President Signs Maritime Transportation Security Legislation into Law

This is Part I of a two-part series of summaries on P.L. 108-293 and focuses on the provisions related to maritime transportation security, Coast Guard operations, and the authorization of appropriations for the Federal Maritime Commission (FMC) and Coast Guard. (See future issues of ITT for Part II on the various vessel and intermodal security reports required by P.L. 108-293.)

Highlights of these aspects of P.L. 108-293, as discussed in the House-Senate conference report for H.R. 2443, include (partial list):

Maritime Transportation Security

Joint operations center for port security. P.L. 108-293 requires the Secretary of the Department of Homeland Security (DHS Secretary) to submit a report to Congressional committees of jurisdiction regarding the establishment of joint operations centers for port security, and an estimate of the number, location, and costs of such centers that would be necessary to implement the port security measures outlined in the Maritime Transportation Security Act of 2002 (MTSA).

Investigations and pilot projects to enhance U.S. port security. P.L. 108-293 directs the DHS Secretary to conduct certain investigations and pilot projects to enhance the security at American ports and authorizes $35 million for each of the next four fiscal years (FYs) to award grants and to fund programs that would investigate or demonstrate methods of improving port security.

Plan to improve collection, use, etc. of maritime information. P.L. 108-293 also requires the DHS Secretary to develop a plan to improve the collection, collaboration, coordination, dissemination, and use of maritime information by Federal agencies. The DHS Secretary is required to submit this plan to Congressional committees.

Long-range vessel tracking system. P.L. 108-293 requires the DHS Secretary to develop a long-range vessel tracking system consistent with international treaties, conventions, and agreements to which the U.S. is a party, and allows the DHS Secretary to acquire vessel risk profiling data from the private sector.

Delegation of port security authority. P.L. 108-293 authorizes the President to delegate the authority to issue rules and regulations under 50 USC 191 to the DHS Secretary. (50 USC 191 allows for the emergency regulation of vessels in time of national emergency.)

Maritime security transportation grants. P.L. 108-293 directs the DHS Secretary to establish a grant program for implementation of the Area Maritime Transportation Security Plans and Facility Security Plans that will be reviewed by the Federal Maritime Security Coordinator and the Maritime Administration prior to a grant being awarded. In addition, the DHS Secretary is required to transmit a report and provide recommendations for the grant process.

Vulnerability assessments of waters adjacent to nuclear facilities. P.L. 108-293 directs the DHS Secretary to conduct vulnerability assessments of waters adjacent to nuclear facilities in the U.S.

Membership of Area Maritime Security Advisory Committees. P.L. 108-293 requires Area Maritime Security Advisory Committees to include members from the port industry, terminal operators, port labor organizations, and other users of port areas.

Compliance with International Safety Management (ISM) Code. P.L. 108-293 will require foreign flagged vessels on "voyages to nowhere" to comply with the International Safety Management (ISM) Code. P.L. 108-293 amends 46 USC 3201 to require foreign flagged vessels departing and returning to the same U.S. port, or returning to another port under the jurisdiction of the U.S., to comply with the ISM Code when any part of the voyage occurs on the high seas.

National port security centers at colleges. P.L. 108-293 also authorizes the DHS Secretary to establish National Port Security Centers at colleges and universities to conduct these investigations and requires the DHS Secretary to submit to Congress a report annually to ensure that funds authorized under Section 808 of P.L. 108-293 are used to support investigations and pilot programs, outlined in that section.

Coast Guard

Enforcement at maritime facilities; warrantless arrests. P.L. 108-293 adds a new section to 46 USC Chapter 701 to provide the Coast Guard express authority to carry a firearm, to seize property, and to make an arrest while at a maritime facility under guidelines to be approved by the DHS Secretary and the Attorney General. This provision also allows State and local law enforcement personnel to make warrantless arrests for felony violations of duly promulgated Coast Guard security zone regulations.

Security bond for clearance of vessels when owners subject to certain penalties, etc. P.L. 108-293 also establishes in rem liability for any vessel used to violate regulations issued under the authorization of the MTSA in order to recover financial penalties assessed following such violations, and certain costs related to compliance with lawfully issued orders. The Captain of the Port would be authorized to withhold clearance of any vessel if the owner or operators are suspected to be subject to a financial penalty resulting from violations of port security violations. However, P.L. 108-293 allows clearance to be granted upon the filing of a surety bond.

Authorization of FY 2005 Coast Guard appropriations. P.L. 108-293 authorizes FY 2005 appropriations of $5,404,300,000 for the Coast Guard's operating expenses, a 14% increase over FY 2004 levels. This amount includes over $300 million more for port security than was in the FY 2005 budget request.

(Authorization legislation can establish, continue, or modify an agency or program for a fixed or indefinite period of time. It may also set forth the duties and functions of an agency or program, its organizational structure, and the responsibilities of agency or program officials. Authorizing legislation also authorizes the enactment of appropriations for an agency or program. However, separate appropriations legislation is needed to actually fund an agency and provide it with budget authority.)

Federal Maritime Commission

FMC report on sharing and better utilizing ocean shipping information. P.L. 108-293 requires the FMC to transmit to Congressional committees a report on the status of any agreements, or ongoing discussions with, other Federal, State, or local government agencies concerning the sharing of ocean shipping information for the purpose of assisting law enforcement or anti-terrorism efforts. This report would be required to include recommendations on how the FMC's ocean shipping information could better be utilized by it and other Federal agencies to improve port security.

Authorization of FY 2005-2008 appropriations for FMC.P.L. 108-293 authorizes FY 2005-2008 appropriations for the FMC.

P.L. 108-293 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:h2443enr.txt.pdf.

H.R. 2443 conference report (H. Rept. 108-617) available at

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_reports&docid=f:hr617.108.pdf.