§ 1226. — Port, harbor, and coastal facility security.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1226]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
Sec. 1226. Port, harbor, and coastal facility security
(a) General authority
The Secretary may take actions described in subsection (b) of this
section to prevent or respond to an act of terrorism 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) of this section, 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;
(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; and
(3) dispatch properly trained and qualified armed 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 or transportation security incidents,
as defined in section 70101 of title 46.
(c) Nondisclosure of port security plans
Notwithstanding any other provision of law, information related to
security plans, procedures, or programs for passenger vessels or
passenger terminals authorized under this chapter is not required to be
disclosed to the public.
(Pub. L. 92-340, Sec. 7, as added Pub. L. 99-399, title IX, Sec. 906,
Aug. 27, 1986, 100 Stat. 890; amended Pub. L. 104-324, title III,
Sec. 302, Oct. 19, 1996, 110 Stat. 3917; Pub. L. 107-295, title I,
Sec. 107(a), Nov. 25, 2002, 116 Stat. 2088.)
Prior Provisions
A prior section 1226, Pub. L. 92-340, Sec. 7, formerly title I,
Sec. 106, July 10, 1972, 86 Stat. 427; renumbered Sec. 7 and amended
Pub. L. 95-474, Sec. 2, Oct. 17, 1978, 92 Stat. 1475, related to
requirement respecting federally licensed pilots on any foreign or
domestic self-propelled vessel engaged in the foreign trade when
operating in the navigable waters of the United States in areas, etc.,
where a pilot is not otherwise required by State law, prior to repeal by
Pub. L. 98-557, Sec. 29(g), Oct. 30, 1984, 98 Stat. 2875.
Amendments
2002--Subsec. (b)(3). Pub. L. 107-295 added par. (3).
1996--Subsec. (c). Pub. L. 104-324 added subsec. (c).
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.
Report on Use of Non-Coast Guard Personnel
Pub. L. 107-295, title I, Sec. 107(b), Nov. 25, 2002, 116 Stat.
2088, provided that: ``The Secretary of the department in which the
Coast Guard is operating shall evaluate and report to the Congress on--
``(1) the potential use of Federal, State, or local government
personnel, and documented United States Merchant Marine personnel,
to supplement Coast Guard personnel under section 7(b)(3) of the
Ports and Waterways Safety Act (33 U.S.C. 1226(b)(3));
``(2) the possibility of using personnel other than Coast Guard
personnel to carry out Coast Guard personnel functions under that
section and whether additional legal authority would be necessary to
use such personnel for such functions; and
``(3) the possibility of utilizing the United States Merchant
Marine Academy, State maritime academies, or Coast Guard approved
maritime industry schools in the United States, to provide training
under that section.''
