COAST GUARD PORT ASSISTANCE PROGRAM.

SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM.(a) Foreign Port Assessment.—Chapter 701 of title 46, United States Code, is amended—(1) by adding at the end of section 70108 the following:“(e) Limitation on Statutory Construction.—The absence of an inspection of a foreign port shall not bar the Secretary from making a finding that a port in a foreign country does not maintain effective antiterrorism measures.”;(2) by striking “If the Secretary, after conducting an assessment under section 70108, finds that a port in a foreign country does not maintain effective antiterrorism measures,” in section 70109(a) and inserting “Unless the Secretary finds that a port in a foreign country maintains effective antiterrorism measures,”; and(3) by striking “If the Secretary finds that a foreign port does not maintain effective antiterrorism measures,” in section 70110(a) and inserting “Unless the Secretary finds that a foreign port maintains effective antiterrorism measures,”.(b) Assistance Program.—Section 70110 of title 46, United States Code, is amended by adding at the end the following:“(f) Coast Guard Assistance Program.—“(1) In general.—The Secretary may lend, lease, donate, or otherwise provide equipment, and provide technical training and support, to the owner or operator of a foreign port or facility—“(A) to assist in bringing the port or facility into compliance with applicable International Ship and Port Facility Code standards; and“(B) to assist the port or facility in correcting deficiencies identified in periodic port assessments and reassessments required under section 70108 of this title.“(2) Conditions.—The Secretary—“(A) may provide such assistance based upon an assessment of the risks to the security of the United States and the inability of the owner or operator of the port or facility to bring the port or facility into compliance with those standards and to maintain compliance with, or exceed, such standards;124 STAT. 2993“(B) may not provide such assistance unless the port or facility has been subjected to a comprehensive port security assessment by the Coast Guard; and“(C) may only lend, lease, or otherwise provide equipment that the Secretary has first determined is not required by the Coast Guard for the performance of its missions.”.(c) Safety and Security Assistance for Foreign Ports.—(1) In general.—Section 70110(e)(1) of title 46, United States Code, is amended by striking the second sentence and inserting the following: “The Secretary shall establish a strategic plan to utilize those assistance programs to assist ports and facilities that are found by the Secretary under subsection (a) not to maintain effective antiterrorism measures in the implementation of port security antiterrorism measures.”.(2) Conforming amendments.—(A) Section 70110 of title 46, United States Code, is amended—(i) by inserting “or facilities” after “ports” in the section heading;(ii) by inserting “or facility” after “port” each place it appears; and(iii) by striking “Ports” in the heading for subsection (e) and inserting “Ports, Facilities,”.(B) Section 70108(c) of such title is amended—(i) by striking paragraph (2); and(ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.(C) The table of contents for chapter 701 of title 46, United States Code, is amended by striking the item relating to section 70110 and inserting the following: “70110. Actions and assistance for foreign ports or facilities and United States territories.”.