46 U.S.C. § 70110 — Actions and assistance for foreign ports

Page 582 TITLE 46—SHIPPING § 70109 (A) to require the Secretary to treat an as- sessment conducted by a foreign government or an international organization as an as- sessment that satisfies the requirement under subsection (a); (B) to limit the discretion or ability of the Secretary to conduct an assessment under this section; (C) to limit the authority of the Secretary to repatriate aliens to their respective coun- tries of origin; or (D) to prevent the Secretary from request- ing security and safety measures that the Secretary considers necessary to safeguard Coast Guard personnel during the repatri- ation of aliens to their respective countries of origin. (4) NOTIFICATION TO CONGRESS.—Not later than 30 days before entering into an agree- ment or arrangement with a foreign govern- ment under paragraph (2), the Secretary shall notify the Committee on Homeland Security and the Committee on Transportation and In- frastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the pro- posed terms of such agreement or arrange- ment. (g) STATE SPONSORS OF TERRORISM AND INTER- NATIONAL TERRORIST ORGANIZATIONS.—The Sec- retary— (1) may not enter into an agreement under subsection (f)(2) with— (A) a foreign government that is a state sponsor of terrorism (as defined in section 3316(h)); or (B) an entity designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and (2) shall— (A) deem any port that is under the juris- diction of a foreign government that is a state sponsor of terrorism as not having ef- fective antiterrorism measures for purposes of this section and section 70109; and (B) immediately apply the sanctions de- scribed in section 70110(a) to such port. (Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2079; amended Pub. L. 109–347, title II, § 234, Oct. 13, 2006, 120 Stat. 1918; Pub. L. 111–281, title VIII, § 806(a)(1), (c)(2)(B), Oct. 15, 2010, 124 Stat. 2992, 2993; Pub. L. 114–120, title III, § 317, Feb. 8, 2016, 130 Stat. 62; Pub. L. 118–31, div. E, title LVI, § 5603, Dec. 22, 2023, 137 Stat. 959.) Editorial Notes AMENDMENTS 2023—Subsec. (f)(1). Pub. L. 118–31, § 5603(1)(A), sub- stituted ‘‘if—’’ and subpars. (A) and (B) for ‘‘provided that the Secretary certifies that the foreign govern- ment or international organization has— ‘‘(A) conducted the assessment in accordance with subsection (b); and ‘‘(B) provided the Secretary with sufficient infor- mation pertaining to its assessment (including, but not limited to, information on the outcome of the as- sessment).’’ Subsec. (f)(3). Pub. L. 118–31, § 5603(1)(B), amended par. (3) generally. Prior to amendment, text read as follows: ‘‘Nothing in this subsection shall be construed to— ‘‘(A) require the Secretary to recognize an assess- ment that a foreign government or an international organization has conducted; or ‘‘(B) limit the discretion or ability of the Secretary to conduct an assessment under this section.’’ Subsec. (g). Pub. L. 118–31, § 5603(2), added subsec. (g). 2016—Subsec. (f). Pub. L. 114–120 added subsec. (f). 2010—Subsec. (c)(2) to (4). Pub. L. 111–281, § 806(c)(2)(B), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: ‘‘the Secretary of the Treasury;’’. Subsec. (e). Pub. L. 111–281, § 806(a)(1), added subsec. (e). 2006—Subsec. (d). Pub. L. 109–347 added subsec. (d). § 70109. Notifying foreign authorities (a) IN GENERAL.—Unless the Secretary finds that a port in a foreign country maintains effec- tive antiterrorism measures, the Secretary shall notify the appropriate authorities of the govern- ment of the foreign country of the finding and recommend the steps necessary to improve the antiterrorism measures in use at the port. (b) TRAINING PROGRAM.—The Secretary, in co- operation with the Secretary of State, shall op- erate a port security training program for ports in foreign countries that are found under section 70108 to lack effective antiterrorism measures. (Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2080; amended Pub. L. 111–281, title VIII, § 806(a)(2), Oct. 15, 2010, 124 Stat. 2992.) Editorial Notes AMENDMENTS 2010—Subsec. (a). Pub. L. 111–281 substituted ‘‘Unless the Secretary finds that a port in a foreign country maintains effective antiterrorism measures,’’ for ‘‘If the Secretary, after conducting an assessment under section 70108, finds that a port in a foreign country does not maintain effective antiterrorism measures,’’. § 70110. Actions and assistance for foreign ports or facilities and United States territories (a) IN GENERAL.—Unless the Secretary finds that a foreign port or facility maintains effec- tive antiterrorism measures, the Secretary— (1) may prescribe conditions of entry into the United States for any vessel arriving from that port or facility, or any vessel carrying cargo or passengers originating from or trans- shipped through that port or facility; (2) may deny entry into the United States to any vessel that does not meet such conditions; and (3) shall provide public notice for passengers of the ineffective antiterrorism measures. (b) EFFECTIVE DATE FOR SANCTIONS.—Any ac- tion taken by the Secretary under subsection (a) for a particular port or facility shall take ef- fect— (1) 90 days after the government of the for- eign country with jurisdiction over or control of that port or facility is notified under sec- tion 70109 unless the Secretary finds that the government has brought the antiterrorism measures at the port or facility up to the secu- rity level the Secretary used in making an as- sessment under section 70108 before the end of that 90-day period; or (2) immediately upon the finding of the Sec- retary under subsection (a) if the Secretary Page 583 TITLE 46—SHIPPING § 70111 finds, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from the port or facility. (c) STATE DEPARTMENT TO BE NOTIFIED.—The Secretary immediately shall notify the Sec- retary of State of a finding that a port or facil- ity does not maintain effective antiterrorism measures. (d) ACTION CANCELED.—An action required under this section is no longer required if the Secretary decides that effective antiterrorism measures are maintained at the port or facility. (e) ASSISTANCE FOR FOREIGN PORTS, FACILI- TIES, AND UNITED STATES TERRITORIES.— (1) IN GENERAL.—The Secretary, in consulta- tion with the Secretary of Transportation, the Secretary of State, and the Secretary of En- ergy, shall identify assistance programs that could facilitate implementation of port or fa- cility security antiterrorism measures in for- eign countries and territories of the United States. The Secretary shall establish a stra- tegic plan to utilize those assistance programs to assist ports and facilities that are found by the Secretary under subsection (a) not to maintain effective antiterrorism measures in the implementation of port or facility security antiterrorism measures. (2) CARIBBEAN BASIN.—The Secretary, in co- ordination with the Secretary of State and in consultation with the Organization of Amer- ican States and the Commandant of the Coast Guard, shall place particular emphasis on uti- lizing programs to facilitate the implementa- tion of port or facility security antiterrorism measures at the ports located in the Caribbean Basin, as such ports pose unique security and safety threats to the United States due to— (A) the strategic location of such ports be- tween South America and the United States; (B) the relative openness of such ports; and (C) the significant number of shipments of narcotics to the United States that are moved through such ports. (f) COAST GUARD ASSISTANCE PROGRAM.— (1) IN GENERAL.—The Secretary may lend, lease, donate, or otherwise provide equipment, and provide technical training and support, to the owner or operator of a foreign port or fa- cility— (A) to assist in bringing the port or facil- ity into compliance with applicable Inter- national Ship and Port Facility Code stand- ards; and (B) to assist the port or facility in cor- recting deficiencies identified in periodic port assessments and reassessments required under section 70108 of this title. (2) CONDITIONS.—The Secretary— (A) may provide such assistance based upon an assessment of the risks to the secu- rity of the United States and the inability of the owner or operator of the port or facility to bring the port or facility into compliance with those standards and to maintain com- pliance with, or exceed, such standards; (B) may not provide such assistance unless the port or facility has been subjected to a comprehensive port security assessment by the Coast Guard; and (C) may only lend, lease, or otherwise pro- vide equipment that the Secretary has first determined is not required by the Coast Guard for the performance of its missions. (Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2080; amended Pub. L. 109–347, title II, § 233(b), Oct. 13, 2006, 120 Stat. 1917; Pub. L. 111–281, title VIII, § 806(a)(3)–(c)(2)(A), Oct. 15, 2010, 124 Stat. 2992, 2993; Pub. L. 111–330, § 1(12), Dec. 22, 2010, 124 Stat. 3570.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–281, § 806(c)(2)(A)(i), as amended by Pub. L. 111–330, inserted ‘‘or facilities’’ after ‘‘ports’’ in section catchline. Pub. L. 111–281, § 806(c)(2)(A)(ii), inserted ‘‘or facility’’ after ‘‘port’’ wherever appearing except in subsec. (f), which was added by Pub. L. 111–281, § 806(b), to reflect the probable intent of Congress. Subsec. (a). Pub. L. 111–281, § 806(a)(3), substituted ‘‘Unless the Secretary finds that a foreign port main- tains effective antiterrorism measures,’’ for ‘‘If the Secretary finds that a foreign port does not maintain effective antiterrorism measures,’’. Subsec. (e). Pub. L. 111–281, § 806(c)(2)(A)(iii), sub- stituted ‘‘Ports, Facilities,’’ for ‘‘Ports’’ in heading. Subsec. (e)(1). Pub. L. 111–281, § 806(c)(1), substituted ‘‘The Secretary shall establish a strategic plan to uti- lize those assistance programs to assist ports and fa- cilities that are found by the Secretary under sub- section (a) not to maintain effective antiterrorism measures in the implementation of port security antiterrorism measures.’’ for ‘‘The Secretary shall es- tablish a program to utilize the programs that are ca- pable of implementing port security antiterrorism measures at ports in foreign countries and territories of the United States that the Secretary finds to lack ef- fective antiterrorism measures.’’ Subsec. (f). Pub. L. 111–281, § 806(b), added subsec. (f). 2006—Pub. L. 109–347, § 233(b)(1), substituted ‘‘Actions and assistance for foreign ports and United States ter- ritories’’ for ‘‘Actions when foreign ports not maintain- ing effective antiterrorism measures’’ in section catch- line. Subsec. (e). Pub. L. 109–347, § 233(b)(2), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, pro- vided that the amendment made by section 1(12) is ef- fective with the enactment of Pub. L. 111–281. § 70111. Enhanced crewmember identification (a) REQUIREMENT.—Not later than 1 year after the date of enactment of the SAFE Port Act, the Secretary, in consultation with the Attorney General and the Secretary of State, shall re- quire crewmembers on vessels calling at United States ports to carry and present on demand any identification that the Secretary decides is nec- essary. (b) FORMS AND PROCESS.—Not later than 1 year after the date of enactment of the SAFE Port Act, the Secretary, in consultation with the At- torney General and the Secretary of State, shall establish the proper forms and process that shall be used for identification and verification of crewmembers. (Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2080; amended Pub. L. 109–347, title I, § 110, Oct. 13, 2006, 120 Stat. 1893.)