§70125 — Title 46 Shipping | U.S. Code

Summary

Require a full training and certification program for facility security officers. The Secretary must work with industry and review existing marine terminal and federal port training when making the rules. The training must teach different job levels (recognizing threats, performing tasks, managing teams, and planning). It must use different ways of teaching, include a validated provisional online certification method, and offer continuing education that covers hazards from dangerous cargo. The course must cover key port security topics such as making and following facility security plans (including steps when threat levels rise), security force operations, physical security and access control, preventing cargo theft, container security, spotting weapons and dangerous substances, using security equipment, common threats and patterns, incident response and communications with emergency responders, and evacuation. It must support national plans (for example, the National Incident Management System, National Response Plan, National Infrastructure Protection Plan, National Preparedness Guidance, National Preparedness Goal, and the National Maritime Transportation Security Plan), be measured by clear performance standards, include ISPS Code issues about shore leave and access for visitors and seafarer and labor representatives, and cover any other topics the Secretary requires. The Secretary, with the Secretary of Transportation, must also work with state and local law enforcement and industry to create and certify training for federal, state, and local officials who have port security duties. That training will teach port and shipping operations, the Maritime Transportation Security Act of 2002 (Public Law 107–295), dangers of hazardous cargo, and provide continuing education as needed. The Secretary will work with the Maritime Administrator, maritime schools, and industry to make training available across the country, following section 109 of the Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 note). The Secretary must issue rules or offer grants so curriculum work and training are eligible under homeland security and port security grant programs.

Title 46, §70125

Shipping — Source: USLM XML via OLRC

(a)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)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)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)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)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.

Notes & Related Subsidiaries

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, provided that the amendment made by section 1(12) is effective with the enactment of Pub. L. 111–281.

§70125 Port security training for facility security officers