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 Waterways 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 territorial 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.)

Editorial Notes

References in Text

Section 1 of title II of the Act of June 15, 1917, referred 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 L. 115–282 was repealed by Pub.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, provided that the amendment made by section 1(16) is effective with the enactment of Pub. L. 111–281.

¹ See References in Text note below.

§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 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, 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 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.

(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.

Amendments

2021—Subsec. (a). Pub. L. 116–283, §8314(2)(A), substituted "public safety personnel—" for "law enforcement personnel—" in introductory provisions.

Subsec. (b). Pub. L. 116–283, §8314(2)(B), substituted "public safety personnel" for "law enforcement personnel" wherever appearing.

Subsec. (d). Pub. L. 116–283, §8314(2)(C), added subsec. (d).

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, provided that the amendment made by section 1(16) is effective with the enactment of Pub. L. 111–281.