US (United States) Code. Title 46. Subtitle VI: Miscellaneous. Chapter 701: Port security

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-CITE-

46 USC CHAPTER 701 - PORT SECURITY 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

CHAPTER 701 - PORT SECURITY

-MISC1-

Sec.

70101. Definitions.

70102. United States facility and vessel vulnerability

assessments.

70103. Maritime transportation security plans.

70104. Transportation security incident response.

70105. Transportation security cards.

70106. Maritime safety and security teams.

70107. Grants.

70108. Foreign port assessment.

70109. Notifying foreign authorities.

70110. Actions when foreign ports not maintaining effective

antiterrorism measures.

70111. Enhanced crewmember identification.

70112. Maritime security advisory committees.(!1)

70113. Maritime intelligence.

70114. Automatic identification systems.

70115. Long-range vessel tracking system.

70116. Secure systems of transportation.

70117. Civil penalty.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

46 USC Sec. 70101 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70101. Definitions

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2068.)

-MISC1-

REGULATIONS

Pub. L. 107-295, title I, Sec. 102(d), Nov. 25, 2002, 116 Stat.

2084, provided that:

"(1) Interim final rule authority. - The Secretary shall issue an

interim final rule as a temporary regulation implementing this

section [enacting this subtitle and provisions set out as notes

under sections 70104 and 70114 of this title] (including the

amendments made by this section) as soon as practicable after the

date of enactment of this section [Nov. 25, 2002], without regard

to the provisions of chapter 5 of title 5, United States Code. All

regulations prescribed under the authority of this subsection that

are not earlier superseded by final regulations shall expire not

later than 1 year after the date of enactment of this Act [Nov. 25,

2002].

"(2) Initiation of rulemaking. - The Secretary may initiate a

rulemaking to implement this section (including the amendments made

by this section) as soon as practicable after the date of enactment

of this section. The final rule issued pursuant to that rulemaking

may supersede the interim final rule promulgated under this

subsection."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

FINDINGS

Pub. L. 107-295, title I, Sec. 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."

MARITIME SECURITY PROFESSIONAL TRAINING

Pub. L. 107-295, title I, Sec. 109, Nov. 25, 2002, 116 Stat.

2090, provided that:

"(a) In General. -

"(1) Development of standards. - Not later than 6 months after

the date of enactment of this Act [Nov. 25, 2002], the Secretary

of Transportation shall develop standards and curriculum to allow

for the training and certification of maritime security

professionals. In developing these standards and curriculum, the

Secretary shall consult with the National Maritime Security

Advisory Committee established under section 70112 of title 46,

United States Code, as amended by this Act.

"(2) Secretary to consult on standards. - In developing

standards under this section, the Secretary may, without regard

to the Federal Advisory Committee Act (5 U.S.C. App.), consult

with the Federal Law Enforcement Training Center, the United

States Merchant Marine Academy's Global Maritime and

Transportation School, the Maritime Security Council, the

International Association of Airport and Port Police, the

National Cargo Security Council, and any other Federal, State, or

local government or law enforcement agency or private

organization or individual determined by the Secretary to have

pertinent expertise.

"(b) Minimum Standards. - The standards established by the

Secretary under subsection (a) shall include the following

elements:

"(1) The training and certification of maritime security

professionals in accordance with accepted law enforcement and

security guidelines, policies, and procedures, including, as

appropriate, recommendations for incorporating a background check

process for personnel trained and certified in foreign ports.

"(2) The training of students and instructors in all aspects of

prevention, detection, investigation, and reporting of criminal

activities in the international maritime environment.

"(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) Training Provided to Law Enforcement and Security Personnel.

-

"(1) In general. - The Secretary is authorized to make the

training opportunities provided under this section available to

any Federal, State, local, and private law enforcement or

maritime security personnel in the United States or to personnel

employed in foreign ports used by vessels with United States

citizens as passengers or crewmembers.

"(2) Academies and schools. - The Secretary may provide

training under this section at -

"(A) each of the 6 State maritime academies;

"(B) the United States Merchant Marine Academy;

"(C) the Appalachian Transportation Institute; and

"(D) other security training schools in the United States.

"(d) Use of Contract Resources. - The Secretary may employ

Federal and contract resources to train and certify maritime

security professionals in accordance with the standards and

curriculum developed under this Act [see Tables for

classification].

"(e) Annual Report. - The Secretary shall transmit an annual

report to the Senate Committee on Commerce, Science, and

Transportation and the House of Representatives Committee on

Transportation and Infrastructure on the expenditure of

appropriated funds and the training under this section.

"(f) Authorization of Appropriations. - There are authorized to

be appropriated to the Secretary to carry out this section

$5,500,000 for each of fiscal years 2003 through 2008."

[For transfer of functions, personnel, assets, and liabilities of

the Federal Law Enforcement Training Center of the Department of

the Treasury to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(4), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.]

REPORT ON TRAINING CENTER

Pub. L. 107-295, title I, Sec. 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."

REPORT ON FOREIGN-FLAG VESSELS

Pub. L. 107-295, title I, Sec. 112, Nov. 25, 2002, 116 Stat.

2092, provided that: "Within 6 months after the date of enactment

of this Act [Nov. 25, 2002] and every year thereafter, the

Secretary of the department in which the Coast Guard is operating,

in consultation with the Secretary of State, shall provide a report

to the Committee on Commerce, Science, and Transportation of the

Senate, and the Committee on Transportation and Infrastructure of

the House of Representatives that lists the following information:

"(1) A list of all nations whose flag vessels have entered

United States ports in the previous year.

"(2) Of the nations on that list, a separate list of those

nations -

"(A) whose registered flag vessels appear as Priority III or

higher on the Boarding Priority Matrix maintained by the Coast

Guard;

"(B) that have presented, or whose flag vessels have

presented, false, intentionally incomplete, or fraudulent

information to the United States concerning passenger or cargo

manifests, crew identity or qualifications, or registration or

classification of their flag vessels;

"(C) whose vessel registration or classification procedures

have been found by the Secretary to be noncompliant with

international classifications or do not exercise adequate

control over safety and security concerns; or

"(D) whose laws or regulations are not sufficient to allow

tracking of ownership and registration histories of registered

flag vessels.

"(3) Actions taken by the United States, whether through

domestic action or international negotiation, including

agreements at the International Maritime Organization under

section 902 of the International Maritime and Port Security Act

(46 U.S.C. App. 1801), to improve transparency and security of

vessel registration procedures in nations on the list under

paragraph (2).

"(4) Recommendations for legislative or other actions needed to

improve security of United States ports against potential threats

posed by flag vessels of nations named in paragraph (2)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 1226.

-End-

-CITE-

46 USC Sec. 70102 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70102. United States facility and vessel vulnerability

assessments

-STATUTE-

(a) Initial Assessments. - The Secretary shall conduct an

assessment of vessel types and United States facilities on or

adjacent to the waters subject to the jurisdiction of the United

States to identify those vessel types and United States facilities

that pose a high risk of being involved in a transportation

security incident.

(b) Facility and Vessel Assessments. - (1) Based on the

information gathered under subsection (a) of this section, the

Secretary shall conduct a detailed vulnerability assessment of the

facilities and vessels that may be involved in a transportation

security incident. The vulnerability assessment shall include the

following:

(A) Identification and evaluation of critical assets and

infrastructures.

(B) Identification of the threats to those assets and

infrastructures.

(C) Identification of weaknesses in physical security,

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).

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2068.)

-End-

-CITE-

46 USC Sec. 70103 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70103. Maritime transportation security plans

-STATUTE-

(a) National Maritime Transportation Security Plan. - (1) The

Secretary shall prepare a National Maritime Transportation Security

Plan for deterring and responding to a transportation security

incident.

(2) The National Maritime Transportation Security Plan shall

provide for efficient, coordinated, and effective action to deter

and minimize damage from a transportation security incident, and

shall include the following:

(A) Assignment of duties and responsibilities among Federal

departments and agencies and coordination with State and local

governmental agencies.

(B) Identification of security resources.

(C) Procedures and techniques to be employed in deterring a

national transportation security incident.

(D) Establishment of procedures for the coordination of

activities of -

(i) Coast Guard maritime security teams established under

this chapter; and

(ii) Federal Maritime Security Coordinators required under

this chapter.

(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) Area Maritime Transportation Security Plans. - (1) The

Federal Maritime Security Coordinator designated under subsection

(a)(2)(G) for an area shall -

(A) submit to the Secretary an Area Maritime Transportation

Security Plan for the area; and

(B) solicit advice from the Area Security Advisory Committee

required under this chapter, for the area to assure preplanning

of joint deterrence efforts, including appropriate procedures for

deterrence of a transportation security incident.

(2) The Area Maritime Transportation Security Plan for an area

shall -

(A) when implemented in conjunction with the National Maritime

Transportation Security Plan, be adequate to deter a

transportation security incident in or near the area to the

maximum extent practicable;

(B) describe the area and infrastructure covered by the plan,

including the areas of population or special economic,

environmental, or national security importance that might be

damaged by a transportation security incident;

(C) describe in detail how the plan is integrated with other

Area Maritime Transportation Security Plans, and with facility

security plans and vessel security plans under this section;

(D) include consultation and coordination with the Department

of Defense on matters relating to Department of Defense

facilities and vessels;

(E) include any other information the Secretary requires; and

(F) be updated at least every 5 years by the Federal Maritime

Security Coordinator.

(3) The Secretary shall -

(A) review and approve Area Maritime Transportation Security

Plans under this subsection; and

(B) periodically review previously approved Area Maritime

Transportation Security Plans.

(4) In security zones designated by the Secretary in each Area

Maritime Transportation Security Plan, the Secretary shall consider

-

(A) the use of public/private partnerships to enforce security

within the security zones, shoreside protection alternatives, and

the environmental, public safety, and relative effectiveness of

such alternatives; and

(B) technological means of enhancing the security zones of

port, territorial waters, and waterways of the United States.

(c) Vessel and Facility Security Plans. - (1) Within 6 months

after the prescription of interim final regulations on vessel and

facility security plans, an owner or operator of a vessel or

facility described in paragraph (2) shall prepare and submit to the

Secretary a security plan for the vessel or facility, for deterring

a transportation security incident to the maximum extent

practicable.

(2) The vessels and facilities referred to in paragraph (1) -

(A) except as provided in subparagraph (B), are vessels and

facilities that the Secretary believes may be involved in a

transportation security incident; and

(B) do not include any vessel or facility owned or operated by

the Department of Defense.

(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;

(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) be updated at least every 5 years; and

(G) be resubmitted for approval of each change to the vessel or

facility that may substantially affect the security of the vessel

or 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) review each plan periodically thereafter.

(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.

(d) Nondisclosure of Information. - 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.

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2069.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC1-

REVISION OF PORT SECURITY PLANNING GUIDE

Pub. L. 107-295, title I, Sec. 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 70101, 70104, 70105,

70106, 70112 of this title.

-End-

-CITE-

46 USC Sec. 70104 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70104. Transportation security incident response

-STATUTE-

(a) Facility and Vessel Response Plans. - The Secretary shall -

(1) establish security incident response plans for vessels and

facilities that may be involved in a transportation security

incident; and

(2) make those plans available to the Director of the Federal

Emergency Management Agency for inclusion in the Director's

response plan for United States ports and waterways.

(b) Contents. - Response plans developed under subsection (a)

shall provide a comprehensive response to an emergency, including

notifying and coordinating with local, State, and Federal

authorities, including the Director of the Federal Emergency

Management Agency, securing the facility or vessel, and evacuating

facility and vessel personnel.

(c) Inclusion in Security Plan. - A response plan required under

this subsection for a vessel or facility may be included in the

security plan prepared under section 70103(c).

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2072.)

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(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.

-MISC1-

DEADLINE

Pub. L. 107-295, title I, Sec. 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."

-End-

-CITE-

46 USC Sec. 70105 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70105. Transportation security cards

-STATUTE-

(a) Prohibition. - (1) The Secretary shall prescribe regulations

to prevent an individual from entering an area of a vessel or

facility that is designated as a secure area by the Secretary for

purposes of a security plan for the vessel or facility that is

approved by the Secretary under section 70103 of this title unless

the individual -

(A) holds a transportation security card issued under this

section and is authorized to be in the area in accordance with

the plan; or

(B) is accompanied by another individual who holds a

transportation security card issued under this section and is

authorized to be in the area in accordance with the plan.

(2) A person shall not admit an individual into such a secure

area unless the entry of the individual into the area is in

compliance with paragraph (1).

(b) Issuance of Cards. - (1) The Secretary shall issue a

biometric transportation security card to an individual specified

in paragraph (2), unless the Secretary decides that the individual

poses a security risk under subsection (c) warranting denial of the

card.

(2) This subsection applies to -

(A) an individual allowed unescorted access to a secure area

designated in a vessel or facility security plan approved under

section 70103 of this title;

(B) an individual issued a license, certificate of registry, or

merchant mariners document under part E of subtitle II of this

title;

(C) a vessel pilot;

(D) an individual engaged on a towing vessel that pushes,

pulls, or hauls alongside a tank vessel;

(E) an individual with access to security sensitive information

as determined by the Secretary; and

(F) other individuals engaged in port security activities as

determined by the Secretary.

(c) Determination of Terrorism Security Risk. - (1) An individual

may not be denied a transportation security card under subsection

(b) unless the Secretary determines that individual -

(A) 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;

(B) has been released from incarceration within the preceding

5-year period for committing a felony described in subparagraph

(A);

(C) 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

(D) otherwise poses a terrorism security risk to the United

States.

(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

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) 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.

(4) Upon application, the Secretary may issue a transportation

security card to an individual if the Secretary has previously

determined, under section 5103a of title 49, that the individual

does not pose a security risk.

(d) Background Records Check. - (1) On request of the Secretary,

the Attorney General shall -

(A) conduct a background records check regarding the

individual; and

(B) upon completing the background records check, notify the

Secretary of the completion and results of the background records

check.

(2) A background records check regarding an individual under this

subsection shall consist of the following:

(A) A check of the relevant criminal history databases.

(B) In the case of an alien, a check of the relevant databases

to determine the status of the alien under the immigration laws

of the United States.

(C) As appropriate, a check of the relevant international

databases or other appropriate means.

(D) Review of any other national security-related information

or database identified by the Attorney General for purposes of

such a background records check.

(e) Restrictions on Use and Maintenance of Information. - (1)

Information obtained by the Attorney General or the Secretary under

this section may not be made available to the public, including the

individual's employer.

(2) Any information constituting grounds for denial of a

transportation security card under this section shall be maintained

confidentially by the Secretary and may be used only for making

determinations under this section. The Secretary may share any such

information with other Federal law enforcement agencies. An

individual's employer may only be informed of whether or not the

individual has been issued the card under this section.

(f) Definition. - In this section, the term "alien" has the

meaning given the term in section 101(a)(3) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(3)).

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2073.)

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec.

(c)(1)(C), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,

which is classified principally to chapter 12 (Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 70107 of this title.

-End-

-CITE-

46 USC Sec. 70106 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70106. Maritime safety and security teams

-STATUTE-

(a) In General. - To enhance the domestic maritime security

capability of the United States, the Secretary shall establish such

maritime safety and security teams as are needed to safeguard the

public and protect vessels, harbors, ports, facilities, and cargo

in waters subject to the jurisdiction of the United States from

destruction, loss or injury from crime, or sabotage due to

terrorist activity, and to respond to such activity in accordance

with the transportation security plans developed under section

70103.

(b) Mission. - Each maritime safety and security team shall be

trained, equipped, and capable of being employed to -

(1) deter, protect against, and rapidly respond to threats of

maritime terrorism;

(2) enforce moving or fixed safety or security zones

established pursuant to law;

(3) conduct high speed intercepts;

(4) 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;

(5) rapidly deploy to supplement United States armed forces

domestically or overseas;

(6) respond to criminal or terrorist acts within a port so as

to minimize, insofar as possible, the disruption caused by such

acts;

(7) assist with facility vulnerability assessments required

under this chapter; and

(8) carry out other security missions as are assigned to it by

the Secretary.

(c) Coordination With Other Agencies. - To the maximum extent

feasible, each maritime safety and security team shall coordinate

its activities with other Federal, State, and local law enforcement

and emergency response agencies.

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2074.)

-End-

-CITE-

46 USC Sec. 70107 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70107. Grants

-STATUTE-

(a) In General. - 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.

(b) Eligible Costs. - The following costs of funding the

correction of Coast Guard identified vulnerabilities in port

security and ensuring compliance with Area Maritime Transportation

Security Plans and facility security plans are eligible to be

funded:

(1) Salary, benefits, overtime compensation, retirement

contributions, and other costs of additional Coast Guard mandated

security personnel.

(2) The cost of acquisition, operation, and maintenance of

security equipment or facilities to be used for security

monitoring and recording, security gates and fencing, marine

barriers for designated security zones, security-related lighting

systems, remote surveillance, concealed video systems, security

vessels, and other security-related infrastructure or equipment

that contributes to the overall security of passengers, cargo, or

crewmembers.

(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.

(c) Matching Requirements. -

(1) 75-percent federal funding. - Except as provided in

paragraph (2), Federal funds for any eligible project under this

section shall not exceed 75 percent of the total cost of such

project.

(2) Exceptions. -

(A) Small projects. - There are no matching requirements for

grants under subsection (a) for projects costing not more than

$25,000.

(B) Higher level of support required. - If the Secretary of

Transportation determines that a proposed project merits

support and cannot be undertaken without a higher rate of

Federal support, then the Secretary may approve grants under

this section with a matching requirement other than that

specified in paragraph (1).

(d) Coordination and Cooperation Agreements. - The Secretary of

Transportation shall ensure that projects paid for, or the costs of

which are reimbursed, under this section within any area or port

are coordinated with other projects, and may require cooperative

agreements among users of the port and port facilities with respect

to projects funded under this section.

(e) Administration. -

(1) In general. - The program shall require eligible port

authorities, facility operators, and State and local agencies

required to provide security services, to submit an application,

at such time, in such form, and containing such information and

assurances as the Secretary of Transportation may require, and

shall include appropriate application, review, and delivery

mechanisms.

(2) Minimum standards for payment or reimbursement. - Each

application for payment or reimbursement of eligible costs shall

include, at a minimum, the following:

(A) A copy of the applicable Area Maritime Transportation

Security Plan or facility security plan.

(B) A comprehensive description of the need for the project,

and a statement of the project's relationship to the applicable

Area Maritime Transportation Security Plan or facility security

plan.

(C) A determination by the Captain of the Port that the

security project addresses or corrects Coast Guard identified

vulnerabilities in security and ensures compliance with Area

Maritime Transportation Security Plans and facility security

plans.

(3) Procedural safeguards. - The Secretary of Transportation

shall by regulation establish appropriate accounting, reporting,

and review procedures to ensure that amounts paid or reimbursed

under this section are used for the purposes for which they were

made available, all expenditures are properly accounted for, and

amounts not used for such purposes and amounts not obligated or

expended are recovered.

(4) Project approval required. - The Secretary of

Transportation may approve an application for the payment or

reimbursement of costs under this section only if the Secretary

of Transportation is satisfied that -

(A) the project is consistent with Coast Guard vulnerability

assessments and ensures compliance with Area Maritime

Transportation Security Plans and facility security plans;

(B) enough money is available to pay the project costs that

will not be reimbursed by the United States Government under

this section;

(C) the project will be completed without unreasonable delay;

and

(D) the recipient has authority to carry out the project as

proposed.

(f) Audits and Examinations. - A recipient of amounts made

available under this section shall keep such records as the

Secretary of Transportation may require, and make them available

for review and audit by the Secretary of Transportation, the

Comptroller General of the United States, or the Inspector General

of the Department of Transportation.

(g) Reports on Security Funding and Compliance. -

(1) Initial report. - Within 6 months after the date of

enactment of this Act, the Secretary of Transportation shall

transmit an unclassified report to the Senate Committee on

Commerce, Science, and Transportation and the House of

Representatives Committee on Transportation and Infrastructure,

that -

(A) includes a funding proposal and rationale to fund the

correction of Coast Guard identified vulnerabilities in port

security and to help ensure compliance with Area Maritime

Transportation Security Plans and facility security plans for

fiscal years 2003 through 2008; and

(B) includes projected funding proposals for fiscal years

2003 through 2008 for the following security programs:

(i) The Sea Marshall program.

(ii) The Automated Identification System and a system of

polling vessels on entry into United States waters.

(iii) The maritime intelligence requirements in this Act.

(iv) The issuance of transportation security cards required

by section 70105.

(v) The program of certifying secure systems of

transportation.

(2) Other expenditures. - The Secretary of Transportation

shall, as part of the report required by paragraph (1) report, in

coordination with the Commissioner of Customs, on projected

expenditures of screening and detection equipment and on cargo

security programs over fiscal years 2003 through 2008.

(3) Annual reports. - Annually, beginning 1 year after

transmittal of the report required by paragraph (1) until October

1, 2009, the Secretary of Transportation shall transmit an

unclassified annual report to the Senate Committee on Commerce,

Science, and Transportation and the House of Representatives

Committee on Transportation and Infrastructure, on progress in

achieving compliance with the correction of Coast Guard

identified vulnerabilities in port security and compliance with

Area Maritime Transportation Security Plans and facility security

plans that -

(A) identifies any modifications necessary in funding to

ensure the correction of Coast Guard identified vulnerabilities

and ensure compliance with Area Maritime Transportation

Security Plans and facility security plans;

(B) includes an assessment of progress in implementing the

grant program established by subsection (a);

(C) includes any recommendations the Secretary may make to

improve these programs; and

(D) with respect to a port selected by the Secretary of

Transportation, 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.

(h) Authorization of Appropriations. - There are authorized to be

appropriated to the Secretary of Transportation for each of fiscal

years 2003 through 2008 such sums as are necessary to carry out

subsections (a) through (g).

(i) Research and Development Grants for Port Security. -

(1) Authority. - The Secretary of Transportation is authorized

to establish and administer a grant program for the support of

research and development of technologies that can be used to

secure the ports of the United States. The Secretary may award

grants under the program to national laboratories, private

nonprofit organizations, institutions of higher education, and

other entities. The Secretary shall establish competitive

procedures for awarding grants under the program and criteria for

grant applications and eligibility.

(2) Use of funds. - Grants awarded pursuant to paragraph (1)

shall be used to develop -

(A) methods to increase the ability of the Customs Service to

inspect, or target for inspection, merchandise carried on any

vessel that will arrive or has arrived at any port or place in

the United States;

(B) equipment to accurately detect explosives, or chemical

and biological agents, that could be used to commit terrorist

acts against the United States;

(C) equipment to accurately detect nuclear materials,

including scintillation-based detection equipment capable of

attachment to spreaders to signal the presence of nuclear

materials during the unloading of containers;

(D) improved tags and seals designed for use on shipping

containers to track the transportation of the merchandise in

such containers, including "smart sensors" that are able to

track a container throughout its entire supply chain, detect

hazardous and radioactive materials within that container, and

transmit such information to the appropriate authorities at a

remote location;

(E) tools to mitigate the consequences of a terrorist act at

a port of the United States, including a network of sensors to

predict the dispersion of radiological, chemical, or biological

agents that might be intentionally or accidentally released; or

(F) applications to apply existing technologies from other

industries to increase overall port security.

(3) Administrative provisions. -

(A) No duplication of effort. - Before making any grant, the

Secretary of Transportation shall coordinate with other Federal

agencies to ensure the grant will not be used for research and

development that is already being conducted with Federal

funding.

(B) Accounting. - The Secretary of Transportation shall by

regulation establish accounting, reporting, and review

procedures to ensure that funds made available under paragraph

(1) are used for the purpose for which they were made

available, that all expenditures are properly accounted for,

and that amounts not used for such purposes and amounts not

expended are recovered.

(C) Recordkeeping. - Recipients of grants shall keep all

records related to expenditures and obligations of funds

provided under paragraph (1) and make them available upon

request to the Inspector General of the Department of

Transportation and the Secretary of Transportation for audit

and examination.

(D) Annual review and report. - The Inspector General of the

Department of Transportation shall annually review the program

established under paragraph (1) to ensure that the expenditures

and obligations of funds are consistent with the purposes for

which they are provided and report the findings to Congress.

(4) Authorization of appropriations. - There is authorized to

be appropriated $15,000,000 for each of the fiscal years 2003

through 2008 to carry out the provisions of this subsection.

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2075.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this Act, referred to in subsec. (g)(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. (g)(1)(B)(iii), probably means

the Maritime Transportation Security Act of 2002, Pub. L. 107-295,

Nov. 25, 2002, 116 Stat. 2064, which enacted this subtitle. For

complete classification of this Act to the Code, see Tables.

The Maritime Transportation Security Act of 2002, referred to in

subsec. (g)(3)(D), is Pub. L. 107-295, Nov. 25, 2002, 116 Stat.

2064. For complete classification of this Act to the Code, see

Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

46 USC Sec. 70108 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70108. Foreign port assessment

-STATUTE-

(a) In General. - The Secretary shall assess the effectiveness of

the antiterrorism measures maintained at -

(1) a foreign port -

(A) served by vessels documented under chapter 121 of this

title; or

(B) from which foreign vessels depart on a voyage to the

United States; and

(2) any other foreign port the Secretary believes poses a

security risk to international maritime commerce.

(b) Procedures. - In conducting an assessment under subsection

(a), the Secretary shall assess the effectiveness of -

(1) screening of containerized and other cargo and baggage;

(2) security measures to restrict access to cargo, vessels, and

dockside property to authorized personnel only;

(3) additional security on board vessels;

(4) licensing or certification of compliance with appropriate

security standards;

(5) the security management program of the foreign port; and

(6) other appropriate measures to deter terrorism against the

United States.

(c) Consultation. - In carrying out this section, the Secretary

shall consult with -

(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) the Secretary of the Treasury;

(3) appropriate authorities of foreign governments; and

(4) operators of vessels.

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2079.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 70109, 70110 of this

title.

-End-

-CITE-

46 USC Sec. 70109 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70109. Notifying foreign authorities

-STATUTE-

(a) In General. - If the Secretary, after conducting an

assessment under section 70108, finds that a port in a foreign

country does not maintain effective antiterrorism measures, the

Secretary shall notify the appropriate authorities of the

government of the foreign country of the finding and recommend the

steps necessary to improve the antiterrorism measures in use at the

port.

(b) Training Program. - The Secretary, in cooperation with the

Secretary of State, shall operate a port security training program

for ports in foreign countries that are found under section 70108

to lack effective antiterrorism measures.

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2080.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 70110 of this title.

-End-

-CITE-

46 USC Sec. 70110 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70110. Actions when foreign ports not maintaining effective

antiterrorism measures

-STATUTE-

(a) In General. - If the Secretary finds that a foreign port does

not maintain effective antiterrorism measures, the Secretary -

(1) may prescribe conditions of entry into the United States

for any vessel arriving from that port, or any vessel carrying

cargo or passengers originating from or transshipped through that

port;

(2) may deny entry into the United States to any vessel that

does not meet such conditions; and

(3) shall provide public notice for passengers of the

ineffective antiterrorism measures.

(b) Effective Date for Sanctions. - Any action taken by the

Secretary under subsection (a) for a particular port shall take

effect -

(1) 90 days after the government of the foreign country with

jurisdiction over or control of that port is notified under

section 70109 unless the Secretary finds that the government has

brought the antiterrorism measures at the port 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.

(c) State Department To Be Notified. - The Secretary immediately

shall notify the Secretary of State of a finding that a port does

not maintain effective antiterrorism measures.

(d) Action Canceled. - An action required under this section is

no longer required if the Secretary decides that effective

antiterrorism measures are maintained at the port.

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2080.)

-End-

-CITE-

46 USC Sec. 70111 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70111. Enhanced crewmember identification

-STATUTE-

(a) Requirement. - The Secretary, in consultation with the

Attorney General and the Secretary of State, shall require

crewmembers on vessels calling at United States ports to carry and

present on demand any identification that the Secretary decides is

necessary.

(b) Forms and Process. - The Secretary, in consultation with the

Attorney General and the Secretary of State, shall establish the

proper forms and process that shall be used for identification and

verification of crewmembers.

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2080.)

-MISC1-

INTERNATIONAL SEAFARER IDENTIFICATION

Pub. L. 107-295, title I, Sec. 103, Nov. 25, 2002, 116 Stat.

2084, provided that:

"(a) Treaty Initiative. - The Secretary of the department in

which the Coast Guard is operating is encouraged to negotiate an

international agreement, or an amendment to an international

agreement, that provides for a uniform, comprehensive,

international system of identification for seafarers that will

enable the United States and another country to establish

authoritatively the identity of any seafarer aboard a vessel within

the jurisdiction, including the territorial waters, of the United

States or such other country.

"(b) Legislative Alternative. - If the Secretary fails to

complete a negotiation process undertaken under subsection (a)

within 24 months after the date of enactment of this Act [Nov. 25,

2002], the Secretary shall transmit to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Transportation and Infrastructure of the House of Representatives a

draft of legislation that, if enacted, would establish a uniform,

comprehensive system of identification for seafarers."

[For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.]

-End-

-CITE-

46 USC Sec. 70112 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70112. Maritime Security Advisory Committees

-STATUTE-

(a) Establishment of Committees. - (1) The Secretary shall

establish a National Maritime Security Advisory Committee. The

Committee -

(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) Membership. - (1) Each of the committees established under

subsection (a) shall consist of not less than 7 members appointed

by the Secretary, each of whom has at least 5 years practical

experience in maritime security operations.

(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.

(c) Chairperson and Vice Chairperson. - (1) Each committee

established under subsection (a) shall elect 1 of its members as

the Chairman and 1 of its members as the Vice Chairperson.

(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) Observers. - (1) The Secretary shall, and the head of any

other interested Federal agency may, designate a representative to

participate as an observer with the Committee.

(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) Consideration of Views. - The Secretary shall consider the

information, advice, and recommendations of the Committee in

formulating policy regarding matters affecting maritime security.

(f) Compensation and Expenses. - (1) A member of a committee

established under this section, when attending meetings of the

committee or when otherwise engaged in the business of the

committee, is entitled to receive -

(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; Termination. - (1) The Federal Advisory Committee Act

(5 U.S.C. App.) -

(A) applies to the National Maritime Security Advisory

Committee established under this section, except that such

committee terminates on September 30, 2008; and

(B) does not apply to Area Maritime Security Advisory

Committees established under this section.

(2) Not later than September 30, 2006, 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.

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2081.)

-REFTEXT-

REFERENCES IN TEXT

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.

-End-

-CITE-

46 USC Sec. 70113 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70113. Maritime intelligence

-STATUTE-

(a) In General. - The Secretary shall implement a system to

collect, integrate, and analyze information concerning vessels

operating on or bound for waters subject to the jurisdiction of the

United States, including information related to crew, passengers,

cargo, and intermodal shipments.

(b) Consultation. - In developing the information system under

subsection (a), the Secretary shall consult with the Transportation

Security Oversight Board and other departments and agencies, as

appropriate.

(c) Information Integration. - To deter a transportation security

incident, the Secretary may collect information from public and

private entities to the extent that the information is not provided

by other Federal departments and agencies.

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2082.)

-End-

-CITE-

46 USC Sec. 70114 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70114. Automatic identification systems

-STATUTE-

(a) System Requirements. - (1) Subject to paragraph (2), the

following vessels, while operating on the navigable waters of the

United States, shall be equipped with and operate an automatic

identification system under regulations prescribed by the

Secretary:

(A) A self-propelled commercial vessel of at least 65 feet

overall in length.

(B) A vessel carrying more than a number of passengers for hire

determined by the Secretary.

(C) A towing vessel of more than 26 feet overall in length and

600 horsepower.

(D) Any other vessel for which the Secretary decides that an

automatic identification system is necessary for the safe

navigation of the vessel.

(2) The Secretary may -

(A) exempt a vessel from paragraph (1) if the Secretary finds

that an automatic identification system is not necessary for the

safe navigation of the vessel on the waters on which the vessel

operates; and

(B) waive the application of paragraph (1) with respect to

operation of vessels on navigable waters of the United States

specified by the Secretary if the Secretary finds that automatic

identification systems are not needed for safe navigation on

those waters.

(b) Regulations. - The Secretary shall prescribe regulations

implementing subsection (a), including requirements for the

operation and maintenance of the automatic identification systems

required under subsection (a).

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2082.)

-MISC1-

EFFECTIVE DATE

Pub. L. 107-295, title I, Sec. 102(e), Nov. 25, 2002, 116 Stat.

2084, provided that:

"(1) Schedule. - Section 70114 of title 46, United States Code,

as enacted by this Act, shall apply as follows:

"(A) On and after January 1, 2003, to any vessel built after

that date.

"(B) On and after July 1, 2003, to any vessel built before the

date referred to in subparagraph (A) that is -

"(i) a passenger vessel required to carry a certificate under

the International Convention for the Safety of Life at Sea,

1974 (SOLAS) [see 33 U.S.C. 1602 and notes thereunder];

"(ii) a tanker; or

"(iii) a towing vessel engaged in moving a tank vessel.

"(C) On and after December 31, 2004, to all other vessels built

before the date referred to in subparagraph (A).

"(2) Definition. - The terms in this subsection have the same

meaning as those terms have under section 2101 of title 46, United

States Code."

-End-

-CITE-

46 USC Sec. 70115 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70115. Long-range vessel tracking system

-STATUTE-

The Secretary may 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.

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2083.)

-End-

-CITE-

46 USC Sec. 70116 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70116. Secure systems of transportation

-STATUTE-

(a) In General. - The Secretary, in consultation with the

Transportation Security Oversight Board, shall establish a program

to evaluate and certify secure systems of international intermodal

transportation.

(b) Elements of Program. - The program shall include -

(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.

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2083.)

-MISC1-

REPORT ON SECURE SYSTEM OF TRANSPORTATION PROGRAM

Pub. L. 107-295, title I, Sec. 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.]

PERFORMANCE STANDARDS

Pub. L. 107-295, title I, Sec. 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.]

-End-

-CITE-

46 USC Sec. 70117 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle VI - Miscellaneous

CHAPTER 701 - PORT SECURITY

-HEAD-

Sec. 70117. Civil penalty

-STATUTE-

Any person that violates this chapter or any regulation under

this chapter shall be liable to the United States for a civil

penalty of not more than $25,000 for each violation.

-SOURCE-

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116

Stat. 2084.)

-End-