§70132 — Title 46 Shipping | U.S. Code

Summary

Requires the Coast Guard Commandant to create national training and credential rules for people who enforce or help enforce security zones for especially hazardous cargo. The Commandant must write and publish a training course for three groups: public safety personnel who enforce security zones, public safety personnel who enforce or assist, and facility or vessel staff who help enforce. The Commandant can give the training and tests, make agreements so public or private groups can teach it, and accept programs run by others. Federal agencies and any groups that get money under section 70107(b)(8) must offer the training to enforcement personnel and, when available, to assisting personnel and facility or vessel staff. Federal agency heads may take payment for training and credit it to their budget. Department of Homeland Security grants may be used to pay for this training. The Secretary, with the Maritime Administrator of the Department of Transportation, must work with training schools and certify organizations that teach the course. "Public safety personnel" means federal, State, territorial, or Tribal law enforcement officers, firefighters, or emergency responders.

Title 46, §70132

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(a)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)(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)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)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.

Notes & Related Subsidiaries

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.

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

Summary

Title 46, §70132

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Enforcement

Enforcement

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata