II 118THCONGRESS 1 STSESSION S. 832 To amend section 70108 of title 46, United States Code, to prohibit the Secretary of the Department in which the United States Coast Guard is operating from entering into an agreement relating to assessing the effectiveness of antiterrorism measures at a foreign port with any foreign government that is a state sponsor of terrorism, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH16, 2023 Mr. R UBIO(for himself and Mr. SCOTTof Florida) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend section 70108 of title 46, United States Code, to prohibit the Secretary of the Department in which the United States Coast Guard is operating from enter- ing into an agreement relating to assessing the effective- ness of antiterrorism measures at a foreign port with any foreign government that is a state sponsor of ter- rorism, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:20 Mar 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S832.IS S832 kjohnson on DSK79L0C42PROD with BILLS 2 •S 832 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘International Port Se-2 curity Enforcement Act’’. 3 SEC. 2. FOREIGN PORT SECURITY ASSESSMENTS. 4 Section 70108 of title 46, United States Code, is 5 amended— 6 (1) in subsection (f)— 7 (A) in paragraph (1), by striking ‘‘provided 8 that’’ and all that follows and inserting the fol-9 lowing: ‘‘if— 10 ‘‘(A) the Secretary certifies that the for-11 eign government or international organization— 12 ‘‘(i) has conducted the assessment in 13 accordance with subsection (b); and 14 ‘‘(ii) has provided the Secretary with 15 sufficient information pertaining to its as-16 sessment (including information regarding 17 the outcome of the assessment); and 18 ‘‘(B) the foreign government that con-19 ducted the assessment is not a state sponsor of 20 terrorism (as defined in section 3316(h).’’; and 21 (B) by amending paragraph (3) to read as 22 follows: 23 ‘‘(3) L IMITATIONS.—Nothing in this section 24 may be construed— 25 VerDate Sep 11 2014 23:20 Mar 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S832.IS S832 kjohnson on DSK79L0C42PROD with BILLS 3 •S 832 IS ‘‘(A) to require the Secretary to treat an 1 assessment conducted by a foreign government 2 or an international organization as an assess-3 ment that satisfies the requirement under sub-4 section (a); 5 ‘‘(B) to limit the discretion or ability of the 6 Secretary to conduct an assessment under this 7 section; 8 ‘‘(C) to limit the authority of the Secretary 9 to repatriate aliens to their respective countries 10 of origin; or 11 ‘‘(D) to prevent the Secretary from re-12 questing security and safety measures that the 13 Secretary considers necessary to safeguard 14 Coast Guard personnel during the repatriation 15 of aliens to their respective countries of ori-16 gin.’’; and 17 (2) by adding at the end the following: 18 ‘‘(g) S TATESPONSORS OFTERRORISM AND INTER-19 NATIONAL TERRORIST ORGANIZATIONS.—The Sec-20 retary— 21 ‘‘(1) may not enter into an agreement under 22 subsection (f)(2) with— 23 ‘‘(A) a foreign government that is a state 24 sponsor of terrorism; or 25 VerDate Sep 11 2014 23:20 Mar 27, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S832.IS S832 kjohnson on DSK79L0C42PROD with BILLS 4 •S 832 IS ‘‘(B) a foreign terrorist organization; and 1 ‘‘(2) shall— 2 ‘‘(A) deem any port that is under the juris-3 diction of a foreign government that is a state 4 sponsor of terrorism as not having effective 5 antiterrorism measures for purposes of this sec-6 tion and section 70109; and 7 ‘‘(B) immediately apply the sanctions de-8 scribed in section 70110(a) to such port.’’. 9 Æ VerDate Sep 11 2014 23:20 Mar 27, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S832.IS S832 kjohnson on DSK79L0C42PROD with BILLS