46 U.S.C. § 70122 — Waterway Watch Program

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 crew on board the vessel, or in transit to or from the vessel, including accommoda- tion, detention, transportation, and medical expenses; and (B) required handling of cargo or other items on board the vessel. (Added Pub. L. 108–293, title VIII, § 802(a)(2), Aug. 9, 2004, 118 Stat. 1078, § 70117; renumbered § 70120 and amended Pub. L. 109–241, title IX, § 901(l)(2), (3), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, § 15(33)(B), (C), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–181 repealed Pub. L. 109–304, § 15(33)(B), (C). See 2006 Amendment notes below. 2006—Pub. L. 109–304, § 15(33)(B), which directed re- numbering identical to that made by Pub. L. 109–241, § 901(l)(2), was repealed by Pub. L. 110–181. See Amend- ment note and Construction of 2006 Amendment note below. Pub. L. 109–241, § 901(l)(2), renumbered section 70117 of this title, as added by Pub. L. 108–293, § 802(a)(2), as this section. Subsec. (a). Pub. L. 109–304, § 15(33)(C), which directed amendment identical to that made by Pub. L. 109–241, § 901(l)(3), was repealed by Pub. L. 110–181. See Amend- ment note and Construction of 2006 Amendment note below. Pub. L. 109–241, § 901(l)(3), substituted ‘‘section 70119’’ for ‘‘section 70120’’. Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2006 AMENDMENT Provisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never en- acted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code. § 70121. Withholding of clearance (a) REFUSAL OR REVOCATION OF CLEARANCE.—If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty under section 70119, or if reasonable cause exists to be- lieve that the owner, agent, master, officer, or person in charge may be subject to a penalty under section 70119, the Secretary may, with re- spect to such vessel, refuse or revoke any clear- ance required by section 60105 of this title. (b) CLEARANCE UPON FILING OF BOND OR OTHER SURETY.—The Secretary may require the filing of a bond or other surety as a condition of grant- ing clearance refused or revoked under this sub- section. (Added Pub. L. 108–293, title VIII, § 802(a)(2), Aug. 9, 2004, 118 Stat. 1079, § 70118; renumbered § 70121 and amended Pub. L. 109–241, title IX, § 901(l)(2), (4), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, § 15(33)(B), (D), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–181 repealed Pub. L. 109–304, § 15(33)(B), (D)(i). See 2006 Amendment notes below. 2006—Pub. L. 109–304, § 15(33)(B), which directed re- numbering identical to that made by Pub. L. 109–241, § 901(l)(2), was repealed by Pub. L. 110–181. See Amend- ment note and Construction of 2006 Amendment note below. Pub. L. 109–241, § 901(l)(2), renumbered section 70118 of this title, as added by Pub. L. 108–293, § 802(a)(2), as this section. Subsec. (a). Pub. L. 109–304, § 15(33)(D)(ii), substituted ‘‘section 60105 of this title’’ for ‘‘section 4197 of the Re- vised Statutes of the United States (46 U.S.C. App. 91)’’. Pub. L. 109–304, § 15(33)(D)(i), which directed amend- ment identical to that made by Pub. L. 109–241, § 901(l)(4), was repealed by Pub. L. 110–181. See Amend- ment note and Construction of 2006 Amendment note below. Pub. L. 109–241, § 901(l)(4), substituted ‘‘section 70119’’ for ‘‘section 70120’’. Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2006 AMENDMENT Provisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never en- acted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code. § 70122. Waterway Watch Program (a) PROGRAM ESTABLISHED.—There is hereby established, within the Coast Guard, the Amer- ica’s Waterway Watch Program. Page 590 TITLE 46—SHIPPING § 70123 (b) PURPOSE.—The Secretary shall administer the Program in a manner that promotes vol- untary reporting of activities that may indicate that a person or persons may be preparing to en- gage 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) against a vessel, facility, port, or waterway. (c) INFORMATION; TRAINING.— (1) INFORMATION.—The Secretary may estab- lish, as an element of the Program, a network of individuals and community-based organiza- tions that encourage the public and industry to recognize activities referred to in sub- section (b), promote voluntary reporting of such activity, and enhance the situational awareness within the Nation’s ports and wa- terways. 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 ac- tivities; 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 assist- ance from, or to participation in, any other program of any kind; and (3) shall not require disclosure of informa- tion regarding the individual reporting cov- ered activities or, for proprietary purposes, the location of such individual. (e) COORDINATION.—The Secretary shall coordi- nate the Program with other like watch pro- grams. The Secretary shall submit, concurrent with the President’s budget submission for each fiscal year, a report on coordination of the Pro- gram and like watch programs within the De- partment of Homeland Security to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Homeland Security of the House of Representa- tives. (f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for the pur- poses of this section $3,000,000 for each of fiscal years 2011 through 2016. Such funds shall remain available until expended. (Added Pub. L. 111–281, title VIII, § 801(a), Oct. 15, 2010, 124 Stat. 2988; amended Pub. L. 114–120, title III, § 306(a)(11), Feb. 8, 2016, 130 Stat. 55.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–120 substituted ‘‘Watch Program’’ for ‘‘watch program’’ in section catchline. § 70123. Mobile biometric identification (a) IN GENERAL.—Within one year after the date of the enactment of the Coast Guard Au- thorization Act of 2010, the Secretary shall con- duct, in the maritime environment, a program for the mobile biometric identification of sus- pected individuals, including terrorists, to en- hance border security and for other purposes. (b) REQUIREMENTS.—The Secretary shall en- sure the program required in this section is co- ordinated with other biometric identification programs within the Department of Homeland Security. (c) DEFINITION.—For the purposes of this sec- tion, the term ‘‘biometric identification’’ means use of fingerprint and digital photography im- ages and facial and iris scan technology and any other technology considered applicable by the Department of Homeland Security. (Added Pub. L. 111–281, title VIII, § 807(a), Oct. 15, 2010, 124 Stat. 2993.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Coast Guard Au- thorization Act of 2010, referred to in subsec. (a), is the date of enactment of Pub. L. 111–281, which was ap- proved Oct. 15, 2010. § 70124. Regulations Unless otherwise provided, the Secretary may issue regulations necessary to implement this chapter. (Added Pub. L. 111–281, title VIII, § 820(a), Oct. 15, 2010, 124 Stat. 3001.) § 70125. Port security training for facility secu- rity officers (a) FACILITY SECURITY OFFICERS.—The Sec- retary shall establish comprehensive facility se- curity officer training requirements designed to provide full security training that would lead to certification of such officers. In establishing the requirements, the Secretary shall— (1) work with affected industry stakeholders; and (2) evaluate— (A) the requirements of subsection (b); (B) existing security training programs employed at marine terminal facilities; and (C) existing port security training pro- grams developed by the Federal Govern- ment. (b) REQUIREMENTS.—The training program shall provide validated training that— (1) provides training at the awareness, per- formance, management, and planning levels; (2) utilizes multiple training mediums and methods; (3) establishes a validated provisional on- line certification methodology; (4) provide for continuing education and training for facility security officers beyond certification requirements, including a pro- gram to educate on the dangers and issues as- sociated with the shipment of hazardous and especially hazardous cargo; (5) addresses port security topics, includ- ing— (A) facility security plans and procedures, including how to develop security plans and security procedure requirements when threat levels are elevated;