1625-0113 Stat/Authority

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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
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

Page 572

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
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’’.

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,’’.

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 au-

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thoritatively 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
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 mem-

§ 70112

bers 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;
(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