1625--NEW Stat/Authority

Page 525

TITLE 46—SHIPPING

‘‘(3) The provision of off-site training and certification courses and certified personnel at United
States and foreign ports used by United Statesflagged vessels, or by foreign-flagged vessels with
United States citizens as passengers or crewmembers,
to develop and enhance security awareness and practices.
‘‘(c) TRAINING PROVIDED TO LAW ENFORCEMENT AND
SECURITY PERSONNEL.—
‘‘(1) IN GENERAL.—The Secretary is authorized to
make the training opportunities provided under this
section available to any Federal, State, local, and
private law enforcement or maritime security personnel in the United States or to personnel employed
in foreign ports used by vessels with United States
citizens as passengers or crewmembers.
‘‘(2) ACADEMIES AND SCHOOLS.—The Secretary may
provide training under this section at—
‘‘(A) each of the 6 State maritime academies;
‘‘(B) the United States Merchant Marine Academy;
‘‘(C) the Appalachian Transportation Institute;
and
‘‘(D) other security training schools in the United
States.
‘‘(d) USE OF CONTRACT RESOURCES.—The Secretary
may employ Federal and contract resources to train
and certify maritime security professionals in accordance with the standards and curriculum developed
under this Act [see Tables for classification].
‘‘(e) ANNUAL REPORT.—The Secretary shall transmit
an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure on the expenditure of appropriated funds
and the training under this section.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry
out this section $5,500,000 for each of fiscal years 2003
through 2008.’’
[For transfer of functions, personnel, assets, and liabilities of the Federal Law Enforcement Training Center of the Department of the Treasury to the Secretary
of Homeland Security, and for treatment of related references, see sections 203(4), 551(d), 552(d), and 557 of
Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November
25, 2002, as modified, set out as a note under section 542
of Title 6.]

§ 70102

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, 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, security against cybersecurity risks,
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.

REPORT ON FOREIGN-FLAG VESSELS

(2) Upon completion of an assessment under
this subsection for a facility or vessel, the Secretary shall provide the owner or operator with
a copy of the vulnerability assessment for that
facility or vessel.
(3) The Secretary shall update each vulnerability assessment conducted under this section
at least every 5 years.
(4) In lieu of conducting a facility or vessel
vulnerability assessment under paragraph (1),
the Secretary may accept an alternative assessment conducted by or on behalf of the owner or
operator of the facility or vessel if the Secretary
determines that the alternative assessment includes the matters required under paragraph (1).
(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.

Pub. L. 107–295, title I, § 112, Nov. 25, 2002, 116 Stat.
2092, which required the Secretary of the department in

(Added Pub. L. 107–295, title I, § 102(a), Nov. 25,
2002, 116 Stat. 2068; amended Pub. L. 108–458, title

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.’’
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.’’

[§ 70102a

TITLE 46—SHIPPING

Page 526

IV, § 4072(b), Dec. 17, 2004, 118 Stat. 3730; Pub. L.
111–281, title VIII, § 822, Oct. 15, 2010, 124 Stat.
3003; Pub. L. 115–254, div. J, § 1805(d)(1), Oct. 5,
2018, 132 Stat. 3535.)

283, set out as an Effective Date of 2021 Amendment
note under section 1226 of Title 33, Navigation and Navigable Waters.

Editorial Notes

(a) NATIONAL MARITIME TRANSPORTATION SECUPLAN.—(1) The Secretary shall prepare a
National Maritime Transportation Security
Plan for deterring and responding to a transportation security incident.
(2) The National Maritime Transportation Security Plan shall provide for efficient, coordinated, and effective action to deter and minimize damage from a transportation security incident, and shall include the following:
(A) Assignment of duties and responsibilities
among Federal departments and agencies and
coordination with State and local governmental agencies.
(B) Identification of security resources.
(C) Procedures and techniques to be employed in deterring a national transportation
security incident.
(D) Establishment of procedures for the coordination of activities of—
(i) Coast Guard maritime security teams
established under this chapter; and
(ii) Federal Maritime Security Coordinators required under this chapter.

AMENDMENTS
2018—Subsec. (b)(1). Pub. L. 115–254, § 1805(d)(1)(A),
struck out ‘‘and by not later than December 31, 2004’’
after ‘‘subsection (a) of this section’’ in introductory
provisions.
Subsec. (b)(1)(C). Pub. L. 115–254, § 1805(d)(1)(B), inserted ‘‘security against cybersecurity risks,’’ after
‘‘physical security,’’.
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.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Pub. L. 115–254, div. J, § 1805(d)(3), Oct. 5, 2018, 132
Stat. 3535, provided that: ‘‘The amendments made by
this subsection [amending this section and section 70103
of this title] shall apply to assessments or security
plans, or updates to such assessments or plans, submitted after the date that the cybersecurity risk assessment model is developed under subsection (a) [46
U.S.C. 70112 note].’’
COORDINATION WITH TSA ON MARITIME FACILITIES
Pub. L. 115–254, div. J, § 1803, Oct. 5, 2018, 132 Stat.
3533, provided that: ‘‘The Secretary of Homeland Security shall—
‘‘(1) provide the Administrator of the TSA [Transportation Security Administration] with updates to
vulnerability assessments required under section
70102(b)(3) of title 46, United States Code, to avoid
any duplication of effort between the Coast Guard
and the TSA; and
‘‘(2) identify any security gaps between authorities
of operating entities within the Department of Homeland Security that a threat could exploit to cause a
transportation security incident (as defined in section 70101 of title 46, United States Code).’’
DEFINITIONS
Pub. L. 115–254, div. J, § 1802, Oct. 5, 2018, 132 Stat.
3533, provided that: ‘‘In this division [see section 1801 of
Pub. L. 115–254, set out as a Short Title of 2018 Amendment note under section 101 of this title]:
‘‘(1) APPROPRIATE COMMITTEES OF CONGRESS.—The
term ‘appropriate committees of Congress’ means—
‘‘(A) the Committee on Commerce, Science, and
Transportation of the Senate;
‘‘(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
‘‘(C) the Committee on Homeland Security of the
House of Representatives; and
‘‘(D) the Committee on Transportation and Infrastructure of the House of Representatives.
‘‘(2) TSA.—The term ‘TSA’ means the Transportation Security Administration.’’

[§ 70102a. Repealed. Pub. L. 116–283, div. G, title
LVXXXV [LXXXV], § 8507(d)(1), Jan. 1, 2021,
134 Stat. 4754]
Section, as added and amended Pub. L. 115–282, title
IV, § 408(a), (b), Dec. 4, 2018, 132 Stat. 4268, related to
port, harbor, and coastal facility security.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 4, 2018, and as if included in
Pub. L. 115—282, see section 8507(d)(7) of Pub. L. 116—

§ 70103. Maritime transportation security plans
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
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.
(K) A plan to detect, respond to, and recover
from cybersecurity risks that may cause
transportation security incidents.
(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