Title 46 — ShippingRelease 119-73
§70104 Transportation security incident response
Title 46 › Subtitle Subtitle VII— - Security and Drug Enforcement › Chapter CHAPTER 701— - PORT SECURITY › Subchapter SUBCHAPTER I— - GENERAL › § 70104
Summary
The Secretary must create response plans for vessels and facilities and give them to FEMA for its ports and waterways plan. Plans must notify, coordinate with local, State, and Federal authorities including FEMA; secure vessel or facility; evacuate personnel; may be part of security plan.
Full Legal Text
Title 46, §70104
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(a)The Secretary shall—
(1)establish security incident response plans for vessels and facilities that may be involved in a transportation security incident; and
(2)make those plans available to the Administrator of the Federal Emergency Management Agency for inclusion in the Administrator’s response plan for United States ports and waterways.
(b)Response plans developed under subsection (a) shall provide a comprehensive response to an emergency, including notifying and coordinating with local, State, and Federal authorities, including the Administrator of the Federal Emergency Management Agency, securing the facility or vessel, and evacuating facility and vessel personnel.
(c)A response plan required under this subsection for a vessel or facility may be included in the security plan prepared under section 70103(c).
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Change of Name
“Administrator of the Federal Emergency Management Agency” and “Administrator’s” substituted for “Director of the Federal Emergency Management Agency” and “Director’s”, respectively, on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For
Transfer of Functions
, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and section 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. Deadline Pub. L. 107–295, title I, § 102(c), Nov. 25, 2002, 116 Stat. 2084, provided that: “The Secretary shall establish the plans required under section 70104(a)(1) of title 46, United States Code, as enacted by this Act, before
April 1, 2003.”
Reference
Citations & Metadata
Citation
46 U.S.C. § 70104
Title 46 — Shipping
Last Updated
Apr 6, 2026
Release point: 119-73