'(1) DEVELOPMENT OF STANDARDS- The Secretary, in consultation with appropriate public and private sector officials and organizations, shall develop standards and procedures for conducting initial security evaluations and port vulnerability assessments.

　

'(2) INITIAL SECURITY EVALUATIONS- The Secretary shall conduct an initial security evaluation of all port authorities, waterfront facilities, and public or commercial structures located within or adjacent to the marine environment. The Secretary shall consult the local port security committee while developing the initial security evaluation, and may require each port authority, waterfront facility operator, or operator of a public or commercial structure located within or adjacent to the marine environment to submit security information for review by the local port security committee.

　

'(3) PORT VULNERABILITY ASSESSMENTS- The Secretary shall review initial security evaluations and conduct a port vulnerability assessment for each port for which the Secretary determines such an assessment is appropriate. If a port vulnerability assessment has been conducted within 5 years by or on behalf of a port authority or marine terminal operator, and the Secretary determines that it was conducted in a manner that is generally consistent with the standards and procedures specified under this subsection, the Secretary may accept that assessment rather than conducting another port vulnerability assessment for that port.

　

'(4) REVIEW AND COMMENT OPPORTUNITY- The Secretary shall make each initial security evaluation and port vulnerability assessment for a port available for review and comment by the local port security committee, officials of the port authority, marine terminal operator representatives, and representatives of other entities connected to or affiliated with maritime commerce or port security as the Secretary determines to be appropriate, based on the recommendations of the local port security committee.

　

'(5) UNAUTHORIZED DISCLOSURE- The Secretary shall ensure that all initial security evaluations, port vulnerability assessments, and any associated materials are properly safeguarded from unauthorized disclosure.

　

'(6) MATERIAL AND MISSION SUPPORT- In carrying out responsibilities under this Act, the Secretary may accept contributions of funds, material, services, and the use of personnel and facilities from public and private entities by contract or other arrangement if the confidentiality of security-sensitive information is maintained and access to such information is limited appropriately. The Secretary shall deposit any funds accepted under this section as miscellaneous receipts in the general fund of the Treasury.

'(1) ESTABLISHMENT- The Secretary shall establish local port security committees.

　

'(2) FUNCTIONS- A local port security committees established under this subsection shall--

　

'(A) help coordinate planning and other port security activities;

　

'(B) help make use of, and disseminate the information made available under this section;

　

'(C) make recommendations concerning initial security evaluations and port vulnerability assessments by identifying the unique characteristics of each port;

　

'(D) assist in the review of port vulnerability assessments promulgated under this section;

　

'(E) assist in implementing the guidance promulgated under this section;

　

'(F) annually review maritime security plans for each local port authority, waterfront facility operator, or operator of a public or commercial structure located within or adjacent to the marine environment; and

　

'(G) assist the Captain-of-the-Port in conducting a field security exercise at least once every 3 years to verify the effectiveness of one or more maritime security plans for a local port authority, waterfront facility operator, or operator of a public or commercial structure located within or adjacent to the marine environment.

　

'(3) USE OF EXISTING COMMITTEES- In establishing these local port security committees, the Secretary may use or augment any existing port or harbor safety committee or port readiness committee, if the membership of the port security committee includes representatives of--

　

'(A) the port authority or authorities;

　

'(B) Federal, State and local government;

　

'(C) Federal, State, and local law enforcement agencies;

　

'(D) longshore labor organizations or transportation workers;

　

'(E) local port-related business officials or management organizations;

　

'(F) shipping companies, vessel owners, terminal owners and operators, truck, rail and pipeline operators, where such are in operation; and

　

'(G) other persons or organizations whose inclusion is deemed beneficial by the Captain of the Port or the Secretary.

　

'(4) CHAIR- Each local port security committee shall be chaired by the Captain-of-the-Port.

　

'(5) JURISDICTION- Each port may have a separate port security committee or, at the discretion of the Captain-of-the-Port, a Captain-of-the-Port zone may have a single port security committee covering all ports within that zone.

　

'(6) QUARTERLY MEETINGS- The port security committee shall meet at least 4 times each year at the call of the Chairperson.

　

'(7) FACA NOT APPLICABLE- The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a port security committee established under this subsection.

　

'(8) MATERIAL AND MISSION SUPPORT- In carrying out responsibilities under this Act, the Secretary may accept contributions of funds, material, services, and the use of personnel and facilities from public and private entities by contract or other arrangement if the confidentiality of security-sensitive information is maintained and access to such information is limited appropriately. The Secretary shall deposit any funds accepted under this section as miscellaneous receipts in the general fund of the United States Treasury.

　

'(1) REGULATIONS TO ESTABLISH REQUIREMENT- The Secretary, after consultation with the Secretary of the Treasury and the Attorney General, shall issue regulations establishing requirements for submission of a maritime facility security plan, as the Secretary determines necessary, by each port authority, waterfront facility operator, or operator of a public or commercial structure located within or adjacent to the marine environment (as defined in section 2101(15) of title 46, United States Code). The Secretary shall ensure that the local port security committee is consulted in the development of a maritime facility security plan under those regulations.

　

'(2) Purpose; specificity; content-

　

'(A) PURPOSE- A maritime facility security plan shall provide a law enforcement program and capability at the port that is adequate to safeguard the public and to improve the response to threats of crime and terrorism.

　

'(B) SPECIFICITY- Notwithstanding other provisions of this Act, the Secretary may impose specific, or different requirements on individual ports, port authorities, marine terminal operators or other entities required to submit a maritime facility security plan under regulations promulgated under this subsection.

　

'(C) CONTENT- A maritime facility security plan shall include--

　

'(i) provisions for establishing and maintaining physical security for port areas and approaches, including establishing, as necessary, controlled access areas and secure perimeters within waterfront facilities and other public or commercial structures located within or adjacent to the marine environment;

　

'(ii) provisions for establishing and maintaining procedural security for processing passengers, cargo, and crewmembers, and security for employees and service providers;

　

'(iii) a credentialing requirement to limit access to waterfront facilities and other public or commercial structures located within or adjacent to the marine environment, designed to ensure that only authorized individuals and service providers gain admittance;

　

'(iv) a credentialing requirement to limit access to controlled areas and security-sensitive information;

　

'(v) provisions for restricting vehicular access, as necessary, to designated port areas or facilities;

　

'(vi) provisions for restricting the introduction of firearms and other dangerous weapons, as necessary, to designated port areas or facilities;

　

'(vii) provisions for the use of appropriately qualified private security officers or qualified State, local, or private law enforcement personnel;

　

'(viii) procedures for evacuation of people from port areas in the event of a terrorist attack or other emergency;

　

'(ix) a process for assessment and evaluation of the safety and security of port areas before port operations are resumed after a terrorist attack or other emergency; and

　

'(x) any other information the Secretary requires.

　

'(3) INCORPORATION OF EXISTING SECURITY PLANS- The Secretary may approve a maritime facility security plan, or an amendment to an existing program or plan, that incorporates--

　

'(A) a security program of a marine terminal operator tenant with access to a secured area of the port, under such conditions as the Secretary deems appropriate; or

　

'(B) a maritime facility security plan of a port authority that incorporates a State or local security program, policy, or law.

　

'(4) Approval process-

　

'(A) IN GENERAL- The Secretary shall review and approve or disapprove each maritime facility security plan submitted under regulations promulgated under this subsection.

　

'(B) RESUBMISSION OF DISAPPROVED PLANS- If the Secretary disapproves a maritime facility security plan--

　

'(i) the Secretary shall notify the plan submitter in writing of the reasons for the disapproval; and

　

'(ii) the submitter shall submit a revised maritime facility security plan within 180 days after receiving the notification of disapproval.

　

'(5) PERIODIC REVIEW AND RESUBMISSION- Whenever appropriate, but no less frequently than once every 5 years, each port authority, marine terminal operator or other entity required to submit a maritime facility security plan under regulations promulgated under this subsection shall review its plan, make necessary or appropriate revisions, and submit the results of its review and revised plan to the Secretary.

　

'(6) INTERIM SECURITY MEASURES- The Secretary shall require each port authority, waterfront facility operator, or operator of a public or commercial structure located within or adjacent to the marine environment, to implement any necessary security measures, including the establishment of a secure perimeter and positive access controls, until the maritime facility security plan for that port authority, waterfront facility operator, or operator of a public or commercial structure located within or adjacent to the marine environment is approved.