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'Sec. 70103. Catastrophic emergency planning
'(a) NATIONAL MARITIME TRANSPORTATION ANTITERRORISM PLAN- (1) The Secretary shall prepare a National Maritime Transportation Antiterrorism Plan for deterring a catastrophic emergency.
'(2) The National Maritime Transportation Antiterrorism Plan shall provide for efficient, coordinated, and effective action to deter and minimize damage from catastrophic emergencies, and shall include the following:
'(A) Assignment of duties and responsibilities among Federal departments and agencies in coordination with State and local governmental agencies.
'(B) Identification of security resources.
'(C) Establishment of procedures for the coordination of activities of--
'(i) Coast Guard maritime antiterrorism teams established under this chapter; and
'(ii) Federal Maritime Antiterrorism Coordinators.
'(D) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of catastrophic emergencies and imminent threats of catastrophic emergencies to the appropriate State and Federal agencies.
'(E) Establishment of criteria and procedures to ensure immediate and effective Federal identification
of a catastrophic emergency, or the substantial threat of a catastrophic emergency.
'(F) Designation of--
'(i) areas for which Area Maritime Transportation Antiterrorism Plans are required to be prepared under subsection (b); and
'(ii) a Coast Guard official who shall be the Federal Maritime Antiterrorism Coordinator for each such area.
'(3) The Secretary may, from time to time, as the Secretary considers advisable, revise or otherwise amend the National Maritime Transportation Antiterrorism Plan.
'(4) Actions to deter and minimize damage from catastrophic emergencies shall, to the greatest extent possible, be in accordance with the National Maritime Transportation Antiterrorism Plan.
'(b) AREA MARITIME TRANSPORTATION ANTITERRORISM PLANS- (1) The Federal Maritime Antiterrorism Coordinator designated under subsection (a)(2)(F)for an area shall--
'(A) submit to the Secretary an Area Maritime Transportation Antiterrorism Plan for the area; and
'(B) solicit advice from local harbor safety advisory committees to assure preplanning of joint terrorism deterrence efforts, including appropriate procedures for deterrence of acts of terrorism.
'(2) The Area Maritime Transportation Antiterrorism Plan shall--
'(A) when implemented in conjunction with the National Maritime Transportation Antiterrorism Plan, be adequate to deter a terrorist act in or near the area to the maximum extent practicable;
'(B) describe the area covered by the plan, including the areas of population or special economic, environmental or national security importance that might be damaged by a terrorist act;
'(C) describe in detail how the plan is integrated with other Area Maritime Transportation Antiterrorism Plans, and with facility antiterrorism plans and vessel antiterrorism plans under this section;
'(D) include any other information the Secretary requires; and
'(E) be updated at least every five years by the Federal Maritime Antiterrorism Coordinator.
'(3) The Secretary shall--
'(A) review and approve Area Maritime Transportation Antiterrorism Plans under this subsection; and
'(B) periodically review previously approved Area Maritime Transportation Antiterrorism Plans.
'(c) VESSEL AND FACILITY ANTITERRORISM PLANS- (1) Before January 1,2003, an owner or operator of a vessel or facility described in paragraph (2) shall prepare and submit to the Secretary a antiterrorism plan for the vessel or facility, for deterring a catastrophic emergency to the maximum extent practicable.
'(2) The vessels and facilities referred to in paragraph (1) are vessels and facilities that the Secretary believes may be involved in a catastrophic emergency.
'(3) A antiterrorism plan required under this subsection shall--
'(A) be consistent with the requirements of the National Maritime Transportation Antiterrorism Plan and Area Maritime Transportation Antiterrorism Plans;
'(B) identify the qualified individual having full authority to implement antiterrorism 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) identify, and ensure by contract or other means approved by the Secretary, the availability of antiterrorism measures necessary to deter a catastrophic emergency or a substantial threat of such a catastrophic emergency;
'(D) describe the training, periodic unannounced drills, and antiterrorism actions of persons on the vessel or at the facility, to be carried out under the plan to deter a catastrophic emergency, or a substantial threat of a catastrophic emergency;
'(E) be updated at least every five years; and
'(F) be resubmitted for approval of each significant change.
'(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) review each plan periodically thereafter.
'(5) A vessel or facility for which a plan is required to be submitted under this subsection may not operate after January 1, 2003, 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 antiterrorism 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 certifies that the owner or operator has ensured by contract or other means approved by the Secretary to deter a catastrophic emergency or a substantial threat of a catastrophic emergency.
'(7) The Secretary shall require each 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 until the antiterrorism plan for that vessel or facility operator is approved.
'(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 antiterrorism plans, vessel antiterrorism plans, and port vulnerability assessments; and
'(2) other information related to antiterrorism plans, procedures, or programs for vessels or terminals authorized under this chapter.
'Sec. 70104. Antiterrorism response
'(a) COORDINATION- The Secretary shall cooperate with the Director of the Federal Emergency Management Agency to ensure that Federal, State, and local terrorism response resources are coordinated as part of the Director's terrorism response plan for United States ports and waterways.
'(b) VESSEL RESPONSE PLAN SYSTEM- Before January 1, 2003, the Secretary shall establish a system of antiterrorism response plans for vessels that may be involved in a catastrophic emergency.
'Sec. 70105. Transportation security cards
'(a) PROHIBITION- (1) An individual shall not enter an area of a vessel or facility that is designated as a secure area in an antiterrorism plan for the vessel or facility that is approved by the Secretary under section 70103(c) unless the individual--
'(A) holds a transportation security card issued under this section and is authorized to be in the area in accordance with the plan; or
'(B) is accompanied by another individual who holds a transportation security card issued under this section and is authorized to be in the area in accordance with the plan.
'(2) A person shall not admit an individual into such a secure area unless the entry of the individual into the area is in compliance with paragraph (1).
'(b) ISSUANCE OF CARDS- (1) The Secretary shall issue a transportation security card to an individual specified in paragraph (2), unless the Secretary decides that the individual poses a terrorism security risk warranting denial of the card.
'(2)This subsection applies to--
'(A) an individual allowed unescorted access to a secure area designated in a maritime transportation antiterrorism plan,
'(B) an individual issued a license, certificate of registry, or merchant mariners document under part E of subtitle II of this title;
'(C) a vessel pilot;
'(D) an individual engaged on a towing vessel that pushes, pulls, or hauls alongside a tank vessel; and
'(E) an individual engaged on a vessel that may be involved in a catastrophic emergency.
'(c) DETERMINATION OF TERRORISM SECURITY RISK- (1) An individual may not be denied a transportation security card under subsection (a) unless the Secretary determines that individual--
'(A) has been convicted of a felony that the Secretary believes could be a terrorism security risk to the United States;
'(B) may be denied admission to the United States or removed from the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or
'(C) otherwise poses a terrorism security risk to the United States.
'(2) In making a determination under paragraph (1), the Secretary shall give consideration to the circumstances of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation remedies, and other factors from which it may be concluded that the individual does not pose a terrorism security risk warranting denial of the card.
'(3) The Secretary shall establish an appeals process under this section for individuals found to be ineligible for a transportation security card that includes notice and an opportunity for a hearing.
'(4) Upon application, the Secretary may issue a transportation security card to an individual if the Secretary has previously determined, under section 5103a of title 49, that the individual does not pose a security risk.
'(d) BACKGROUND RECORDS CHECK- (1) On request of the Secretary, the Attorney General shall--
'(A) conduct a background records check regarding the individual; and
'(B) upon completing the background records check, notify the Secretary of the completion and results of the background records check.
'(2) A background records check regarding an individual under this subsection shall consist of the following:
'(A) A check of the relevant criminal history databases.
'(B) In the case of an alien, a check of the relevant databases to determine the status of the alien under the immigration laws of the United States.
'(C) As appropriate, a check of the relevant international databases or other appropriate means.
'(D) Review of any other national security-related information or database identified by the Attorney General for purposes of such a background records check.
'(e) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMATION- (1) Information obtained by the Attorney General or the Secretary of Transportation under this section may not be made available to the public under section 552 of title 5.
'(2) Any information constituting grounds for denial of a transportation security card under subsection (c)(1) shall be maintained confidentially by the Secretary and may be used only for making determinations under this section.
'(f) DEFINITION- In this section, the term 'alien' has the meaning given the term in section 101(a) (3) of the Immigration and Nationality Act (8 U.S.C. 1101(a) (3)).
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