1625-NEW Statutory Authority

116 STAT. 2080

PUBLIC LAW 107–295—NOV. 25, 2002
‘‘(B) to identify foreign ports that pose a high risk
of introducing terrorism to international maritime commerce;
‘‘(2) the Secretary of the Treasury;
‘‘(3) appropriate authorities of foreign governments; and
‘‘(4) operators of vessels.

‘‘§ 70109. Notifying foreign authorities
‘‘(a) IN GENERAL.—If the Secretary, after conducting an assessment under section 70108, finds that a port in a foreign country
does not maintain effective antiterrorism measures, the Secretary
shall notify the appropriate authorities of the government 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 cooperation with
the Secretary of State, shall operate a port security training program for ports in foreign countries that are found under section
70108 to lack effective antiterrorism measures.
‘‘§ 70110. Actions when foreign ports not maintaining effective antiterrorism measures
‘‘(a) IN GENERAL.—If the Secretary finds that a foreign port
does not maintain effective antiterrorism measures, the Secretary—
‘‘(1) may prescribe conditions of entry into the United States
for any vessel arriving from that port, or any vessel carrying
cargo or passengers originating from or transshipped through
that port;
‘‘(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 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 over or control of that port is notified under
section 70109 unless the Secretary finds that the government
has brought the antiterrorism measures at the port up to
the security level the Secretary used in making an assessment
under section 70108 before the end of that 90-day period; or
‘‘(2) immediately upon the finding 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 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.
‘‘§ 70111. Enhanced crewmember identification
‘‘(a) REQUIREMENT.—The Secretary, in consultation with the
Attorney General and the Secretary of State, shall require crewmembers on vessels calling at United States ports to carry and

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PUBLIC LAW 107–295—NOV. 25, 2002

116 STAT. 2081

present on demand any identification that the Secretary decides
is necessary.
‘‘(b) FORMS AND PROCESS.—The Secretary, in consultation with
the Attorney General and the Secretary of State, shall establish
the proper forms and process that shall be used for identification
and verification of crewmembers.
‘‘§ 70112. Maritime Security Advisory Committees
‘‘(a) ESTABLISHMENT OF COMMITTEES.—(1) The Secretary shall
establish a National Maritime Security Advisory Committee. The
Committee—
‘‘(A) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to national
maritime security matters;
‘‘(B) may make available to the Congress recommendations
that the Committee makes to the Secretary; and
‘‘(C) shall meet at the call of—
‘‘(i) the Secretary, who shall call such a meeting at
least once during each calendar year; or
‘‘(ii) a majority of the Committee.
‘‘(2)(A) The Secretary may—
‘‘(i) establish an Area Maritime Security Advisory Committee for any port area of the United States; and
‘‘(ii) request such a committee to review the proposed Area
Maritime Transportation Security Plan developed under section
70103(b) and make recommendations to the Secretary that
the Committee considers appropriate.
‘‘(B) A committee established under this paragraph for an
area—
‘‘(i) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime
security in that area;
‘‘(ii) may make available to the Congress recommendations
that the committee makes to the Secretary; and
‘‘(iii) shall meet at the call of—
‘‘(I) the Secretary, who shall call such a meeting at
least once during each calendar year; or
‘‘(II) a majority of the committee.
‘‘(b) MEMBERSHIP.—(1) Each of the committees established
under subsection (a) shall consist of not less than 7 members
appointed by the Secretary, each of whom has at least 5 years
practical experience in maritime security operations.
‘‘(2) The term of each member shall be for a period of not
more than 5 years, specified by the Secretary.
‘‘(3) Before appointing an individual to a position on such a
committee, the Secretary shall publish a notice in the Federal
Register soliciting nominations for membership on the committee.
‘‘(4) The Secretary may require an individual to have passed
an appropriate security background examination before appointment to the Committee.
‘‘(c) CHAIRPERSON AND VICE CHAIRPERSON.—(1) Each committee
established under subsection (a) shall elect 1 of its members as
the Chairman and 1 of its members as the Vice Chairperson.
‘‘(2) The Vice Chairman shall act as Chairman in the absence
or incapacity of the Chairman, or in the event of a vacancy in
the office of the Chairman.

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