Legislative Critique
History
The Maritime Transportation Security Act of 2002
The Maritime Transportation Security Act of 2002 came about as a result of the need to offer security to transportation against threats such as smuggling, acts of terrorism, and pilferage. In 2001, the U.S. experienced terrorist attacks due to this; Congress passed the bill in the year 2002 during November. There was, however, some concern regarding the ports’ security even before the terrorist attacks in 2011. The Interagency Commission on Crime and Security in U.S. Seaports in the year 2000, wrote a report noting how the ports were vulnerable to terrorist attacks. Reacting to the report, Senator Hollings introduced the Maritime Transportation Security Act of 2001, which got passed in the year 2002. The Act became law when the president signed it in 2002 as P.L. 107-295 (Maritime Transport Security Act of 2002). The Act directed the U.S. Department of Transportation (D.O.T.) to develop security measures to protect both maritime vessels and facilities. The security measures included acquiring anti-terrorism measures from other countries that had the same. In 2003, these security responsibilities came under Homeland Security. The M.T.S.A. plays several crucial roles that aim to avoid the Transportation Security Incident (T.S.I.). Such functions include; preventing loss of lives, damage to the environment, any disruptions in the transport system or the economy. Since the role of the M.T.S.A. is to identify and avoid threats, port facilities and vessels should strictly follow the Act’s requirements. The M.T.S.A. is an amendment to the Merchant Marine Act (Gasperretti, 2018).
The S.A.F.E. Port act of 2006
In the year 2004, there was a report by the National Commission on Terrorist Attacks In the United States during June. The report shed some light on some of the circumstances that led to the 9/11 attack. Congress reacted to the report by passing the S.A.F.E. Port act of 2006. The Act got enacted in the year 2006 as an addition to the M.T.S.A. act of 2002. The purpose of the Act was to make some changes to existing programs and develop new ones. Some of the Act’s changes were to amend some M.T.S.A. provisions in areas such as Customs-Trade Partnership Against Terrorism (C-TPAT) and Container Security initiative (C.S.I.). The Act also changed some U.S. Customs and Border Protection (C.B.P.) and Transportation Worker Identification Credential (T.W.I.C.) programs. The Act offers a more detailed approach that helps to avoid risks in maritime transportation. The Act got signed into law as Pub.L. 109-347. Dan Lungren introduced the Act in the house in the year 2006 on March 14. It got approved by two committees which House Transportation and Infrastructure and House Homeland Security, on May 4. On September 14, it passed the senate. The house and the senate agreed to the Act on September 30 after the joint conference committee reported it on September 29. It became law on October 13 of 2006 (Jones & Seghetti, 2015).
The Merchant Marine Act
The M.T.S.A. is an amendment of the Merchant Marine Act of 1936. The U.S. Congress did the amendment to put in place a program that would ensure security at the ports. The M.T.S.A. considers the role that the ports play regarding the economy of the U.S., the challenges of having secure ports and terrorism and other security threats to the ports. In section 109, the M.T.S.A. enhances security at the ports through training and education of maritime security. Through training and education of the maritime security, safety at the ports gets ensured. The training takes the form of undergraduate studies to produce security, logistics, and intermodal transportation professionals and to identify and track all suspicious cargo. The S.A.F.E. Port act of 2006 got enacted to fulfill some roles that the M.T.S.A. was not doing to strengthen security at the ports further. The Maritime Transportation Security Act of 2002 (M.T.S.A. Section 109 Implementation: A Report to Congress).
The Maritime Transportation Security Act of 2002
The Act protects maritime workers by ensuring that vessels re seaworthy. The Jones Act covers any injuries that get caused by unseaworthy vessels. The Act encourages security at the ports through screening and proper identification of workers. There are also regular patrols at the ports, and some areas got restricted. Assessing security protocols, developing security plans, performing annual drills, assigning security to each vessel, and implementation of surveillance equipment are also some of the M.T.S.A. regulations. The regulations also cater to the safety of the passengers, the cargo, and the personnel. The M.T.S.A. regulations apply to the port facilities and vessels which fall under the jurisdiction of the U.S.A. The entities that fall under the Act include; tank, cargo, passenger and towing vessels, barges, offshore oil rigs, and the respective port facilities (What is the Maritime Transportation Security Act of 2002? 2015).
The S.A.F.E. Port Act of 2006
The Act helps the C.B.P. to enhance security at the ports. One of the requirements of the SAFE port act is the screening of all containers to check for radiological materials. Due to this, there is a Radiation Portal Monitor Program established by the D.H.S. The program helps to enhance security because anything exceeding the program’s threshold falls under investigation. The program can distinguish weapons from regular cargo. The technology eases the job of C.B.P. officers enabling them to partake in other duties that boost security at the ports. Through the SAFE Act, some programs became law. These include the Customs-Trade Partnership Against Terrorism, through the partnership enhances the safety of the cargo through cooperation by significant stakeholders internationally in the supply chain. The Act also covers the Container Security Initiative, C.B.P. officers get stationed in foreign seaports working with various administrations on developing criteria for identifying dangerous cargo. This process gets done so that only safe shipment gets shipped to the ports of the U.S. (Kerlikowske, 2016).
Strengths and Weaknesses of the M.T.S.A. and the SAFE Act
The strengths of the M.T.S.A. is that it enhances seaport security by ensuring the safety of the workers, the cargo, and passengers. There are, however, some weaknesses in its implementation; The defects of M.T.S.A. include the failure of port facilities to comply with some of the regulations, lack of documentation of annual exams and port checks. Facilities also address deficiencies without Formal Coast Guard Enforcement Action, limited numbers of inspectors, inspectors not carrying out inspections due to spot-checking guidance. Failure of the coast guard to assess M.T.S.A. compliance, lack of proper data recording, and MISLE data limitations makes compliance reporting to have a limited scope. Other weaknesses include insufficient T.W.I.C. regulations, non-uniform tracking technology, and budget cuts. (Maritime Security: Coast Guard Inspections Identify and Correct Facility Deficiencies, but More Analysis Needed of Program’s Staffing, Practices, and Data, 2008). The SAFE Act is very useful in preventing terrorism through the screening of cargo. The system is vulnerable to cybercrime, technology is responsible for monitoring shipment, guiding navigation of vessels, electricity grid and loading and unloading of oil and natural gas (Kerlikowske, 2016)
Recommendations
To ensure full implementation of the M.T.S.A. at the facilities, the Coast Guard Commandant needs to: ensure that there are enough resources for inspection of the facilities. The inspection is essential because it ensures security does not get compromised. They should also identify the best implementation practices and carry out unannounced compliance exams yearly. These practices will improve the efficiency of the M.T.S.A. act. They should also ensure that the MISLE data entry is complete. The data entry will help in data reporting and evaluation of the port (Gasperretti, 2018).
there need to be objectives set in place to protect cyberspace from dealing with the SAFE Act’s weakness. The weaknesses get reduced through the creation of awareness on cybercrimes. Information from The Industrial Controls System Cyber Emergency Response Team is useful in awareness creation of cybercrimes. Sharing information about the vulnerability of the ports to cybercrimes helps port workers to become alert at all times. Computer networks should get included in the security assessments to ensure smooth operations. The strategies mentioned will help in the detection of breaches. There should also be a standard procedure for port personnel to follow in case of a cyberattack; this will reduce the risks involved (Kerlikowske, 2016).
References
Gasperretti, B. (2018). Security Since 9/11: Creating the MaritimeTransportation Security Act and the I.S.P.S. Code. Government Technology & Services Coalitions. Retrieved from https://www.hstoday.us/uncategorized/security-since-9-11-creating-maritime-transportation-security-act-isps-code/
Jones, V., & Seghetti, L. (2015). U.S. Customs and Border Protection: Trade Facilitation, Enforcement, and Security. Congressional Research Service. Retrieved from https://fas.org/sgp/crs/homesec/R43014.pdf
Kerlikowske, R. (2016). Tenth Anniversary of SAFE Port Act. U.S. Customs and Border Protection. Retrieved from https://www.cbp.gov/newsroom/blogs/tenth-anniversary-safe-port-act
(2008). Maritime Security: Coast Guard Inspections Identify and Correct Facility Deficiencies, but More Analysis Needed of Program’s Staffing, Practices, and Data. Retrieved from https://www.govinfo.gov/content/pkg/GAOREPORTS-GAO-08-12/html/GAO-O8-12.htm
Maritime Transport Security Act of 2002. (n.d.). Homeland Security Digital Library. Retrieved from https://www.hsdl.org/c/tl/maritime-transportation-security-act-2002/
(n.d.). M.T.S.A. Section 109 Implementation: A Report to Congress. Retrieved from https://www.hsdl.org/?view&did=467893
What is the Maritime Transportation Security Act of 2002? (2015). The Young Firm. Retrieved from https://www/jonesactlaw.com/faqs/what-is-the-maritime-transportation-security-act-of-2002/