46 U.S.C. § 70131 — Definitions

Page 591 TITLE 46—SHIPPING § 70131 1 See References in Text note below. (B) facility security force operations and management; (C) physical security and access control at facilities; (D) methods of security for preventing and countering cargo theft; (E) container security; (F) recognition and detection of weapons, dangerous substances, and devices; (G) operation and maintenance of security equipment and systems; (H) security threats and patterns; (I) security incident procedures, including procedures for communicating with govern- mental and nongovernmental emergency re- sponse providers; and (J) evacuation procedures; (6) is consistent with, and supports imple- mentation of, the National Incident Manage- ment System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, the National Maritime Transportation Security Plan, and other such national initiatives; (7) is evaluated against clear and consistent performance measures; (8) addresses security requirements under fa- cility security plans; (9) addresses requirements under the Inter- national Code for the Security of Ships and Port Facilities to address shore leave for mari- ners and access to visitors, representatives of seafarers’ welfare organizations, and labor or- ganizations; and (10) such other subject matters as may be prescribed by the Secretary. (c) CONTINUING SECURITY TRAINING.—The Sec- retary, in coordination with the Secretary of Transportation, shall work with State and local law enforcement agencies and industry stake- holders to develop and certify the following ad- ditional security training requirements for Fed- eral, State, and local officials with security re- sponsibilities at United States seaports: (1) A program to familiarize them with port and shipping operations, requirements of the Maritime Transportation Security Act of 2002 (Public Law 107–295), and other port and cargo security programs that educates and trains them with respect to their roles and respon- sibilities. (2) A program to familiarize them with dan- gers and potential issues with respect to ship- ments of hazardous and especially hazardous cargoes. (3) A program of continuing education as deemed necessary by the Secretary. (d) TRAINING PARTNERS.—In developing cur- riculum and delivering training established pur- suant to subsections (a) and (c), the Secretary, in coordination with the Maritime Adminis- trator of the Department of Transportation and consistent with section 109 of the Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 note), shall work with institutions with maritime expertise and with industry stake- holders with security expertise to develop appro- priate training capacity to ensure that training can be provided in a geographically balanced manner to personnel seeking certification under subsection (a) or education and training under subsection (c). (e) ESTABLISHED GRANT PROGRAM.—The Sec- retary shall issue regulations or grant solicita- tions for grants for homeland security or port security to ensure that activities surrounding the development of curriculum and the provi- sion of training and these activities are eligible grant activities under both grant programs. (Added Pub. L. 111–281, title VIII, § 821(a), Oct. 15, 2010, 124 Stat. 3001; amended Pub. L. 111–330, § 1(14), Dec. 22, 2010, 124 Stat. 3570.) Editorial Notes REFERENCES IN TEXT The Maritime Transportation Security Act of 2002, referred to in subsec. (c)(1), is Pub. L. 107–295, Nov. 25, 2002, 116 Stat. 2064. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2010—Pub. L. 111–330 amended Pub. L. 111–281, § 821(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(12) is ef- fective with the enactment of Pub. L. 111–281. SUBCHAPTER II—PORT SECURITY ZONES Editorial Notes AMENDMENTS Pub. L. 111–330, § 1(16), Dec. 22, 2010, 124 Stat. 3570, amended Pub. L. 111–281, title VIII, § 828(a), Oct. 15, 2010, 124 Stat. 3005, which added subchapter II heading. § 70131. Definitions In this subchapter: (1) LAW ENFORCEMENT AGENCY.—The term ‘‘law enforcement agency’’ means an agency of a State, a political subdivision of a State, or a Federally recognized tribe that is authorized by law to supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (2) SECURITY ZONE.—The term ‘‘security zone’’ means a security zone, established by the Commandant of the Coast Guard or the Commandant’s designee pursuant to section 1 1 of title II of the Act of June 15, 1917 (50 U.S.C. 191) or section 7(b) 1 of the Ports and Water- ways Safety Act (33 U.S.C. 1226(b)), for a vessel carrying especially hazardous cargo when such vessel— (A) enters, or operates within, the internal waters of the United States and the terri- torial sea of the United States; or (B) transfers such cargo or residue in any port or place, under the jurisdiction of the United States, within the territorial sea of the United States or the internal waters of the United States. (Added Pub. L. 111–281, title VIII, § 828(a), Oct. 15, 2010, 124 Stat. 3005; amended Pub. L. 111–330, § 1(16), Dec. 22, 2010, 124 Stat. 3570.) 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 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 re- tained by a facility or vessel owner to as- sist in the enforcement of a security zone; and (B) may— (i) test and deliver such training, the curriculum for which is developed pursu- ant to subparagraph (A); (ii) enter into an agreement under which a public entity (including a Federal agen- cy) or private entity may test and deliver such training, the curriculum for which has been developed pursuant to subpara- graph (A); and (iii) may accept a program, conducted by a public entity (including a Federal agen- cy) or private entity, through which such training is delivered the curriculum for which is developed pursuant to subpara- graph (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, to provide such train- ing, 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 re- tained by a facility or vessel owner or op- erator to assist in the enforcement of a se- curity 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 enforce- ment of security zones and limited access areas. (c) CERTIFICATION; TRAINING PARTNERS.—In de- veloping and delivering training under the train- ing program, the Secretary, in coordination with the Maritime Administrator of the Depart- ment of Transportation, and consistent with section 109 of the Maritime Transportation Se- curity Act of 2002 (46 U.S.C. 70101 note), shall— (1) work with government training facilities, academic institutions, private organizations, employee organizations, and other entities that provide specialized, state-of-the-art train- ing for governmental and nongovernmental emergency responder providers or commercial seaport personnel and management; (2) utilize, as appropriate, government train- ing facilities, courses provided by community colleges, public safety academies, State and private universities, and other facilities; and (3) certify organizations that offer the cur- riculum 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. (Added Pub. L. 111–281, title VIII, § 828(a), Oct. 15, 2010, 124 Stat. 3005; amended Pub. L. 111–330, § 1(16), Dec. 22, 2010, 124 Stat. 3570; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8314(2), Jan. 1, 2021, 134 Stat. 4699.) Editorial Notes REFERENCES IN TEXT Section 109 of the Maritime Transportation Security Act of 2002, referred to in subsec. (c), is section 109 of title I of Pub. L. 107–295, which is set out as a note under section 70101 of this title.