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46 U.S.C. § 70102a — Repealed. Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(d)(1), Jan. 1, 2021, 134 Stat. 4754]
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, as added and amended Pub. L. 115–282, title IV, § 408(a), (b), Dec. 4, 2018, 132 Stat. 4268, related to port, harbor, and coastal facility security.
#### Effective Date of Repeal
Repeal effective Dec. 4, 2018, and as if included in Pub. L. 115—282, see section 8507(d)(7) of Pub. L. 116—283, set out as an Effective Date of 2021 Amendment note under [section 1226 of Title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1226&num=0&edition=prelim), Navigation and Navigable Waters.
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Source file: Laws/federal/codes/united-states-code/title-46/section-70102a-repealed-pub-l-116283-div-g-title-lvxxxv-lxxxv-8507-d-1-jan-1-2021-134-s--61a4f6610e.md
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Source location: Title 46, Chapter 701, § 70102a; chapter-701-port-security.md
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### Statutory Notes
Section, as added and amended Pub. L. 115–282, title IV, § 408(a), (b), Dec. 4, 2018, 132 Stat. 4268, related to port, harbor, and coastal facility security.
#### Effective Date of Repeal
Repeal effective Dec. 4, 2018, and as if included in Pub. L. 115—282, see section 8507(d)(7) of Pub. L. 116—283, set out as an Effective Date of 2021 Amendment note under [section 1226 of Title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1226&num=0&edition=prelim), Navigation and Navigable Waters.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section was comprised of Pub. L. 92–340, § 7, as added Pub. L. 99–399, title IX, § 906, Aug. 27, 1986, as amended. Subsections (a) and (b) of section 7 of Pub. L. 92–340 were redesignated and transferred to [section 70116 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70116&num=0&edition=prelim), Shipping, by Pub. L. 115–282, title IV, § 402(b)(1), Dec. 4, 2018, 132 Stat. 4264. Subsection (c) of section 7 of Pub. L. 92–340 was redesignated subsec. (f) and transferred to [section 70103 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70103&num=0&edition=prelim) by Pub. L. 115–282, title IV, § 402(c)(1), Dec. 4, 2018, 132 Stat. 4264. Pub. L. 115–282, title IV, § 408(a), (d)(1), Dec. 4, 2018, 132 Stat. 4268, concurrently redesignated and transferred subsections (a) and (b) of section 7 of Pub. L. 92–340 to [section 70102a of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70102a&num=0&edition=prelim) and identically redesignated subsection (c) of section 7 of Pub. L. 92–340 as subsec. (f) and transferred it to [section 70103 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70103&num=0&edition=prelim). However, Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(d)(1), (7), Jan. 1, 2021, 134 Stat. 4754, subsequently repealed section 408 of Pub. L. 115–282, effective on the date of enactment of Pub. L. 115–282 (Dec. 4, 2018), and provided that the provisions of law redesignated, transferred, or otherwise amended by such section 408 were amended to read as if that section had not been enacted.
#### Prior Provisions
A prior section 1226, Pub. L. 92–340, § 7, formerly title I, §
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1226
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 564
TITLE 46—SHIPPING
[§ 70102a
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 sub-
section (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 vul-
nerability assessment shall include the fol-
lowing:
(A) Identification and evaluation of critical
assets and infrastructures.
(B) Identification of the threats to those as-
sets and infrastructures.
(C) Identification of weaknesses in physical
security, security against cybersecurity risks,
passenger and cargo security, structural integ-
rity, protection systems, procedural policies,
communications systems, transportation in-
frastructure, utilities, contingency response,
and other areas as determined by the Sec-
retary.
(2) Upon completion of an assessment under
this subsection for a facility or vessel, the Sec-
retary shall provide the owner or operator with
a copy of the vulnerability assessment for that
facility or vessel.
(3) The Secretary shall update each vulner-
ability 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 assess-
ment conducted by or on behalf of the owner or
operator of the facility or vessel if the Secretary
determines that the alternative assessment in-
cludes the matters required under paragraph (1).
(c) SHARING
OF ASSESSMEN
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 70102a
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