Editorial Notes
References in Text

The date of the enactment of the SAFE Port Act, referred to in subsec. (h), is the date of enactment of Pub. L. 109–347, which was approved Oct. 13, 2006.

The date of enactment of this Act, referred to in subsec. (k)(1), probably means the date of enactment of Pub. L. 107–295, which enacted this section and was approved Nov. 25, 2002.

This Act, referred to in subsec. (k)(1)(B)(iii), probably means the Maritime Transportation Security Act of 2002, which enacted this subtitle, see note below.

With respect to “transportation security cards required by section 70105”, referred to in subsec. (k)(1)(B)(iv), amendments made by Pub. L. 117–263 to section 70105 of this title are such that section 70105 now refers to “transportation worker identification credential” rather than “transportation security card”. See section 70105 of this title.

The Maritime Transportation Security Act of 2002, referred to in subsec. (k)(3)(D), is Pub. L. 107–295, Nov. 25, 2002, 116 Stat. 2064. For complete classification of this Act to the Code, see Tables.

Amendments

2021—Subsec. (a). Pub. L. 116–283, § 8314(1)(A), substituted “public safety personnel” for “law enforcement personnel”.

Subsec. (b)(8). Pub. L. 116–283, § 8314(1)(B), substituted “public safety personnel—” for “law enforcement personnel—” in introductory provisions.

Subsec. (c)(2)(C). Pub. L. 116–283, § 8314(1)(C), substituted “public safety personnel” for “law enforcement agency personnel”.

2016—Subsec. (b)(2). Pub. L. 114–120, § 306(a)(10)(A), substituted “5196(j)(8)),” for “5121(j)(8)),” in introductory provisions.

Subsec. (m)(3)(C)(iii). Pub. L. 114–120, § 306(a)(10)(B), substituted “that the applicant” for “that is”.

2010—Subsec. (a). Pub. L. 111–281, § 828(b)(1), substituted “services and to train law enforcement personnel under section 70132 of this title.” for “services.” in first sentence.

Subsec. (b)(8). Pub. L. 111–281, § 828(b)(2), added par.(8).

Subsec. (c)(2)(C). Pub. L. 111–281, § 828(b)(3), added subpar. (C).

Subsec. (l). Pub. L. 111–281, § 828(b)(4), substituted “2013” for “2011”.

2006—Subsec. (a). Pub. L. 109–347, § 112(a), (e), substituted “for the allocation of funds based on risk” for “for making a fair and equitable allocation of funds” and “national economic, energy, and strategic defense concerns based upon the most current risk assessments available” for “national economic and strategic defense concerns”.

Subsec. (b)(2). Pub. L. 109–347, § 112(b)(1), inserted at end “Grants awarded under this section may not be used to construct buildings or other physical facilities, except those which are constructed under terms and conditions consistent with the requirements under section 611(j)(8) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121(j)(8)), including those facilities in support of this paragraph, and specifically approved by the Secretary. Costs eligible for funding under this paragraph may not exceed the greater of—” and subpars. (A) and (B).

Subsec. (b)(5) to (7). Pub. L. 109–347, § 112(b)(2), added pars. (5) to (7).

Subsecs. (e) to (i). Pub. L. 109–347, § 112(c)(1), added subsecs. (e) to (h). Former subsecs. (e) to (i) redesignated (i) to (m), respectively.

Subsec. (i)(1). Pub. L. 109–347, § 112(c)(2), substituted “Secretary shall require” for “program shall require”.

Subsecs. (j), (k). Pub. L. 109–347, § 112(c)(1), redesignated subsecs. (f) and (g) as (j) and (k), respectively.

Subsec. (l). Pub. L. 109–347, § 112(d), amended subsec. (l) generally. Prior to amendment, subsec. (l) read as follows: “There are authorized to be appropriated to the Secretary for each of fiscal years 2003 through 2008 such sums as are necessary to carry out subsections (a) through (g).”

Pub. L. 109–347, § 112(c)(1), redesignated subsec. (h) as (l).

Subsec. (m). Pub. L. 109–347, § 112(c)(1), redesignated subsec. (i) as (m).

2004—Subsec. (a). Pub. L. 108–293, § 804(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Transportation, acting through the Maritime Administrator, shall establish a grant program for making a fair and equitable allocation among port authorities, facility operators, and State and local agencies required to provide security services of funds to implement Area Maritime Transportation Security Plans and facility security plans. The program shall take into account national economic and strategic defense considerations.”

Subsec. (c)(2)(B). Pub. L. 108–293, § 804(b)(1), substituted “Secretary determines” for “Secretary of Transportation determines”.

Subsecs. (d), (e). Pub. L. 108–293, § 804(b)(1), substituted “Secretary” for “Secretary of Transportation” wherever appearing.

Subsec. (f). Pub. L. 108–293, § 804(b), substituted “Secretary” for “Secretary of Transportation” in two places and “department in which the Coast Guard is operating” for “Department of Transportation”.

Subsecs. (g), (h). Pub. L. 108–293, § 804(b)(1), substituted “Secretary” for “Secretary of Transportation” wherever appearing.

Subsec. (i). Pub. L. 108–293, § 808(a), added subsec. (i) and struck out former subsec. (i) which related to research and development grants for port security.

Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment

Pub. L. 108–293, title VIII, § 804(c), Aug. 9, 2004, 118 Stat. 1081, provided that: “Subsections (a) and (b) [amending this section]—

“(1)
shall take effect October 1, 2004; and
“(2)
shall not affect any grant made before that date.”

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.

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 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. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.