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46 U.S.C. § 70101 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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 2200 of the Homeland Security Act of 2002.
(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70101
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Source file: Laws/federal/codes/united-states-code/title-46/section-70101-definitions--fb66056eb9.md
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Source location: Title 46, Chapter 701, § 70101; chapter-701-port-security.md
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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 2200 of the Homeland Security Act of 2002.
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) National Maritime Security Advisory Committee.—**
(1) **Establishment.—** — There is established a National Maritime Security Advisory Committee (in this subsection referred to as the “Committee”).
(2) **Function.—** — The Committee shall advise the Secretary on matters relating to national maritime security, including on enhancing the sharing of information related to cybersecurity risks that may cause a transportation security incident, between relevant Federal agencies and—
(A) State, local, and tribal governments;
(B) relevant public safety and emergency response agencies;
(C) relevant law enforcement and security organizations;
(D) maritime industry;
(E) port owners and operators; and
(F) terminal owners and operators.
(3) **Membership.—**
(A) *In general.—* — The Committee shall consist of at least 8 members, but not more than 21 members, appointed by the Secretary in accordance with this subsection and [section 15109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section15109&num=0&edition=prelim).
(B) *Expertise.—* — Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
(C) *Representation.—* — Each of the following shall be represented by at least 1 member of the Committee:
(i) Port authorities.
(ii) Facilities owners and operators.
(iii) Terminal owners and operators.
(iv) Vessel owners and operators.
(v) Maritime labor organizations.
(vi) The academic community.
(vii) State and local governments.
(viii) The maritime industry.
(D) *Distribution.—* — If the Committee consists of at least 8 members who, together, satisfy the minimum representation requirements o
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70112
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
**(a) National Maritime Transportation Security Plan.—**
(1) The Secretary shall prepare a National Maritime Transportation Security Plan for deterring and responding to a transportation security incident.
(2) The National Maritime Transportation Security Plan shall provide for efficient, coordinated, and effective action to deter and minimize damage from a transportation security incident, and shall include the following:
(A) Assignment of duties and responsibilities among Federal departments and agencies and coordination with State and local governmental agencies.
(B) Identification of security resources.
(C) Procedures and techniques to be employed in deterring a national transportation security incident.
(D) Establishment of procedures for the coordination of activities of—
(i) Coast Guard maritime security teams established under this chapter; and
(ii) Federal Maritime Security Coordinators required under this chapter.
(E) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of a transportation security incident and imminent threats of such a security incident to the appropriate State and Federal agencies.
(F) Establishment of criteria and procedures to ensure immediate and effective Federal identification of a transportation security incident, or the substantial threat of such a security incident.
(G) Designation of—
(i) areas for which Area Maritime Transportation Security Plans are required to be prepared under subsection (b); and
(ii) a Coast Guard official who shall be the Federal Maritime Security Coordinator for each such area.
(H) A risk-based system for evaluating the potential for violations of security zones designated by the Secretary on the waters subj
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70103
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Center** — The term “Center” means the center established under [section 659 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section659&num=0&edition=prelim).
(2) **Council** — The term “Council” means the Cyber Incident Reporting Council described in [section 681f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681f&num=0&edition=prelim).
(3) **Covered cyber incident** — The term “covered cyber incident” means a substantial cyber incident experienced by a covered entity that satisfies the definition and criteria established by the Director in the final rule issued pursuant to [section 681b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b/b&num=0&edition=prelim).
(4) **Covered entity** — The term “covered entity” means an entity in a critical infrastructure sector, as defined in Presidential Policy Directive 21, that satisfies the definition established by the Director in the final rule issued pursuant to [section 681b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b/b&num=0&edition=prelim).
(5) **Cyber incident** — The term “cyber incident”—
(A) has the meaning given the term “incident” in section 659 11 See References in Text note below. of this title; and
(B) does not include an occurrence that imminently, but not actually, jeopardizes—
(i) information on information systems; or
(ii) information systems.
(6) **Cyber threat** — The term “cyber threat” has the meaning given the term “cybersecurity threat” in [section 650 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section650&num=0&edition=prelim).
(7) **Federal entit
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 650
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding another law, and for the emergency augmentation of the Regular Coast Guard forces during a, or to aid in prevention of an imminent, serious natural or manmade disaster, accident, catastrophe, act of terrorism (as defined in section 2 of the Homeland Security Act of 2002 ([6 U.S.C. 101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section101&num=0&edition=prelim))), or transportation security incident as defined in [section 70101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70101&num=0&edition=prelim), the Secretary may, without the consent of the member affected, order to active duty of not more than 120 days in any 2-year period an organized training unit of the Coast Guard Ready Reserve, a member thereof, or a member not assigned to a unit organized to serve as a unit.
**(b)** Under the circumstances of the domestic emergency involved, a reasonable time shall be allowed between the date when a Reserve member ordered to active duty under this section is alerted for that duty and the date when the member is required to enter upon that duty. Unless the Secretary determines that the nature of the domestic emergency does not allow it, this period shall be at least two days.
**(c)** Active duty served under this section—
(1) satisfies on a day-for-day basis all or a part of the annual active duty for training requirement of [section 10147 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10147&num=0&edition=prelim);
(2) does not satisfy any part of the active duty obligation of a member whose statutory Reserve obligation is not already terminated; and
(3) entitles a member while engaged therein, or while engaged in authorized travel to or fr
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 3713
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of executing the duties and functions of the Coast Guard the Commandant may:
(1) maintain water, land, and air patrols, and ice-breaking facilities;
(2) establish and prescribe the purpose of, change the location of, consolidate, discontinue, re-establish, maintain, operate, and repair Coast Guard shore establishments;
(3) assign vessels, aircraft, vehicles, aids to navigation, equipment, appliances, and supplies to Coast Guard districts and shore establishments, and transfer any of the foregoing from one district or shore establishment to another;
(4) conduct experiments and investigate, or cause to be investigated, plans, devices, and inventions relating to the performance of any Coast Guard function, including research, development, test, or evaluation related to intelligence systems and capabilities;
(5) conduct any investigations or studies that may be of assistance to the Coast Guard in the performance of any of its powers, duties, or functions;
(6) collect, publish, and distribute information concerning Coast Guard operations;
(7) conduct or make available to personnel of the Coast Guard, and to eligible spouses as defined under section 2904, such specialized training and courses of instruction, including correspondence courses and the textbooks, manuals, and other materials required as part of such training or course of instruction, as may be necessary or desirable for the good of the service;
(8) design or cause to be designed, cause to be constructed, accept as gift, or otherwise acquire patrol boats and other small craft, equip, operate, maintain, supply, and repair such patrol boats, other small craft, aircraft, and vehicles, and subject to applicable regulations under subtitle I of title 40 and division C (except sections 330
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 504
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Federal law — U.S. Code and appendices · legal_authorities
Subject to guidelines approved by the Secretary, members of the Coast Guard, in the performance of official duties, may—
(1) carry a firearm; and
(2) while at a facility (as defined in [section 70101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70101&num=0&edition=prelim))—
(A) make an arrest without warrant for any offense against the United States committed in their presence; and
(B) seize property as otherwise provided by law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 523
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Federal law — U.S. Code and appendices · legal_authorities
In this title, the term “agency” means a department, agency, or instrumentality of the United States Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Initial Assessments.—** The Secretary shall conduct an assessment of vessel types and United States facilities on or adjacent to the waters subject to the jurisdiction of the United States to identify those vessel types and United States facilities that pose a high risk of being involved in a transportation security incident.
**(b) Facility and Vessel Assessments.—**
(1) Based on the information gathered under subsection (a) of this section, the Secretary shall conduct a detailed vulnerability assessment of the facilities and vessels that may be involved in a transportation security incident. The vulnerability assessment shall include the following:
(A) Identification and evaluation of critical assets and infrastructures.
(B) Identification of the threats to those assets and infrastructures.
(C) Identification of weaknesses in physical security, 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—** The Secretary may take actions described in subsection (b) to prevent or respond to an act of terrorism, cyber incidents, transnational organized crime, and foreign state threats 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) Specific Authority.—** 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, cyber incidents, transnational organized crime, and foreign state threats;
(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, cyber incidents, transnational organized crime, and foreign state threats; and
(3) dispatch properly trained and qualified, armed (as needed), 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, cyber incidents, transnational organized crime, foreign state threats, or transportation security incidents, as defined in [section 70101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70101&num=0&edition=prelim), United States Code.
**(c) Definitions, Administration, and Enforcement.—** This section shall be treated as part of chapter 700 for purposes
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70116
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