud, and cargo
theft. Internal conspiracies are an issue at many
ports and contribute to Federal crime. Criminal organizations are exploiting weak security at ports to
commit a wide range of cargo crimes. Intelligence
and information sharing among law enforcement
agencies needs to be improved and coordinated at
many ports. A lack of minimum physical and personnel security standards at ports and related facilities
leaves many ports and port users very vulnerable. Access to ports and operations within ports is often uncontrolled. Security-related and detection-related
equipment, such as small boats, cameras, large-scale
x-ray machines, and vessel tracking devices, are lacking at many ports.
‘‘(15) The International Maritime Organization and
other similar international organizations are currently developing a new maritime security system
that contains the essential elements for enhancing

Page 403

§ 70102

TITLE 46—SHIPPING

global maritime security. Therefore, it is in the best
interests of the United States to implement new
international instruments that establish such a system.’’
MARITIME SECURITY PROFESSIONAL TRAINING
Pub. L. 107–295, title I, § 109, Nov. 25, 2002, 116 Stat.
2090, provided that:
‘‘(a) IN GENERAL.—
‘‘(1) DEVELOPMENT OF STANDARDS.—Not later than 6
months after the date of enactment of this Act [Nov.
25, 2002], the Secretary of Transportation shall develop standards and curriculum to allow for the
training and certification of maritime security professionals. In developing these standards and curriculum, the Secretary shall consult with the National
Maritime Security Advisory Committee established
under section 70112 of title 46, United States Code, as
amended by this Act.
‘‘(2) SECRETARY TO CONSULT ON STANDARDS.—In developing standards under this section, the Secretary
may, without regard to the Federal Advisory Committee Act (5 U.S.C. App.), consult with the Federal
Law Enforcement Training Center, the United States
Merchant Marine Academy’s Global Maritime and
Transportation School, the Maritime Security Council, the International Association of Airport and Port
Police, the National Cargo Security Council, and any
other Federal, State, or local government or law enforcement agency or private organization or individual determined by the Secretary to have pertinent
expertise.
‘‘(b) MINIMUM STANDARDS.—The standards established
by the Secretary under subsection (a) shall include the
following elements:
‘‘(1) The training and certification of maritime security professionals in accordance with accepted law
enforcement and security guidelines, policies, and
procedures, including, as appropriate, recommendations for incorporating a background check process
for personnel trained and certified in foreign ports.
‘‘(2) The training of students and instructors in all
aspects of prevention, detection, investigation, and
reporting of criminal activities in the international
maritime environment.
‘‘(3) The provision of off-site training and certification courses and certified personnel at United
States and foreign ports used by United Statesflagged vessels, or by foreign-flagged vessels with
United States citizens as passengers or crewmembers,
to develop and enhance security awareness and practices.
‘‘(c) TRAINING PROVIDED TO LAW ENFORCEMENT AND
SECURITY PERSONNEL.—
‘‘(1) IN GENERAL.—The Secretary is authorized to
make the training opportunities provided under this
section available to any Federal, State, local, and
private law enforcement or maritime security personnel in the United States or to personnel employed in
foreign ports used by vessels with United States citizens as passengers or crewmembers.
‘‘(2) ACADEMIES AND SCHOOLS.—The Secretary may
provide training under this section at—
‘‘(A) each of the 6 State maritime academies;
‘‘(B) the United States Merchant Marine Academy;
‘‘(C) the Appalachian Transportation Institute;
and
‘‘(D) other security training schools in the United
States.
‘‘(d) USE OF CONTRACT RESOURCES.—The Secretary
may employ Federal and contract resources to train
and certify maritime security professionals in accordance with the standards and curriculum developed
under this Act [see Tables for classification].
‘‘(e) ANNUAL REPORT.—The Secretary shall transmit
an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure on the expenditure of appropriated funds
and the training under this section.

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry
out this section $5,500,000 for each of fiscal years 2003
through 2008.’’
[For transfer of functions, personnel, assets, and liabilities of the Federal Law Enforcement Training Center of the Department of the Treasury to the Secretary
of Homeland Security, and for treatment of related references, see sections 203(4), 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.]
REPORT ON TRAINING CENTER
Pub. L. 107–295, title I, § 110(b), Nov. 25, 2002, 116 Stat.
2091, provided that: ‘‘The Commandant of the United
States Coast Guard, in conjunction with the Secretary
of the Navy, shall submit to Congress a report, at the
time they submit their fiscal year 2005 budget, on the
life cycle costs and benefits of creating a Center for
Coastal and Maritime Security. The purpose of the Center would be to provide an integrated training complex
to prevent and mitigate terrorist threats against coastal and maritime assets of the United States, including
ports, harbors, ships, dams, reservoirs, and transport
nodes.’’
REPORT ON FOREIGN-FLAG VESSELS
Pub. L. 107–295, title I, § 112, Nov. 25, 2002, 116 Stat.
2092, provided that: ‘‘Within 6 months after the date of
enactment of this Act [Nov. 25, 2002] and every year
thereafter, the Secretary of the department in which
the Coast Guard is operating, in consultation with the
Secretary of State, shall provide a report to the Committee on Commerce, Science, and Transportation of
the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives that
lists the following information:
‘‘(1) A list of all nations whose flag vessels have entered United States ports in the previous year.
‘‘(2) Of the nations on that list, a separate list of
those nations—
‘‘(A) whose registered flag vessels appear as Priority III or higher on the Boarding Priority Matrix
maintained by the Coast Guard;
‘‘(B) that have presented, or whose flag vessels
have presented, false, intentionally incomplete, or
fraudulent information to the United States concerning passenger or cargo manifests, crew identity
or qualifications, or registration or classification of
their flag vessels;
‘‘(C) whose vessel registration or classification
procedures have been found by the Secretary to be
noncompliant with international classifications or
do not exercise adequate control over safety and security concerns; or
‘‘(D) whose laws or regulations are not sufficient
to allow tracking of ownership and registration histories of registered flag vessels.
‘‘(3) Actions taken by the United States, whether
through domestic action or international negotiation, including agreements at the International Maritime Organization under section 902 of the International Maritime and Port Security Act (46 U.S.C.
App. 1801) [now 46 U.S.C. 70302], to improve transparency and security of vessel registration procedures in nations on the list under paragraph (2).
‘‘(4) Recommendations for legislative or other actions needed to improve security of United States
ports against potential threats posed by flag vessels
of nations named in paragraph (2).’’

§ 70102. United States facility and vessel vulnerability assessments
(a) INITIAL ASSESSMENTS.—The Secretary shall
conduct an assessment of vessel types and
United States facilities on or adjacent to the

§ 70103

TITLE 46—SHIPPING

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 and by not later than
December 31, 2004, 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, 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).
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2068; amended Pub. L. 108–458, title
IV, § 4072(b), Dec. 17, 2004, 118 Stat. 3730.)
AMENDMENTS
2004—Subsec. (b)(1). Pub. L. 108–458 substituted ‘‘and
by not later than December 31, 2004, the Secretary’’ for
‘‘, the Secretary’’ in introductory provisions.

§ 70103. Maritime transportation security plans
(a) NATIONAL MARITIME TRANSPORTATION SECUPLAN.—(1) Not later than April 1, 2005, 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
RITY

Page 404

(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.
(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;

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TITLE 46—SHIPPING

(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) include any other information the Secretary requires;
(F) 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; and
(G) be updated at least every 5 years by the
Federal Maritime Security Coordinator.
(3) 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.
(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);

§ 70103

(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; and
(v) 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;
(B) require amendments to any plan that
does not meet the requirements of this subsection;
(C) approve any plan that meets the requirements of this subsection; and
(D) 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.
(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

§ 70104

TITLE 46—SHIPPING

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.
(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.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2069; amended Pub. L. 108–458, title
IV, § 4072(a), Dec. 17, 2004, 118 Stat. 3730; Pub. L.
109–347, title I, §§ 101–103, 113(c), Oct. 13, 2006, 120
Stat. 1887, 1888, 1896; Pub. L. 111–83, title V,
§ 561(b), Oct. 28, 2009, 123 Stat. 2182.)
AMENDMENTS
2009—Subsec. (d). Pub. L. 111–83 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.’’

Page 406

2006—Subsec. (b)(2)(F), (G). Pub. L. 109–347, § 101,
added subpar. (F) and redesignated former subpar. (F)
as (G).
Subsec. (c)(3)(C)(ii). Pub. L. 109–347, § 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. 109–347, § 113(c), added
subpar. (F) and redesignated former subpar. (F) as (G).
Former subpar. (G) redesignated (H).
Subsec. (c)(3)(H). Pub. L. 109–347, § 113(c)(1), redesignated subpar. (G) as (H). Former subpar. (H) redesignated (I).
Pub. L. 109–347, § 102(1)(B)–(D), added subpar. (H).
Subsec. (c)(3)(I). Pub. L. 109–347, § 113(c)(1), redesignated subpar. (H) as (I).
Subsec. (c)(4)(D). Pub. L. 109–347, § 103, amended subpar. (D) generally. Prior to amendment, subpar. (D)
read as follows: ‘‘review each plan periodically thereafter.’’
Subsec. (c)(8). Pub. L. 109–347, § 102(2), added par. (8).
2004—Subsec. (a)(1). Pub. L. 108–458 substituted ‘‘Not
later than April 1, 2005, the Secretary’’ for ‘‘The Secretary’’.
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.
RISK ASSESSMENT TOOL
Pub. L. 109–347, 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 GUIDE
Pub. L. 107–295, 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.’’

§ 70104. Transportation
sponse

security

incident

re-

(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 Administrator’s response plan for United States ports and
waterways.
(b) CONTENTS.—Response plans developed
under subsection (a) shall provide a comprehen-

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TITLE 46—SHIPPING

sive 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. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2072; amended Pub. L. 109–295, title
VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’ and ‘‘Administrator’s’’ substituted for
‘‘Director of the Federal Emergency Management
Agency’’ and ‘‘Director’s’’, respectively, on authority
of section 612(c) of Pub. L. 109–295, 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. 109–295
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. 109–295, 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.
DEADLINE
Pub. L. 107–295, 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.’’

§ 70105. Transportation security cards
(a) PROHIBITION.—(1) The Secretary shall prescribe regulations to prevent an individual from
entering an area of a vessel or facility that is
designated as a secure area by the Secretary for
purposes of a security plan for the vessel or facility that is approved by the Secretary under
section 70103 of this title unless the individual—
(A) holds a transportation security card issued under this section and is authorized to be
in the area in accordance with the plan; or
(B) is accompanied by another individual
who holds a transportation security card issued under this section and is authorized to be
in the area in accordance with the plan.
(2) A person shall not admit an individual into
such a secure area unless the entry of the individual into the area is in compliance with paragraph (1).

§ 70105

(b) ISSUANCE OF CARDS.—(1) The Secretary
shall issue a biometric transportation security
card to an individual specified in paragraph (2),
unless the Secretary determines under subsection (c) that the individual poses a security
risk warranting denial of the card.
(2) This subsection applies to—
(A) an individual allowed unescorted access
to a secure area designated in a vessel or facility security plan approved under section 70103
of this title;
(B) an individual issued a license, certificate
of registry, or merchant mariners document
under part E of subtitle II of this title;
(C) a vessel pilot;
(D) an individual engaged on a towing vessel
that pushes, pulls, or hauls alongside a tank
vessel;
(E) an individual with access to security sensitive information as determined by the Secretary;
(F) other individuals engaged in port security activities as determined by the Secretary;
and
(G) other individuals as determined appropriate by the Secretary including individuals
employed at a port not otherwise covered by
this subsection.
(c) DETERMINATION OF TERRORISM SECURITY
RISK.—
(1) DISQUALIFICATIONS.—
(A) PERMANENT DISQUALIFYING CRIMINAL
OFFENSES.—Except as provided under paragraph (2), an individual is permanently disqualified from being issued a biometric
transportation security card under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, in a civilian or military jurisdiction
of any of the following felonies:
(i) Espionage or conspiracy to commit
espionage.
(ii) Sedition or conspiracy to commit sedition.
(iii) Treason or conspiracy to commit
treason.
(iv) A Federal crime of terrorism (as defined in section 2332b(g) of title 18), a
crime under a comparable State law, or
conspiracy to commit such crime.
(v) A crime involving a transportation
security incident.
(vi) Improper transportation of a hazardous material in violation of section 5104(b)
of title 49, or a comparable State law.
(vii) Unlawful possession, use, sale, distribution, manufacture, purchase, receipt,
transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, an explosive or explosive device. In
this clause, an explosive or explosive device includes—
(I) an explosive (as defined in sections
232(5) and 844(j) of title 18);
(II) explosive materials (as defined in
subsections (c) through (f) of section 841
of title 18); and
(III) a destructive device (as defined in
921(a)(4) of title 18 or section 5845(f) of
the Internal Revenue Code of 1986).
(viii) Murder.

§ 70105

TITLE 46—SHIPPING

(ix) Making any threat, or maliciously
conveying false information knowing the
same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against
a place of public use, a State or other government facility, a public transportation
system, or an infrastructure facility.
(x) A violation of chapter 96 of title 18,
popularly known as the Racketeer Influenced and Corrupt Organizations Act, or a
comparable State law, if one of the predicate acts found by a jury or admitted by
the defendant consists of one of the crimes
listed in this subparagraph.
(xi) Attempt to commit any of the
crimes listed in clauses (i) through (iv).
(xii) Conspiracy or attempt to commit
any of the crimes described in clauses (v)
through (x).
(B) INTERIM DISQUALIFYING CRIMINAL OFFENSES.—Except as provided under paragraph (2), an individual is disqualified from
being issued a biometric transportation security card under subsection (b) if the individual has been convicted, or found not
guilty by reason of insanity, during the 7year period ending on the date on which the
individual applies for such card, or was released from incarceration during the 5-year
period ending on the date on which the individual applies for such card, of any of the
following felonies:
(i) Unlawful possession, use, sale, manufacture, purchase, distribution, receipt,
transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, a firearm or other weapon. In this
clause, a firearm or other weapon includes—
(I) firearms (as defined in section
921(a)(3) of title 18 or section 5845(a) of
the Internal Revenue Code of 1986); and
(II) items contained on the U.S. Munitions Import List under section 447.21 of
title 27, Code of Federal Regulations.
(ii) Extortion.
(iii) Dishonesty, fraud, or misrepresentation, including identity fraud and money
laundering if the money laundering is related to a crime described in this subparagraph or subparagraph (A). In this clause,
welfare fraud and passing bad checks do
not constitute dishonesty, fraud, or misrepresentation.
(iv) Bribery.
(v) Smuggling.
(vi) Immigration violations.
(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance.
(viii) Arson.
(ix) Kidnaping or hostage taking.
(x) Rape or aggravated sexual abuse.
(xi) Assault with intent to kill.
(xii) Robbery.
(xiii) Conspiracy or attempt to commit
any of the crimes listed in this subparagraph.
(xiv) Fraudulent entry into a seaport in
violation of section 1036 of title 18, or a
comparable State law.

Page 408

(xv) A violation of the chapter 96 of title
18, popularly known as the Racketeer Influenced and Corrupt Organizations Act 1
or a comparable State law, other than any
of the violations listed in subparagraph
(A)(x).
(C) UNDER WANT,
MENT.—An applicant

WARRANT, OR INDICTwho is wanted, or under
indictment, in any civilian or military jurisdiction for a felony listed in paragraph
(1)(A), is disqualified from being issued a biometric transportation security card under
subsection (b) until the want or warrant is
released or the indictment is dismissed.
(D) OTHER POTENTIAL DISQUALIFICATIONS.—
Except as provided under subparagraphs (A)
through (C), an individual may not be denied
a transportation security card under subsection (b) unless the Secretary determines
that individual—
(i) has been convicted within the preceding 7-year period of a felony or found not
guilty by reason of insanity of a felony—
(I) that the Secretary believes could
cause the individual to be a terrorism security risk to the United States; or
(II) for causing a severe transportation
security incident;

(ii) has been released from incarceration
within the preceding 5-year period for
committing a felony described in clause
(i);
(iii) may be denied admission to the
United States or removed from the United
States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or
(iv) otherwise poses a terrorism security
risk to the United States.
(E) MODIFICATION OF LISTED OFFENSES.—
The Secretary may, by rulemaking, add to
or modify the list of disqualifying crimes described in paragraph (1)(B).
(2) The Secretary shall prescribe regulations
that establish a waiver process for issuing a
transportation security card to an individual
found to be otherwise ineligible for such a card
under subparagraph (A), (B), or (D) 2 paragraph
(1). In deciding to issue a card to such an individual, the Secretary shall—
(A) give consideration to the circumstances of any disqualifying act or offense,
restitution made by the individual, Federal
and State mitigation remedies, and other
factors from which it may be concluded that
the individual does not pose a terrorism risk
warranting denial of the card; and
(B) issue a waiver to an individual without
regard to whether that individual would
otherwise be disqualified if the individual’s
employer establishes alternate security arrangements acceptable to the Secretary.
(3) DENIAL OF WAIVER REVIEW.—
(A) IN GENERAL.—The Secretary shall establish a review process before an administrative law judge for individuals denied a
waiver under paragraph (2).
1 So
2 So

in original. Probably should be followed by a comma.
in original. Probably should be followed by ‘‘of’’.

Page 409

TITLE 46—SHIPPING

(B) SCOPE OF REVIEW.—In conducting a review under the process established pursuant
to subparagraph (A), the administrative law
judge shall be governed by the standards of
section 706 of title 5. The substantial evidence standard in section 706(2)(E) of title 5
shall apply whether or not there has been an
agency hearing. The judge shall review all
facts on the record of the agency.
(C) CLASSIFIED EVIDENCE.—The Secretary,
in consultation with the National Intelligence Director, shall issue regulations to
establish procedures by which the Secretary,
as part of a review conducted under this
paragraph, may provide to the individual adversely affected by the determination an unclassified summary of classified evidence
upon which the denial of a waiver by the
Secretary was based.
(D) REVIEW OF CLASSIFIED EVIDENCE BY ADMINISTRATIVE LAW JUDGE.—
(i) REVIEW.—As part of a review conducted under this section, if the decision
of the Secretary was based on classified information (as defined in section 1(a) of the
Classified Information Procedures Act (18
U.S.C. App.)), such information may be
submitted by the Secretary to the reviewing administrative law judge, pursuant to
appropriate security procedures, and shall
be reviewed by the administrative law
judge ex parte and in camera.
(ii) SECURITY CLEARANCES.—Pursuant to
existing procedures and requirements, the
Secretary, in coordination (as necessary)
with the heads of other affected departments or agencies, shall ensure that administrative law judges reviewing negative
waiver decisions of the Secretary under
this paragraph possess security clearances
appropriate for such review.
(iii) UNCLASSIFIED SUMMARIES OF CLASSIFIED EVIDENCE.—As part of a review conducted under this paragraph and upon the
request of the individual adversely affected by the decision of the Secretary not
to grant a waiver, the Secretary shall provide to the individual and reviewing administrative law judge, consistent with
the procedures established under clause (i),
an unclassified summary of any classified
information upon which the decision of the
Secretary was based.
(E) NEW EVIDENCE.—The Secretary shall establish a process under which an individual
may submit a new request for a waiver, notwithstanding confirmation by the administrative law judge of the Secretary’s initial
denial of the waiver, if the request is supported by substantial evidence that was not
available to the Secretary at the time the
initial waiver request was denied.
(4) The Secretary shall establish an appeals
process under this section for individuals
found to be ineligible for a transportation security card that includes notice and an opportunity for a hearing.
(5) Upon application, the Secretary may
issue a transportation security card to an individual if the Secretary has previously deter-

§ 70105

mined, under section 5103a of title 49, that the
individual does not pose a security risk.
(d) BACKGROUND RECORDS CHECK.—(1) On request of the Secretary, the Attorney General
shall—
(A) conduct a background records check regarding the individual; and
(B) upon completing the background records
check, notify the Secretary of the completion
and results of the background records check.
(2) A background records check regarding an
individual under this subsection shall consist of
the following:
(A) A check of the relevant criminal history
databases.
(B) In the case of an alien, a check of the relevant databases to determine the status of the
alien under the immigration laws of the
United States.
(C) As appropriate, a check of the relevant
international databases or other appropriate
means.
(D) Review of any other national securityrelated information or database identified by
the Attorney General for purposes of such a
background records check.
(e) RESTRICTIONS ON USE AND MAINTENANCE OF
INFORMATION.—(1) Information obtained by the
Attorney General or the Secretary under this
section may not be made available to the public,
including the individual’s employer.
(2) Any information constituting grounds for
denial of a transportation security card under
this section shall be maintained confidentially
by the Secretary and may be used only for making determinations under this section. The Secretary may share any such information with
other Federal law enforcement agencies. An individual’s employer may only be informed of
whether or not the individual has been issued
the card under this section.
(f) DEFINITION.—In this section, the term
‘‘alien’’ has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
(g) APPLICATIONS FOR MERCHANT MARINERS’
DOCUMENTS.—The Assistant Secretary of Homeland Security for the Transportation Security
Administration and the Commandant of the
Coast Guard shall concurrently process an application from an individual for merchant mariner’s documents under chapter 73 of title 46,
United States Code, and an application from
that individual for a transportation security
card under this section.
(h) FEES.—The Secretary shall ensure that the
fees charged each individual applying for a
transportation security card under this section
who has passed a background check under section 5103a(d) of title 49, United States Code, and
who has a current hazardous materials endorsement in accordance with section 1572 of title 49,
Code of Federal Regulations, and each individual with a current merchant mariners’ document who has passed a criminal background
check under section 7302(d)—
(1) are for costs associated with the issuance,
production, and management of the transportation security card, as determined by the
Secretary; and

§ 70105

TITLE 46—SHIPPING

(2) do not include costs associated with performing a background check for that individual, except for any incremental costs in the
event that the scope of such background
checks diverge.
(i) IMPLEMENTATION SCHEDULE.—In implementing the transportation security card program
under this section, the Secretary shall—
(1) establish a priority for each United
States port based on risk, including vulnerabilities assessed under section 70102; and
(2) implement the program, based upon such
risk and other factors as determined by the
Secretary, at all facilities regulated under this
chapter at—
(A) the 10 United States ports that the
Secretary designates top priority not later
than July 1, 2007;
(B) the 40 United States ports that are
next in order of priority to the ports described in subparagraph (A) not later than
January 1, 2008; and
(C) all other United States ports not later
than January 1, 2009.
(j) TRANSPORTATION SECURITY CARD PROCESSDEADLINE.—Not later than January 1, 2009,
the Secretary shall process and issue or deny
each application for a transportation security
card under this section for individuals with current and valid merchant mariners’ documents
on the date of the enactment of the SAFE Port
Act.
(k) DEPLOYMENT OF TRANSPORTATION SECURITY
CARD READERS.—
(1) PILOT PROGRAM.—
(A) IN GENERAL.—The Secretary shall conduct a pilot program to test the business
processes, technology, and operational impacts required to deploy transportation security card readers at secure areas of the
marine transportation system.
(B) GEOGRAPHIC LOCATIONS.—The pilot program shall take place at not fewer than 5
distinct geographic locations, to include vessels and facilities in a variety of environmental settings.
(C) COMMENCEMENT.—The pilot program
shall commence not later than 180 days after
the date of the enactment of the SAFE Port
Act.
ING

(2) CORRELATION WITH TRANSPORTATION SECURITY CARDS.—
(A) IN GENERAL.—The pilot program described in paragraph (1) shall be conducted
concurrently with the issuance of the transportation security cards described in subsection (b) to ensure card and card reader
interoperability.
(B) FEE.—An individual charged a fee for a
transportation security card issued under
this section may not be charged an additional fee if the Secretary determines different transportation security cards are
needed based on the results of the pilot program described in paragraph (1) or for other
reasons related to the technology requirements for the transportation security card
program.
(3) REGULATIONS.—Not later than 2 years
after the commencement of the pilot program

Page 410

under paragraph (1)(C), the Secretary, after a
notice and comment period that includes at
least 1 public hearing, shall promulgate final
regulations that require the deployment of
transportation security card readers that are
consistent with the findings of the pilot program and build upon the regulations prescribed under subsection (a).
(4) REPORT.—Not later than 120 days before
the promulgation of regulations under paragraph (3), the Secretary shall submit a comprehensive report to the appropriate congressional committees (as defined in section 2(1) of
SAFE Port Act) that includes—
(A) the findings of the pilot program with
respect to technical and operational impacts
of implementing a transportation security
card reader system;
(B) any actions that may be necessary to
ensure that all vessels and facilities to
which this section applies are able to comply
with such regulations; and
(C) an analysis of the viability of equipment under the extreme weather conditions
of the marine environment.
(l) PROGRESS REPORTS.—Not later than 6
months after the date of the enactment of the
SAFE Port Act, and every 6 months thereafter
until the requirements under this section are
fully implemented, the Secretary shall submit a
report on progress being made in implementing
such requirements to the appropriate congressional committees (as defined in section 2(1) of
the SAFE Port Act).
(m) LIMITATION.—The Secretary may not require the placement of an electronic reader for
transportation security cards on a vessel unless—
(1) the vessel has more individuals on the
crew that are required to have a transportation security card than the number the Secretary determines, by regulation issued under
subsection (k)(3), warrants such a reader; or
(2) the Secretary determines that the vessel
is at risk of a severe transportation security
incident.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2073; amended Pub. L. 109–241, title
III, § 309, July 11, 2006, 120 Stat. 528; Pub. L.
109–347, title I, § 104(a), (b), Oct. 13, 2006, 120 Stat.
1888, 1890; Pub. L. 110–53, title XIII, § 1309(a), Aug.
3, 2007, 121 Stat. 397.)
REFERENCES IN TEXT
Section 5845 of the Internal Revenue Code of 1986, referred to in subsec. (c)(1)(A)(vii)(III), (B)(i)(I), is classified to section 5845 of Title 26, Internal Revenue Code.
The Immigration and Nationality Act, referred to in
subsec. (c)(1)(D)(iii), is act June 27, 1952, ch. 477, 66 Stat.
163, which is classified principally to chapter 12 (§ 1101
et seq.) of Title 8, Aliens and Nationality. For complete
classification of this Act to the Code, see Short Title
note set out under section 1101 of Title 8 and Tables.
The Classified Information Procedures Act, referred
to in subsec. (c)(3)(D)(i), is Pub. L. 96–456, Oct. 15, 1980,
94 Stat. 2025, which is set out in the Appendix to Title
18, Crimes and Criminal Procedure.
The date of the enactment of the SAFE Port Act, referred to in subsecs. (j), (k)(1)(C), (l), is the date of enactment of Pub. L. 109–347, which was approved Oct. 13,
2006.
Section 2(1) of the SAFE Port Act, referred to in subsecs. (k)(4), (l), is classified to section 901(1) of Title 6,
Domestic Security.

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AMENDMENTS

2007—Subsec. (b)(1). Pub. L. 110–53, § 1309(a)(1), substituted ‘‘determines under subsection (c) that the individual poses a security risk’’ for ‘‘decides that the individual poses a security risk under subsection (c)’’.
Subsec. (c)(1). Pub. L. 110–53, § 1309(a)(2), inserted
heading and amended text of par. (1) generally, substituting provisions relating to disqualifications, consisting of subpars. (A) to (E), for former provisions relating to when individuals may be denied transportation security cards, consisting of subpars. (A) to (D).
2006—Subsec. (b)(2)(G). Pub. L. 109–347, § 104(b)(1),
added subpar. (G).
Subsec. (c)(2). Pub. L. 109–347, § 104(b)(2), inserted
‘‘subparagraph (A), (B), or (D)’’ before ‘‘paragraph (1)’’.
Subsec. (c)(3) to (5). Pub. L. 109–241 added par. (3) and
redesignated former pars. (3) and (4) as (4) and (5), respectively.
Subsecs. (g) to (m). Pub. L. 109–347, § 104(a), added subsecs. (g) to (m).
DEADLINE FOR SECTION 70105 REGULATIONS
Pub. L. 109–347, title I, § 104(c), Oct. 13, 2006, 120 Stat.
1891, provided that: ‘‘Not later than January 1, 2007, the
Secretary [of Homeland Security] shall promulgate
final regulations implementing the requirements for issuing transportation security cards under section 70105
of title 46, United States Code. The regulations shall include a background check process to enable newly
hired workers to begin working unless the Secretary
makes an initial determination that the worker poses
a security risk. Such process shall include a check
against the consolidated and integrated terrorist watch
list maintained by the Federal Government.’’
PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO PERSONS CONVICTED OF CERTAIN
FELONIES
Pub. L. 109–347, title I, § 106, Oct. 13, 2006, 120 Stat.
1891, provided that: ‘‘The Secretary [of Homeland Security], in issuing a final rule pursuant to section 70105 of
title 46, United States Code, shall provide for the disqualification of individuals who have been found guilty
or have been found not guilty by reason of insanity of
a felony, involving—
‘‘(1) treason, or conspiracy to commit treason;
‘‘(2) espionage, or conspiracy to commit espionage;
‘‘(3) sedition, or conspiracy to commit sedition; or
‘‘(4) a crime listed in chapter 113B of title 18, United
States Code, a comparable State law, or conspiracy
to commit such crime.’’

§ 70106. Maritime safety and security teams
(a) IN GENERAL.—To enhance the domestic
maritime security capability of the United
States, the Secretary shall establish such maritime safety and security teams 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.
(b) MISSION.—Each maritime safety and security team shall be trained, equipped, and capable
of being employed to—
(1) deter, protect against, and rapidly respond to threats of maritime terrorism;
(2) enforce moving or fixed safety or security
zones established pursuant to law;
(3) conduct high speed intercepts;
(4) board, search, and seize any article or
thing on or at, respectively, a vessel or facil-

ity found to present a risk to the vessel or facility, or to a port;
(5) rapidly deploy to supplement United
States armed forces domestically or overseas;
(6) respond to criminal or terrorist acts
within a port so as to minimize, insofar as possible, the disruption caused by such acts;
(7) assist with facility vulnerability assessments required under this chapter; and
(8) carry out any other missions of the Coast
Guard as are assigned to it by the Secretary.
(c) COORDINATION WITH OTHER AGENCIES.—To
the maximum extent feasible, each maritime
safety and security team shall coordinate its activities with other Federal, State, and local law
enforcement and emergency response agencies.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2074; amended Pub. L. 109–241, title
III, § 305, July 11, 2006, 120 Stat. 528.)
AMENDMENTS
2006—Subsec. (b)(8). Pub. L. 109–241 substituted ‘‘any
other missions of the Coast Guard’’ for ‘‘other security
missions’’.

§ 70107. Grants
(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. 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. 5121(j)(8) 1 ), including those facilities in
1 So

in original. Probably should be ‘‘5196(j)(8)’’.

§ 70107

TITLE 46—SHIPPING

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.
(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).
(d) COORDINATION AND
MENTS.—The
Secretary

COOPERATION AGREEshall 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 appli-

Page 412

cable 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
project’s 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.

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(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 enhance-

§ 70107

ments 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 2011 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

§ 70107

TITLE 46—SHIPPING

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 Nation’s 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 applicant’s 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 is 2 has an established, nationally recognized program in disciplines
that contribute directly to maritime
transportation safety and education.
(iv) Whether the applicant’s 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
2 So

in original. Probably should be ‘‘the applicant’’.

Page 414

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. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2075; amended Pub. L. 108–293, title
VIII, §§ 804(a), (b), 808(a), Aug. 9, 2004, 118 Stat.
1081, 1083; Pub. L. 109–347, title I, § 112, Oct. 13,
2006, 120 Stat. 1894.)
REFERENCES IN TEXT
The date of the enactment of the SAFE Port Act, referred to in subsec. (h), is the date of enactment of Pub.
L. 109–347, 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. 107–295, 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.
The Maritime Transportation Security Act of 2002,
referred to in subsec. (k)(3)(D), is Pub. L. 107–295, Nov.
25, 2002, 116 Stat. 2064. For complete classification of
this Act to the Code, see Tables.
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–347, § 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. 109–347, § 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. 109–347, § 112(b)(2), added
pars. (5) to (7).
Subsecs. (e) to (i). Pub. L. 109–347, § 112(c)(1), added
subsecs. (e) to (h). Former subsecs. (e) to (i) redesignated (i) to (m), respectively.
Subsec. (i)(1). Pub. L. 109–347, § 112(c)(2), substituted
‘‘Secretary shall require’’ for ‘‘program shall require’’.
Subsecs. (j), (k). Pub. L. 109–347, § 112(c)(1), redesignated subsecs. (f) and (g) as (j) and (k), respectively.

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Subsec. (l). Pub. L. 109–347, § 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. 109–347, § 112(c)(1), redesignated subsec. (h) as
(l).
Subsec. (m). Pub. L. 109–347, § 112(c)(1), redesignated
subsec. (i) as (m).
2004—Subsec. (a). Pub. L. 108–293, § 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. 108–293, § 804(b)(1), substituted ‘‘Secretary determines’’ for ‘‘Secretary of
Transportation determines’’.
Subsecs. (d), (e). Pub. L. 108–293, § 804(b)(1), substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’
wherever appearing.
Subsec. (f). Pub. L. 108–293, § 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. 108–293, § 804(b)(1), substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’
wherever appearing.
Subsec. (i). Pub. L. 108–293, § 808(a), added subsec. (i)
and struck out former subsec. (i) which related to research and development grants for port security.
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–293, 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.

§ 70107A. Interagency operational centers for
port security
(a) IN GENERAL.—The Secretary shall establish
interagency operational centers for port security at all high-priority ports not later than 3
years after the date of the enactment of the
SAFE Port Act.
(b) CHARACTERISTICS.—The interagency operational centers established under this section
shall—

§ 70107A

(1) utilize, as appropriate, the compositional
and operational characteristics of existing
centers, including—
(A) the pilot project interagency operational centers for port security in Miami,
Florida; Norfolk/Hampton Roads, Virginia;
Charleston, South Carolina; and San Diego,
California; and
(B) the virtual operation center of the Port
of New York and New Jersey;
(2) be organized to fit the security needs, requirements, and resources of the individual
port area at which each is operating;
(3) in addition to the Coast Guard, provide,
as the Secretary determines appropriate, for
participation by representatives of the United
States Customs and Border Protection, the
United States Immigration and Customs Enforcement, the Transportation Security Administration, the Department of Justice, the
Department of Defense, and other Federal
agencies, State and local law enforcement or
port security personnel, members of the Area
Maritime Security Committee, and other public and private sector stakeholders adversely
affected by a transportation security incident
or transportation disruption; and
(4) be incorporated in the implementation
and administration of—
(A) maritime transportation security
plans developed under section 70103;
(B) maritime intelligence activities under
section 70113 and information sharing activities consistent with section 1016 of the National Security Intelligence Reform Act of
2004 (6 U.S.C. 485) and the Homeland Security Information Sharing Act (6 U.S.C. 481 et
seq.);
(C) short- and long-range vessel tracking
under sections 70114 and 70115;
(D) protocols under section 201(b)(10) of the
SAFE Port Act;
(E) the transportation security incident
response plans required by section 70104; and
(F) other activities, as determined by the
Secretary.
(c) SECURITY CLEARANCES.—The Secretary
shall sponsor and expedite individuals participating in interagency operational centers in
gaining or maintaining their security clearances. Through the Captain of the Port, the Secretary may identify key individuals who should
participate. The port or other entities may appeal to the Captain of the Port for sponsorship.
(d) SECURITY INCIDENTS.—During a transportation security incident on or adjacent to waters
subject to the jurisdiction of the United States,
the Coast Guard Captain of the Port designated
by the Commandant of the Coast Guard in a
maritime security command center described in
subsection (a) shall act as the incident commander, unless otherwise directed by the President.
(e) RULE OF CONSTRUCTION.—Nothing in this
section shall be construed to affect the normal
command and control procedures for operational
entities in the Department, unless so directed
by the Secretary.
(f) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated $60,000,000 for

§ 70108

TITLE 46—SHIPPING

each of the fiscal years 2007 through 2012 to
carry out this section.
(Added Pub. L. 109–347, title I, § 108(a), Oct. 13,
2006, 120 Stat. 1892.)
REFERENCES IN TEXT
The date of the enactment of the SAFE Port Act, referred to in subsec. (a), is the date of enactment of Pub.
L. 109–347, which was approved Oct. 13, 2006.
The Homeland Security Information Sharing Act, referred to in subsec. (b)(4)(B), is subtitle I of title VIII
of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2252, which is
classified principally to part I (§ 481 et seq.) of subchapter VIII of chapter 1 of Title 6, Domestic Security.
For complete classification of this Act to the Code, see
section 481 of Title 6 and Tables.
Section 201(b)(10) of the SAFE Port Act, referred to in
subsec. (b)(4)(D), is classified to section 941(b)(10) of
Title 6, Domestic Security.
REPORT REQUIREMENT
Pub. L. 109–347, title I, § 108(b), Oct. 13, 2006, 120 Stat.
1893, provided that: ‘‘Nothing in this section [enacting
this section] or the amendments made by this section
relieves the Commandant of the Coast Guard from complying with the requirements of section 807 of the Coast
Guard and Maritime Transportation Act of 2004 (Public
Law 108–293; 118 Stat. 1082). The Commandant shall utilize the information developed in making the report required by that section in carrying out the requirements
of this section.’’

§ 70108. Foreign port assessment
(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) the Secretary of the Treasury;
(3) appropriate authorities of foreign governments; and

Page 416

(4) 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.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2079; amended Pub. L. 109–347, title
II, § 234, Oct. 13, 2006, 120 Stat. 1918.)
AMENDMENTS
2006—Subsec. (d). Pub. L. 109–347 added subsec. (d).

§ 70109. Notifying foreign authorities
(a) IN GENERAL.—If the Secretary, after conducting an assessment under section 70108, finds
that a port in a foreign country does not maintain 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. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2080.)
§ 70110. Actions and assistance for foreign ports
and United States territories
(a) IN GENERAL.—If the Secretary finds that a
foreign port does not maintain effective antiterrorism measures, the Secretary—
(1) may prescribe conditions of entry into
the United States for any vessel arriving from
that port, or any vessel carrying cargo or passengers originating from or transshipped
through that port;
(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 shall take effect—
(1) 90 days after the government of the foreign country with jurisdiction over or control
of that port is notified under section 70109 unless the Secretary finds that the government
has brought the antiterrorism measures at the
port 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.
(c) STATE DEPARTMENT TO BE NOTIFIED.—The
Secretary immediately shall notify the Secretary of State of a finding that a port does not
maintain effective antiterrorism measures.

Page 417

§ 70112

TITLE 46—SHIPPING

(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.
(e) ASSISTANCE FOR FOREIGN PORTS 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 security antiterrorism measures in foreign countries and territories of the United States. 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.
(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 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.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2080; amended Pub. L. 109–347, title
II, § 233(b), Oct. 13, 2006, 120 Stat. 1917.)
AMENDMENTS
2006—Pub. L. 109–347, § 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. 109–347, § 233(b)(2), added subsec.
(e).

§ 70111. Enhanced crewmember identification
(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. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2080; amended Pub. L. 109–347, title
I, § 110, Oct. 13, 2006, 120 Stat. 1893.)
REFERENCES IN TEXT
The date of enactment of the SAFE Port Act, referred to in subsecs. (a) and (b), is the date of enact-

ment of Pub. L. 109–347, which was approved Oct. 13,
2006.
AMENDMENTS
2006—Subsecs. (a), (b). Pub. L. 109–347 substituted
‘‘Not later than 1 year after the date of enactment of
the SAFE Port Act, the’’ for ‘‘The’’.
INTERNATIONAL SEAFARER IDENTIFICATION
Pub. L. 107–295, title I, § 103, Nov. 25, 2002, 116 Stat.
2084, provided that:
‘‘(a) TREATY INITIATIVE.—The Secretary of the 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.]

§ 70112. Maritime Security Advisory Committees
(a) ESTABLISHMENT OF COMMITTEES.—(1) The
Secretary shall establish a National Maritime
Security Advisory Committee. The Committee—
(A) may advise, consult with, report to, and
make recommendations to the Secretary on
matters relating to national maritime security matters;
(B) may make available to the Congress recommendations that the Committee makes to
the Secretary; and
(C) 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)(A) 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) A committee established under this paragraph 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

§ 70113

TITLE 46—SHIPPING

Page 418

(iii) shall meet at the call of—
(I) the Secretary, who shall call such a
meeting at least once during each calendar
year; or
(II) a majority of the committee.

this section, except that such committee terminates on September 30, 2008; and
(B) does not apply to Area Maritime Security Advisory Committees established under
this section.

(b) MEMBERSHIP.—(1) Each of the committees
established under subsection (a) shall consist of
not less than 7 members appointed by the Secretary, each of whom has at least 5 years practical experience in maritime security operations.
(2) The term of each member shall be for a period of not more than 5 years, specified by the
Secretary.
(3) Before appointing an individual to a position on such a committee, the Secretary shall
publish a notice in the Federal Register soliciting nominations for membership on the committee.
(4) The Secretary may require an individual to
have passed an appropriate security background
examination before appointment to the Committee.
(5) The membership of an Area Maritime Security Advisory Committee shall include representatives of the port industry, terminal operators, port labor organizations, and other users
of the port areas.
(c) CHAIRPERSON AND VICE CHAIRPERSON.—(1)
Each committee established under subsection
(a) shall elect 1 of its members as the Chairman
and 1 of its members as the Vice Chairperson.
(2) The Vice Chairman shall act as Chairman
in the absence or incapacity of the Chairman, or
in the event of a vacancy in the office of the
Chairman.
(d) OBSERVERS.—(1) The Secretary shall, and
the head of any other interested Federal agency
may, designate a representative to participate
as an observer with the Committee.
(2) The Secretary’s designated representative
shall act as the executive secretary of the Committee and shall perform the duties set forth in
section 10(c) of the Federal Advisory Committee
Act (5 U.S.C. App.).
(e) CONSIDERATION OF VIEWS.—The Secretary
shall consider the information, advice, and recommendations of the Committee in formulating
policy regarding matters affecting maritime security.
(f) COMPENSATION AND EXPENSES.—(1) A member of a committee established under this section, when attending meetings of the committee
or when otherwise engaged in the business of the
committee, is entitled to receive—
(A) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of
the current rate of basic pay in effect for
GS–15 of the General Schedule under section
5332 of title 5 including travel time; and
(B) travel or transportation expenses under
section 5703 of title 5.

(2) Not later than September 30, 2006, each
committee established under this section shall
submit to the Congress its recommendation regarding whether the committee should be renewed and continued beyond the termination
date.

(2) A member of such a committee shall not be
considered to be an officer or employee of the
United States for any purpose based on their receipt of any payment under this subsection.
(g) FACA; TERMINATION.—(1) The Federal Advisory Committee Act (5 U.S.C. App.)—
(A) applies to the National Maritime Security Advisory Committee established under

(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2081; amended Pub. L. 108–293, title
VIII, § 806, Aug. 9, 2004, 118 Stat. 1082; Pub. L.
109–241, title IX, § 901(m), July 11, 2006, 120 Stat.
565.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsecs. (d)(2) and (g)(1), is Pub. L. 92–463, Oct. 6, 1972,
86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
AMENDMENTS
2006—Subsec. (b)(5). Pub. L. 109–241 realigned margins.
2004—Subsec. (b)(5). Pub. L. 108–293 added par. (5).

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

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

Page 419

§ 70116

TITLE 46—SHIPPING

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

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

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

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

§ 70117

TITLE 46—SHIPPING

title 46, United States Code, as amended by this Act,
the Secretary of the department in which the Coast
Guard is operating shall transmit a report to the Senate Committees on Commerce, Science, and Transportation and Finance and the House of Representatives
Committees on Transportation and Infrastructure and
Ways and Means that—
‘‘(1) evaluates the secure system of transportation
program and its components;
‘‘(2) states the Secretary’s view as to whether any
procedure, system, or technology evaluated as part of
the program offers a higher level of security than requiring imported goods to clear customs under existing procedures and for the requirements of the National Maritime Security Plan for reopening of
United States ports to commerce;
‘‘(3) states the Secretary’s view as to the integrity
of the procedures, technology, or systems evaluated
as part of the program;
‘‘(4) makes a recommendation with respect to
whether the program, or any procedure, system, or
technology should be incorporated in a nationwide
system for preclearance of imports of waterborne
goods and for the requirements of the National Maritime Security Plan for the reopening of United States
ports to Commerce;
‘‘(5) describes the impact of the program on staffing
levels at the department in which the Coast Guard is
operating, and the Customs Service; and
‘‘(6) states the Secretary’s views as to whether
there is a method by which the United States could
validate foreign ports so that cargo from those ports
is preapproved for entry into the United States and
for the purpose of the requirements of the National
Maritime Security Plan for the reopening of United
States ports to commerce.’’
[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.]
PERFORMANCE STANDARDS
Pub. L. 107–295, title I, § 111, Nov. 25, 2002, 116 Stat.
2092, provided that: ‘‘Not later than January 1, 2004, the
Secretary of the department in which the Coast Guard
is operating, in consultation with the Transportation
Security Oversight Board, shall—
‘‘(1) develop and maintain an antiterrorism cargo
identification, tracking, and screening system for
containerized cargo shipped to and from the United
States either directly or via a foreign port; and
‘‘(2) develop performance standards to enhance the
physical security of shipping containers, including
standards for seals and locks.’’
[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.]

Page 420

§ 70117. Firearms, arrests, and seizure of property
Subject to guidelines approved by the Secretary, members of the Coast Guard may, in the
performance of official duties—
(1) carry a firearm; and
(2) while at a facility—
(A) make an arrest without warrant for
any offense against the United States committed in their presence; and
(B) seize property as otherwise provided by
law.
(Added Pub. L. 108–293, title VIII, § 801(a), Aug. 9,
2004, 118 Stat. 1078, § 70118; renumbered § 70117,
Pub. L. 109–241, title IX, § 901(l)(1), July 11, 2006,
120 Stat. 565; Pub. L. 109–304, § 15(33)(A), Oct. 6,
2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title
XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.)
PRIOR PROVISIONS
A prior section 70117 was renumbered section 70120 of
this title.
Another prior section 70117 was renumbered section
70119 of this title.
AMENDMENTS
2008—Pub. L. 110–181 repealed Pub. L. 109–304,
§ 15(33)(A). See 2006 Amendment note below.
2006—Pub. L. 109–304, § 15(33)(A), which directed renumbering identical to that made by Pub. L. 109–241,
was repealed by Pub. L. 110–181. See Amendment note
and Construction of 2006 Amendment note below.
Pub. L. 109–241 renumbered section 70118 of this title,
as added by Pub. L. 108–293, § 801(a), as this section.
CONSTRUCTION OF 2006 AMENDMENT
Provisions of Pub. L. 109–304 repealed by section
3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as
a note under section 9504 of Title 26, Internal Revenue
Code.

§ 70118. Enforcement by State and local officers
(a) IN GENERAL.—Any State or local government law enforcement officer who has authority
to enforce State criminal laws may make an arrest for violation of a security zone regulation
prescribed under section 1 of title II of the Act
of June 15, 1917 (chapter 30; 50 U.S.C. 191) or security or safety zone regulation under section
7(b) of the Ports and Waterways Safety Act (33
U.S.C. 1226(b)) or a safety zone regulation prescribed under section 10(d) of the Deepwater
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. 108–293, title VIII, § 801(a), Aug. 9,
2004, 118 Stat. 1078, § 70119; renumbered § 70118,

Page 421

§ 70121

TITLE 46—SHIPPING

Pub. L. 109–241, title IX, § 901(l)(1), July 11, 2006,
120 Stat. 565; Pub. L. 109–304, § 15(33)(A), Oct. 6,
2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title
XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.)
PRIOR PROVISIONS
A prior section 70118 was renumbered section 70117 of
this title.
Another prior section 70118 was renumbered section
70121 of this title.
AMENDMENTS
2008—Pub. L. 110–181 repealed Pub. L. 109–304,
§ 15(33)(A). See 2006 Amendment note below.
2006—Pub. L. 109–304, § 15(33)(A), which directed renumbering identical to that made by Pub. L. 109–241,
was repealed by Pub. L. 110–181. See Amendment note
and Construction of 2006 Amendment note below.
Pub. L. 109–241 renumbered section 70119 of this title,
as added by Pub. L. 108–293, § 801(a), as this section.
CONSTRUCTION OF 2006 AMENDMENT
Provisions of Pub. L. 109–304 repealed by section
3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as
a note under section 9504 of Title 26, Internal Revenue
Code.

§ 70119. Civil penalty
(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. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2084, § 70117; renumbered § 70119,
Pub. L. 108–293, title VIII, § 802(a)(1), Aug. 9, 2004,
118 Stat. 1078; amended Pub. L. 109–241, title III,
§ 306(a), July 11, 2006, 120 Stat. 528.)
CODIFICATION
Another section 70119 was renumbered section 70118 of
this title.
AMENDMENTS

(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. 108–293, title VIII, § 802(a)(2), Aug.
9, 2004, 118 Stat. 1078, § 70117; renumbered § 70120
and amended Pub. L. 109–241, title IX, § 901(l)(2),
(3), July 11, 2006, 120 Stat. 565; Pub. L. 109–304,
§ 15(33)(B), (C), Oct. 6, 2006, 120 Stat. 1705; Pub. L.
110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28,
2008, 122 Stat. 603.)
AMENDMENTS
2008—Pub. L. 110–181 repealed Pub. L. 109–304,
§ 15(33)(B), (C). See 2006 Amendment notes below.
2006—Pub. L. 109–304, § 15(33)(B), which directed renumbering identical to that made by Pub. L. 109–241,
§ 901(l)(2), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note
below.
Pub. L. 109–241, § 901(l)(2), renumbered section 70117 of
this title, as added by Pub. L. 108–293, § 802(a)(2), as this
section.
Subsec. (a). Pub. L. 109–304, § 15(33)(C), which directed
amendment identical to that made by Pub. L. 109–241,
§ 901(l)(3), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note
below.
Pub. L. 109–241, § 901(l)(3), substituted ‘‘section 70119’’
for ‘‘section 70120’’.
CONSTRUCTION OF 2006 AMENDMENT

2006—Pub. L. 109–241 designated existing provisions as
subsec. (a), inserted heading, substituted ‘‘day during
which the violation continues’’ for ‘‘violation’’, and
added subsec. (b).

Provisions of Pub. L. 109–304 repealed by section
3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as
a note under section 9504 of Title 26, Internal Revenue
Code.

§ 70120. In rem liability for civil penalties and
certain costs

§ 70121. Withholding of clearance

(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.

(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. 108–293, title VIII, § 802(a)(2), Aug.
9, 2004, 118 Stat. 1079, § 70118; renumbered § 70121
and amended Pub. L. 109–241, title IX, § 901(l)(2),
(4), July 11, 2006, 120 Stat. 565; Pub. L. 109–304,

§ 70301

TITLE 46—SHIPPING

§ 15(33)(B), (D), Oct. 6, 2006, 120 Stat. 1705; Pub. L.
110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28,
2008, 122 Stat. 603.)
AMENDMENTS
2008—Pub. L. 110–181 repealed Pub. L. 109–304,
§ 15(33)(B), (D)(i). See 2006 Amendment notes below.
2006—Pub. L. 109–304, § 15(33)(B), which directed renumbering identical to that made by Pub. L. 109–241,
§ 901(l)(2), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note
below.
Pub. L. 109–241, § 901(l)(2), renumbered section 70118 of
this title, as added by Pub. L. 108–293, § 802(a)(2), as this
section.
Subsec. (a). Pub. L. 109–304, § 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. 109–304, § 15(33)(D)(i), which directed amendment identical to that made by Pub. L. 109–241,
§ 901(l)(4), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note
below.
Pub. L. 109–241, § 901(l)(4), substituted ‘‘section 70119’’
for ‘‘section 70120’’.
CONSTRUCTION OF 2006 AMENDMENT
Provisions of Pub. L. 109–304 repealed by section
3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as
a note under section 9504 of Title 26, Internal Revenue
Code.

CHAPTER 703—MARITIME SECURITY
Sec.

70301.
70302.
70303.
70304.
70305.
70306.

Definitions.
International measures for seaport and vessel
security.
Security standards at foreign ports.
Travel advisories on security at foreign ports.
Suspension of passenger services.
Report on terrorist threats.

§ 70301. Definitions
In this chapter:
(1) COMMON CARRIER.—The term ‘‘common
carrier’’ has the meaning given that term in
section 40102 of this title.
(2) PASSENGER VESSEL.—The term ‘‘passenger vessel’’ has the meaning given that
term in section 2101 of this title.
(3) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of the department in
which the Coast Guard is operating.
(Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat.
1683.)
HISTORICAL AND REVISION NOTES
Revised
Section
70301 ..........

Source (U.S. Code)
46 App.:1807.

Source (Statutes at Large)
Pub. L. 99–399, title IX, § 911,
Aug. 27, 1986, 100 Stat. 892.

In paragraph (2), the term ‘‘vessel of the United
States’’ is omitted because the definition of that term
in 46 U.S.C. 2101 is being moved to chapter 1 of the revised title and will apply generally throughout the
title.
In paragraph (3), the definition of ‘‘Secretary’’ is new.
The functions of the Secretary of Transportation under
this chapter were carried out by the Coast Guard, and
its functions have been transferred to the Department
of Homeland Security (except when operating as a service in the Navy) by section 888 of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2249).

Page 422

§ 70302. International measures for seaport and
vessel security
Congress encourages the President to continue
to seek agreement on international seaport and
vessel security through the International Maritime Organization. In developing an agreement,
each member country of the International Maritime Organization should consult with appropriate private sector interests in that country.
The agreement would establish seaport and vessel security measures and could include—
(1) seaport screening of cargo and baggage
similar to that done at airports;
(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; and
(5) other appropriate measures to prevent
unlawful acts against passengers and crews on
vessels.
(Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat.
1683.)
HISTORICAL AND REVISION NOTES
Revised
Section
70302 ..........

Source (U.S. Code)
46 App.:1801.

Source (Statutes at Large)
Pub. L. 99–399, title IX, § 902,
Aug. 27, 1986, 100 Stat. 889.

The word ‘‘vessel’’ is substituted for ‘‘shipboard’’ for
consistency in the revised title. The words ‘‘and commends him on his efforts to date’’ are omitted as unnecessary.

§ 70303. Security standards at foreign ports
(a) GENERAL REQUIREMENTS.—The Secretary
shall develop and implement a plan to assess the
effectiveness of the security measures maintained at foreign ports that the Secretary, in
consultation with the Secretary of State, determines pose a high risk of acts of terrorism
against passenger vessels. In carrying out this
subsection, the Secretary shall consult with the
Secretary of State about the terrorist threat
that exists in each country and poses a high risk
of acts of terrorism against passenger vessels.
(b) NOTICE AND RECOMMENDATIONS TO OTHER
COUNTRIES.—If the Secretary, after implementing the plan under subsection (a), determines
that a port does not maintain and administer effective security measures, the Secretary of
State (after being informed by the Secretary)
shall—
(1) notify the appropriate government authorities of the country in which the port is
located of the determination; and
(2) recommend steps necessary to bring the
security measures at that port up to the
standard used by the Secretary in making the
assessment under subsection (a).
(c) ANTITERRORISM ASSISTANCE.—The President is encouraged to provide antiterrorism assistance related to maritime security under
chapter 8 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2349aa et seq.) to foreign
countries, especially for a port that the Secretary determines under subsection (b) does not
maintain and administer effective security
measures.