§ 70132. Credentialing standards, training, and certification for State and local support for the enforcement of security zones for the transportation of especially hazardous cargo

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. 2010

   Coast Guard Authorization Act of 2010

   Pub. L. 111–281 title VIII § 828(a) · 124 Stat. 2905

   Enacted · 46 U.S.C. § 70132

   Added Pub. L. 111–281, title VIII, § 828(a), Oct. 15, 2010, 124 Stat. 3005

   Source evidence

   Code source credit
   Added Pub. L. 111–281, title VIII, § 828(a), Oct. 15, 2010, 124 Stat. 3005

   Enacted provision · exact public law section
   (a) In General.— Section 701 of title 46, United States Code, is amended by adding at the end the following: “SUBCHAPTER II— PORT SECURITY ZONES “§ 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 of title II of the Act of June 15, 1917 (50 U.S.C. 191) or section 7(b) 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. “§ 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 Regulations. Commandant of the Coast Guard shall establish, by regulation, national standards for training and credentialing of law enforcement 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) Publication. shall develop and publish a training curriculum for— “(i) law enforcement personnel to enforce a security zone; “(ii) law enforcement 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 law enforcement personnel who enforce or assist in the enforcement of a security zone; and “(B) on an availability basis to— “(i) law enforcement 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.” .

   Effective date note
   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.

2. 2010

   Pub. L. 111–330 § 1(16) · 124 Stat. 3569

   Amended · 46 U.S.C. § 70132

   Pub. L. 111–330 amended Pub. L. 111–281, § 828(a), which enacted this section

   Source evidence

   Code amendment note
   Pub. L. 111–330 amended Pub. L. 111–281, § 828(a), which enacted this section.

   Enacted provision · exact public law section
   (16) Section 828(a) Ante, p. 3005. is amended— (A) by striking “Section 701” and inserting “Chapter 701”; and (B) by striking “is amended” and inserting “is further amended”.

   Effective date note
   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.

3. 2021

   Elijah E. Cummings Coast Guard Authorization Act of 2020

   Pub. L. 116–283 § 8314(2)(A) · 134 Stat. 3388

   Substituted · 46 U.S.C. § 70132(a)

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

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 116–283, § 8314(2)(A), substituted “public safety personnel—” for “law enforcement personnel—” in introductory provisions.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking “law enforcement personnel—” and inserting “public safety personnel—”;

4. 2021

   Elijah E. Cummings Coast Guard Authorization Act of 2020

   Pub. L. 116–283 § 8314(2)(B) · 134 Stat. 3388

   Substituted · 46 U.S.C. § 70132(b)

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

   Source evidence

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

   Enacted provision · exact public law section
   (B) in subsection (b), by striking “law enforcement personnel” each place it appears and inserting “public safety personnel”; and

5. 2021

   Elijah E. Cummings Coast Guard Authorization Act of 2020

   Pub. L. 116–283 § 8314(2)(C) · 134 Stat. 3388

   Added · 46 U.S.C. § 70132(d)

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

   Source evidence

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

   Enacted provision · exact public law section
   (C) by adding at the end the following: “(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.” .

5 of 5 references resolved to an enrolled provision