1625-0127 Stat/Authority

[§ 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

Page 527

TITLE 46—SHIPPING

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
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;
(H) include a plan for detecting, responding
to, and recovering from cybersecurity risks
that may cause transportation security incidents; and
(I) be updated at least every 5 years by the
Federal Maritime Security Coordinator.
(3) The Secretary shall review and approve
Area Maritime Transportation Security Plans
and updates under this subsection.
(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

§ 70103

(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, including 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;
(v) detecting, responding to, and recovering from cybersecurity risks that may
cause transportation security incidents; and
(vi) 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

§ 70103

TITLE 46—SHIPPING

(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 or update;
(B) require amendments to any plan or update that does not meet the requirements of
this subsection;
(C) approve any plan or update that meets
the requirements of this subsection; and
(D) subject to the availability of appropriations, periodically, but not less than one time
per year, conduct a risk-based, no notice facility inspection to verify the effectiveness of
each such facility security plan or update.
(5) A vessel or facility for which a plan is required to be submitted under this subsection
may not operate after the end of the 12-month
period beginning on the date of the prescription
of interim final regulations on vessel and facility security plans, unless—
(A) the plan has been approved by the Secretary; and
(B) the vessel or facility is operating in compliance with the plan.
(6) Notwithstanding paragraph (5), the Secretary may authorize a vessel or facility to operate without a security plan approved under
this subsection, until not later than 1 year after
the date of the submission to the Secretary of a
plan for the vessel or facility, if the owner or operator of the vessel or facility certifies that the
owner or operator has ensured by contract or
other means approved by the Secretary to deter
to the maximum extent practicable a transportation security incident or a substantial threat
of such a security incident.
(7) The Secretary shall require each owner or
operator of a vessel or facility located within or
adjacent to waters subject to the jurisdiction of
the United States to implement any necessary
interim security measures, including cargo security programs, to deter to the maximum extent
practicable a transportation security incident
until the security plan for that vessel or facility
operator is approved.
(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

Page 528

(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) ESPECIALLY HAZARDOUS CARGO DEFINED.—
In this subsection, the term ‘‘especially hazardous cargo’’ means anhydrous ammonia,
ammonium nitrate, chlorine, liquefied natural
gas, liquefied 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.
(f) 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.
(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; Pub. L. 115–254, div. J,
§§ 1805(d)(2), 1806, Oct. 5, 2018, 132 Stat. 3535, 3536;
Pub. L. 115–282, title IV, §§ 402(c), 408(d), Dec. 4,
2018, 132 Stat. 4264, 4268; Pub. L. 116–283, div. G,
title
LVXXXII
[LXXXII],
§ 8240(a),
title
LVXXXIII [LXXXIII], § 8344, title LVXXXV
[LXXXV], § 8507(d)(1), Jan. 1, 2021, 134 Stat. 4666,
4710, 4754.)
Editorial Notes
CODIFICATION
Section 1226(c) of Title 33, Navigation and Navigable
Waters, which was transferred and redesignated as sub-

Page 529

§ 70103

TITLE 46—SHIPPING

sec. (f) of this section by Pub. L. 115–282, title IV,
§§ 402(c)(1), 408(d)(1), Dec. 4, 2018, 132 Stat. 4264, 4268, was
based on section 7(c) of Pub. L. 92–340, as added by Pub.
L. 104–324, title III, § 302, Oct. 19, 1996, 110 Stat. 3917.
AMENDMENTS
2021—Subsec. (b)(3). Pub. L. 116–283, § 8344(1), amended
par. (3) generally. Prior to amendment, par. (3) read as
follows: ‘‘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.’’
Subsec. (c)(4). Pub. L. 116–283, § 8344(2), inserted ‘‘or
update’’ after ‘‘plan’’ wherever appearing.
Subsec. (e). Pub. L. 116–283, § 8240(a), amended subsec.
(e) generally. Prior to amendment, subsec. (e) consisted
of pars. (1) and (2) relating to enforcement of security
zones and resource deficiency reporting, respectively.
Subsec. (f). Pub. L. 116–283, § 8507(d)(1), repealed
amendments by Pub. L. 115–282, § 408(d). See 2018
Amendment notes below.
2018—Subsec. (a)(1). Pub. L. 115–254, § 1805(d)(2)(A),
substituted ‘‘The’’ for ‘‘Not later than April 1, 2005,
the’’.
Subsec. (a)(2)(K). Pub. L. 115–254, § 1805(d)(2)(B), added
subpar. (K).
Subsec. (b)(2)(H), (I). Pub. L. 115–254, § 1805(d)(2)(C),
added subpar. (H) and redesignated former subpar. (H)
as (I).
Subsec. (c)(3)(v), (vi). Pub. L. 115–254, § 1805(d)(2)(D),
added cl. (v) and redesignated former cl. (v) as (vi).
Subsec. (c)(4)(D). Pub. L. 115–254, § 1806, amended subpar. (D) generally. Prior to amendment, subpar. (D)
read as follows: ‘‘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.’’
Subsec. (f). Pub. L. 115–282, § 408(d)(2), which directed
substitution of ‘‘this chapter’’ for ‘‘this Act’’ identical
to amendment made by section 402(c)(2) of Pub. L.
115–282, was repealed by Pub. L. 116–283, § 8507(d)(1).
Pub. L. 115–282, § 402(c)(2), substituted ‘‘this chapter’’
for ‘‘this Act’’.
Pub. L. 115–282, § 408(d)(1), which directed redesignation and transfer of subsec. (c) of section 7 of Pub. L.
92–340 to subsec. (f) of this section identical to amendment made by section 402(c)(1) of Pub. L. 115–282, was
repealed by Pub. L. 116–283, § 8507(d)(1).
Pub. L. 115–282, § 402(c)(1), redesignated and transferred subsec. (c) of section 7 of Pub. L. 92–340 to subsec.
(f) of this section. See Codification note above.
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).
2004—Subsec. (a)(1). Pub. L. 108–458 substituted ‘‘Not
later than April 1, 2005, the Secretary’’ for ‘‘The Secretary’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by section 8507(d)(1) of div. G of Pub. L.
116–283 effective Dec. 4, 2018, as if included in Pub. L.
115—282, see section 8507(d)(7) of Pub. L. 116—283, set
out as a note under section 1226 of Title 33, Navigation
and Navigable Waters.
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment of section by section 1805(d) of Pub. L.
115–254 applicable 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 1805(a) of Pub. L. 115–254,
set out as a note under section 70112 of this title, see
section 1805(d)(3) of Pub. L. 115–254, set out as a note
under section 70102 of this title.
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.
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.’’
REVISION OF PORT SECURITY PLANNING GUIDE
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.’’

§ 70104

TITLE 46—SHIPPING

§ 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).
(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.)
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘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.
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.
DEADLINE
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.’’

§ 70105. Transportation security cards
(a) PROHIBITION.—(1) The Secretary shall prescribe regulations to prevent an individual from

Page 530

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;
(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;
(G) a member of the Armed Forces who—
(i) is undergoing separation, discharge, or
release from the Armed Forces under honorable conditions;
(ii) applies for a transportation security
card; and
(iii) is otherwise eligible for such a card;
and
(H) 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 sub-