2008—Pub. L. 110–181, div. C, title XXXV, §3529(c)(1), Jan. 28, 2008, 122 Stat. 603, repealed Pub. L. 109–304, §9(a). See 2006 Amendment note below.
2006—Pub. L. 109–304, §10(1), Oct. 6, 2006, 120 Stat. 1683, amended analysis generally, substituting “Security and Drug Enforcement” for “Miscellaneous” in subtitle heading and adding items 703 and 705.
Pub. L. 109–304, §9(a), Oct. 6, 2006, 120 Stat. 1674, which directed amendment identical to that made by Pub. L. 109–241, was repealed by Pub. L. 110–181, §3529(c)(1), with Pub. L. 109–304, §9(a), to be treated as if never enacted. See note below.
Pub. L. 109–241, title IX, §901(k)(1), July 11, 2006, 120 Stat. 564, redesignated subtitle VI of this title as subtitle VII.
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 assistance 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”.
1 So in original. Probably should be followed by a period.
2 So in original. Does not conform to section catchline.
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.
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 “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.
(3) The term “National Maritime Transportation Security Plan” means the National Maritime Transportation Security Plan prepared and published under section 70103(a).
(4) 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.
(5) The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.
(6) 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.)
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.”
Pub. L. 107–295, title I, §102(d), Nov. 25, 2002, 116 Stat. 2084, provided that:
“(1)
“(2)
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.
Pub. L. 111–281, title VIII, §812, Oct. 15, 2010, 124 Stat. 2995, provided that:
“(a)
“(1)
“(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 officials 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)
“(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 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 cost-sharing.
“(3)
“(A) the Congress; or
“(B) first responders requiring such information for the protection of life or property.
“(4)
“(b)
“(c)
“(d)
“(1)
“(2)
“(3)
Pub. L. 111–281, title VIII, §827, Oct. 15, 2010, 124 Stat. 3004, provided that:
“(a)
“(b)
“(c)
“(d)
Pub. L. 108–458, title IV, §4071, Dec. 17, 2004, 118 Stat. 3729, provided that:
“(a)
“(1)
“(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)
“(b)
“(c)
“(1)
“(2)
“(d)
Pub. L. 108–293, title VIII, §809(g)–(i), (k), Aug. 9, 2004, 118 Stat. 1087, 1088, provided that:
“(g)
“(1) the effectiveness of the current tracking system to determine whether it is adequate to prevent international intermodal containers from being used for purposes of terrorism;
“(2) the sources of information, and the quality of the information at the time of reporting, used by the system to determine whether targeting information is collected from the best and most credible sources and evaluate data sources to determine information gaps and weaknesses;
“(3) the targeting system for reporting and analyzing inspection statistics, as well as testing effectiveness;
“(4) the competence and training of employees operating the system to determine whether they are sufficiently capable to detect potential terrorist threats; and
“(5) whether the system is an effective system to detect potential acts of terrorism and whether additional steps need to be taken in order to remedy deficiencies in targeting international intermodal containers for inspection.
“(h)
“(i)
“(k)
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. Twenty-five 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 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 detection-related 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.”
Pub. L. 107–295, title I, §109, Nov. 25, 2002, 116 Stat. 2090, provided that:
“(a)
“(1)
“(2)
“(b)
“(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.
“(3) The provision of off-site training and certification courses and certified personnel at United States and foreign ports used by United States-flagged vessels, or by foreign-flagged vessels with United States citizens as passengers or crewmembers, to develop and enhance security awareness and practices.
“(c)
“(1)
“(2)
“(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)
“(e)
“(f)
[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.]
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.”
Pub. L. 107–295, title I, §112, Nov. 25, 2002, 116 Stat. 2092, which required the Secretary of the department in 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.
(a)
(b)
(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, 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.
(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)
(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.
(Added Pub. L. 107–295, title I, §102(a), Nov. 25, 2002, 116 Stat. 2068; amended Pub. L. 108–458, title IV, §4072(b), Dec. 17, 2004, 118 Stat. 3730; Pub. L. 111–281, title VIII, §822, Oct. 15, 2010, 124 Stat. 3003.)
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.
(a)
(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.
(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.
(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)
(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; and
(H) 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)
(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; and
(v) 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, 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.
(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)
(1)
(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)
(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)
(1)
(2)
(A)
(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.
(B)
(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.)
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”.
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.
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.”
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.”
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.”
(a)
(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)
(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.)
“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.
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.
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.”
(a)
(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)
(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; and
(G) 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)
(1)
(A)
(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)
(i) Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, 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 1 or a comparable State law, other than any of the violations listed in subparagraph (A)(x).
(C)
(D)
(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);
(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)
(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) 2 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)
(A)
(B)
(C)
(D)
(i)
(ii)
(iii)
(E)
(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)
(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 security-related information or database identified by the Attorney General for purposes of such a background records check.
(e)
(2) Any information constituting grounds for denial of a transportation security card under this section shall be maintained confidentially 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)
(g)
(h)
(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.
(i)
(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.
(j)
(k)
(1)
(A)
(B)
(C)
(2)
(A)
(B)
(3)
(4)
(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 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)
(m)
(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)
(p)
(q)
(1)
(2)
(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.)
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 the enactment of the SAFE Port Act, referred to in subsecs. (j), (k)(1)(C), (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), (l), is classified to section 901(1) of Title 6, Domestic Security.
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).
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.
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 check against the consolidated and integrated terrorist watch list maintained by the Federal Government.”
Pub. L. 111–281, title VIII, §808, Oct. 15, 2010, 124 Stat. 2994, provided that:
“(a)
“(b)
Pub. L. 111–281, title VIII, §815, Oct. 15, 2010, 124 Stat. 2999, provided that:
(a)
(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)
Pub. L. 111–281, title VIII, §818(b), Oct. 15, 2010, 124 Stat. 3000, provided that:
“(1)
“(2)
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.”
1 So in original. Probably should be followed by a comma.
2 So in original. Probably should be followed by “of”.
(a)
(1)
(2)
(b)
(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;
(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)
(d)
(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.)
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”.
Pub. L. 111–281, title VIII, §805, Oct. 15, 2010, 124 Stat. 2991, provided that:
“(a)
“(1)
“(2)
“(b)
“(1)
“(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)
“(c)
(a)
(b)
(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. 5121(j)(8) 1 ), 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.
(8) The cost of training law enforcement personnel—
(A) to enforce a security zone under section 70132 of this title; or
(B) assist in the enforcement of a security zone.
(c)
(1) 75
(2)
(A)
(B)
(C)
(d)
(e)
(1)
(2)
(f)
(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)
(h)
(i)
(1)
(2)
(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)
(4)
(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)
(k)
(1)
(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)
(3)
(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)
(m)
(1)
(A) methods or programs to increase the ability to target for inspection vessels, cargo, crewmembers, or passengers that will 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.
(2)
(A)
(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)
(3)
(A)
(B)
(C)
(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 is 2 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.
(4)
(A)
(B)
(C)
(5)
(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.)
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.
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 eligible 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.
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.”
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 542 of Title 6.
1 So in original. Probably should be “5196(j)(8)”.
2 So in original. Probably should be “the applicant”.
(a)
(b)
(1)(A) include—
(i) information management systems, and
(ii) sensor management systems; and
(B) where practicable, provide for the physical co-location of the Coast Guard and, as the Secretary determines appropriate, representatives of the United States Customs and Border Protection, the United States Immigration and Customs Enforcement, the Transportation Security Administration, the Department of Justice, the Department of Defense, and other Federal agencies, State and local law enforcement or port security personnel, members of the Area Maritime Security Committee, and other public and private sector stakeholders adversely affected by a transportation security incident or transportation disruption;
(2) utilize, as appropriate, the compositional and operational characteristics of existing centers;
(3) be organized to fit the security needs, requirements, and resources of the individual port area at which each is operating; and
(4) be incorporated in the implementation and administration of—
(A) maritime transportation security plans developed under section 70103;
(B) maritime intelligence activities under section 70113 and information sharing activities consistent with section 1016 of the National Security Intelligence Reform Act of 2004 (6 U.S.C. 485) and the Homeland Security Information Sharing Act (6 U.S.C. 481 et seq.);
(C) short- and long-range vessel tracking under sections 70114 and 70115;
(D) protocols under section 201(b)(10) of the SAFE Port Act;
(E) the transportation security incident response plans required by section 70104; and
(F) other activities, as determined by the Secretary.
(c)
(d)
(e)
(f)
(g)
(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.)
The date of the enactment of the SAFE Port Act, referred to in subsec. (a), is the date of enactment of Pub. L. 109–347, which was approved Oct. 13, 2006.
The Homeland Security Information Sharing Act, referred to in subsec. (b)(4)(B), is subtitle I of title VIII of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2252, which is classified principally to part I (§481 et seq.) of subchapter VIII of chapter 1 of Title 6, Domestic Security. For complete classification of this Act to the Code, see section 481 of Title 6 and Tables.
Section 201(b)(10) of the SAFE Port Act, referred to in subsec. (b)(4)(D), is classified to section 941(b)(10) of Title 6, Domestic Security.
2010—Subsec. (b)(1). Pub. L. 111–281, §803(3), added par. (1). Former par. (1) redesignated (2).
Subsec. (b)(2). Pub. L. 111–281, §803(2), (4), redesignated former par. (1) as (2), substituted “existing centers;” for “existing centers, including—” and struck out subpars. (A) and (B) which read as follows:
“(A) the pilot project interagency operational centers for port security in Miami, Florida; Norfolk/Hampton Roads, Virginia; Charleston, South Carolina; and San Diego, California; and
“(B) the virtual operation center of the Port of New York and New Jersey;”.
Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 111–281, §803(1), (2), (5), redesignated former par. (2) as (3), inserted “and” at end, and struck out former par. (3) which read as follows: “in addition to the Coast Guard, provide, as the Secretary determines appropriate, for participation by representatives of the United States Customs and Border Protection, the United States Immigration and Customs Enforcement, the Transportation Security Administration, the Department of Justice, the Department of Defense, and other Federal agencies, State and local law enforcement or port security personnel, members of the Area Maritime Security Committee, and other public and private sector stakeholders adversely affected by a transportation security incident or transportation disruption; and”.
Subsecs. (e) to (g). Pub. L. 111–281, §824, added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
Pub. L. 109–347, title I, §108(b), Oct. 13, 2006, 120 Stat. 1893, provided that: “Nothing in this section [enacting this section] or the amendments made by this section relieves the Commandant of the Coast Guard from complying with the requirements of section 807 of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108–293; 118 Stat. 1082). The Commandant shall utilize the information developed in making the report required by that section in carrying out the requirements of this section.”
(a)
(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)
(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)
(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)
(e)
(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.)
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).
(a)
(b)
(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.)
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,”.
(a)
(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)
(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)
(d)
(e)
(1)
(2)
(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)
(1)
(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)
(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.)
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).
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.
(a)
(b)
(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.)
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.
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”.
Pub. L. 107–295, title I, §103, Nov. 25, 2002, 116 Stat. 2084, provided that:
“(a)
“(b)
[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.]
(a)
(A) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to national maritime security matters;
(B) may make available to the Congress recommendations that the Committee makes to the Secretary; and
(C) 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)(A) 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) A committee established under this paragraph 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.
(b)
(2) The term of each member shall be for a period of not more than 5 years, specified by the Secretary.
(3) Before appointing an individual to a position on such a committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the committee.
(4) The Secretary may require an individual to have passed an appropriate security background examination before appointment to the Committee.
(5)(A) The National Maritime Security Advisory Committee shall be composed of—
(i) at least 1 individual who represents the interests of the port authorities;
(ii) at least 1 individual who represents the interests of the facilities owners or operators;
(iii) at least 1 individual who represents the interests of the terminal owners or operators;
(iv) at least 1 individual who represents the interests of the vessel owners or operators;
(v) at least 1 individual who represents the interests of the maritime labor organizations;
(vi) at least 1 individual who represents the interests of the academic community;
(vii) at least 1 individual who represents the interests of State or local governments; and
(viii) at least 1 individual who represents the interests of the maritime industry.
(B) Each Area Maritime Security Advisory Committee shall be composed of individuals who represents the interests of the port industry, terminal operators, port labor organizations, and other users of the port areas.
(c)
(2) The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman.
(d)
(2) The Secretary's designated representative 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.).
(e)
(f)
(A) 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
(B) travel or transportation expenses under section 5703 of title 5.
(2) A member of such a committee shall not be considered to be an officer or employee of the United States for any purpose based on their receipt of any payment under this subsection.
(g) FACA;
(A) applies to the National Maritime Security Advisory Committee established under this section, except that such committee terminates on September 30, 2020; and
(B) does not apply to Area Maritime Security Advisory Committees established under this section.
(2) Not later than September 30, 2018, each committee established under this section shall submit to the Congress its recommendation regarding whether the committee should be renewed and continued beyond the termination date.
(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.)
The Federal Advisory Committee Act, referred to in subsecs. (d)(2) and (g)(1), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
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).
(a)
(b)
(c)
(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.)
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.”
(a)
(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)
(Added Pub. L. 107–295, title I, §102(a), Nov. 25, 2002, 116 Stat. 2082.)
Pub. L. 107–295, title I, §102(e), Nov. 25, 2002, 116 Stat. 2084, provided that:
“(1)
“(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)
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.)
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”.
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.”
Pub. L. 109–241, title IV, §404, July 11, 2006, 120 Stat. 535, provided that:
“(a)
“(b)
(a)
(b)
(1) establishing standards and procedures for screening and evaluating cargo prior to loading in a foreign port for shipment to the United States either directly or via a foreign port;
(2) establishing standards and procedures for securing cargo and monitoring that security while in transit;
(3) developing performance standards to enhance the physical security of shipping containers, including standards for seals and locks;
(4) establishing standards and procedures for allowing the United States Government to ensure and validate compliance with this program; and
(5) any other measures the Secretary considers necessary to ensure the security and integrity of international intermodal transport movements.
(Added Pub. L. 107–295, title I, §102(a), Nov. 25, 2002, 116 Stat. 2083.)
Pub. L. 107–295, title I, §110(c), Nov. 25, 2002, 116 Stat. 2092, provided that:
“Within 1 year after the secure system of transportation program is implemented under section 70116 of title 46, United States Code, as amended by this Act, the Secretary of the department in which the Coast Guard is operating shall transmit a report to the Senate Committees on Commerce, Science, and Transportation and Finance and the House of Representatives Committees on Transportation and Infrastructure and Ways and Means that—
“(1) evaluates the secure system of transportation program and its components;
“(2) states the Secretary's view as to whether any procedure, system, or technology evaluated as part of the program offers a higher level of security than requiring imported goods to clear customs under existing procedures and for the requirements of the National Maritime Security Plan for reopening of United States ports to commerce;
“(3) states the Secretary's view as to the integrity of the procedures, technology, or systems evaluated as part of the program;
“(4) makes a recommendation with respect to whether the program, or any procedure, system, or technology should be incorporated in a nationwide system for preclearance of imports of waterborne goods and for the requirements of the National Maritime Security Plan for the reopening of United States ports to Commerce;
“(5) describes the impact of the program on staffing levels at the department in which the Coast Guard is operating, and the Customs Service; and
“(6) states the Secretary's views as to whether there is a method by which the United States could validate foreign ports so that cargo from those ports is preapproved for entry into the United States and for the purpose of the requirements of the National Maritime Security Plan for the reopening of United States ports to commerce.”
[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 542 of Title 6.]
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.”
[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.]
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.
A prior section 70117 was renumbered section 70120 of this title.
Another prior section 70117 was renumbered section 70119 of this title.
(a)
(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)
(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.)
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.
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.
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.
(a)
(b)
(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.)
Another section 70119 was renumbered section 70118 of this title.
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).
(a)
(b)
(c)
(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 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.)
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”.
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.
(a)
(b)
(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.)
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)”.
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”.
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.
(a)
(b)
(c)
(1)
(2)
(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)
(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)
(f)
(Added Pub. L. 111–281, title VIII, §801(a), Oct. 15, 2010, 124 Stat. 2988.)
1 So in original. Probably should be “Waterway Watch Program”.
(a)
(b)
(c)
(Added Pub. L. 111–281, title VIII, §807(a), Oct. 15, 2010, 124 Stat. 2993.)
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.
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.)
(a)
(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.
(b)
(1) provides training at the awareness, performance, management, and planning levels;
(2) utilizes multiple training mediums and methods;
(3) establishes a validated provisional on-line 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)
(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 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)
(e)
(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.)
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, §821(a), which enacted this section.
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.
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.
In this subchapter:
(1)
(2)
(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.)
2010—Pub. L. 111–330 amended Pub. L. 111–281, §828(a), which enacted this section.
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.
(a)
(1) to enforce a security zone; or
(2) to assist in the enforcement of a security zone.
(b)
(1) The Commandant of the Coast Guard—
(A) shall develop and publish a training curriculum for—
(i) law enforcement personnel to enforce a security zone;
(ii) law enforcement personnel to enforce or assist in the enforcement of a security zone; and
(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 law enforcement personnel who enforce or assist in the enforcement of a security zone; and
(B) on an availability basis to—
(i) law enforcement 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)
(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.
(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.)
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.
2010—Pub. L. 111–330 amended Pub. L. 111–281, §828(a), which enacted this section.
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.
In this chapter:
(1)
(2)
(3)
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1683.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
70301 | 46 App.:1807. | 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 in 46 U.S.C. 2101 is being moved to chapter 1 of the revised title and will apply generally throughout the title.
In paragraph (3), the definition of “Secretary” is new. The functions of the Secretary of Transportation under this chapter were carried out by the Coast Guard, and its functions have been transferred to the Department of Homeland Security (except when operating as a service in the Navy) by section 888 of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2249).
Congress encourages the President to continue to seek agreement on international seaport and vessel security through the International Maritime Organization. In developing an agreement, each member country of the International Maritime Organization should consult with appropriate private sector interests in that country. The agreement would establish seaport and vessel security measures and could include—
(1) seaport screening of cargo and baggage similar to that done at airports;
(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; and
(5) other appropriate measures to prevent unlawful acts against passengers and crews on vessels.
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1683.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
70302 | 46 App.:1801. | Pub. L. 99–399, title IX, §902, Aug. 27, 1986, 100 Stat. 889. |
The word “vessel” is substituted for “shipboard” for consistency in the revised title. The words “and commends him on his efforts to date” are omitted as unnecessary.
(a)
(b)
(1) notify the appropriate government authorities of the country in which the port is located of the determination; and
(2) recommend steps necessary to bring the security measures at that port up to the standard used by the Secretary in making the assessment under subsection (a).
(c)
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1684.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
70303 | 46 App.:1803. | Pub. L. 99–399, title IX, §907(a), (b), (d), (e), Aug. 27, 1986, 100 Stat. 891. |
The Foreign Assistance Act of 1961, referred to in subsec. (c), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 8 of part II of the Act is classified generally to part VIII (§2349aa et seq.) of subchapter II of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.
(a)
(b)
(c)
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1684.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
70304 | 46 App.:1804. | Pub. L. 99–399, title IX, §908, Aug. 27, 1986, 100 Stat. 891; Pub. L. 105–277, div. G, title XXII, §2224(b), Oct. 21, 1998, 112 Stat. 2681–819. |
In subsection (b), the words “with respect to which the Secretary of Transportation had made the determination described in section 1803(d) of this Appendix” are omitted as unnecessary.
(a)
(b)
(c)
(1)
(2)
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1684.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
70305 | 46 App.:1805. | Pub. L. 99–399, title IX, §909, Aug. 27, 1986, 100 Stat. 892. |
(a)
(b)
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1685; Pub. L. 109–241, title IX, §901(q), July 11, 2006, 120 Stat. 566; Pub. L. 110–181, div. C, title XXXV, §3525(a)(5), (b), Jan. 28, 2008, 122 Stat. 601.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
70306(a) | 46 App.:1802. | Pub. L. 99–399, title IX, §§905, 913, Aug. 27, 1986, 100 Stat. 890, 892; Pub. L. 107–295, title I, §110(a), title IV, §408(c)(3), Nov. 25, 2002, 116 Stat. 2091, 2117. |
70306(b) | 46 App.:1809. |
In subsection (a), the words “February 28 of each year” are substituted for “February 28, 1987, and annually thereafter” in 46 App. U.S.C. 1802 to eliminate obsolete language. The words “Beginning with the first report submitted under this section after the date of enactment of the Maritime Transportation Security Act of 2002” are omitted as obsolete.
In subsection (b), the words “To the extent practicable, the reports required under sections 903, 905, and 907 [46 App. U.S.C. 1801 note, 1802, 1803] shall be consolidated into a single document before being submitted to the Congress” in 46 App. U.S.C. 1809(a) are omitted as unnecessary and obsolete because sections 903 and 907 are being omitted from the revised title and repealed as obsolete. The words “Committee on International Relations” are substituted for “Committee on Foreign Affairs” to reflect changes in committee structure made by the 104th Congress.
The Maritime Transportation Security Act of 2002, referred to in subsec. (a), is Pub. L. 107–295, Nov. 25, 2002, 116 Stat. 2064. Title I of the Act enacted subtitle VI (now subtitle VII) of this title, amended section 1802 of the former Appendix to this title, sections 661 and 724 of Title 14, Coast Guard, section 1431a of Title 19, Customs Duties, sections 1226, 1501 to 1504, 1507, and 1520 of Title 33, Navigation and Navigable Waters, and sections 192 and 195 of Title 50, War and National Defense, enacted provisions set out as notes under sections 70101, 70103, 70104, 70111, 70114, and 70116 of this title and sections 1226 and 1504 of Title 33, amended provisions set out as a note under section 2071 of Title 19, and repealed provisions set out as a note under section 2071 of Title 19. For complete classification of title I to the Code, see Tables.
2008—Pub. L. 110–181, §3525(b), repealed Pub. L. 109–241, §901(q). See 2006 Amendment note below.
Subsec. (a). Pub. L. 110–181, §3525(a)(5), incorporated the substance of the amendment by Pub. L. 109–241, §901(q), into this section by substituting “The Secretary shall submit an annual report” for “Not later than February 28 of each year, the Secretary shall submit a report”. See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.
2006—Pub. L. 109–241, §901(q), which directed the amendment of section 1802 of the former Appendix to this title from which subsec. (a) of this section was derived, was repealed by Pub. L. 110–181, §3525(b). See 2008 Amendment note for subsec. (a) and Historical and Revision notes above.
2008—Pub. L. 110–407, title II, §202(b)(1), Oct. 13, 2008, 122 Stat. 4300, added item 70508.
1 So in original. Probably should be followed by a period.
Congress finds and declares that (1) trafficking in controlled substances aboard vessels is a serious international problem, is universally condemned, and presents a specific threat to the security and societal well-being of the United States and (2) operating or embarking in a submersible vessel or semi-submersible vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the security of the United States.
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1685; Pub. L. 110–407, title II, §201, Oct. 13, 2008, 122 Stat. 4299.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
70501 | 46 App.:1902. | Pub. L. 96–350, §2, Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–307, §7, May 19, 1986, 100 Stat. 447; Pub. L. 99–570, title III, §3202, Oct. 27, 1986, 100 Stat. 3207–95; Pub. L. 99–640, §17, Nov. 10, 1986, 100 Stat. 3552. |
2008—Pub. L. 110–407 inserted cl. (1) designation after “declares that”, substituted “States and” for “States.”, and added cl. (2).
(a)
(b)
(1) a vessel documented under chapter 121 of this title or numbered as provided in chapter 123 of this title;
(2) a vessel owned in any part by an individual who is a citizen of the United States, the United States Government, the government of a State or political subdivision of a State, or a corporation incorporated under the laws of the United States or of a State, unless—
(A) the vessel has been granted the nationality of a foreign nation under article 5 of the 1958 Convention on the High Seas; and
(B) a claim of nationality or registry for the vessel is made by the master or individual in charge at the time of the enforcement action by an officer or employee of the United States who is authorized to enforce applicable provisions of United States law; and
(3) a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was sold to a person not a citizen of the United States, placed under foreign registry, or operated under the authority of a foreign nation, whether or not the vessel has been granted the nationality of a foreign nation.
(c)
(1)
(A) a vessel without nationality;
(B) a vessel assimilated to a vessel without nationality under paragraph (2) of article 6 of the 1958 Convention on the High Seas;
(C) a vessel registered in a foreign nation if that nation has consented or waived objection to the enforcement of United States law by the United States;
(D) a vessel in the customs waters of the United States;
(E) a vessel in the territorial waters of a foreign nation if the nation consents to the enforcement of United States law by the United States; and
(F) a vessel in the contiguous zone of the United States, as defined in Presidential Proclamation 7219 of September 2, 1999 (43 U.S.C. 1331 note), that—
(i) is entering the United States;
(ii) has departed the United States; or
(iii) is a hovering vessel as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).
(2)
(A) may be obtained by radio, telephone, or similar oral or electronic means; and
(B) is proved conclusively by certification of the Secretary of State or the Secretary's designee.
(d)
(1)
(A) a vessel aboard which the master or individual in charge makes a claim of registry that is denied by the nation whose registry is claimed;
(B) a vessel aboard which the master or individual in charge fails, on request of an officer of the United States authorized to enforce applicable provisions of United States law, to make a claim of nationality or registry for that vessel; and
(C) a vessel aboard which the master or individual in charge makes a claim of registry and for which the claimed nation of registry does not affirmatively and unequivocally assert that the vessel is of its nationality.
(2)
(e)
(1) possession on board the vessel and production of documents evidencing the vessel's nationality as provided in article 5 of the 1958 Convention on the High Seas;
(2) flying its nation's ensign or flag; or
(3) a verbal claim of nationality or registry by the master or individual in charge of the vessel.
(f)
(1)
(2)
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1685; Pub. L. 109–241, title III, §303, July 11, 2006, 120 Stat. 527; Pub. L. 110–181, div. C, title XXXV, §3525(a)(6), (b), Jan. 28, 2008, 122 Stat. 601; Pub. L. 110–407, title II, §203, Oct. 13, 2008, 122 Stat. 4300.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
70502(a) | 46 App.:1903(i). | Pub. L. 96–350, §3(b), (c), (i), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, §3202, Oct. 27, 1986, 100 Stat. 3207–95, 3207–97; Pub. L. 99–640, §17, Nov. 10, 1986, 100 Stat. 3552, 3554; Pub. L. 100–690, title VII, §7402(b), Nov. 18, 1988, 102 Stat. 4483; Pub. L. 104–324, §1138(a)(1)–(3), (b), Oct. 19, 1996, 110 Stat. 3988, 3989; Pub. L. 107–295, title IV, §418(a), Nov. 25, 2002, 116 Stat. 2123. |
70502(b) | 46 App.:1903(b). | |
70502(c) | 46 App.:1903(c)(1). | |
70502(d) | 46 App.:1903(c)(2). | |
70502(e) | 46 App.:1903(c)(3). |
In subsection (b)(2), before subparagraph (A), the words “individual who is a citizen of the United States” are substituted for “a citizen or national of the United States” because of the definition of “citizen of the United States” in chapter 1 of the revised title. The words “or a territory, commonwealth, or possession of the United States” and “the District of Columbia, or any territory, commonwealth, or possession of the United States” are omitted as unnecessary because of the definition of “State” in chapter 1 of the revised title.
In subsection (b)(3), the words “placed under foreign registry, or operated under the authority of a foreign nation” are substituted for “placed under foreign registry or foreign flag” because of the definition of “foreign vessel” in chapter 1 of the revised title.
In subsection (d)(1)(B), the word “authorized” is substituted for “empowered” for consistency with subsection (b)(2)(B).
2008—Pub. L. 110–181, §3525(b), repealed Pub. L. 109–241, §303. See 2006 Amendment note below.
Subsec. (d)(2). Pub. L. 110–181, §3525(a)(6), incorporated the substance of the amendment by Pub. L. 109–241, §303, into this section by amending heading and text of par. (2) generally. Prior to amendment, text read as follows: “A claim of registry under paragraph (1)(A) or (C) may be verified or denied by radio, telephone, or similar oral or electronic means. The denial of such a claim is proved conclusively by certification of the Secretary of State or the Secretary's designee.” See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.
Subsec. (f). Pub. L. 110–407 added subsec. (f).
2006—Pub. L. 109–241, §303, which directed the amendment of section 1903(c)(2) of the former Appendix to this title from which subsec. (d) of this section was derived, was repealed by Pub. L. 110–181, §3525(b). See 2008 Amendment note for subsec. (d)(2) and Historical and Revision notes above.
(a)
(1) a vessel of the United States or a vessel subject to the jurisdiction of the United States; or
(2) any vessel if the individual is a citizen of the United States or a resident alien of the United States.
(b)
(c)
(1)
(A) a common or contract carrier or an employee of the carrier who possesses or distributes a controlled substance in the lawful and usual course of the carrier's business; or
(B) a public vessel of the United States or an individual on board the vessel who possesses or distributes a controlled substance in the lawful course of the individual's duties.
(2)
(d)
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1687.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
70503(a) | 46 App.:1903(a). | Pub. L. 96–350, §3(a), (e), (h), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, §3202, Oct. 27, 1986, 100 Stat. 3207–95, 3207–96, 3207–97; Pub. L. 99–640, §17, Nov. 10, 1986, 100 Stat. 3552, 3554; Pub. L. 100–690, title VII, §7402(a), Nov. 18, 1988, 102 Stat. 4483. |
70503(b) | 46 App.:1903(h). | |
70503(c) | 46 App.:1903(e) (1st sentence). | |
70503(d) | 46 App.:1903(e) (last sentence). |
In subsection (a), before paragraph (1), the words “may not” are substituted for “It is unlawful for” for consistency in the revised title and to eliminate unnecessary words.
In subsection (b), the words “applies to” are substituted for “is intended to reach” for clarity and to eliminate unnecessary words.
(a)
(b)
(1) the district at which the person enters the United States; or
(2) the District of Columbia.
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 110–407, title II, §202(b)(2), Oct. 13, 2008, 122 Stat. 4300.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
70504 | 46 App.:1903(f). | Pub. L. 96–350, §3(f), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, §3202, Oct. 27, 1986, 100 Stat. 3207–97; Pub. L. 99–640, §17, Nov. 10, 1986, 100 Stat. 3554; Pub. L. 104–324, §1138(a)(5), Oct. 19, 1996, 110 Stat. 3989. |
2008—Subsec. (b). Pub. L. 110–407 inserted “or 70508” after “70503” in introductory provisions.
A person charged with violating section 70503 of this title, or against whom a civil enforcement proceeding is brought under section 70508, does not have standing to raise a claim of failure to comply with international law as a basis for a defense. A claim of failure to comply with international law in the enforcement of this chapter may be made only by a foreign nation. A failure to comply with international law does not divest a court of jurisdiction and is not a defense to a proceeding under this chapter.
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 110–407, title II, §202(b)(3), Oct. 13, 2008, 122 Stat. 4300.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
70505 | 46 App.:1903(d). | Pub. L. 96–350, §3(d), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, §3202, Oct. 27, 1986, 100 Stat. 3207–96; Pub. L. 99–640, §17, Nov. 10, 1986, 100 Stat. 3553; Pub. L. 104–324, §1138(a)(4), Oct. 19, 1996, 110 Stat. 3989. |
2008—Pub. L. 110–407 substituted “this title, or against whom a civil enforcement proceeding is brought under section 70508,” for “this title”.
(a)
(b)
(c)
(1)
(2)
(3)
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 111–281, title III, §302, Oct. 15, 2010, 124 Stat. 2923.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
70506(a) | 46 App.:1903(g). | Pub. L. 96–350, §3(g), (j), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, §3202, Oct. 27, 1986, 100 Stat. 3207–97; Pub. L. 99–640, §17, Nov. 10, 1986, 100 Stat. 3554; Pub. L. 101–647, title XII, §1203, Nov. 29, 1990, 104 Stat. 4830. |
70506(b) | 46 App.:1903(j). |
In subsection (b), the words “the commission of which was the object of the attempt or conspiracy” are omitted as unnecessary.
The Controlled Substances Act, referred to in subsec. (c)(1), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
2010—Subsec. (c). Pub. L. 111–281 added subsec. (c).
(a)
(b)
(1) The construction or adaptation of the vessel in a manner that facilitates smuggling, including—
(A) the configuration of the vessel to ride low in the water or present a low hull profile to avoid being detected visually or by radar;
(B) the presence of any compartment or equipment that is built or fitted out for smuggling, not including items such as a safe or lock-box reasonably used for the storage of personal valuables;
(C) the presence of an auxiliary tank not installed in accordance with applicable law or installed in such a manner as to enhance the vessel's smuggling capability;
(D) the presence of engines that are excessively over-powered in relation to the design and size of the vessel;
(E) the presence of materials used to reduce or alter the heat or radar signature of the vessel and avoid detection;
(F) the presence of a camouflaging paint scheme, or of materials used to camouflage the vessel, to avoid detection; or
(G) the display of false vessel registration numbers, false indicia of vessel nationality, false vessel name, or false vessel homeport.
(2) The presence or absence of equipment, personnel, or cargo inconsistent with the type or declared purpose of the vessel.
(3) The presence of excessive fuel, lube oil, food, water, or spare parts, inconsistent with legitimate vessel operation, inconsistent with the construction or equipment of the vessel, or inconsistent with the character of the vessel's stated purpose.
(4) The operation of the vessel without lights during times lights are required to be displayed under applicable law or regulation and in a manner of navigation consistent with smuggling tactics used to avoid detection by law enforcement authorities.
(5) The failure of the vessel to stop or respond or heave to when hailed by government authority, especially where the vessel conducts evasive maneuvering when hailed.
(6) The declaration to government authority of apparently false information about the vessel, crew, or voyage or the failure to identify the vessel by name or country of registration when requested to do so by government authority.
(7) The presence of controlled substance residue on the vessel, on an item aboard the vessel, or on an individual aboard the vessel, of a quantity or other nature that reasonably indicates manufacturing or distribution activity.
(8) The use of petroleum products or other substances on the vessel to foil the detection of controlled substance residue.
(9) The presence of a controlled substance in the water in the vicinity of the vessel, where given the currents, weather conditions, and course and speed of the vessel, the quantity or other nature is such that it reasonably indicates manufacturing or distribution activity.
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1688.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
70507 | 46 App.:1904. | Pub. L. 96–350, §4, Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, §3202, Oct. 27, 1986, 100 Stat. 3207–97; Pub. L. 99–640, §17, Nov. 10, 1986, 100 Stat. 3554; Pub. L. 107–295, title IV, §418(b), Nov. 25, 2002, 116 Stat. 2123. |
(a)
(b)
(c)
(1)
(A) a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law;
(B) classed by and designed in accordance with the rules of a classification society;
(C) lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or
(D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system.
(2)
(A) government documents evidencing the vessel's nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas;
(B) a certificate of classification issued by the vessel's classification society upon completion of relevant classification surveys and valid at the time of the offense; or
(C) government documents evidencing licensure, regulation, or registration for research or exploration.
(d)
(Added Pub. L. 110–407, title II, §202(a), Oct. 13, 2008, 122 Stat. 4299.)