46 USC 70103: Security Plans and other Information related to plans

            
 
          Sec. 70103. Maritime transportation security plans

    (a) National Maritime Transportation Security Plan.--(1) Not later 
than April 1, 2005, the Secretary shall prepare a National Maritime 
Transportation Security Plan for deterring and responding to a 
transportation security incident.
    (2) The National Maritime Transportation Security Plan shall provide 
for efficient, coordinated, and effective action to deter and minimize 
damage from a transportation security incident, and shall include the 
following:
        (A) Assignment of duties and responsibilities among Federal 
    departments and agencies and coordination with State and local 
    governmental agencies.
        (B) Identification of security resources.
        (C) Procedures and techniques to be employed in deterring a 
    national transportation security incident.
        (D) Establishment of procedures for the coordination of 
    activities of--
            (i) Coast Guard maritime security teams established under 
        this chapter; and
            (ii) Federal Maritime Security Coordinators required under 
        this chapter.

        (E) A system of surveillance and notice designed to safeguard 
    against as well as ensure earliest possible notice of a 
    transportation security incident and imminent threats of such a 
    security incident to the appropriate State and Federal agencies.
        (F) Establishment of criteria and procedures to ensure immediate 
    and effective Federal identification of a transportation security 
    incident, or the substantial threat of such a security incident.
        (G) Designation of--
            (i) areas for which Area Maritime Transportation Security 
        Plans are required to be prepared under subsection (b); and
            (ii) a Coast Guard official who shall be the Federal 
        Maritime Security Coordinator for each such area.

        (H) A risk-based system for evaluating the potential for 
    violations of security zones designated by the Secretary on the 
    waters subject to the jurisdiction of the United States.
        (I) A recognition of certified systems of intermodal 
    transportation.
        (J) A plan for ensuring that the flow of cargo through United 
    States ports is reestablished as efficiently and quickly as possible 
    after a transportation security incident.
    (3) The Secretary shall, as the Secretary considers advisable, 
revise or otherwise amend the National Maritime Transportation Security 
Plan.
    (4) Actions by Federal agencies to deter and minimize damage from a 
transportation security incident shall, to the greatest extent possible, 
be in accordance with the National Maritime Transportation Security 
Plan.
    (5) The Secretary shall inform vessel and facility owners or 
operators of the provisions in the National Transportation Security Plan 
that the Secretary considers necessary for security purposes.
    (b) Area Maritime Transportation Security Plans.--(1) The Federal 
Maritime Security Coordinator designated under subsection (a)(2)(G) for 
an area shall--
        (A) submit to the Secretary an Area Maritime Transportation 
    Security Plan for the area; and
        (B) solicit advice from the Area Security Advisory Committee 
    required under this chapter, for the area to assure preplanning of 
    joint deterrence efforts, including appropriate procedures for 
    deterrence of a transportation security incident.

    (2) The Area Maritime Transportation Security Plan for an area 
shall--
        (A) when implemented in conjunction with the National Maritime 
    Transportation Security Plan, be adequate to deter a transportation 
    security incident in or near the area to the maximum extent 
    practicable;
        (B) describe the area and infrastructure covered by the plan, 
    including the areas of population or special economic, 
    environmental, or national security importance that might be damaged 
    by a transportation security incident;
        (C) describe in detail how the plan is integrated with other 
    Area Maritime Transportation Security Plans, and with facility 
    security plans and vessel security plans under this section;
        (D) include consultation and coordination with the Department of 
    Defense on matters relating to Department of Defense facilities and 
    vessels;
        (E) include any other information the Secretary requires;
        (F) include a salvage response plan--
            (i) to identify salvage equipment capable of restoring 
        operational trade capacity; and
            (ii) to ensure that the waterways are cleared and the flow 
        of commerce through United States ports is reestablished as 
        efficiently and quickly as possible after a maritime 
        transportation security incident; and

        (G) be updated at least every 5 years by the Federal Maritime 
    Security Coordinator.

    (3) The Secretary shall--
        (A) review and approve Area Maritime Transportation Security 
    Plans under this subsection; and
        (B) periodically review previously approved Area Maritime 
    Transportation Security Plans.

    (4) In security zones designated by the Secretary in each Area 
Maritime Transportation Security Plan, the Secretary shall consider--
        (A) the use of public/private partnerships to enforce security 
    within the security zones, shoreside protection alternatives, and 
    the environmental, public safety, and relative effectiveness of such 
    alternatives; and
        (B) technological means of enhancing the security zones of port, 
    territorial waters, and waterways of the United States.

    (c) Vessel and Facility Security Plans.--(1) Within 6 months after 
the prescription of interim final regulations on vessel and facility 
security plans, an owner or operator of a vessel or facility described 
in paragraph (2) shall prepare and submit to the Secretary a security 
plan for the vessel or facility, for deterring a transportation security 
incident to the maximum extent practicable.
    (2) The vessels and facilities referred to in paragraph (1)--
        (A) except as provided in subparagraph (B), are vessels and 
    facilities that the Secretary believes may be involved in a 
    transportation security incident; and
        (B) do not include any vessel or facility owned or operated by 
    the Department of Defense.

    (3) A security plan required under this subsection shall--
        (A) be consistent with the requirements of the National Maritime 
    Transportation Security Plan and Area Maritime Transportation 
    Security Plans;
        (B) identify the qualified individual having full authority to 
    implement security actions, and require immediate communications 
    between that individual and the appropriate Federal official and the 
    persons providing personnel and equipment pursuant to subparagraph 
    (C);
        (C) include provisions for--
            (i) establishing and maintaining physical security, 
        passenger and cargo security, and personnel security;
            (ii) establishing and controlling access to secure areas of 
        the vessel or facility, including access by persons engaged in 
        the surface transportation of intermodal containers in or out of 
        a port facility;
            (iii) procedural security policies;
            (iv) communications systems; and
            (v) other security systems;

        (D) identify, and ensure by contract or other means approved by 
    the Secretary, the availability of security measures necessary to 
    deter to the maximum extent practicable a transportation security 
    incident or a substantial threat of such a security incident;
        (E) describe the training, periodic unannounced drills, and 
    security actions of persons on the vessel or at the facility, to be 
    carried out under the plan to deter to the maximum extent 
    practicable a transportation security incident, or a substantial 
    threat of such a security incident;
        (F) provide a strategy and timeline for conducting training and 
    periodic unannounced drills;
        (G) be updated at least every 5 years;
        (H) be resubmitted for approval of each change to the vessel or 
    facility that may sub
    stantially affect the security of the vessel or facility; and
        (I) in the case of a security plan for a facility, be 
    resubmitted for approval of each change in the ownership or operator 
    of the facility that may substantially affect the security of the 
    facility.

    (4) The Secretary shall--
        (A) promptly review each such plan;
        (B) require amendments to any plan that does not meet the 
    requirements of this subsection;
        (C) approve any plan that meets the requirements of this 
    subsection; and
        (D) subject to the availability of appropriations, verify the 
    effectiveness of each such facility security plan periodically, but 
    not less than 2 times per year, at least 1 of which shall be an 
    inspection of the facility that is conducted without notice to the 
    facility.

    (5) A vessel or facility for which a plan is required to be 
submitted under this subsection may not operate after the end of the 12-
month period beginning on the date of the prescription of interim final 
regulations on vessel and facility security plans, unless--
        (A) the plan has been approved by the Secretary; and
        (B) the vessel or facility is operating in compliance with the 
    plan.

    (6) Notwithstanding paragraph (5), the Secretary may authorize a 
vessel or facility to operate without a security plan approved under 
this subsection, until not later than 1 year after the date of the 
submission to the Secretary of a plan for the vessel or facility, if the 
owner or operator of the vessel or facility certifies that the owner or 
operator has ensured by contract or other means approved by the 
Secretary to deter to the maximum extent practicable a transportation 
security incident or a substantial threat of such a security incident.
    (7) The Secretary shall require each owner or operator of a vessel 
or facility located within or adjacent to waters subject to the 
jurisdiction of the United States to implement any necessary interim 
security measures, including cargo security programs, to deter to the 
maximum extent practicable a transportation security incident until the 
security plan for that vessel or facility operator is approved.
    (8)(A) The Secretary shall require that the qualified individual 
having full authority to implement security actions for a facility 
described in paragraph (2) shall be a citizen of the United States.
    (B) The Secretary may waive the requirement of subparagraph (A) with 
respect to an individual if the Secretary determines that it is 
appropriate to do so based on a complete background check of the 
individual and a review of all terrorist watch lists to ensure that the 
individual is not identified on any such terrorist watch list.
    (d) Nondisclosure of Information.--Notwithstanding any other 
provision of law, information developed under this chapter is not 
required to be disclosed to the public, including--
        (1) facility security plans, vessel security plans, and port 
    vulnerability assessments; and
        (2) other information related to security plans, procedures, or 
    programs for vessels or facilities authorized under this chapter.

(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116 Stat. 
2069; amended Pub. L. 108-458, title IV, Sec. 4072(a), Dec. 17, 2004, 
118 Stat. 3730; Pub. L. 109-347, title I, Secs. 101-103, 113(c), 
Oct. 13, 2006, 120 Stat. 1887, 1888, 1896.)
                               Amendments

    2006--Subsec. (b)(2)(F), (G). Pub. L. 109-347, Sec. 101, added 
subpar. (F) and redesignated former subpar. (F) as (G).
    Subsec. (c)(3)(C)(ii). Pub. L. 109-347, Sec. 102(1)(A), substituted 
``facility, including access by persons engaged in the surface 
transportation of intermodal containers in or out of a port facility'' 
for ``facility''.
    Subsec. (c)(3)(F), (G). Pub. L. 109-347, Sec. 113(c), added subpar. 
(F) and redesignated former subpar. (F) as (G). Former subpar. (G) 
redesignated (H).
    Subsec. (c)(3)(H). Pub. L. 109-347, Sec. 113(c)(1), redesignated 
subpar. (G) as (H). Former subpar. (H) redesignated (I).
    Pub. L. 109-347, Sec. 102(1)(B)-(D), added subpar. (H).
    Subsec. (c)(3)(I). Pub. L. 109-347, Sec. 113(c)(1), redesignated 
subpar. (H) as (I).
    Subsec. (c)(4)(D). Pub. L. 109-347, Sec. 103, amended subpar. (D) 
generally. Prior to amendment, subpar. (D) read as follows: ``review 
each plan periodically thereafter.''
    Subsec. (c)(8). Pub. L. 109-347, Sec. 102(2), added par. (8).
    2004--Subsec. (a)(1). Pub. L. 108-458 substituted ``Not later than 
April 1, 2005, the Secretary'' for ``The Secretary''.

                          Transfer of Functions

    For transfer of authorities, functions, personnel, and assets of the 
Coast Guard, including the authorities and functions of the Secretary of 
Transportation relating thereto, to the Department of Homeland Security, 
and for treatment of related references, see sections 468(b), 551(d), 
552(d), and 557 of Title 6, Domestic Security, and the Department of 
Homeland Security Reorganization Plan of November 25, 2002, as modified, 
set out as a note under section 542 of Title 6.
                          Risk Assessment Tool

    Pub. L. 109-347, title I, Sec. 111, Oct. 13, 2006, 120 Stat. 1894, 
provided that: ``In updating Area Maritime Security Plans required under 
section 70103(b)(2)(F) [now section 70103(b)(2)(G)] of title 46, United 
States Code, and in applying for grants under section 70107 of such 
title, the Secretary of the Department in which the Coast Guard is 
operating shall make available, and Area Maritime Security Committees 
may use a risk assessment tool that uses standardized risk criteria, 
such as the Maritime Security Risk Assessment Tool used by the Coast 
Guard.''
                Revision of Port Security Planning Guide

    Pub. L. 107-295, title I, Sec. 113, Nov. 25, 2002, 116 Stat. 2093, 
provided that: ``The Secretary of Transportation, acting through the 
Maritime Administration and after consultation with the National 
Maritime Security Advisory Committee and the Coast Guard, shall publish 
a revised version of the document entitled `Port Security: A National 
Planning Guide', incorporating the requirements prescribed under chapter 
701 of title 46, United States Code, as amended by this Act, within 3 
years after the date of enactment of this Act [Nov. 25, 2002], and make 
that revised document available on the Internet.''