Title 6 — Domestic Security
Part A · Chapter 3 — Security and Accountability for Every Port
§ 912. Port Security Exercise Program
Statutory text
In general
The Secretary, acting through the Under Secretary for Preparedness and in coordination with the Commandant of the Coast Guard, shall establish a Port Security Exercise Program (referred to in this section as the “Exercise Program”) for the purpose of testing and evaluating the capabilities of Federal, State, local, and foreign governments, commercial seaport personnel and management, governmental and nongovernmental emergency response providers, the private sector, or any other organization or entity, as the Secretary determines to be appropriate, to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism, natural disasters, and other emergencies at facilities required to submit a plan under section 70103(c) of title 46.
Requirements
The Secretary shall ensure that the Exercise Program—
conducts, on a periodic basis, port security exercises at such facilities that are—
scaled and tailored to the needs of each facility;
live, in the case of the most at-risk facilities;
as realistic as practicable and based on current risk assessments, including credible threats, vulnerabilities, and consequences;
consistent with the National Incident Management System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, the National Maritime Transportation Security Plan, and other such national initiatives;
evaluated against clear and consistent performance measures;
assessed to learn best practices, which shall be shared with appropriate Federal, State, and local officials, commercial seaport personnel and management, governmental and nongovernmental emergency response providers, and the private sector; and
followed by remedial action in response to lessons learned; and
assists State and local governments and facilities in designing, implementing, and evaluating exercises that—
conform to the requirements of paragraph (1); and
are consistent with any applicable Area Maritime Transportation Security Plan and State or Urban Area Homeland Security Plan.
Improvement plan
The Secretary shall establish a port security exercise improvement plan process to—
identify and analyze each port security exercise for lessons learned and best practices;
disseminate lessons learned and best practices to participants in the Exercise Program;
monitor the implementation of lessons learned and best practices by participants in the Exercise Program; and
conduct remedial action tracking and long-term trend analysis.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Security and Accountability For Every Port Act of 2006
Pub. L. 109–347 title I § 114 · 120 Stat. 1884
Enacted · 6 U.S.C. § 912
(Pub. L. 109–347, title I, § 114, Oct. 13, 2006, 120 Stat. 1896.)
Source evidence
Code source credit
(Pub. L. 109–347, title I, § 114, Oct. 13, 2006, 120 Stat. 1896.)Enacted provision · exact public law section
SEC. 114. PORT SECURITY EXERCISE PROGRAM. (a) In General.— The Secretary, acting through the Under Secretary for Preparedness and in coordination with the Commandant of the Coast Guard, shall establish a Port Security Exercise Program (referred to in this section as the “Exercise Program”) for the purpose of testing and evaluating the capabilities of Federal, State, local, and foreign governments, commercial seaport personnel and management, governmental and nongovernmental emergency response providers, the private sector, or any other organization or entity, as the Secretary determines to be appropriate, to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism, natural disasters, and other emergencies at facilities required to submit a plan under section 70103(c) of title 46, United States Code. (b) Requirements.— The Secretary shall ensure that the Exercise Program— (1) conducts, on a periodic basis, port security exercises at such facilities that are— (A) scaled and tailored to the needs of each facility; (B) live, in the case of the most at-risk facilities; (C) as realistic as practicable and based on current risk assessments, including credible threats, vulnerabilities, and consequences; (D) consistent with the National Incident Management System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, the National Maritime Transportation Security Plan, and other such national initiatives; (E) evaluated against clear and consistent performance measures; (F) assessed to learn best practices, which shall be shared with appropriate Federal, State, and local officials, commercial seaport personnel and management, governmental and nongovernmental emergency response providers, and the private sector; and (G) followed by remedial action in response to lessons learned; and (2) assists State and local governments and facilities in designing, implementing, and evaluating exercises that— (A) conform to the requirements of paragraph (1); and (B) are consistent with any applicable Area Maritime Transportation Security Plan and State or Urban Area Homeland Security Plan. (c) Improvement Plan.— The Secretary shall establish a port security exercise improvement plan process to— (1) identify and analyze each port security exercise for lessons learned and best practices; (2) disseminate lessons learned and best practices to participants in the Exercise Program; (3) monitor the implementation of lessons learned and best practices by participants in the Exercise Program; and (4) conduct remedial action tracking and long-term trend analysis.
1 of 1 references resolved to an enrolled provision