§ 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.
(C)
Procedures and techniques to be employed in deterring a national transportation security incident.
(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—
(3)
The Secretary shall, as the Secretary considers advisable, revise or otherwise amend the National Maritime Transportation Security Plan.
(b)
Area Maritime Transportation Security Plans.—
(1)
The Federal Maritime Security Coordinator designated under subsection (a)(2)(G) for an area shall—
(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;
(4)
In security zones designated by the Secretary in each Area Maritime Transportation Security Plan, the Secretary shall consider—
(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)—
(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;
(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;
(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—
(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.—
(1)
In general.—
Information developed under this section or sections
70102,
70104, and
70108 is not required to be disclosed to the public, including—