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46 U.S.C. § 70122 — Waterway Watch Program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Established.—** There is hereby established, within the Coast Guard, the America’s Waterway Watch Program.
**(b) Purpose.—** The Secretary shall administer the Program in a manner that promotes voluntary reporting of activities that may indicate that a person or persons may be preparing to engage or engaging in a violation of law relating to a threat or an act of terrorism (as that term is defined in [section 3077 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3077&num=0&edition=prelim)) against a vessel, facility, port, or waterway.
**(c) Information; Training.—**
(1) **Information.—** — The Secretary may establish, as an element of the Program, a network of individuals and community-based organizations that encourage the public and industry to recognize activities referred to in subsection (b), promote voluntary reporting of such activity, and enhance the situational awareness within the Nation’s ports and waterways. Such network shall, to the extent practicable, be conducted in cooperation with Federal, State, and local law enforcement agencies.
(2) **Training.—** — The Secretary may provide training in—
(A) observing and reporting on covered activities; and
(B) sharing such reports and coordinating the response by Federal, State, and local law enforcement agencies.
**(d) Voluntary Participation.—** Participation in the Program—
(1) shall be wholly voluntary;
(2) shall not be a prerequisite to eligibility for, or receipt of, any other service or assistance from, or to participation in, any other program of any kind; and
(3) shall not require disclosure of information regarding the individual reporting covered activities or, for proprietary purposes, the location of such individual.
**(e) Coordinat
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Source location: Title 46, Chapter 701, § 70122; chapter-701-port-security.md
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**(a) Program Established.—** There is hereby established, within the Coast Guard, the America’s Waterway Watch Program.
**(b) Purpose.—** The Secretary shall administer the Program in a manner that promotes voluntary reporting of activities that may indicate that a person or persons may be preparing to engage or engaging in a violation of law relating to a threat or an act of terrorism (as that term is defined in [section 3077 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3077&num=0&edition=prelim)) against a vessel, facility, port, or waterway.
**(c) Information; Training.—**
(1) **Information.—** — The Secretary may establish, as an element of the Program, a network of individuals and community-based organizations that encourage the public and industry to recognize activities referred to in subsection (b), promote voluntary reporting of such activity, and enhance the situational awareness within the Nation’s ports and waterways. Such network shall, to the extent practicable, be conducted in cooperation with Federal, State, and local law enforcement agencies.
(2) **Training.—** — The Secretary may provide training in—
(A) observing and reporting on covered activities; and
(B) sharing such reports and coordinating the response by Federal, State, and local law enforcement agencies.
**(d) Voluntary Participation.—** Participation in the Program—
(1) shall be wholly voluntary;
(2) shall not be a prerequisite to eligibility for, or receipt of, any other service or assistance from, or to participation in, any other program of any kind; and
(3) shall not require disclosure of information regarding the individual reporting covered activities or, for proprietary purposes, the location of such individual.
**(e) Coordination.—** The Secretary shall coordinate the Program with other like watch programs. The Secretary shall submit, concurrent with the President’s budget submission for each fiscal year, a report on coordination of the Program and like watch programs within the Department of Homeland Security to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives.
**(f) Authorization of Appropriations.—** There are authorized to be appropriated for the purposes of this section $3,000,000 for each of fiscal years 2011 through 2016. Such funds shall remain available until expended.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, the term—
(1) “act of terrorism” means an act of domestic or international terrorism as defined in section 2331;
(2) “United States person” means—
(A) a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(22)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/22&num=0&edition=prelim));
(B) an alien lawfully admitted for permanent residence in the United States as defined in section 101(a)(20) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(20)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/20&num=0&edition=prelim));
(C) any person within the United States;
(D) any employee or contractor of the United States Government, regardless of nationality, who is the victim or intended victim of an act of terrorism by virtue of that employment;
(E) a sole proprietorship, partnership, company, or association composed principally of nationals or permanent resident aliens of the United States; and
(F) a corporation organized under the laws of the United States, any State, the District of Columbia, or any territory or possession of the United States, and a foreign subsidiary of such corporation;
(3) “United States property” means any real or personal property which is within the United States or, if outside the United States, the actual or beneficial ownership of which rests in a United States person or any Federal or State governmental entity of the United States;
(4) “United States”, when used in a geographical sense, includes Puerto Rico and all territories and possessions of the United States;
(5) “State” includes any State of the United States, the District of Columbia, the Commonwealth o
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Federal law — U.S. Code and appendices · legal_authorities
Page 589
TITLE 46—SHIPPING
§ 70122
Editorial Notes
CODIFICATION
Another section 70119 was renumbered section 70118 of
this title.
AMENDMENTS
2006—Pub. L. 109–241 designated existing provisions as
subsec. (a), inserted heading, substituted ‘‘day during
which the violation continues’’ for ‘‘violation’’, and
added subsec. (b).
§ 70120. In rem liability for civil penalties and
certain costs
(a) CIVIL PENALTIES.—Any vessel operated in
violation of this chapter or any regulations pre-
scribed under this chapter shall be liable in rem
for any civil penalty assessed pursuant to sec-
tion 70119 for such violation, and may be pro-
ceeded against for such liability in the United
States district court for any district in which
the vessel may be found.
(b) REIMBURSABLE
COSTS
OF
SERVICE
PRO-
VIDERS.—A vessel shall be liable in rem for the
reimbursable costs incurred by any service pro-
vider related to implementation and enforce-
ment of this chapter and arising from a viola-
tion by the operator of the vessel of this chapter
or any regulations prescribed under this chap-
ter, and may be proceeded against for such li-
ability in the United States district court for
any district in which such vessel may be found.
(c) DEFINITIONS.—In this subsection—
(1) the term ‘‘reimbursable costs’’ means
costs incurred by any service provider acting
in conformity with a lawful order of the Fed-
eral government or in conformity with the in-
structions of the vessel operator; and
(2) the term ‘‘service provider’’ means any
port authority, facility or terminal operator,
shipping agent, Federal, State, or local gov-
ernment agency, or other person to whom the
management of the vessel at the port of sup-
ply is entrusted, for—
(A) services rendered to or in relation to
vessel
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 70122
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