Transportation Security Plans News

Before port states became hyper-sensitive to security issues, shore leave was natural part of a seafarer’s life. You worked long and hard hours at sea, often for extended periods of time on long voyages. When the ship reached port, you went ashore and decompressed, connecting with family and friends. That and much more changed after the terrorist attacks of 11 September 2001. The IMO adopted the International Ship and Port Facility Security (ISPS) Code mandating enhanced security onboard vessels subject to the SOLAS Convention.

GAO finds it is broken, and now the question is; can it be fixed? Recently, the U.S. Government Accountability Office (GAO) issued a scathing report on the Transportation Worker Identification Credential (TWIC) electronic reader pilot test and on the TWIC program in general. The GAO said that the test of the electronic readers that are intended to largely automate access of credentialed maritime workers into secure areas not only failed, but that test results were so badly gathered that it is impossible to determine exactly where the problems lie and what needs to be corrected.

The President’s FY 2005 request includes $46 million in port security grants to be administered by the Office of Domestic Preparedness. The Maritime Transportation Security Act authorizes the Secretary of Transportation, acting through the Maritime Administrator, to make port security grants to port authorities, facility operators, and state and local governments. These grants may be used to correct vulnerabilities in port security and ensure compliance with Area Maritime Transportation Security Plans and facility plans. In Fiscal Years 2002, 2003 and 2004 a total of $588 million has been appropriated for these grants. Of that amount, $442 million has been awarded. An additional round of grants in expected to be made later this year.

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.

Representative Harman (D-CA) and Senator Collins (R-ME) introduced companion bills (H.R. 1731 and S. 855) to improve the security of the Nation’s ports by providing Federal grants to support Area Maritime Transportation Security Plans and to address vulnerabilities in port areas identified in approved vulnerability assessments or by the Secretary of Homeland Security. (HK Law)

Senator Collins (R-ME) introduced the Port Security Grants Act of 2005 (S. 855). Representative Harman (D-CA) introduced the companion Port Security Grants Act of 2005 (H.R. 1731). The bills are intended to improve the security of U.S. ports by providing grants to support Area Maritime Transportation Security Plans and address vulnerabilities identified in port security assessments. Source: HK Law

Senator Stevens (R-AK) introduced the Transportation Security Improvement Act of 2005 (S. 1052). The bill, if enacted into law, would make changes to all transportation modes. In the maritime sector, it would require Area Maritime Transportation Security plans to include a salvage response plan. It would require importers shipping goods to the United States via cargo containers to supply entry data under advance notification requirements. It would also require the Secretary of Homeland Security to conduct a study of the feasibility and desirability of establishing a system of waterborne and port-related intermodal transportation user fees to provide funding for enhanced port security. (HK Law)

The official text of the Port Security Improvement Act of 2006 (H.R. 4954), which was passed by Congress just before its recent recess, has been posted on the Internet. The measure provides for, among other things, the inclusion of salvage response provisions in all Area Maritime Transportation Security Plans; the phased distribution of transportation worker identification credentials (to be accompanied by a pilot program to test card reader technology); long-range vessel tracking provisions; authorization for port security grants (based on risk) in the amount of $400 million annually; and codification of the Customs-Trade Partnership Against Terrorism (C-TPAT) program. The bill now awaits the President's signature. Source: HK Law

Navigating through U.S. By Dennis L. Holland & Knight, Washington, D.C. The U.S. Maritime Transportation Security Act (MTSA) imposes various maritime security requirements on operating in waters subject to the jurisdiction of the United States. Maritime security regulations promulgated by the U.S. Coast Guard implement some (but not all) of the MTSA requirements and impose some additional requirements. In other words, Congress has imposed various requirements on the owners and operators of ships navigating waters of the United States and the U.S. Coast Guard has not provided full guidance on how to comply with those legislative mandates.

On December 30, 2002, the U.S. Coast Guard published a Notice of meetings and a request for comments relating to maritime security (67 Fed. Reg. 79742). Following are some thoughts on this important issue. I must commence by stating that I have the highest respect for the Coast Guard. The maritime and port security missions are vital to the U.S. and the world. There is no agency better qualified to lead this important program. Congress has assigned heavy responsibilities to the Coast Guard and, at the same time, required that the initial work be done in an impossibly short time. The Coast Guard is accustomed to working in real time and will accomplish the mission in the shortest possible period. While the U.S.