[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2279 Referred in House (RFH)]
2d Session
S. 2279
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2004
Referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
AN ACT
To amend title 46, United States Code, with respect to maritime
transportation security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Maritime
Transportation Security Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents
Sec. 2. Enforcement; pier and wharf security costs.
Sec. 3. Security at foreign ports.
Sec. 4. Federal and State commercial maritime transportation training.
Sec. 5. Transportation worker background investigation programs.
Sec. 6. Report on cruise ship security.
Sec. 7. Maritime transportation security plan grants.
Sec. 8. Report on design of maritime security grant programs.
SEC. 2. ENFORCEMENT; PIER AND WHARF SECURITY COSTS.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended--
(1) by redesignating the second section 70118 (relating to
firearms, arrests, and seizure of property), as added by
section 801(a) of the Coast Guard and Maritime Transportation
Act of 2004, as section 70119;
(2) by redesignating the first section 70119 (relating to
enforcement by State and local officers), as added by section
801(a) of the Coast Guard and Maritime Transportation Act of
2004, as section 70120;
(3) by redesignating the second section 70119 (relating to
civil penalty), as redesignated by section 802(a)(1) of the
Coast Guard and Maritime Transportation Act of 2004, as section
70123; and
(4) by inserting after section 70120 the following:
``Sec. 70121. Enforcement by injunction or withholding of clearance
``(a) Injunction.--The United States district courts shall have
jurisdiction to restrain violations of this chapter or of regulations
issued hereunder, for cause shown.
``(b) Withholding of Clearance.--
``(1) If any owner, agent, master, officer, or person in
charge of a vessel is liable for a penalty or fine under
section 70119, or if reasonable cause exists to believe that
the owner, agent, master, officer, or person in charge may be
subject to a penalty under section 70119, the Secretary may,
with respect to such vessel, refuse or revoke any clearance
required by section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91).
``(2) Clearance refused or revoked under this subsection
may be granted upon filing of a bond or other surety
satisfactory to the Secretary.
``Sec. 70122. Security of piers and wharfs
``(a) In General.--Notwithstanding any other provision of law, the
Secretary shall require any uncleared, imported merchandise remaining
on the wharf or pier onto which it was unladen for more than 7 calendar
days, not including any time the imported merchandise was held in
federal custody, to be removed from the wharf or pier and deposited in
the public stores or a general order warehouse, where it shall be
inspected for determination of contents, and thereafter a permit for
its delivery may be granted.
``(b) Penalty.--The Secretary may impose an administrative penalty
of $5,000 on the consignee for each bill of lading for general order
merchandise remaining on a wharf or pier in violation of subsection
(a), except that no penalty shall be imposed if the violation was a
result of force majeure.''.
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 701 of title 46,
United States Code, is amended by striking the items following
the item relating to section 70116 and inserting the following:
``70117. In rem liability for civil penalties and certain costs
``70118. Withholding of clearance
``70119. Firearms, arrests, and seizure of property
``70120. Enforcement by State and local officers
``70121. Enforcement by injunction or withholding of clearance
``70122. Security of piers and wharfs
``70123. Civil penalty''.
(2) Section 70117(a) of title 46, United States Code, is
amended by striking ``section 70120'' and inserting ``section
70123''.
(3) Section 70118(a) of such title is amended by striking
``under section 70120,'' and inserting ``under that section,''.
SEC. 3. SECURITY AT FOREIGN PORTS.
(a) In General.--Section 70109 of title 46, United States Code, is
amended--
(1) by striking ``The Secretary,'' in subsection (b) and
inserting ``The Administrator of the Maritime
Administration,''; and
(2) by adding at the end the following:
``(c) Foreign Assistance Programs.--The Administrator of the
Maritime Administration, in coordination with the Secretary of State,
shall identify foreign assistance programs that could facilitate
implementation of port security antiterrorism measures in foreign
countries. The Administrator and the Secretary shall establish a
program to utilize those programs that are capable of implementing port
security antiterrorism measures at ports in foreign countries that the
Secretary finds, under section 70108, to lack effective antiterrorism
measures.''.
(b) Report on Security at Ports in the Caribbean Basin.--Not later
than 60 days after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and Committee on Transportation and
Infrastructure of the House of Representatives a report on the security
of ports in the Caribbean Basin. The report shall include the
following:
(1) An assessment of the effectiveness of the measures
employed to improve security at ports in the Caribbean Basin
and recommendations for any additional measures to improve such
security.
(2) An estimate of the number of ports in the Caribbean
Basin that will not be secured by July 2004, and an estimate of
the financial impact in the United States of any action taken
pursuant to section 70110 of title 46, United States Code, that
affects trade between such ports and the United States.
(3) An assessment of the additional resources and program
changes that are necessary to maximize security at ports in the
Caribbean Basin.
SEC. 4. FEDERAL AND STATE COMMERCIAL MARITIME TRANSPORTATION TRAINING.
Section 109 of the Maritime Transportation Security Act of 2002 (46
U.S.C. 70101 note) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Federal and State Commercial Maritime Transportation
Training.--The Secretary of Transportation shall establish a
curriculum, to be incorporated into the curriculum developed under
subsection (a)(1), to educate and instruct Federal and State officials
on commercial maritime and intermodal transportation. The curriculum
shall be designed to familiarize those officials with commercial
maritime transportation in order to facilitate performance of their
commercial maritime and intermodal transportation security
responsibilities. In developing the standards for the curriculum, the
Secretary shall consult with each agency in the Department of Homeland
Security with maritime security responsibilities to determine areas of
educational need. The Secretary shall also coordinate with the Federal
Law Enforcement Training Center in the development of the curriculum
and the provision of training opportunities for Federal and State law
enforcement officials at appropriate law enforcement training
facilities.''.
SEC. 5. TRANSPORTATION WORKER BACKGROUND INVESTIGATION PROGRAMS.
Within 120 days after the date of enactment of this Act, the
Secretary of Homeland Security, after consultation with the Secretary
of Transportation, shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure--
(1) making recommendations (including legislative
recommendations, if appropriate or necessary) for harmonizing,
combining, or coordinating requirements, procedures, and
programs for conducting background checks under section 70105
of title 46, United States Code, section 5103a(c) of title 49,
United States Code, section 44936 of title 49, United States
Code, and other provisions of Federal law or regulations
requiring background checks for individuals engaged in
transportation or transportation-related activities;
(2) setting forth a detailed timeline for implementation of
such harmonization, combination, or coordination;
(3) setting forth a plan with a detailed timeline for the
implementation of the Transportation Worker Identification
Credential in seaports;
(4) making recommendations for a waiver and appeals process
for issuing a transportation security card to an individual
found otherwise ineligible for such a card under section
70105(c)(2) and (3) of title 46, United States Code, along with
recommendations on the appropriate level of funding for such a
process; and
(5) making recommendations for how information collected
through the Transportation Worker Identification Credential
program may be shared with port officials, terminal operators,
and other officials responsible for maintaining access control
while also protecting workers' privacy.
SEC. 6. REPORT ON CRUISE SHIP SECURITY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure a report on the security of ships and facilities used in
the cruise line industry.
(b) Content.--The report required by subsection (a) shall include
an assessment of security measures employed by the cruise line
industry, including the following:
(1) An assessment of the security of cruise ships that
originate at ports in foreign countries.
(2) An assessment of the security of ports utilized for
cruise ship docking.
(3) The costs incurred by the cruise line industry to carry
out the measures required by the Maritime Transportation
Security Act of 2002 (Public Law 107-295; 116 Stat. 2064) and
the amendments made by that Act.
(4) The costs of employing canine units and hand-held
explosive detection wands at ports, including the costs of
screening passengers and baggage with such methods.
(5) An assessment of security measures taken by the
Secretary of Homeland Security to increase the security of the
cruise line industry and the costs incurred to carry out such
security measures.
(6) A description of the need for and the feasibility of
deploying explosive detection systems and canine units at ports
used by cruise ships and an assessment of the cost of such
deployment.
(7) A summary of the fees paid by passengers of cruise
ships that are used for inspections and the feasibility of
creating a dedicated passenger vessel security fund from such
fees.
(8) The recommendations of the Secretary, if any, for
measures that should be carried out to improve security of
cruise ships that originate at ports in foreign countries.
(9) The recommendations of the Secretary, if any, on the
deployment of further measures to improve the security of
cruise ships, including explosive detection systems, canine
units, and the use of technology to improve baggage screening,
and an assessment of the cost of implementing such measures.
SEC. 7. MARITIME TRANSPORTATION SECURITY PLAN GRANTS.
Section 70107(a) of title 46, United States Code, is amended to
read as follows:
``(a) In General.--The Under Secretary of Homeland Security for
Border and Transportation Security shall establish a grant program for
making a fair and equitable allocation of funds to implement Area
Maritime Transportation Security Plans and to help fund compliance with
Federal security plans among port authorities, facility operators, and
State and local agencies required to provide security services. Grants
shall be made on the basis of threat-based risk assessments subject to
review and comment by the appropriate Federal Maritime Security
Coordinators and the Maritime Administration. The grant program shall
take into account national security priorities, national economic, and
strategic defense concerns and shall be coordinated with the Director
of the Office of Domestic Preparedness to ensure that the grant process
is consistent with other Department of Homeland Security grant
programs.''.
SEC. 8. REPORT ON DESIGN OF MARITIME SECURITY GRANT PROGRAMS.
Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure on the
design of maritime security grant programs that includes
recommendations on--
(1) whether the grant programs should be discretionary or
formula based and why;
(2) requirements for ensuring that Federal funds will not
be substituted for grantee funds;
(3) targeting requirements to ensure that funding is
directed in a manner that reflects a national, risk-based
perspective on priority needs, the fiscal capacity of
recipients to fund the improvements without grant funds, and an
explicit analysis of the impact of minimum funding to small
ports that could affect funding available for the most
strategic or economically important ports; and
(4) matching requirements to ensure that Federal funds
provide an incentive to grantees for the investment of their
own funds in the improvements financed in part by Federal
funds.
Passed the Senate September 21, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary.