1625-0105 Stat/Authority

§ 1226

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

igable waters of the United States, or any land
structure or shore area immediately adjacent
to such waters; and
(2) protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss.
Such action may include, but need not be limited to—
(A) establishing procedures, measures, and
standards for the handling, loading, unloading, storage, stowage, and movement on the
structure (including the emergency removal,
control, and disposition) of explosives or
other dangerous articles and substances, including oil or hazardous material as those
terms are defined in section 2101 of title 46;
(B) prescribing minimum safety equipment
requirements for the structure to assure adequate protection from fire, explosion, natural disaster, and other serious accidents or
casualties;
(C) establishing water or waterfront safety
zones, or other measures for limited, controlled, or conditional access and activity
when necessary for the protection of any
vessel, structure, waters, or shore area; and
(D) establishing procedures for examination to assure compliance with the requirements prescribed under this section.
(b) State law
Nothing contained in this section, with respect to structures, prohibits a State or political subdivision thereof from prescribing higher
safety equipment requirements or safety standards than those which may be prescribed by regulations hereunder.
(Pub. L. 92–340, § 6, formerly title I, § 105, July 10,
1972, 86 Stat. 427; renumbered and amended Pub.
L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1475.)
CODIFICATION
In subsec. (a)(2)(A), ‘‘section 2101 of title 46’’ substituted for ‘‘section 4417a of the Revised Statutes [46
U.S.C. 391a]’’ on authority of Pub. L. 98–89, § 2(b), Aug.
26, 1983, 97 Stat. 598, section 1 of which enacted Title 46,
Shipping.

Page 312

(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;
(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;
and
(3) dispatch properly trained and qualified
armed Coast Guard personnel on vessels and
public or commercial structures on or adjacent to waters subject to United States jurisdiction to deter or respond to acts of terrorism
or transportation security incidents, as defined in section 70101 of title 46.
(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, § 7, as added Pub. L. 99–399, title
IX, § 906, Aug. 27, 1986, 100 Stat. 890; amended
Pub. L. 104–324, title III, § 302, Oct. 19, 1996, 110
Stat. 3917; Pub. L. 107–295, title I, § 107(a), Nov.
25, 2002, 116 Stat. 2088.)
PRIOR PROVISIONS
A prior section 1226, Pub. L. 92–340, § 7, formerly title
I, § 106, July 10, 1972, 86 Stat. 427; renumbered § 7 and
amended Pub. L. 95–474, § 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, § 29(g), Oct. 30, 1984, 98 Stat.
2875.
AMENDMENTS
2002—Subsec. (b)(3). Pub. L. 107–295 added par. (3).
1996—Subsec. (c). Pub. L. 104–324 added subsec. (c).

AMENDMENTS

TRANSFER OF FUNCTIONS

1978—Pub. L. 95–474 substituted provisions relating to
waterfront safety for provision requiring the Secretary
to report to Congress within one year his recommendations for legislation to achieve coordination between
functions authorized under Pub. L. 92–340 and the functions of any other agencies and to eliminate duplication of these 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.

§ 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—

REPORT ON USE OF NON-COAST GUARD PERSONNEL
Pub. L. 107–295, title I, § 107(b), Nov. 25, 2002, 116 Stat.
2088, provided that: ‘‘The Secretary of the department
in which the Coast Guard is operating shall evaluate
and report to the Congress on—
‘‘(1) the potential use of Federal, State, or local
government personnel, and documented United
States Merchant Marine personnel, to supplement
Coast Guard personnel under section 7(b)(3) of the
Ports and Waterways Safety Act (33 U.S.C. 1226(b)(3));
‘‘(2) the possibility of using personnel other than
Coast Guard personnel to carry out Coast Guard personnel functions under that section and whether additional legal authority would be necessary to use
such personnel for such functions; and
‘‘(3) the possibility of utilizing the United States
Merchant Marine Academy, State maritime acad-

Page 313

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

emies, or Coast Guard approved maritime industry
schools in the United States, to provide training
under that section.’’

§ 1227. Investigatory powers
(a) Secretary
The Secretary may investigate any incident,
accident, or act involving the loss or destruction
of, or damage to any structure subject to this
chapter, or which affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States.
(b) Powers
In an investigation under this section, the
Secretary may issue subpenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to
obey a subpena, the Secretary may request the
Attorney General to invoke the aid of the appropriate district court of the United States to
compel compliance with the subpena. Any district court of the United States may, in the case
of refusal to obey a subpena, issue an order requiring compliance with the subpena, and failure to obey the order may be punished by the
court as contempt. Witnesses may be paid fees
for travel and attendance at rates not exceeding
those allowed in a district court of the United
States.
(Pub. L. 92–340, § 8, formerly title I, § 107, July 10,
1972, 86 Stat. 427; renumbered and amended Pub.
L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1476.)
AMENDMENTS
1978—Pub. L. 95–474 substituted provision relating to
the investigatory powers of the Secretary for provision
relating to criminal penalties.

§ 1228. Conditions for entry to ports in the
United States
(a) In general
No vessel, subject to the provisions of chapter
37 of title 46, shall operate in the navigable waters of the United States or transfer cargo or
residue in any port or place under the jurisdiction of the United States, if such vessel—
(1) has a history of accidents, pollution incidents, or serious repair problems which, as determined by the Secretary, creates reason to
believe that such vessel may be unsafe or may
create a threat to the marine environment; or
(2) fails to comply with any applicable regulation issued under this chapter, chapter 37 of
title 46, or under any other applicable law or
treaty; or
(3) discharges oil or hazardous material in
violation of any law of the United States or in
a manner or quantities inconsistent with the
provisions of any treaty to which the United
States is a party; or
(4) does not comply with any applicable vessel traffic service requirements; or
(5) is manned by one or more officers who
are licensed by a certificating state which the
Secretary has determined, pursuant to section
9101 of title 46, does not have standards for licensing and certification of seafarers which
are comparable to or more stringent than

§ 1229

United States standards or international
standards which are accepted by the United
States; or
(6) is not manned in compliance with manning levels as determined by the Secretary to
be necessary to insure the safe navigation of
the vessel; or
(7) while underway, does not have at least
one licensed deck officer on the navigation
bridge who is capable of clearly understanding
English.
(b) Exceptions
The Secretary may allow provisional entry of
a vessel not in compliance with subsection (a) of
this section, if the owner or operator of such
vessel proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a threat
to the marine environment, and if such entry is
necessary for the safety of the vessel or persons
aboard. In addition, paragraphs (1), (2), (3), and
(4) of subsection (a) of this section shall not
apply if the owner or operator of such vessel
proves, to the satisfaction of the Secretary, that
such vessel is no longer unsafe or a threat to the
marine environment, and is no longer in violation of any applicable law, treaty, regulation or
condition, as appropriate. Clauses (5) and (6) of
subsection (a) of this section shall become applicable eighteen months after October 17, 1978.
(Pub. L. 92–340, § 9, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1476; amended Pub. L.
101–380, title IV, § 4106(c), Aug. 18, 1990, 104 Stat.
514.)
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–380, § 4106(c)(1), substituted ‘‘chapter 37 of title 46’’ for ‘‘section 4417a of the
Revised Statutes, as amended’’ in provisions preceding
par. (1) and in par. (2) and substituted ‘‘section 9101 of
title 46’’ for ‘‘section 4417a(11) of the Revised Statutes,
as amended’’ in par. (5).
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–380 applicable to incidents
occurring after Aug. 18, 1990, see section 1020 of Pub. L.
101–380, set out as an Effective Date note under section
2701 of this title.

§ 1229. Applicability
This chapter shall not apply to the Panama
Canal. The authority granted to the Secretary
under sections 1223, 1224, and 1225 of this title
shall not be delegated with respect to the Saint
Lawrence Seaway to any agency other than the
Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary
under this chapter shall be delegated to the
Saint Lawrence Seaway Development Corporation to the extent he determines such delegation
is necessary for the proper operation of the
Saint Lawrence Seaway.
(Pub. L. 92–340, § 10, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1477; amended Pub. L.
98–557, § 29(h), Oct. 30, 1984, 98 Stat. 2875.)
AMENDMENTS
1984—Pub. L. 98–557 struck out reference to section
1226 of this title.

§ 1230

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

§ 1230. International agreements
(a) Transmittal of regulations
The Secretary shall transmit, via the Secretary of State, to appropriate international
bodies or forums, any regulations issued under
this chapter, for consideration as international
standards.
(b) Agreements
The President is authorized and encouraged
to—
(1) enter into negotiations and conclude and
execute agreements with neighboring nations,
to establish compatible vessel standards and
vessel traffic services, and to establish, operate, and maintain international vessel traffic
services, in areas and under circumstances of
mutual concern; and
(2) enter into negotiations, through appropriate international bodies, and conclude and
execute agreements to establish vessel traffic
services in appropriate areas of the high seas.
(c) Operations
The Secretary, pursuant to any agreement negotiated under subsection (b) of this section
which is binding upon the United States in accordance with constitutional requirements,
may—
(1) require vessels in the vessel traffic service area to utilize or to comply with the vessel
traffic service, including the carrying or installation of equipment and devices as necessary for the use of the service; and
(2) waive, by order or regulation, the application of any United States law or regulation
concerning the design, construction, operation, equipment, personnel qualifications,
and manning standards for vessels operating
in waters over which the United States exercises jurisdiction if such vessel is not en route
to or from a United States port or place, and
if vessels en route to or from a United States
port or place are accorded equivalent waivers
of laws and regulations of the neighboring nation, when operating in waters over which
that nation exercises jurisdiction.
(d) Ship reporting systems
The Secretary, in cooperation with the International Maritime Organization, is authorized
to implement and enforce two mandatory ship
reporting systems, consistent with international
law, with respect to vessels subject to such reporting systems entering the following areas of
the Atlantic Ocean: Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area
generally bounded by a line starting from a
point on Cape Ann, Massachusetts at 42 deg. 39’
N., 70 deg. 37’ W; then northeast to 42 deg. 45’ N.,
70 deg. 13’ W; then southeast to 42 deg. 10’ N., 68
deg. 31 W, then south to 41 deg. 00’ N., 68 deg. 31’
W; then west to 41 deg. 00’ N., 69 deg. 17’ W; then
northeast to 42 deg. 05’ N., 70 deg. 02’ W, then
west to 42 deg. 04’ N., 70 deg. 10’ W; and then
along the Massachusetts shoreline of Cape Cod
Bay and Massachusetts Bay back to the point on
Cape Ann at 42 deg. 39’ N., 70 deg. 37’ W) and in
the coastal waters of the Southeastern United
States within about 25 nm along a 90 nm stretch
of the Atlantic seaboard (in an area generally

Page 314

extending from the shoreline east to longitude
80 deg. 51.6’ W with the southern and northern
boundary at latitudes 30 deg. 00’ N., 31 deg. 27’
N., respectively).
(Pub. L. 92–340, § 11, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1477; amended Pub. L.
105–383, title III, § 313, Nov. 13, 1998, 112 Stat.
3424.)
AMENDMENTS
1998—Subsec. (d). Pub. L. 105–383 added subsec. (d).

§ 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, § 12, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1477.)
§ 1231a. Towing Safety Advisory Committee
(a) Establishment; membership
There is established a Towing Safety Advisory
Committee (hereinafter referred to as the ‘‘Committee’’). The Committee shall consist of eighteen members with particular expertise, knowledge, and experience regarding shallow-draft inland and coastal waterway navigation and towing safety as follows:
(1) Seven members representing the barge
and towing industry, reflecting a regional geographic balance.
(2) One member representing the offshore
mineral and oil supply vessel industry.
(3) One member representing holders of active licensed Masters or Pilots of towing vessels with experience on the Western Rivers
and the Gulf Intracoastal Waterway.
(4) One member representing the holders of
active licensed Masters of towing vessels in
offshore service.
(5) One member representing Masters who
are active ship-docking or harbor towing vessel.1
1 So

in original.

§ 70101

TITLE 46—SHIPPING

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.

CHAPTER 701—PORT SECURITY
SUBCHAPTER I—GENERAL
Sec.

70101.
70102.

Definitions.
United States facility and vessel vulnerability assessments.
70103.
Maritime transportation security plans.
70104.
Transportation security incident response.
70105.
Transportation security cards.
70106.
Deployable, specialized forces.
70107.
Grants.
70107A. Interagency operational centers for port security 1
70108.
Foreign port assessment.
70109.
Notifying foreign authorities.
70110.
Actions and assistance for foreign ports or facilities and United States territories.
70111.
Enhanced crewmember identification.
70112.
Maritime security advisory committees.2
70113.
Maritime intelligence.
70114.
Automatic identification systems.
70115.
Long-range vessel tracking system.
70116.
Secure systems of transportation.
[70117.
Repealed.]
70118.
Enforcement by State and local officers.
70119.
Civil penalty.
70120.
In rem liability for civil penalties and certain
costs.
70121.
Withholding of clearance.
70122.
Waterway watch program.
70123.
Mobile biometric identification.
70124.
Regulations.
70125.
Port security training for facility security officers.
SUBCHAPTER II—PORT SECURITY ZONES
70131.
70132.

Definitions.
Credentialing standards, training, and certification for State and local support for the
enforcement of security zones for the transportation of especially hazardous cargo.
AMENDMENTS

2010—Pub. L. 111–281, title VIII, § 828(c)(2), Oct. 15,
2010, 124 Stat. 3007, as amended by Pub. L. 111–330,
§ 1(17)(B)–(D), Dec. 22, 2010, 124 Stat. 3570, added items
for subchapters I and II and items 70131 and 70132.
Pub. L. 111–281, title II, § 208(b), title VIII, §§ 801(b),
804(b), 806(c)(2)(C), 807(b), 820(b), 821(c), Oct. 15, 2010, 124
Stat. 2912, 2989, 2991, 2993, 3001, 3003, substituted ‘‘Deployable, specialized forces’’ for ‘‘Maritime safety and
security teams’’ in item 70106 and ‘‘Actions and assistance for foreign ports or facilities and United States
territories’’ for ‘‘Actions and assistance for foreign
ports and United States territories’’ in item 70110,
struck out item 70117 ‘‘Firearms, arrests, and seizure of
property’’, and added items 70122 to 70125.
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
1 So
2 So

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

Page 426

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’’.

SUBCHAPTER I—GENERAL
AMENDMENTS
Pub. L. 111–330, § 1(17)(A), Dec. 22, 2010, 124 Stat. 3570,
amended Pub. L. 111–281, title VIII, § 828(c)(1), Oct. 15,
2010, 124 Stat. 3007, which added subchapter I heading.

§ 70101. Definitions
For the purpose of this chapter:
(1) The term ‘‘Area Maritime Transportation
Security Plan’’ means an Area Maritime
Transportation Security Plan prepared under
section 70103(b).
(2) The term ‘‘facility’’ means any structure
or facility of any kind located in, on, under, or
adjacent to any waters subject to the jurisdiction of the United States.
(3) The term ‘‘National Maritime Transportation Security Plan’’ means the National
Maritime Transportation Security Plan prepared and published under section 70103(a).
(4) The term ‘‘owner or operator’’ means—
(A) in the case of a vessel, any person owning, operating, or chartering by demise, such
vessel; and
(B) in the case of a facility, any person
owning, leasing, or operating such facility.
(5) The term ‘‘Secretary’’ means the Secretary of the department in which the Coast
Guard is operating.
(6) The term ‘‘transportation security incident’’ means a security incident resulting in a
significant loss of life, environmental damage,
transportation system disruption, or economic
disruption in a particular area. 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

Page 427

TITLE 46—SHIPPING

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.
INTEGRATED CROSS-BORDER MARITIME LAW ENFORCEMENT OPERATIONS BETWEEN THE UNITED STATES AND
CANADA
Pub. L. 112–213, title VII, § 711, Dec. 20, 2012, 126 Stat.
1581, provided that:
‘‘(a) AUTHORIZATION.—The Secretary of Homeland Security, acting through the Commandant of the Coast
Guard, may establish an Integrated Cross-Border Maritime Law Enforcement Operations Program to coordinate the maritime security operations of the United
States and Canada (in this section referred to as the
‘Program’).
‘‘(b) PURPOSE.—The Secretary, acting through the
Commandant, shall administer the Program in a manner that results in a cooperative approach between the
United States and Canada to strengthen border security and detect, prevent, suppress, investigate, and respond to terrorism and violations of law related to border security.
‘‘(c) TRAINING.—The Secretary, acting through the
Commandant and in consultation with the Secretary of
State, may—
‘‘(1) establish, as an element of the Program, a
training program for individuals who will serve as
maritime law enforcement officers; and
‘‘(2) conduct training jointly with Canada to enhance border security, including training—
‘‘(A) on the detection and apprehension of suspected terrorists and individuals attempting to unlawfully cross or unlawfully use the international
maritime border between the United States and
Canada;
‘‘(B) on the integration, analysis, and dissemination of port security information by and between
the United States and Canada;
‘‘(C) on policy, regulatory, and legal considerations related to the Program;
‘‘(D) on the use of force in maritime security;
‘‘(E) on operational procedures and protection of
sensitive information; and
‘‘(F) on preparedness and response to maritime
terrorist incidents.

§ 70101

‘‘(d) COORDINATION.—The Secretary, acting through
the Commandant, shall coordinate the Program with
other similar border security and antiterrorism programs within the Department of Homeland Security.
‘‘(e) MEMORANDA OF AGREEMENT.—The Secretary may
enter into any memorandum of agreement necessary to
carry out the Program.’’
WATERSIDE SECURITY OF ESPECIALLY HAZARDOUS
CARGO
Pub. L. 111–281, title VIII, § 812, Oct. 15, 2010, 124 Stat.
2995, provided that:
‘‘(a) NATIONAL STUDY.—
‘‘(1) IN GENERAL.—The Secretary of the department
in which the Coast Guard is operating shall—
‘‘(A) initiate a national study to identify measures to improve the security of maritime transportation of especially hazardous cargo; and
‘‘(B) coordinate with other Federal agencies, the
National Maritime Security Advisory Committee,
and appropriate State and local government officials through the Area Maritime Security Committees and other existing coordinating committees, to
evaluate the waterside security of vessels carrying,
and waterfront facilities handling, especially hazardous cargo.
‘‘(2) MATTERS TO BE INCLUDED.—The study conducted under this subsection shall include—
‘‘(A) an analysis of existing risk assessment information relating to waterside security generated by
the Coast Guard and Area Maritime Security Committees as part of the Maritime Security Risk
Analysis Model;
‘‘(B) a review and analysis of appropriate roles
and responsibilities of maritime stakeholders, including Federal, State, and local law enforcement
and industry security personnel, responsible for waterside security of vessels carrying, and waterfront
facilities handling, especially hazardous cargo, including—
‘‘(i) the number of ports in which State and
local law enforcement entities are providing any
services to enforce Coast Guard-imposed security
zones around vessels transiting to, through, or
from United States ports or to conduct security
patrols in United States ports;
‘‘(ii) the number of formal agreements entered
into between the Coast Guard and State and local
law enforcement entities to engage State and
local law enforcement entities in the enforcement
of Coast Guard-imposed security zones around
vessels transiting to, through, or from United
States ports or the conduct of port security patrols in United States ports, the duration of those
agreements, and the aid that State and local entities are engaged to provide through such agreements;
‘‘(iii) the extent to which the Coast Guard has
set national standards for training, equipment,
and resources to ensure that State and local law
enforcement entities engaged in enforcing Coast
Guard-imposed security zones around vessels
transiting to, through, or from United States
ports or in conducting port security patrols in
United States ports (or both) can deter to the
maximum extent practicable a transportation security incident;
‘‘(iv) the extent to which the Coast Guard has
assessed the ability of State and local law enforcement entities to carry out the security assignments that they have been engaged to perform, including their ability to meet any national
standards for training, equipment, and resources
that have been established by the Coast Guard in
order to ensure that those entities can deter to
the maximum extent practicable a transportation
security incident;
‘‘(v) the extent to which State and local law enforcement entities are able to meet national
standards for training, equipment, and resources

§ 70101

TITLE 46—SHIPPING

established by the Coast Guard to ensure that
those entities can deter to the maximum extent
practicable a transportation security incident;
‘‘(vi) the differences in law enforcement authority, and particularly boarding authority, between
the Coast Guard and State and local law enforcement entities, and the impact that these differences have on the ability of State and local law
enforcement entities to provide the same level of
security that the Coast Guard provides during the
enforcement of Coast Guard-imposed security
zones and the conduct of security patrols in
United States ports; and
‘‘(vii) the extent of resource, training, and
equipment differences between State and local
law enforcement entities and the Coast Guard
units engaged in enforcing Coast Guard-imposed
security zones around vessels transiting to,
through, or from United States ports or conducting security patrols in United States ports;
‘‘(C) recommendations for risk-based security
measures to improve waterside security of vessels
carrying, and waterfront facilities handling, especially hazardous cargo; and
‘‘(D) identification of security funding alternatives, including an analysis of the potential for
cost-sharing by the public and private sectors as
well as any challenges associated with such costsharing.
‘‘(3) INFORMATION PROTECTION.—In carrying out the
coordination necessary to effectively complete the
study, the Commandant shall implement measures to
ensure the protection of any sensitive security information, proprietary information, or classified information collected, reviewed, or shared during collaborative engagement with maritime stakeholders and
other Government entities, except that nothing in
this paragraph shall constitute authority to withhold
information from—
‘‘(A) the Congress; or
‘‘(B) first responders requiring such information
for the protection of life or property.
‘‘(4) REPORT.—Not later than 12 months after the
date of enactment of this Act [Oct. 15, 2010], the Secretary of the Department in which the Coast Guard is
operating shall submit to the Committees on Homeland Security and Transportation and Infrastructure
of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the
Senate a report on the results of the study under this
subsection.
‘‘(b) NATIONAL STRATEGY.—Not later than 6 months
after submission of the report required by subsection
(a), the Secretary of the department in which the Coast
Guard is operating shall develop, in conjunction with
appropriate Federal agencies, a national strategy for
the waterside security of vessels carrying, and waterfront facilities handling, especially hazardous cargo.
The strategy shall utilize the results of the study required by subsection (a).
‘‘(c) SECURITY OF ESPECIALLY HAZARDOUS CARGO.—
[Amended section 70103 of this title.]
‘‘(d) DEFINITIONS.—For the purposes of this section,
the follow[ing] definitions apply:
‘‘(1) ESPECIALLY HAZARDOUS CARGO.—The term ‘especially hazardous cargo’ means anhydrous ammonia,
ammonium nitrate, chlorine, liquefied natural gas,
liquiefied petroleum gas, and any other substance,
material, or group or class of material, in a particular amount and form that the Secretary determines
by regulation poses a significant risk of creating a
transportation security incident while being transported in maritime commerce.
‘‘(2) AREA MARITIME SECURITY COMMITTEE.—The
term ‘Area Maritime Security Committee’ means
each of those committees responsible for producing
Area Maritime Transportation Security Plans under
chapter 701 of title 46, United States Code.
‘‘(3) TRANSPORTATION SECURITY INCIDENT.—The term
‘transportation security incident’ has the same

Page 428

meaning as that term has in section 70101 of title 46,
United States Code.’’
RISK BASED RESOURCE ALLOCATION
Pub. L. 111–281, title VIII, § 827, Oct. 15, 2010, 124 Stat.
3004, provided that:
‘‘(a) NATIONAL STANDARD.—Within 1 year after the
date of enactment of this Act [Oct. 15, 2010], in carrying
out chapter 701 of title 46, United States Code, the Secretary of the department in which the Coast Guard is
operating shall develop and utilize a national standard
and formula for prioritizing and addressing assessed security risks at United State ports and facilities on or
adjacent to the waterways of the United States, such as
the Maritime Security Risk Assessment Model that has
been tested by the Department of Homeland Security.
‘‘(b) USE BY MARITIME SECURITY COMMITTEES.—Within
2 years after the date of enactment of this Act, the Secretary shall require each Area Maritime Security Committee to use this standard to regularly evaluate each
port’s assessed risk and prioritize how to mitigate the
most significant risks.
‘‘(c) OTHER USES OF STANDARD.—The Secretary
shall utilize the standard when considering departmental resource allocations and grant making decisions.
‘‘(d) USE OF MARITIME RISK ASSESSMENT MODEL.—
Within 180 days after the date of enactment of this Act,
the Secretary of the department in which the Coast
Guard is operating shall make the United States Coast
Guard’s Maritime Security Risk Assessment Model
available, in an unclassified version, on a limited basis
to regulated vessels and facilities to conduct true risk
assessments of their own facilities and vessels using
the same criteria employed by the Coast Guard when
evaluating a port area, facility, or vessel.’’
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.

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‘‘(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), formerly
§ 809(g)–(i), (k), Aug. 9, 2004, 118 Stat. 1087, 1088, renumbered and amended by Pub. L. 113–284, § 2(a)(1), (2)(B),
Dec. 18, 2014, 128 Stat. 3089, provided that:
‘‘(g) 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.
[(h) Repealed. Pub. L. 113–284, § 2(a)(1), Dec. 18, 2014,
128 Stat. 3089.]
‘‘(i) 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.’’
[(k) Redesignated (i).]
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.

§ 70101

‘‘(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

§ 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.

Page 430

‘‘(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, which required the Secretary of the department in
which the Coast Guard is operating to provide an annual report regarding all nations whose flag vessels
have entered United States ports in the previous year,
a separate list of those nations whose registered flag
vessels present certain irregularities, actions taken to
improve transparency and security of vessel registration procedures in those nations, and recommendations
for legislative or other actions to improve security of
United States ports, was repealed by Pub. L. 111–207,
§ 4(a)(2), July 27, 2010, 124 Stat. 2251.

§ 70102. United States facility and vessel vulnerability assessments
(a) INITIAL ASSESSMENTS.—The Secretary shall
conduct an assessment of vessel types and
United States facilities on or adjacent to the
waters subject to the jurisdiction of the United
States to identify those vessel types and United
States facilities that pose a high risk of being
involved in a transportation security incident.
(b) FACILITY AND VESSEL ASSESSMENTS.—(1)
Based on the information gathered under subsection (a) of this section and by not later than
December 31, 2004, the Secretary shall conduct a
detailed vulnerability assessment of the facilities and vessels that may be involved in a transportation security incident. The vulnerability
assessment shall include the following:
(A) Identification and evaluation of critical
assets and infrastructures.
(B) Identification of the threats to those assets and infrastructures.
(C) Identification of weaknesses in physical
security, passenger and cargo security, structural integrity, protection systems, procedural policies, communications systems,
transportation infrastructure, utilities, contingency response, and other areas as determined by the Secretary.
(2) Upon completion of an assessment under
this subsection for a facility or vessel, the Secretary shall provide the owner or operator with
a copy of the vulnerability assessment for that
facility or vessel.

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TITLE 46—SHIPPING

(3) The Secretary shall update each vulnerability assessment conducted under this section
at least every 5 years.
(4) In lieu of conducting a facility or vessel
vulnerability assessment under paragraph (1),
the Secretary may accept an alternative assessment conducted by or on behalf of the owner or
operator of the facility or vessel if the Secretary
determines that the alternative assessment includes the matters required under paragraph (1).
(c) SHARING OF ASSESSMENT INTEGRATION OF
PLANS AND EQUIPMENT.—The owner or operator
of a facility, consistent with any Federal security restrictions, shall—
(1) make a current copy of the vulnerability
assessment conducted under subsection (b)
available to the port authority with jurisdiction of the facility and appropriate State or
local law enforcement agencies; and
(2) integrate, to the maximum extent practical, any security system for the facility with
compatible systems operated or maintained by
the appropriate State, law enforcement agencies, and the Coast Guard.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2068; amended Pub. L. 108–458, title
IV, § 4072(b), Dec. 17, 2004, 118 Stat. 3730; Pub. L.
111–281, title VIII, § 822, Oct. 15, 2010, 124 Stat.
3003.)
AMENDMENTS
2010—Subsec. (c). Pub. L. 111–281 added subsec. (c).
2004—Subsec. (b)(1). Pub. L. 108–458 substituted ‘‘and
by not later than December 31, 2004, the Secretary’’ for
‘‘, the Secretary’’ in introductory provisions.

§ 70103. Maritime transportation security plans
(a) NATIONAL MARITIME TRANSPORTATION SECUPLAN.—(1) Not later than April 1, 2005, the
Secretary shall prepare a National Maritime
Transportation Security Plan for deterring and
responding to a transportation security incident.
(2) The National Maritime Transportation Security Plan shall provide for efficient, coordinated, and effective action to deter and minimize damage from a transportation security incident, and shall include the following:
(A) Assignment of duties and responsibilities
among Federal departments and agencies and
coordination with State and local governmental agencies.
(B) Identification of security resources.
(C) Procedures and techniques to be employed in deterring a national transportation
security incident.
(D) Establishment of procedures for the coordination of activities of—
(i) Coast Guard maritime security teams
established under this chapter; and
(ii) Federal Maritime Security Coordinators required under this chapter.

RITY

(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

§ 70103

identification of a transportation security incident, or the substantial threat of such a security incident.
(G) Designation of—
(i) areas for which Area Maritime Transportation Security Plans are required to be
prepared under subsection (b); and
(ii) a Coast Guard official who shall be the
Federal Maritime Security Coordinator for
each such area.
(H) A risk-based system for evaluating the
potential for violations of security zones designated by the Secretary on the waters subject
to the jurisdiction of the United States.
(I) A recognition of certified systems of
intermodal transportation.
(J) A plan for ensuring that the flow of cargo
through United States ports is reestablished
as efficiently and quickly as possible after a
transportation security incident.
(3) The Secretary shall, as the Secretary considers advisable, revise or otherwise amend the
National Maritime Transportation Security
Plan.
(4) Actions by Federal agencies to deter and
minimize damage from a transportation security incident shall, to the greatest extent possible, be in accordance with the National Maritime Transportation Security Plan.
(5) The Secretary shall inform vessel and facility owners or operators of the provisions in the
National Transportation Security Plan that the
Secretary considers necessary for security purposes.
(b) AREA MARITIME TRANSPORTATION SECURITY
PLANS.—(1) The Federal Maritime Security Coordinator designated under subsection (a)(2)(G)
for an area shall—
(A) submit to the Secretary an Area Maritime Transportation Security Plan for the
area; and
(B) solicit advice from the Area Security Advisory Committee required under this chapter,
for the area to assure preplanning of joint deterrence efforts, including appropriate procedures for deterrence of a transportation security incident.
(2) The Area Maritime Transportation Security Plan for an area shall—
(A) when implemented in conjunction with
the National Maritime Transportation Security Plan, be adequate to deter a transportation security incident in or near the area to
the maximum extent practicable;
(B) describe the area and infrastructure covered by the plan, including the areas of population or special economic, environmental, or
national security importance that might be
damaged by a transportation security incident;
(C) describe in detail how the plan is integrated with other Area Maritime Transportation Security Plans, and with facility security plans and vessel security plans under this
section;
(D) include consultation and coordination
with the Department of Defense on matters relating to Department of Defense facilities and
vessels;
(E) establish area response and recovery protocols to prepare for, respond to, mitigate

§ 70103

TITLE 46—SHIPPING

against, and recover from a transportation security incident consistent with section 202 of
the SAFE Port Act of 2006 (6 U.S.C. 942) and
subsection (a) of this section;
(F) include any other information the Secretary requires;
(G) include a salvage response plan—
(i) to identify salvage equipment capable
of restoring operational trade capacity; and
(ii) to ensure that the waterways are
cleared and the flow of commerce through
United States ports is reestablished as efficiently and quickly as possible after a maritime transportation security incident; and
(H) 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—
(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, includ-

Page 432

ing access by persons engaged in the surface
transportation of intermodal containers in
or out of a port facility;
(iii) procedural security policies;
(iv) communications systems; and
(v) other security systems;
(D) identify, and ensure by contract or other
means approved by the Secretary, the availability of security measures necessary to deter
to the maximum extent practicable a transportation security incident or a substantial
threat of such a security incident;
(E) describe the training, periodic unannounced drills, and security actions of persons
on the vessel or at the facility, to be carried
out under the plan to deter to the maximum
extent practicable a transportation security
incident, or a substantial threat of such a security incident;
(F) provide a strategy and timeline for conducting training and periodic unannounced
drills;
(G) be updated at least every 5 years;
(H) be resubmitted for approval of each
change to the vessel or facility that may substantially affect the security of the vessel or
facility; and
(I) in the case of a security plan for a facility, be resubmitted for approval of each
change in the ownership or operator of the facility that may substantially affect the security of the facility.
(4) The Secretary shall—
(A) promptly review each such plan;
(B) require amendments to any plan that
does not meet the requirements of this subsection;
(C) approve any plan that meets the requirements of this subsection; and
(D) subject to the availability of appropriations, verify the effectiveness of each such facility security plan periodically, but not less
than 2 times per year, at least 1 of which shall
be an inspection of the facility that is conducted without notice to the facility.
(5) A vessel or facility for which a plan is required to be submitted under this subsection
may not operate after the end of the 12-month
period beginning on the date of the prescription
of interim final regulations on vessel and facility security plans, unless—
(A) the plan has been approved by the Secretary; and
(B) the vessel or facility is operating in compliance with the plan.
(6) Notwithstanding paragraph (5), the Secretary may authorize a vessel or facility to operate without a security plan approved under
this subsection, until not later than 1 year after
the date of the submission to the Secretary of a
plan for the vessel or facility, if the owner or operator of the vessel or facility certifies that the
owner or operator has ensured by contract or
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

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TITLE 46—SHIPPING

adjacent to waters subject to the jurisdiction of
the United States to implement any necessary
interim security measures, including cargo security programs, to deter to the maximum extent
practicable a transportation security incident
until the security plan for that vessel or facility
operator is approved.
(8)(A) The Secretary shall require that the
qualified individual having full authority to implement security actions for a facility described
in paragraph (2) shall be a citizen of the United
States.
(B) The Secretary may waive the requirement
of subparagraph (A) with respect to an individual if the Secretary determines that it is appropriate to do so based on a complete background
check of the individual and a review of all terrorist watch lists to ensure that the individual
is not identified on any such terrorist watch
list.
(d) NONDISCLOSURE OF INFORMATION.—
(1) IN GENERAL.—Information developed
under this section or sections 70102, 70104, and
70108 is not required to be disclosed to the public, including—
(A) facility security plans, vessel security
plans, and port vulnerability assessments;
and
(B) other information related to security
plans, procedures, or programs for vessels or
facilities authorized under this section or
sections 70102, 70104, and 70108.
(2) LIMITATIONS.—Nothing in paragraph (1)
shall be construed to authorize the designation of information as sensitive security information (as defined in section 1520.5 of title 49,
Code of Federal Regulations)—
(A) to conceal a violation of law, inefficiency, or administrative error;
(B) to prevent embarrassment to a person,
organization, or agency;
(C) to restrain competition; or
(D) to prevent or delay the release of information that does not require protection in
the interest of transportation security, including basic scientific research information
not clearly related to transportation security.
(e) ESPECIALLY HAZARDOUS CARGO.—
(1) ENFORCEMENT OF SECURITY ZONES.—Consistent with other provisions of Federal law,
the Coast Guard shall coordinate and be responsible for the enforcement of any Federal
security zone established by the Coast Guard
around a vessel containing especially hazardous cargo. The Coast Guard shall allocate
available resources so as to deter and respond
to a transportation security incident, to the
maximum extent practicable, and to protect
lives or protect property in danger.
(2) RESOURCE DEFICIENCY REPORTING.—
(A) IN GENERAL.—When the Secretary submits the annual budget request for a fiscal
year for the department in which the Coast
Guard is operating to the Office of Management and Budget, the Secretary shall provide to the Committees on Homeland Security and Transportation and Infrastructure
of the House of Representatives and the
Committee on Commerce, Science, and

Transportation of the Senate a report that
includes—
(i) for the last full fiscal year preceding
the report, a statement of the number of
security zones established for especially
hazardous cargo shipments;
(ii) for the last full fiscal year preceding
the report, a statement of the number of
especially hazardous cargo shipments provided a waterborne security escort, subdivided by Federal, State, local, or private
security; and
(iii) an assessment as to any additional
vessels, personnel, infrastructure, and
other resources necessary to provide waterborne escorts to those especially hazardous cargo shipments for which a security zone is established.
CARGO DEterm ‘‘especially hazardous cargo’’ means anhydrous
ammonia, ammonium nitrate, chlorine, liquefied natural gas, liquiefied petroleum gas,
and any other substance, material, or group
or class of material, in a particular amount
and form that the Secretary determines by
regulation poses a significant risk of creating a transportation security incident while
being transported in maritime commerce.

(B) ESPECIALLY HAZARDOUS
FINED.—In this subsection, the

(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2069; amended Pub. L. 108–458, title
IV, § 4072(a), Dec. 17, 2004, 118 Stat. 3730; Pub. L.
109–347, title I, §§ 101–103, 113(c), Oct. 13, 2006, 120
Stat. 1887, 1888, 1896; Pub. L. 111–83, title V,
§ 561(b), Oct. 28, 2009, 123 Stat. 2182; Pub. L.
111–281, title VIII, §§ 812(c), 826, Oct. 15, 2010, 124
Stat. 2997, 3004.)
AMENDMENTS
2010—Subsec. (b)(2)(E) to (H). Pub. L. 111–281, § 826,
added subpar. (E) and redesignated former subpars. (E)
to (G) as (F) to (H), respectively.
Subsec. (e). Pub. L. 111–281, § 812(c), added subsec.(e).
2009—Subsec. (d). Pub. L. 111–83 amended subsec. (d)
generally. Prior to amendment, text read as follows:
‘‘Notwithstanding any other provision of law, information developed under this chapter is not required to be
disclosed to the public, including—
‘‘(1) facility security plans, vessel security plans,
and port vulnerability assessments; and
‘‘(2) other information related to security plans,
procedures, or programs for vessels or facilities authorized under this chapter.’’
2006—Subsec. (b)(2)(F), (G). Pub. L. 109–347, § 101,
added subpar. (F) and redesignated former subpar. (F)
as (G).
Subsec. (c)(3)(C)(ii). Pub. L. 109–347, § 102(1)(A), substituted ‘‘facility, including access by persons engaged
in the surface transportation of intermodal containers
in or out of a port facility’’ for ‘‘facility’’.
Subsec. (c)(3)(F), (G). Pub. L. 109–347, § 113(c), added
subpar. (F) and redesignated former subpar. (F) as (G).
Former subpar. (G) redesignated (H).
Subsec. (c)(3)(H). Pub. L. 109–347, § 113(c)(1), redesignated subpar. (G) as (H). Former subpar. (H) redesignated (I).
Pub. L. 109–347, § 102(1)(B)–(D), added subpar. (H).
Subsec. (c)(3)(I). Pub. L. 109–347, § 113(c)(1), redesignated subpar. (H) as (I).
Subsec. (c)(4)(D). Pub. L. 109–347, § 103, amended subpar. (D) generally. Prior to amendment, subpar. (D)
read as follows: ‘‘review each plan periodically thereafter.’’
Subsec. (c)(8). Pub. L. 109–347, § 102(2), added par. (8).

§ 70104

TITLE 46—SHIPPING

2004—Subsec. (a)(1). Pub. L. 108–458 substituted ‘‘Not
later than April 1, 2005, the Secretary’’ for ‘‘The Secretary’’.

Page 434

(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2072; amended Pub. L. 109–295, title
VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)

TRANSFER OF FUNCTIONS

CHANGE OF NAME

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.

‘‘Administrator of the Federal Emergency Management Agency’’ and ‘‘Administrator’s’’ substituted for
‘‘Director of the Federal Emergency Management
Agency’’ and ‘‘Director’s’’, respectively, on authority
of section 612(c) of Pub. L. 109–295, set out as a note
under section 313 of Title 6, Domestic Security. Any
reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295
or an amendment by title VI to be considered to refer
and apply to the Director of the Federal Emergency
Management Agency until Mar. 31, 2007, see section
612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.

SEAMEN’S SHORESIDE ACCESS
Pub. L. 111–281, title VIII, § 811, Oct. 15, 2010, 124 Stat.
2995, provided that: ‘‘Each facility security plan approved under section 70103(c) of title 46, United States
Code, shall provide a system for seamen assigned to a
vessel at that facility, pilots, and representatives of
seamen’s welfare and labor organizations to board and
depart the vessel through the facility in a timely manner at no cost to the individual.’’
RISK ASSESSMENT TOOL
Pub. L. 109–347, title I, § 111, Oct. 13, 2006, 120 Stat.
1894, provided that: ‘‘In updating Area Maritime Security Plans required under section 70103(b)(2)(F) [now
section 70103(b)(2)(G)] of title 46, United States Code,
and in applying for grants under section 70107 of such
title, the Secretary of the Department in which the
Coast Guard is operating shall make available, and
Area Maritime Security Committees may use a risk assessment tool that uses standardized risk criteria, such
as the Maritime Security Risk Assessment Tool used
by the Coast Guard.’’

TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

REVISION OF PORT SECURITY PLANNING GUIDE

DEADLINE

Pub. L. 107–295, title I, § 113, Nov. 25, 2002, 116 Stat.
2093, provided that: ‘‘The Secretary of Transportation,
acting through the Maritime Administration and after
consultation with the National Maritime Security Advisory Committee and the Coast Guard, shall publish a
revised version of the document entitled ‘Port Security: A National Planning Guide’, incorporating the requirements prescribed under chapter 701 of title 46,
United States Code, as amended by this Act, within 3
years after the date of enactment of this Act [Nov. 25,
2002], and make that revised document available on the
Internet.’’

Pub. L. 107–295, title I, § 102(c), Nov. 25, 2002, 116 Stat.
2084, provided that: ‘‘The Secretary shall establish the
plans required under section 70104(a)(1) of title 46,
United States Code, as enacted by this Act, before April
1, 2003.’’

§ 70104. Transportation
sponse

security

incident

re-

(a) FACILITY AND VESSEL RESPONSE PLANS.—
The Secretary shall—
(1) establish security incident response plans
for vessels and facilities that may be involved
in a transportation security incident; and
(2) make those plans available to the Administrator of the Federal Emergency Management Agency for inclusion in the Administrator’s response plan for United States ports and
waterways.
(b) CONTENTS.—Response plans developed
under subsection (a) shall provide a comprehensive response to an emergency, including notifying and coordinating with local, State, and Federal authorities, including the Administrator of
the Federal Emergency Management Agency, securing the facility or vessel, and evacuating facility and vessel personnel.
(c) INCLUSION IN SECURITY PLAN.—A response
plan required under this subsection for a vessel
or facility may be included in the security plan
prepared under section 70103(c).

§ 70105. Transportation security cards
(a) PROHIBITION.—(1) The Secretary shall prescribe regulations to prevent an individual from
entering an area of a vessel or facility that is
designated as a secure area by the Secretary for
purposes of a security plan for the vessel or facility that is approved by the Secretary under
section 70103 of this title unless the individual—
(A) holds a transportation security card issued under this section and is authorized to be
in the area in accordance with the plan; or
(B) is accompanied by another individual
who holds a transportation security card issued under this section and is authorized to be
in the area in accordance with the plan.
(2) A person shall not admit an individual into
such a secure area unless the entry of the individual into the area is in compliance with paragraph (1).
(b) ISSUANCE OF CARDS.—(1) The Secretary
shall issue a biometric transportation security
card to an individual specified in paragraph (2),
unless the Secretary determines under subsection (c) that the individual poses a security
risk warranting denial of the card.
(2) This subsection applies to—
(A) an individual allowed unescorted access
to a secure area designated in a vessel or facility security plan approved under section 70103
of this title;

Page 435

TITLE 46—SHIPPING

(B) an individual issued a license, certificate
of registry, or merchant mariners document
under part E of subtitle II of this title allowed
unescorted access to a secure area designated
in a vessel security plan approved under section 70103 of this title;
(C) a vessel pilot;
(D) an individual engaged on a towing vessel
that pushes, pulls, or hauls alongside a tank
vessel allowed unescorted access to a secure
area designated in a vessel security plan approved under section 70103 of this title;
(E) an individual with access to security sensitive information as determined by the Secretary;
(F) other individuals engaged in port security activities as determined by the Secretary;
and
(G) other individuals as determined appropriate by the Secretary including individuals
employed at a port not otherwise covered by
this subsection.
(3) The Secretary may extend for up to one
year the expiration of a biometric transportation security card required by this section to
align the expiration with the expiration of a license, certificate of registry, or merchant mariner document required under chapter 71 or 73.
(c) DETERMINATION OF TERRORISM SECURITY
RISK.—
(1) DISQUALIFICATIONS.—
(A) PERMANENT DISQUALIFYING CRIMINAL
OFFENSES.—Except as provided under paragraph (2), an individual is permanently disqualified from being issued a biometric
transportation security card under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, in a civilian or military jurisdiction
of any of the following felonies:
(i) Espionage or conspiracy to commit
espionage.
(ii) Sedition or conspiracy to commit sedition.
(iii) Treason or conspiracy to commit
treason.
(iv) A Federal crime of terrorism (as defined in section 2332b(g) of title 18), a
crime under a comparable State law, or
conspiracy to commit such crime.
(v) A crime involving a transportation
security incident.
(vi) Improper transportation of a hazardous material in violation of section 5104(b)
of title 49, or a comparable State law.
(vii) Unlawful possession, use, sale, distribution, manufacture, purchase, receipt,
transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, an explosive or explosive device. In
this clause, an explosive or explosive device includes—
(I) an explosive (as defined in sections
232(5) and 844(j) of title 18);
(II) explosive materials (as defined in
subsections (c) through (f) of section 841
of title 18); and
(III) a destructive device (as defined in
921(a)(4) of title 18 or section 5845(f) of
the Internal Revenue Code of 1986).
(viii) Murder.

§ 70105

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

§ 70105

TITLE 46—SHIPPING

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

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

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

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

Page 436

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

Page 437

TITLE 46—SHIPPING

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

§ 70105

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

ING

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

§ 70105

TITLE 46—SHIPPING

under paragraph (1)(C), the Secretary, after a
notice and comment period that includes at
least 1 public hearing, shall promulgate final
regulations that require the deployment of
transportation security card readers that are
consistent with the findings of the pilot program and build upon the regulations prescribed under subsection (a).
(4) REPORT.—Not later than 120 days before
the promulgation of regulations under paragraph (3), the Secretary shall submit a comprehensive report to the appropriate congressional committees (as defined in section 2(1) of
SAFE Port Act) that includes—
(A) the findings of the pilot program with
respect to technical and operational impacts
of implementing a transportation security
card reader system;
(B) any actions that may be necessary to
ensure that all vessels and facilities to
which this section applies are able to comply
with such regulations; and
(C) an analysis of the viability of equipment under the extreme weather conditions
of the marine environment.
(l) PROGRESS REPORTS.—Not later than 6
months after the date of the enactment of the
SAFE Port Act, and every 6 months thereafter
until the requirements under this section are
fully implemented, the Secretary shall submit a
report on progress being made in implementing
such requirements to the appropriate congressional committees (as defined in section 2(1) of
the SAFE Port Act).
(m) LIMITATION.—The Secretary may not require the placement of an electronic reader for
transportation security cards on a vessel unless—
(1) the vessel has more individuals on the
crew that are required to have a transportation security card than the number the Secretary determines, by regulation issued under
subsection (k)(3), warrants such a reader; or
(2) the Secretary determines that the vessel
is at risk of a severe transportation security
incident.
(n) The Secretary may use a secondary authentication system to verify the identification
of individuals using transportation security
cards when the individual’s fingerprints are not
able to be taken or read.
(o) ESCORTING.—The Secretary shall coordinate with owners and operators subject to this
section to allow any individual who has a pending application for a transportation security
card under this section or is waiting for reissuance of such card, including any individual
whose card has been lost or stolen, and who
needs to perform work in a secure or restricted
area to have access to such area for that purpose
through escorting of such individual in accordance with subsection (a)(1)(B) by another individual who holds a transportation security card.
Nothing in this subsection shall be construed as
requiring or compelling an owner or operator to
provide escorted access.
(p) PROCESSING TIME.—The Secretary shall review an initial transportation security card application and respond to the applicant, as appropriate, including the mailing of an Initial Deter-

Page 438

mination of Threat Assessment letter, within 30
days after receipt of the initial application. The
Secretary shall, to the greatest extent practicable, review appeal and waiver requests submitted by a transportation security card applicant, and send a written decision or request for
additional information required for the appeal
or waiver determination, within 30 days after receipt of the applicant’s appeal or waiver written
request. For an applicant that is required to
submit additional information for an appeal or
waiver determination, the Secretary shall send
a written decision, to the greatest extent practicable, within 30 days after receipt of all requested information.
(q) RECEIPT AND ACTIVATION OF TRANSPORTATION SECURITY CARD.—
(1) IN GENERAL.—Not later than one year
after the date of publication of final regulations required by subsection (k)(3) of this section the Secretary shall develop a plan to permit the receipt and activation of transportation security cards at any vessel or facility
described in subsection (a) of this section that
desires to implement this capability. This plan
shall comply, to the extent possible, with all
appropriate requirements of Federal standards
for personal identity verification and credential.
(2) LIMITATION.—The Secretary may not require any such vessel or facility to provide onsite activation capability.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2073; amended Pub. L. 109–241, title
III, § 309, July 11, 2006, 120 Stat. 528; Pub. L.
109–347, title I, § 104(a), (b), Oct. 13, 2006, 120 Stat.
1888, 1890; Pub. L. 110–53, title XIII, § 1309(a), Aug.
3, 2007, 121 Stat. 397; Pub. L. 111–281, title VIII,
§§ 809, 814, 818(a), 819, 823, title IX, § 903(c)(2), Oct.
15, 2010, 124 Stat. 2995, 2999–3001, 3003, 3011; Pub.
L. 111–330, § 1(13), Dec. 22, 2010, 124 Stat. 3570.)
REFERENCES IN TEXT
Section 5845 of the Internal Revenue Code of 1986, referred to in subsec. (c)(1)(A)(vii)(III), (B)(i)(I), is classified to section 5845 of Title 26, Internal Revenue Code.
The Immigration and Nationality Act, referred to in
subsec. (c)(1)(D)(iii), is act June 27, 1952, ch. 477, 66 Stat.
163, which is classified principally to chapter 12 (§ 1101
et seq.) of Title 8, Aliens and Nationality. For complete
classification of this Act to the Code, see Short Title
note set out under section 1101 of Title 8 and Tables.
The Classified Information Procedures Act, referred
to in subsec. (c)(3)(D)(i), is Pub. L. 96–456, Oct. 15, 1980,
94 Stat. 2025, which is set out in the Appendix to Title
18, Crimes and Criminal Procedure.
The date of the enactment of the SAFE Port Act, referred to in subsecs. (j), (k)(1)(C), (l), is the date of enactment of Pub. L. 109–347, which was approved Oct. 13,
2006.
Section 2(1) of the SAFE Port Act, referred to in subsecs. (k)(4), (l), is classified to section 901(1) of Title 6,
Domestic Security.
AMENDMENTS
2010—Subsec. (b)(2)(B). Pub. L. 111–281, § 809(1), inserted ‘‘allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title’’ after ‘‘subtitle II of this title’’.
Subsec. (b)(2)(D). Pub. L. 111–281, § 809(2), inserted ‘‘allowed unescorted access to a secure area designated in
a vessel security plan approved under section 70103 of
this title’’ after ‘‘tank vessel’’.
Subsec. (b)(3). Pub. L. 111–281, § 819, as amended by
Pub. L. 111–330, added par. (3).

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Subsec. (c)(3)(C). Pub. L. 111–281, § 903(c)(2), substituted ‘‘Director of National Intelligence’’ for ‘‘National Intelligence Director’’.
Subsec. (n). Pub. L. 111–281, § 814, added subsec. (n).
Subsecs. (o), (p). Pub. L. 111–281, § 818(a), added subsecs. (o) and (p).
Subsec. (q). Pub. L. 111–281, § 823, added subsec. (q).
2007—Subsec. (b)(1). Pub. L. 110–53, § 1309(a)(1), substituted ‘‘determines under subsection (c) that the individual poses a security risk’’ for ‘‘decides that the individual poses a security risk under subsection (c)’’.
Subsec. (c)(1). Pub. L. 110–53, § 1309(a)(2), inserted
heading and amended text of par. (1) generally, substituting provisions relating to disqualifications, consisting of subpars. (A) to (E), for former provisions relating to when individuals may be denied transportation security cards, consisting of subpars. (A) to (D).
2006—Subsec. (b)(2)(G). Pub. L. 109–347, § 104(b)(1),
added subpar. (G).
Subsec. (c)(2). Pub. L. 109–347, § 104(b)(2), inserted
‘‘subparagraph (A), (B), or (D)’’ before ‘‘paragraph (1)’’.
Subsec. (c)(3) to (5). Pub. L. 109–241 added par. (3) and
redesignated former pars. (3) and (4) as (4) and (5), respectively.
Subsecs. (g) to (m). Pub. L. 109–347, § 104(a), added subsecs. (g) to (m).
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(13) is effective with the enactment of Pub. L. 111–281.
DEADLINE FOR SECTION 70105 REGULATIONS
Pub. L. 109–347, title I, § 104(c), Oct. 13, 2006, 120 Stat.
1891, provided that: ‘‘Not later than January 1, 2007, the
Secretary [of Homeland Security] shall promulgate
final regulations implementing the requirements for issuing transportation security cards under section 70105
of title 46, United States Code. The regulations shall include a background check process to enable newly
hired workers to begin working unless the Secretary
makes an initial determination that the worker poses
a security risk. Such process shall include a check
against the consolidated and integrated terrorist watch
list maintained by the Federal Government.’’
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
PROCESS REFORM
Pub. L. 112–213, title VII, § 709, Dec. 20, 2012, 126 Stat.
1581, provided that: ‘‘Not later than 270 days after the
date of enactment of this Act [Dec. 20, 2012], the Secretary of Homeland Security shall reform the process
for Transportation Worker Identification Credential
enrollment, activation, issuance, and renewal to require, in total, not more than one in-person visit to a
designated enrollment center except in cases in which
there are extenuating circumstances, as determined by
the Secretary, requiring more than one such in-person
visit.’’
PILOT PROGRAM FOR FINGERPRINTING OF MARITIME
WORKERS
Pub. L. 111–281, title VIII, § 808, Oct. 15, 2010, 124 Stat.
2994, provided that:
‘‘(a) IN GENERAL.—Within 180 days after the date of
enactment of this Act [Oct. 15, 2010], the Secretary of
Homeland Security shall establish procedures providing for an individual who is required to be fingerprinted
for purposes of obtaining a transportation security card
under section 70105 of title 46, United States Code, the
ability to be fingerprinted at any of not less than 20 facilities operated by or under contract with an agency of
the Department of Homeland Security that fingerprints
the public for the Department. These facilities shall be
in addition to facilities established under section 70105
of title 46, United States Code.
‘‘(b) EXPIRATION.—The requirement made by subsection (a) expires 1 year after the date the Secretary
establishes the facilities required under that subsection.’’

ASSESSMENT OF TRANSPORTATION SECURITY CARD
ENROLLMENT SITES
Pub. L. 111–281, title VIII, § 815, Oct. 15, 2010, 124 Stat.
2999, provided that:
‘‘(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act [Oct. 15, 2010], the
Secretary of the department in which the Coast Guard
is operating shall prepare an assessment of the enrollment sites for transportation security cards issued
under section 70105 of title 46, United States Code, including—
‘‘(1) the feasibility of keeping those enrollment
sites open after the date of enactment of this Act;
and
‘‘(2) the quality of customer service, including the
periods of time individuals are kept on hold on the
telephone, whether appointments are kept, and processing times for applications.
‘‘(b) TIMELINES AND BENCHMARKS.—The Secretary
shall develop timelines and benchmarks for implementing the findings of the assessment as the Secretary
deems necessary.’’
RECEIPT OF CARDS
Pub. L. 111–281, title VIII, § 818(b), Oct. 15, 2010, 124
Stat. 3000, provided that:
‘‘(1) REPORT BY COMPTROLLER GENERAL.—Within 180
days after the date of enactment of this Act [Oct. 15,
2010], the Comptroller General of the United States
shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
a report assessing the costs, technical feasibility, and
security measures associated with implementing procedures to deliver a transportation security card to an
approved applicant’s place of residence in a secure
manner or to allow an approved applicant to receive
the card at an enrollment center of the individual’s
choosing.
‘‘(2) PROCESS FOR ALTERNATIVE MEANS OF RECEIPT.—If
the Comptroller General finds in the final report under
paragraph (1) that it is feasible for a transportation security card to be sent to an approved applicant’s place
of residence in a secure manner, the Secretary shall,
within 1 year after the date of issuance of the final report by the Comptroller General, implement a secure
process to permit an individual approved for a transportation security card to receive the card at the applicant’s place of residence or at the enrollment center of
the individual’s choosing. The individual shall be responsible for any additional cost associated with the
secure delivery of a transportation security card.’’
PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO PERSONS CONVICTED OF CERTAIN
FELONIES
Pub. L. 109–347, title I, § 106, Oct. 13, 2006, 120 Stat.
1891, provided that: ‘‘The Secretary [of Homeland Security], in issuing a final rule pursuant to section 70105 of
title 46, United States Code, shall provide for the disqualification of individuals who have been found guilty
or have been found not guilty by reason of insanity of
a felony, involving—
‘‘(1) treason, or conspiracy to commit treason;
‘‘(2) espionage, or conspiracy to commit espionage;
‘‘(3) sedition, or conspiracy to commit sedition; or
‘‘(4) a crime listed in chapter 113B of title 18, United
States Code, a comparable State law, or conspiracy
to commit such crime.’’

§ 70106. Deployable, specialized forces
(a) ESTABLISHMENT.—
(1) IN GENERAL.—To enhance the domestic
maritime security capability of the United
States, the Secretary shall establish deployable specialized forces of varying capabilities
as are needed to safeguard the public and pro-

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tect vessels, harbors, ports, facilities, and
cargo in waters subject to the jurisdiction of
the United States from destruction, loss or injury from crime, or sabotage due to terrorist
activity, and to respond to such activity in accordance with the transportation security
plans developed under section 70103.
(2) ENHANCED TEAMS.—Such specialized
forces shall include no less than two enhanced
teams to serve as deployable forces capable of
combating terrorism, engaging in interdiction,
law enforcement, and advanced tactical maritime security operations to address known or
potentially armed security threats (including
non-compliant actors at sea), and participating in homeland security, homeland defense,
and counterterrorism exercises in the maritime environment.
(b) MISSION.—The combined force of the specialized forces established under subsection (a)
shall be trained, equipped, and capable of being
deployed to—
(1) deter, protect against, and rapidly respond to threats of maritime terrorism;
(2) conduct maritime operations to protect
against and disrupt illegal use, access to, or
proliferation of weapons of mass destruction;
(3) enforce moving or fixed safety or security
zones established pursuant to law;
(4) conduct high speed intercepts;
(5) board, search, and seize any article or
thing on or at, respectively, a vessel or facility found to present a risk to the vessel or facility, or to a port;
(6) rapidly deploy to supplement United
States armed forces domestically or overseas;
(7) respond to criminal or terrorist acts so as
to minimize, insofar as possible, the disruption caused by such acts;
(8) assist with facility vulnerability assessments required under this chapter; and
(9) carry out any other missions of the Coast
Guard as are assigned to it by the Secretary.
(c) MINIMIZATION OF RESPONSE TIMES.—The enhanced teams established under subsection (a)(2)
shall, to the extent practicable, be stationed in
such a way so as to minimize the response time
to maritime terrorist threats and potential or
actual transportation security incidents.
(d) COORDINATION WITH OTHER AGENCIES.—To
the maximum extent feasible, the combined
force of the specialized forces established under
subsection (a) shall coordinate their activities
with other Federal, State, and local law enforcement and emergency response agencies.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2074; amended Pub. L. 109–241, title
III, § 305, July 11, 2006, 120 Stat. 528; Pub. L.
111–281, title VIII, § 804(a), Oct. 15, 2010, 124 Stat.
2990.)
AMENDMENTS
2010—Pub. L. 111–281 amended section generally. Prior
to amendment, section related to maritime safety and
security teams.
2006—Subsec. (b)(8). Pub. L. 109–241 substituted ‘‘any
other missions of the Coast Guard’’ for ‘‘other security
missions’’.
COAST GUARD DETECTION CANINE TEAM PROGRAM
EXPANSION
Pub. L. 111–281, title VIII, § 805, Oct. 15, 2010, 124 Stat.
2991, provided that:

Page 440

‘‘(a) DEFINITIONS.—For purposes of this section:
‘‘(1) CANINE DETECTION TEAM.—The term ‘detection
canine team’ means a canine and a canine handler
that are trained to detect narcotics or explosives, or
other threats as defined by the Secretary.
‘‘(2) SECRETARY.—The term ‘Secretary’ means the
Secretary of Homeland Security.
‘‘(b) DETECTION CANINE TEAMS.—
‘‘(1) INCREASED CAPACITY.—Not later than 1 year
after the date of enactment of this Act [Oct. 15, 2010],
and subject to the availability of appropriations, the
Secretary shall—
‘‘(A) begin to increase the number of detection canine teams certified by the Coast Guard for the purposes of maritime-related security by no fewer than
10 canine teams annually through fiscal year 2012;
and
‘‘(B) encourage owners and operators of port facilities, passenger cruise liners, oceangoing cargo
vessels, and other vessels identified by the Secretary to strengthen security through the use of
highly trained detection canine teams.
‘‘(2) CANINE PROCUREMENT.—The Secretary, acting
through the Commandant of the Coast Guard, shall
procure detection canine teams as efficiently as possible, including, to the greatest extent possible,
through increased domestic breeding, while meeting
the performance needs and criteria established by the
Commandant.
‘‘(c) DEPLOYMENT.—The Secretary shall prioritize deployment of the additional canine teams to ports based
on risk, consistent with the Security and Accountability For Every Port Act of 2006 (Public Law 109–347) [see
Tables for classification].’’

§ 70107. Grants
(a) IN GENERAL.—The Secretary shall establish
a grant program for the allocation of funds
based on risk to implement Area Maritime
Transportation Security Plans and facility security plans among port authorities, facility operators, and State and local government agencies
required to provide port security services and to
train law enforcement personnel under section
70132 of this title. Before awarding a grant under
the program, the Secretary shall provide for review and comment by the appropriate Federal
Maritime Security Coordinators and the Maritime Administrator. In administering the grant
program, the Secretary shall take into account
national economic, energy, and strategic defense
concerns based upon the most current risk assessments available.
(b) ELIGIBLE COSTS.—The following costs of
funding the correction of Coast Guard identified
vulnerabilities in port security and ensuring
compliance with Area Maritime Transportation
Security Plans and facility security plans are eligible to be funded:
(1) Salary, benefits, overtime compensation,
retirement contributions, and other costs of
additional Coast Guard mandated security
personnel.
(2) The cost of acquisition, operation, and
maintenance of security equipment or facilities to be used for security monitoring and recording, security gates and fencing, marine
barriers for designated security zones, security-related lighting systems, remote surveillance, concealed video systems, security vessels, and other security-related infrastructure
or equipment that contributes to the overall
security of passengers, cargo, or crewmembers. Grants awarded under this section

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may not be used to construct buildings or
other physical facilities, except those which
are constructed under terms and conditions
consistent with the requirements under section 611(j)(8) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5121(j)(8) 1 ), including those facilities in
support of this paragraph, and specifically approved by the Secretary. Costs eligible for
funding under this paragraph may not exceed
the greater of—
(A) $1,000,000 per project; or
(B) such greater amount as may be approved by the Secretary, which may not exceed 10 percent of the total amount of the
grant.
(3) The cost of screening equipment, including equipment that detects weapons of mass
destruction and conventional explosives, and
of testing and evaluating such equipment, to
certify secure systems of transportation.
(4) The cost of conducting vulnerability assessments to evaluate and make recommendations with respect to security.
(5) The cost of conducting exercises or training for prevention and detection of, preparedness for, response to, or recovery from terrorist attacks.
(6) The cost of establishing or enhancing
mechanisms for sharing terrorism threat information and ensuring that the mechanisms
are interoperable with Federal, State, and
local agencies.
(7) The cost of equipment (including software) required to receive, transmit, handle,
and store classified information.
(8) The cost of training law enforcement personnel—
(A) to enforce a security zone under section 70132 of this title; or
(B) assist in the enforcement of a security
zone.
(c) MATCHING REQUIREMENTS.—
(1) 75-PERCENT FEDERAL FUNDING.—Except as
provided in paragraph (2), Federal funds for
any eligible project under this section shall
not exceed 75 percent of the total cost of such
project.
(2) EXCEPTIONS.—
(A) SMALL PROJECTS.—There are no matching requirements for grants under subsection
(a) for projects costing not more than
$25,000.
(B) HIGHER LEVEL OF SUPPORT REQUIRED.—
If the Secretary determines that a proposed
project merits support and cannot be undertaken without a higher rate of Federal support, then the Secretary may approve grants
under this section with a matching requirement other than that specified in paragraph
(1).
(C) TRAINING.—There are no matching requirements for grants under subsection (a)
to train law enforcement agency personnel
in the enforcement of security zones under
section 70132 of this title or in assisting in
the enforcement of such security zones.
(d) COORDINATION AND
MENTS.—The
Secretary
1 So

COOPERATION AGREEshall ensure that

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

§ 70107

projects paid for, or the costs of which are reimbursed, under this section within any area or
port are coordinated with other projects, and
may require cooperative agreements among
users of the port and port facilities with respect
to projects funded under this section.
(e) MULTIPLE-YEAR PROJECTS.—
(1) LETTERS OF INTENT.—The Secretary may
execute letters of intent to commit funding to
such authorities, operators, and agencies.
(2) LIMITATION.—Not more than 20 percent of
the grant funds awarded under this subsection
in any fiscal year may be awarded for projects
that span multiple years.
(f) CONSISTENCY WITH PLANS.—The Secretary
shall ensure that each grant awarded under subsection (e)—
(1) is used to supplement and support, in a
consistent and coordinated manner, the applicable Area Maritime Transportation Security
Plan; and
(2) is coordinated with any applicable State
or Urban Area Homeland Security Plan.
(g) APPLICATIONS.—Any entity subject to an
Area Maritime Transportation Security Plan
may submit an application for a grant under
this section, at such time, in such form, and
containing such information and assurances as
the Secretary may require.
(h) REPORTS.—Not later than 180 days after the
date of the enactment of the SAFE Port Act, the
Secretary, acting through the Commandant of
the Coast Guard, shall submit a report to Congress, in a secure format, describing the methodology used to allocate port security grant
funds on the basis of risk.
(i) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary shall require
eligible port authorities, facility operators,
and State and local agencies required to provide security services, to submit an application, at such time, in such form, and containing such information and assurances as the
Secretary may require, and shall include appropriate application, review, and delivery
mechanisms.
(2) MINIMUM STANDARDS FOR PAYMENT OR REIMBURSEMENT.—Each application for payment
or reimbursement of eligible costs shall include, at a minimum, the following:
(A) A copy of the applicable Area Maritime
Transportation Security Plan or facility security plan.
(B) A comprehensive description of the
need for the project, and a statement of the
project’s relationship to the applicable Area
Maritime Transportation Security Plan or
facility security plan.
(C) A determination by the Captain of the
Port that the security project addresses or
corrects Coast Guard identified vulnerabilities in security and ensures compliance with
Area Maritime Transportation Security
Plans and facility security plans.
(3) PROCEDURAL SAFEGUARDS.—The Secretary
shall by regulation establish appropriate accounting, reporting, and review procedures to
ensure that amounts paid or reimbursed under
this section are used for the purposes for
which they were made available, all expendi-

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TITLE 46—SHIPPING

tures are properly accounted for, and amounts
not used for such purposes and amounts not
obligated or expended are recovered.
(4) PROJECT APPROVAL REQUIRED.—The Secretary may approve an application for the
payment or reimbursement of costs under this
section only if the Secretary is satisfied that—
(A) the project is consistent with Coast
Guard vulnerability assessments and ensures
compliance with Area Maritime Transportation Security Plans and facility security
plans;
(B) enough money is available to pay the
project costs that will not be reimbursed by
the United States Government under this
section;
(C) the project will be completed without
unreasonable delay; and
(D) the recipient has authority to carry
out the project as proposed.
(j) AUDITS AND EXAMINATIONS.—A recipient of
amounts made available under this section shall
keep such records as the Secretary may require,
and make them available for review and audit
by the Secretary, the Comptroller General of
the United States, or the Inspector General of
the department in which the Coast Guard is operating.
(k) REPORTS ON SECURITY FUNDING AND COMPLIANCE.—
(1) INITIAL REPORT.—Within 6 months after
the date of enactment of this Act, the Secretary shall transmit an unclassified report to
the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on Transportation
and Infrastructure, that—
(A) includes a funding proposal and rationale to fund the correction of Coast Guard
identified vulnerabilities in port security
and to help ensure compliance with Area
Maritime Transportation Security Plans and
facility security plans for fiscal years 2003
through 2008; and
(B) includes projected funding proposals
for fiscal years 2003 through 2008 for the following security programs:
(i) The Sea Marshall program.
(ii) The Automated Identification System and a system of polling vessels on
entry into United States waters.
(iii) The maritime intelligence requirements in this Act.
(iv) The issuance of transportation security cards required by section 70105.
(v) The program of certifying secure systems of transportation.
(2) OTHER EXPENDITURES.—The Secretary
shall, as part of the report required by paragraph (1) report, in coordination with the
Commissioner of Customs, on projected expenditures of screening and detection equipment and on cargo security programs over fiscal years 2003 through 2008.
(3) ANNUAL REPORTS.—Annually, beginning 1
year after transmittal of the report required
by paragraph (1) until October 1, 2009, the Secretary shall transmit an unclassified annual
report to the Senate Committee on Commerce,
Science, and Transportation and the House of

Page 442

Representatives Committee on Transportation
and Infrastructure, on progress in achieving
compliance with the correction of Coast Guard
identified vulnerabilities in port security and
compliance with Area Maritime Transportation Security Plans and facility security
plans that—
(A) identifies any modifications necessary
in funding to ensure the correction of Coast
Guard identified vulnerabilities and ensure
compliance with Area Maritime Transportation Security Plans and facility security
plans;
(B) includes an assessment of progress in
implementing the grant program established
by subsection (a);
(C) includes any recommendations the Secretary may make to improve these programs; and
(D) with respect to a port selected by the
Secretary, describes progress and enhancements of applicable Area Maritime Transportation Security Plans and facility security plans and how the Maritime Transportation Security Act of 2002 has improved security at that port.
(l) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated $400,000,000 for
each of the fiscal years 2007 through 2013 to
carry out this section.
(m) INVESTIGATIONS.—
(1) IN GENERAL.—The Secretary shall conduct investigations, fund pilot programs, and
award grants, to examine or develop—
(A) methods or programs to increase the
ability to target for inspection vessels,
cargo, crewmembers, or passengers that will
arrive or have arrived at any port or place in
the United States;
(B) equipment to detect accurately explosives, chemical, or biological agents that
could be used in a transportation security
incident against the United States;
(C) equipment to detect accurately nuclear
or radiological materials, including scintillation-based detection equipment capable
of signalling the presence of nuclear or radiological materials;
(D) improved tags and seals designed for
use on shipping containers to track the
transportation of the merchandise in such
containers, including sensors that are able
to track a container throughout its entire
supply chain, detect hazardous and radioactive materials within that container, and
transmit that information to the appropriate law enforcement authorities;
(E) tools, including the use of satellite
tracking systems, to increase the awareness
of maritime areas and to identify potential
transportation security incidents that could
have an impact on facilities, vessels, and infrastructure on or adjacent to navigable
waterways, including underwater access;
(F) tools to mitigate the consequences of a
transportation security incident on, adjacent to, or under navigable waters of the
United States, including sensor equipment,
and other tools to help coordinate effective
response to a transportation security incident;

Page 443

(G) applications to apply existing technologies from other areas or industries to increase overall port security;
(H) improved container design, including
blast-resistant containers; and
(I) methods to improve security and sustainability of port facilities in the event of
a maritime transportation security incident,
including specialized inspection facilities.
(2) IMPLEMENTATION OF TECHNOLOGY.—
(A) IN GENERAL.—In conjunction with ongoing efforts to improve security at United
States ports, the Secretary may conduct
pilot projects at United States ports to test
the effectiveness and applicability of new
port security projects, including—
(i) testing of new detection and screening technologies;
(ii) projects to protect United States
ports and infrastructure on or adjacent to
the navigable waters of the United States,
including underwater access; and
(iii) tools for responding to a transportation security incident at United States
ports and infrastructure on or adjacent to
the navigable waters of the United States,
including underwater access.
(B) AUTHORIZATION OF APPROPRIATIONS.—
There is authorized to be appropriated to the
Secretary $35,000,000 for each of fiscal years
2005 through 2009 to carry out this subsection.
(3) NATIONAL PORT SECURITY CENTERS.—
(A) IN GENERAL.—The Secretary may make
grants or enter into cooperative agreements
with eligible nonprofit institutions of higher
learning to conduct investigations in collaboration with ports and the maritime
transportation industry focused on enhancing security of the Nation’s ports in accordance with this subsection through National
Port Security Centers.
(B) APPLICATIONS.—To be eligible to receive a grant under this paragraph, a nonprofit institution of higher learning, or a
consortium of such institutions, shall submit an application to the Secretary in such
form and containing such information as the
Secretary may require.
(C) COMPETITIVE SELECTION PROCESS.—The
Secretary shall select grant recipients under
this paragraph through a competitive process on the basis of the following criteria:
(i) Whether the applicant can demonstrate that personnel, laboratory, and
organizational resources will be available
to the applicant to carry out the investigations authorized in this paragraph.
(ii) The applicant’s capability to provide
leadership in making national and regional contributions to the solution of immediate and long-range port and maritime
transportation security and risk mitigation problems.
(iii) Whether the applicant can demonstrate that is 2 has an established, nationally recognized program in disciplines
2 So

§ 70107

TITLE 46—SHIPPING

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

that contribute directly to maritime
transportation safety and education.
(iv) Whether the applicant’s investigations will involve major United States
ports on the East Coast, the Gulf Coast,
and the West Coast, and Federal agencies
and other entities with expertise in port
and maritime transportation.
(v) Whether the applicant has a strategic
plan for carrying out the proposed investigations under the grant.
(4) ADMINISTRATIVE PROVISIONS.—
(A) NO DUPLICATION OF EFFORT.—Before
making any grant, the Secretary shall coordinate with other Federal agencies to ensure
the grant will not duplicate work already
being conducted with Federal funding.
(B) ACCOUNTING.—The Secretary shall by
regulation establish accounting, reporting,
and review procedures to ensure that funds
made available under paragraph (1) are used
for the purpose for which they were made
available, that all expenditures are properly
accounted for, and that amounts not used
for such purposes and amounts not expended
are recovered.
(C) RECORDKEEPING.—Recipients of grants
shall keep all records related to expenditures and obligations of funds provided
under paragraph (1) and make them available upon request to the Inspector General
of the department in which the Coast Guard
is operating and the Secretary for audit and
examination.
(5) ANNUAL REVIEW AND REPORT.—The Inspector General of the department in which the
Coast Guard is operating shall annually review the programs established under this subsection to ensure that the expenditures and
obligations of funds are consistent with the
purposes for which they are provided, and report the findings to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2075; amended Pub. L. 108–293, title
VIII, §§ 804(a), (b), 808(a), Aug. 9, 2004, 118 Stat.
1081, 1083; Pub. L. 109–347, title I, § 112, Oct. 13,
2006, 120 Stat. 1894; Pub. L. 111–281, title VIII,
§ 828(b), Oct. 15, 2010, 124 Stat. 3007.)
REFERENCES IN TEXT
The date of the enactment of the SAFE Port Act, referred to in subsec. (h), is the date of enactment of Pub.
L. 109–347, which was approved Oct. 13, 2006.
The date of enactment of this Act, referred to in subsec. (k)(1), probably means the date of enactment of
Pub. L. 107–295, which enacted this section and was approved Nov. 25, 2002.
This Act, referred to in subsec. (k)(1)(B)(iii), probably
means the Maritime Transportation Security Act of
2002, which enacted this subtitle, see note below.
The Maritime Transportation Security Act of 2002,
referred to in subsec. (k)(3)(D), is Pub. L. 107–295, Nov.
25, 2002, 116 Stat. 2064. For complete classification of
this Act to the Code, see Tables.
AMENDMENTS
2010—Subsec. (a). Pub. L. 111–281, § 828(b)(1), substituted ‘‘services and to train law enforcement person-

§ 70107A

TITLE 46—SHIPPING

nel under section 70132 of this title.’’ for ‘‘services.’’ in
first sentence.
Subsec. (b)(8). Pub. L. 111–281, § 828(b)(2), added par.(8).
Subsec. (c)(2)(C). Pub. L. 111–281, § 828(b)(3), added subpar. (C).
Subsec. (l). Pub. L. 111–281, § 828(b)(4), substituted
‘‘2013’’ for ‘‘2011’’.
2006—Subsec. (a). Pub. L. 109–347, § 112(a), (e), substituted ‘‘for the allocation of funds based on risk’’ for
‘‘for making a fair and equitable allocation of funds’’
and ‘‘national economic, energy, and strategic defense
concerns based upon the most current risk assessments
available’’ for ‘‘national economic and strategic defense concerns’’.
Subsec. (b)(2). Pub. L. 109–347, § 112(b)(1), inserted at
end ‘‘Grants awarded under this section may not be
used to construct buildings or other physical facilities,
except those which are constructed under terms and
conditions consistent with the requirements under section 611(j)(8) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121(j)(8)), including those facilities in support of this paragraph,
and specifically approved by the Secretary. Costs eligible for funding under this paragraph may not exceed
the greater of—’’ and subpars. (A) and (B).
Subsec. (b)(5) to (7). Pub. L. 109–347, § 112(b)(2), added
pars. (5) to (7).
Subsecs. (e) to (i). Pub. L. 109–347, § 112(c)(1), added
subsecs. (e) to (h). Former subsecs. (e) to (i) redesignated (i) to (m), respectively.
Subsec. (i)(1). Pub. L. 109–347, § 112(c)(2), substituted
‘‘Secretary shall require’’ for ‘‘program shall require’’.
Subsecs. (j), (k). Pub. L. 109–347, § 112(c)(1), redesignated subsecs. (f) and (g) as (j) and (k), respectively.
Subsec. (l). Pub. L. 109–347, § 112(d), amended subsec.
(l) generally. Prior to amendment, subsec. (l) read as
follows: ‘‘There are authorized to be appropriated to
the Secretary for each of fiscal years 2003 through 2008
such sums as are necessary to carry out subsections (a)
through (g).’’
Pub. L. 109–347, § 112(c)(1), redesignated subsec. (h) as
(l).
Subsec. (m). Pub. L. 109–347, § 112(c)(1), redesignated
subsec. (i) as (m).
2004—Subsec. (a). Pub. L. 108–293, § 804(a), reenacted
heading without change and amended text of subsec. (a)
generally. Prior to amendment, text read as follows:
‘‘The Secretary of Transportation, acting through the
Maritime Administrator, shall establish a grant program for making a fair and equitable allocation among
port authorities, facility operators, and State and local
agencies required to provide security services of funds
to implement Area Maritime Transportation Security
Plans and facility security plans. The program shall
take into account national economic and strategic defense considerations.’’
Subsec. (c)(2)(B). Pub. L. 108–293, § 804(b)(1), substituted ‘‘Secretary determines’’ for ‘‘Secretary of
Transportation determines’’.
Subsecs. (d), (e). Pub. L. 108–293, § 804(b)(1), substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’
wherever appearing.
Subsec. (f). Pub. L. 108–293, § 804(b), substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’ in two
places and ‘‘department in which the Coast Guard is operating’’ for ‘‘Department of Transportation’’.
Subsecs. (g), (h). Pub. L. 108–293, § 804(b)(1), substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’
wherever appearing.
Subsec. (i). Pub. L. 108–293, § 808(a), added subsec. (i)
and struck out former subsec. (i) which related to research and development grants for port security.
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–293, title VIII, § 804(c), Aug. 9, 2004, 118
Stat. 1081, provided that: ‘‘Subsections (a) and (b)
[amending this section]—
‘‘(1) shall take effect October 1, 2004; and
‘‘(2) shall not affect any grant made before that
date.’’

Page 444
TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.

§ 70107A. Interagency operational centers for
port security
(a) IN GENERAL.—The Secretary shall establish
interagency operational centers for port security at all high-priority ports not later than 3
years after the date of the enactment of the
SAFE Port Act.
(b) CHARACTERISTICS.—The interagency operational centers established under this section
shall—
(1)(A) include—
(i) information management systems, and
(ii) sensor management systems; and
(B) where practicable, provide for the physical co-location of the Coast Guard and, as the
Secretary determines appropriate, representatives of the United States Customs and Border
Protection, the United States Immigration
and Customs Enforcement, the Transportation
Security Administration, the Department of
Justice, the Department of Defense, and other
Federal agencies, State and local law enforcement or port security personnel, members of
the Area Maritime Security Committee, and
other public and private sector stakeholders
adversely affected by a transportation security incident or transportation disruption;
(2) utilize, as appropriate, the compositional
and operational characteristics of existing
centers;
(3) be organized to fit the security needs, requirements, and resources of the individual
port area at which each is operating; and
(4) be incorporated in the implementation
and administration of—
(A) maritime transportation security
plans developed under section 70103;
(B) maritime intelligence activities under
section 70113 and information sharing activities consistent with section 1016 of the National Security Intelligence Reform Act of
2004 (6 U.S.C. 485) and the Homeland Security Information Sharing Act (6 U.S.C. 481 et
seq.);
(C) short- and long-range vessel tracking
under sections 70114 and 70115;
(D) protocols under section 201(b)(10) of the
SAFE Port Act;
(E) the transportation security incident
response plans required by section 70104; and
(F) other activities, as determined by the
Secretary.

Page 445

§ 70108

TITLE 46—SHIPPING

(c) SECURITY CLEARANCES.—The Secretary
shall sponsor and expedite individuals participating in interagency operational centers in
gaining or maintaining their security clearances. Through the Captain of the Port, the Secretary may identify key individuals who should
participate. The port or other entities may appeal to the Captain of the Port for sponsorship.
(d) SECURITY INCIDENTS.—During a transportation security incident on or adjacent to waters
subject to the jurisdiction of the United States,
the Coast Guard Captain of the Port designated
by the Commandant of the Coast Guard in a
maritime security command center described in
subsection (a) shall act as the incident commander, unless otherwise directed by the President.
(e) DEPLOYMENT OF INTEROPERABLE COMMUNICATIONS EQUIPMENT AT INTERAGENCY OPERATIONAL CENTERS.—The Secretary, subject to
the availability of appropriations, shall ensure
that interoperable communications technology
is deployed at all interagency operational centers established under subsection (a) and that
such technology and equipment has been tested
in live operational environments before deployment.
(f) RULE OF CONSTRUCTION.—Nothing in this
section shall be construed to affect the normal
command and control procedures for operational
entities in the Department, unless so directed
by the Secretary.
(g) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated $60,000,000 for
each of the fiscal years 2007 through 2012 to
carry out this section.
(Added Pub. L. 109–347, title I, § 108(a), Oct. 13,
2006, 120 Stat. 1892; amended Pub. L. 111–281, title
VIII, §§ 803, 824, Oct. 15, 2010, 124 Stat. 2990, 3003.)
REFERENCES IN TEXT
The date of the enactment of the SAFE Port Act, referred to in subsec. (a), is the date of enactment of Pub.
L. 109–347, which was approved Oct. 13, 2006.
The Homeland Security Information Sharing Act, referred to in subsec. (b)(4)(B), is subtitle I of title VIII
of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2252, which is
classified principally to part I (§ 481 et seq.) of subchapter VIII of chapter 1 of Title 6, Domestic Security.
For complete classification of this Act to the Code, see
section 481 of Title 6 and Tables.
Section 201(b)(10) of the SAFE Port Act, referred to in
subsec. (b)(4)(D), is classified to section 941(b)(10) of
Title 6, Domestic Security.
AMENDMENTS
2010—Subsec. (b)(1). Pub. L. 111–281, § 803(3), added par.
(1). Former par. (1) redesignated (2).
Subsec. (b)(2). Pub. L. 111–281, § 803(2), (4), redesignated former par. (1) as (2), substituted ‘‘existing centers;’’ for ‘‘existing centers, including—’’ and struck
out subpars. (A) and (B) which read as follows:
‘‘(A) the pilot project interagency operational centers
for port security in Miami, Florida; Norfolk/Hampton
Roads, Virginia; Charleston, South Carolina; and San
Diego, California; and
‘‘(B) the virtual operation center of the Port of New
York and New Jersey;’’.
Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 111–281, § 803(1), (2), (5), redesignated former par. (2) as (3), inserted ‘‘and’’ at end, and
struck out former par. (3) which read as follows: ‘‘in addition to the Coast Guard, provide, as the Secretary determines appropriate, for participation by representa-

tives of the United States Customs and Border Protection, the United States Immigration and Customs Enforcement, the Transportation Security Administration, the Department of Justice, the Department of Defense, and other Federal agencies, State and local law
enforcement or port security personnel, members of the
Area Maritime Security Committee, and other public
and private sector stakeholders adversely affected by a
transportation security incident or transportation disruption; and’’.
Subsecs. (e) to (g). Pub. L. 111–281, § 824, added subsec.
(e) and redesignated former subsecs. (e) and (f) as (f)
and (g), respectively.
REPORT REQUIREMENT
Pub. L. 109–347, title I, § 108(b), Oct. 13, 2006, 120 Stat.
1893, provided that: ‘‘Nothing in this section [enacting
this section] or the amendments made by this section
relieves the Commandant of the Coast Guard from complying with the requirements of section 807 of the Coast
Guard and Maritime Transportation Act of 2004 (Public
Law 108–293; 118 Stat. 1082). The Commandant shall utilize the information developed in making the report required by that section in carrying out the requirements
of this section.’’

§ 70108. Foreign port assessment
(a) IN GENERAL.—The Secretary shall assess
the effectiveness of the antiterrorism measures
maintained at—
(1) a foreign port—
(A) served by vessels documented under
chapter 121 of this title; or
(B) from which foreign vessels depart on a
voyage to the United States; and
(2) any other foreign port the Secretary believes poses a security risk to international
maritime commerce.
(b) PROCEDURES.—In conducting an assessment
under subsection (a), the Secretary shall assess
the effectiveness of—
(1) screening of containerized and other
cargo and baggage;
(2) security measures to restrict access to
cargo, vessels, and dockside property to authorized personnel only;
(3) additional security on board vessels;
(4) licensing or certification of compliance
with appropriate security standards;
(5) the security management program of the
foreign port; and
(6) other appropriate measures to deter terrorism against the United States.
(c) CONSULTATION.—In carrying out this section, the Secretary shall consult with—
(1) the Secretary of Defense and the Secretary of State—
(A) on the terrorist threat that exists in
each country involved; and
(B) to identify foreign ports that pose a
high risk of introducing terrorism to international maritime commerce;
(2) appropriate authorities of foreign governments; and
(3) operators of vessels.
(d) PERIODIC REASSESSMENT.—The Secretary,
acting through the Commandant of the Coast
Guard, shall reassess the effectiveness of antiterrorism measures maintained at ports as described under subsection (a) and of procedures
described in subsection (b) not less than once
every 3 years.

§ 70109

TITLE 46—SHIPPING

(e) LIMITATION ON STATUTORY CONSTRUCTION.—
The absence of an inspection of a foreign port
shall not bar the Secretary from making a finding that a port in a foreign country does not
maintain effective antiterrorism measures.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2079; amended Pub. L. 109–347, title
II, § 234, Oct. 13, 2006, 120 Stat. 1918; Pub. L.
111–281, title VIII, § 806(a)(1), (c)(2)(B), Oct. 15,
2010, 124 Stat. 2992, 2993.)
AMENDMENTS
2010—Subsec. (c)(2) to (4). Pub. L. 111–281,
§ 806(c)(2)(B), redesignated pars. (3) and (4) as (2) and (3),
respectively, and struck out former par. (2) which read
as follows: ‘‘the Secretary of the Treasury;’’.
Subsec. (e). Pub. L. 111–281, § 806(a)(1), added subsec.
(e).
2006—Subsec. (d). Pub. L. 109–347 added subsec. (d).

§ 70109. Notifying foreign authorities
(a) IN GENERAL.—Unless the Secretary finds
that a port in a foreign country maintains effective antiterrorism measures, the Secretary shall
notify the appropriate authorities of the government of the foreign country of the finding and
recommend the steps necessary to improve the
antiterrorism measures in use at the port.
(b) TRAINING PROGRAM.—The Secretary, in cooperation with the Secretary of State, shall operate a port security training program for ports
in foreign countries that are found under section
70108 to lack effective antiterrorism measures.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2080; amended Pub. L. 111–281, title
VIII, § 806(a)(2), Oct. 15, 2010, 124 Stat. 2992.)
AMENDMENTS
2010—Subsec. (a). Pub. L. 111–281 substituted ‘‘Unless
the Secretary finds that a port in a foreign country
maintains effective antiterrorism measures,’’ for ‘‘If
the Secretary, after conducting an assessment under
section 70108, finds that a port in a foreign country does
not maintain effective antiterrorism measures,’’.

§ 70110. Actions and assistance for foreign ports
or facilities and United States territories
(a) IN GENERAL.—Unless the Secretary finds
that a foreign port or facility maintains effective antiterrorism measures, the Secretary—
(1) may prescribe conditions of entry into
the United States for any vessel arriving from
that port or facility, or any vessel carrying
cargo or passengers originating from or transshipped through that port or facility;
(2) may deny entry into the United States to
any vessel that does not meet such conditions;
and
(3) shall provide public notice for passengers
of the ineffective antiterrorism measures.
(b) EFFECTIVE DATE FOR SANCTIONS.—Any action taken by the Secretary under subsection (a)
for a particular port or facility shall take effect—
(1) 90 days after the government of the foreign country with jurisdiction over or control
of that port or facility is notified under section 70109 unless the Secretary finds that the
government has brought the antiterrorism
measures at the port or facility up to the secu-

Page 446

rity level the Secretary used in making an assessment under section 70108 before the end of
that 90-day period; or
(2) immediately upon the finding of the Secretary under subsection (a) if the Secretary
finds, after consulting with the Secretary of
State, that a condition exists that threatens
the safety or security of passengers, vessels, or
crew traveling to or from the port or facility.
(c) STATE DEPARTMENT TO BE NOTIFIED.—The
Secretary immediately shall notify the Secretary of State of a finding that a port or facility does not maintain effective antiterrorism
measures.
(d) ACTION CANCELED.—An action required
under this section is no longer required if the
Secretary decides that effective antiterrorism
measures are maintained at the port or facility.
(e) ASSISTANCE FOR FOREIGN PORTS, FACILITIES, AND UNITED STATES TERRITORIES.—
(1) IN GENERAL.—The Secretary, in consultation with the Secretary of Transportation, the
Secretary of State, and the Secretary of Energy, shall identify assistance programs that
could facilitate implementation of port or facility security antiterrorism measures in foreign countries and territories of the United
States. The Secretary shall establish a strategic plan to utilize those assistance programs
to assist ports and facilities that are found by
the Secretary under subsection (a) not to
maintain effective antiterrorism measures in
the implementation of port or facility security
antiterrorism measures.
(2) CARIBBEAN BASIN.—The Secretary, in coordination with the Secretary of State and in
consultation with the Organization of American States and the Commandant of the Coast
Guard, shall place particular emphasis on utilizing programs to facilitate the implementation of port or facility security antiterrorism
measures at the ports located in the Caribbean
Basin, as such ports pose unique security and
safety threats to the United States due to—
(A) the strategic location of such ports between South America and the United States;
(B) the relative openness of such ports; and
(C) the significant number of shipments of
narcotics to the United States that are
moved through such ports.
(f) COAST GUARD ASSISTANCE PROGRAM.—
(1) IN GENERAL.—The Secretary may lend,
lease, donate, or otherwise provide equipment,
and provide technical training and support, to
the owner or operator of a foreign port or facility—
(A) to assist in bringing the port or facility into compliance with applicable International Ship and Port Facility Code standards; and
(B) to assist the port or facility in correcting deficiencies identified in periodic port
assessments and reassessments required
under section 70108 of this title.
(2) CONDITIONS.—The Secretary—
(A) may provide such assistance based
upon an assessment of the risks to the security of the United States and the inability of
the owner or operator of the port or facility
to bring the port or facility into compliance

Page 447

§ 70112

TITLE 46—SHIPPING

with those standards and to maintain compliance with, or exceed, such standards;
(B) may not provide such assistance unless
the port or facility has been subjected to a
comprehensive port security assessment by
the Coast Guard; and
(C) may only lend, lease, or otherwise provide equipment that the Secretary has first
determined is not required by the Coast
Guard for the performance of its missions.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2080; amended Pub. L. 109–347, title
II, § 233(b), Oct. 13, 2006, 120 Stat. 1917; Pub. L.
111–281, title VIII, § 806(a)(3)–(c)(2)(A), Oct. 15,
2010, 124 Stat. 2992, 2993; Pub. L. 111–330, § 1(12),
Dec. 22, 2010, 124 Stat. 3570.)
AMENDMENTS
2010—Pub. L. 111–281, § 806(c)(2)(A)(i), as amended by
Pub. L. 111–330, inserted ‘‘or facilities’’ after ‘‘ports’’ in
section catchline.
Pub. L. 111–281, § 806(c)(2)(A)(ii), inserted ‘‘or facility’’
after ‘‘port’’ wherever appearing except in subsec. (f),
which was added by Pub. L. 111–281, § 806(b), to reflect
the probable intent of Congress.
Subsec. (a). Pub. L. 111–281, § 806(a)(3), substituted
‘‘Unless the Secretary finds that a foreign port maintains effective antiterrorism measures,’’ for ‘‘If the
Secretary finds that a foreign port does not maintain
effective antiterrorism measures,’’.
Subsec. (e). Pub. L. 111–281, § 806(c)(2)(A)(iii), substituted ‘‘Ports, Facilities,’’ for ‘‘Ports’’ in heading.
Subsec. (e)(1). Pub. L. 111–281, § 806(c)(1), substituted
‘‘The Secretary shall establish a strategic plan to utilize those assistance programs to assist ports and facilities that are found by the Secretary under subsection (a) not to maintain effective antiterrorism
measures in the implementation of port security antiterrorism measures.’’ for ‘‘The Secretary shall establish a program to utilize the programs that are capable
of implementing port security antiterrorism measures
at ports in foreign countries and territories of the
United States that the Secretary finds to lack effective
antiterrorism measures.’’
Subsec. (f). Pub. L. 111–281, § 806(b), added subsec. (f).
2006—Pub. L. 109–347, § 233(b)(1), substituted ‘‘Actions
and assistance for foreign ports and United States territories’’ for ‘‘Actions when foreign ports not maintaining effective antiterrorism measures’’ in section catchline.
Subsec. (e). Pub. L. 109–347, § 233(b)(2), added subsec.
(e).
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(12) is effective with the enactment of Pub. L. 111–281.

§ 70111. Enhanced crewmember identification
(a) REQUIREMENT.—Not later than 1 year after
the date of enactment of the SAFE Port Act, the
Secretary, in consultation with the Attorney
General and the Secretary of State, shall require crewmembers on vessels calling at United
States ports to carry and present on demand any
identification that the Secretary decides is necessary.
(b) FORMS AND PROCESS.—Not later than 1 year
after the date of enactment of the SAFE Port
Act, the Secretary, in consultation with the Attorney General and the Secretary of State, shall
establish the proper forms and process that shall
be used for identification and verification of
crewmembers.

(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2080; amended Pub. L. 109–347, title
I, § 110, Oct. 13, 2006, 120 Stat. 1893.)
REFERENCES IN TEXT
The date of enactment of the SAFE Port Act, referred to in subsecs. (a) and (b), is the date of enactment of Pub. L. 109–347, which was approved Oct. 13,
2006.
AMENDMENTS
2006—Subsecs. (a), (b). Pub. L. 109–347 substituted
‘‘Not later than 1 year after the date of enactment of
the SAFE Port Act, the’’ for ‘‘The’’.
INTERNATIONAL SEAFARER IDENTIFICATION
Pub. L. 107–295, title I, § 103, Nov. 25, 2002, 116 Stat.
2084, provided that:
‘‘(a) TREATY INITIATIVE.—The Secretary of the department in which the Coast Guard is operating is encouraged to negotiate an international agreement, or an
amendment to an international agreement, that provides for a uniform, comprehensive, international system of identification for seafarers that will enable the
United States and another country to establish authoritatively the identity of any seafarer aboard a vessel within the jurisdiction, including the territorial waters, of the United States or such other country.
‘‘(b) LEGISLATIVE ALTERNATIVE.—If the Secretary
fails to complete a negotiation process undertaken
under subsection (a) within 24 months after the date of
enactment of this Act [Nov. 25, 2002], the Secretary
shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a draft of legislation that, if
enacted, would establish a uniform, comprehensive system of identification for seafarers.’’
[For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.]

§ 70112. Maritime Security Advisory Committees
(a) ESTABLISHMENT OF COMMITTEES.—(1) The
Secretary shall establish a National Maritime
Security Advisory Committee. The Committee—
(A) may advise, consult with, report to, and
make recommendations to the Secretary on
matters relating to national maritime security matters;
(B) may make available to the Congress recommendations that the Committee makes to
the Secretary; and
(C) shall meet at the call of—
(i) the Secretary, who shall call such a
meeting at least once during each calendar
year; or
(ii) a majority of the Committee.
(2)(A) The Secretary may—
(i) establish an Area Maritime Security Advisory Committee for any port area of the
United States; and
(ii) request such a committee to review the
proposed Area Maritime Transportation Security Plan developed under section 70103(b) and
make recommendations to the Secretary that
the Committee considers appropriate.
(B) A committee established under this paragraph for an area—

§ 70113

TITLE 46—SHIPPING

(i) may advise, consult with, report to, and
make recommendations to the Secretary on
matters relating to maritime security in that
area;
(ii) may make available to the Congress recommendations that the committee makes to
the Secretary; and
(iii) shall meet at the call of—
(I) the Secretary, who shall call such a
meeting at least once during each calendar
year; or
(II) a majority of the committee.
(b) MEMBERSHIP.—(1) Each of the committees
established under subsection (a) shall consist of
not less than 7 members appointed by the Secretary, each of whom has at least 5 years practical experience in maritime security operations.
(2) The term of each member shall be for a period of not more than 5 years, specified by the
Secretary.
(3) Before appointing an individual to a position on such a committee, the Secretary shall
publish a notice in the Federal Register soliciting nominations for membership on the committee.
(4) The Secretary may require an individual to
have passed an appropriate security background
examination before appointment to the Committee.
(5)(A) The National Maritime Security Advisory Committee shall be composed of—
(i) at least 1 individual who represents the
interests of the port authorities;
(ii) at least 1 individual who represents the
interests of the facilities owners or operators;
(iii) at least 1 individual who represents the
interests of the terminal owners or operators;
(iv) at least 1 individual who represents the
interests of the vessel owners or operators;
(v) at least 1 individual who represents the
interests of the maritime labor organizations;
(vi) at least 1 individual who represents the
interests of the academic community;
(vii) at least 1 individual who represents the
interests of State or local governments; and
(viii) at least 1 individual who represents the
interests of the maritime industry.
(B) Each Area Maritime Security Advisory
Committee shall be composed of individuals who
represents the interests of the port industry,
terminal operators, port labor organizations,
and other users of the port areas.
(c) CHAIRPERSON AND VICE CHAIRPERSON.—(1)
Each committee established under subsection
(a) shall elect 1 of its members as the Chairman
and 1 of its members as the Vice Chairperson.
(2) The Vice Chairman shall act as Chairman
in the absence or incapacity of the Chairman, or
in the event of a vacancy in the office of the
Chairman.
(d) OBSERVERS.—(1) The Secretary shall, and
the head of any other interested Federal agency
may, designate a representative to participate
as an observer with the Committee.
(2) The Secretary’s designated representative
shall act as the executive secretary of the Committee and shall perform the duties set forth in
section 10(c) of the Federal Advisory Committee
Act (5 U.S.C. App.).

Page 448

(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, 2020; and
(B) does not apply to Area Maritime Security Advisory Committees established under
this section.
(2) Not later than September 30, 2018, 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.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2081; amended Pub. L. 108–293, title
VIII, § 806, Aug. 9, 2004, 118 Stat. 1082; Pub. L.
109–241, title IX, § 901(m), July 11, 2006, 120 Stat.
565; Pub. L. 111–281, title VIII, § 810, Oct. 15, 2010,
124 Stat. 2995.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsecs. (d)(2) and (g)(1), is Pub. L. 92–463, Oct. 6, 1972,
86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
AMENDMENTS
2010—Subsec. (b)(5). Pub. L. 111–281, § 810(1), amended
par. (5) generally. Prior to amendment par. (5) read as
follows: ‘‘The membership of an Area Maritime Security Advisory Committee shall include representatives
of the port industry, terminal operators, port labor organizations, and other users of the port areas.’’
Subsec. (g)(1)(A). Pub. L. 111–281, § 810(2)(A), substituted ‘‘2020;’’ for ‘‘2008;’’.
Subsec. (g)(2). Pub. L. 111–281, § 810(2)(B), substituted
‘‘2018’’ for ‘‘2006’’.
2006—Subsec. (b)(5). Pub. L. 109–241 realigned margins.
2004—Subsec. (b)(5). Pub. L. 108–293 added par. (5).

§ 70113. Maritime intelligence
(a) IN GENERAL.—The Secretary shall implement a system to collect, integrate, and analyze
information concerning vessels operating on or
bound for waters subject to the jurisdiction of
the United States, including information related
to crew, passengers, cargo, and intermodal ship-

Page 449

§ 70116

TITLE 46—SHIPPING

ments. The system may include a vessel risk
profiling component that assigns incoming vessels a terrorism risk rating.
(b) CONSULTATION.—In developing the information system under subsection (a), the Secretary
shall consult with the Transportation Security
Oversight Board and other departments and
agencies, as appropriate.
(c) INFORMATION INTEGRATION.—To deter a
transportation security incident, the Secretary
may collect information from public and private
entities to the extent that the information is
not provided by other Federal departments and
agencies.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2082; amended Pub. L. 108–293, title
VIII, § 803(a), Aug. 9, 2004, 118 Stat. 1080.)
AMENDMENTS
2004—Subsec. (a). Pub. L. 108–293 inserted at end ‘‘The
system may include a vessel risk profiling component
that assigns incoming vessels a terrorism risk rating.’’

§ 70114. Automatic identification systems
(a) SYSTEM REQUIREMENTS.—(1) Subject to
paragraph (2), the following vessels, while operating on the navigable waters of the United
States, shall be equipped with and operate an
automatic identification system under regulations prescribed by the Secretary:
(A) A self-propelled commercial vessel of at
least 65 feet overall in length.
(B) A vessel carrying more than a number of
passengers for hire determined by the Secretary.
(C) A towing vessel of more than 26 feet
overall in length and 600 horsepower.
(D) Any other vessel for which the Secretary
decides that an automatic identification system is necessary for the safe navigation of the
vessel.
(2) The Secretary may—
(A) exempt a vessel from paragraph (1) if the
Secretary finds that an automatic identification system is not necessary for the safe navigation of the vessel on the waters on which
the vessel operates; and
(B) waive the application of paragraph (1)
with respect to operation of vessels on navigable waters of the United States specified by
the Secretary if the Secretary finds that automatic identification systems are not needed
for safe navigation on those waters.
(b) REGULATIONS.—The Secretary shall prescribe regulations implementing subsection (a),
including requirements for the operation and
maintenance of the automatic identification
systems required under subsection (a).
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2082.)
EFFECTIVE DATE
Pub. L. 107–295, title I, § 102(e), Nov. 25, 2002, 116 Stat.
2084, provided that:
‘‘(1) SCHEDULE.—Section 70114 of title 46, United
States Code, as enacted by this Act, shall apply as follows:
‘‘(A) On and after January 1, 2003, to any vessel
built after that date.
‘‘(B) On and after July 1, 2003, to any vessel built
before the date referred to in subparagraph (A) that
is—

‘‘(i) a passenger vessel required to carry a certificate under the International Convention for the
Safety of Life at Sea, 1974 (SOLAS) [see 33 U.S.C.
1602 and notes thereunder];
‘‘(ii) a tanker; or
‘‘(iii) a towing vessel engaged in moving a tank
vessel.
‘‘(C) On and after December 31, 2004, to all other
vessels built before the date referred to in subparagraph (A).
‘‘(2) DEFINITION.—The terms in this subsection have
the same meaning as those terms have under section
2101 [now also 115] of title 46, United States Code.’’

§ 70115. Long-range vessel tracking system
Not later than April 1, 2007, the Secretary
shall, consistent with international treaties,
conventions, and agreements to which the
United States is a party, develop and implement
a long-range automated vessel tracking system
for all vessels in United States waters that are
equipped with the Global Maritime Distress and
Safety System or equivalent satellite technology. The system shall be designed to provide
the Secretary the capability of receiving information on vessel positions at interval positions
appropriate to deter transportation security incidents. The Secretary may use existing maritime organizations to collect and monitor tracking information under the system.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2083; amended Pub. L. 108–293, title
VIII, § 803(b), Aug. 9, 2004, 118 Stat. 1080; Pub. L.
109–347, title I, § 107(a), Oct. 13, 2006, 120 Stat.
1891.)
AMENDMENTS
2006—Pub. L. 109–347, in first sentence, substituted
‘‘Not later than April 1, 2007, the Secretary’’ for ‘‘The
Secretary’’.
2004—Pub. L. 108–293, in first sentence, substituted
‘‘shall, consistent with international treaties, conventions, and agreements to which the United States is a
party,’’ for ‘‘may’’.
REGULATIONS
Pub. L. 109–347, title I, § 107(b), Oct. 13, 2006, 120 Stat.
1891, provided that: ‘‘The Secretary [of Homeland Security] may issue regulations to establish a voluntary
long-range automated vessel tracking system for vessels described in section 70115 of title 46, United States
Code, during the period before regulations are issued
under such section.’’
LONG-RANGE VESSEL TRACKING SYSTEM
Pub. L. 109–241, title IV, § 404, July 11, 2006, 120 Stat.
535, provided that:
‘‘(a) PILOT PROJECT.—The Secretary of the department in which the Coast Guard is operating, acting
through the Commandant of the Coast Guard, shall
conduct a 3-year pilot program for long-range tracking
of up to 2,000 vessels using satellite systems with a nonprofit maritime organization that has a demonstrated
capability of operating a variety of satellite communications systems providing data to vessel tracking
software and hardware that provides long-range vessel
information to the Coast Guard to aid maritime security and response to maritime emergencies.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $4,000,000
for each of fiscal years 2006, 2007, and 2008 to carry out
subsection (a).’’

§ 70116. Secure systems of transportation
(a) IN GENERAL.—The Secretary, in consultation with the Transportation Security Oversight

[§ 70117

TITLE 46—SHIPPING

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

Page 450

rity, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.]
[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.]
PERFORMANCE STANDARDS
Pub. L. 107–295, title I, § 111, Nov. 25, 2002, 116 Stat.
2092, provided that: ‘‘Not later than January 1, 2004, the
Secretary of the department in which the Coast Guard
is operating, in consultation with the Transportation
Security Oversight Board, shall—
‘‘(1) develop and maintain an antiterrorism cargo
identification, tracking, and screening system for
containerized cargo shipped to and from the United
States either directly or via a foreign port; and
‘‘(2) develop performance standards to enhance the
physical security of shipping containers, including
standards for seals and locks.’’
[For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.]

[§ 70117. Repealed. Pub. L. 111–281, title II,
§ 208(b), Oct. 15, 2010, 124 Stat. 2912]
Section, added Pub. L. 108–293, title VIII, § 801(a), Aug.
9, 2004, 118 Stat. 1078, § 70118; renumbered § 70117, Pub. L.
109–241, title IX, § 901(l)(1), July 11, 2006, 120 Stat. 565;
Pub. L. 109–304, § 15(33)(A), Oct. 6, 2006, 120 Stat. 1705;
Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28,
2008, 122 Stat. 603, related to firearms, arrests, and seizure of property.
PRIOR PROVISIONS
A prior section 70117 was renumbered section 70120 of
this title.
Another prior section 70117 was renumbered section
70119 of this title.

§ 70118. Enforcement by State and local officers
(a) IN GENERAL.—Any State or local government law enforcement officer who has authority
to enforce State criminal laws may make an arrest for violation of a security zone regulation
prescribed under section 1 of title II of the Act
of June 15, 1917 (chapter 30; 50 U.S.C. 191) or security or safety zone regulation under section
7(b) of the Ports and Waterways Safety Act (33
U.S.C. 1226(b)) or a safety zone regulation prescribed under section 10(d) of the Deepwater
Port Act of 1974 (33 U.S.C. 1509(d)) by a Coast
Guard official authorized by law to prescribe
such regulations, if—
(1) such violation is a felony; and
(2) the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation.
(b) OTHER POWERS NOT AFFECTED.—The provisions of this section are in addition to any power
conferred by law to such officers. This section
shall not be construed as a limitation of any

Page 451

§ 70121

TITLE 46—SHIPPING

power conferred by law to such officers, or any
other officer of the United States or any State.
This section does not grant to such officers any
powers not authorized by the law of the State in
which those officers are employed.
(Added Pub. L. 108–293, title VIII, § 801(a), Aug. 9,
2004, 118 Stat. 1078, § 70119; renumbered § 70118,
Pub. L. 109–241, title IX, § 901(l)(1), July 11, 2006,
120 Stat. 565; Pub. L. 109–304, § 15(33)(A), Oct. 6,
2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title
XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.)
PRIOR PROVISIONS
A prior section 70118 was renumbered section 70117 of
this title and subsequently repealed.
Another prior section 70118 was renumbered section
70121 of this title.
AMENDMENTS
2008—Pub. L. 110–181 repealed Pub. L. 109–304,
§ 15(33)(A). See 2006 Amendment note below.
2006—Pub. L. 109–304, § 15(33)(A), which directed renumbering identical to that made by Pub. L. 109–241,
was repealed by Pub. L. 110–181. See Amendment note
and Construction of 2006 Amendment note below.
Pub. L. 109–241 renumbered section 70119 of this title,
as added by Pub. L. 108–293, § 801(a), as this section.
CONSTRUCTION OF 2006 AMENDMENT
Provisions of Pub. L. 109–304 repealed by section
3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as
a note under section 9504 of Title 26, Internal Revenue
Code.

§ 70119. Civil penalty
(a) IN GENERAL.—Any person that violates this
chapter or any regulation under this chapter
shall be liable to the United States for a civil
penalty of not more than $25,000 for each day
during which the violation continues.
(b) CONTINUING VIOLATIONS.—The maximum
amount of a civil penalty for a violation under
this section shall not exceed $50,000.
(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2084, § 70117; renumbered § 70119,
Pub. L. 108–293, title VIII, § 802(a)(1), Aug. 9, 2004,
118 Stat. 1078; amended Pub. L. 109–241, title III,
§ 306(a), July 11, 2006, 120 Stat. 528.)
CODIFICATION
Another section 70119 was renumbered section 70118 of
this title.

reimbursable costs incurred by any service provider related to implementation and enforcement of this chapter and arising from a violation by the operator of the vessel of this chapter
or any regulations prescribed under this chapter, and may be proceeded against for such liability in the United States district court for
any district in which such vessel may be found.
(c) DEFINITIONS.—In this subsection—
(1) the term ‘‘reimbursable costs’’ means
costs incurred by any service provider acting
in conformity with a lawful order of the Federal government or in conformity with the instructions of the vessel operator; and
(2) the term ‘‘service provider’’ means any
port authority, facility or terminal operator,
shipping agent, Federal, State, or local government agency, or other person to whom the
management of the vessel at the port of supply is entrusted, for—
(A) services rendered to or in relation to
vessel crew on board the vessel, or in transit
to or from the vessel, including accommodation, detention, transportation, and medical
expenses; and
(B) required handling of cargo or other
items on board the vessel.
(Added Pub. L. 108–293, title VIII, § 802(a)(2), Aug.
9, 2004, 118 Stat. 1078, § 70117; renumbered § 70120
and amended Pub. L. 109–241, title IX, § 901(l)(2),
(3), July 11, 2006, 120 Stat. 565; Pub. L. 109–304,
§ 15(33)(B), (C), Oct. 6, 2006, 120 Stat. 1705; Pub. L.
110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28,
2008, 122 Stat. 603.)
AMENDMENTS
2008—Pub. L. 110–181 repealed Pub. L. 109–304,
§ 15(33)(B), (C). See 2006 Amendment notes below.
2006—Pub. L. 109–304, § 15(33)(B), which directed renumbering identical to that made by Pub. L. 109–241,
§ 901(l)(2), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note
below.
Pub. L. 109–241, § 901(l)(2), renumbered section 70117 of
this title, as added by Pub. L. 108–293, § 802(a)(2), as this
section.
Subsec. (a). Pub. L. 109–304, § 15(33)(C), which directed
amendment identical to that made by Pub. L. 109–241,
§ 901(l)(3), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note
below.
Pub. L. 109–241, § 901(l)(3), substituted ‘‘section 70119’’
for ‘‘section 70120’’.
CONSTRUCTION OF 2006 AMENDMENT

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

§ 70120. In rem liability for civil penalties and
certain costs
(a) CIVIL PENALTIES.—Any vessel operated in
violation of this chapter or any regulations prescribed under this chapter shall be liable in rem
for any civil penalty assessed pursuant to section 70119 for such violation, and may be proceeded against for such liability in the United
States district court for any district in which
the vessel may be found.
(b) REIMBURSABLE COSTS OF SERVICE PROVIDERS.—A vessel shall be liable in rem for the

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

§ 70121. Withholding of clearance
(a) REFUSAL OR REVOCATION OF CLEARANCE.—If
any owner, agent, master, officer, or person in
charge of a vessel is liable for a penalty under
section 70119, or if reasonable cause exists to believe that the owner, agent, master, officer, or
person in charge may be subject to a penalty
under section 70119, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 60105 of this title.
(b) CLEARANCE UPON FILING OF BOND OR OTHER
SURETY.—The Secretary may require the filing

§ 70122

TITLE 46—SHIPPING

of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.
(Added Pub. L. 108–293, title VIII, § 802(a)(2), Aug.
9, 2004, 118 Stat. 1079, § 70118; renumbered § 70121
and amended Pub. L. 109–241, title IX, § 901(l)(2),
(4), July 11, 2006, 120 Stat. 565; Pub. L. 109–304,
§ 15(33)(B), (D), Oct. 6, 2006, 120 Stat. 1705; Pub. L.
110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28,
2008, 122 Stat. 603.)
AMENDMENTS
2008—Pub. L. 110–181 repealed Pub. L. 109–304,
§ 15(33)(B), (D)(i). See 2006 Amendment notes below.
2006—Pub. L. 109–304, § 15(33)(B), which directed renumbering identical to that made by Pub. L. 109–241,
§ 901(l)(2), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note
below.
Pub. L. 109–241, § 901(l)(2), renumbered section 70118 of
this title, as added by Pub. L. 108–293, § 802(a)(2), as this
section.
Subsec. (a). Pub. L. 109–304, § 15(33)(D)(ii), substituted
‘‘section 60105 of this title’’ for ‘‘section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)’’.
Pub. L. 109–304, § 15(33)(D)(i), which directed amendment identical to that made by Pub. L. 109–241,
§ 901(l)(4), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note
below.
Pub. L. 109–241, § 901(l)(4), substituted ‘‘section 70119’’
for ‘‘section 70120’’.
CONSTRUCTION OF 2006 AMENDMENT
Provisions of Pub. L. 109–304 repealed by section
3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as
a note under section 9504 of Title 26, Internal Revenue
Code.

§ 70122. Waterway watch program 1
(a) PROGRAM ESTABLISHED.—There is hereby
established, within the Coast Guard, the America’s Waterway Watch Program.
(b) PURPOSE.—The Secretary shall administer
the Program in a manner that promotes voluntary reporting of activities that may indicate
that a person or persons may be preparing to engage or engaging in a violation of law relating
to a threat or an act of terrorism (as that term
is defined in section 3077 of title 18) against a
vessel, facility, port, or waterway.
(c) INFORMATION; TRAINING.—
(1) INFORMATION.—The Secretary may establish, as an element of the Program, a network
of individuals and community-based organizations that encourage the public and industry
to recognize activities referred to in subsection (b), promote voluntary reporting of
such activity, and enhance the situational
awareness within the Nation’s ports and
waterways. Such network shall, to the extent
practicable, be conducted in cooperation with
Federal, State, and local law enforcement
agencies.
(2) TRAINING.—The Secretary may provide
training in—
(A) observing and reporting on covered activities; and
(B) sharing such reports and coordinating
the response by Federal, State, and local law
enforcement agencies.
1 So

in original. Probably should be ‘‘Waterway Watch Program’’.

Page 452

(d) VOLUNTARY PARTICIPATION.—Participation
in the Program—
(1) shall be wholly voluntary;
(2) shall not be a prerequisite to eligibility
for, or receipt of, any other service or assistance from, or to participation in, any other
program of any kind; and
(3) shall not require disclosure of information regarding the individual reporting covered activities or, for proprietary purposes,
the location of such individual.
(e) COORDINATION.—The Secretary shall coordinate the Program with other like watch programs. The Secretary shall submit, concurrent
with the President’s budget submission for each
fiscal year, a report on coordination of the Program and like watch programs within the Department of Homeland Security to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Homeland
Security of the House of Representatives.
(f) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated for the purposes of this section $3,000,000 for each of fiscal
years 2011 through 2016. Such funds shall remain
available until expended.
(Added Pub. L. 111–281, title VIII, § 801(a), Oct. 15,
2010, 124 Stat. 2988.)
§ 70123. Mobile biometric identification
(a) IN GENERAL.—Within one year after the
date of the enactment of the Coast Guard Authorization Act of 2010, the Secretary shall conduct, in the maritime environment, a program
for the mobile biometric identification of suspected individuals, including terrorists, to enhance border security and for other purposes.
(b) REQUIREMENTS.—The Secretary shall ensure the program required in this section is
coordinated with other biometric identification
programs within the Department of Homeland
Security.
(c) DEFINITION.—For the purposes of this section, the term ‘‘biometric identification’’ means
use of fingerprint and digital photography images and facial and iris scan technology and any
other technology considered applicable by the
Department of Homeland Security.
(Added Pub. L. 111–281, title VIII, § 807(a), Oct. 15,
2010, 124 Stat. 2993.)
REFERENCES IN TEXT
The date of the enactment of the Coast Guard Authorization Act of 2010, referred to in subsec. (a), is the
date of enactment of Pub. L. 111–281, which was approved Oct. 15, 2010.

§ 70124. Regulations
Unless otherwise provided, the Secretary may
issue regulations necessary to implement this
chapter.
(Added Pub. L. 111–281, title VIII, § 820(a), Oct. 15,
2010, 124 Stat. 3001.)
§ 70125. Port security training for facility security officers
(a) FACILITY SECURITY OFFICERS.—The Secretary shall establish comprehensive facility security officer training requirements designed to

Page 453

§ 70131

TITLE 46—SHIPPING

provide full security training that would lead to
certification of such officers. In establishing the
requirements, the Secretary shall—
(1) work with affected industry stakeholders;
and
(2) evaluate—
(A) the requirements of subsection (b);
(B) existing security training programs
employed at marine terminal facilities; and
(C) existing port security training programs developed by the Federal Government.
(b) REQUIREMENTS.—The training program
shall provide validated training that—
(1) provides training at the awareness, performance, management, and planning levels;
(2) utilizes multiple training mediums and
methods;
(3) establishes a validated provisional online certification methodology;
(4) provide for continuing education and
training for facility security officers beyond
certification requirements, including a program to educate on the dangers and issues associated with the shipment of hazardous and
especially hazardous cargo;
(5) addresses port security topics, including—
(A) facility security plans and procedures,
including how to develop security plans and
security
procedure
requirements
when
threat levels are elevated;
(B) facility security force operations and
management;
(C) physical security and access control at
facilities;
(D) methods of security for preventing and
countering cargo theft;
(E) container security;
(F) recognition and detection of weapons,
dangerous substances, and devices;
(G) operation and maintenance of security
equipment and systems;
(H) security threats and patterns;
(I) security incident procedures, including
procedures for communicating with governmental and nongovernmental emergency response providers; and
(J) evacuation procedures;
(6) is consistent with, and supports implementation of, the National Incident Management System, the National Response Plan, the
National Infrastructure Protection Plan, the
National Preparedness Guidance, the National
Preparedness Goal, the National Maritime
Transportation Security Plan, and other such
national initiatives;
(7) is evaluated against clear and consistent
performance measures;
(8) addresses security requirements under facility security plans;
(9) addresses requirements under the International Code for the Security of Ships and
Port Facilities to address shore leave for mariners and access to visitors, representatives of
seafarers’ welfare organizations, and labor organizations; and
(10) such other subject matters as may be
prescribed by the Secretary.
(c) CONTINUING SECURITY TRAINING.—The Secretary, in coordination with the Secretary of

Transportation, shall work with State and local
law enforcement agencies and industry stakeholders to develop and certify the following additional security training requirements for Federal, State, and local officials with security responsibilities at United States seaports:
(1) A program to familiarize them with port
and shipping operations, requirements of the
Maritime Transportation Security Act of 2002
(Public Law 107–295), and other port and cargo
security programs that educates and trains
them with respect to their roles and responsibilities.
(2) A program to familiarize them with dangers and potential issues with respect to shipments of hazardous and especially hazardous
cargoes.
(3) A program of continuing education as
deemed necessary by the Secretary.
(d) TRAINING PARTNERS.—In developing curriculum and delivering training established pursuant to subsections (a) and (c), the Secretary,
in coordination with the Maritime Administrator of the Department of Transportation and
consistent with section 109 of the Maritime
Transportation Security Act of 2002 (46 U.S.C.
70101 note), shall work with institutions with
maritime expertise and with industry stakeholders with security expertise to develop appropriate training capacity to ensure that training
can be provided in a geographically balanced
manner to personnel seeking certification under
subsection (a) or education and training under
subsection (c).
(e) ESTABLISHED GRANT PROGRAM.—The Secretary shall issue regulations or grant solicitations for grants for homeland security or port
security to ensure that activities surrounding
the development of curriculum and the provision of training and these activities are eligible
grant activities under both grant programs.
(Added Pub. L. 111–281, title VIII, § 821(a), Oct. 15,
2010, 124 Stat. 3001; amended Pub. L. 111–330,
§ 1(14), Dec. 22, 2010, 124 Stat. 3570.)
REFERENCES IN TEXT
The Maritime Transportation Security Act of 2002,
referred to in subsec. (c)(1), is Pub. L. 107–295, Nov. 25,
2002, 116 Stat. 2064. For complete classification of this
Act to the Code, see Tables.
AMENDMENTS
2010—Pub. L. 111–330 amended Pub. L. 111–281, § 821(a),
which enacted this section.
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(12) is effective with the enactment of Pub. L. 111–281.

SUBCHAPTER II—PORT SECURITY ZONES
AMENDMENTS
Pub. L. 111–330, § 1(16), Dec. 22, 2010, 124 Stat. 3570,
amended Pub. L. 111–281, title VIII, § 828(a), Oct. 15, 2010,
124 Stat. 3005, which added subchapter II heading.

§ 70131. Definitions
In this subchapter:
(1) LAW ENFORCEMENT AGENCY.—The term
‘‘law enforcement agency’’ means an agency of

§ 70132

TITLE 46—SHIPPING

a State, a political subdivision of a State, or
a Federally recognized tribe that is authorized
by law to supervise the prevention, detection,
investigation, or prosecution of any violation
of criminal law.
(2) SECURITY ZONE.—The term ‘‘security
zone’’ means a security zone, established by
the Commandant of the Coast Guard or the
Commandant’s designee pursuant to section 1
of title II of the Act of June 15, 1917 (50 U.S.C.
191) or section 7(b) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(b)), for a vessel carrying especially hazardous cargo when such
vessel—
(A) enters, or operates within, the internal
waters of the United States and the territorial sea of the United States; or
(B) transfers such cargo or residue in any
port or place, under the jurisdiction of the
United States, within the territorial sea of
the United States or the internal waters of
the United States.
(Added Pub. L. 111–281, title VIII, § 828(a), Oct. 15,
2010, 124 Stat. 3005; amended Pub. L. 111–330,
§ 1(16), Dec. 22, 2010, 124 Stat. 3570.)
AMENDMENTS
2010—Pub. L. 111–330 amended Pub. L. 111–281, § 828(a),
which enacted this section.
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(16) is effective with the enactment of Pub. L. 111–281.

§ 70132. Credentialing standards, training, and
certification for State and local support for
the enforcement of security zones for the
transportation of especially hazardous cargo
(a) STANDARD.—The Commandant of the Coast
Guard shall establish, by regulation, national
standards for training and credentialing of law
enforcement personnel—
(1) to enforce a security zone; or
(2) to assist in the enforcement of a security
zone.
(b) TRAINING.—
(1) The Commandant of the Coast Guard—
(A) shall develop and publish a training
curriculum for—
(i) law enforcement personnel to enforce
a security zone;
(ii) law enforcement personnel to enforce
or assist in the enforcement of a security
zone; and
(iii) personnel who are employed or retained by a facility or vessel owner to assist in the enforcement of a security zone;
and
(B) may—
(i) test and deliver such training, the
curriculum for which is developed pursuant to subparagraph (A);
(ii) enter into an agreement under which
a public entity (including a Federal agency) or private entity may test and deliver
such training, the curriculum for which
has been developed pursuant to subparagraph (A); and
(iii) may accept a program, conducted by
a public entity (including a Federal agen-

Page 454

cy) or private entity, through which such
training is delivered the curriculum for
which is developed pursuant to subparagraph (A).
(2) Any Federal agency that provides such
training, and any public or private entity that
receives
moneys,
pursuant
to
section
70107(b)(8) of this title, to provide such training, shall provide such training—
(A) to law enforcement personnel who enforce or assist in the enforcement of a security zone; and
(B) on an availability basis to—
(i) law enforcement personnel who assist
in the enforcement of a security zone; and
(ii) personnel who are employed or retained by a facility or vessel owner or operator to assist in the enforcement of a security zone.
(3) If a Federal agency provides the training,
the head of such agency may, notwithstanding
any other provision of law, accept payment
from any source for such training, and any
amount received as payment shall be credited
to the appropriation, current at the time of
collection, charged with the cost thereof and
shall be merged with, and available for, the
same purposes of such appropriation.
(4) Notwithstanding any other provision of
law, any moneys, awarded by the Department
of Homeland Security in the form of awards or
grants, may be used by the recipient to pay for
training of personnel to assist in the enforcement of security zones and limited access
areas.
(c) CERTIFICATION; TRAINING PARTNERS.—In developing and delivering training under the training program, the Secretary, in coordination
with the Maritime Administrator of the Department of Transportation, and consistent with
section 109 of the Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 note), shall—
(1) work with government training facilities,
academic institutions, private organizations,
employee organizations, and other entities
that provide specialized, state-of-the-art training for governmental and nongovernmental
emergency responder providers or commercial
seaport personnel and management;
(2) utilize, as appropriate, government training facilities, courses provided by community
colleges, public safety academies, State and
private universities, and other facilities; and
(3) certify organizations that offer the curriculum for training and certification.
(Added Pub. L. 111–281, title VIII, § 828(a), Oct. 15,
2010, 124 Stat. 3005; amended Pub. L. 111–330,
§ 1(16), Dec. 22, 2010, 124 Stat. 3570.)
REFERENCES IN TEXT
Section 109 of the Maritime Transportation Security
Act of 2002, referred to in subsec. (c), is section 109 of
title I of Pub. L. 107–295, which is set out as a note
under section 70101 of this title.
AMENDMENTS
2010—Pub. L. 111–330 amended Pub. L. 111–281, § 828(a),
which enacted this section.

Page 455

§ 70304

TITLE 46—SHIPPING

EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(16) is effective with the enactment of Pub. L. 111–281.

HISTORICAL AND REVISION NOTES
Revised
Section
70302 ..........

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

CHAPTER 703—MARITIME SECURITY
Sec.

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

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

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

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

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

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

§ 70302. International measures for seaport and
vessel security
Congress encourages the President to continue
to seek agreement on international seaport and
vessel security through the International Maritime Organization. In developing an agreement,
each member country of the International Maritime Organization should consult with appropriate private sector interests in that country.
The agreement would establish seaport and vessel security measures and could include—
(1) seaport screening of cargo and baggage
similar to that done at airports;
(2) security measures to restrict access to
cargo, vessels, and dockside property to authorized personnel only;
(3) additional security on board vessels;
(4) licensing or certification of compliance
with appropriate security standards; and
(5) other appropriate measures to prevent
unlawful acts against passengers and crews on
vessels.
(Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat.
1683.)

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

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

§ 70303. Security standards at foreign ports
(a) GENERAL REQUIREMENTS.—The Secretary
shall develop and implement a plan to assess the
effectiveness of the security measures maintained at foreign ports that the Secretary, in
consultation with the Secretary of State, determines pose a high risk of acts of terrorism
against passenger vessels. In carrying out this
subsection, the Secretary shall consult with the
Secretary of State about the terrorist threat
that exists in each country and poses a high risk
of acts of terrorism against passenger vessels.
(b) NOTICE AND RECOMMENDATIONS TO OTHER
COUNTRIES.—If the Secretary, after implementing the plan under subsection (a), determines
that a port does not maintain and administer effective security measures, the Secretary of
State (after being informed by the Secretary)
shall—
(1) notify the appropriate government authorities of the country in which the port is
located of the determination; and
(2) recommend steps necessary to bring the
security measures at that port up to the
standard used by the Secretary in making the
assessment under subsection (a).
(c) ANTITERRORISM ASSISTANCE.—The President is encouraged to provide antiterrorism assistance related to maritime security under
chapter 8 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2349aa et seq.) to foreign
countries, especially for a port that the Secretary determines under subsection (b) does not
maintain and administer effective security
measures.
(Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat.
1684.)
HISTORICAL AND REVISION NOTES
Revised
Section
70303 ..........

Source (U.S. Code)
46 App.:1803.

Source (Statutes at Large)
Pub. L. 99–399, title IX,
§ 907(a), (b), (d), (e), Aug.
27, 1986, 100 Stat. 891.

REFERENCES IN TEXT
The Foreign Assistance Act of 1961, referred to in subsec. (c), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424.
Chapter 8 of part II of the Act is classified generally to
part VIII (§ 2349aa et seq.) of subchapter II of chapter 32
of Title 22, Foreign Relations and Intercourse. For
complete classification of this Act to the Code, see
Short Title note set out under section 2151 of Title 22
and Tables.

§ 70304. Travel advisories on security at foreign
ports
(a) GENERAL REQUIREMENTS.—On being notified by the Secretary that the Secretary has determined that a condition exists that threatens

Page 43

TITLE 50—WAR AND NATIONAL DEFENSE

Sec.

196.
197.
198.

Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in
United States waters.
Voluntary purchase or charter agreements.
Requisitioned vessels.

§ 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.
The President may delegate the authority to
issue such rules and regulations to the Secretary of the department in which the Coast
Guard is operating. Any appropriation available
to any of the Executive Departments shall be

§ 191

available to carry out the provisions of this
title.1
(June 15, 1917, ch. 30, title II, § 1, 40 Stat. 220;
Aug. 9, 1950, ch. 656, § 1, 64 Stat. 427; Sept. 26,
1950, ch. 1049, § 2(b), 64 Stat. 1038; Pub. L. 89–670,
§ 6(b)(1), Oct. 15, 1966, 80 Stat. 938; Pub. L. 96–70,
title III, § 3302(a), Sept. 27, 1979, 93 Stat. 498; Pub.
L. 104–208, div. C, title VI, § 649, Sept. 30, 1996, 110
Stat. 3009–711; Pub. L. 108–293, title II, § 223, Aug.
9, 2004, 118 Stat. 1040.)
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 title II to the Code, see Tables.
AMENDMENTS
2004—Pub. L. 108–293 inserted ‘‘The President may
delegate the authority to issue such rules and regulations to the Secretary of the department in which the
Coast Guard is operating.’’ at beginning of concluding
provisions.
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
Act Aug. 9, 1950, ch. 656, § 4, 64 Stat. 428, 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, § 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
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
1 See

References in Text note below.

§ 191

TITLE 50—WAR AND NATIONAL DEFENSE

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
Act June 15, 1917, ch. 30, title XIII, § 4, 40 Stat. 231,
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
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.
‘‘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, set out as a note 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. 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

Page 44

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, 2014, 79 F.R. 10949, provided:
On March 1, 1996, by Proclamation 6867, a national
emergency was declared to address the disturbance or
threatened disturbance of international relations
caused by the February 24, 1996, destruction by the
Cuban government of two unarmed U.S.-registered civilian aircraft in international airspace north of Cuba.
On February 26, 2004, by Proclamation 7757, the national emergency was extended and its scope was expanded to deny monetary and material support to the
Cuban government. The Cuban government has not
demonstrated that it will refrain from the use of excessive force against U.S. vessels or aircraft that may engage in memorial activities or peaceful protest north of
Cuba. In addition, the unauthorized entry of any U.S.-

Page 45

TITLE 50—WAR AND NATIONAL DEFENSE

registered vessel into Cuban territorial waters continues to be detrimental to the foreign policy of the
United States. 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 as amended by
Proclamation 7757.
This notice shall be published in the Federal Register
and transmitted to the Congress.
BARACK OBAMA.
Prior continuations of national emergency declared
by Proc. No. 6867 were contained in the following:
Notice of President of the United States, dated Feb.
22, 2013, 78 F.R. 13209.
Notice of President of the United States, dated Feb.
23, 2012, 77 F.R. 11379.
Notice of President of the United States, dated Feb.
24, 2011, 76 F.R. 11073.
Notice of President of the United States, dated Feb.
23, 2010, 75 F.R. 8793.
Notice of President of the United States, dated Jan.
15, 2009, 74 F.R. 3959.
Notice of President of the United States, dated Feb.
6, 2008, 73 F.R. 7459.
Notice of President of the United States, dated Feb.
26, 2007, 72 F.R. 9231.
Notice of President of the United States, dated Jan.
10, 2006, 71 F.R. 2133.
Notice of President of the United States, dated Feb.
18, 2005, 70 F.R. 8919.
Notice of President of the United States, dated Feb.
26, 2004, 69 F.R. 9513.
Notice of President of the United States, dated Feb.
27, 2003, 68 F.R. 9849.
Notice of President of the United States, dated Feb.
26, 2002, 67 F.R. 9387.
Notice of President of the United States, dated Feb.
27, 2001, 66 F.R. 12841.
Notice of President of the United States, dated Feb.
25, 2000, 65 F.R. 10929.
Notice of President of the United States, dated Feb.
24, 1999, 64 F.R. 9903.
Notice of President of the United States, dated Feb.
25, 1998, 63 F.R. 9923.
Notice of President of the United States, dated Feb.
27, 1997, 62 F.R. 9347.
PROC. NO. 7757. EXPANDING THE SCOPE OF THE NATIONAL
EMERGENCY AND INVOCATION OF EMERGENCY AUTHORITY RELATING TO THE REGULATION OF THE ANCHORAGE
AND MOVEMENT OF VESSELS INTO CUBAN TERRITORIAL
WATERS
Proc. No. 7757, Feb. 26, 2004, 69 F.R. 9515, provided:
By the authority vested in me by the Constitution
and the laws of the United States of America, in order
to expand the scope of the national emergency declared
in Proclamation 6867 of March 1, 1996 [set out above],
based on the disturbance or threatened disturbance of
the international relations of the United States caused
by actions taken by the Cuban government, and in
light of steps taken over the past year by the Cuban
government to worsen the threat to United States
international relations, and,
WHEREAS the United States has determined that
Cuba is a state-sponsor of terrorism and it is subject to
the restrictions of section 6(j)(1)(A) of the Export Administration Act of 1979 [50 U.S.C. App. 2405(j)(1)(A)],
section 620A of the Foreign Assistance Act of 1961 [22
U.S.C. 2371], and section 40 of the Arms Export Control
Act [22 U.S.C. 2780];
WHEREAS the Cuban government has demonstrated
a ready and reckless willingness to use excessive force,
including deadly force, against U.S. citizens, in the ostensible enforcement of its sovereignty, including the
February 1996 shoot-down of two unarmed U.S.-registered civilian aircraft in international airspace, resulting in the deaths of three American citizens and
one other individual;

§ 191

WHEREAS the Cuban government has demonstrated
a ready and reckless willingness to use excessive force,
including deadly force, against U.S. citizens and its
own citizens, including on July 13, 1995, when persons in
U.S.-registered vessels that entered into Cuban territorial waters suffered injury as a result of the reckless
use of force against them by the Cuban military, and
including the July 1994 sinking of an unarmed Cubanregistered vessel, resulting in the deaths of 41 Cuban
citizens;
WHEREAS the Cuban government has impounded
U.S.-registered vessels in Cuban ports and forced the
owners, as a condition of release, to violate U.S. law by
requiring payments to be made to the Cuban government;
WHEREAS the entry of any U.S.-registered vessels
into Cuban territorial waters could 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 of international relations;
WHEREAS the unauthorized entry of vessels subject
to the jurisdiction of the United States into Cuban territorial waters is in violation of U.S. law and contrary
to U.S. policy;
WHEREAS the objectives of U.S. policy regarding
Cuba are the end of the dictatorship and a rapid, peaceful transition to a representative democracy respectful
of human rights and characterized by an open market
economic system;
WHEREAS a critical initiative by the United States
to advance these U.S. objectives is to deny resources to
the repressive Cuban government, resources that may
be used by that government to support terrorist activities and carry out excessive use of force against innocent victims, including U.S. citizens;
WHEREAS the unauthorized entry of U.S.-registered
vessels into Cuban territorial waters is detrimental to
the foreign policy of the United States, which is to
deny monetary and material support to the repressive
Cuban government, and, therefore, such unauthorized
entries threaten to disturb the international relations
of the United States by facilitating the Cuban government’s support of terrorism, use of excessive force, and
continued existence;
WHEREAS the Cuban government has over the
course of its 45-year existence repeatedly used violence
and the threat of violence to undermine U.S. policy interests. This same regime continues in power today,
and has since 1959 maintained a pattern of hostile actions contrary to U.S. policy interests. Among other
things, the Cuban government established a military
alliance with the Soviet Union, and invited Soviet
forces to install nuclear missiles in Cuba capable of attacking the United States, and encouraged Soviet authorities to use those weapons against the United
States; it engaged in military adventurism in Africa;
and it helped to form and provide material and political support to terrorist organizations that sought the
violent overthrow of democratically elected governments in Central America and elsewhere in the hemisphere allied with the United States, thereby causing
repeated disturbances of U.S. international relations;
WHEREAS the Cuban government has recently and
over the last year taken a series of steps to destabilize
relations with the United States, including threatening
to abrogate the Migration Accords with the United
States and to close the U.S. Interests Section, and
Cuba’s most senior officials repeatedly asserting that
the United States intended to invade Cuba, despite explicit denials from the U.S. Secretaries of State and
Defense that such action is planned, thereby causing a
sudden and worsening disturbance of U.S. international
relations;
WHEREAS U.S. concerns about these unforeseen
Cuban government actions that threaten to disturb
international relations were sufficiently grave that on
May 8, 2003, the United States warned the Cuban government that political manipulations that resulted in a
mass migration would be viewed as a ‘‘hostile act;’’

§ 191a

TITLE 50—WAR AND NATIONAL DEFENSE

NOW, THEREFORE, I, GEORGE W. BUSH, 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. 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, in order
to expand the scope of the national emergency declared
in Proclamation 6867 of March 1, 1996 [set out above],
and to secure the observance of the rights and obligations of the United States, hereby authorize and direct
the Secretary of Homeland Security (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 authorize and approve the Secretary’s issuance of 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, or result in unauthorized transactions, and thereby 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. Any provisions of Proclamation 6867 [set out
above] that are inconsistent with the provisions of this
proclamation are superseded to the extent of such inconsistency.
SEC. 7. 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 twenty-sixth day of February, in the year of
our Lord two thousand four, and of the Independence of
the United States of America the two hundred and
twenty-eighth.
GEORGE W. BUSH.

§ 191a. Transfer of Secretary of Transportation’s
powers to Secretary of Navy when Coast
Guard operates as part of Navy
When the Coast Guard operates as a part of
the Navy pursuant to section 3 of title 14, the

Page 46

powers conferred on the Secretary of Transportation by section 191 of this title, shall vest in
and be exercised by the Secretary of the Navy.
(Nov. 15, 1941, ch. 471, § 2, 55 Stat. 763; Pub. L.
87–845, § 11, Oct. 18, 1962, 76A Stat. 699; Pub. L.
89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938.)
AMENDMENTS
1962—Pub. L. 87–845 substituted ‘‘section 3 of title 14’’
for ‘‘section 1 of title 14’’.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87–845 effective Jan. 2, 1963,
see section 25 of Pub. L. 87–845, set out as a note under
section 414 of Title 28, Judiciary and Judicial Procedure.
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.
‘‘Secretary of Transportation’’ substituted in text for
‘‘Secretary of the Treasury’’ 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.

§ 191b. Repealed. Pub. L. 96–70, title
§ 3303(a)(5), Sept. 27, 1979, 93 Stat. 499

III,

Section, acts Nov. 15, 1941, ch. 471, § 4, 55 Stat. 763;
Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038; Oct. 18, 1962,
Pub. L. 87–845, § 12, 76A Stat. 699, provided that this section, section 191a of this title, and section 91 of title 14
not affect the authority of the Governor of the Canal
Zone conferred by section 191 of this title or section 34
of Title 2, Canal Zone Code.
EFFECTIVE DATE OF REPEAL
Repeal 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.

§ 191c. Repealed. Aug. 4, 1949, ch. 393, § 20, 63
Stat. 561
Section, act Nov. 15, 1941, ch. 471, § 1, 55 Stat. 763, related to control of anchorage and movement of vessels
to insure safety of naval vessels. See section 91 of Title
14, Coast Guard.

§ 192. Seizure and forfeiture of vessel; fine and
imprisonment
(a) In general
If any owner, agent, master, officer, or person
in charge, or any member of the crew of any
such vessel fails to comply with any regulation
or rule issued or order given under the provisions of this title,1 or obstructs or interferes
with the exercise of any power conferred by this
title,1 the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject
to seizure and forfeiture to the United States in
1 See

References in Text note below.

Page 47

TITLE 50—WAR AND NATIONAL DEFENSE

the same manner as merchandise is forfeited for
violation of the customs revenue laws; and the
person guilty of such failure, obstruction, or interference shall be punished by imprisonment
for not more than ten years and may, in the discretion of the court, be fined not more than
$10,000.
(b) Application to others
If any other person knowingly fails to comply
with any regulation or rule issued or order given
under the provisions of this title,1 or knowingly
obstructs or interferes with the exercise of any
power conferred by this title,1 he shall be punished by imprisonment for not more than ten
years and may, at the discretion of the court, be
fined not more than $10,000.
(c) Civil penalty
A person violating this title,1 or a regulation
prescribed under this title,1 shall be liable to the
United States Government for a civil penalty of
not more than $25,000 for each violation. Each
day of a continuing violation shall constitute a
separate violation.
(d) In rem liability
Any vessel that is used in violation of this
title,1 or of any regulation issued under this
title,1 shall be liable in rem for any civil penalty
assessed pursuant to subsection (c) of this section and may be proceeded against in the United
States district court for any district in which
such vessel may be found.
(e) Withholding of clearance
(1) In general
If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty
or fine under subsection (c) of this section, or
if reasonable cause exists to believe that the
owner, agent, master, officer, or person in
charge may be subject to a penalty or fine
under this section, the Secretary may, with
respect to such vessel, refuse or revoke any
clearance required by section 60105 of title 46.
(2) Clearance upon filing of bond or other surety
The Secretary may require the filing of a
bond or other surety as a condition of granting
clearance refused or revoked under this subsection.
(June 15, 1917, ch. 30, title II, § 2, 40 Stat. 220;
Mar. 28, 1940, ch. 72, § 3(a), 54 Stat. 79; Nov. 15,
1941, ch. 471, § 3, 55 Stat. 763; Aug. 9, 1950, ch. 656,
§ 3, 64 Stat. 428; Pub. L. 107–295, title I, § 104(b),
Nov. 25, 2002, 116 Stat. 2085; Pub. L. 108–293, title
VIII, § 802(b), Aug. 9, 2004, 118 Stat. 1079.)
REFERENCES IN TEXT
This title, referred to in subsecs. (a) to (d), 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 title II to the
Code, see Tables.
CODIFICATION
In subsec. (e)(1), ‘‘section 60105 of title 46’’ substituted
for ‘‘section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91)’’ on authority of Pub. L.
109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.

§ 195

AMENDMENTS
2004—Subsec. (c). Pub. L. 108–293, § 802(b)(1), substituted ‘‘title’’ for ‘‘Act’’ in two places.
Subsecs. (d), (e). Pub. L. 108–293, § 802(b)(2), added subsecs. (d) and (e).
2002—Pub. L. 107–295 inserted subsec. headings, designated first par. as subsec. (a), redesignated former
subsec. (a) as (b), and added subsec. (c).
1950—Subsec. (a). Act Aug. 9, 1950, added subsec. (a).
1941—Act Nov. 15, 1941, struck out ‘‘by the Secretary
of the Treasury or the Governor of the Panama Canal’’
before ‘‘under the provisions of this title’’.
1940—Act Mar. 28, 1940, increased term of imprisonment.
TERMINATION DATE OF 1950 AMENDMENT
For termination of amendment by act Aug. 9, 1950,
see section 4 of act Aug. 9, 1950, set out as a note under
section 191 of this title.

§ 193. Repealed. June 25, 1948, ch. 645, § 21, 62
Stat. 862
Section, acts June 15, 1917, ch. 30, title II, § 3, 40 Stat.
220; Mar. 28, 1940, ch. 72, § 3(b), 54 Stat. 79, related to destruction of, injury to, or improper use of vessels. See
section 2274 of Title 18, Crimes and Criminal Procedure.
EFFECTIVE DATE OF REPEAL
Repeal effective Sept. 1, 1948, see section 38 of act
June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§ 194. Enforcement provisions
The President may employ such departments,
agencies, officers, or instrumentalities of the
United States as he may deem necessary to
carry out the purpose of this title.1
(June 15, 1917, ch. 30, title II, § 4, 40 Stat. 220;
Aug. 9, 1950, ch. 656, § 2, 64 Stat. 428.)
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
1950—Act Aug. 9, 1950, authorized President to employ
such departments, agencies, etc., as he may deem necessary to carry out title II of act June 15, 1917.
TERMINATION DATE OF 1950 AMENDMENT
For termination of amendment by act Aug. 9, 1950,
see section 4 of act Aug. 9, 1950, set out as a note under
section 191 of this title.

§ 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, § 1, 40 Stat. 231;
Pub. L. 96–70, title III, § 3302(b), Sept. 27, 1979, 93
1 See

References in Text note below.

§ 196

TITLE 50—WAR AND NATIONAL DEFENSE

Stat. 498; Pub. L. 107–295, title I, § 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.

Page 48

tion 902, as amended,’’ on authority of Pub. L. 109–304,
§ 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted
chapter 563 of Title 46, Shipping.
AMENDMENTS
1981—Pub. L. 97–31 substituted references to Secretary of Transportation for references to Secretary of
Commerce wherever appearing.
1979—Pub. L. 96–70 struck out ‘‘, including the Canal
Zone,’’ after ‘‘jurisdiction of the United States’’.

CODIFICATION

EFFECTIVE DATE OF 1979 AMENDMENT

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.

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.

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 of Title 22, Foreign Relations and Intercourse.

§ 196. Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in
United States waters
During any period in which vessels may be
requisitioned under chapter 563 of title 46, the
President is authorized and empowered through
the Secretary of Transportation to purchase, or
to requisition, or for any part of such period to
charter or requisition the use of, or to take over
the title to or possession of, for such use or disposition as he shall direct, any merchant vessel
not owned by citizens of the United States
which is lying idle in waters within the jurisdiction of the United States and which the President finds to be necessary to the national defense. Just compensation shall be determined
and made to the owner or owners of any such
vessel in accordance with the applicable provisions of chapter 563 of title 46. Such compensation hereunder, or advances on account thereof,
shall be deposited with the Treasurer of the
United States in a separate deposit fund. Payments for such compensation and also for payment of any valid claim upon such vessel in accord with the provisions of section 56305 of title
46 shall be made from such fund upon the certificate of the Secretary of Transportation.
(Aug. 9, 1954, ch. 659, § 1, 68 Stat. 675; Pub. L.
96–70, title III, § 3302(c), Sept. 27, 1979, 93 Stat.
498; Pub. L. 97–31, § 12(152), Aug. 6, 1981, 95 Stat.
167.)
CODIFICATION
In text, ‘‘chapter 563 of title 46’’ substituted for ‘‘section 902 of the Merchant Marine Act, 1936, as amended’’
in two places and ‘‘section 56305 of title 46’’ substituted
for ‘‘the second paragraph of subsection (d) of such sec-

§ 197. Voluntary purchase or charter agreements
During any period in which vessels may be
requisitioned under chapter 563 of title 46, the
President is authorized through the Secretary of
Transportation to acquire by voluntary agreement of purchase or charter the ownership or
use of any merchant vessel not owned by citizens of the United States.
(Aug. 9, 1954, ch. 659, § 2, 68 Stat. 675; Pub. L.
97–31, § 12(152), Aug. 6, 1981, 95 Stat. 167.)
CODIFICATION
In text, ‘‘chapter 563 of title 46’’ substituted for ‘‘section 902 of the Merchant Marine Act, 1936, as amended’’
on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120
Stat. 1709, which Act enacted chapter 563 of Title 46,
Shipping.
AMENDMENTS
1981—Pub. L. 97–31 substituted ‘‘Secretary of Transportation’’ for ‘‘Secretary of Commerce’’.

§ 198. Requisitioned vessels
(a) Documentation of vessels
Any vessel not documented under the laws of
the United States, acquired by or made available to the Secretary of Transportation under
sections 196 to 198 of this title, or otherwise,
may, notwithstanding any other provision of
law, in the discretion of the Secretary of the department in which the Coast Guard is operating
be documented as a vessel of the United States
under such rules and regulations or orders, and
with such limitations, as the Secretary of the
department in which the Coast Guard is operating may prescribe or issue as necessary or appropriate to carry out the purposes and provisions of sections 196 to 198 of this title, and in
accordance with the provisions of subsection (c)
of this section, engage in the coastwise trade
when so documented. Any document issued to a
vessel under the provisions of this subsection
shall be surrendered at any time that such surrender may be ordered by the Secretary of the
department in which the Coast Guard is operating. No vessel, the surrender of the documents of
which has been so ordered, shall, after the effective date of such order, have the status of a vessel of the United States unless documented
anew.
(b) Waiver of compliance
The President may, notwithstanding any
other provisions of law, by rules and regulations
or orders, waive compliance with any provision