By Ron Thaniel
September 27, 2004

The Senate passed the Maritime Transportation Security Act of 2004 September 22 requiring the Department of Homeland Secretary to identify nuclear facilities near navigable waterways and evaluate the adequacy of their security plans to protect them from damage by a transportation security incident.

The measure also addresses the growing concern of cruise ship security by requiring the Department of Homeland Security to assess the quality of security among cruise ships.

Key to enforcement, the measure subjects vessels in violation of the port security law to civil penalties and directs the Department of Homeland Secretary to review U.S. ports and report to Congress on the practices and policies in place to secure shipment of empty containers.

Homeland Security is required to submit to Congress:

1) a preliminary plan that provides for the coordination of efforts of Federal agencies in collecting maritime information with respect to vessels, crew, passengers, cargo, and cargo shippers; and

2) a report on an intermodal cargo security plan, including progress in the installation of radiation detectors at all major U.S. seaports and willingness of foreign seaports to utilize non-intrusive inspection methods.

S. 2279 does not include user fees on cargo and passenger vessels as a way to help pay for enhanced port security. Currently there is no companion bill in the House.