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46 U.S.C. § 70132 — Credentialing standards, training, and certification for State and local support for the enforcement of security zones for the transportation of especially hazardous cargo
Federal law — U.S. Code and appendices · legal_authorities
**(a) Standard.—** The Commandant of the Coast Guard shall establish, by regulation, national standards for training and credentialing of public safety personnel—
(1) to enforce a security zone; or
(2) to assist in the enforcement of a security zone.
**(b) Training.—**
(1) The Commandant of the Coast Guard—
(A) shall develop and publish a training curriculum for—
(i) public safety personnel to enforce a security zone;
(ii) public safety personnel to enforce or assist in the enforcement of a security zone; and
(iii) personnel who are employed or retained by a facility or vessel owner to assist in the enforcement of a security zone; and
(B) may—
(i) test and deliver such training, the curriculum for which is developed pursuant to subparagraph (A);
(ii) enter into an agreement under which a public entity (including a Federal agency) or private entity may test and deliver such training, the curriculum for which has been developed pursuant to subparagraph (A); and
(iii) may accept a program, conducted by a public entity (including a Federal agency) or private entity, through which such training is delivered the curriculum for which is developed pursuant to subparagraph (A).
(2) Any Federal agency that provides such training, and any public or private entity that receives moneys, pursuant to [section 70107(b)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70107/b/8&num=0&edition=prelim), to provide such training, shall provide such training—
(A) to public safety personnel who enforce or assist in the enforcement of a security zone; and
(B) on an availability basis to—
(i) public safety personnel who assist in the enforcement of a security zone; and
(ii) personnel who are em
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Source file: Laws/federal/codes/united-states-code/title-46/section-70132-credentialing-standards-training-and-certification-for-state-and-local-s--73b387362e.md
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Source location: Title 46, Chapter 701, § 70132; chapter-701-port-security.md
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**(a) Standard.—** The Commandant of the Coast Guard shall establish, by regulation, national standards for training and credentialing of public safety personnel—
(1) to enforce a security zone; or
(2) to assist in the enforcement of a security zone.
**(b) Training.—**
(1) The Commandant of the Coast Guard—
(A) shall develop and publish a training curriculum for—
(i) public safety personnel to enforce a security zone;
(ii) public safety personnel to enforce or assist in the enforcement of a security zone; and
(iii) personnel who are employed or retained by a facility or vessel owner to assist in the enforcement of a security zone; and
(B) may—
(i) test and deliver such training, the curriculum for which is developed pursuant to subparagraph (A);
(ii) enter into an agreement under which a public entity (including a Federal agency) or private entity may test and deliver such training, the curriculum for which has been developed pursuant to subparagraph (A); and
(iii) may accept a program, conducted by a public entity (including a Federal agency) or private entity, through which such training is delivered the curriculum for which is developed pursuant to subparagraph (A).
(2) Any Federal agency that provides such training, and any public or private entity that receives moneys, pursuant to [section 70107(b)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70107/b/8&num=0&edition=prelim), to provide such training, shall provide such training—
(A) to public safety personnel who enforce or assist in the enforcement of a security zone; and
(B) on an availability basis to—
(i) public safety personnel who assist in the enforcement of a security zone; and
(ii) personnel who are employed or retained by a facility or vessel owner or operator to assist in the enforcement of a security zone.
(3) If a Federal agency provides the training, the head of such agency may, notwithstanding any other provision of law, accept payment from any source for such training, and any amount received as payment shall be credited to the appropriation, current at the time of collection, charged with the cost thereof and shall be merged with, and available for, the same purposes of such appropriation.
(4) Notwithstanding any other provision of law, any moneys, awarded by the Department of Homeland Security in the form of awards or grants, may be used by the recipient to pay for training of personnel to assist in the enforcement of security zones and limited access areas.
**(c) Certification; Training Partners.—** In developing and delivering training under the training program, the Secretary, in coordination with the Maritime Administrator of the Department of Transportation, and consistent with section 109 of the Maritime Transportation Security Act of 2002 ([46 U.S.C. 70101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70101&num=0&edition=prelim) note), shall—
(1) work with government training facilities, academic institutions, private organizations, employee organizations, and other entities that provide specialized, state-of-the-art training for governmental and nongovernmental emergency responder providers or commercial seaport personnel and management;
(2) utilize, as appropriate, government training facilities, courses provided by community colleges, public safety academies, State and private universities, and other facilities; and
(3) certify organizations that offer the curriculum for training and certification.
**(d) Public Safety Personnel Defined.—** For the purposes of this section, the term “public safety personnel” includes any Federal, State (or political subdivision thereof), territorial, or Tribal law enforcement officer, firefighter, or emergency response provider.
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Federal law — U.S. Code and appendices · legal_authorities
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 2200 of the Homeland Security Act of 2002.
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary shall establish a grant program for the allocation of funds based on risk to implement Area Maritime Transportation Security Plans and facility security plans among port authorities, facility operators, and State and local government agencies required to provide port security services and to train public safety personnel under [section 70132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70132&num=0&edition=prelim). Before awarding a grant under the program, the Secretary shall provide for review and comment by the appropriate Federal Maritime Security Coordinators and the Maritime Administrator. In administering the grant program, the Secretary shall take into account national economic, energy, and strategic defense concerns based upon the most current risk assessments available.
**(b) Eligible Costs.—** The following costs of funding the correction of Coast Guard identified vulnerabilities in port security and ensuring compliance with Area Maritime Transportation Security Plans and facility security plans are eligible to be funded:
(1) Salary, benefits, overtime compensation, retirement contributions, and other costs of additional Coast Guard mandated security personnel.
(2) The cost of acquisition, operation, and maintenance of security equipment or facilities to be used for security monitoring and recording, security gates and fencing, marine barriers for designated security zones, security-related lighting systems, remote surveillance, concealed video systems, security vessels, and other security-related infrastructure or equipment that contributes to the overall security of passengers, cargo, or crewmembers. Grants awarded under this section may not be used to construct buildings or
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70107
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Federal law — U.S. Code and appendices · legal_authorities
Page 559
TITLE 46—SHIPPING
§ 70101
Sec.
[70107A. Repealed.]
70108.
Foreign port assessment.
70109.
Notifying foreign authorities.
70110.
Actions and assistance for foreign ports or fa-
cilities and United States territories.
70111.
Enhanced crewmember identification.
70112.
Maritime Security Advisory Committees.
70113.
Maritime intelligence.
70114.
Automatic identification systems.
70115.
Long-range vessel tracking system.
70116.
Port, harbor, and coastal facility security.
[70117.
Repealed.]
70118.
Enforcement by State and local officers.
70119.
Civil penalty.
70120.
In rem liability for civil penalties and certain
costs.
70121.
Withholding of clearance.
70122.
Waterway Watch Program.
70123.
Mobile biometric identification.
70124.
Regulations.
70125.
Port security training for facility security of-
ficers.
SUBCHAPTER II—PORT SECURITY ZONES
70131.
Definitions.
70132.
Credentialing standards, training, and certifi-
cation for State and local support for the
enforcement of security zones for the trans-
portation of especially hazardous cargo.
Editorial Notes
AMENDMENTS
2022—Pub. L. 117–263, div. K, title CXVIII, § 11804(b),
Dec. 23, 2022, 136 Stat. 4164, added item 70105 and struck
out former item 70105 ‘‘Transportation security cards’’.
2021—Pub. L. 116–283, div. G, title LVXXXV [LXXXV],
§ 8507(d)(1), Jan. 1, 2021, 134 Stat. 4754, repealed amend-
ment by Pub. L. 115–282, § 408(c), and further provided
that the provisions of law amended by section 408 of
Pub. L. 115–282 are amended to read as if such section
were not enacted. See 2018 Amendment note below.
2018—Pub. L. 115–282, title IV, § 408(c), Dec. 4, 2018, 132
Stat. 4268, added item 70102a ‘‘Port, harbor, and coastal
facility security’’, prior to repeal by Pub.
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 70101
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Federal law — U.S. Code and appendices · legal_authorities
Page 592
TITLE 46—SHIPPING
§ 70132
Editorial Notes
REFERENCES IN TEXT
Section 1 of title II of the Act of June 15, 1917, re-
ferred to in par. (2), which was classified to section 191
of Title 50, War and National Defense, was redesignated
and transferred to section 70051 of this title by Pub. L.
115–282, title IV, § 407(b)(1), (5), Dec. 4, 2018, 132 Stat.
4267.
Section 7(b) of the Ports and Waterways Safety Act,
referred to in par. (2), which was classified to section
1226(b) of Title 33, Navigation and Navigable Waters,
was redesignated and transferred to section 70116(b) of
this title by Pub. L. 115–282, title IV, § 402(b)(1), Dec. 4,
2018, 132 Stat. 4264. A duplicate transfer to section
70102a(b) of this title by section 408(a) of Pub. L. 115–282
was repealed by Pub. L. 116–283, div. G, title LVXXXV
[LXXXV], § 8507(d)(1), Jan. 1, 2021, 134 Stat. 4754.
AMENDMENTS
2010—Pub. L. 111–330 amended Pub. L. 111–281, § 828(a),
which enacted this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, pro-
vided that the amendment made by section 1(16) is ef-
fective with the enactment of Pub. L. 111–281.
§ 70132. Credentialing standards, training, and
certification for State and local support for
the enforcement of security zones for the
transportation of especially hazardous cargo
(a) STANDARD.—The Commandant of the Coast
Guard shall establish, by regulation, national
standards for training and credentialing of pub-
lic safety personnel—
(1) to enforce a security zone; or
(2) to assist in the enforcement of a security
zone.
(b) TRAINING.—
(1) The Commandant of the Coast Guard—
(A) shall develop and publish a training
curriculum for—
(i) public safety personnel to enf
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 70132
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