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SEC. 108. INTERNATIONAL PORT SECURITY.
(a) IN GENERAL- Part A of subtitle II of title 46, United States Code, is amended by adding at the end the following:
'CHAPTER 25. INTERNATIONAL PORT SECURITY.
'Sec.
'2501. Assessment.
'2502. Notifying foreign authorities.
'2503. Actions when ports not maintaining and carrying out effective security measures.
'2504. Travel advisories concerning security at foreign ports.
'2505. Suspensions.
'2506. Acceptance of contributions; joint venture arrangements.
'Sec. 2501. Assessment
'(a) IN GENERAL- At intervals the Secretary of Transportation considers necessary, the Secretary shall assess the effectiveness of the security measures maintained at--
'(1) a foreign port--
'(A) served by vessels of the United States;
'(B) from which foreign vessels serve the United States; or
'(C) that poses a high risk of introducing danger to United States ports and waterways, United States citizens, vessels of the United States or any other United States interests; and
'(2) any other foreign port the Secretary considers appropriate.
'(b) PROCEDURES AND STANDARDS- The Secretary shall conduct an assessment under subsection (a) of this section--
'(1) in consultation with appropriate authorities of the government of the foreign country concerned and operators of vessels of the United States serving the foreign port for which the Secretary is conducting the assessment;
'(2) to establish the extent to which a foreign port effectively maintains and carries out internationally recognized security measures; and
'(3) by using a standard based on the standards for port security and recommended practices of the International Maritime Organization and other appropriate international organizations.
'(c) CONSULTATION- In carrying out this section, the Secretary shall consult with--
'(1) the Secretary of State--
'(A) on the terrorist or relevant criminal threat that exists in each country involved; and
'(B) identify foreign ports that--
'(i) are not under the de facto control of the government of the foreign country in which they are located; and
'(ii) pose a high risk of introducing danger to international maritime commerce; and
'(2) the Secretary of the Treasury and coordinate any such assessment with the United States Customs Service.
'Sec. 2502. Notifying foreign authorities
'(a) DISSEMINATION OF INFORMATION ABOUT THE PROGRAM- The Secretary shall work with the Secretary of State to facilitate the dissemination of port security program information to port authorities and marine terminal operators in other countries.
'(b) SPECIFIC NOTIFICATIONS- If the Secretary of Transportation, after conducting an assessment under section 2501, finds that a port does not maintain and carry out effective security measures, the Secretary, through the Secretary of State, shall notify the appropriate authorities of the government of the foreign country of the finding and recommend the steps necessary to bring the security measures in use at the port up to the standard used by the Secretary of Transportation in making the assessment.
'Sec. 2503. Actions when ports not maintaining and carrying out effective security measures
'(a) IN GENERAL- If the Secretary of Transportation finds that a port does not maintain and carry out effective security measures--
'(1) the Secretary shall--
'(A) in consultation with the Secretaries of State, Treasury, Agriculture, and the Attorney General, develop measures to protect the safety and security of United States ports from risks related to vessels arriving from a foreign port that does not maintain an acceptable level of security;
'(B) publish the identity of the port in the Federal Register;
'(C) have the identity of the port posted and displayed prominently at all United States ports at which scheduled passenger carriage is provided regularly to that port; and
'(D) require each United States and foreign vessel providing transportation between the United States and the port to provide written notice of the decision, on or with the ticket, to each passenger buying a ticket for transportation between the United States and the port;
'(2) the Secretary may, after consultation with the Secretaries of State and of the Treasury, prescribe conditions of port entry into the United States for any vessel arriving from a port determined under this subsection to maintain ineffective security measures, or any vessel carrying cargo originating from or transshipped through such a port, including refusing entry, inspection, or any other condition as the Secretary determines may be necessary to ensure the safety of United States ports and waterways; and
'(3) the Secretary may prohibit a United States or foreign vessel from providing transportation between the United States and any other foreign port that is served by vessels navigating to or from a port found not to maintain and carry out effective security measures.
'(b) EFFECTIVE DATE FOR SANCTIONS- Any action taken by the Secretary under subsection (a) for a particular port shall take effect--
'(1)90 days after the government of the foreign country with jurisdiction or control of that port is notified under section 2502 unless the Secretary finds that the government has brought the security measures at the port up to the standard the Secretary used in making an assessment under section 2501 before the end of that 90-day period; or
'(2) immediately upon the determination of the Secretary under subsection (a) if the Secretary 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.
'(c) STATE DEPARTMENT TO BE NOTIFIED- The Secretary immediately shall notify the Secretary of State of a finding that a port does not maintain and carry out effective security measures so that the Secretary of State may issue a travel advisory.
'(d) CONGRESSIONAL NOTIFICATION REQUIRED- The Secretary promptly shall submit to Congress a report (and classified annex if necessary) identifying any port that the Secretary finds does not maintain and carry out effective security measures and describe any action taken under this section with regard to that port.
'(e) ACTION CANCELED- An action required under this section is no longer required if the Secretary, in consultation with the Secretary of State, decides that effective security measures are maintained and carried out at the port. The Secretary shall notify Congress when the action is no longer required.
'Sec. 2504. Travel advisories concerning security at foreign ports
'(a) IN GENERAL- 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 has determined under this chapter 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 the port. The Secretary of State shall take the necessary steps to publicize the travel advisory widely.
'(b) WHEN TRAVEL ADVISORY MAY BE CANCELED- 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.
'(c) CONGRESSIONAL NOTIFICATION- The Secretary of State shall immediately notify Congress of any change in the status of a travel advisory imposed pursuant to this section.
'Sec. 2505. Suspensions
'(a) IN GENERAL- The President, without prior notice or a hearing, shall suspend the right of any vessel of the United States, and the right of a person to trade with the United States, to provide foreign sea transportation, and the right of a person to operate vessels in foreign sea commerce, to or from a foreign port, if the President finds that--
'(1) a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from that port; and
'(2) the public interest requires an immediate suspension of trade between the United States and that port.
'(b) DENIAL OF ENTRY- If a person operates a vessel in violation of this section, the President may deny the vessels of that person entry to United States ports.
'(c) PENALTY FOR VIOLATION- 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.
'Sec. 2506. Acceptance of contributions; joint venture arrangements
'In carrying out responsibilities under this chapter, the Secretary may accept contributions of funds, material, services, and the use of personnel and facilities from public and private entities by contract or other arrangement if the confidentiality of security-sensitive information is maintained and access to such information is limited appropriately. The Secretary shall deposit any funds accepted under this section as miscellaneous receipts in the general fund of the United States Treasury.'.
(b) CONFORMING AMENDMENT- The table of chapters at the beginning of subtitle II of title 46, United States Code, is amended by inserting the following new item in part A after the item for chapter 23:
2501'.
(c) REPEALS- Sections 902, 905, 907, 908, 909, 910, 911, 912, and 913 of the International Maritime and Port Security Act(46 U.S.C. App. 1801, 1802, 1803, 1804, 1805, 1806, 1807, 1808, and 1809), are repealed.
(d) FOREIGN-FLAG VESSELS- Within 6 months after the date of enactment of this Act and every year thereafter, the Secretary, in consultation with the Secretary of State, shall provide a report to the Committees on Commerce, Science, and Transportation and Foreign Relations of the Senate, and the Committees on Transportation and Infrastructure and International Relations of the House of Representatives that lists the following information:
(1) A list of all nations whose flag vessels have entered United States ports in the previous year.
(2) Of the nations on that list, a separate list of those nations--
(A) whose registered flag vessels appear as Priority III or higher on the Boarding Priority Matrix maintained by the Coast Guard;
(B) that have presented, or whose flag vessels have presented, false, intentionally incomplete, or fraudulent information to the United States concerning passenger or cargo manifests, crew identity or qualifications, or registration or classification of their flag vessels;
(C) whose vessel registration or classification procedures have been found by the Secretary to be noncompliant with international classifications or do not exercise adequate control over safety and security concerns; or
(D) whose laws or regulations are not sufficient to allow tracking of ownership and registration histories of registered flag vessels.
(3) Actions taken by the United States, whether through domestic action or international negotiation, including agreements at the International Maritime Organization under section 902 of the International Maritime and Port Security Act (46 U.S.C. App. 1801), to improve transparency and security of vessel registration procedures in nations on the list under paragraph (2).
(4) Recommendations for legislative or other actions needed to improve security of United States ports against potential threats posed by flag vessels of nations named in paragraph (2).
SEC. 109. COUNTER-TERRORISM AND INCIDENT CONTINGENCY PLANS.
(a) IN GENERAL- The Secretary, in coordination with the Director of the Federal Bureau of Investigation, shall ensure that all area maritime counter-terrorism and incident contingency plans are reviewed, revised, and updated no less frequently than once every 3 years.
(b) LOCAL PORT SECURITY COMMITTEES- The Secretary shall ensure that port security committees established under section 7(f) of the Ports and Maritime Safety Act (33 U.S.C. 2116(f)) are involved in the review, revision, and updating of the plans.
(c) SIMULATION EXERCISES- The Secretary shall ensure that--
(1) simulation exercises are conducted annually for all such plans; and
(2) actual practice drills and exercises are conducted at least once every 3 years.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary $1,000,000 for each of fiscal years 2002 through 2006 to carry out this section, such sums to remain available until expended.
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