46 U.S.C. § 70306 — Report on terrorist threats

Page 594 TITLE 46—SHIPPING § 70304 Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (c), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 8 of part II of the Act is classified generally to part VIII (§ 2349aa et seq.) of subchapter II of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables. § 70304. Travel advisories on security at foreign ports (a) GENERAL REQUIREMENTS.—On being noti- fied by the Secretary that the Secretary has de- termined that a condition exists that threatens the safety or security of passengers, passenger vessels, or crew traveling to or from a foreign port that the Secretary has determined under section 70303(b) of this title does not maintain and administer effective security measures, the Secretary of State immediately shall issue a travel advisory for that port. The Secretary of State shall take the necessary steps to widely publicize the travel advisory. (b) LIFTING ADVISORIES.—A travel advisory issued under subsection (a) may be lifted only if the Secretary, in consultation with the Sec- retary of State, has determined that effective security measures are maintained and adminis- tered at the port. (c) NOTICE TO CONGRESS.—The Secretary of State shall notify Congress immediately of any change in the status of a travel advisory issued under this section. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1684.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70304 .......... 46 App.:1804. Pub. L. 99–399, title IX, § 908, Aug. 27, 1986, 100 Stat. 891; Pub. L. 105–277, div. G, title XXII, § 2224(b), Oct. 21, 1998, 112 Stat. 2681–819. In subsection (b), the words ‘‘with respect to which the Secretary of Transportation had made the deter- mination described in section 1803(d) of this Appendix’’ are omitted as unnecessary. § 70305. Suspension of passenger services (a) GENERAL AUTHORITY.—Whenever the Presi- dent determines that a foreign nation permits the use of territory under its jurisdiction as a base of operations or training for, or as a sanc- tuary for, or in any way arms, aids, or abets, a terrorist or terrorist group that knowingly uses the illegal seizure of passenger vessels or the threat thereof as an instrument of policy, the President may suspend the right of any pas- senger vessel common carrier to operate to or from, and the right of any passenger vessel of the United States to use, a port in that foreign nation for passenger service. The suspension may be without notice or hearing and for as long as the President determines is necessary to en- sure the security of passenger vessels against unlawful seizure. (b) PROHIBITION.—A passenger vessel common carrier, or a passenger vessel of the United States, may not operate in violation of a suspen- sion under this section. (c) PENALTIES.— (1) DENIAL OF ENTRY.—If a person operates a vessel in violation of this section, the Sec- retary may deny the vessels of that person entry to ports of the United States. (2) CIVIL PENALTY.—A person violating this section is liable to the United States Govern- ment for a civil penalty of not more than $50,000. Each day a vessel uses a prohibited port is a separate violation. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1684.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70305 .......... 46 App.:1805. Pub. L. 99–399, title IX, § 909, Aug. 27, 1986, 100 Stat. 892. § 70306. Report on terrorist threats (a) CONTENT.—The Secretary shall submit an annual report to Congress on the threat from acts of terrorism to United States ports and ves- sels operating from those ports. The Secretary shall include a description of activities under- taken under title I of the Maritime Transpor- tation Security Act of 2002 (Public Law 107–295, 116 Stat. 2066) and an analysis of the effect of those activities on port security against acts of terrorism. (b) SUBMISSION.—The report shall be submitted to the Committee on International Relations and the Committee on Transportation and Infra- structure of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Trans- portation of the Senate. Any classified informa- tion in the report shall be submitted separately as an addendum. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1685; Pub. L. 109–241, title IX, § 901(q), July 11, 2006, 120 Stat. 566; Pub. L. 110–181, div. C, title XXXV, § 3525(a)(5), (b), Jan. 28, 2008, 122 Stat. 601.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70306(a) ...... 46 App.:1802. Pub. L. 99–399, title IX, §§ 905, 913, Aug. 27, 1986, 100 Stat. 890, 892; Pub. L. 107–295, title I, § 110(a), title IV, § 408(c)(3), Nov. 25, 2002, 116 Stat. 2091, 2117. 70306(b) ...... 46 App.:1809. In subsection (a), the words ‘‘February 28 of each year’’ are substituted for ‘‘February 28, 1987, and annu- ally thereafter’’ in 46 App. U.S.C. 1802 to eliminate ob- solete language. The words ‘‘Beginning with the first report submitted under this section after the date of enactment of the Maritime Transportation Security Act of 2002’’ are omitted as obsolete. In subsection (b), the words ‘‘To the extent prac- ticable, the reports required under sections 903, 905, and 907 [46 App. U.S.C. 1801 note, 1802, 1803] shall be consoli- dated into a single document before being submitted to the Congress’’ in 46 App. U.S.C. 1809(a) are omitted as unnecessary and obsolete because sections 903 and 907 are being omitted from the revised title and repealed as obsolete. The words ‘‘Committee on International Rela- Page 595 TITLE 46—SHIPPING § 70502 tions’’ are substituted for ‘‘Committee on Foreign Af- fairs’’ to reflect changes in committee structure made by the 104th Congress. Editorial Notes REFERENCES IN TEXT The Maritime Transportation Security Act of 2002, referred to in subsec. (a), is Pub. L. 107–295, Nov. 25, 2002, 116 Stat. 2064. Title I of the Act enacted subtitle VI (now subtitle VII) of this title, amended section 1802 of the former Appendix to this title, sections 661 (now 4903) and 724 (now 3735) of Title 14, Coast Guard, section 1431a of Title 19, Customs Duties, sections 1226, 1501 to 1504, 1507, and 1520 of Title 33, Navigation and Navigable Waters, and former section 192 and section 195 of Title 50, War and National Defense, enacted provisions set out as notes under sections 70101, 70103, 70104, 70111, 70114, and former section 70116 of this title and former section 1226 and section 1504 of Title 33, amended provi- sions set out as a note under section 2071 of Title 19, and repealed provisions set out as a note under section 2071 of Title 19. For complete classification of title I to the Code, see Tables. AMENDMENTS 2008—Pub. L. 110–181, § 3525(b), repealed Pub. L. 109–241, § 901(q). See 2006 Amendment note below. Subsec. (a). Pub. L. 110–181, § 3525(a)(5), incorporated the substance of the amendment by Pub. L. 109–241, § 901(q), into this section by substituting ‘‘The Sec- retary shall submit an annual report’’ for ‘‘Not later than February 28 of each year, the Secretary shall sub- mit a report’’. See 2006 Amendment note below and sec- tion 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title. 2006—Pub. L. 109–241, § 901(q), which directed the amendment of section 1802 of the former Appendix to this title from which subsec. (a) of this section was de- rived, was repealed by Pub. L. 110–181, § 3525(b). See 2008 Amendment note for subsec. (a) and Historical and Re- vision notes above. CHAPTER 705—MARITIME DRUG LAW ENFORCEMENT Sec. 70501. Findings and declarations. 70502. Definitions. 70503. Prohibited acts. 70504. Jurisdiction and venue. 70505. Failure to comply with international law as a defense. 70506. Penalties. 70507. Forfeitures. 70508. Operation of submersible vessel or semi-sub- mersible vessel without nationality. Editorial Notes AMENDMENTS 2016—Pub. L. 114–120, title III, §§ 306(a)(12), 314(e)(2), Feb. 8, 2016, 130 Stat. 55, 59, inserted period at end of item 70508, added item 70503, and struck out former item 70503 ‘‘Manufacture, distribution, or possession of controlled substances on vessels’’. 2008—Pub. L. 110–407, title II, § 202(b)(1), Oct. 13, 2008, 122 Stat. 4300, added item 70508. § 70501. Findings and declarations Congress finds and declares that (1) trafficking in controlled substances aboard vessels is a seri- ous international problem, is universally con- demned, and presents a specific threat to the se- curity and societal well-being of the United States and (2) operating or embarking in a sub- mersible vessel or semi-submersible vessel with- out nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the secu- rity of the United States. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1685; Pub. L. 110–407, title II, § 201, Oct. 13, 2008, 122 Stat. 4299.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70501 .......... 46 App.:1902. Pub. L. 96–350, § 2, Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–307, § 7, May 19, 1986, 100 Stat. 447; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–95; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3552. Editorial Notes AMENDMENTS 2008—Pub. L. 110–407 inserted cl. (1) designation after ‘‘declares that’’, substituted ‘‘States and’’ for ‘‘States.’’, and added cl. (2). § 70502. Definitions (a) APPLICATION OF OTHER DEFINITIONS.—The definitions in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) apply to this chapter. (b) VESSEL OF THE UNITED STATES.—In this chapter, the term ‘‘vessel of the United States’’ means— (1) a vessel documented under chapter 121 of this title or numbered as provided in chapter 123 of this title; (2) a vessel owned in any part by an indi- vidual who is a citizen of the United States, the United States Government, the govern- ment of a State or political subdivision of a State, or a corporation incorporated under the laws of the United States or of a State, un- less— (A) the vessel has been granted the nation- ality of a foreign nation under article 5 of the 1958 Convention on the High Seas; and (B) a claim of nationality or registry for the vessel is made by the master or indi- vidual in charge at the time of the enforce- ment action by an officer or employee of the United States who is authorized to enforce applicable provisions of United States law; and (3) a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was sold to a person not a citizen of the United States, placed under foreign registry, or operated under the authority of a foreign nation, whether or not the vessel has been granted the nationality of a foreign nation. (c) VESSEL SUBJECT TO THE JURISDICTION OF THE UNITED STATES.— (1) IN GENERAL.—In this chapter, the term ‘‘vessel subject to the jurisdiction of the United States’’ includes—