Statutory Regulation

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 33USC1223]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
Sec. 1223. Vessel operating requirements
(a) In general
Subject to the requirements of section 1224 of this title, the
Secretary-(1) in any port or place under the jurisdiction of the United
States, in the navigable waters of the United States, or in any area
covered by an international agreement negotiated pursuant to section
1230 of this title, may construct, operate, maintain, improve, or
expand vessel traffic services, consisting of measures for
controlling or supervising vessel traffic or for protecting
navigation and the marine environment and may include, but need not
be limited to one or more of the following: reporting and operating
requirements, surveillance and communications systems, routing
systems, and fairways;
(2) shall require appropriate vessels which operate in an area
of a vessel traffic service to utilize or comply with that service;
(3) may require vessels to install and use specified navigation
equipment, communications equipment, electronic relative motion
analyzer equipment, or any electronic or other device necessary to
comply with a vessel traffic service or which is necessary in the
interests of vessel safety: Provided, That the Secretary shall not
require fishing vessels under 300 gross tons as measured under
section 14502 of title 46, or an alternate tonnage measured under
section 14302 of that title as prescribed by the Secretary under
section 14104 of that title or recreational vessels 65 feet or less
to possess or use the equipment or devices required by this
subsection solely under the authority of this chapter;
(4) may control vessel traffic in areas subject to the
jurisdiction of the United States which the Secretary determines to
be hazardous, or under conditions of reduced visibility, adverse
weather, vessel congestion, or other hazardous circumstances by-(A) specifying times of entry, movement, or departure;
(B) establishing vessel traffic routing schemes;
(C) establishing vessel size, speed, draft limitations and
vessel operating conditions; and
(D) restricting operation, in any hazardous area or under
hazardous conditions, to vessels which have particular operating
characteristics or capabilities which he considers necessary for
safe operation under the circumstances; and
(5) may require the receipt of prearrival messages from any
vessel, destined for a port or place subject to the jurisdiction of
the United States, in sufficient time to permit advance vessel
traffic planning prior to port entry, which shall include any
information which is not already a matter of record and which the
Secretary determines necessary for the control of the vessel and the
safety of the port or the marine environment.
(b) Special powers

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The Secretary may order any vessel, in a port or place subject to
the jurisdiction of the United States or in the navigable waters of the
United States, to operate or anchor in a manner he directs if-(1) he has reasonable cause to believe such vessel does not
comply with any regulation issued under this chapter or any other
applicable law or treaty;
(2) he determines that such vessel does not satisfy the
conditions for port entry set forth in section 1228 of this title;
or
(3) by reason of weather, visibility, sea conditions, port
congestion, other hazardous circumstances, or the condition of such
vessel, he is satisfied that such directive is justified in the
interest of safety.
(c) Port access routes
(1) In order to provide safe access routes for the movement of
vessel traffic proceeding to or from ports or places subject to the
jurisdiction of the United States, and subject to the requirements of
paragraph (3) hereof, the Secretary shall designate necessary fairways
and traffic separation schemes for vessels operating in the territorial
sea of the United States and in high seas approaches, outside the
territorial sea, to such ports or places. Such a designation shall
recognize, within the designated area, the paramount right of navigation
over all other uses.
(2) No designation may be made by the Secretary pursuant to this
subsection, if such a designation, as implemented, would deprive any
person of the effective exercise of a right granted by a lease or permit
executed or issued under other applicable provisions of law: Provided,
That such right has become vested prior to the time of publication of
the notice required by clause (A) of paragraph (3) hereof: Provided
further, That the determination as to whether the designation would so
deprive any such person shall be made by the Secretary, after
consultation with the responsible official under whose authority the
lease was executed or the permit issued.
(3) Prior to making a designation pursuant to paragraph (1) hereof,
and in accordance with the requirements of section 1224 of this title,
the Secretary shall-(A) within six months after date of enactment of this Act (and
may, from time to time thereafter), undertake a study of the
potential traffic density and the need for safe access routes for
vessels in any area for which fairways or traffic separation schemes
are proposed or which may otherwise be considered and shall publish
notice of such undertaking in the Federal Register;
(B) in consultation with the Secretary of State, the Secretary
of the Interior, the Secretary of Commerce, the Secretary of the
Army, and the Governors of affected States, as their
responsibilities may require, take into account all other uses of
the area under consideration (including, as appropriate, the
exploration for, or exploitation of, oil, gas, or other mineral
resources, the construction or operation of deepwater ports or other
structures on or above the seabed or subsoil of the submerged lands
or the Outer Continental Shelf of the United States, the
establishment or operation of marine or estuarine sanctuaries, and
activities involving recreational or commercial fishing); and
(C) to the extent practicable, reconcile the need for safe
access routes with the needs of all other reasonable uses of the
area involved.
(4) In carrying out his responsibilities under paragraph (3), the
Secretary shall proceed expeditiously to complete any study undertaken.
Thereafter, he shall promptly issue a notice of proposed rule-making for
the designation contemplated or shall have published in the Federal
Register a notice that no designation is contemplated as a result of the
study and the reason for such determination.

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(5) In connection with a designation made pursuant to this
subsection, the Secretary-(A) shall issue reasonable rules and regulations governing the
use of such designated areas, including the applicability of rules 9
and 10 of the International Regulations for Preventing Collisions at
Sea, 1972, relating to narrow channels and traffic separation
schemes, respectively, in waters where such regulations apply;
(B) to the extent that he finds reasonable and necessary to
effectuate the purposes of the designation, make the use of
designated fairways and traffic separation schemes mandatory for
specific types and sizes of vessels, foreign and domestic, operating
in the territorial sea of the United States and for specific types
and sizes of vessels of the United States operating on the high seas
beyond the territorial sea of the United States;
(C) may, from time to time, as necessary, adjust the location or
limits of designated fairways or traffic separation schemes, in
order to accommodate the needs of other uses which cannot be
reasonably accommodated otherwise: Provided, That such an adjustment
will not, in the judgement of the Secretary, unacceptably adversely
affect the purpose for which the existing designation was made and
the need for which continues; and
(D) shall, through appropriate channels, (i) notify cognizant
international organizations of any designation, or adjustment
thereof, and (ii) take action to seek the cooperation of foreign
States in making it mandatory for vessels under their control to use
any fairway or traffic separation scheme designated pursuant to this
subsection in any area of the high seas, to the same extent as
required by the Secretary for vessels of the United States.
(d) Exception
Except pursuant to international treaty, convention, or agreement,
to which the United States is a party, this chapter shall not apply to
any foreign vessel that is not destined for, or departing from, a port
or place subject to the jurisdiction of the United States and that is
in-(1) innocent passage through the territorial sea of the United
States, or
(2) transit through the navigable waters of the United States
which form a part of an international strait.
(Pub. L. 92-340, Sec. 4, formerly title I, Sec. 103, July 10, 1972, 86
Stat. 426; renumbered and amended Pub. L. 95-474, Sec. 2, Oct. 17, 1978,
92 Stat. 1472; Pub. L. 101-380, title IV, Sec. 4107(a), Aug. 18, 1990,
104 Stat. 514; Pub. L. 104-324, title VII, Sec. 705, Oct. 19, 1996, 110
Stat. 3934.)
References in Text
The date of enactment of this Act, referred to in subsec. (c)(3)(A),
probably means the date of enactment of Pub. L. 95-474, which was
approved Oct. 17, 1978.
For the International Regulations for Preventing Collisions at Sea,
1972, referred to in subsec. (c)(5)(A), see International Regulations
for Preventing Collisions at Sea, 1972, set out as a note under section
1602 of this title.
Amendments
1996--Subsec. (a)(3). Pub. L. 104-324 inserted ``as measured under
section 14502 of title 46, or an alternate tonnage measured under
section 14302 of that title as prescribed by the Secretary under section
14104 of that title'' after ``300 gross tons''.
1990--Subsec. (a). Pub. L. 101-380, Sec. 4107(a)(1), substituted

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``Secretary--'' for ``Secretary may--''.
Subsec. (a)(1). Pub. L. 101-380, Sec. 4107(a)(2), substituted ``may
construct, operate, maintain, improve, or expand'' for ``establish,
operate, and maintain''.
Subsec. (a)(2). Pub. L. 101-380, Sec. 4107(a)(3), substituted
``shall require appropriate'' for ``require''.
Subsec. (a)(3). Pub. L. 101-380, Sec. 4107(a)(4), inserted ``may''
before ``require'', which was executed by making the insertion before
``require'' the first place it appeared to reflect the probable intent
of Congress.
Subsec. (a)(4). Pub. L. 101-380, Sec. 4107(a)(5), inserted ``may''
before ``control''.
Subsec. (a)(5). Pub. L. 101-380, Sec. 4107(a)(6), inserted ``may''
before ``require''.
1978--Pub. L. 95-474 substituted provision relating to vessel
operating requirements for provision relating to the investigatory
powers of the Secretary, production of witnesses and documents, and fees
and allowances for witnesses.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-380 applicable to incidents occurring after
Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an
Effective Date note under section 2701 of this title.
Direction of Vessel Movement Study; Submittal of Report to Congress
Section 4107(b) of Pub. L. 101-380 provided that:
``(1) Study.--The Secretary shall conduct a study-``(A) of whether the Secretary should be given additional
authority to direct the movement of vessels on navigable waters and
should exercise such authority; and
``(B) to determine and prioritize the United States ports and
channels that are in need of new, expanded, or improved vessel
traffic service systems, by evaluating-``(i) the nature, volume, and frequency of vessel traffic;
``(ii) the risks of collisions, spills, and damages
associated with that traffic;
``(iii) the impact of installation, expansion, or
improvement of a vessel traffic service system; and
``(iv) all other relevant costs and data.
``(2) Report.--Not later than 1 year after the date of the enactment
of this Act [Aug. 18, 1990], the Secretary shall submit to the Congress
a report on the results of the study conducted under paragraph (1) and
recommendations for implementing the results of that study.''
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public Lands.
Section Referred to in Other Sections
This section is referred to in sections 1224, 1229 of this title;
title 46 section 14305.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and December 19, 2002]
[CITE: 33USC1231]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
Sec. 1231. Regulations
(a) In general
In accordance with the provisions of section 553 of title 5, the
Secretary shall issue, and may from time to time amend or repeal,
regulations necessary to implement this chapter.
(b) Procedures
The Secretary, in the exercise of this regulatory authority, shall
establish procedures for consulting with, and receiving and considering
the views of all interested parties, including-(1) interested Federal departments and agencies,
(2) officials of State and local governments,
(3) representatives of the maritime community,
(4) representatives of port and harbor authorities or
associations,
(5) representatives of environmental groups,
(6) any other interested parties who are knowledgeable or
experienced in dealing with problems involving vessel safety, port
and waterways safety, and protection of the marine environment, and
(7) advisory committees consisting of all interested segments of
the public when the establishment of such committees is considered
necessary because the issues involved are highly complex or
controversial.
(Pub. L. 92-340, Sec. 12, as added Pub. L. 95-474, Sec. 2, Oct. 17,
1978, 92 Stat. 1477.)
Section Referred to in Other Sections
This section is referred to in section 1911 of this title.

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116 STAT. 2068

PUBLIC LAW 107–295—NOV. 25, 2002

SEC. 102. PORT SECURITY.

(a) IN GENERAL.—Title 46, United States Code, is amended
by adding at the end the following new subtitle:
‘‘Subtitle VI—Miscellaneous
‘‘Chap.
Sec.
‘‘701. Port Security ............................................................................................ 70101
‘‘CHAPTER 701—PORT SECURITY
‘‘Sec.
‘‘70101.
‘‘70102.
‘‘70103.
‘‘70104.
‘‘70105.
‘‘70106.
‘‘70107.
‘‘70108.
‘‘70109.
‘‘70110.
‘‘70111.
‘‘70112.
‘‘70113.
‘‘70114.
‘‘70115.
‘‘70116.
‘‘70117.

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.
Foreign port assessment.
Notifying foreign authorities.
Actions when foreign ports not maintaining effective antiterrorism measures.
Enhanced crewmember identification.
Maritime security advisory committees.
Maritime intelligence.
Automatic identification systems.
Long-range vessel tracking system.
Secure systems of transportation.
Civil penalty.

‘‘§ 70101. Definitions
‘‘For the purpose of this chapter:
‘‘(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.
‘‘§ 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 waters subject to the jurisdiction of the United States
to identify those vessel types and United States facilities that
pose a high risk of being involved in a transportation security
incident.
‘‘(b) FACILITY AND VESSEL ASSESSMENTS.—(1) Based on the
information gathered under subsection (a) of this section, the Secretary shall conduct a detailed vulnerability assessment of the

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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).
‘‘§ 70103. Maritime transportation security plans
‘‘(a) NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.—
(1) The Secretary shall prepare a National Maritime Transportation
Security Plan for deterring and responding to a transportation
security incident.
‘‘(2) The National Maritime Transportation Security Plan shall
provide for efficient, coordinated, and effective action to deter and
minimize damage from a transportation security incident, and shall
include the following:
‘‘(A) Assignment of duties and responsibilities among Federal departments and agencies and coordination with State
and local governmental agencies.
‘‘(B) Identification of security resources.
‘‘(C) Procedures and techniques to be employed in deterring
a national transportation security incident.
‘‘(D) Establishment of procedures for the coordination of
activities of—
‘‘(i) Coast Guard maritime security teams established
under this chapter; and
‘‘(ii) Federal Maritime Security Coordinators required
under this chapter.
‘‘(E) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of
a transportation security incident and imminent threats of
such a security incident to the appropriate State and Federal
agencies.
‘‘(F) Establishment of criteria and procedures to ensure
immediate and effective Federal identification of a transportation security incident, or the substantial threat of such a
security incident.
‘‘(G) Designation of—

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PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(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;
‘‘(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;
and
‘‘(F) 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

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‘‘(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);
‘‘(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;
‘‘(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) be updated at least every 5 years; and
‘‘(G) be resubmitted for approval of each change to the
vessel or facility that may substantially affect the security
of the vessel or facility.
‘‘(4) The Secretary shall—
‘‘(A) promptly review each such plan;

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PUBLIC LAW 107–295—NOV. 25, 2002

‘‘(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) review each plan periodically thereafter.
‘‘(5) A vessel or facility for which a plan is required to be
submitted under this subsection may not operate after the end
of the 12-month period beginning on the date of the prescription
of interim final regulations on vessel and facility security plans,
unless—
‘‘(A) the plan has been approved by the Secretary; and
‘‘(B) the vessel or facility is operating in compliance with
the plan.
‘‘(6) Notwithstanding paragraph (5), the Secretary may
authorize a vessel or facility to operate without a security plan
approved under this subsection, until not later than 1 year after
the date of the submission to the Secretary of a plan for the
vessel or facility, if the owner or operator of the vessel or facility
certifies that the owner or operator has ensured by contract or
other means approved by the Secretary to deter to the maximum
extent practicable a transportation security incident or a substantial
threat of such a security incident.
‘‘(7) The Secretary shall require each owner or operator of
a vessel or facility located within or adjacent to waters subject
to the jurisdiction of the United States to implement any necessary
interim security measures, including cargo security programs, to
deter to the maximum extent practicable a transportation security
incident until the security plan for that vessel or facility operator
is approved.
‘‘(d) NONDISCLOSURE OF INFORMATION.—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.
‘‘§ 70104. Transportation security incident response
‘‘(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 Director of the
Federal Emergency Management Agency for inclusion in the
Director’s response plan for United States ports and waterways.
‘‘(b) CONTENTS.—Response plans developed under subsection
(a) shall provide a comprehensive response to an emergency,
including notifying and coordinating with local, State, and Federal
authorities, including the Director 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).

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‘‘§ 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).
‘‘(b) ISSUANCE OF CARDS.—(1) The Secretary shall issue a
biometric transportation security card to an individual specified
in paragraph (2), unless the Secretary decides that the individual
poses a security risk under subsection (c) 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; and
‘‘(F) other individuals engaged in port security activities
as determined by the Secretary.
‘‘(c) DETERMINATION OF TERRORISM SECURITY RISK.—(1) An
individual may not be denied a transportation security card under
subsection (b) unless the Secretary determines that individual—
‘‘(A) 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;
‘‘(B) has been released from incarceration within the preceding 5-year period for committing a felony described in
subparagraph (A);
‘‘(C) 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
‘‘(D) otherwise poses a terrorism security risk to the United
States.
‘‘(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

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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) 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.
‘‘(4) Upon application, the Secretary may issue a transportation
security card to an individual if the Secretary has previously determined, 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 security-related 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)).’’.
‘‘§ 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

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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 facility 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 other security missions 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.
‘‘§ 70107. Grants
‘‘(a) IN GENERAL.—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.
‘‘(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.
‘‘(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.

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‘‘(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 of Transportation 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 COOPERATION AGREEMENTS.—The Secretary of Transportation shall ensure that projects paid for, or
the costs of which are reimbursed, under this section within any
area or port are coordinated with other projects, and may require
cooperative agreements among users of the port and port facilities
with respect to projects funded under this section.
‘‘(e) ADMINISTRATION.—
‘‘(1) IN GENERAL.—The program 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 of Transportation 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 of Transportation 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 of
Transportation may approve an application for the payment
or reimbursement of costs under this section only if the Secretary of Transportation is satisfied that—
‘‘(A) the project is consistent with Coast Guard vulnerability assessments and ensures compliance with Area

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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.
‘‘(f) AUDITS AND EXAMINATIONS.—A recipient of amounts made
available under this section shall keep such records as the Secretary
of Transportation may require, and make them available for review
and audit by the Secretary of Transportation, the Comptroller General of the United States, or the Inspector General of the Department of Transportation.
‘‘(g) REPORTS ON SECURITY FUNDING AND COMPLIANCE.—
‘‘(1) INITIAL REPORT.—Within 6 months after the date of
enactment of this Act, the Secretary of Transportation 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 of Transportation 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 of Transportation 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—

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‘‘(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
of Transportation, describes progress and enhancements
of applicable Area Maritime Transportation Security Plans
and facility security plans and how the Maritime Transportation Security Act of 2002 has improved security at that
port.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of Transportation for each
of fiscal years 2003 through 2008 such sums as are necessary
to carry out subsections (a) through (g).
‘‘(i) RESEARCH AND DEVELOPMENT GRANTS FOR PORT SECURITY.—
‘‘(1) AUTHORITY.—The Secretary of Transportation is
authorized to establish and administer a grant program for
the support of research and development of technologies that
can be used to secure the ports of the United States. The
Secretary may award grants under the program to national
laboratories, private nonprofit organizations, institutions of
higher education, and other entities. The Secretary shall establish competitive procedures for awarding grants under the program and criteria for grant applications and eligibility.
‘‘(2) USE OF FUNDS.—Grants awarded pursuant to paragraph (1) shall be used to develop—
‘‘(A) methods to increase the ability of the Customs
Service to inspect, or target for inspection, merchandise
carried on any vessel that will arrive or has arrived at
any port or place in the United States;
‘‘(B) equipment to accurately detect explosives, or
chemical and biological agents, that could be used to
commit terrorist acts against the United States;
‘‘(C) equipment to accurately detect nuclear materials,
including scintillation-based detection equipment capable
of attachment to spreaders to signal the presence of nuclear
materials during the unloading of containers;
‘‘(D) improved tags and seals designed for use on shipping containers to track the transportation of the merchandise in such containers, including ‘smart sensors’ that are
able to track a container throughout its entire supply chain,
detect hazardous and radioactive materials within that
container, and transmit such information to the appropriate
authorities at a remote location;
‘‘(E) tools to mitigate the consequences of a terrorist
act at a port of the United States, including a network
of sensors to predict the dispersion of radiological, chemical,
or biological agents that might be intentionally or accidentally released; or
‘‘(F) applications to apply existing technologies from
other industries to increase overall port security.
‘‘(3) ADMINISTRATIVE PROVISIONS.—

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‘‘(A) NO DUPLICATION OF EFFORT.—Before making any
grant, the Secretary of Transportation shall coordinate with
other Federal agencies to ensure the grant will not be
used for research and development that is already being
conducted with Federal funding.
‘‘(B) ACCOUNTING.—The Secretary of Transportation
shall by regulation establish accounting, reporting, and
review procedures to ensure that funds made available
under paragraph (1) are used for the purpose for which
they were made available, that all expenditures are properly accounted for, and that amounts not used for such
purposes and amounts not expended are recovered.
‘‘(C) RECORDKEEPING.—Recipients of grants shall keep
all records related to expenditures and obligations of funds
provided under paragraph (1) and make them available
upon request to the Inspector General of the Department
of Transportation and the Secretary of Transportation for
audit and examination.
‘‘(D) ANNUAL REVIEW AND REPORT.—The Inspector General of the Department of Transportation shall annually
review the program established under paragraph (1) to
ensure that the expenditures and obligations of funds are
consistent with the purposes for which they are provided
and report the findings to Congress.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $15,000,000 for each of the fiscal years
2003 through 2008 to carry out the provisions of this subsection.

Regulations.

‘‘§ 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

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‘‘(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
‘‘(4) operators of vessels.

‘‘§ 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.
‘‘§ 70110. Actions when foreign ports not maintaining effective antiterrorism measures
‘‘(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.
‘‘(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.
‘‘§ 70111. Enhanced crewmember identification
‘‘(a) REQUIREMENT.—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

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present on demand any identification that the Secretary decides
is necessary.
‘‘(b) FORMS AND PROCESS.—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.
‘‘§ 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
‘‘(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.
‘‘(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.
‘‘(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.

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‘‘(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) 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 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.
‘‘(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.
‘‘§ 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.
‘‘(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.

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‘‘§ 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.

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‘‘(B) A vessel carrying more than a number of passengers
for hire determined by the Secretary.
‘‘(C) A towing vessel of more than 26 feet overall in length
and 600 horsepower.
‘‘(D) Any other vessel for which the Secretary decides that
an automatic identification system is necessary for the safe
navigation of the vessel.
‘‘(2) The Secretary may—
‘‘(A) exempt a vessel from paragraph (1) if the Secretary
finds that an automatic identification system is not necessary
for the safe navigation of the vessel on the waters on which
the vessel operates; and
‘‘(B) waive the application of paragraph (1) with respect
to operation of vessels on navigable waters of the United States
specified by the Secretary if the Secretary finds that automatic
identification systems are not needed for safe navigation on
those waters.
‘‘(b) REGULATIONS.—The Secretary shall prescribe regulations
implementing subsection (a), including requirements for the operation and maintenance of the automatic identification systems
required under subsection (a).
‘‘§ 70115. Long-range vessel tracking system
‘‘The Secretary may 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.
‘‘§ 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.

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116 STAT. 2084

PUBLIC LAW 107–295—NOV. 25, 2002

‘‘§ 70117. Civil penalty
‘‘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 violation.’’.
(b) CONFORMING AMENDMENT.—The table of subtitles at the
beginning of title 46, United States Code, is amended by adding
at the end the following:
‘‘VI. MISCELLANEOUS .......................................................................................70101’’.
46 USC 70104
note.
46 USC 70101
note.

46 USC 70114
note.

46 USC 70111
note.

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(c) DEADLINE.—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.
(d) RULEMAKING REQUIREMENTS.—
(1) INTERIM FINAL RULE AUTHORITY.—The Secretary shall
issue an interim final rule as a temporary regulation implementing this section (including the amendments made by this
section) as soon as practicable after the date of enactment
of this section, 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.
(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.
(e) PHASE-IN OF AUTOMATIC IDENTIFICATION SYSTEM.—
(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);
(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 of title
46, United States Code.
SEC. 103. INTERNATIONAL SEAFARER IDENTIFICATION.

(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.

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