Page:United States Statutes at Large Volume 116 Part 3.djvu/480

 116 STAT. 2072 PUBLIC LAW 107-295—NOV. 25, 2002 "(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 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. " (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. "§ 70104. Transportation security incident response " (a) FACILITY AND VESSEL RESPONSE PLANS. —The Secretary shall— "(1) establish security incident response plans for vessels and facilities that may be involved in a transportation security incident; and "(2) make those plans available to the Director of the Federal Emergency Management Agency for inclusion in the Director's response plan for United States ports and waterways. "(b) CONTENTS.— Response plans developed under subsection (a) shall provide a comprehensive response to an emergency, including notifying and coordinating with local. State, and Federal authorities, including the Director of the Federal Emergency Management Agency, securing the facility or vessel, and evacuating facility and vessel personnel. "(c) INCLUSION IN SECURITY PLAN.—^A response plan required under this subsection for a vessel or facility may be included in the security plan prepared under section 70103(c).

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