image displayed if flash reader not installed
SAFE Port Act: Port Security
Port Security Zones
This is a part of the Safety and Accountability For Every Port Act (SAFE Port Act), originally approved in 2006 as Public Law 109-347 and subsequently amended. This specific part dates from two laws amending the SAFE Port Act in 2010. The text shown here is as codified in Title 46 (Shipping) of the U.S. Code. Some other parts of the SAFE Port Act were codified in Title 6 (Domestic Security) of the U.S. Code.

 

 

 

See the full SAFE Port Act as enacted in 2006 (i.e., with some items unrelated to this subject but not including subsequent amendments to the law itself); this is a large PDF file.

Other provisions in the SAFE Port Act related to maritime security include:

 

See also the CENTRAL guide to Security, Sanctions, and Compliance for links to other laws on , as well as other U.S. laws on Maritime Security and related matters.

 

 

 


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 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) 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.