§70102 — Title 46 Shipping | U.S. Code

Summary

The Secretary must review vessel types and U.S. facilities on or next to U.S. waters to find those that pose a high risk of a transportation security incident. For high‑risk places, the Secretary must do a detailed vulnerability check that finds important assets and infrastructure, the threats to them, and weaknesses in things like physical security, cybersecurity, passenger and cargo controls, structural integrity, protection systems, procedures, communications, transportation systems, utilities, and emergency response. After each check the owner or operator gets a copy. The Secretary must update each check at least every 5 years and may accept an owner’s equivalent assessment if it covers the same topics. The facility or vessel owner or operator must give a current copy of the vulnerability check to the port authority and to the right State or local law enforcement agencies, and must, as much as practical and allowed by federal rules, connect their security systems with compatible systems run by those agencies and the Coast Guard.

Title 46, §70102

Shipping — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (b)(1). Pub. L. 115–254, § 1805(d)(1)(A), struck out “and by not later than

December 31, 2004” after “subsection (a) of this section” in introductory provisions. Subsec. (b)(1)(C). Pub. L. 115–254, § 1805(d)(1)(B), inserted “security against cybersecurity risks,” after “physical security,”. 2010—Subsec. (c). Pub. L. 111–281 added subsec. (c). 2004—Subsec. (b)(1). Pub. L. 108–458 substituted “and by not later than

December 31, 2004, the Secretary” for “, the Secretary” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 Amendment Pub. L. 115–254, div. J, § 1805(d)(3), Oct. 5, 2018, 132 Stat. 3535, provided that: “The

Amendments

made by this subsection [amending this section and section 70103 of this title] shall apply 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 subsection (a) [46 U.S.C. 70112 note].” Coordination with TSA on Maritime Facilities Pub. L. 115–254, div. J, § 1803, Oct. 5, 2018, 132 Stat. 3533, provided that: “The Secretary of Homeland Security shall— “(1) provide the Administrator of the TSA [Transportation Security Administration] with updates to vulnerability assessments required under section 70102(b)(3) of title 46, United States Code, to avoid any duplication of effort between the Coast Guard and the TSA; and “(2) identify any security gaps between authorities of operating entities within the Department of Homeland Security that a threat could exploit to cause a transportation security incident (as defined in section 70101 of title 46, United States Code).” Definitions Pub. L. 115–254, div. J, § 1802, Oct. 5, 2018, 132 Stat. 3533, provided that: “In this division [see section 1801 of Pub. L. 115–254, set out as a

Short Title

of 2018 Amendment note under section 101 of this title]: “(1) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means—“(A) the Committee on Commerce, Science, and Transportation of the Senate; “(B) the Committee on Homeland Security and Governmental Affairs of the Senate; “(C) the Committee on Homeland Security of the House of Representatives; and “(D) the Committee on Transportation and Infrastructure of the House of Representatives. “(2) TSA.—The term ‘TSA’ means the Transportation Security Administration.”

§70102 United States facility and vessel vulnerability assessments

Summary

Title 46, §70102

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Short Title

Citations & Metadata