Security Bill News

International Transport Intermediaries Club (ITIC) has urged ship brokers and managers to check the terms of their charterparty agreements closely before signing, in order to avoid costly mistakes further down the line.By way of illustration, ITIC cites the case of the manager of a tanker entering West African waters who believed that the terms of a charterparty provided that armed guards were to be appointed at the charterer’s expense. The manager duly appointed the guards for the voyage at a cost of $ 170,000, but the charterer refused to pay the invoice.The terms of the charterparty did in fact include provisions relating to the appointment of armed guards…

International Transport Intermediaries Club (ITIC) has urged ship brokers and managers to check the terms of their charterparty agreements closely before signing, in order to avoid costly mistakes further down the line.By way of illustration, ITIC cites the case of the manager of a tanker entering West African waters who believed that the terms of a charterparty provided that armed guards were to be appointed at the charterer’s expense. The manager duly appointed the guards for the voyage at a cost of $170…

Congresswoman Hahn’s Port Security Bill Passes the House. Congresswoman Janice Hahn’s port security legislation has passed the U.S. House of Representatives by a vote of 411 to 9. H.R. 4005 “Gauging American Port Security Act” or GAPS Act directs the Department of Homeland Security to conduct a comprehensive classified examination of remaining gaps in port security and prepare a plan to address them. “The loopholes that continue to exist in port security keeps me up at night,” said Rep. Hahn. “My first question as a member of the Homeland Security Committee was to Lee Hamilton, vice chair of the 9/11 Commission, on what Congress should be doing to protect our ports. Mr. Ships make 50,000 calls a year on U.S. ports, carrying two billion tons of freight and 134 million passengers.

The House Homeland Security Committee today approved needed reforms to the Transportation Worker Identification Credential (TWIC) program that would eliminate financial and logistical burdens faced by transportation workers under this federal security program. The Transportation Trades Department, AFL-CIO (TTD) supports language in the Securing Maritime Activities through Risk-based Targeting Act, known as the SMART Port Security Act (H.R.4251), which would postpone requiring workers to renew TWIC cards in the absence of Department of Homeland Security (DHS) final regulations mandating biometric card readers. The bill also includes essential reforms to the enrollment, activation, issuance and renewal process.

According to a report on http://www.thenationonlineng.net, the Maritime Workers Union of Nigeria (MWUN) today threatened to shut down seaports to protest the planned establishment of another body--Maritime Security and Safety Agency. MWUN stated this in a petition signed by its President, Tony Nted and Secretary-General, Aham Ubani, and sent to Nigerian President, Goodluck Jonathan. The petition, which made available to the News Agency of Nigeria (NAN) in Lagos, was copied to the Senate President, the Speaker of the House of Representatives and the Minister of Transport. The union claimed that the Presidential Implementation Committee on Maritime Safety and Security (PICOMSS) planned to establish another agency, which it said, was unacceptable.

Representative Harman (D-CA) introduced the Reducing Over-Classification Act of 2007 (H.R. 4806) to require the Secretary of Homeland Security to develop a strategy to prevent the over-classification of homeland security and other information and to promote the sharing of unclassified homeland security and other information, and for other purposes. (HK Law)

The Maritime Transport Security Bill has been introduced in the Australian Parliament. When introducing the bill, John Anderson, Minister for Transport and Regional Services, discussed (on pages 19637-19639 of the Hansard) the threat posed by terrorism and the importance of seaborne trade. As proposed, the bill would establish a regulatory framework centered around development of security plans for ships and other maritime transport operations. It would, among other things, codify the ISPS Code into domestic law. Source: HK Law

Representative Millender-McDonald (D-CA) introduced the United States Seaport Multiyear Security Enhancement Act (H.R. 3712) to improve seaport security. If enacted, the bill would authorize $800 million annually for funding of seaport security projects. (Source: HK Law)

Senator Boxer (D-CA) introduced the United States Seaport Multiyear Security Enhancement Act (S. 2240) to improve seaport security. The measure, if enacted, would authorize the appropriation of $800 million each year through FY 2009 for port security grants. It would also authorize the awarding of multi-year grants. (HK Law).

Representative Sanchez (D-CA) introduced a bill (H.R. 4355) to strengthen port security by establishing an improved container security regime, to expand on the Maritime Transportation Security Act of 2002, to strengthen the Coast Guard port security mission, and for other purposes. In a Media Advisory, Representative Sanchez summarized the purposes of the bill. She also released an advance copy of the bill, called the Secure Containers from Overseas and Seaports from Terrorism Act or Secure COAST Act. (HK Law).

Text of H.R. 4824 – the Extremely Hazardous Materials Transportation Security Act of 2004 – has been posted on the Internet. This bill, if enacted, would require the Secretary of Homeland Security to promulgate detailed regulations relating to security measures for shipment of extremely hazardous materials. For purposes of this measure, “extremely hazardous material” would mean: a material that is toxic by inhalation; a material that is extremely flammable; a material that is highly explosive; and any other material designated by the Secretary to be extremely hazardous. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:h4824ih.txt.pdf

Like so many areas of our economy since the terrorist attacks of September 11, the port and maritime areas of the United States are being scrutinized for vulnerability to terrorism. Catastrophic scenarios are all too easy to imagine, and the threats can come from so many directions. To illustrate the complexity of the maritime law enforcement challenge, the Coast Guard Commandant, Admiral James M. "Imagine for a moment the information requirements associated with a hypothetical 6,000 TEU flag-of-convenience container ship with a multi-national crew cobbled together by a hiring agent who works for an Algerian vessel operator who chartered the vessel from a Greek ship owner whose corporate offices are in the Cayman Islands.

In late December, the United States Senate approved a 95-page bill to enhance security at our nation's ports. Action on counterpart legislation in the House may take place in a few weeks. S. 1214 is entitled the "Port and Maritime Security Act of 2001." Its primary sponsor is Senator Hollings of South Carolina. Provisions of interest include: (1) a private sector advisory committee to help the U.S. Secretary of Transportation address port and maritime security issues; (2) security vulnerability assessments at all ports and waterfront facilities; (3) local port security committees, with private sector participation; (4) Coast Guard "sea marshals" who may board and ride certain arriving vessels of high risk; and (5) loan guarantees and grants to help finance port security improvements.

U.S. port authorities are pleased about the passage of H.R. 3983, the “Maritime Transportation Antiterrorism Act of 2002,” by the House Transportation and Infrastructure (T & I) Committee on March 20. “We thank Chairman Don Young (R-AK) of the House T & I Committee, and Subcommittee Chairman Frank LoBiondo (R-NJ) of Coast Guard and Maritime Transportation, for their leadership on moving to address maritime security,” said Kurt J. Nagle, president of the American Association of Port Authorities (AAPA). “We are encouraged about the $225 million authorized for Federal grants to help ports enhance seaport security, and the local flexibility provided for vessels and facilities to address terrorism at America’s ports.

Port security concerns are already resulting in crewmembers and caro being denied entry to U.S. ports. Even before Congress enacts a port security bill, Coast Guard and the Immigration and Naturalization Service (INS) are using their current authority to turn vessels with suspicious cargo away from port and deny crewmember shore leave. At the same time, Coast Guard is continuing to press the International Maritime Organization (IMO) to adopt significant new port security requirements on an international basis. In a recent incident, the Coast Guard did not allow a French ship to offload container cargo that was mislabeled and considered to be dangerous to the port.

During a meeting of the Conference Committee that is attempting to draft a unified U.S. Port Security Fee be assessed to fund various port security initiatives. $1 per metric ton of other cargo. Based on calendar year 2000 data, this would collect approximately $692 million each year. The monies, to be collected by the Customs Service, would be deposited in a new Port Security Trust Fund. be allocated to ports for security enhancements. Of the remainder, 25 percent would be set aside for discretionary grants for protection of miscellaneous maritime assets and for shipper security programs and the other 25 percent would be available to generic security programs at the Maritime Administration, TSA, Customs, and the Coast Guard.

The White House has embarked on a full-scale effort to sell the new federal cabinet level Department of Homeland Security. While the Congress does not seem to oppose the creation of the new department, they will no doubt reshape the make up as the project works its way through the system. Once the Congress starts adding and subtracting from what will go into the agency the process will become quite unpredictable. The stated purpose of the new agency would be to be the repository or clearinghouse of all domestic terrorism intelligence, merging some 22 agencies with 170,000 employees. At first blush it would appear the agency would be driven by the US Customs and Secret Service [both from Treasury] and the Transportation Security Agency [from Transportation (DOT)].

The Senate Committee on Government Affairs released its version of the Homeland Security legislation. It is entitled the National Homeland Security and Combating Terrorism Act of 2002 (S. 2452). Under this bill, the Directorate of Border and Transportation Security within the new Department of Homeland Security would consist of the Customs Service, the U.S. Coast Guard, the Animal and Plant Health Inspection Service (APHIS), and the Transportation Security Administration (TSA). The measure provides that the Customs Service and the Coast Guard are to remain distinct entities. Source: HK Law

Senator Hollings' port security bill, which puts into action transportation recommendations from the 9-11 Commission Report, passed the Senate last night and now must be approved by the House of Representatives. "I am glad the full Senate has acted," Senator Hollings said. "We're saying port security is a priority. We are implementing the 9-11 transportation recommendations, and long-standing concerns I have had regarding the security of our nation's ports. The bill, the Maritime Transportation Security Act of 2004, was first introduced last April even before the Commission's Report was out. Federal grants to help ports around the country implement security plans must be awarded based on risk assessment…

Recognizing the expanded need for coordination and information sharing between the federal, state and local governments at our ports, Gov. Schwarzenegger signed an executive order creating the California Maritime Security Council (CMSC). "California's ports are vital not only to our own economy, but to the nation's economic health as well. Our state handles nearly half of all the port traffic in the United States and more than $4.5 billion in cargo moves through the Port of San Diego every year," said Gov. Schwarzenegger. Reports recently published by the Rand Corporation and the Public Policy Institute of California underscored the importance of California's ports and the devastating impact a catastrophic event would have on California's economy.

Congress has approved a homeland security bill with measures that increase port security and that emphasizes Wi-Fi wireless solutions, according to WiFi Wireless, Inc., a company which markets an end-to-end wireless tracking and monitoring system for shipping containers. The bill provides new steps to prevent terrorism at sea ports such as putting nuclear, chemical or biological devices into the 11 million shipping containers entering the country every year. Further measures are expected. The Senate passed the bill by a voice vote and President Bush has signed it into law. Senator Susan Collins, chairwoman of the Homeland Security and Governmental Affairs Committee, said the legislation would be a "major leap ahead" in strengthening national security.

Congress has passed the Security and Accountability for Every (SAFE) Port Act of 2006, the first legislation of its kind to authorize an annual federal funding level to help secure United States ports against terrorism. The bill, H.R. 4954, calls for $400m in federal Port Security Grant (PSG) funding for each of the next five years to help increase security in the maritime transportation system. recognized Representatives Dan Lungren (R-CA) and Jane Harman (D-CA) for introducing and moving their version of the port security legislation through the House. He credited Senators Susan Collins (R-ME; chair, Senate Committee on Homeland Security & Government Affairs) and Patty Murray (D-WA)…

According to the SB Sun, California would get $30m for a controversial fence along the Mexican border under a Senate plan that allocates $288m for nationwide construction on the border. The measure, which also sets aside $65m for border security - including 1,000 new Border Patrol agents - is one of several spending bills the Senate is expected to consider this week that would provide billions of dollars to California for such projects as food stamps, wildfire protection and Inland Empire perchlorate treatment. But the $31.7b Department of Homeland Security bill is by far the largest and would provide some of the most direct funding for California's anti-terrorism efforts and its attempts to block illegal immigration.