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Title 46 — Shipping

Chapter 701 — Port Security

§ 70125. Port security training for facility security officers

Statutory text

(a)

Facility Security Officers.—

The Secretary shall establish comprehensive facility security 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 programs developed by the Federal Government.

(b)

Requirements.—

The training program shall provide validated training that—

(1)

provides training at the awareness, performance, 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 program to educate on the dangers and issues associated with the shipment of hazardous and especially hazardous cargo;

(5)

addresses port security topics, including—

(A)

facility security plans and procedures, including how to develop security plans and security procedure requirements when threat levels are elevated;

(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 governmental and nongovernmental emergency response providers; and

(J)

evacuation procedures;

(6)

is consistent with, and supports implementation of, the National Incident Management 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 facility security plans;

(9)

addresses requirements under the International Code for the Security of Ships and Port Facilities to address shore leave for mariners and access to visitors, representatives of seafarers’ welfare organizations, and labor organizations; and

(10)

such other subject matters as may be prescribed by the Secretary.

(c)

Continuing Security Training.—

The Secretary, in coordination with the Secretary of Transportation, shall work with State and local law enforcement agencies and industry stakeholders to develop and certify the following additional security training requirements for Federal, State, and local officials with security responsibilities 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 responsibilities.

(2)

A program to familiarize them with dangers and potential issues with respect to shipments of hazardous and especially hazardous cargoes.

(3)

A program of continuing education as deemed necessary by the Secretary.

(d)

Training Partners.—

In developing curriculum and delivering training established pursuant to subsections (a) and (c), 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 work with institutions with maritime expertise and with industry stakeholders with security expertise to develop appropriate 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 Secretary shall issue regulations or grant solicitations for grants for homeland security or port security to ensure that activities surrounding the development of curriculum and the provision of training and these activities are eligible grant activities under both grant programs.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Coast Guard Authorization Act of 2010

    Pub. L. 111–281 title VIII § 821(a) · 124 Stat. 2905

    Enacted · 46 U.S.C. § 70125

    Added Pub. L. 111–281, title VIII, § 821(a), Oct. 15, 2010, 124 Stat. 3001

    Source evidence

    Code source credit
    Added Pub. L. 111–281, title VIII, § 821(a), Oct. 15, 2010, 124 Stat. 3001

    Enacted provision · exact public law section
    (a) Port Security Training Program.— Chapter 701 of title 46, United States Code, is further amended by adding at the end the following: “§ 70125. Port security training for facility security officers “(a) Facility Security Officers.— The Secretary shall establish comprehensive facility security 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 programs developed by the Federal Government. “(b) Requirements.— The training program shall provide validated training that— “(1) provides training at the awareness, performance, 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 program to educate on the dangers and issues associated with the shipment of hazardous and especially hazardous cargo; “(5) addresses port security topics, including— “(A) facility security plans and procedures, including how to develop security plans and security procedure requirements when threat levels are elevated; “(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 governmental and nongovernmental emergency response providers; and “(J) evacuation procedures; “(6) is consistent with, and supports implementation of, the National Incident Management 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 facility security plans; “(9) addresses requirements under the International Code for the Security of Ships and Port Facilities to address shore leave for mariners and access to visitors, representatives of seafarers’ welfare organizations, and labor organizations; and “(10) such other subject matters as may be prescribed by the Secretary. “(c) Continuing Security Training.— The Secretary, in coordination with the Secretary of Transportation, shall work with State and local law enforcement agencies and industry stakeholders to develop and certify the following additional security training requirements for Federal, State, and local officials with security responsibilities 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 responsibilities. “(2) A program to familiarize them with dangers and potential issues with respect to shipments of hazardous and especially hazardous cargoes. “(3) A program of continuing education as deemed necessary by the Secretary. “(d) Training Partners.— In developing curriculum and delivering training established pursuant to subsections (a) and (c), 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 work with institutions with maritime expertise and with industry stakeholders with security expertise to develop appropriate 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 Secretary shall issue regulations or grant solicitations for grants for homeland security or port security to ensure that activities surrounding the development of curriculum and the provision of training and these activities are eligible grant activities under both grant programs.” .

    Effective date note
    Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(12) is effective with the enactment of Pub. L. 111–281.

  2. Pub. L. 111–330 § 1(14) · 124 Stat. 3569

    Amended · 46 U.S.C. § 70125

    Pub. L. 111–330 amended Pub. L. 111–281, § 821(a), which enacted this section

    Source evidence

    Code amendment note
    Pub. L. 111–330 amended Pub. L. 111–281, § 821(a), which enacted this section.

    Enacted provision · exact public law section
    (14) Section 821(a) Ante, p. 3001. is amended in the quoted matter in section 70125(d) by striking “[46 U.S.C. 70101 note]” and inserting “(46 U.S.C. 70101 note)”.

    Effective date note
    Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(12) is effective with the enactment of Pub. L. 111–281.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

The Maritime Transportation Security Act of 2002, referred to in subsec. (c)(1), is Pub. L. 107–295, , 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, , 124 Stat. 3569, provided that the amendment made by section 1(12) is effective with the enactment of Pub. L. 111–281.

Credits

2010 · 2 acts
  1. 2010Added Pub. L. 111–281, title VIII, § 821(a), , 124 Stat. 3001
  2. 2010amended Pub. L. 111–330, § 1(14), , 124 Stat. 3570.
Show as published

(Added Pub. L. 111–281, title VIII, § 821(a), , 124 Stat. 3001; amended Pub. L. 111–330, § 1(14), , 124 Stat. 3570.)

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USLM identifier /us/usc/t46/s70125