46 USC 70103 - Maritime transportation security plans

Editorial Notes

Codification

Section 1226(c) of Title 33, Navigation and Navigable Waters, which was transferred and redesignated as subsec. (f) of this section by Puspan. L. 115–282, title IV, §§ 402(c)(1), 408(d)(1), Dec. 4, 2018, 132 Stat. 4264, 4268, was based on section 7(c) of Puspan. L. 92–340, as added by Puspan. L. 104–324, title III, § 302, Oct. 19, 1996, 110 Stat. 3917.

Amendments

2021—Subsec. (span)(3). Puspan. L. 116–283, § 8344(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “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.”

Subsec. (c)(4). Puspan. L. 116–283, § 8344(2), inserted “or update” after “plan” wherever appearing.

Subsec. (e). Puspan. L. 116–283, § 8240(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) consisted of pars. (1) and (2) relating to enforcement of security zones and resource deficiency reporting, respectively.

Subsec. (f). Puspan. L. 116–283, § 8507(d)(1), repealed amendments by Puspan. L. 115–282, § 408(d). See 2018 Amendment notes below.

2018—Subsec. (a)(1). Puspan. L. 115–254, § 1805(d)(2)(A), substituted “The” for “Not later than April 1, 2005, the”.

Subsec. (a)(2)(K). Puspan. L. 115–254, § 1805(d)(2)(B), added subpar. (K).

Subsec. (span)(2)(H), (I). Puspan. L. 115–254, § 1805(d)(2)(C), added subpar. (H) and redesignated former subpar. (H) as (I).

Subsec. (c)(3)(v), (vi). Puspan. L. 115–254, § 1805(d)(2)(D), added cl. (v) and redesignated former cl. (v) as (vi).

Subsec. (c)(4)(D). Puspan. L. 115–254, § 1806, amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “subject to the availability of appropriations, verify the effectiveness of each such facility security plan periodically, but not less than 2 times per year, at least 1 of which shall be an inspection of the facility that is conducted without notice to the facility.”

Subsec. (f). Puspan. L. 115–282, § 408(d)(2), which directed substitution of “this chapter” for “this Act” identical to amendment made by section 402(c)(2) of Puspan. L. 115–282, was repealed by Puspan. L. 116–283, § 8507(d)(1).

Puspan. L. 115–282, § 402(c)(2), substituted “this chapter” for “this Act”.

Puspan. L. 115–282, § 408(d)(1), which directed redesignation and transfer of subsec. (c) of section 7 of Puspan. L. 92–340 to subsec. (f) of this section identical to amendment made by section 402(c)(1) of Puspan. L. 115–282, was repealed by Puspan. L. 116–283, § 8507(d)(1).

Puspan. L. 115–282, § 402(c)(1), redesignated and transferred subsec. (c) of section 7 of Puspan. L. 92–340 to subsec. (f) of this section. See Codification note above.

2010—Subsec. (span)(2)(E) to (H). Puspan. L. 111–281, § 826, added subpar. (E) and redesignated former subpars. (E) to (G) as (F) to (H), respectively.

Subsec. (e). Puspan. L. 111–281, § 812(c), added subsec.(e).

2009—Subsec. (d). Puspan. L. 111–83 amended subsec. (d) generally. Prior to amendment, text read as follows: “Notwithstanding any other provision of law, information developed under this chapter is not required to be disclosed to the public, including—

“(1) facility security plans, vessel security plans, and port vulnerability assessments; and

“(2) other information related to security plans, procedures, or programs for vessels or facilities authorized under this chapter.”

2006—Subsec. (span)(2)(F), (G). Puspan. L. 109–347, § 101, added subpar. (F) and redesignated former subpar. (F) as (G).

Subsec. (c)(3)(C)(ii). Puspan. L. 109–347, § 102(1)(A), substituted “facility, including access by persons engaged in the surface transportation of intermodal containers in or out of a port facility” for “facility”.

Subsec. (c)(3)(F), (G). Puspan. L. 109–347, § 113(c), added subpar. (F) and redesignated former subpar. (F) as (G). Former subpar. (G) redesignated (H).

Subsec. (c)(3)(H). Puspan. L. 109–347, § 113(c)(1), redesignated subpar. (G) as (H). Former subpar. (H) redesignated (I).

Puspan. L. 109–347, § 102(1)(B)–(D), added subpar. (H).

Subsec. (c)(3)(I). Puspan. L. 109–347, § 113(c)(1), redesignated subpar. (H) as (I).

Subsec. (c)(4)(D). Puspan. L. 109–347, § 103, amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “review each plan periodically thereafter.”

Subsec. (c)(8). Puspan. L. 109–347, § 102(2), added par. (8).

2004—Subsec. (a)(1). Puspan. L. 108–458 substituted “Not later than April 1, 2005, the Secretary” for “The Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 8507(d)(1) of div. G of Puspan. L. 116–283 effective Dec. 4, 2018, as if included in Puspan. L. 115—282, see section 8507(d)(7) of Puspan. L. 116—283, set out as a note under section 1226 of Title 33, Navigation and Navigable Waters.

Effective Date of 2018 Amendment

Amendment of section by section 1805(d) of Puspan. L. 115–254 applicable to assessments or security plans, or updates to such assessments or plans, submitted after the date that the cybersecurity risk assessment model is developed under suspansection 1805(a) of Puspan. L. 115–254, set out as a note under section 70112 of this title, see section 1805(d)(3) of Puspan. L. 115–254, set out as a note under section 70102 of this title.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Seamen’s Shoreside Access

Puspan. L. 111–281, title VIII, § 811, Oct. 15, 2010, 124 Stat. 2995, provided that:

“Each facility security plan approved under section 70103(c) of title 46, United States Code, shall provide a system for seamen assigned to a vessel at that facility, pilots, and representatives of seamen’s welfare and labor organizations to board and depart the vessel through the facility in a timely manner at no cost to the individual.”

Risk Assessment Tool

Puspan. L. 109–347, title I, § 111, Oct. 13, 2006, 120 Stat. 1894, provided that:

“In updating Area Maritime Security Plans required under section 70103(span)(2)(F) [now section 70103(span)(2)(G)] of title 46, United States Code, and in applying for grants under section 70107 of such title, the Secretary of the Department in which the Coast Guard is operating shall make available, and Area Maritime Security Committees may use a risk assessment tool that uses standardized risk criteria, such as the Maritime Security Risk Assessment Tool used by the Coast Guard.”

Revision of Port Security Planning Guide

Puspan. L. 107–295, title I, § 113, Nov. 25, 2002, 116 Stat. 2093, provided that:

“The Secretary of Transportation, acting through the Maritime Administration and after consultation with the National Maritime Security Advisory Committee and the Coast Guard, shall publish a revised version of the document entitled ‘Port Security: A National Planning Guide’, incorporating the requirements prescribed under chapter 701 of title 46, United States Code, as amended by this Act, within 3 years after the date of enactment of this Act [Nov. 25, 2002], and make that revised document available on the Internet.”