46 U.S.C. § 70101 - Definitions

• Cite as: 46 U.S.C. § 70101
• Currency: Current through P.L. 116-259 (12/23/2020)

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 227 of the Homeland Security Act of 2002 ( 6 U.S.C. 148 ).¹

(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.

¹ See References in Text note below.

Cite as 46 U.S.C. § 70101

Source: Added Pub. L. 107-295, title I, §102(a), Nov. 25, 2002, 116 Stat. 2068; amended Pub. L. 109-347, title I, §124, Oct. 13, 2006, 120 Stat. 1900; Pub. L. 115-254, div. J, §1805(b), Oct. 5, 2018, 132 Stat. 3534.

Notes from the Office of Law Revision Counsel

current through 6/6/2020

REFERENCES IN TEXT

Section 227 of the Homeland Security Act of 2002 ( 6 U.S.C. 148 ), referred to in par. (2), was originally section 226 of title II of Pub. L. 107-296 as added Pub. L. 113-282, §3(a), Dec. 18, 2014, 128 Stat. 3066; renumbered §227 and amended Pub. L. 114-113, div. N, title II, §§203, Dec. 18, 2015, 223, Dec. 18, 2015, 129 Stat. 2957, 2963; Pub. L. 114-328, div. A, title XVIII, §1841(b), Dec. 23, 2016, 130 Stat. 2663, and was renumbered title XXII, §2209 of Pub. L. 107-296 by Pub. L. 115-278, §2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 659 of Title 6, Domestic Security.

AMENDMENTS

2018-Pars. (2) to (7). Pub. L. 115-254 added par. (2) and redesignated former pars. (2) to (6) as (3) to (7), respectively.

2006-Par. (6). Pub. L. 109-347 inserted at end "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."

REGULATIONS

Pub. L. 107-295, title I, §102(d), Nov. 25, 2002, 116 Stat. 2084, provided that:

"(1) INTERIM FINAL RULE AUTHORITY.-The Secretary shall issue an interim final rule as a temporary regulation implementing this section [enacting this subtitle and provisions set out as notes under sections 70104 and 70114 of this title] (including the amendments made by this section) as soon as practicable after the date of enactment of this section [Nov. 25, 2002], without regard to the provisions of chapter 5 of title 5, United States Code. All regulations prescribed under the authority of this subsection that are not earlier superseded by final regulations shall expire not later than 1 year after the date of enactment of this Act [Nov. 25, 2002].

"(2) INITIATION OF RULEMAKING.-The Secretary may initiate a rulemaking to implement this section (including the amendments made by this section) as soon as practicable after the date of enactment of this section. The final rule issued pursuant to that rulemaking may supersede the interim final rule promulgated under this subsection."

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 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.

MARITIME BORDER SECURITY COOPERATION

Pub. L. 115-254, div. J, §18141814,, 132 Stat. 3540, provided that: "The Secretary of the department in which the Coast Guard is operating shall, in accordance with law-

"(1) partner with other Federal, State, and local government agencies to leverage existing technology, including existing sensor and camera systems and other sensors, in place along the maritime border to facilitate monitoring of high-risk maritime borders, as determined by the Secretary; and

"(2) subject to the availability of appropriations, enter into such agreements as the Secretary considers necessary to ensure the monitoring described in paragraph (1)."

INTEGRATED CROSS-BORDER MARITIME LAW ENFORCEMENT OPERATIONS BETWEEN THE UNITED STATES AND CANADA

Pub. L. 112-213, title VII, §711, Dec. 20, 2012, 126 Stat. 1581, provided that:

"(a) AUTHORIZATION.-The Secretary of Homeland Security, acting through the Commandant of the Coast Guard, may establish an Integrated Cross-Border Maritime Law Enforcement Operations Program to coordinate the maritime security operations of the United States and Canada (in this section referred to as the 'Program').

"(b) PURPOSE.-The Secretary, acting through the Commandant, shall administer the Program in a manner that results in a cooperative approach between the United States and Canada to strengthen border security and detect, prevent, suppress, investigate, and respond to terrorism and violations of law related to border security.

"(c) TRAINING.-The Secretary, acting through the Commandant and in consultation with the Secretary of State, may-

"(1) establish, as an element of the Program, a training program for individuals who will serve as maritime law enforcement officers; and

"(2) conduct training jointly with Canada to enhance border security, including training-

"(A) on the detection and apprehension of suspected terrorists and individuals attempting to unlawfully cross or unlawfully use the international maritime border between the United States and Canada;