1625-0043 Stat/Authority

§ 70053

TITLE 46—SHIPPING
Editorial Notes

(2) CLEARANCE UPON FILING OF BOND OR OTHER
SURETY.—The Secretary of the department in
which the Coast Guard is operating may require the filing of a bond or other surety as a
condition of granting clearance refused or revoked under this subsection.
(Added Pub. L. 115–282, title IV, § 407(c)(3), Dec. 4,
2018, 132 Stat. 4267; amended Pub. L. 116–283, div.
G, title LVXXXV [LXXXV], § 8507(a)(11), Jan. 1,
2021, 134 Stat. 4754.)
Editorial Notes
REFERENCES IN TEXT
Section 4197 of the Revised Statutes of the United
States, referred to in subsec. (e)(1), was classified to
section 91 of the former Appendix to this title, prior to
repeal and restatement as section 60105 of this title by
Pub. L. 109–304, §§ 9(b), 19, Oct. 6, 2006, 120 Stat. 1675,
1710.
CODIFICATION
Section, as added by Pub. L. 115–282, is based on acts
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; Pub. L. 115–282, title IV, § 407(c)(1), (2), Dec. 4, 2018,
132 Stat. 4267, which was formerly classified to section
192 of Title 50, War and National Defense, before being
transferred to this chapter and renumbered as this section.
AMENDMENTS
2021—Subsec. (e). Pub. L. 116–283 substituted ‘‘Secretary of the department in which the Coast Guard is
operating’’ for ‘‘Secretary’’ in pars. (1) and (2).

REFERENCES IN TEXT
Presidential Proclamation Number 5928, referred to
in par. (2), is Proc. No. 5928, Dec. 27, 1988, 54 F.R. 777,
which is set out as a note under section 1331 of Title 43,
Public Lands.

CHAPTER 701—PORT SECURITY
SUBCHAPTER I—GENERAL
Sec.

70101.
70102.
[70102a.
70103.
70104.
70105.
70106.
70107.
[70107A.
70108.
70109.
70110.
70111.
70112.
70113.
70114.
70115.
70116.
[70117.
70118.
70119.
70120.
70121.
70122.
70123.
70124.
70125.

§ 70053. Enforcement provisions
The President may employ such departments,
agencies, officers, or instrumentalities of the
United States as he may deem necessary to
carry out this subchapter.
(Added Pub. L. 115–282, title IV, § 407(d)(3), Dec. 4,
2018, 132 Stat. 4267.)

Page 520

Definitions.
United States facility and vessel vulnerability assessments.
Repealed.]
Maritime transportation security plans.
Transportation security incident response.
Transportation security cards.
Deployable, specialized forces.
Grants.
Repealed.]
Foreign port assessment.
Notifying foreign authorities.
Actions and assistance for foreign ports or facilities and United States territories.
Enhanced crewmember identification.
Maritime Security Advisory Committees.
Maritime intelligence.
Automatic identification systems.
Long-range vessel tracking system.
Port, harbor, and coastal facility security.
Repealed.]
Enforcement by State and local officers.
Civil penalty.
In rem liability for civil penalties and certain
costs.
Withholding of clearance.
Waterway Watch Program.
Mobile biometric identification.
Regulations.
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.
Editorial Notes

Editorial Notes
CODIFICATION
Section, as added by Pub. L. 115–282, is based on acts
June 15, 1917, ch. 30, title II, § 4, 40 Stat. 220; Aug. 9, 1950,
ch. 656, § 2, 64 Stat. 428; Pub. L. 115–282, title IV,
§ 407(d)(1), (2), Dec. 4, 2018, 132 Stat. 4267, which was formerly classified to section 194 of Title 50, War and National Defense, before being transferred to this chapter
and renumbered as this section.

§ 70054. Definitions
In this subchapter:
(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.
(Added Pub. L. 115–282, title IV, § 407(a), Dec. 4,
2018, 132 Stat. 4266.)

AMENDMENTS
2021—Pub. L. 116–283, div. G, title LVXXXV [LXXXV],
§ 8507(d)(1), Jan. 1, 2021, 134 Stat. 4754, repealed amendment by Pub. L. 115–282, § 408(c), and further provided
that the provisions of law amended by section 408 of
Pub. L. 115–282 are amended to read as if such section
were not enacted. See 2018 Amendment note below.
2018—Pub. L. 115–282, title IV, § 408(c), Dec. 4, 2018, 132
Stat. 4268, added item 70102a ‘‘Port, harbor, and coastal
facility security’’, prior to repeal by Pub. L. 116–283.
Pub. L. 115–282, title IV, § 402(b)(3), Dec. 4, 2018, 132
Stat. 4264, added item 70116.
2016—Pub. L. 114–120, title III, § 306(a)(8), Feb. 8, 2016,
130 Stat. 54, inserted a period at end of item 70107A and
substituted ‘‘Security Advisory Committees’’ for ‘‘security advisory committees’’ in item 70112 and ‘‘Watch
Program’’ for ‘‘watch program’’ in item 70122.
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 as-

Page 521

§ 70101

TITLE 46—SHIPPING

sistance 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
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
Editorial Notes
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.

(7) 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; Pub. L.
115–254, div. J, § 1805(b), Oct. 5, 2018, 132 Stat.
3534.)
Editorial Notes
REFERENCES IN TEXT
Section 227 of the Homeland Security Act of 2002 (6
U.S.C. 148), referred to in par. (2), was originally section
226 of title II of Pub. L. 107–296, as added Pub. L. 113–282,
§ 3(a), Dec. 18, 2014, 128 Stat. 3066; renumbered § 227 and
amended Pub. L. 114–113, div. N, title II, §§ 203, 223(a)(3),
Dec. 18, 2015, 129 Stat. 2957, 2963; Pub. L. 114–328, div. A,
title XVIII, § 1841(b), Dec. 23, 2016, 130 Stat. 2663, and
was renumbered title XXII, § 2209 of Pub. L. 107–296 by
Pub. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178,
and transferred to section 659 of Title 6, Domestic Security.
AMENDMENTS
2018—Pars. (2) to (7). Pub. L. 115–254 added par. (2) and
redesignated former pars. (2) to (6) as (3) to (7), respectively.
2006—Par. (6). Pub. L. 109–347 inserted at end ‘‘In this
paragraph, the term ‘economic disruption’ does not include a work stoppage or other employee-related action
not related to terrorism and resulting from an employee-employer dispute.’’
Statutory Notes and Related Subsidiaries
REGULATIONS

§ 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 ‘‘cybersecurity risk’’ has the
meaning given the term in section 227 of the
Homeland Security Act of 2002 (6 U.S.C. 148).1
(3) 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.
(4) The term ‘‘National Maritime Transportation Security Plan’’ means the National
Maritime Transportation Security Plan prepared and published under section 70103(a).
(5) 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.
(6) The term ‘‘Secretary’’ means the Secretary of the department in which the Coast
Guard is operating.
1 See

References in Text note below.

Pub. L. 107–295, title I, § 102(d), Nov. 25, 2002, 116 Stat.
2084, provided that:
‘‘(1) INTERIM FINAL RULE AUTHORITY.—The Secretary
shall issue an interim final rule as a temporary regulation implementing this section [enacting this subtitle
and provisions set out as notes under sections 70104 and
70114 of this title] (including the amendments made by
this section) as soon as practicable after the date of enactment of this section [Nov. 25, 2002], without regard
to the provisions of chapter 5 of title 5, United States
Code. All regulations prescribed under the authority of
this subsection that are not earlier superseded by final
regulations shall expire not later than 1 year after the
date of enactment of this Act [Nov. 25, 2002].
‘‘(2) INITIATION OF RULEMAKING.—The Secretary may
initiate a rulemaking to implement this section (including the amendments made by this section) as soon
as practicable after the date of enactment of this section. The final rule issued pursuant to that rulemaking
may supersede the interim final rule promulgated
under this subsection.’’
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 70101

TITLE 46—SHIPPING

MARITIME BORDER SECURITY COOPERATION
Pub. L. 115–254, div. J, § 1814, Oct. 5, 2018, 132 Stat.
3540, provided that: ‘‘The Secretary of the department
in which the Coast Guard is operating shall, in accordance with law—
‘‘(1) partner with other Federal, State, and local
government agencies to leverage existing technology,
including existing sensor and camera systems and
other sensors, in place along the maritime border to
facilitate monitoring of high-risk maritime borders,
as determined by the Secretary; and
‘‘(2) subject to the availability of appropriations,
enter into such agreements as the Secretary considers necessary to ensure the monitoring described
in paragraph (1).’’
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.
‘‘(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 offi-

Page 522

cials 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
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

Page 523

TITLE 46—SHIPPING

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
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.

§ 70101

‘‘(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.
‘‘(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, renum-

§ 70101

TITLE 46—SHIPPING

bered and amended by Pub. L. 113–284, § 2(a)(1), (2)(B),
Dec. 18, 2014, 128 Stat. 3089, which required an annual
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 this title, was repealed by Pub. L. 116–283, div.
G, title LVXXXII [LXXXII], § 8240(b), Jan. 1, 2021, 134
Stat. 4666.
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.
‘‘(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

Page 524

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 detectionrelated 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
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.

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

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-

Page 531

TITLE 46—SHIPPING

section (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.
(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,

§ 70105

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.
(xv) A violation of the chapter 96 of title
18 (popularly known as the Racketeer Influenced and Corrupt Organizations Act) 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);

§ 70105

TITLE 46—SHIPPING

(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) of 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).
(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)

Page 532

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 determined, 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

Page 533

TITLE 46—SHIPPING

§ 70105

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—
(1) develop and, no later than 2 years after
the date of enactment of the Elijah E.
Cummings Coast Guard Authorization Act of
2020, implement a joint application for merchant mariner’s documents under chapter 73
and for a transportation security card issued
under this section; and
(2) upon receipt of a joint application developed under paragraph (1) concurrently process
an application from an individual for merchant mariner’s documents under chapter 73
and an application from such individual for a
transportation security card under this section.

(j) PRIORITY PROCESSING FOR SEPARATING
SERVICE MEMBERS.—(1) The Secretary and the
Secretary of Defense shall enter into a memorandum of understanding regarding the submission and processing of applications for transportation security cards under subsection (b)(2)(G).
(2) Not later than 30 days after the submission
of such an application by an individual who is
eligible to submit such an application, the Secretary shall process and approve or deny the application unless an appeal or waiver applies or
further application documentation is necessary.
(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.

(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
(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.

(2) CORRELATION WITH TRANSPORTATION SECURITY CARDS.—
(A) IN GENERAL.—The pilot program de-

(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.

scribed 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
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

§ 70105

TITLE 46—SHIPPING

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 Determination 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 sec-

Page 534

tion 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;
Pub. L. 114–120, title III, § 306(a)(9), Feb. 8, 2016,
130 Stat. 54; Pub. L. 114–328, div. C, title XXXV,
§ 3509(a), Dec. 23, 2016, 130 Stat. 2780; Pub. L.
116–283, div. G, title LVXXXIII [LXXXIII], § 8346,
Jan. 1, 2021, 134 Stat. 4718.)
Editorial Notes
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 enactment of the Elijah E. Cummings
Coast Guard Authorization Act of 2020, referred to in
subsec. (g)(1), is the date of enactment of Pub. L.
116–283 which was approved Jan. 1, 2021.
The date of the enactment of the SAFE Port Act, referred to in subsecs. (k)(1)(C) and (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) and (l), is classified to section 901(1) of Title
6, Domestic Security.
AMENDMENTS
2021—Subsec. (g). Pub. L. 116–283 substituted ‘‘shall—
’’ and pars. (1) and (2) for ‘‘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.’’
2016—Subsec. (b)(2)(G), (H). Pub. L. 114–328, § 3509(a)(1),
added subpar. (G) and redesignated former subpar. (G)
as (H).
Subsec. (c)(1)(B)(xv). Pub. L. 114–120, § 306(a)(9)(A),
substituted ‘‘18 (popularly’’ for ‘‘18, popularly’’ and
‘‘Act)’’ for ‘‘Act’’.
Subsec. (c)(2). Pub. L. 114–120, § 306(a)(9)(B), substituted ‘‘(D) of paragraph’’ for ‘‘(D) paragraph’’ in introductory provisions.
Subsec. (j). Pub. L. 114–328, § 3509(a)(2), amended subsec. (j) generally. Prior to amendment, text read as follows: ‘‘Not later than January 1, 2009, the Secretary
shall process and issue or deny each application for a

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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.’’
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).
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).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2016 AMENDMENT
Pub. L. 114–328, div. C, title XXXV, § 3509(c), Dec. 23,
2016, 130 Stat. 2781, provided that: ‘‘Section 70105(j)(2) of
title 46, United States Code, as amended by this section, shall apply to applications for transportation security cards submitted after the expiration of the 180day period beginning on the date of the enactment of
this Act [Dec. 23, 2016].’’
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 MEMORANDUM
Pub. L. 114–328, div. C, title XXXV, § 3509(b), Dec. 23,
2016, 130 Stat. 2781, provided that: ‘‘The Secretary of the
department in which the Coast Guard is operating and
the Secretary of Defense shall enter into the memorandum of understanding required by the amendment
made by subsection (a)(2) by not later than 180 days
after the date of the enactment of this Act [Dec. 23,
2016].’’
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

§ 70105

check against the consolidated and integrated terrorist
watch list maintained by the Federal Government.’’
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
SECURITY CARD PROGRAM IMPROVEMENTS AND ASSESSMENT

Pub. L. 114–278, § 1, Dec. 16, 2016, 130 Stat. 1410, provided that:
‘‘(a) CREDENTIAL IMPROVEMENTS.—
‘‘(1) IN GENERAL.—Not later than 60 days after the
date of enactment of this Act [Dec. 16, 2016], the Administrator of the Transportation Security Administration shall commence actions, consistent with section 70105 of title 46, United States Code, to improve
the Transportation Security Administration’s process for vetting individuals with access to secure areas
of vessels and maritime facilities.
‘‘(2) REQUIRED ACTIONS.—The actions described
under paragraph (1) shall include—
‘‘(A) conducting a comprehensive risk analysis of
security threat assessment procedures, including—
‘‘(i) identifying those procedures that need additional internal controls; and
‘‘(ii) identifying best practices for quality assurance at every stage of the security threat assessment;
‘‘(B) implementing the additional internal controls and best practices identified under subparagraph (A);
‘‘(C) improving fraud detection techniques, such
as—
‘‘(i) by establishing benchmarks and a process
for electronic document validation;
‘‘(ii) by requiring annual training for Trusted
Agents; and
‘‘(iii) by reviewing any security threat assessment-related information provided by Trusted
Agents and incorporating any new threat information into updated guidance under subparagraph (D);
‘‘(D) updating the guidance provided to Trusted
Agents regarding the vetting process and related
regulations;
‘‘(E) finalizing a manual for Trusted Agents and
adjudicators on the vetting process; and
‘‘(F) establishing quality controls to ensure consistent procedures to review adjudication decisions
and terrorism vetting decisions.
‘‘(3) REPORT.—Not later than 2 years after the date
of enactment of this Act, the Inspector General of the
Department of Homeland Security shall submit a report to Congress that evaluates the implementation
of the actions described in paragraph (1).
‘‘(b) COMPREHENSIVE SECURITY ASSESSMENT OF THE
TRANSPORTATION SECURITY CARD PROGRAM.—
‘‘(1) IN GENERAL.—Not later than 60 days after the
date of enactment of this Act [Dec. 16, 2016], the Secretary of Homeland Security shall commission an assessment of the effectiveness of the transportation
security card program (referred to in this section as
‘Program’) required under section 70105 of title 46,
United States Code, at enhancing security and reducing security risks for facilities and vessels regulated
under chapter 701 of that title.
‘‘(2) LOCATION.—The assessment commissioned
under paragraph (1) shall be conducted by a research
organization with significant experience in port or
maritime security, such as—
‘‘(A) a national laboratory;
‘‘(B) a university-based center within the Science
and Technology Directorate’s centers of excellence
network; or
‘‘(C) a qualified Federally-funded research and development center.
‘‘(3) CONTENTS.—The assessment commissioned
under paragraph (1) shall—
‘‘(A) review the credentialing process by determining—
‘‘(i) the appropriateness of vetting standards;
‘‘(ii) whether the fee structure adequately reflects the current costs of vetting;

§ 70105

TITLE 46—SHIPPING

‘‘(iii) whether there is unnecessary redundancy
or duplication with other Federal- or State-issued
transportation security credentials; and
‘‘(iv) the appropriateness of having varied Federal and State threat assessments and access controls;
‘‘(B) review the process for renewing applications
for Transportation Worker Identification Credentials, including the number of days it takes to review application, appeal, and waiver requests for
additional information; and
‘‘(C) review the security value of the Program
by—
‘‘(i) evaluating the extent to which the Program, as implemented, addresses known or likely
security risks in the maritime and port environments;
‘‘(ii) evaluating the potential for a non-biometric credential alternative;
‘‘(iii) identifying the technology, business process, and operational impacts of the use of the
transportation security card and transportation
security card readers in the maritime and port
environments;
‘‘(iv) assessing the costs and benefits of the Program, as implemented; and
‘‘(v) evaluating the extent to which the Secretary of Homeland Security has addressed the
deficiencies in the Program identified by the Government Accountability Office and the Inspector
General of the Department of Homeland Security
before the date of enactment of this Act.
‘‘(4) DEADLINES.—The assessment commissioned
under paragraph (1) shall be completed not later than
1 year after the date on which the assessment is commissioned.
‘‘(5) SUBMISSION TO CONGRESS.—Not later than 60
days after the date that the assessment is completed,
the Secretary of Homeland Security shall submit to
the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives the results of the assessment commissioned under this subsection.
‘‘(c) CORRECTIVE ACTION PLAN; PROGRAM REFORMS.—If
the assessment commissioned under subsection (b)
identifies a deficiency in the effectiveness of the Program, the Secretary of Homeland Security, not later
than 60 days after the date on which the assessment is
completed, shall submit a corrective action plan to the
Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security and the Committee on Transportation
and Infrastructure of the House of Representatives
that—
‘‘(1) responds to findings of the assessment;
‘‘(2) includes an implementation plan with benchmarks;
‘‘(3) may include programmatic reforms, revisions
to regulations, or proposals for legislation; and
‘‘(4) shall be considered in any rulemaking by the
Department of Homeland Security relating to the
Program.
‘‘(d) INSPECTOR GENERAL REVIEW.—If a corrective action plan is submitted under subsection (c), the Inspector General of the Department of Homeland Security
shall—
‘‘(1) not later than 120 days after the date of such
submission, review the extent to which such plan implements the requirements under subsection (c); and
‘‘(2) not later than 18 months after the date of such
submission, and annually thereafter for 3 years, submit a report to the congressional committees set
forth in subsection (c) that describes the progress of
the implementation of such plan.’’

Page 536

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

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TITLE 46—SHIPPING

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.’’

(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.)
Editorial Notes

§ 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 protect 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;

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’’.
Statutory Notes and Related Subsidiaries
COAST GUARD DETECTION CANINE TEAM PROGRAM
EXPANSION
Pub. L. 111–281, title VIII, § 805, Oct. 15, 2010, 124 Stat.
2991, provided that:
‘‘(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

§ 70107

TITLE 46—SHIPPING

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 public safety 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
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. 5196(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—
(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.

Page 538

(8) The cost of training public safety 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 public safety personnel in the enforcement of security zones under section
70132 of this title or in assisting in the enforcement of such security zones.
COOPERATION AGREEshall ensure that
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.
(d) COORDINATION AND
MENTS.—The
Secretary

(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.

Page 539

TITLE 46—SHIPPING

(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 expenditures 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—

§ 70107

(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
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

§ 70107

TITLE 46—SHIPPING

Page 540

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;
(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.

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 the applicant has an established, nationally recognized program in
disciplines 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.

(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.

(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.

(3) NATIONAL PORT SECURITY CENTERS.—
(A) IN GENERAL.—The Secretary may make
grants or enter into cooperative agreements
with eligible nonprofit institutions of higher

(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 sub-

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section 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; Pub. L.
114–120, title III, § 306(a)(10), Feb. 8, 2016, 130 Stat.
54; Pub. L. 116–283, div. G, title LVXXXIII
[LXXXIII], § 8314(1), Jan. 1, 2021, 134 Stat. 4699.)
Editorial Notes
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
2021—Subsec. (a). Pub. L. 116–283, § 8314(1)(A), substituted ‘‘public safety personnel’’ for ‘‘law enforcement personnel’’.
Subsec. (b)(8). Pub. L. 116–283, § 8314(1)(B), substituted
‘‘public safety personnel—’’ for ‘‘law enforcement personnel—’’ in introductory provisions.
Subsec. (c)(2)(C). Pub. L. 116–283, § 8314(1)(C), substituted ‘‘public safety personnel’’ for ‘‘law enforcement agency personnel’’.
2016—Subsec. (b)(2). Pub. L. 114–120, § 306(a)(10)(A),
substituted ‘‘5196(j)(8)),’’ for ‘‘5121(j)(8)),’’ in introductory provisions.
Subsec. (m)(3)(C)(iii). Pub. L. 114–120, § 306(a)(10)(B),
substituted ‘‘that the applicant’’ for ‘‘that is’’.
2010—Subsec. (a). Pub. L. 111–281, § 828(b)(1), substituted ‘‘services and to train law enforcement personnel 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 eligi-

ble 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.
Statutory Notes and Related Subsidiaries
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.’’
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

[§ 70107A

TITLE 46—SHIPPING

542 of Title 6. For establishment of U.S. Customs and
Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of
Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L.
114–125, set out as a note under section 211 of Title 6.

[§ 70107A. Repealed. Pub. L. 115–254, div. J,
§ 1809(a)(1), Oct. 5, 2018, 132 Stat. 3537]
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, related to
interagency operational centers for port security.
Statutory Notes and Related Subsidiaries
SAVINGS CLAUSE
Pub. L. 115–254, div. J, § 1809(a)(2), Oct. 5, 2018, 132
Stat. 3537, provided that: ‘‘A repeal made by this subsection [repealing this section] shall not affect an
interagency operational center established before the
date of enactment of this Act [Oct. 5, 2018].’’
NOTICE TO CONGRESS
Pub. L. 115–254, div. J, § 1809(a)(3), Oct. 5, 2018, 132
Stat. 3537, provided that: ‘‘The Secretary of Homeland
Security shall notify the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Homeland Security and the Committee
on Transportation and Infrastructure of the House of
Representatives at least 1 year before ceasing operations of any interagency operational center established before the date of enactment of the Security and
Accountability for Every Port Act of 2006 (Public Law
109–347; 120 Stat. 1884) [Oct. 13, 2006].’’
REPORT REQUIREMENT
Pub. L. 109–347, title I, § 108(b), Oct. 13, 2006, 120 Stat.
1893, as amended by Pub. L. 115–254, div. J, § 1809(c)(2),
Oct. 5, 2018, 132 Stat. 3538, related to continued compliance with requirements of section 807 of Pub. L. 108–293
(118 Stat. 1082). Amendment by Pub. L. 115–254 substituted ‘‘[Reserved].’’ for text of subsec. (b).

§ 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—

Page 542

(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.
(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.
(f) RECOGNITION OF ASSESSMENT CONDUCTED BY
OTHER ENTITIES.—
(1) CERTIFICATION AND TREATMENT OF ASSESSMENTS.—For the purposes of this section and
section 70109, the Secretary may treat an assessment that a foreign government (including, for the purposes of this subsection, an entity of or operating under the auspices of the
European Union) or international organization
has conducted as an assessment that the Secretary has conducted for the purposes of subsection (a), provided that the Secretary certifies that the foreign government or international organization has—
(A) conducted the assessment in accordance with subsection (b); and
(B) provided the Secretary with sufficient
information pertaining to its assessment (including, but not limited to, information on
the outcome of the assessment).
(2) AUTHORIZATION TO ENTER INTO AN AGREEMENT.—For the purposes of this section and
section 70109, the Secretary, in consultation
with the Secretary of State, may enter into an
agreement with a foreign government (including, for the purposes of this subsection, an entity of or operating under the auspices of the
European Union) or international organization, under which parties to the agreement—
(A) conduct an assessment, required under
subsection (a);
(B) share information pertaining to such
assessment (including, but not limited to,
information on the outcome of the assessment); or
(C) both.
(3) LIMITATIONS.—Nothing in this subsection
shall be construed to—
(A) require the Secretary to recognize an
assessment that a foreign government or an
international organization has conducted; or
(B) limit the discretion or ability of the
Secretary to conduct an assessment under
this section.
(4) NOTIFICATION TO CONGRESS.—Not later
than 30 days before entering into an agreement or arrangement with a foreign govern-

Page 543

TITLE 46—SHIPPING

ment under paragraph (2), the Secretary shall
notify the Committee on Homeland Security
and the Committee on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science,
and Transportation of the Senate of the proposed terms of such agreement or arrangement.
(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; Pub. L. 114–120, title III,
§ 317, Feb. 8, 2016, 130 Stat. 62.)
Editorial Notes
AMENDMENTS
2016—Subsec. (f). Pub. L. 114–120 added subsec. (f).
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.)
Editorial Notes
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)

§ 70110

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 security 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

§ 70111

TITLE 46—SHIPPING

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
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.)
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
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

Page 544

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.)
Editorial Notes
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’’.
Statutory Notes and Related Subsidiaries
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) NATIONAL MARITIME SECURITY ADVISORY
COMMITTEE.—
(1) ESTABLISHMENT.—There is established a
National Maritime Security Advisory Committee (in this subsection referred to as the
‘‘Committee’’).
(2) FUNCTION.—The Committee shall advise
the Secretary on matters relating to national
maritime security, including on enhancing the

Page 545

TITLE 46—SHIPPING

sharing
of
information
related
to
cybersecurity risks that may cause a transportation security incident, between relevant
Federal agencies and—
(A) State, local, and tribal governments;
(B) relevant public safety and emergency
response agencies;
(C) relevant law enforcement and security
organizations;
(D) maritime industry;
(E) port owners and operators; and
(F) terminal owners and operators.
(3) MEMBERSHIP.—
(A) IN GENERAL.—The Committee shall
consist of at least 8 members, but not more
than 21 members, appointed by the Secretary in accordance with this subsection
and section 15109 of this title.
(B) EXPERTISE.—Each member of the Committee shall have particular expertise,
knowledge, and experience in matters relating to the function of the Committee.
(C) REPRESENTATION.—Each of the following shall be represented by at least 1
member of the Committee:
(i) Port authorities.
(ii) Facilities owners and operators.
(iii) Terminal owners and operators.
(iv) Vessel owners and operators.
(v) Maritime labor organizations.
(vi) The academic community.
(vii) State and local governments.
(viii) The maritime industry.
(D) DISTRIBUTION.—If the Committee consists of at least 8 members who, together,
satisfy the minimum representation requirements of subparagraph (C), the Secretary
shall, based on the needs of the Coast Guard,
determine the number of additional members of the Committee who represent each
entity specified in that subparagraph. Neither this subparagraph nor any other provision of law shall be construed to require an
equal distribution of members representing
each entity specified in subparagraph (C).
(4) ADMINISTRATION.—For purposes of section
15109 of this title, the Committee shall be
treated as a committee established under
chapter 151 of such title.
(b) AREA MARITIME SECURITY ADVISORY COMMITTEES.—
(1) IN GENERAL.—
(A) ESTABLISHMENT.—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) ADDITIONAL FUNCTIONS AND MEETINGS.—
A committee established under this subsection for an area—
(i) may advise, consult with, report to,
and make recommendations to the Secretary on matters relating to maritime security in that area;

§ 70112

(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.
(2) MEMBERSHIP.—
(A) IN GENERAL.—Each committee established under this subsection shall consist of
at least 7 members appointed by the Secretary, each of whom has at least 5 years
practical experience in maritime security
operations.
(B) TERMS.—The term of each member of a
committee established under this subsection
shall be for a period of not more than 5
years, specified by the Secretary.
(C) NOTICE.—Before appointing an individual to a position on a committee established under this subsection, the Secretary
shall publish a notice in the Federal Register soliciting nominations for membership
on the committee.
(D) BACKGROUND EXAMINATIONS.—The Secretary may require an individual to have
passed an appropriate security background
examination before appointment to a committee established under this subsection.
(E) REPRESENTATION.—Each committee established under this subsection shall be composed of individuals who represent the interests of the port industry, terminal operators,
port labor organizations, and other users of
the port areas.
(3) CHAIRPERSON AND VICE CHAIRPERSON.—
(A) IN GENERAL.—Each committee established under this subsection shall elect 1 of
the committee’s members as the Chairperson and 1 of the committee’s members as
the Vice Chairperson.
(B) VICE CHAIRPERSON ACTING AS CHAIRPERSON.—The Vice Chairperson shall act as
Chairperson in the absence or incapacity of
the Chairperson, or in the event of a vacancy
in the office of the Chairperson.
(4) OBSERVERS.—
(A) IN GENERAL.—The Secretary shall, and
the head of any other interested Federal
agency may, designate a representative to
participate as an observer with a committee
established under this subsection.
(B) ROLE.—The Secretary’s designated representative to a committee established
under this subsection 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.).
(5) CONSIDERATION OF VIEWS.—The Secretary
shall consider the information, advice, and
recommendations of each committee established under this subsection in formulating
policy regarding matters affecting maritime
security.
(6) COMPENSATION AND EXPENSES.—
(A) IN GENERAL.—A member of a committee established under this subsection,

§ 70112

TITLE 46—SHIPPING

when attending meetings of the committee
or when otherwise engaged in the business of
the committee, is entitled to receive—
(i) 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
(ii) travel or transportation expenses
under section 5703 of title 5.
(B) STATUS.—A member of a committee established under this subsection shall not be
considered to be an officer or employee of
the United States for any purpose based on
the receipt of any payment under this paragraph.
(7) FACA.—The Federal Advisory Committee
Act (5 U.S.C. App.) does not apply to a committee established under this subsection.
(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; Pub. L. 115–254, div. J, § 1805(c)(1),
Oct. 5, 2018, 132 Stat. 3534; Pub. L. 115–282, title
VI, § 602(a), Dec. 4, 2018, 132 Stat. 4290.)
Editorial Notes
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (b)(4)(B), (7), is Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 770, which is set out in the Appendix to Title 5,
Government Organization and Employees.
AMENDMENTS
2018—Pub. L. 115–282, § 602(a), amended section generally. Prior to amendment, section required Secretary
to establish a National Maritime Security Advisory
Committee and authorized Secretary to establish an
Area Maritime Security Advisory Committee for any
port area of the United States.
Subsec. (a)(1)(A). Pub. L. 115–254 inserted ‘‘, including
on enhancing the sharing of information related to
cybersecurity risks that may cause a transportation security incident, between relevant Federal agencies
and—’’ in introductory provisions and added cls. (i) to
(vi).
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).
Statutory Notes and Related Subsidiaries
TREATMENT OF EXISTING COMMITTEE
Pub. L. 115–282, title VI, § 602(b), Dec. 4, 2018, 132 Stat.
4293, provided that: ‘‘Notwithstanding any other provision of law—
‘‘(1) an advisory committee substantially similar to
the National Maritime Security Advisory Committee
established under section 70112(a) of title 46, United
States Code, as amended by this section, and that
was in force or in effect on the day before the date of

Page 546

enactment of this section [Dec. 4, 2018], may remain
in force or in effect for a period of 2 years from the
date of enactment of this section, including that the
charter, membership, and other aspects of the committee may remain in force or in effect; and
‘‘(2) during the 2-year period referenced in paragraph (1)—
‘‘(A) requirements relating to the National Maritime Security Advisory Committee established
under section 70112(a) of title 46, United States
Code, as amended by this section, shall be treated
as satisfied by the substantially similar advisory
committee; and
‘‘(B) the enactment of this section, including the
amendments made in this section, shall not be the
basis—
‘‘(i) to deem, find, or declare such committee,
including the charter, membership, and other aspects thereof, void, not in force, or not in effect;
‘‘(ii) to suspend the activities of such committee; or
‘‘(iii) to bar the members of such committee
from meeting.’’
CYBERSECURITY INFORMATION SHARING AND
COORDINATION IN PORTS
Pub. L. 115–254, div. J, § 1805(a), Oct. 5, 2018, 132 Stat.
3533, provided that:
‘‘(a) MARITIME CYBERSECURITY RISK ASSESSMENT
MODEL.—The Secretary of Homeland Security, through
the Commandant of the Coast Guard and the Under
Secretary responsible for overseeing the critical infrastructure protection, cybersecurity, and other related
programs of the Department of Homeland Security,
shall—
‘‘(1) not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], coordinate with the
National Maritime Security Advisory Committee, the
Area Maritime Security Advisory Committees, and
other maritime stakeholders, as necessary, to develop and implement a maritime cybersecurity risk
assessment model, consistent with the activities described in section 2(e) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(e)), to
evaluate current and future cybersecurity risks that
have the potential to affect the marine transportation system or that would cause a transportation
security incident (as defined in section 70101 of title
46, United States Code) in ports; and
‘‘(2) not less than biennially thereafter, evaluate
the effectiveness of the cybersecurity risk assessment
model established under paragraph (1).’’
INFORMATION SHARING
Pub. L. 115–254, div. J, § 1805(c)(2), Oct. 5, 2018, 132
Stat. 3534, provided that: ‘‘The Commandant of the
Coast Guard and the Under Secretary responsible for
overseeing the critical infrastructure protection,
cybersecurity, and other related programs of the Department of Homeland Security shall—
‘‘(A) ensure there is a process for each Area Maritime Security Advisory Committee established under
section 70112 of title 46, United States Code—
‘‘(i) to facilitate the sharing of information related to cybersecurity risks that may cause transportation security incidents;
‘‘(ii) to timely report transportation security incidents to the national level; and
‘‘(iii) to disseminate such reports across the entire maritime transportation system via the National Cybersecurity and Communications Integration Center; and
‘‘(B) issue voluntary guidance for the management
of such cybersecurity risks in each Area Maritime
Transportation Security Plan and facility security
plan required under section 70103 of title 46, United
States Code, approved after the date that the
cybersecurity risk assessment model is developed
under subsection (a) of this section [set out as a note
above].’’

Page 547

§ 70115

TITLE 46—SHIPPING

§ 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 shipments. 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.)
Editorial Notes
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.)

Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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’’.
Statutory Notes and Related Subsidiaries
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

§ 70116

TITLE 46—SHIPPING

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. Port, harbor, and coastal facility security
(a) GENERAL AUTHORITY.—The Secretary may
take actions described in subsection (b) to prevent or respond to an act of terrorism, cyber incidents, transnational organized crime, and foreign state threats 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),
the Secretary may—
(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 cyber 1 incidents, transnational organized crime, and foreign state threats;
(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
cyber 1 incidents, transnational organized
crime, and foreign state threats; and
(3) dispatch properly trained and qualified,
armed (as needed), 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, cyber incidents, transnational organized crime, foreign state threats, or transportation security incidents, as defined in section
70101 of title 46, United States Code.
(c) DEFINITIONS, ADMINISTRATION, AND ENFORCEMENT.—This section shall be treated as
part of chapter 700 for purposes of sections 70031,
70032, 70033, 70035, and 70036. When preventing or
responding to acts of terrorism, cyber incidents,
transnational organized crime, or foreign state
threats, the Secretary may carry out this section without regard to chapters 5 and 6 of title
5 or Executive Order Nos. 12866 and 13563.
(Added and amended Pub. L. 115–282, title IV,
§ 402(b)(1), (2), Dec. 4, 2018, 132 Stat. 4264; Pub. L.
116–283, div. G, title LVXXXIII [LXXXIII], § 8341,
Jan. 1, 2021, 134 Stat. 4709.)
1 So

in original. Probably should be preceded by a comma.

Page 548
Editorial Notes
REFERENCES IN TEXT

Executive Order Nos. 12866 and 13563, referred to in
subsec. (c), are set out as notes under section 601 of
Title 5, Government Organization and Employees.
CODIFICATION
Section, as added and amended by Pub. L. 115–282, is
based on subsecs. (a) and (b) of Pub. L. 92–340, § 7, as
added Pub. L. 99–399, title IX, § 906, Aug. 27, 1986, 100
Stat. 890; amended Pub. L. 107–295, title I, § 107(a), Nov.
25, 2002, 116 Stat. 2088, which was formerly classified to
section 1226(a), (b) of Title 33, Navigation and Navigable
Waters, before being transferred to this chapter and renumbered as this section. Subsections (a) and (b) of section 7 of Pub. L. 92–340 were also renumbered as section
70102a of this title by Pub. L. 115–282, title IV, § 408(a),
Dec. 4, 2018, 132 Stat. 4268.
PRIOR PROVISIONS
A prior section 70116, added Pub. L. 107–295, title I,
§ 102(a), Nov. 25, 2002, 116 Stat. 2083, related to secure
systems of transportation, prior to repeal by Pub. L.
115–254, div. J, § 1809(b), Oct. 5, 2018, 132 Stat. 3538.
AMENDMENTS
2021—Subsec. (a). Pub. L. 116–283, § 8341(1), inserted
‘‘, cyber incidents, transnational organized crime, and
foreign state threats’’ after ‘‘an act of terrorism’’ in introductory provisions.
Subsec. (b)(1), (2). Pub. L. 116–283, § 8341(2)(A), inserted
‘‘cyber incidents, transnational organized crime, and
foreign state threats’’ after ‘‘terrorism’’.
Subsec. (b)(3). Pub. L. 116–283, § 8341(2)(B), substituted
‘‘, armed (as needed),’’ for ‘‘armed’’ and ‘‘terrorism,
cyber incidents, transnational organized crime, foreign
state threats, or transportation security incidents,’’ for
‘‘terrorism or transportation security incidents,’’.
Subsec. (c). Pub. L. 116–283, § 8341(3), substituted
‘‘70033,’’ for ‘‘70034,’’ and inserted at end ‘‘When preventing or responding to acts of terrorism, cyber incidents, transnational organized crime, or foreign state
threats, the Secretary may carry out this section without regard to chapters 5 and 6 of title 5 or Executive
Order Nos. 12866 and 13563.’’
2018—Pub. L. 115–282, § 402(b)(1), transferred section
catchline and subsecs. (a) and (b) of section 7 of Pub. L.
92–340 to this chapter and redesignated them as this
section. See Codification note above. Catchline text
was editorially conformed to the style used in this
title.
Subsec. (c). Pub. L. 115–282, § 402(b)(2), added subsec.
(c).

[§ 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.
Editorial Notes
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 ar-

Page 549

rest for violation of a security zone regulation
prescribed under section 1 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) 1 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
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.)
Editorial Notes
REFERENCES IN TEXT
Section 1 of title II of the Act of June 15, 1917, referred to in subsec. (a), which was classified to section
191 of Title 50, War and National Defense, was redesignated and transferred to section 70051 of this title by
Pub. L. 115–282, title IV, § 407(b)(1), (5), Dec. 4, 2018, 132
Stat. 4267.
Section 7(b) of the Ports and Waterways Safety Act,
referred to in subsec. (a), which was classified to section 1226(b) of Title 33, Navigation and Navigable Waters, was redesignated and transferred to section
70116(b) of this title by Pub. L. 115–282, title IV,
§ 402(b)(1), Dec. 4, 2018, 132 Stat. 4264. A duplicate transfer to section 70102a(b) of this title by section 408(a) of
Pub. L. 115–282 was repealed by Pub. L. 116–283, div. G,
title LVXXXV [LXXXV], § 8507(d)(1), Jan. 1, 2021, 134
Stat. 4754.
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.
Statutory Notes and Related Subsidiaries
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 en1 See

§ 70120

TITLE 46—SHIPPING

References in Text note below.

acted, 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.)
Editorial Notes
CODIFICATION
Another section 70119 was renumbered section 70118 of
this title.
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
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

§ 70121

TITLE 46—SHIPPING

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.)
Editorial Notes
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’’.
Statutory Notes and Related Subsidiaries
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.

§ 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
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.)
Editorial Notes
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)’’.

Page 550

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’’.
Statutory Notes and Related Subsidiaries
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
(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.
(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.

Page 551

TITLE 46—SHIPPING

(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; amended Pub. L. 114–120, title
III, § 306(a)(11), Feb. 8, 2016, 130 Stat. 55.)
Editorial Notes
AMENDMENTS
2016—Pub. L. 114–120 substituted ‘‘Watch Program’’
for ‘‘watch program’’ in section catchline.

§ 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.)
Editorial Notes
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
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.

§ 70125

(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

§ 70131

TITLE 46—SHIPPING

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.)
Editorial Notes
REFERENCES IN TEXT

Page 552

(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 1
of title II of the Act of June 15, 1917 (50 U.S.C.
191) or section 7(b) 1 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.)
Editorial Notes
REFERENCES IN TEXT
Section 1 of title II of the Act of June 15, 1917, referred to in par. (2), which was classified to section 191
of Title 50, War and National Defense, was redesignated
and transferred to section 70051 of this title by Pub. L.
115–282, title IV, § 407(b)(1), (5), Dec. 4, 2018, 132 Stat.
4267.
Section 7(b) of the Ports and Waterways Safety Act,
referred to in par. (2), which was classified to section
1226(b) of Title 33, Navigation and Navigable Waters,
was redesignated and transferred to section 70116(b) of
this title by Pub. L. 115–282, title IV, § 402(b)(1), Dec. 4,
2018, 132 Stat. 4264. A duplicate transfer to section
70102a(b) of this title by section 408(a) of Pub. L. 115–282
was repealed by Pub. L. 116–283, div. G, title LVXXXV
[LXXXV], § 8507(d)(1), Jan. 1, 2021, 134 Stat. 4754.
AMENDMENTS

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.

2010—Pub. L. 111–330 amended Pub. L. 111–281, § 828(a),
which enacted this section.

AMENDMENTS

Statutory Notes and Related Subsidiaries

2010—Pub. L. 111–330 amended Pub. L. 111–281, § 821(a),
which enacted this section.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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
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.

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 public safety 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) public safety personnel to enforce a
security zone;
(ii) public safety personnel to enforce or
assist in the enforcement of a security
zone; and
1 See

References in Text note below.

Page 553

§ 70301

TITLE 46—SHIPPING

(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 agency) 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 public safety personnel who enforce
or assist in the enforcement of a security
zone; and
(B) on an availability basis to—
(i) public safety 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.
(d) PUBLIC SAFETY PERSONNEL DEFINED.—For
the purposes of this section, the term ‘‘public
safety personnel’’ includes any Federal, State
(or political subdivision thereof), territorial, or
Tribal law enforcement officer, firefighter, or
emergency response provider.
(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; Pub. L.
116–283, div. G, title LVXXXIII [LXXXIII],
§ 8314(2), Jan. 1, 2021, 134 Stat. 4699.)
Editorial Notes
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
2021—Subsec. (a). Pub. L. 116–283, § 8314(2)(A), substituted ‘‘public safety personnel—’’ for ‘‘law enforcement personnel—’’ in introductory provisions.
Subsec. (b). Pub. L. 116–283, § 8314(2)(B), substituted
‘‘public safety personnel’’ for ‘‘law enforcement personnel’’ wherever appearing.
Subsec. (d). Pub. L. 116–283, § 8314(2)(C), added subsec.
(d).
2010—Pub. L. 111–330 amended Pub. L. 111–281, § 828(a),
which enacted this section.
Statutory Notes and Related Subsidiaries
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.

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