1625-0113 Stat/Authority

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—