227 
‘‘§ 60101. Boarding arriving vessels before inspection 
‘‘(a) REGULATIONS.—The Secretary of Homeland Security shall prescribe 
and enforce regulations on the boarding of a vessel arriving at a port of 
the United States before the vessel has been inspected and secured. 
‘‘(b) CRIMINAL PENALTY.—A person violating a regulation prescribed 
under this section shall be fined under title 18, imprisoned for not more 
than 6 months, or both. 
‘‘(c) RELATIONSHIP TO OTHER LAW.—This section shall be construed as 
supplementary to section 2279 of title 18. 
‘‘§ 60102. Production of certificate on entry 
‘‘On entry of a vessel documented under chapter 121 of this title, the 
master or other individual in charge of the vessel shall produce the certifi-
cate of documentation to the customs officer at the place where the vessel 
is entered. If the certificate is not produced, the vessel is not entitled to 
the privileges of a documented vessel. 
‘‘§ 60103. Oath of ownership on entry 
‘‘(a) REQUIRED STATEMENT.—On entry of a vessel of the United States 
from a foreign port, the individual designated under subsection (b) shall 
state under oath that— 
‘‘(1) the vessel’s certificate of documentation contains the names of 
all the owners of the vessel; or 
‘‘(2) part of the ownership has been transferred since the certificate 
was issued and, to the best of the individual’s knowledge and belief, 
the vessel is still owned only by citizens of the United States. 
‘‘(b) PERSON TO MAKE STATEMENT.—The statement under subsection 
(a) shall be made by— 
‘‘(1) an owner if one resides at the port of entry; or 
‘‘(2) the master if an owner does not reside at the port of entry. 
‘‘(c) CONSEQUENCE OF NOT MAKING STATEMENT.—If the appropriate 
individual does not make the statement required by this section, the vessel 
is not entitled to the privileges of a vessel of the United States. 
‘‘§ 60104. Depositing certificates of documentation with con-
sular officers 
‘‘(a) REQUIREMENT OF MASTER.—When a vessel owned by citizens of the 
United States, on a voyage from a port in the United States, arrives at a 
foreign port, the master of the vessel shall deposit the vessel’s certificate 
of documentation with a consular officer at the foreign port if there is a 
consular officer at that port. 
‘‘(b) RETURN OF CERTIFICATE.—When the master produces a clearance 
from the appropriate officer of the foreign port, the consular officer shall 
return the certificate of documentation to the master if the master has com-
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plied with the provisions of law related to the discharge of seamen in a for-
eign country and the payment of fees of consular officers. 
‘‘(c) CIVIL PENALTY AND COLLECTION.—The master of a vessel failing 
to deposit the certificate of documentation as required by subsection (a) is 
liable to the United States Government for a civil penalty of $500. The con-
sular officer shall bring an action to recover the penalty in any court of 
competent jurisdiction. The action shall be brought in the name of the con-
sular officer for the benefit of the United States. 
‘‘§ 60105. Clearance of vessels 
‘‘(a) VESSELS OF THE UNITED STATES.—Except as otherwise provided 
by law, a vessel of the United States shall obtain clearance from the Sec-
retary of Homeland Security before proceeding from a port or place in the 
United States— 
‘‘(1) for a foreign port or place; 
‘‘(2) for another port or place in the United States if the vessel has 
on board foreign merchandise for which entry has not been made; or 
‘‘(3) outside the territorial sea to visit a hovering vessel or to receive 
merchandise while outside the territorial sea. 
‘‘(b) OTHER VESSELS.—Except as otherwise provided by law, a vessel 
that is not a vessel of the United States shall obtain clearance from the Sec-
retary before proceeding from a port or place in the United States— 
‘‘(1) for a foreign port or place; 
‘‘(2) for another port or place in the United States; or 
‘‘(3) outside the territorial sea to visit a hovering vessel or to receive 
or deliver merchandise while outside the territorial sea. 
‘‘(c) REGULATIONS.—The Secretary may by regulation— 
‘‘(1) prescribe the manner in which clearance under this section is 
to be obtained, including the documents, data, or information which 
shall be submitted or transmitted, pursuant to an authorized data 
interchange system, to obtain the clearance; 
‘‘(2) permit clearance to be obtained before all requirements for 
clearance are complied with, but only if the owner or operator of the 
vessel files a bond in an amount set by the Secretary conditioned on 
the compliance by the owner or operator with all specified requirements 
for clearance within a time period (not exceeding 4 business days) es-
tablished by the Secretary; and 
‘‘(3) permit clearance to be obtained at a place other than a des-
ignated port of entry, under conditions the Secretary may prescribe. 
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‘‘§ 60106. State inspection laws 
‘‘When State law requires a certificate of inspection for goods carried on 
a vessel, a vessel transporting the goods may not be cleared until the certifi-
cate is produced. 
‘‘§ 60107. Payment of fees on departing vessel 
‘‘A departing vessel may be cleared only when all legal fees that have ac-
crued on the vessel are paid and proof of payment is presented to the indi-
vidual granting the clearance. 
‘‘§ 60108. Duty to transport tendered cargo 
‘‘Clearance may be refused to a vessel or vehicle transporting cargo des-
tined for a domestic or foreign port when the owner, master, or other indi-
vidual in charge refuses to accept cargo tendered in good condition, with 
proper charges, for the same or an intermediate port by a citizen of the 
United States. This section does not apply if the vessel or vehicle is already 
fully loaded (giving appropriate consideration to its proper loading) or is not 
adaptable to transport the tendered cargo. 
‘‘§ 60109. Duty to transport money and securities of the 
United States Government 
‘‘Before being given clearance, a vessel owned by a citizen of the United 
States and bound on a voyage from a port in the United States to another 
port in the United States or in a foreign country, or on a voyage from a 
port in a foreign country to a port in the United States, shall receive on 
board any bullion, coin, notes, bonds, or other securities of the United 
States Government that an agency, consular officer, or other agent of the 
Government offers. The vessel shall transport the items securely and deliver 
them promptly to the proper authorities or consignees on arriving at the 
port of destination. Compensation shall be paid for services provided under 
this section that is equal to compensation paid to other carriers in the ordi-
nary transaction of business. 
‘‘CHAPTER 603—TONNAGE TAXES AND LIGHT MONEY 
‘‘Sec. 
‘‘60301.
Regular tonnage taxes. 
‘‘60302.
Special tonnage taxes. 
‘‘60303.
Light money. 
‘‘60304.
Presidential suspension of tonnage taxes and light money. 
‘‘60305.
Vessels in distress. 
‘‘60306.
Vessels not engaged in trade. 
‘‘60307.
Vessels engaged in coastwise trade or the fisheries. 
‘‘60308.
Vessels engaged in Great Lakes trade. 
‘‘60309.
Passenger vessels making trips between ports of the United States and foreign ports. 
‘‘60310.
Vessels making daily trips on interior waters. 
‘‘60311.
Hospital vessels in time of war. 
‘‘60312.
Rights under treaties preserved. 
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‘‘§ 60301. Regular tonnage taxes 
‘‘(a) LOWER RATE.—A tax is imposed at the rate of 2 cents per ton (but 
not more than a total of 10 cents per ton per year) at each entry in a port 
of the United States of— 
‘‘(1) a vessel entering from a foreign port or place in North America, 
Central America, the West Indies Islands, the Bahama Islands, the 
Bermuda Islands, or the coast of South America bordering the Carib-
bean Sea; or 
‘‘(2) a vessel returning to the same port or place in the United 
States from which it departed, and not entering the United States from 
another port or place, except— 
‘‘(A) a vessel of the United States; 
‘‘(B) a recreational vessel (as defined in section 2101 of this 
title); or 
‘‘(C) a barge. 
‘‘(b) HIGHER RATE.—A tax is imposed at the rate of 6 cents per ton 
(but not more than a total of 30 cents per ton per year) on a vessel at each 
entry in a port of the United States from a foreign port or place not named 
in subsection (a)(1). 
‘‘(c) EXCEPTION FOR VESSELS ENTERING OTHER THAN BY SEA.—Sub-
section (a) does not apply to a vessel entering other than by sea from a 
foreign port or place at which tonnage, lighthouse, or other equivalent taxes 
are not imposed on vessels of the United States. 
‘‘§ 60302. Special tonnage taxes 
‘‘(a) ENTRY FROM FOREIGN PORT OR PLACE.—Regardless of whether a 
tax is imposed under section 60301 of this title, a tax is imposed on a vessel 
at each entry in a port of the United States from a foreign port or place 
at the following rates: 
‘‘(1) 30 cents per ton on a vessel built in the United States but 
owned in any part by a subject of a foreign country. 
‘‘(2) 50 cents per ton on other vessels not of the United States. 
‘‘(3) 50 cents per ton on a vessel of the United States having an 
officer who is not a citizen of the United States. 
‘‘(4) $2 per ton on a foreign vessel entering from a foreign port or 
place at which vessels of the United States are not ordinarily allowed 
to enter and trade. 
‘‘(b) VESSELS NOT OF THE UNITED STATES TRANSPORTING PROPERTY 
BETWEEN DISTRICTS.—Regardless of whether a tax is imposed under sec-
tion 60301 of this title, a tax of 50 cents per ton is imposed on a vessel 
not of the United States at each entry in one customs district from another 
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district when transporting goods loaded in one district to be delivered in an-
other district. 
‘‘(c) EXCEPTION FOR VESSELS BECOMING DOCUMENTED.—The tax of 50 
cents per ton under this section does not apply to a vessel that— 
‘‘(1) is owned only by citizens of the United States; and 
‘‘(2) after entering a port of the United States, becomes documented 
as a vessel of the United States before leaving that port. 
‘‘§ 60303. Light money 
‘‘(a) IMPOSITION OF TAX.—A tax of 50 cents per ton, to be called ‘light 
money’, is imposed on a vessel not of the United States at each entry in 
a port of the United States. This tax shall be imposed and collected under 
the same regulations that apply to tonnage taxes. 
‘‘(b) EXCEPTION FOR VESSELS OWNED BY CITIZENS.— 
‘‘(1) IN GENERAL.—Subsection (a) does not apply to a vessel owned 
only by citizens of the United States if— 
‘‘(A) the vessel is carrying a regular document issued by a cus-
tomhouse of the United States proving the vessel to be owned only 
by citizens of the United States; and 
‘‘(B) on entry of the vessel from a foreign port, the individual 
designated under paragraph (2) states under oath that— 
‘‘(i) the document contains the names of all the owners of 
the vessel; or 
‘‘(ii) part of the ownership has been transferred since the 
document was issued and, to the best of that individual’s 
knowledge and belief, the vessel is still owned only by citizens 
of the United States. 
‘‘(2) PERSON TO MAKE STATEMENT.—The statement under para-
graph (1)(B) shall be made by— 
‘‘(A) an owner if one resides at the port of entry; or 
‘‘(B) the master if an owner does not reside at the port of 
entry. 
‘‘(c) EXCEPTION FOR VESSELS BECOMING DOCUMENTED.—Subsection 
(a) section does not apply to a vessel that— 
‘‘(1) is owned only by citizens of the United States; and 
‘‘(2) after entering a port of the United States, becomes documented 
as a vessel of the United States before leaving that port. 
‘‘§ 60304. Presidential suspension of tonnage taxes and light 
money 
‘‘If the President is satisfied that the government of a foreign country 
does not impose discriminating or countervailing duties to the disadvantage 
of the United States, the President shall suspend the imposition of special 
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tonnage taxes and light money under sections 60302 and 60303 of this title 
on vessels of that country. 
‘‘§ 60305. Vessels in distress 
‘‘A vessel is exempt from tonnage taxes and light money when it enters 
because it is in distress. 
‘‘§ 60306. Vessels not engaged in trade 
‘‘A vessel is exempt from tonnage taxes and light money when not en-
gaged in trade. 
‘‘§ 60307. Vessels engaged in coastwise trade or the fisheries 
‘‘A vessel with a registry endorsement or a coastwise endorsement, trad-
ing from one port in the United States to another port in the United States 
or employed in the bank, whale, or other fisheries, is exempt from tonnage 
taxes and light money. 
‘‘§ 60308. Vessels engaged in Great Lakes trade 
‘‘A documented vessel with a registry endorsement, engaged in foreign 
trade on the Great Lakes or their tributary or connecting waters in trade 
with Canada, does not become subject to tonnage taxes or light money be-
cause of that trade. 
‘‘§ 60309. Passenger vessels making trips between ports of 
the United States and foreign ports 
‘‘A passenger vessel making at least 3 trips per week between a port of 
the United States and a foreign port is exempt from tonnage taxes and light 
money. 
‘‘§ 60310. Vessels making daily trips on interior waters 
‘‘A vessel making regular daily trips between a port of the United States 
and a port of Canada only on interior waters not navigable to the ocean 
is exempt from tonnage taxes and light money, except on its first clearing 
each year. 
‘‘§ 60311. Hospital vessels in time of war 
‘‘In time of war, a hospital vessel is exempt from tonnage taxes, light 
money, and pilotage charges in the ports of the United States if the vessel 
is one for which the conditions of the international convention for the ex-
emption of hospital ships from taxation in time of war, concluded at The 
Hague on December 21, 1904, are satisfied. The President by proclamation 
shall name the vessels for which the conditions are satisfied and state when 
the exemption begins and ends. 
‘‘§ 60312. Rights under treaties preserved 
‘‘This chapter and chapter 605 of this title do not affect a right or privi-
lege of a foreign country relating to tonnage taxes or other duties on vessels 
under a law or treaty of the United States. 
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233 
‘‘CHAPTER 605—DISCRIMINATING DUTIES AND 
RECIPROCAL PRIVILEGES 
‘‘Sec. 
‘‘60501.
Vessels allowed to import. 
‘‘60502.
Discriminating duty on goods imported in foreign vessels or from contiguous coun-
tries. 
‘‘60503.
Reciprocal suspension of discriminating duties. 
‘‘60504.
Reciprocal privileges for recreational vessels. 
‘‘60505.
Retaliatory suspension of commercial privileges. 
‘‘60506.
Retaliation against British dominions of North America. 
‘‘60507.
Suspension of free passage through Saint Marys Falls Canal. 
‘‘§ 60501. Vessels allowed to import 
‘‘(a) IN GENERAL.—Except as otherwise provided by treaty, goods may 
be imported into the United States from a foreign port or place only in— 
‘‘(1) a vessel of the United States; or 
‘‘(2) a foreign vessel owned only by citizens or subjects of the coun-
try— 
‘‘(A) in which the goods are grown, produced, or manufactured; 
or 
‘‘(B) from which the goods can only be, or most usually are, 
first shipped for transportation. 
‘‘(b) EXCEPTION FOR VESSELS OF COUNTRIES NOT MAINTAINING SIMI-
LAR RESTRICTIONS.—Subsection (a) does not apply to a vessel of a foreign 
country that does not maintain a similar restriction against United States 
documented vessels. 
‘‘(c) EXCEPTION FOR VESSELS BECOMING DOCUMENTED.—Subsection 
(a) does not apply to a vessel that— 
‘‘(1) is owned only by citizens of the United States; and 
‘‘(2) after entering a port of the United States, becomes documented 
as a vessel of the United States before leaving that port. 
‘‘(d) SEIZURE AND FORFEITURE.—If goods are imported in violation of 
this section, the goods and the vessel in which they are imported, along with 
its equipment and other cargo, may be seized by and forfeited to the United 
States Government. 
‘‘§ 60502. Discriminating duty on goods imported in foreign 
vessels or from contiguous countries 
‘‘(a) IMPOSITION OF DUTY.—A discriminating duty of 10 percent ad valo-
rem (in addition to other duties imposed by law) is imposed on goods— 
‘‘(1) imported in a vessel not of the United States unless the ves-
sel— 
‘‘(A) is entitled by law or treaty to enter the ports of the United 
States on payment of the same duties as are payable on goods im-
ported in a vessel of the United States; or 
‘‘(B)(i) is owned only by citizens of the United States; and 
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‘‘(ii) after entering a port of the United States, becomes docu-
mented as a vessel of the United States before leaving that port; 
or 
‘‘(2) produced or manufactured in a foreign country not contiguous 
to the United States and imported from a country contiguous to the 
United States, unless imported in the usual course of strictly retail 
trade. 
‘‘(b) SEIZURE AND FORFEITURE.—If goods are imported without pay-
ment of the duty required by this section, the goods and the vessel in which 
they are imported may be seized by, and forfeited to, the United States Gov-
ernment. 
‘‘§ 60503. Reciprocal suspension of discriminating duties 
‘‘(a) GENERAL AUTHORITY.—On receiving satisfactory proof from the 
government of a foreign country that it has suspended, in any part, the im-
position of discriminating duties for any class of vessels owned by citizens 
of the United States or goods imported in those vessels, the President may 
proclaim a reciprocal suspension of discriminating duties for the same class 
of vessels owned by citizens of that country or goods imported in those ves-
sels. 
‘‘(b) EFFECTIVE AND EXPIRATION DATES.—A suspension under this sec-
tion takes effect retroactively from the date the President received the proof 
from the foreign government, and expires when that government stops 
granting the reciprocal suspension. 
‘‘§ 60504. Reciprocal privileges for recreational vessels 
‘‘When the President is satisfied that yachts owned by residents of the 
United States and used only for pleasure are allowed to arrive at, depart 
from, and cruise in the waters of a foreign port without entering, clearing, 
or paying any duties or fees (including cruising license fees), the Secretary 
of Homeland Security may allow yachts from that foreign port used only 
for pleasure to arrive at and depart from the ports of the United States 
and to cruise in the waters of the United States without paying any duties 
or fees. However, the Secretary may require foreign yachts to obtain a li-
cense to cruise in the waters of the United States. The license shall be in 
the form prescribed by the Secretary and contain limitations about length 
of time, direction, place of cruising and action, and other matters the Sec-
retary considers appropriate. The license shall be issued without cost to the 
yacht. 
‘‘§ 60505. Retaliatory suspension of commercial privileges 
‘‘(a) GENERAL AUTHORITY.—The President may proclaim a suspension 
of commercial privileges to vessels of a foreign country when— 
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‘‘(1) vessels of that country have been given the same commercial 
privileges in the ports and waters of the United States given to vessels 
of the United States (except the privilege of engaging in coastwise com-
merce); and 
‘‘(2) vessels of the United States are denied commercial privileges in 
the ports or waters of that country given to vessels of that country. 
‘‘(b) APPLICATION.—A suspension under this section shall apply to the 
same commercial privileges denied to vessels of the United States in the 
ports or waters of the foreign country, and to the same class of vessels of 
that country as the class of vessels of the United States denied the privi-
leges. 
‘‘(c) EFFECTIVE DATE.—The President shall designate the effective date 
of the suspension in the proclamation. 
‘‘(d) PENALTIES.— 
‘‘(1) SEIZURE AND FORFEITURE.—If the master, officer, or agent of 
a vessel of a foreign country does an act for the vessel in the ports 
or waters of the United States in violation of a proclamation issued 
under this section, the vessel and the goods on the vessel may be seized 
by, and forfeited to, the United States Government. 
‘‘(2) FINE OR IMPRISONMENT.—A person opposing an official of the 
Government enforcing this section shall be fined under title 18, impris-
oned for not more than 2 years, or both. 
‘‘§ 60506. Retaliation against British dominions of North 
America 
‘‘(a) GENERAL AUTHORITY.—The President by proclamation may pro-
hibit vessels of the British dominions of North America, their masters and 
crews, and products of or coming from those dominions, from entering wa-
ters, ports, or places of the United States when the President is satisfied 
that— 
‘‘(1) fishermen or fishing vessels of the United States in waters, 
ports, or places of the British dominions of North America are being 
or recently have been— 
‘‘(A) denied rights provided by law or treaty; 
‘‘(B) subjected to unreasonable restrictions in the exercise of 
those rights; or 
‘‘(C) otherwise harassed; 
‘‘(2) fishermen or fishing vessels of the United States, having a per-
mit under the laws of the United States to dock or trade at a port 
or place in the British dominions of North America, are being or re-
cently have been— 
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236 
‘‘(A) denied the privilege of entering the port or place in the 
same manner and under the same regulations applicable to trading 
vessels of the most-favored-nation; 
‘‘(B) prevented from buying supplies allowed to be sold to trad-
ing vessels of the most-favored-nation; or 
‘‘(C) otherwise harassed; or 
‘‘(3) other vessels of the United States or their masters or crews in 
waters, ports, or places of the British dominions of North America are 
being or recently have been— 
‘‘(A) denied privileges given to vessels of the most-favored-na-
tion or their masters or crews; or 
‘‘(B) otherwise harassed. 
‘‘(b) COVERAGE AND EXCEPTIONS.—The President may apply a procla-
mation under this section to any of the subjects named, and may include 
exceptions for vessels in distress or need of supplies. The President may 
change, revoke, and renew the proclamation. 
‘‘(c) PENALTIES.—A person violating a proclamation issued under this 
section shall be fined under title 18, imprisoned for not more than 2 years, 
or both. A vessel or goods found in waters, ports, or places of the United 
States in violation of the proclamation may be seized by, and forfeited to, 
the United States Government. 
‘‘§ 60507. Suspension of free passage through Saint Marys 
Falls Canal 
‘‘(a) PURPOSE.—The purpose of this section is to secure reciprocal ad-
vantages for the citizens, ports, and vessels of the United States. 
‘‘(b) GENERAL AUTHORITY.—When the President is satisfied that vessels 
of the United States, or passengers or cargo being transported to a port 
of the United States, are prohibited from passing through a canal or lock 
connected with the navigation of the Saint Lawrence River, the Great 
Lakes, or their connecting waterways, or burdened in that passage by tolls 
or other means that are unreasonable in view of the free passage through 
the Saint Marys Falls Canal allowed to vessels of all countries, the Presi-
dent by proclamation may suspend the right of free passage through the 
Saint Marys Falls Canal for vessels owned by subjects of the country impos-
ing the prohibition, tolls, or other burdens and for passengers and cargo 
being transported to the ports of that country, even when carried in vessels 
of the United States. The suspension shall apply to the extent and for the 
time the President considers appropriate. 
‘‘(c) IMPOSITION OF TOLL.— 
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237 
‘‘(1) IN GENERAL.—During a suspension under this section, the 
President shall impose a toll of not more than $2 per ton on cargo and 
not more than $5 on each passenger. 
‘‘(2) EXCEPTIONS.—Notwithstanding paragraph (1), a toll may not 
be imposed on passengers or cargo landed at Ogdensburg, New York, 
or any port west of Ogdensburg and south of a line drawn from the 
northern boundary of New York through the Saint Lawrence River, the 
Great Lakes, and their connecting channels to the northern boundary 
of Minnesota. 
‘‘(d) COLLECTION OF TOLL.— 
‘‘(1) IN GENERAL.—A toll imposed under this section shall be col-
lected under regulations prescribed by the Secretary of Homeland Secu-
rity. The Secretary may require the master of a vessel to provide a 
sworn statement of the amount and kind of cargo, the number of pas-
sengers, and the destination of the passengers and cargo. 
‘‘(2) PROOF OF LANDING.—When applicable, the Secretary also may 
require satisfactory proof that the passengers and cargo were landed 
at a port described in subsection (c)(2). Until that proof is provided, 
the Secretary may assume the passengers and cargo were not landed 
at such a port, and the amount of a toll that otherwise would be im-
posed is a lien enforceable against the vessel when found in the waters 
of the United States.’’. 
SEC. 10. SUBTITLE VII OF TITLE 46. 
Subtitle VII of title 46, United States Code, as redesignated by section 
9(a) of this Act, is amended as follows: 
(1) The subtitle heading and analysis are amended to read as fol-
lows: 
‘‘Subtitle VII—Security and Drug Enforcement 
‘‘Chapter 
Sec.
‘‘701. Port Security ...............................................................................................
70101
‘‘703. Maritime Security .....................................................................................
70301
‘‘705. Maritime Drug Law Enforcement ......................................................
70501’’. 
(2) Add after chapter 701 the following: 
‘‘CHAPTER 703—MARITIME SECURITY 
‘‘Sec. 
‘‘70301.
Definitions. 
‘‘70302.
International measures for seaport and vessel security. 
‘‘70303.
Security standards at foreign ports. 
‘‘70304.
Travel advisories on security at foreign ports. 
‘‘70305.
Suspension of passenger services. 
‘‘70306.
Report on terrorist threats. 
‘‘§ 70301. Definitions 
‘‘In this chapter: 
‘‘(1) COMMON CARRIER.—The term ‘common carrier’ has the mean-
ing given that term in section 40102 of this title. 
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238 
‘‘(2) PASSENGER
VESSEL.—The term ‘passenger vessel’ has the 
meaning given that term in section 2101 of this title. 
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of the 
department in which the Coast Guard is operating. 
‘‘§ 70302. International measures for seaport and vessel se-
curity 
‘‘Congress encourages the President to continue to seek agreement on 
international seaport and vessel security through the International Maritime 
Organization. In developing an agreement, each member country of the 
International Maritime Organization should consult with appropriate private 
sector interests in that country. The 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 dock-
side 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 vessels. 
‘‘§ 70303. Security standards at foreign ports 
‘‘(a) GENERAL REQUIREMENTS.—The Secretary shall develop and imple-
ment a plan to assess the effectiveness of the security measures maintained 
at foreign ports that the Secretary, in consultation with the Secretary of 
State, determines pose a high risk of acts of terrorism against passenger 
vessels. In carrying out this subsection, the Secretary shall consult with the 
Secretary of State about the terrorist threat that exists in each country and 
poses a high risk of acts of terrorism against passenger vessels. 
‘‘(b) NOTICE AND RECOMMENDATIONS TO OTHER COUNTRIES.—If the 
Secretary, after implementing the plan under subsection (a), determines 
that a port does not maintain and administer effective security measures, 
the Secretary of State (after being informed by the Secretary) shall— 
‘‘(1) notify the appropriate government authorities of the country in 
which the port is located of the determination; and 
‘‘(2) recommend steps necessary to bring the security measures at 
that port up to the standard used by the Secretary in making the as-
sessment under subsection (a). 
‘‘(c) ANTITERRORISM ASSISTANCE.—The President is encouraged to pro-
vide 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.) 
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to foreign countries, especially for a port that the Secretary determines 
under subsection (b) does not maintain and administer effective security 
measures. 
‘‘§ 70304. Travel advisories on security at foreign ports 
‘‘(a) GENERAL REQUIREMENTS.—On being notified by the Secretary that 
the Secretary has determined that a condition exists that threatens the safe-
ty 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 Secretary of 
State, has determined that effective security measures are maintained and 
administered at the port. 
‘‘(c) NOTICE TO CONGRESS.—The Secretary of State shall notify Con-
gress immediately of any change in the status of a travel advisory issued 
under this section. 
‘‘§ 70305. Suspension of passenger services 
‘‘(a) GENERAL AUTHORITY.—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, 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 passenger vessel common car-
rier 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 ensure 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 suspension 
under this section. 
‘‘(c) PENALTIES.— 
‘‘(1) DENIAL OF ENTRY.—If a person operates a vessel in violation 
of this section, the Secretary 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 Government for a civil penalty of not more than 
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$50,000. Each day a vessel uses a prohibited port is a separate viola-
tion. 
‘‘§ 70306. Report on terrorist threats 
‘‘(a) CONTENT.—Not later than February 28 of each year, the Secretary 
shall submit a report to Congress on the threat from acts of terrorism to 
United States ports and vessels operating from those ports. The Secretary 
shall include a description of activities undertaken under title I of the Mari-
time Transportation 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 Transportation of 
the Senate. Any classified information in the report shall be submitted sepa-
rately as an addendum. 
‘‘CHAPTER 705—MARITIME DRUG LAW ENFORCEMENT 
‘‘Sec. 
‘‘70501.
Findings and declarations. 
‘‘70502.
Definitions. 
‘‘70503.
Manufacture, distribution, or possession of controlled substances on vessels. 
‘‘70504.
Jurisdiction and venue. 
‘‘70505.
Failure to comply with international law as a defense. 
‘‘70506.
Penalties. 
‘‘70507.
Forfeitures. 
‘‘§ 70501. Findings and declarations 
‘‘Congress finds and declares that trafficking in controlled substances 
aboard vessels is a serious international problem, is universally condemned, 
and presents a specific threat to the security and societal well-being of the 
United States. 
‘‘§ 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 num-
bered as provided in chapter 123 of this title; 
‘‘(2) a vessel owned in any part by an individual who is a citizen 
of the United States, the United States Government, the government 
of a State or political subdivision of a State, or a corporation incor-
porated under the laws of the United States or of a State, unless— 
‘‘(A) the vessel has been granted the nationality of a foreign na-
tion under article 5 of the 1958 Convention on the High Seas; and 
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