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§ 1801. International measures for seaport and shipboard security

The Congress encourages the President to continue to seek agreement through the International Maritime Organization on matters of international seaport and shipboard security, and commends him on his efforts to date. In developing such agreement, each member country of the International Maritime Organization should consult with appropriate private sector interests in that country. Such agreement would establish seaport and vessel security measures and could include--

(1) seaport screening of cargo and baggage similar to that done at airports;

(2) security measures to restrict access to cargo, vessels, and dockside property to authorized personnel only;

(3) additional security on board vessels;

(4) licensing or certification of compliance with appropriate security standards; and

(5) other appropriate measures to prevent unlawful acts against passengers and crews on board vessels.

(Pub. L. 99-399, title IX, § 902, Aug. 27, 1986, 100 Stat. 889.)

Section 901 of title IX of Pub. L. 99-399 provided that: "This title [enacting this chapter and section 1226 of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes below] may be cited as the 'International Maritime and Port Security Act'."

Section 903 of Pub. L. 99-399 provided that:

"(a) Report on Progress of IMO.--The Secretary of Transportation and the Secretary of State, jointly, shall report to the Congress by February 28, 1987, on the progress of the International Maritime Organization in developing recommendations on Measures to Prevent Unlawful Acts Against Passengers and Crews On Board Ships.

"(b) Content of Report.--The report required by subsection (a) shall include the following information--

"(1) the specific areas of agreement and disagreement on the recommendations among the member nations of the International Maritime Organization;

"(2) the activities of the Maritime Safety Committee, the Facilitation Committee, and the Legal Committee of the International Maritime Organization in regard to the proposed recommendations; and

"(3) the security measures specified in the recommendations.

"(c) Security Measures at United States Ports.--If the member nations of the International Maritime Organization have not finalized and accepted the proposed recommendations by February 28, 1987, the Secretary of Transportation shall include in the report required by this section a proposed plan of action (including proposed legislation if necessary) for the implementation of security measures at United States ports and on vessels operating from those ports based on the assessment of threat from acts of terrorism reported by the Secretary of Transportation under section 905 [46 App. U.S.C. 1802]."

Section 904 of Pub. L. 99-399 provided that: "Not later than 6 months after the date of enactment of this Act [Aug. 27, 1986], the President shall report to the Congress on the status of physical security at the Panama Canal with respect to the threat of terrorism."

§ 1802. Threat of terrorism to United States ports and vessels

Not later than February 28, 1987, and annually thereafter, the Secretary of Transportation shall report to the Congress on the threat from acts of terrorism to United States ports and vessels operating from those ports.

(Pub. L. 99-399, title IX, § 905, Aug. 27, 1986, 100 Stat. 890.)

This section is referred to in section 1809 of this Appendix.

§ 1803. Security standards at foreign ports

(a) Assessment of security measures

The Secretary of Transportation shall develop and implement a plan to assess the effectiveness of the security measures maintained at those foreign ports which the Secretary, in consultation with the Secretary of State, determines pose a high risk of acts of terrorism directed against passenger vessels.

(b) Consultation with Secretary of State

In carrying out subsection (a) of this section, the Secretary of Transportation shall consult the Secretary of State with respect to the terrorist threat which exists in each country and poses a high risk of acts of terrorism directed against passenger vessels.

(c) Report of assessments

Not later than 6 months after August 27, 1986, the Secretary of Transportation shall report to the Congress on the plan developed pursuant to subsection (a) of this section and how the Secretary will implement the plan.

(d) Determination and notification to foreign country

If, after implementing the plan in accordance with subsection (a) of this section, the Secretary of Transportation determines that a port does not maintain and administer effective security measures, the Secretary of State (after being informed by the Secretary of Transportation) shall notify the appropriate government authorities of the country in which the port is located of such determination, and shall recommend the steps necessary to bring the security measures in use at that port up to the standard used by the Secretary of Transportation in making such assessment.

(e) Antiterrorism assistance related to maritime security

The President is encouraged to provide antiterrorism assistance related to maritime security under chapter 8 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2349aa et seq.] to foreign countries, especially with respect to a port which the Secretary of Transportation determines under subsection (d) of this section does not maintain and administer effective security measures.

(Pub. L. 99-399, title IX, § 907, Aug. 27, 1986, 100 Stat. 891.)

The Foreign Assistance Act of 1961, referred to in subsec. (e), is Pub. L. 97-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 8 of part II of that 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.

This section is referred to in sections 1804, 1809 of this Appendix.

§ 1804. Travel advisories concerning security at foreign ports

(a) Travel advisory

Upon being notified by the Secretary of Transportation that the Secretary has determined that a condition exists that threatens the safety or security of passengers, passenger vessels, or crew traveling to or from a foreign port which the Secretary of Transportation has determined pursuant to section 1803(d) of this Appendix to be a port which does not maintain and administer effective security measures, the Secretary of State shall immediately issue a travel advisory with respect to that port. The Secretary of State shall take the necessary steps to widely publicize that travel advisory.

(b) Lifting of travel advisory

The travel advisory required to be issued under subsection (a) of this section may be lifted only if the Secretary of Transportation, in consultation with the Secretary of State, has determined that effective security measures are maintained and administered at the port with respect to which the Secretary of Transportation had made the determination described in section 1803(d) of this Appendix.

(c) Notification to Congress

The Secretary of State shall immediately notify the Congress of any change in the status of a travel advisory imposed pursuant to this section.

(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.)

1998--Subsec. (a). Pub. L. 105-277 struck out second sentence which read as follows: "Any travel advisory issued pursuant to this subsection shall be published in the Federal Register."

§ 1805. Suspension of passenger service

(a) President's determination

Whenever the President determines that a foreign nation permits the use of territory under its jurisdiction as a base of operations or training for, or as a sanctuary for, or in any way arms, aids, or abets, any terrorist or terrorist group which knowingly uses the illegal seizure of passenger vessels or the threat thereof as an instrument of policy, the President may, without notice or hearing and for as long as the President determines necessary to assure the security of passenger vessels against unlawful seizure, suspend the right of any passenger vessel common carrier to operate to and from, and the right of any passenger vessel of the United States to utilize, any port in that foreign nation for passenger service.

(b) Prohibition

It shall be unlawful for any passenger vessel common carrier, or any passenger vessel of the United States, to operate in violation of the suspension of rights by the President under this section.

(c) Penalty

(1) If a person operates a vessel in violation of this section, the Secretary of the department in which the Coast Guard is operating may deny the vessels of that person entry to United States ports.

(2) A person violating this section is liable to the United States Government for a civil penalty of not more than $50,000. Each day a vessel utilizes a prohibited port shall be a separate violation of this section.

(Pub. L. 99-399, title IX, § 909, Aug. 27, 1986, 100 Stat. 892.)

§ 1806. Sanctions for seizure of vessels by terrorists

The Congress encourages the President--

(1) to review the adequacy of domestic and international sanctions against terrorists who seize or attempt to seize vessels; and

(2) to strengthen where necessary, through bilateral and multilateral efforts, the effectiveness of such sanctions.

Not later than one year after August 27, 1986, the President shall submit a report to the Congress which includes the review of such sanctions and the efforts to improve such sanctions.

(Pub. L. 99-399, title IX, § 910, Aug. 27, 1986, 100 Stat. 892.)

§ 1807. Definitions

For purposes of this chapter--

(1) the term "common carrier" has the same meaning given such term in section 1702(6) of this Appendix; and

(2) the terms "passenger vessel" and "vessel of the United States" have the same meaning given such terms in section 2101 of title 46.

(Pub. L. 99-399, title IX, § 911, Aug. 27, 1986, 100 Stat. 892.)

This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 99-399, Aug. 27, 1986, 100 Stat. 889, known as the International Maritime and Port Security Act, which enacted this chapter and section 1226 of Title 33, Navigation and Navigable Waters, and enacted provisions set out as notes under section 1801 of this Appendix. For complete classification of title IX to the Code, see Short Title note set out under section 1801 of this Appendix and Tables.

§ 1808. Authorization of Appropriations

There are authorized to be appropriated $12,500,000 for each of the fiscal years 1987 through 1991, to be available to the Secretary of Transportation to carry out this chapter.

(Pub. L. 99-399, title IX, § 912, Aug. 27, 1986, 100 Stat. 892.)

This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 99-399, Aug. 27, 1986, 100 Stat. 889, known as the International Maritime and Port Security Act, which enacted this chapter and section 1226 of Title 33, Navigation and Navigable Waters, and enacted provisions set out as notes under section 1801 of this Appendix. For complete classification of title IX to the Code, see Short Title note set out under section 1801 of this Appendix and Tables.

§ 1809. Reports

(a) Consolidation

To the extent practicable, the reports required under sections 903, 905, and 907 [46 App. U.S.C. 1801 note, 1802, 1803] shall be consolidated into a single document before being submitted to the Congress. Any classified material in those reports shall be submitted separately as an addendum to the consolidated report.

(b) Submission to committees

The reports required to be submitted to the Congress under this chapter shall be submitted to the Committee on Foreign Affairs and the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science and Transportation of the Senate.

(Pub. L. 99-399, title IX, § 913, Aug. 27, 1986, 100 Stat. 892.)

Sections 903, 905, and 907, referred to in subsec. (a), are sections 903, 905, and 907 of Pub. L. 99-399, which enacted a provision set out as a note under section 1801 of this Appendix and sections 1802 and 1803 of this Appendix, respectively.

This chapter, referred to in subsec. (b), was in the original "this title", meaning title IX of Pub. L. 99-399, Aug. 27, 1986, 100 Stat. 889, known as the International Maritime and Port Security Act, which enacted this chapter and section 1226 of Title 33, Navigation and Navigable Waters, and enacted provisions set out as notes under section 1801 of this Appendix. For complete classification of title IX to the Code, see Short Title note set out under section 1801 of this Appendix and Tables.

Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress.

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of references to Committee on Merchant Marine and Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress.