S.2279 - Maritime Transportation Security Act of 2004108th Congress (2003-2004)
Summary: S.2279 — 108th Congress (2003-2004)
Passed Senate amended (09/21/2004)
Maritime Transportation Security Act of 2004 - (Sec. 2) Amends Federal shipping law to grant U.S. district courts jurisdiction to restrain violations of certain port security requirements. Authorizes the Secretary of Transportation (Secretary) to refuse or revoke port clearance to any owner, agent, master, officer, or person in charge of a vessel that is liable for a penalty or fine for violation of such requirements. Allows any refused or revoked clearance to be granted upon filing of a bond or other surety satisfactory to the Secretary.
Directs the Secretary to require uncleared, unladen imported merchandise remaining on a wharf or pier for more than seven calendar days (not including any time held in Federal custody) to be removed and deposited in a public store or general order warehouse for inspection, after which a delivery permit may be granted. Authorizes the Secretary to 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 such requirement (except if the violation was a result of force majeure).
(Sec. 3) Shifts from the Secretary to the Administrator of the Maritime Administration responsibility for assessing antiterrorism measures in foreign ports and notifying foreign government authorities of deficiencies and the steps necessary to improve such measures.
Requires the Administrator to identify foreign assistance programs that could facilitate implementation of port security antiterrorism measures in foreign countries. Directs the Administrator and the Secretary to 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 to lack effective antiterrorism measures.
Directs the Secretary of Homeland Security (DHS Secretary) to report to specified congressional committees on the security of ports in the Caribbean Basin.
(Sec. 4) Amends the Maritime Transportation Security Act of 2002 to direct the Secretary to: (1) establish a curriculum to educate and instruct Federal and State officials on commercial maritime and intermodal transportation; and (2) coordinate with the Federal Law Enforcement Training Center in the curriculum development and the provision of training opportunities for Federal and State law enforcement officials at appropriate law enforcement training facilities.
(Sec. 5) Directs the DHS Secretary to report to specified congressional committees on: (1) recommendations to coordinate background checks for all individuals engaged in transportation activities; and (2) a timeline for implementation of the Transportation Worker Identification Credential in seaports.
(Sec. 6) Directs the DHS Secretary to report to specified congressional committees on the security of ships and facilities used in the cruise line industry, including an assessment of certain security measures employed by the industry.
(Sec. 7) Amends Federal shipping law to direct the Under Secretary of Homeland Security for Border and Transportation Security to establish a maritime transportation security plan grant program to implement Area Maritime Transportation Security Plans and help fund compliance with Federal security plans among port authorities, facility operators, and State and local agencies required to provide security devices.
(Sec. 8) Directs the DHS Secretary to report to specified congressional committees on the design of maritime security grant programs.