’10 Authorization Act Will Impact MLE & HLS Missions
The House and Senate have each passed versions of the 2010/11 Coast Guard Authorization Act, with both agreeing to several provisions that will have major impacts on the service’s maritime law enforcement and homeland security missions. If signed into law there will be two MSRTs, an expansion of CEDTs, 4100 style fines for controlled substance possession, expanded biometrics programs, and strengthened penalties for INA and other maritime crimes. Also included is a section that, as I read it, specifically states MHS will not be impaired by marine safety missions, a departure from the internal memos we’ve seen that directed the scaling back of security related operations.
Below is a rundown of the new material. You can read the four versions of the bill at the Library of Congress.
Section 1333 – Authority to Carry out MHS Missions
Prohibits the provisions of this Act that relate to the Coast Guard’s marine safety mission from impairing the Coast Guard’s authority to carry out its homeland security missions, including (1) protecting ports, waterways, and marine transportation systems in the United States from acts of terrorism; (2) safeguarding the United States’ international borders from maritime intrusions by aliens seeking unlawful entry into the United States, and from individuals who aim to traffic in illegal drugs, firearms, and weapons of mass destruction in the United States; (3) maintaining defense readiness, as one of the armed forces, to rapidly mobilize and deploy defensive security personnel during a national emergency; (4) coordinating efforts with Federal, State, and local intelligence agencies to deter, detect, and take action against acts of terrorism; (5) preventing human smuggling operations at ports, on waterways, and throughout the marine transportation system.
Section 303 – MDLEA, Simple Possession
Any individual on a vessel subject to the jurisdiction of the United States who is found by the Secretary, after notice and an opportunity for a hearing, to have knowingly or intentionally possessed a controlled substance within the meaning of the Controlled Substances Act (21 U.S.C. 812) shall be liable to the United States for a civil penalty of not to exceed $10,000 for each violation. The Secretary shall notify the individual in writing of the amount of the civil penalty. Assessment of a civil penalty under this subsection shall not be considered a conviction for purposes of State or Federal law but may be considered proof of possession if such a determination is relevant.’.
Section 1104 – MSRT(s)
Requires the Secretary of the department in which the Coast Guard is operating to establish at least two maritime security response teams to act as the Coast Guard’s rapidly deployable counterterrorism and law enforcement response units that can apply advanced interdiction skills in response to threats of maritime terrorism.
Section 1105 – CEDT(s)
Requires the Secretary of Homeland Security to begin to increase the number of detection canine teams certified by the Coast Guard for maritime-related security by at least 10 canine teams annually through fiscal year 2012 and to encourage owners and operators of port facilities, passenger cruise liners, oceangoing cargo vessels, and other vessels to strengthen security through the use of highly trained detection canine teams. Authorizes appropriations for FY2010-FY2012.
Section 1107 – Biometrics
Directs the Secretary of Homeland Security, through the Commandant, to conduct, in the maritime environment, a program for the mobile biometric identification (fingerprint and digital photography images and facial and iris scan technology) of suspected individuals, including terrorists, to enhance border security and for other purposes. Requires a report regarding the cost of expanding the Coast Guard’s biometric identification capabilities for use by the Coast Guard’s Deployable Operations Group, cutters, stations, and other deployable maritime teams and any other appropriate Department of Homeland Security maritime vessels and units. Requires a study on the use by the Coast Guard of the combination of facial and iris recognition to rapidly identify individuals for security purposes.
Section 1116 – CDC Security
Requires the Coast Guard, consistent with other provisions of law, to enforce any security zone established by the Coast Guard around a vessel containing such cargo. Prohibits any security arrangement approved after enactment of this Act to assist in the enforcement of any such vessel security zone, or around a waterfront facility handling such cargo, from being based on the provision of security by a state or local government unless the Secretary of the department in which the Coast Guard is operating ensures that the waterborne patrols operated as part of that security arrangement have the training, resources, personnel, and experience necessary to deter and respond to a transportation security incident. Requires a related report.
Section 1125 – Maritime Security Administration
Directs the Secretary to designate in each sector the positions of program oversight, counterterrorism functions, counterintelligence functions, maritime security criminal investigations, and port security enforcement. Authorizes the Secretary to establish appropriate maritime security career paths for civilian and military Coast Guard personnel. Authorizes the Commandant to assign, in each Coast Guard sector, a Chief of Maritime Security.
Section 1204 – Prosecution & Punishment of Alien Smugglers
Amends the Immigration and Nationality Act criminal penalties for individuals convicted of smuggling unlawful aliens into the United States
Section 1205 – MLE
Amends federal criminal law to specify the following maritime penalties (in addition to the fine/five-year incarceration under current law): (1) fine and/or up to 10 years incarceration for offenses committed in the course of smuggling, trafficking, shipping, stolen property, drug, and other offenses; (2) fine and/or up to 15 years incarceration for offenses resulting in serious bodily injury or transportation under inhumane conditions; or (3) fine and/or incarceration for any term of years or life if the offense results in death or involves kidnaping or attempt to kidnap, the conduct required for aggravated sexual abuse or an attempt to commit such abuse, or an attempt to kill. Defines “transportation under inhumane conditions” as the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are being transported.
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