1625-0105 Sta Authority

WAIS Document Retrieval

Page 1 of 2

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: 33USC1226]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
Sec. 1226. Port, harbor, and coastal facility security
(a) General authority
The Secretary may take actions described in subsection (b) of this
section to prevent or respond to an act of terrorism against-(1) an individual, vessel, or public or commercial structure,
that is-(A) subject to the jurisdiction of the United States; and
(B) located within or adjacent to the marine environment; or
(2) a vessel of the United States or an individual on board that
vessel.
(b) Specific authority
Under subsection (a) of this section, the Secretary may-(1) carry out or require measures, including inspections, port
and harbor patrols, the establishment of security and safety zones,
and the development of contingency plans and procedures, to prevent
or respond to acts of terrorism; and
(2) recruit members of the Regular Coast Guard and the Coast
Guard Reserve and train members of the Regular Coast Guard and the
Coast Guard Reserve in the techniques of preventing and responding
to acts of terrorism.
(c) Nondisclosure of port security plans
Notwithstanding any other provision of law, information related to
security plans, procedures, or programs for passenger vessels or
passenger terminals authorized under this chapter is not required to be
disclosed to the public.
(Pub. L. 92-340, Sec. 7, as added Pub. L. 99-399, title IX, Sec. 906,
Aug. 27, 1986, 100 Stat. 890; amended Pub. L. 104-324, title III,
Sec. 302, Oct. 19, 1996, 110 Stat. 3917.)
Prior Provisions
A prior section 1226, Pub. L. 92-340, Sec. 7, formerly title I,
Sec. 106, July 10, 1972, 86 Stat. 427; renumbered Sec. 7 and amended
Pub. L. 95-474, Sec. 2, Oct. 17, 1978, 92 Stat. 1475, related to
requirement respecting federally licensed pilots on any foreign or
domestic self-propelled vessel engaged in the foreign trade when
operating in the navigable waters of the United States in areas, etc.,
where a pilot is not otherwise required by State law, prior to repeal by
Pub. L. 98-557, Sec. 29(g), Oct. 30, 1984, 98 Stat. 2875.
Amendments

http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=74713453360+0+0+... 12/22/2004

WAIS Document Retrieval

Page 2 of 2

1996--Subsec. (c). Pub. L. 104-324 added subsec. (c).

http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=74713453360+0+0+... 12/22/2004

WAIS Document Retrieval

Page 1 of 1

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.

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=0638626872+0+0+0... 08/09/2004

Page 1 of 30

-CITE46 USC CHAPTER 701 - PORT SECURITY

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADCHAPTER 701 - PORT SECURITY
-MISC1Sec.
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.(!1)
Maritime intelligence.
Automatic identification systems.
Long-range vessel tracking system.
Secure systems of transportation.
Civil penalty.

-FOOTNOTE(!1) So in original. Does not conform to section catchline.
-End-

-CITE46 USC Sec. 70101

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70101. Definitions
-STATUTEFor 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.

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 2 of 30

(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.
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2068.)
-MISC1REGULATIONS
Pub. L. 107-295, title I, Sec. 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."
-TRANSTRANSFER 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.
-MISC2FINDINGS
Pub. L. 107-295, title I, Sec. 101, Nov. 25, 2002, 116 Stat.
2066, provided that:

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 3 of 30

"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. Twenty-five 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.
"(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

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 4 of 30

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 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, Sec. 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:

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 5 of 30

"(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 States-flagged 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, Sec. 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."

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 6 of 30

REPORT ON FOREIGN-FLAG VESSELS
Pub. L. 107-295, title I, Sec. 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), 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)."
-SECREFSECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 33 section 1226.
-End-

-CITE46 USC Sec. 70102

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70102. United States facility and vessel vulnerability
assessments

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 7 of 30

-STATUTE(a) Initial Assessments. - The Secretary shall conduct an
assessment of vessel types and United States facilities on or
adjacent to the waters subject to the jurisdiction of the United
States to identify those vessel types and United States facilities
that pose a high risk of being involved in a transportation
security incident.
(b) Facility and Vessel Assessments. - (1) Based on the
information gathered under subsection (a) of this section, the
Secretary shall conduct a detailed vulnerability assessment of the
facilities and vessels that may be involved in a transportation
security incident. The vulnerability assessment shall include the
following:
(A) Identification and evaluation of critical assets and
infrastructures.
(B) Identification of the threats to those assets and
infrastructures.
(C) Identification of weaknesses in physical security,
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).
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2068.)
-End-

-CITE46 USC Sec. 70103

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70103. Maritime transportation security plans
-STATUTE(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.

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 8 of 30

(2) The National Maritime Transportation Security Plan shall
provide for efficient, coordinated, and effective action to deter
and minimize damage from a transportation security incident, and
shall include the following:
(A) Assignment of duties and responsibilities among Federal
departments and agencies and coordination with State and local
governmental agencies.
(B) Identification of security resources.
(C) Procedures and techniques to be employed in deterring a
national transportation security incident.
(D) Establishment of procedures for the coordination of
activities of (i) Coast Guard maritime security teams established under
this chapter; and
(ii) Federal Maritime Security Coordinators required under
this chapter.
(E) A system of surveillance and notice designed to safeguard
against as well as ensure earliest possible notice of a
transportation security incident and imminent threats of such a
security incident to the appropriate State and Federal agencies.
(F) Establishment of criteria and procedures to ensure
immediate and effective Federal identification of a
transportation security incident, or the substantial threat of
such a security incident.
(G) Designation of (i) areas for which Area Maritime Transportation Security
Plans are required to be prepared under subsection (b); and
(ii) a Coast Guard official who shall be the Federal Maritime
Security Coordinator for each such area.
(H) A risk-based system for evaluating the potential for
violations of security zones designated by the Secretary on the
waters subject to the jurisdiction of the United States.
(I) A recognition of certified systems of intermodal
transportation.
(J) A plan for ensuring that the flow of cargo through United
States ports is reestablished as efficiently and quickly as
possible after a transportation security incident.
(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.

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 9 of 30

(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
(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 -

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 10 of 30

(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;
(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

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 11 of 30

(2) other information related to security plans, procedures, or
programs for vessels or facilities authorized under this chapter.
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2069.)
-TRANSTRANSFER 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.
-MISC1REVISION OF PORT SECURITY PLANNING GUIDE
Pub. L. 107-295, title I, Sec. 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."
-SECREFSECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 70101, 70104, 70105,
70106, 70112 of this title.
-End-

-CITE46 USC Sec. 70104

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70104. Transportation security incident response
-STATUTE(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

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 12 of 30

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).
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2072.)
-TRANSTRANSFER OF FUNCTIONS
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 sections 313(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.
-MISC1DEADLINE
Pub. L. 107-295, title I, Sec. 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."
-End-

-CITE46 USC Sec. 70105

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70105. Transportation security cards
-STATUTE(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

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 13 of 30

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
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.

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 14 of 30

(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)).
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2073.)
-REFTEXTREFERENCES IN TEXT
The Immigration and Nationality Act, referred to in subsec.
(c)(1)(C), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
which is classified principally to chapter 12 (Sec. 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.
-SECREFSECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 70107 of this title.

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 15 of 30

-End-

-CITE46 USC Sec. 70106

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70106. Maritime safety and security teams
-STATUTE(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 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.
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2074.)
-End-

-CITE-

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 16 of 30

46 USC Sec. 70107

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70107. Grants
-STATUTE(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.
(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

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 17 of 30

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 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

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 18 of 30

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 (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

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 19 of 30

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. (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.
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2075.)

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 20 of 30

-REFTEXTREFERENCES IN TEXT
The date of enactment of this Act, referred to in subsec. (g)(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. (g)(1)(B)(iii), probably means
the Maritime Transportation Security Act of 2002, Pub. L. 107-295,
Nov. 25, 2002, 116 Stat. 2064, which enacted this subtitle. For
complete classification of this Act to the Code, see Tables.
The Maritime Transportation Security Act of 2002, referred to in
subsec. (g)(3)(D), is Pub. L. 107-295, Nov. 25, 2002, 116 Stat.
2064. For complete classification of this Act to the Code, see
Tables.
-TRANSTRANSFER 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.
-End-

-CITE46 USC Sec. 70108

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70108. Foreign port assessment
-STATUTE(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

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 21 of 30

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
(4) operators of vessels.
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2079.)
-SECREFSECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 70109, 70110 of this
title.
-End-

-CITE46 USC Sec. 70109

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70109. Notifying foreign authorities
-STATUTE(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

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 22 of 30

for ports in foreign countries that are found under section 70108
to lack effective antiterrorism measures.
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2080.)
-SECREFSECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 70110 of this title.
-End-

-CITE46 USC Sec. 70110

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70110. Actions when foreign ports not maintaining effective
antiterrorism measures
-STATUTE(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.

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 23 of 30

-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2080.)
-End-

-CITE46 USC Sec. 70111

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70111. Enhanced crewmember identification
-STATUTE(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
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.
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2080.)
-MISC1INTERNATIONAL SEAFARER IDENTIFICATION
Pub. L. 107-295, title I, Sec. 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

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 24 of 30

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.]
-End-

-CITE46 USC Sec. 70112

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70112. Maritime Security Advisory Committees
-STATUTE(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.

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 25 of 30

(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.
(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.
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2081.)
-REFTEXTREFERENCES 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.

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 26 of 30

-End-

-CITE46 USC Sec. 70113

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70113. Maritime intelligence
-STATUTE(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.
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2082.)
-End-

-CITE46 USC Sec. 70114

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70114. Automatic identification systems
-STATUTE(a) System Requirements. - (1) Subject to paragraph (2), the
following vessels, while operating on the navigable waters of the
United States, shall be equipped with and operate an automatic
identification system under regulations prescribed by the
Secretary:
(A) A self-propelled commercial vessel of at least 65 feet
overall in length.
(B) A vessel carrying more than a number of passengers for hire
determined by the Secretary.
(C) A towing vessel of more than 26 feet overall in length and

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 27 of 30

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).
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2082.)
-MISC1EFFECTIVE DATE
Pub. L. 107-295, title I, Sec. 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 of title 46, United
States Code."
-End-

-CITE46 USC Sec. 70115

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEAD-

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 28 of 30

Sec. 70115. Long-range vessel tracking system
-STATUTEThe 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.
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2083.)
-End-

-CITE46 USC Sec. 70116

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70116. Secure systems of transportation
-STATUTE(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.
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2083.)
-MISC1REPORT ON SECURE SYSTEM OF TRANSPORTATION PROGRAM

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 29 of 30

Pub. L. 107-295, title I, Sec. 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 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, Sec. 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

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

Page 30 of 30

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.]
-End-

-CITE46 USC Sec. 70117

01/06/03

-EXPCITETITLE 46 - SHIPPING
Subtitle VI - Miscellaneous
CHAPTER 701 - PORT SECURITY
-HEADSec. 70117. Civil penalty
-STATUTEAny 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.
-SOURCE(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116
Stat. 2084.)
-End-

http://uscode.house.gov/download/pls/46C701.txt

04/12/2005

WAIS Document Retrieval

Page 1 of 5

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 50USC191]
TITLE 50--WAR AND NATIONAL DEFENSE
CHAPTER 12--VESSELS IN TERRITORIAL WATERS OF UNITED STATES
Sec. 191. Regulation of anchorage and movement of vessels during
national emergency
Whenever the President by proclamation or Executive order declares a
national emergency to exist by reason of actual or threatened war,
insurrection, or invasion, or disturbance or threatened disturbance of
the international relations of the United States, or whenever the
Attorney General determines that an actual or anticipated mass migration
of aliens en route to, or arriving off the coast of, the United States
presents urgent circumstances requiring an immediate Federal response,
the Secretary of Transportation may make, subject to the approval of the
President, rules and regulations governing the anchorage and movement of
any vessel, foreign or domestic, in the territorial waters of the United
States, may inspect such vessel at any time, place guards thereon, and,
if necessary in his opinion in order to secure such vessels from damage
or injury, or to prevent damage or injury to any harbor or waters of the
United States, or to secure the observance of the rights and obligations
of the United States, may take, by and with the consent of the
President, for such purposes, full possession and control of such vessel
and remove therefrom the officers and crew thereof and all other persons
not specially authorized by him to go or remain on board thereof.
Whenever the President finds that the security of the United States
is endangered by reason of actual or threatened war, or invasion, or
insurrection, or subversive activity, or of disturbances or threatened
disturbances of the international relations of the United States, the
President is authorized to institute such measures and issue such rules
and regulations-(a) to govern the anchorage and movement of any foreign-flag
vessels in the territorial waters of the United States, to inspect
such vessels at any time, to place guards thereon, and, if necessary
in his opinion in order to secure such vessels from damage or
injury, or to prevent damage or injury to any harbor or waters of
the United States, or to secure the observance of rights and
obligations of the United States, may take for such purposes full
possession and control of such vessels and remove therefrom the
officers and crew thereof, and all other persons not especially
authorized by him to go or remain on board thereof;
(b) to safeguard against destruction, loss, or injury from
sabotage or other subversive acts, accidents, or other causes of
similar nature, vessels, harbors, ports, and waterfront facilities
in the United States and all territory and water, continental or
insular, subject to the jurisdiction of the United States.
Any appropriation available to any of the Executive Departments shall be
available to carry out the provisions of this title.\1\
--------------------------------------------------------------------------\1\ See References in Text note below.
--------------------------------------------------------------------------(June 15, 1917, ch. 30, title II, Sec. 1, 40 Stat. 220; Aug. 9, 1950,
ch. 656, Sec. 1, 64 Stat. 427; Sept. 26, 1950, ch. 1049, Sec. 2(b), 64
Stat. 1038; Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938;
Pub. L. 96-70, title III, Sec. 3302(a), Sept. 27, 1979, 93 Stat. 498;

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=74931312769+0+0+... 12/22/2004

WAIS Document Retrieval

Page 2 of 5

Pub. L. 104-208, div. C, title VI, Sec. 649, Sept. 30, 1996, 110 Stat.
3009-711.)
References in Text
This title, referred to in text, means title II of act June 15,
1917, ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and
192 to 194 of this title. For complete classification of this Act to the
Code, see Tables.
Amendments
1996--Pub. L. 104-208, in first par., inserted ``or whenever the
Attorney General determines that an actual or anticipated mass migration
of aliens en route to, or arriving off the coast of, the United States
presents urgent circumstances requiring an immediate Federal response,''
after ``international relations of the United States,''.
1979--Pub. L. 96-70 struck out second par., providing that within
the territory and waters of the Canal Zone the Governor of the Canal
Zone, with the approval of the President, shall exercise all the powers
conferred by this section on the Secretary of the Treasury, and in cl.
(b) of third par., struck out ``the Canal Zone,'' after ``facilities in
the United States,''.
1950--Act Sept. 26, 1950, substituted ``Governor of the Canal Zone''
for ``Governor of the Panama Canal'' in second par.
Act Aug. 9, 1950, authorized the President to institute such rules
and regulations to control anchorage and movement of foreign-flag
vessels in United States waters when the national security is
endangered.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70, set out as an Effective Date note under section 3601
of Title 22, Foreign Relations and Intercourse.
Termination Date of 1950 Amendment
Section 4 of act Aug. 9, 1950, provided that: ``The provisions of
this Act [amending this section and sections 192 and 194 of this title]
shall expire on such date as may be specified by concurrent resolution
of the two Houses of Congress.''
Termination of War and Emergencies
Act July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that in
the interpretation of this section, the date July 25, 1947, shall be
deemed to be the date of termination of any state of war theretofore
declared by Congress and of the national emergencies proclaimed by the
President on Sept. 8, 1939, and May 27, 1941.
Regulations--Post-War Generally
For regulations relating to safeguarding of vessels, harbors, ports,
and waterfront facilities, under a finding that the security of the
United States is endangered by reason of subversive activity, see Ex.
Ord. No. 10173, Oct. 18, 1950, 15 F.R. 7005.
Regulations--World War II

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=74931312769+0+0+... 12/22/2004

WAIS Document Retrieval

Page 3 of 5

Proc. No. 2732, June 2, 1947, 12 F.R. 3583, 61 Stat. 1069, revoked
Proc. No. 2412, June 27, 1940, 5 F.R. 2419, 54 Stat. 2711, which granted
consent of President to the exercise of certain powers under this
section by the Secretary of the Treasury and the Governor of the Canal
Zone.
Regulations--World War I
A proclamation was issued under this section on December 3, 1917.
Separability
Section 4 of title XIII of act June 15, 1917, provided: ``If any
clause, sentence, paragraph, or part of this Act [see Tables for
classification] shall for any reason be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof but shall be confined in its
operation to the clause, sentence, paragraph, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.''
Transfer of Functions
``Secretary of Transportation'' substituted for ``Secretary of the
Treasury'' in first paragraph of text pursuant to section 6(b)(1) of
Pub. L. 89-670, which transferred Coast Guard to Department of
Transportation and transferred to and vested in Secretary of
Transportation functions, powers, and duties, relating to Coast Guard,
of Secretary of the Treasury and of other officers and offices of
Department of the Treasury. See section 108 of Title 49, Transportation.
Delegation of Functions
For delegation to Secretary of the Treasury of authority vested in
President by this section, see section 2(e) of Ex. Ord. No. 10289, Sept.
17, 1951, 16 F.R. 9499, as amended, and section 1(r) of Ex. Ord. No.
10637, Sept. 16, 1955, 20 F.R. 7025, set out as notes under section 301
of Title 3, The President.
Proc. No. 6867. Declaration of National Emergency and Invocation of
Emergency Authority Relating to Regulation of Anchorage and Movement of
Vessels
Proc. No. 6867, Mar. 1, 1996, 61 F.R. 8843, provided:
WHEREAS, on February 24, 1996, Cuban military aircraft intercepted
and destroyed two unarmed U.S.-registered civilian aircraft in
international airspace north of Cuba;
WHEREAS the Government of Cuba has demonstrated a ready and reckless
willingness to use excessive force, including deadly force, in the
ostensible enforcement of its sovereignty;
WHEREAS, on July 13, 1995, persons in U.S.-registered vessels who
entered into Cuban territorial waters suffered injury as a result of the
reckless use of force against them by the Cuban military; and
WHEREAS the entry of U.S.-registered vessels into Cuban territorial
waters could again result in injury to, or loss of life of, persons
engaged in that conduct, due to the potential use of excessive force,
including deadly force, against them by the Cuban military, and could
threaten a disturbance in international relations;
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United
States of America, by the authority vested in me by the Constitution and
the laws of the United States of America, including section 1 of title
II of Public Law 65-24, ch. 30, June 15, 1917, as amended (50 U.S.C.

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=74931312769+0+0+... 12/22/2004

WAIS Document Retrieval

Page 4 of 5

191), sections 201 and 301 of the National Emergencies Act (50 U.S.C.
1601 et seq.) [50 U.S.C. 1621, 1631], and section 301 of title 3, United
States Code, find and do hereby proclaim that a national emergency does
exist by reason of a disturbance or threatened disturbance of
international relations. In order to address this national emergency and
to secure the observance of the rights and obligations of the United
States, I hereby authorize and direct the Secretary of Transportation
(the ``Secretary'') to make and issue such rules and regulations as the
Secretary may find appropriate to regulate the anchorage and movement of
vessels, and delegate to the Secretary my authority to approve such
rules and regulations, as authorized by the Act of June 15, 1917 [see
Tables for classification].
Section 1. The Secretary may make rules and regulations governing
the anchorage and movement of any vessel, foreign or domestic, in the
territorial waters of the United States, which may be used, or is
susceptible of being used, for voyage into Cuban territorial waters and
that may create unsafe conditions and threaten a disturbance of
international relations. Any rule or regulation issued pursuant to this
proclamation may be effective immediately upon issuance as such rule or
regulation shall involve a foreign affairs function of the United
States.
Sec. 2. The Secretary is authorized to inspect any vessel, foreign
or domestic, in the territorial waters of the United States, at any
time; to place guards on any such vessel; and, with my consent expressly
hereby granted, take full possession and control of any such vessel and
remove the officers and crew, and all other persons not specifically
authorized by the Secretary to go or remain on board the vessel when
necessary to secure the rights and obligations of the United States.
Sec. 3. The Secretary may request assistance from such departments,
agencies, officers, or instrumentalities of the United States as the
Secretary deems necessary to carry out the purposes of this
proclamation. Such departments, agencies, officers, or instrumentalities
shall, consistent with other provisions of law and to the extent
practicable, provide requested assistance.
Sec. 4. The Secretary may seek assistance from State and local
authorities in carrying out the purposes of this proclamation. Because
State and local assistance may be essential for an effective response to
this emergency, I urge all State and local officials to cooperate with
Federal authorities and to take all actions within their lawful
authority necessary to prevent the unauthorized departure of vessels
intending to enter Cuban territorial waters.
Sec. 5. All powers and authorities delegated by this proclamation to
the Secretary may be delegated by the Secretary to other officers and
agents of the United States Government unless otherwise prohibited by
law.
Sec. 6. This proclamation shall be immediately transmitted to the
Congress and published in the Federal Register.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
March, in the year of our Lord nineteen hundred and ninety-six, and of
the Independence of the United States of America the two hundred and
twentieth.
William J. Clinton.
Continuation of National Emergency Declared by Proc. No. 6867
Notice of President of the United States, dated Feb. 25, 2000, 65
F.R. 10929, provided:
On March 1, 1996, by Proclamation 6867 [set out above], I declared a
national emergency to address the disturbance or threatened disturbance
of international relations caused by the February 24, 1996, destruction
by the Government of Cuba of two unarmed U.S.-registered civilian
aircraft in international airspace north of Cuba. In July 1996 and on
subsequent occasions, the Government of Cuba stated its intent to
forcefully defend its sovereignty against any U.S.-registered vessels or
aircraft that might enter Cuban territorial waters or airspace while

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=74931312769+0+0+... 12/22/2004

WAIS Document Retrieval

Page 5 of 5

involved in a memorial flotilla and peaceful protest. Since these
events, the Government of Cuba has not demonstrated that it will refrain
from the future use of reckless and excessive force against U.S. vessels
or aircraft that may engage in memorial activities or peaceful protest
north of Cuba. Therefore, in accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the
national emergency with respect to Cuba and the emergency authority
relating to the regulation of the anchorage and movement of vessels set
out in Proclamation 6867.
This notice shall be published in the Federal Register and
transmitted to the Congress.
William J. Clinton.
Prior continuations of national emergency
were contained in the following:
Notice of President of the United States,
F.R. 9903.
Notice of President of the United States,
F.R. 9923.
Notice of President of the United States,
F.R. 9347.

declared by Proc. No. 6867
dated Feb. 24, 1999, 64
dated Feb. 25, 1998, 63
dated Feb. 27, 1997, 62

Cross References
Carrying or possessing explosives or dangerous weapons on vessels
seized, forfeited, or upon which guard has been placed under this
chapter, see section 2277 of Title 18, Crimes and Criminal Procedure.
Section Referred to in Other Sections
This section is referred to in section 191a of this title; title 18
section 2277; title 42 section 267.

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=74931312769+0+0+... 12/22/2004

WAIS Document Retrieval

Page 1 of 2

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 50USC195]

TITLE 50--WAR AND NATIONAL DEFENSE
CHAPTER 12--VESSELS IN TERRITORIAL WATERS OF UNITED STATES
Sec. 195. Definitions
In this Act:
(1) United states.--The term ``United States'' includes all
territory and waters, continental or insular, subject to the
jurisdiction of the United States.
(2) Territorial waters.--The term ``territorial waters of the
United States'' includes all waters of the territorial sea of the
United States as described in Presidential Proclamation 5928 of
December 27, 1988.
(June 15, 1917, ch. 30, title XIII, Sec. 1, 40 Stat. 231; Pub. L. 96-70,
title III, Sec. 3302(b), Sept. 27, 1979, 93 Stat. 498; Pub. L. 107-295,
title I, Sec. 104(a), Nov. 25, 2002, 116 Stat. 2085.)
References in Text
This Act, referred to in text, means act June 15, 1917, ch. 30, 40
Stat. 217, as amended. For complete classification of this Act to the
Code, see Tables.
Presidential Proclamation 5928 of December 27, 1988, referred to in
par. (2), is set out as a note under section 1331 of Title 43, Public
Lands.
Codification
Section was formerly classified to section 40 of this title. In the
original this section defined ``United States'' as used in act June 15,
1917. Other provisions of that act were contained in sections 31 to 42
of this title and certain sections of former Title 18, Criminal Code and
Criminal Procedure. The definition of ``United States'' as used in
present provisions derived from those former sections is covered by
section 5 of Title 18, Crimes and Criminal Procedure.

Amendments
2002--Pub. L. 107-295 added introductory provisions, designated
existing provisions as par. (1), inserted heading, struck out ``as used
in this Act'' before ``includes'', and added par. (2).
1979--Pub. L. 96-70 struck out ``the Canal Zone and'' after ``this
Act includes''.

Effective Date of 1979 Amendment
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70, set out as an Effective Date note under section 3601

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=93497527560+0+0+0&WAISac... 03/09/2006

WAIS Document Retrieval

Page 2 of 2

of Title 22, Foreign Relations and Intercourse.

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=93497527560+0+0+0&WAISac... 03/09/2006