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

Summary

The Secretary must set up full training and certification rules for facility security officers. He must work with industry and review existing federal and facility training and the rules listed below. The training must be tested and cover four skill levels: awareness, performance, management, and planning. It must use different ways to teach, include a validated provisional online certification, and offer continuing education, including training about hazardous and especially hazardous cargo. It must teach key port security topics—like making and using facility security plans (including higher-threat procedures), security force operations and management, physical security and access control, ways to stop cargo theft, container security, spotting weapons and dangerous substances, running and keeping security equipment working, security threats and patterns, incident procedures and communications with emergency responders, and evacuation. Training must support national systems and plans (National Incident Management System; National Response Plan; National Infrastructure Protection Plan; National Preparedness Guidance; National Preparedness Goal; National Maritime Transportation Security Plan), be measured by clear performance standards, cover facility security plan requirements, and meet International Code rules about shore leave and access for visitors and seafarer welfare and labor representatives. The Secretary may add other topics. Working with the Secretary of Transportation, state and local law enforcement, and industry, the Secretary must also create and certify training for federal, state, and local officials at seaports that covers port and shipping operations and the Maritime Transportation Security Act of 2002 (Public Law 107–295), hazardous cargo issues, and continuing education. The Secretary must coordinate with the Maritime Administrator and maritime and industry trainers to make training available across the country. The Secretary must issue rules or grant notices so curriculum development and training can be funded under homeland security or port security grants.

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