Details of the Senate Committee-Approved Maritime Transportation Security Act of 2004

(Congressional sources have confirmed that one of the amendments adopted by the Committee prior to its reporting of S. 2279 eliminated a proposed port security fee.)

The following are highlights of S. 2279 as amended and reported by the Senate Commerce, Science, and Transportation Committee (S. 2279):

$5,000 Penalty for GO Merchandise Remaining on Wharf/Pier After 5 Days

S. 2279 would amend 46 USC Chapter 701 so that it requires the Secretary of Homeland Security (Secretary) to require any uncleared, imported merchandise remaining on the wharf or pier onto which it was unladen for more than 5 calendar days to be removed from the wharf or pier and deposited in the public stores or a general order (GO) warehouse, where it will be inspected for determination of its contents, and thereafter a permit for its delivery may be granted.

S. 2279 would also allow the Secretary to impose an administrative penalty of $5,000 for each bill of lading for GO merchandise remaining on a wharf or pier in violation this new provision.

Report to Congress on the Secure Shipment of Empty Containers

Within 90 days of enactment, the Secretary would be required to review U.S. ports, and transmit to Congress a report on the practices and policies in place to secure shipments of empty containers. This report would be required to include recommendations with respect to whether additional regulations or legislation is necessary to ensure the safe and secure delivery of cargo and to prevent potential acts of terrorism involving such containers.

Information Collection System for Vessels, Cargo, Crew, Etc.

S. 2279 would require the Secretary, within 90 days of enactment, to submit to Congress a report that provides a preliminary plan for the implementation of 46 USC Section 70113. (Section 70113 requires the Secretary to establish a coordinated system of collecting information on vessels, crews, passengers, and cargo aimed at improving maritime domain awareness.) According to S. 2279, this plan shall, among other things, (1) identify Federal agencies that can provide maritime information relating to vessels, crew, passengers, cargo, and cargo shippers; (2) provide a time line for the agencies to coordinate their efforts; (3) contain recommendations on co-locating agency personnel to reduce costs and increase efficiency; (4) etc.

Reports to Congress on Cargo Security, Non-Intrusive Inspections, Etc.

S. 2279 would require the Secretary, within 180 days of enactment, to submit to Congress a report containing the following:

Secure systems of transportation (SST). A plan, along with timelines, for the implementation of 46 USC Section 70116. (Section 70116 requires the establishment of a program to evaluate and certify secure systems of international intermodal transportation.)

According to S. 2279, this plan, among other things, shall (1) contain an analysis of the feasibility of establishing a user fee in order to be able to evaluate, certify, and validate SST; (2) contain an analysis of the need and feasibility of establishing a system to inspect, monitor, and track intermodal shipping containers within the U.S.; and (3) contain an analysis of the need and feasibility for developing international standards for SST, including recommendations, consistent with the provisions of 46 USC Section 70116.

Screening equipment at foreign ports. A report on whether and to what extent foreign seaports have been willing to utilize screening equipment at their ports to screen cargo, including the number of cargo containers that have been screened at foreign seaports, and the ports where they were screened. This report would also be required to indicate, among other things, which foreign ports may be willing to utilize their screening equipment for cargo exported for import into the U.S. and ways to increase the efficiency of the targeting and screening activities of CBP inspectors who are stationed outside the U.S.

Compliance with security standard programs. A plan to establish, validate, and ensure compliance with security standards that would require ports, terminals, vessel operators, and shippers to adhere to security standards established by or consistent with the National Transportation System Security Plan.

Double Inspections Possible if Intermodal Container Targeting Found Insufficient

S. 2279 would require the Inspector General of DHS, within 6 months after the date of enactment, and annually thereafter, to evaluate the system used by DHS to target international intermodal containers for inspection and report the results of the evaluation to Congress.

If the Inspector General determines in any of the reports that the targeting system is insufficiently effective as a means of detecting potential acts of terrorism utilizing international intermodal containers, then within 12 months after that report, the Secretary shall double the number of containers subjected to intrusive or non-intrusive inspection at U.S. ports or to be shipped to the U.S. at foreign ports.

Other Provisions in S. 2279

S. 2279 also contains provisions that would (partial list):

"in rem" liability, enforcement, etc. - amend 46 USC to, among other things, require vessels subject to and in violation of the regulations in 46 USC Chapter 701 be liable in rem for any civil penalty assessed pursuant to 46 USC Section 70120.

Report on Caribbean Basin port security - require the Secretary, within 60 days of enactment, to submit a report to Congress on the security of ports in the Caribbean Basin.

Maritime Transportation Security Plan grants - establish a grant program for making 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.

Assistance for foreign ports - require the Administrator of the Maritime Administration to identify foreign assistance programs that could facilitate implementation of port security antiterrorism measures in foreign countries and establish a program to utilize such programs.

Transportation worker background investigation programs - require, within 120 days of enactment, a report to Congress with recommendations related to transportation worker background investigations, a plan for implementation of the Transportation Worker Identification Credential, etc.

(See ITT's Online Archives or 05/17/04 news, 04051705, for previous BP summary on S. 2279.)

S. 2279, as reported, is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:s2279rs.txt.pdf.

Senate Commerce, Science, and Transportation Committee report (S. Rept. 108-274) is available at http://thomas.loc.gov/cgi-bin/cpquery/R?cp108:FLD010:@1(sr274).