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46 USC § 70104 - Transportation security incident response

---
identifier: "/us/usc/t46/s70104"
source: "usc"
legal_status: "official_legal_evidence"
title: "46 USC § 70104 - Transportation security incident response"
title_number: 46
title_name: "SHIPPING"
section_number: "70104"
section_name: "Transportation security incident response"
chapter_number: 701
chapter_name: "PORT SECURITY"
subchapter_number: "I"
subchapter_name: "GENERAL"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2072; amended Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)"
---

# § 70104. Transportation security incident response

**(a)** **Facility and Vessel Response Plans.—** 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)** **Contents.—** 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)** **Inclusion in Security Plan.—** A response plan required under this subsection for a vessel or facility may be included in the security plan prepared under section 70103(c).

---

**Source Credit**: (Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2072; amended Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)

## 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 , set out as a note under , Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of  or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until , see , set out as a note under .

### 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 , 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 sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

### Deadline

> “The Secretary shall establish the plans required under
> 
> , United States Code, as enacted by this Act, before
> 
> .”

, , , provided that: