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46 U.S.C. § 70102 — United States facility and vessel vulnerability assessments
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).
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Source file: Laws/federal/codes/united-states-code/title-46/section-70102-united-states-facility-and-vessel-vulnerability-assessments--3465d24aae.md
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Source location: Title 46, Chapter 701, § 70102; chapter-701-port-security.md
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**(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).
**(c) Sharing of Assessment Integration of Plans and Equipment.—** 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.
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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
**(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 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
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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Federal law — U.S. Code and appendices · legal_authorities
Page 563
TITLE 46—SHIPPING
§ 70102
nizations are exploiting weak security at ports to
commit a wide range of cargo crimes. Intelligence
and information sharing among law enforcement
agencies needs to be improved and coordinated at
many ports. A lack of minimum physical and per-
sonnel security standards at ports and related facili-
ties leaves many ports and port users very vulner-
able. Access to ports and operations within ports is
often uncontrolled. Security-related and detection-
related equipment, such as small boats, cameras,
large-scale x-ray machines, and vessel tracking de-
vices, are lacking at many ports.
‘‘(15) The International Maritime Organization and
other similar international organizations are cur-
rently developing a new maritime security system
that contains the essential elements for enhancing
global maritime security. Therefore, it is in the best
interests of the United States to implement new
international instruments that establish such a sys-
tem.’’
MARITIME SECURITY PROFESSIONAL TRAINING
Pub. L. 107–295, title I, § 109, Nov. 25, 2002, 116 Stat.
2090, as amended by Pub. L. 117–286, § 4(a)(293), Dec. 27,
2022, 136 Stat. 4338, provided that:
‘‘(a) IN GENERAL.—
‘‘(1) DEVELOPMENT OF STANDARDS.—Not later than 6
months after the date of enactment of this Act [Nov.
25, 2002], the Secretary of Transportation shall de-
velop standards and curriculum to allow for the
training and certification of maritime security pro-
fessionals. In developing these standards and cur-
riculum, the Secretary shall consult with the Na-
tional Maritime Security Advisory Committee estab-
lished under section 70112 of title 46, United States
Code, as amended by this Act.
‘‘(2) SECRETARY TO CONSULT ON STANDARDS.—In de-
veloping standards under this sectio
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 70102
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