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USCODE-2009-title46-subtitleVII-chap701-sec70101.pdf

Security Plan for Ports, Vessels, Facilities, Outer Continental Shelf Facilities and Other Security-Related Requirements

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§ 70101

TITLE 46—SHIPPING

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

Source (U.S. Code)

Source (Statutes at Large)

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

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

CHAPTER 701—PORT SECURITY
70101.
70102.

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

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109–241, was repealed by Pub.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

Sec.

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

Chapter

Page 400

Sec.

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

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

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

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

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

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

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

Page 401

TITLE 46—SHIPPING

(1) The term ‘‘Area Maritime Transportation
Security Plan’’ means an Area Maritime
Transportation Security Plan prepared under
section 70103(b).
(2) The term ‘‘facility’’ means any structure
or facility of any kind located in, on, under, or
adjacent to any waters subject to the jurisdiction of the United States.
(3) The term ‘‘National Maritime Transportation Security Plan’’ means the National
Maritime Transportation Security Plan prepared and published under section 70103(a).
(4) The term ‘‘owner or operator’’ means—
(A) in the case of a vessel, any person owning, operating, or chartering by demise, such
vessel; and
(B) in the case of a facility, any person
owning, leasing, or operating such facility.
(5) The term ‘‘Secretary’’ means the Secretary of the department in which the Coast
Guard is operating.
(6) The term ‘‘transportation security incident’’ means a security incident resulting in a
significant loss of life, environmental damage,
transportation system disruption, or economic
disruption in a particular area. In this paragraph, the term ‘‘economic disruption’’ does
not include a work stoppage or other employee-related action not related to terrorism
and resulting from an employee-employer dispute.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2068; amended Pub. L. 109–347, title
I, § 124, Oct. 13, 2006, 120 Stat. 1900.)
AMENDMENTS
2006—Par. (6). Pub. L. 109–347 inserted at end ‘‘In this
paragraph, the term ‘economic disruption’ does not include a work stoppage or other employee-related action
not related to terrorism and resulting from an employee-employer dispute.’’
REGULATIONS
Pub. L. 107–295, title I, § 102(d), Nov. 25, 2002, 116 Stat.
2084, provided that:
‘‘(1) INTERIM FINAL RULE AUTHORITY.—The Secretary
shall issue an interim final rule as a temporary regulation implementing this section [enacting this subtitle
and provisions set out as notes under sections 70104 and
70114 of this title] (including the amendments made by
this section) as soon as practicable after the date of enactment of this section [Nov. 25, 2002], without regard
to the provisions of chapter 5 of title 5, United States
Code. All regulations prescribed under the authority of
this subsection that are not earlier superseded by final
regulations shall expire not later than 1 year after the
date of enactment of this Act [Nov. 25, 2002].
‘‘(2) INITIATION OF RULEMAKING.—The Secretary may
initiate a rulemaking to implement this section (including the amendments made by this section) as soon
as practicable after the date of enactment of this section. The final rule issued pursuant to that rulemaking
may supersede the interim final rule promulgated
under this subsection.’’
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 70101

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

§ 70101

TITLE 46—SHIPPING

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

Page 402

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

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§ 70102

TITLE 46—SHIPPING

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

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry
out this section $5,500,000 for each of fiscal years 2003
through 2008.’’
[For transfer of functions, personnel, assets, and liabilities of the Federal Law Enforcement Training Center of the Department of the Treasury to the Secretary
of Homeland Security, and for treatment of related references, see sections 203(4), 551(d), 552(d), and 557 of
Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November
25, 2002, as modified, set out as a note under section 542
of Title 6.]
REPORT ON TRAINING CENTER
Pub. L. 107–295, title I, § 110(b), Nov. 25, 2002, 116 Stat.
2091, provided that: ‘‘The Commandant of the United
States Coast Guard, in conjunction with the Secretary
of the Navy, shall submit to Congress a report, at the
time they submit their fiscal year 2005 budget, on the
life cycle costs and benefits of creating a Center for
Coastal and Maritime Security. The purpose of the Center would be to provide an integrated training complex
to prevent and mitigate terrorist threats against coastal and maritime assets of the United States, including
ports, harbors, ships, dams, reservoirs, and transport
nodes.’’
REPORT ON FOREIGN-FLAG VESSELS
Pub. L. 107–295, title I, § 112, Nov. 25, 2002, 116 Stat.
2092, provided that: ‘‘Within 6 months after the date of
enactment of this Act [Nov. 25, 2002] and every year
thereafter, the Secretary of the department in which
the Coast Guard is operating, in consultation with the
Secretary of State, shall provide a report to the Committee on Commerce, Science, and Transportation of
the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives that
lists the following information:
‘‘(1) A list of all nations whose flag vessels have entered United States ports in the previous year.
‘‘(2) Of the nations on that list, a separate list of
those nations—
‘‘(A) whose registered flag vessels appear as Priority III or higher on the Boarding Priority Matrix
maintained by the Coast Guard;
‘‘(B) that have presented, or whose flag vessels
have presented, false, intentionally incomplete, or
fraudulent information to the United States concerning passenger or cargo manifests, crew identity
or qualifications, or registration or classification of
their flag vessels;
‘‘(C) whose vessel registration or classification
procedures have been found by the Secretary to be
noncompliant with international classifications or
do not exercise adequate control over safety and security concerns; or
‘‘(D) whose laws or regulations are not sufficient
to allow tracking of ownership and registration histories of registered flag vessels.
‘‘(3) Actions taken by the United States, whether
through domestic action or international negotiation, including agreements at the International Maritime Organization under section 902 of the International Maritime and Port Security Act (46 U.S.C.
App. 1801) [now 46 U.S.C. 70302], to improve transparency and security of vessel registration procedures in nations on the list under paragraph (2).
‘‘(4) Recommendations for legislative or other actions needed to improve security of United States
ports against potential threats posed by flag vessels
of nations named in paragraph (2).’’

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


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