§ 70101. Definitions

For the purpose of this chapter:

• (1) The term “Area Maritime Transportation Security Plan” means an Area Maritime Transportation Security Plan prepared under section 70103(b).
• (2) The term “cybersecurity risk” has the meaning given the term in section 227 of the Homeland Security Act of 2002 ( 6 U.S.C. 148 ). 1 1 See References in Text note below.
• (3) The term “facility” means any structure or facility of any kind located in, on, under, or adjacent to any waters subject to the jurisdiction of the United States.
• (4) The term “National Maritime Transportation Security Plan” means the National Maritime Transportation Security Plan prepared and published under section 70103(a).
• (5) The term “owner or operator” means—
  • (A) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel; and
  • (B) in the case of a facility, any person owning, leasing, or operating such facility.
• (6) The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.
• (7) The term “transportation security incident” means a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area. In this paragraph, the term “economic disruption” does not include a work stoppage or other employee-related action not related to terrorism and resulting from an employee-employer dispute.

§ 70102. United States facility and vessel vulnerability assessments

• (a) 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)
  • (1) Based on the information gathered under subsection (a) of this section, the Secretary shall conduct a detailed vulnerability assessment of the facilities and vessels that may be involved in a transportation security incident. The vulnerability assessment shall include the following:
    • (A) Identification and evaluation of critical assets and infrastructures.
    • (B) Identification of the threats to those assets and infrastructures.
    • (C) Identification of weaknesses in physical security, security against cybersecurity risks, passenger and cargo security, structural integrity, protection systems, procedural policies, communications systems, transportation infrastructure, utilities, contingency response, and other areas as determined by the Secretary.
  • (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) The owner or operator of a facility, consistent with any Federal security restrictions, shall—
  • (1) make a current copy of the vulnerability assessment conducted under subsection (b) available to the port authority with jurisdiction of the facility and appropriate State or local law enforcement agencies; and
  • (2) integrate, to the maximum extent practical, any security system for the facility with compatible systems operated or maintained by the appropriate State, law enforcement agencies, and the Coast Guard.

§ 70102a. Port, harbor, and coastal facility security

• (a) The Secretary may take actions described in subsection (b) to prevent or respond to an act of terrorism against—
  • (1) an individual, vessel, or public or commercial structure, that is—
    • (A) subject to the jurisdiction of the United States; and
    • (B) located within or adjacent to the marine environment; or
  • (2) a vessel of the United States or an individual on board that vessel.
• (b) Under subsection (a), the Secretary may—
  • (1) carry out or require measures, including inspections, port and harbor patrols, the establishment of security and safety zones, and the development of contingency plans and procedures, to prevent or respond to acts of terrorism;
  • (2) recruit members of the Regular Coast Guard and the Coast Guard Reserve and train members of the Regular Coast Guard and the Coast Guard Reserve in the techniques of preventing and responding to acts of terrorism; and
  • (3) dispatch properly trained and qualified armed Coast Guard personnel on vessels and public or commercial structures on or adjacent to waters subject to United States jurisdiction to deter or respond to acts of terrorism or transportation security incidents, as defined in section 70101 of title 46 , United States Code.
• (c) This section shall be treated as part of chapter 700 for purposes of sections 70031, 70032, 70034, 70035, and 70036.

§ 70103. Maritime transportation security plans

• (a)
  • (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.
    • (K) A plan to detect, respond to, and recover from cybersecurity risks that may cause transportation security incidents.
  • (3) The Secretary shall, as the Secretary considers advisable, revise or otherwise amend the National Maritime Transportation Security Plan.
  • (4) Actions by Federal agencies to deter and minimize damage from a transportation security incident shall, to the greatest extent possible, be in accordance with the National Maritime Transportation Security Plan.
  • (5) The Secretary shall inform vessel and facility owners or operators of the provisions in the National Transportation Security Plan that the Secretary considers necessary for security purposes.
• (b)
  • (1) The Federal Maritime Security Coordinator designated under subsection (a)(2)(G) for an area shall—
    • (A) submit to the Secretary an Area Maritime Transportation Security Plan for the area; and
    • (B) solicit advice from the Area Security Advisory Committee required under this chapter, for the area to assure preplanning of joint deterrence efforts, including appropriate procedures for deterrence of a transportation security incident.
  • (2) The Area Maritime Transportation Security Plan for an area shall—
    • (A) when implemented in conjunction with the National Maritime Transportation Security Plan, be adequate to deter a transportation security incident in or near the area to the maximum extent practicable;
    • (B) describe the area and infrastructure covered by the plan, including the areas of population or special economic, environmental, or national security importance that might be damaged by a transportation security incident;
    • (C) describe in detail how the plan is integrated with other Area Maritime Transportation Security Plans, and with facility security plans and vessel security plans under this section;
    • (D) include consultation and coordination with the Department of Defense on matters relating to Department of Defense facilities and vessels;
    • (E) establish area response and recovery protocols to prepare for, respond to, mitigate against, and recover from a transportation security incident consistent with section 202 of the SAFE Port Act of 2006 ( 6 U.S.C. 942 ) and subsection (a) of this section;
    • (F) include any other information the Secretary requires;
    • (G) include a salvage response plan—
      • (i) to identify salvage equipment capable of restoring operational trade capacity; and
      • (ii) to ensure that the waterways are cleared and the flow of commerce through United States ports is reestablished as efficiently and quickly as possible after a maritime transportation security incident;
    • (H) include a plan for detecting, responding to, and recovering from cybersecurity risks that may cause transportation security incidents; and
    • (I) be updated at least every 5 years by the Federal Maritime Security Coordinator.
  • (3) The Secretary shall—
    • (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)
  • (1) Within 6 months after the prescription of interim final regulations on vessel and facility security plans, an owner or operator of a vessel or facility described in paragraph (2) shall prepare and submit to the Secretary a security plan for the vessel or facility, for deterring a transportation security incident to the maximum extent practicable.
  • (2) The vessels and facilities referred to in paragraph (1)—
    • (A) except as provided in subparagraph (B), are vessels and facilities that the Secretary believes may be involved in a transportation security incident; and
    • (B) do not include any vessel or facility owned or operated by the Department of Defense.
  • (3) A security plan required under this subsection shall—
    • (A) be consistent with the requirements of the National Maritime Transportation Security Plan and Area Maritime Transportation Security Plans;
    • (B) identify the qualified individual having full authority to implement security actions, and require immediate communications between that individual and the appropriate Federal official and the persons providing personnel and equipment pursuant to subparagraph (C);
    • (C) include provisions for—
      • (i) establishing and maintaining physical security, passenger and cargo security, and personnel security;
      • (ii) establishing and controlling access to secure areas of the vessel or facility, including access by persons engaged in the surface transportation of intermodal containers in or out of a port facility;
      • (iii) procedural security policies;
      • (iv) communications systems;
      • (v) detecting, responding to, and recovering from cybersecurity risks that may cause transportation security incidents; and
      • (vi) other security systems;
    • (D) identify, and ensure by contract or other means approved by the Secretary, the availability of security measures necessary to deter to the maximum extent practicable a transportation security incident or a substantial threat of such a security incident;
    • (E) describe the training, periodic unannounced drills, and security actions of persons on the vessel or at the facility, to be carried out under the plan to deter to the maximum extent practicable a transportation security incident, or a substantial threat of such a security incident;
    • (F) provide a strategy and timeline for conducting training and periodic unannounced drills;
    • (G) be updated at least every 5 years;
    • (H) be resubmitted for approval of each change to the vessel or facility that may substantially affect the security of the vessel or facility; and
    • (I) in the case of a security plan for a facility, be resubmitted for approval of each change in the ownership or operator of the facility that may substantially affect the security of the facility.
  • (4) The Secretary shall—
    • (A) promptly review each such plan;
    • (B) require amendments to any plan that does not meet the requirements of this subsection;
    • (C) approve any plan that meets the requirements of this subsection; and
    • (D) subject to the availability of appropriations, periodically, but not less than one time per year, conduct a risk-based, no notice facility inspection to verify the effectiveness of each such facility security plan.
  • (5) A vessel or facility for which a plan is required to be submitted under this subsection may not operate after the end of the 12-month period beginning on the date of the prescription 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) Information developed under this section or sections 70102, 70104, and 70108 is not required to be disclosed to the public, including—
    • (A) facility security plans, vessel security plans, and port vulnerability assessments; and
    • (B) other information related to security plans, procedures, or programs for vessels or facilities authorized under this section or sections 70102, 70104, and 70108.
  • (2) Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 1520.5 of title 49, Code of Federal Regulations)—
    • (A) to conceal a violation of law, inefficiency, or administrative error;
    • (B) to prevent embarrassment to a person, organization, or agency;
    • (C) to restrain competition; or
    • (D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.
• (e)
  • (1) Consistent with other provisions of Federal law, the Coast Guard shall coordinate and be responsible for the enforcement of any Federal security zone established by the Coast Guard around a vessel containing especially hazardous cargo. The Coast Guard shall allocate available resources so as to deter and respond to a transportation security incident, to the maximum extent practicable, and to protect lives or protect property in danger.
  • (2)
    • (A) When the Secretary submits the annual budget request for a fiscal year for the department in which the Coast Guard is operating to the Office of Management and Budget, the Secretary shall provide to the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes—
      • (i) for the last full fiscal year preceding the report, a statement of the number of security zones established for especially hazardous cargo shipments;
      • (ii) for the last full fiscal year preceding the report, a statement of the number of especially hazardous cargo shipments provided a waterborne security escort, subdivided by Federal, State, local, or private security; and
      • (iii) an assessment as to any additional vessels, personnel, infrastructure, and other resources necessary to provide waterborne escorts to those especially hazardous cargo shipments for which a security zone is established.
    • (B) In this subsection, the term “especially hazardous cargo” means anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural gas, liquiefied petroleum gas, and any other substance, material, or group or class of material, in a particular amount and form that the Secretary determines by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce.
• (f) Notwithstanding any other provision of law, information related to security plans, procedures, or programs for passenger vessels or passenger terminals authorized under this chapter is not required to be disclosed to the public.

§ 70104. Transportation security incident response

• (a) The Secretary shall—
  • (1) establish security incident response plans for vessels and facilities that may be involved in a transportation security incident; and
  • (2) make those plans available to the Administrator of the Federal Emergency Management Agency for inclusion in the Administrator’s response plan for United States ports and waterways.
• (b) Response plans developed under subsection (a) shall provide a comprehensive response to an emergency, including notifying and coordinating with local, State, and Federal authorities, including the Administrator of the Federal Emergency Management Agency, securing the facility or vessel, and evacuating facility and vessel personnel.
• (c) A response plan required under this subsection for a vessel or facility may be included in the security plan prepared under section 70103(c).

§ 70105. Transportation security cards

• (a)
  • (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)
  • (1) The Secretary shall issue a biometric transportation security card to an individual specified in paragraph (2), unless the Secretary determines under subsection (c) that the individual poses a security risk warranting denial of the card.
  • (2) This subsection applies to—
    • (A) an individual allowed unescorted access to a secure area designated in a vessel or facility security plan approved under section 70103 of this title ;
    • (B) an individual issued a license, certificate of registry, or merchant mariners document under part E of subtitle II of this title allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title ;
    • (C) a vessel pilot;
    • (D) an individual engaged on a towing vessel that pushes, pulls, or hauls alongside a tank vessel allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title ;
    • (E) an individual with access to security sensitive information as determined by the Secretary;
    • (F) other individuals engaged in port security activities as determined by the Secretary;
    • (G) a member of the Armed Forces who—
      • (i) is undergoing separation, discharge, or release from the Armed Forces under honorable conditions;
      • (ii) applies for a transportation security card; and
      • (iii) is otherwise eligible for such a card; and
    • (H) other individuals as determined appropriate by the Secretary including individuals employed at a port not otherwise covered by this subsection.
  • (3) The Secretary may extend for up to one year the expiration of a biometric transportation security card required by this section to align the expiration with the expiration of a license, certificate of registry, or merchant mariner document required under chapter 71 or 73.
• (c)
  • (1)
    • (A) Except as provided under paragraph (2), an individual is permanently disqualified from being issued a biometric transportation security card under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, in a civilian or military jurisdiction of any of the following felonies:
      • (i) Espionage or conspiracy to commit espionage.
      • (ii) Sedition or conspiracy to commit sedition.
      • (iii) Treason or conspiracy to commit treason.
      • (iv) A Federal crime of terrorism (as defined in section 2332b(g) of title 18 ), a crime under a comparable State law, or conspiracy to commit such crime.
      • (v) A crime involving a transportation security incident.
      • (vi) Improper transportation of a hazardous material in violation of section 5104(b) of title 49 , or a comparable State law.
      • (vii) Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, an explosive or explosive device. In this clause, an explosive or explosive device includes—
        • (I) an explosive (as defined in sections 232(5) and 844(j) of title 18);
        • (II) explosive materials (as defined in subsections (c) through (f) of section 841 of title 18 ); and
        • (III) a destructive device (as defined in 921(a)(4) of title 18 or section 5845(f) of the Internal Revenue Code of 1986).
      • (viii) Murder.
      • (ix) Making any threat, or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a State or other government facility, a public transportation system, or an infrastructure facility.
      • (x) A violation of chapter 96 of title 18, popularly known as the Racketeer Influenced and Corrupt Organizations Act, or a comparable State law, if one of the predicate acts found by a jury or admitted by the defendant consists of one of the crimes listed in this subparagraph.
      • (xi) Attempt to commit any of the crimes listed in clauses (i) through (iv).
      • (xii) Conspiracy or attempt to commit any of the crimes described in clauses (v) through (x).
    • (B) Except as provided under paragraph (2), an individual is disqualified from being issued a biometric transportation security card under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, during the 7-year period ending on the date on which the individual applies for such card, or was released from incarceration during the 5-year period ending on the date on which the individual applies for such card, of any of the following felonies:
      • (i) Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, a firearm or other weapon. In this clause, a firearm or other weapon includes—
        • (I) firearms (as defined in section 921(a)(3) of title 18 or section 5845(a) of the Internal Revenue Code of 1986); and
        • (II) items contained on the U.S. Munitions Import List under section 447.21 of title 27, Code of Federal Regulations.
      • (ii) Extortion.
      • (iii) Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering if the money laundering is related to a crime described in this subparagraph or subparagraph (A). In this clause, welfare fraud and passing bad checks do not constitute dishonesty, fraud, or misrepresentation.
      • (iv) Bribery.
      • (v) Smuggling.
      • (vi) Immigration violations.
      • (vii) Distribution of, possession with intent to distribute, or importation of a controlled substance.
      • (viii) Arson.
      • (ix) Kidnaping or hostage taking.
      • (x) Rape or aggravated sexual abuse.
      • (xi) Assault with intent to kill.
      • (xii) Robbery.
      • (xiii) Conspiracy or attempt to commit any of the crimes listed in this subparagraph.
      • (xiv) Fraudulent entry into a seaport in violation of section 1036 of title 18 , or a comparable State law.
      • (xv) A violation of the chapter 96 of title 18 (popularly known as the Racketeer Influenced and Corrupt Organizations Act) or a comparable State law, other than any of the violations listed in subparagraph (A)(x).
    • (C) An applicant who is wanted, or under indictment, in any civilian or military jurisdiction for a felony listed in paragraph (1)(A), is disqualified from being issued a biometric transportation security card under subsection (b) until the want or warrant is released or the indictment is dismissed.
    • (D) Except as provided under subparagraphs (A) through (C), an individual may not be denied a transportation security card under subsection (b) unless the Secretary determines that individual—
      • (i) has been convicted within the preceding 7-year period of a felony or found not guilty by reason of insanity of a felony—
        • (I) that the Secretary believes could cause the individual to be a terrorism security risk to the United States; or
        • (II) for causing a severe transportation security incident;
      • (ii) has been released from incarceration within the preceding 5-year period for committing a felony described in clause (i);
      • (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) The Secretary may, by rulemaking, add to or modify the list of disqualifying crimes described in paragraph (1)(B).
  • (2) The Secretary shall prescribe regulations that establish a waiver process for issuing a transportation security card to an individual found to be otherwise ineligible for such a card under subparagraph (A), (B), or (D) of paragraph (1). In deciding to issue a card to such an individual, the Secretary shall—
    • (A) give consideration to the circumstances of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation remedies, and other factors from which it may be concluded that the individual does not pose a terrorism risk warranting denial of the card; and
    • (B) issue a waiver to an individual without regard to whether that individual would otherwise be disqualified if the individual’s employer establishes alternate security arrangements acceptable to the Secretary.
  • (3)
    • (A) The Secretary shall establish a review process before an administrative law judge for individuals denied a waiver under paragraph (2).
    • (B) In conducting a review under the process established pursuant to subparagraph (A), the administrative law judge shall be governed by the standards of section 706 of title 5 . The substantial evidence standard in section 706(2)(E) of title 5 shall apply whether or not there has been an agency hearing. The judge shall review all facts on the record of the agency.
    • (C) The Secretary, in consultation with the Director of National Intelligence, shall issue regulations to establish procedures by which the Secretary, as part of a review conducted under this paragraph, may provide to the individual adversely affected by the determination an unclassified summary of classified evidence upon which the denial of a waiver by the Secretary was based.
    • (D)
      • (i) As part of a review conducted under this section, if the decision of the Secretary was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Secretary to the reviewing administrative law judge, pursuant to appropriate security procedures, and shall be reviewed by the administrative law judge ex parte and in camera.
      • (ii) Pursuant to existing procedures and requirements, the Secretary, in coordination (as necessary) with the heads of other affected departments or agencies, shall ensure that administrative law judges reviewing negative waiver decisions of the Secretary under this paragraph possess security clearances appropriate for such review.
      • (iii) As part of a review conducted under this paragraph and upon the request of the individual adversely affected by the decision of the Secretary not to grant a waiver, the Secretary shall provide to the individual and reviewing administrative law judge, consistent with the procedures established under clause (i), an unclassified summary of any classified information upon which the decision of the Secretary was based.
    • (E) The Secretary shall establish a process under which an individual may submit a new request for a waiver, notwithstanding confirmation by the administrative law judge of the Secretary’s initial denial of the waiver, if the request is supported by substantial evidence that was not available to the Secretary at the time the initial waiver request was denied.
  • (4) The Secretary shall establish an appeals process under this section for individuals found to be ineligible for a transportation security card that includes notice and an opportunity for a hearing.
  • (5) Upon application, the Secretary may issue a transportation security card to an individual if the Secretary has previously determined, under section 5103a of title 49 , that the individual does not pose a security risk.
• (d)
  • (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)
  • (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) In this section, the term “alien” has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(3) ).
• (g) The Assistant Secretary of Homeland Security for the Transportation Security Administration and the Commandant of the Coast Guard shall concurrently process an application from an individual for merchant mariner’s documents under chapter 73 of title 46, United States Code, and an application from that individual for a transportation security card under this section.
• (h) The Secretary shall ensure that the fees charged each individual applying for a transportation security card under this section who has passed a background check under section 5103a(d) of title 49 , United States Code, and who has a current hazardous materials endorsement in accordance with section 1572 of title 49 , Code of Federal Regulations, and each individual with a current merchant mariners’ document who has passed a criminal background check under section 7302(d)—
  • (1) are for costs associated with the issuance, production, and management of the transportation security card, as determined by the Secretary; and
  • (2) do not include costs associated with performing a background check for that individual, except for any incremental costs in the event that the scope of such background checks diverge.
• (i) In implementing the transportation security card program under this section, the Secretary shall—
  • (1) establish a priority for each United States port based on risk, including vulnerabilities assessed under section 70102; and
  • (2) implement the program, based upon such risk and other factors as determined by the Secretary, at all facilities regulated under this chapter at—
    • (A) the 10 United States ports that the Secretary designates top priority not later than July 1, 2007 ;
    • (B) the 40 United States ports that are next in order of priority to the ports described in subparagraph (A) not later than January 1, 2008 ; and
    • (C) all other United States ports not later than January 1, 2009 .
• (j)
  • (1) The Secretary and the Secretary of Defense shall enter into a memorandum of understanding regarding the submission and processing of applications for transportation security cards under subsection (b)(2)(G).
  • (2) Not later than 30 days after the submission of such an application by an individual who is eligible to submit such an application, the Secretary shall process and approve or deny the application unless an appeal or waiver applies or further application documentation is necessary.
• (k)
  • (1)
    • (A) The Secretary shall conduct a pilot program to test the business processes, technology, and operational impacts required to deploy transportation security card readers at secure areas of the marine transportation system.
    • (B) The pilot program shall take place at not fewer than 5 distinct geographic locations, to include vessels and facilities in a variety of environmental settings.
    • (C) The pilot program shall commence not later than 180 days after the date of the enactment of the SAFE Port Act.
  • (2)
    • (A) The pilot program described in paragraph (1) shall be conducted concurrently with the issuance of the transportation security cards described in subsection (b) to ensure card and card reader interoperability.
    • (B) An individual charged a fee for a transportation security card issued under this section may not be charged an additional fee if the Secretary determines different transportation security cards are needed based on the results of the pilot program described in paragraph (1) or for other reasons related to the technology requirements for the transportation security card program.
  • (3) Not later than 2 years after the commencement of the pilot program under paragraph (1)(C), the Secretary, after a notice and comment period that includes at least 1 public hearing, shall promulgate final regulations that require the deployment of transportation security card readers that are consistent with the findings of the pilot program and build upon the regulations prescribed under subsection (a).
  • (4) Not later than 120 days before the promulgation of regulations under paragraph (3), the Secretary shall submit a comprehensive report to the appropriate congressional committees (as defined in section 2(1) of SAFE Port Act) that includes—
    • (A) the findings of the pilot program with respect to technical and operational impacts of implementing a transportation security card reader system;
    • (B) any actions that may be necessary to ensure that all vessels and facilities to 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) Not later than 6 months after the date of the enactment of the SAFE Port Act, and every 6 months thereafter until the requirements under this section are fully implemented, the Secretary shall submit a report on progress being made in implementing such requirements to the appropriate congressional committees (as defined in section 2(1) of the SAFE Port Act).
• (m) The Secretary may not require the placement of an electronic reader for transportation security cards on a vessel unless—
  • (1) the vessel has more individuals on the crew that are required to have a transportation security card than the number the Secretary determines, by regulation issued under subsection (k)(3), warrants such a reader; or
  • (2) the Secretary determines that the vessel is at risk of a severe transportation security incident.
• (n) The Secretary may use a secondary authentication system to verify the identification of individuals using transportation security cards when the individual’s fingerprints are not able to be taken or read.
• (o) The Secretary shall coordinate with owners and operators subject to this section to allow any individual who has a pending application for a transportation security card under this section or is waiting for reissuance of such card, including any individual whose card has been lost or stolen, and who needs to perform work in a secure or restricted area to have access to such area for that purpose through escorting of such individual in accordance with subsection (a)(1)(B) by another individual who holds a transportation security card. Nothing in this subsection shall be construed as requiring or compelling an owner or operator to provide escorted access.
• (p) The Secretary shall review an initial transportation security card application and respond to the applicant, as appropriate, including the mailing of an Initial Determination of Threat Assessment letter, within 30 days after receipt of the initial application. The Secretary shall, to the greatest extent practicable, review appeal and waiver requests submitted by a transportation security card applicant, and send a written decision or request for additional information required for the appeal or waiver determination, within 30 days after receipt of the applicant’s appeal or waiver written request. For an applicant that is required to submit additional information for an appeal or waiver determination, the Secretary shall send a written decision, to the greatest extent practicable, within 30 days after receipt of all requested information.
• (q)
  • (1) Not later than one year after the date of publication of final regulations required by subsection (k)(3) of this section the Secretary shall develop a plan to permit the receipt and activation of transportation security cards at any vessel or facility described in subsection (a) of this section that desires to implement this capability. This plan shall comply, to the extent possible, with all appropriate requirements of Federal standards for personal identity verification and credential.
  • (2) The Secretary may not require any such vessel or facility to provide on-site activation capability.

§ 70106. Deployable, specialized forces

• (a)
  • (1) To enhance the domestic maritime security capability of the United States, the Secretary shall establish deployable specialized forces of varying capabilities as are needed to safeguard the public and protect vessels, harbors, ports, facilities, and cargo in waters subject to the jurisdiction of the United States from destruction, loss or injury from crime, or sabotage due to terrorist activity, and to respond to such activity in accordance with the transportation security plans developed under section 70103.
  • (2) Such specialized forces shall include no less than two enhanced teams to serve as deployable forces capable of combating terrorism, engaging in interdiction, law enforcement, and advanced tactical maritime security operations to address known or potentially armed security threats (including non-compliant actors at sea), and participating in homeland security, homeland defense, and counterterrorism exercises in the maritime environment.
• (b) The combined force of the specialized forces established under subsection (a) shall be trained, equipped, and capable of being deployed to—
  • (1) deter, protect against, and rapidly respond to threats of maritime terrorism;
  • (2) conduct maritime operations to protect against and disrupt illegal use, access to, or proliferation of weapons of mass destruction;
  • (3) enforce moving or fixed safety or security zones established pursuant to law;
  • (4) conduct high speed intercepts;
  • (5) board, search, and seize any article or thing on or at, respectively, a vessel or facility found to present a risk to the vessel or facility, or to a port;
  • (6) rapidly deploy to supplement United States armed forces domestically or overseas;
  • (7) respond to criminal or terrorist acts so as to minimize, insofar as possible, the disruption caused by such acts;
  • (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) The enhanced teams established under subsection (a)(2) shall, to the extent practicable, be stationed in such a way so as to minimize the response time to maritime terrorist threats and potential or actual transportation security incidents.
• (d) To the maximum extent feasible, the combined force of the specialized forces established under subsection (a) shall coordinate their activities with other Federal, State, and local law enforcement and emergency response agencies.

§ 70107. Grants

• (a) The Secretary shall establish a grant program for the allocation of funds based on risk to implement Area Maritime Transportation Security Plans and facility security plans among port authorities, facility operators, and State and local government agencies required to provide port security services and to train law enforcement personnel under section 70132 of this title . Before awarding a grant under the program, the Secretary shall provide for review and comment by the appropriate Federal Maritime Security Coordinators and the Maritime Administrator. In administering the grant program, the Secretary shall take into account national economic, energy, and strategic defense concerns based upon the most current risk assessments available.
• (b) The following costs of funding the correction of Coast Guard identified vulnerabilities in port security and ensuring compliance with Area Maritime Transportation Security Plans and facility security plans are eligible to be funded:
  • (1) Salary, benefits, overtime compensation, retirement contributions, and other costs of additional Coast Guard mandated security personnel.
  • (2) The cost of acquisition, operation, and maintenance of security equipment or facilities to be used for security monitoring and recording, security gates and fencing, marine barriers for designated security zones, security-related lighting systems, remote surveillance, concealed video systems, security vessels, and other security-related infrastructure or equipment that contributes to the overall security of passengers, cargo, or crewmembers. Grants awarded under this section may not be used to construct buildings or other physical facilities, except those which are constructed under terms and conditions consistent with the requirements under section 611(j)(8) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5196(j)(8) ), including those facilities in support of this paragraph, and specifically approved by the Secretary. Costs eligible for funding under this paragraph may not exceed the greater of—
    • (A) $1,000,000 per project; or
    • (B) such greater amount as may be approved by the Secretary, which may not exceed 10 percent of the total amount of the grant.
  • (3) The cost of screening equipment, including equipment that detects weapons of mass destruction and conventional explosives, and of testing and evaluating such equipment, to certify secure systems of transportation.
  • (4) The cost of conducting vulnerability assessments to evaluate and make recommendations with respect to security.
  • (5) The cost of conducting exercises or training for prevention and detection of, preparedness for, response to, or recovery from terrorist attacks.
  • (6) The cost of establishing or enhancing mechanisms for sharing terrorism threat information and ensuring that the mechanisms are interoperable with Federal, State, and local agencies.
  • (7) The cost of equipment (including software) required to receive, transmit, handle, and store classified information.
  • (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) 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)
    • (A) There are no matching requirements for grants under subsection (a) for projects costing not more than $25,000.
    • (B) If the Secretary determines that a proposed project merits support and cannot be undertaken without a higher rate of Federal support, then the Secretary may approve grants under this section with a matching requirement other than that specified in paragraph (1).
    • (C) There are no matching requirements for grants under subsection (a) to train law enforcement agency personnel in the enforcement of security zones under section 70132 of this title or in assisting in the enforcement of such security zones.
• (d) The Secretary 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)
  • (1) The Secretary may execute letters of intent to commit funding to such authorities, operators, and agencies.
  • (2) Not more than 20 percent of the grant funds awarded under this subsection in any fiscal year may be awarded for projects that span multiple years.
• (f) The Secretary shall ensure that each grant awarded under subsection (e)—
  • (1) is used to supplement and support, in a consistent and coordinated manner, the applicable Area Maritime Transportation Security Plan; and
  • (2) is coordinated with any applicable State or Urban Area Homeland Security Plan.
• (g) Any entity subject to an Area Maritime Transportation Security Plan may submit an application for a grant under this section, at such time, in such form, and containing such information and assurances as the Secretary may require.
• (h) Not later than 180 days after the date of the enactment of the SAFE Port Act, the Secretary, acting through the Commandant of the Coast Guard, shall submit a report to Congress, in a secure format, describing the methodology used to allocate port security grant funds on the basis of risk.
• (i)
  • (1) The Secretary shall require eligible port authorities, facility operators, and State and local agencies required to provide security services, to submit an application, at such time, in such form, and containing such information and assurances as the Secretary may require, and shall include appropriate application, review, and delivery mechanisms.
  • (2) 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) The Secretary shall by regulation establish appropriate accounting, reporting, and review procedures to ensure that amounts paid or reimbursed under this section are used for the purposes for which they were made available, all expenditures are properly accounted for, and amounts not used for such purposes and amounts not obligated or expended are recovered.
  • (4) The Secretary may approve an application for the payment or reimbursement of costs under this section only if the Secretary is satisfied that—
    • (A) the project is consistent with Coast Guard vulnerability assessments and ensures compliance with Area Maritime Transportation Security Plans and facility security plans;
    • (B) enough money is available to pay the project costs that will not be reimbursed by the United States Government under this section;
    • (C) the project will be completed without unreasonable delay; and
    • (D) the recipient has authority to carry out the project as proposed.
• (j) A recipient of amounts made available under this section shall keep such records as the Secretary may require, and make them available for review and audit by the Secretary, the Comptroller General of the United States, or the Inspector General of the department in which the Coast Guard is operating.
• (k)
  • (1) Within 6 months after the date of enactment of this Act, the Secretary shall transmit an unclassified report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, that—
    • (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) The Secretary shall, as part of the report required by paragraph (1) report, in coordination with the Commissioner of Customs, on projected expenditures of screening and detection equipment and on cargo security programs over fiscal years 2003 through 2008.
  • (3) Annually, beginning 1 year after transmittal of the report required by paragraph (1) until October 1, 2009 , the Secretary shall transmit an unclassified annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, on progress in achieving compliance with the correction of Coast Guard identified vulnerabilities in port security and compliance with Area Maritime Transportation Security Plans and facility security plans that—
    • (A) identifies any modifications necessary in funding to ensure the correction of Coast Guard identified vulnerabilities and ensure compliance with Area Maritime Transportation Security Plans and facility security plans;
    • (B) includes an assessment of progress in implementing the grant program established by subsection (a);
    • (C) includes any recommendations the Secretary may make to improve these programs; and
    • (D) with respect to a port selected by the Secretary, describes progress and enhancements of applicable Area Maritime Transportation Security Plans and facility security plans and how the Maritime Transportation Security Act of 2002 has improved security at that port.
• (l) There are authorized to be appropriated $400,000,000 for each of the fiscal years 2007 through 2013 to carry out this section.
• (m)
  • (1) The Secretary shall conduct investigations, fund pilot programs, and award grants, to examine or develop—
    • (A) methods or programs to increase the ability to target for inspection vessels, cargo, crewmembers, or passengers that will 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) In conjunction with ongoing efforts to improve security at United States ports, the Secretary may conduct pilot projects at United States ports to test the effectiveness and applicability of new port security projects, including—
      • (i) testing of new detection and screening technologies;
      • (ii) projects to protect United States ports and infrastructure on or adjacent to the navigable waters of the United States, including underwater access; and
      • (iii) tools for responding to a transportation security incident at United States ports and infrastructure on or adjacent to the navigable waters of the United States, including underwater access.
    • (B) There is authorized to be appropriated to the Secretary $35,000,000 for each of fiscal years 2005 through 2009 to carry out this subsection.
  • (3)
    • (A) The Secretary may make grants or enter into cooperative agreements with eligible nonprofit institutions of higher learning to conduct investigations in collaboration with ports and the maritime transportation industry focused on enhancing security of the Nation’s ports in accordance with this subsection through National Port Security Centers.
    • (B) To be eligible to receive a grant under this paragraph, a nonprofit institution of higher learning, or a consortium of such institutions, shall submit an application to the Secretary in such form and containing such information as the Secretary may require.
    • (C) The Secretary shall select grant recipients under this paragraph through a competitive process on the basis of the following criteria:
      • (i) Whether the applicant can demonstrate that personnel, laboratory, and organizational resources will be available to the applicant to carry out the investigations authorized in this paragraph.
      • (ii) The applicant’s capability to provide leadership in making national and regional contributions to the solution of immediate and long-range port and maritime transportation security and risk mitigation problems.
      • (iii) Whether the applicant can demonstrate that the applicant has an established, nationally recognized program in disciplines that contribute directly to maritime transportation safety and education.
      • (iv) Whether the applicant’s investigations will involve major United States ports on the East Coast, the Gulf Coast, and the West Coast, and Federal agencies and other entities with expertise in port and maritime transportation.
      • (v) Whether the applicant has a strategic plan for carrying out the proposed investigations under the grant.
  • (4)
    • (A) Before making any grant, the Secretary shall coordinate with other Federal agencies to ensure the grant will not duplicate work already being conducted with Federal funding.
    • (B) The Secretary shall by regulation establish accounting, reporting, and review procedures to ensure that funds made available under paragraph (1) are used for the purpose for which they were made available, that all expenditures are properly accounted for, and that amounts not used for such purposes and amounts not expended are recovered.
    • (C) Recipients of grants shall keep all records related to expenditures and obligations of funds provided under paragraph (1) and make them available upon request to the Inspector General of the department in which the Coast Guard is operating and the Secretary for audit and examination.
  • (5) The Inspector General of the department in which the Coast Guard is operating shall annually review the programs established under this subsection to ensure that the expenditures and obligations of funds are consistent with the purposes for which they are provided, and report the findings to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

§ 70108. Foreign port assessment

• (a) 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) 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) 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) appropriate authorities of foreign governments; and
  • (3) operators of vessels.
• (d) The Secretary, acting through the Commandant of the Coast Guard, shall reassess the effectiveness of antiterrorism measures maintained at ports as described under subsection (a) and of procedures described in subsection (b) not less than once every 3 years.
• (e) The absence of an inspection of a foreign port shall not bar the Secretary from making a finding that a port in a foreign country does not maintain effective antiterrorism measures.
• (f)
  • (1) For the purposes of this section and section 70109, the Secretary may treat an assessment that a foreign government (including, for the purposes of this subsection, an entity of or operating under the auspices of the European Union) or international organization has conducted as an assessment that the Secretary has conducted for the purposes of subsection (a), provided that the Secretary certifies that the foreign government or international organization has—
    • (A) conducted the assessment in accordance with subsection (b); and
    • (B) provided the Secretary with sufficient information pertaining to its assessment (including, but not limited to, information on the outcome of the assessment).
  • (2) For the purposes of this section and section 70109, the Secretary, in consultation with the Secretary of State, may enter into an agreement with a foreign government (including, for the purposes of this subsection, an entity of or operating under the auspices of the European Union) or international organization, under which parties to the agreement—
    • (A) conduct an assessment, required under subsection (a);
    • (B) share information pertaining to such assessment (including, but not limited to, information on the outcome of the assessment); or
    • (C) both.
  • (3) Nothing in this subsection shall be construed to—
    • (A) require the Secretary to recognize an assessment that a foreign government or an international organization has conducted; or
    • (B) limit the discretion or ability of the Secretary to conduct an assessment under this section.
  • (4) Not later than 30 days before entering into an agreement or arrangement with a foreign government under paragraph (2), the Secretary shall notify the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the proposed terms of such agreement or arrangement.

§ 70109. Notifying foreign authorities

• (a) Unless the Secretary finds that a port in a foreign country maintains effective antiterrorism measures, the Secretary shall notify the appropriate authorities of the government of the foreign country of the finding and recommend the steps necessary to improve the antiterrorism measures in use at the port.
• (b) 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.

§ 70110. Actions and assistance for foreign ports or facilities and United States territories

• (a) Unless the Secretary finds that a foreign port or facility maintains effective antiterrorism measures, the Secretary—
  • (1) may prescribe conditions of entry into the United States for any vessel arriving from that port or facility, or any vessel carrying cargo or passengers originating from or transshipped through that port or facility;
  • (2) may deny entry into the United States to any vessel that does not meet such conditions; and
  • (3) shall provide public notice for passengers of the ineffective antiterrorism measures.
• (b) Any action taken by the Secretary under subsection (a) for a particular port or facility shall take effect—
  • (1) 90 days after the government of the foreign country with jurisdiction over or control of that port or facility is notified under section 70109 unless the Secretary finds that the government has brought the antiterrorism measures at the port or facility up to the security level the Secretary used in making an assessment under section 70108 before the end of that 90-day period; or
  • (2) immediately upon the finding of the Secretary under subsection (a) if the Secretary finds, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from the port or facility.
• (c) The Secretary immediately shall notify the Secretary of State of a finding that a port or facility does not maintain effective antiterrorism measures.
• (d) An action required under this section is no longer required if the Secretary decides that effective antiterrorism measures are maintained at the port or facility.
• (e)
  • (1) The Secretary, in consultation with the Secretary of Transportation, the Secretary of State, and the Secretary of Energy, shall identify assistance programs that could facilitate implementation of port or facility security antiterrorism measures in foreign countries and territories of the United States. The Secretary shall establish a strategic plan to utilize those assistance programs to assist ports and facilities that are found by the Secretary under subsection (a) not to maintain effective antiterrorism measures in the implementation of port or facility security antiterrorism measures.
  • (2) The Secretary, in coordination with the Secretary of State and in consultation with the Organization of American States and the Commandant of the Coast Guard, shall place particular emphasis on utilizing programs to facilitate the implementation of port or facility security antiterrorism measures at the ports located in the Caribbean Basin, as such ports pose unique security and safety threats to the United States due to—
    • (A) the strategic location of such ports between South America and the United States;
    • (B) the relative openness of such ports; and
    • (C) the significant number of shipments of narcotics to the United States that are moved through such ports.
• (f)
  • (1) The Secretary may lend, lease, donate, or otherwise provide equipment, and provide technical training and support, to the owner or operator of a foreign port or facility—
    • (A) to assist in bringing the port or facility into compliance with applicable International Ship and Port Facility Code standards; and
    • (B) to assist the port or facility in correcting deficiencies identified in periodic port assessments and reassessments required under section 70108 of this title .
  • (2) The Secretary—
    • (A) may provide such assistance based upon an assessment of the risks to the security of the United States and the inability of the owner or operator of the port or facility to bring the port or facility into compliance with those standards and to maintain compliance with, or exceed, such standards;
    • (B) may not provide such assistance unless the port or facility has been subjected to a comprehensive port security assessment by the Coast Guard; and
    • (C) may only lend, lease, or otherwise provide equipment that the Secretary has first determined is not required by the Coast Guard for the performance of its missions.

§ 70111. Enhanced crewmember identification

• (a) Not later than 1 year after the date of enactment of the SAFE Port Act, the Secretary, in consultation with the Attorney General and the Secretary of State, shall require crewmembers on vessels calling at United States ports to carry and present on demand any identification that the Secretary decides is necessary.
• (b) Not later than 1 year after the date of enactment of the SAFE Port Act, the Secretary, in consultation with the Attorney General and the Secretary of State, shall establish the proper forms and process that shall be used for identification and verification of crewmembers.

§ 70112. Maritime Security Advisory Committees

• (a)
  • (1) There is established a National Maritime Security Advisory Committee (in this subsection referred to as the “Committee”).
  • (2) The Committee shall advise the Secretary on matters relating to national maritime security, including on enhancing the sharing of information related to cybersecurity risks that may cause a transportation security incident, between relevant Federal agencies and—
    • (A) State, local, and tribal governments;
    • (B) relevant public safety and emergency response agencies;
    • (C) relevant law enforcement and security organizations;
    • (D) maritime industry;
    • (E) port owners and operators; and
    • (F) terminal owners and operators.
  • (3)
    • (A) The Committee shall consist of at least 8 members, but not more than 21 members, appointed by the Secretary in accordance with this subsection and section 15109 of this title .
    • (B) Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
    • (C) Each of the following shall be represented by at least 1 member of the Committee:
      • (i) Port authorities.
      • (ii) Facilities owners and operators.
      • (iii) Terminal owners and operators.
      • (iv) Vessel owners and operators.
      • (v) Maritime labor organizations.
      • (vi) The academic community.
      • (vii) State and local governments.
      • (viii) The maritime industry.
    • (D) If the Committee consists of at least 8 members who, together, satisfy the minimum representation requirements of subparagraph (C), the Secretary shall, based on the needs of the Coast Guard, determine the number of additional members of the Committee who represent each entity specified in that subparagraph. Neither this subparagraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in subparagraph (C).
  • (4) For purposes of section 15109 of this title , the Committee shall be treated as a committee established under chapter 151 of such title.
• (b)
  • (1)
    • (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 subsection for an area—
      • (i) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime security in that area;
      • (ii) may make available to the Congress recommendations that the committee makes to the Secretary; and
      • (iii) shall meet at the call of—
        • (I) the Secretary, who shall call such a meeting at least once during each calendar year; or
        • (II) a majority of the committee.
  • (2)
    • (A) Each committee established under this subsection shall consist of at least 7 members appointed by the Secretary, each of whom has at least 5 years practical experience in maritime security operations.
    • (B) The term of each member of a committee established under this subsection shall be for a period of not more than 5 years, specified by the Secretary.
    • (C) Before appointing an individual to a position on a committee established under this subsection, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the committee.
    • (D) The Secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this subsection.
    • (E) Each committee established under this subsection shall be composed of individuals who represent the interests of the port industry, terminal operators, port labor organizations, and other users of the port areas.
  • (3)
    • (A) Each committee established under this subsection shall elect 1 of the committee’s members as the Chairperson and 1 of the committee’s members as the Vice Chairperson.
    • (B) The Vice Chairperson shall act as Chairperson in the absence or incapacity of the Chairperson, or in the event of a vacancy in the office of the Chairperson.
  • (4)
    • (A) The Secretary shall, and the head of any other interested Federal agency may, designate a representative to participate as an observer with a committee established under this subsection.
    • (B) The Secretary’s designated representative to a committee established under this subsection shall act as the executive secretary of the committee and shall perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).
  • (5) The Secretary shall consider the information, advice, and recommendations of each committee established under this subsection in formulating policy regarding matters affecting maritime security.
  • (6)
    • (A) A member of a committee established under this subsection, when attending meetings of the committee or when otherwise engaged in the business of the committee, is entitled to receive—
      • (i) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect for GS–15 of the General Schedule under section 5332 of title 5 including travel time; and
      • (ii) travel or transportation expenses under section 5703 of title 5 .
    • (B) A member of a committee established under this subsection shall not be considered to be an officer or employee of the United States for any purpose based on the receipt of any payment under this paragraph.
  • (7) The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a committee established under this subsection.

§ 70113. Maritime intelligence

• (a) The Secretary shall implement a system to collect, integrate, and analyze information concerning vessels operating on or bound for waters subject to the jurisdiction of the United States, including information related to crew, passengers, cargo, and intermodal shipments. The system may include a vessel risk profiling component that assigns incoming vessels a terrorism risk rating.
• (b) 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) 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.

§ 70114. Automatic identification systems

• (a)
  • (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) The Secretary shall prescribe regulations implementing subsection (a), including requirements for the operation and maintenance of the automatic identification systems required under subsection (a).

§ 70115. Long-range vessel tracking system

Not later than April 1, 2007 , the Secretary shall, consistent with international treaties, conventions, and agreements to which the United States is a party, develop and implement a long-range automated vessel tracking system for all vessels in United States waters that are equipped with the Global Maritime Distress and Safety System or equivalent satellite technology. The system shall be designed to provide the Secretary the capability of receiving information on vessel positions at interval positions appropriate to deter transportation security incidents. The Secretary may use existing maritime organizations to collect and monitor tracking information under the system.

§ 70116. Port, harbor, and coastal facility security

• (a) The Secretary may take actions described in subsection (b) to prevent or respond to an act of terrorism against—
  • (1) an individual, vessel, or public or commercial structure, that is—
    • (A) subject to the jurisdiction of the United States; and
    • (B) located within or adjacent to the marine environment; or
  • (2) a vessel of the United States or an individual on board that vessel.
• (b) Under subsection (a), the Secretary may—
  • (1) carry out or require measures, including inspections, port and harbor patrols, the establishment of security and safety zones, and the development of contingency plans and procedures, to prevent or respond to acts of terrorism;
  • (2) recruit members of the Regular Coast Guard and the Coast Guard Reserve and train members of the Regular Coast Guard and the Coast Guard Reserve in the techniques of preventing and responding to acts of terrorism; and
  • (3) dispatch properly trained and qualified armed Coast Guard personnel on vessels and public or commercial structures on or adjacent to waters subject to United States jurisdiction to deter or respond to acts of terrorism or transportation security incidents, as defined in section 70101 of title 46 , United States Code.
• (c) This section shall be treated as part of chapter 700 for purposes of sections 70031, 70032, 70034, 70035, and 70036.

§ 70118. Enforcement by State and local officers

• (a) Any State or local government law enforcement officer who has authority to enforce State criminal laws may make an arrest for violation of a security zone regulation prescribed under section 1 1 1 See References in Text note below. of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191 ) or security or safety zone regulation under section 7(b) 1 of the Ports and Waterways Safety Act ( 33 U.S.C. 1226(b) ) or a safety zone regulation prescribed under section 10(d) of the Deepwater Port Act of 1974 ( 33 U.S.C. 1509(d) ) by a Coast Guard official authorized by law to prescribe such regulations, if—
  • (1) such violation is a felony; and
  • (2) the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation.
• (b) The provisions of this section are in addition to any power conferred by law to such officers. This section shall not be construed as a limitation of any power conferred by law to such officers, or any other officer of the United States or any State. This section does not grant to such officers any powers not authorized by the law of the State in which those officers are employed.

§ 70119. Civil penalty

• (a) Any person that violates this chapter or any regulation under this chapter shall be liable to the United States for a civil penalty of not more than $25,000 for each day during which the violation continues.
• (b) The maximum amount of a civil penalty for a violation under this section shall not exceed $50,000.

§ 70120. In rem liability for civil penalties and certain costs

• (a) Any vessel operated in violation of this chapter or any regulations prescribed under this chapter shall be liable in rem for any civil penalty assessed pursuant to section 70119 for such violation, and may be proceeded against for such liability in the United States district court for any district in which the vessel may be found.
• (b) A vessel shall be liable in rem for the reimbursable costs incurred by any service provider related to implementation and enforcement of this chapter and arising from a violation by the operator of the vessel of this chapter or any regulations prescribed under this chapter, and may be proceeded against for such liability in the United States district court for any district in which such vessel may be found.
• (c) In this subsection—
  • (1) the term “reimbursable costs” means costs incurred by any service provider acting in conformity with a lawful order of the Federal government or in conformity with the instructions of the vessel operator; and
  • (2) the term “service provider” means any port authority, facility or terminal operator, shipping agent, Federal, State, or local government agency, or other person to whom the management of the vessel at the port of supply is entrusted, for—
    • (A) services rendered to or in relation to vessel crew on board the vessel, or in transit to or from the vessel, including accommodation, detention, transportation, and medical expenses; and
    • (B) required handling of cargo or other items on board the vessel.

§ 70121. Withholding of clearance

• (a) If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty under section 70119, or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty under section 70119, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 60105 of this title .
• (b) The Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.

§ 70122. Waterway Watch Program

• (a) There is hereby established, within the Coast Guard, the America’s Waterway Watch Program.
• (b) The Secretary shall administer the Program in a manner that promotes voluntary reporting of activities that may indicate that a person or persons may be preparing to engage or engaging in a violation of law relating to a threat or an act of terrorism (as that term is defined in section 3077 of title 18 ) against a vessel, facility, port, or waterway.
• (c)
  • (1) The Secretary may establish, as an element of the Program, a network of individuals and community-based organizations that encourage the public and industry to recognize activities referred to in subsection (b), promote voluntary reporting of such activity, and enhance the situational awareness within the Nation’s ports and waterways. Such network shall, to the extent practicable, be conducted in cooperation with Federal, State, and local law enforcement agencies.
  • (2) The Secretary may provide training in—
    • (A) observing and reporting on covered activities; and
    • (B) sharing such reports and coordinating the response by Federal, State, and local law enforcement agencies.
• (d) Participation in the Program—
  • (1) shall be wholly voluntary;
  • (2) shall not be a prerequisite to eligibility for, or receipt of, any other service or assistance from, or to participation in, any other program of any kind; and
  • (3) shall not require disclosure of information regarding the individual reporting covered activities or, for proprietary purposes, the location of such individual.
• (e) The Secretary shall coordinate the Program with other like watch programs. The Secretary shall submit, concurrent with the President’s budget submission for each fiscal year, a report on coordination of the Program and like watch programs within the Department of Homeland Security to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives.
• (f) There are authorized to be appropriated for the purposes of this section $3,000,000 for each of fiscal years 2011 through 2016. Such funds shall remain available until expended.

§ 70123. Mobile biometric identification

• (a) Within one year after the date of the enactment of the Coast Guard Authorization Act of 2010, the Secretary shall conduct, in the maritime environment, a program for the mobile biometric identification of suspected individuals, including terrorists, to enhance border security and for other purposes.
• (b) The Secretary shall ensure the program required in this section is coordinated with other biometric identification programs within the Department of Homeland Security.
• (c) For the purposes of this section, the term “biometric identification” means use of fingerprint and digital photography images and facial and iris scan technology and any other technology considered applicable by the Department of Homeland Security.

§ 70124. Regulations

Unless otherwise provided, the Secretary may issue regulations necessary to implement this chapter.

§ 70125. Port security training for facility security officers

• (a) The Secretary shall establish comprehensive facility security officer training requirements designed to provide full security training that would lead to certification of such officers. In establishing the requirements, the Secretary shall—
  • (1) work with affected industry stakeholders; and
  • (2) evaluate—
    • (A) the requirements of subsection (b);
    • (B) existing security training programs employed at marine terminal facilities; and
    • (C) existing port security training programs developed by the Federal Government.
• (b) The training program shall provide validated training that—
  • (1) provides training at the awareness, performance, management, and planning levels;
  • (2) utilizes multiple training mediums and methods;
  • (3) establishes a validated provisional 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) The Secretary, in coordination with the Secretary of Transportation, shall work with State and local law enforcement agencies and industry stakeholders to develop and certify the following additional security training requirements for Federal, State, and local officials with security responsibilities at United States seaports:
  • (1) A program to familiarize them with port and shipping operations, requirements of the Maritime Transportation Security Act of 2002 ( Public Law 107–295 ), and other port and cargo security programs that educates and trains 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) In developing curriculum and delivering training established pursuant to subsections (a) and (c), the Secretary, in coordination with the Maritime Administrator of the Department of Transportation and consistent with section 109 of the Maritime Transportation Security Act of 2002 ( 46 U.S.C. 70101 note), shall work with institutions with maritime expertise and with industry stakeholders with security expertise to develop appropriate training capacity to ensure that training can be provided in a geographically balanced manner to personnel seeking certification under subsection (a) or education and training under subsection (c).
• (e) The Secretary shall issue regulations or grant solicitations for grants for homeland security or port security to ensure that activities surrounding the development of curriculum and the provision of training and these activities are eligible grant activities under both grant programs.

§ 70131. Definitions

In this subchapter:

• (1) The term “law enforcement agency” means an agency of a State, a political subdivision of a State, or a Federally recognized tribe that is authorized by law to supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
• (2) The term “security zone” means a security zone, established by the Commandant of the Coast Guard or the Commandant’s designee pursuant to section 1 1 1 See References in Text note below. of title II of the Act of June 15, 1917 ( 50 U.S.C. 191 ) or section 7(b) 1 of the Ports and Waterways Safety Act ( 33 U.S.C. 1226(b) ), for a vessel carrying especially hazardous cargo when such vessel—
  • (A) enters, or operates within, the internal waters of the United States and the territorial sea of the United States; or
  • (B) transfers such cargo or residue in any port or place, under the jurisdiction of the United States, within the territorial sea of the United States or the internal waters of the United States.

§ 70132. Credentialing standards, training, and certification for State and local support for the enforcement of security zones for the transportation of especially hazardous cargo

• (a) The Commandant of the Coast Guard shall establish, by regulation, national standards for training and credentialing of law enforcement personnel—
  • (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) In developing and delivering training under the training program, the Secretary, in coordination with the Maritime Administrator of the Department of Transportation, and consistent with section 109 of the Maritime Transportation Security Act of 2002 ( 46 U.S.C. 70101 note), shall—
  • (1) work with government training facilities, academic institutions, private organizations, employee organizations, and other entities that provide specialized, state-of-the-art training for governmental and nongovernmental emergency responder providers or commercial seaport personnel and management;
  • (2) utilize, as appropriate, government training facilities, courses provided by community colleges, public safety academies, State and private universities, and other facilities; and
  • (3) certify organizations that offer the curriculum for training and certification.