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(1) carry out or require measures, including
inspections, port and harbor patrols, the establishment of security and safety zones, and
the development of contingency plans and procedures, to prevent or respond to acts of terrorism;
(2) recruit members of the Regular Coast
Guard and the Coast Guard Reserve and train
members of the Regular Coast Guard and the
Coast Guard Reserve in the techniques of preventing and responding to acts of terrorism;
and
(3) dispatch properly trained and qualified
armed Coast Guard personnel on vessels and
public or commercial structures on or adjacent to waters subject to United States jurisdiction to deter or respond to acts of terrorism
or transportation security incidents, as defined in section 70101 of title 46, United States
Code.
(c) DEFINITIONS, ADMINISTRATION, AND ENFORCEMENT.—This section shall be treated as
part of chapter 700 for purposes of sections 70031,
70032, 70034, 70035, and 70036.
(Added and amended Pub. L. 115–282, title IV,
§ 408(a), (b), Dec. 4, 2018, 132 Stat. 4268.)
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
70116 of this title by Pub. L. 115–282, title IV, § 402(b)(1),
Dec. 4, 2018, 132 Stat. 4264.
AMENDMENTS
2018—Pub. L. 115–282, § 408(a), 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, § 408(b), added subsec. (c).

§ 70103. Maritime transportation security plans
(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

RITY

§ 70103

(ii) Federal Maritime Security Coordinators required under this chapter.
(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
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 popu-

§ 70103

TITLE 46—SHIPPING

lation 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—
(A) review and approve Area Maritime
Transportation Security Plans under this subsection; and
(B) periodically review previously approved
Area Maritime Transportation Security Plans.
(4) In security zones designated by the Secretary in each Area Maritime Transportation
Security Plan, the Secretary shall consider—
(A) the use of public/private partnerships to
enforce security within the security zones,
shoreside protection alternatives, and the environmental, public safety, and relative effectiveness of such alternatives; and
(B) technological means of enhancing the security zones of port, territorial waters, and
waterways of the United States.
(c) VESSEL AND FACILITY SECURITY PLANS.—(1)
Within 6 months after the prescription of interim final regulations on vessel and facility security plans, an owner or operator of a vessel or
facility described in paragraph (2) shall prepare
and submit to the Secretary a security plan for
the vessel or facility, for deterring a transportation security incident to the maximum extent
practicable.
(2) The vessels and facilities referred to in
paragraph (1)—
(A) except as provided in subparagraph (B),
are vessels and facilities that the Secretary
believes may be involved in a transportation
security incident; and
(B) do not include any vessel or facility
owned or operated by the Department of Defense.

Page 486

(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
(I) in the case of a security plan for a facility, be resubmitted for approval of each
change in the ownership or operator of the facility that may substantially affect the security of the facility.
(4) The Secretary shall—
(A) promptly review each such plan;
(B) require amendments to any plan that
does not meet the requirements of this subsection;
(C) approve any plan that meets the requirements of this subsection; and
(D) subject to the availability of appropriations, 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.
(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

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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
(B) other information related to security
plans, procedures, or programs for vessels or
facilities authorized under this section or
sections 70102, 70104, and 70108.
(2) LIMITATIONS.—Nothing in paragraph (1)
shall be construed to authorize the designation of information as sensitive security information (as defined in section 1520.5 of title 49,
Code of Federal Regulations)—
(A) to conceal a violation of law, inefficiency, or administrative error;
(B) to prevent embarrassment to a person,
organization, or agency;
(C) to restrain competition; or
(D) to prevent or delay the release of information that does not require protection in
the interest of transportation security, including basic scientific research information
not clearly related to transportation security.
(e) ESPECIALLY HAZARDOUS CARGO.—
(1) ENFORCEMENT OF SECURITY ZONES.—Consistent with other provisions of Federal law,

the Coast Guard shall coordinate and be responsible for the enforcement of any Federal
security zone established by the Coast Guard
around a vessel containing especially hazardous cargo. The Coast Guard shall allocate
available resources so as to deter and respond
to a transportation security incident, to the
maximum extent practicable, and to protect
lives or protect property in danger.
(2) RESOURCE DEFICIENCY REPORTING.—
(A) IN GENERAL.—When the Secretary submits the annual budget request for a fiscal
year for the department in which the Coast
Guard is operating to the Office of Management and Budget, the Secretary shall provide to the Committees on Homeland Security and Transportation and Infrastructure
of the House of Representatives and the
Committee on Commerce, Science, and
Transportation of the Senate a report that
includes—
(i) for the last full fiscal year preceding
the report, a statement of the number of
security zones established for especially
hazardous cargo shipments;
(ii) for the last full fiscal year preceding
the report, a statement of the number of
especially hazardous cargo shipments provided a waterborne security escort, subdivided by Federal, State, local, or private
security; and
(iii) an assessment as to any additional
vessels, personnel, infrastructure, and
other resources necessary to provide waterborne escorts to those especially hazardous cargo shipments for which a security zone is established.
CARGO DEterm ‘‘especially hazardous cargo’’ means anhydrous
ammonia, ammonium nitrate, chlorine, liquefied natural gas, liquiefied petroleum gas,
and any other substance, material, or group
or class of material, in a particular amount
and form that the Secretary determines by
regulation poses a significant risk of creating a transportation security incident while
being transported in maritime commerce.

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

(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.)
CODIFICATION
Section 1226(c) of Title 33, Navigation and Navigable
Waters, which was transferred and redesignated as subsec. (f) of this section by Pub. L. 115–282, title IV,

§ 70104

TITLE 46—SHIPPING

§§ 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
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, §§ 402(c)(2), 408(d)(2),
amended subsec. (f) identically, substituting ‘‘this
chapter’’ for ‘‘this Act’’.
Pub. L. 115–282, §§ 402(c)(1), 408(d)(1), amended section
identically, redesignating and transferring subsec. (c)
of section 7 of Pub. L. 92–340 as 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’’.
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.

Page 488

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. 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.)

TRANSFER OF FUNCTIONS

CHANGE OF NAME

For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities

‘‘Administrator of the Federal Emergency Management Agency’’ and ‘‘Administrator’s’’ substituted for