Maritime Security Legislative Critique

Maritime Security Legislative Critique
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Maritime Security Legislative Critique
Before the 9/11 attack, global maritime transportation risks were a primary concern for companies and countries. However, following the attack, terrorism heightened the need for improved security measures. Terrorism is among the artificial risks critical infrastructure like maritime ports must mitigate daily. Others include smuggling and pilferage. In response to the 9/11 attack, the United States Congress, following the realization that maritime ports are vulnerable entry points for weapons and terrorists, passed the MTSA in 2002 and later, in 2006, strengthened it through the SAFE Port Act. The current paper is a legislative criticism of the two Acts whose purpose is to enhance maritime security.
Maritime Transportation Security Act (MTSA) (2002) and SAFE Port Act (2006)
Legislative History
The MTSA of 2002 was established to amend the Merchant Marine Act of 1936. The purpose of the amendment was to enhance security for seaports and strengthen the supply chain system. In other words, terrorism detection and prevention are among the key priorities of the public port authority. In the Act, combined efforts from the port authorities, the FBI, Department of Homeland Security, the US Coast Guard, the Customs and Border Protection (CBP), Domestic Nuclear Protection Office, Immigration and Customs Enforcement, Transportation Security Administration, and the Federal Emergency Management Agency (FEMA). The extensive collaboration established by the Act highlights the importance of marine ports on the American economy and the security agencies. According to findings for the MTSA, the US has 361 ports handling over $1.3 trillion in cargo per year (Foote, 2017). Therefore, the rippling effect of disruption in the marine industry resulting from internal or external threats can have far-reaching consequences. The Act, therefore, represented a significant shift from the Merchant Marine Act, whose measures on terrorism could not meet the terror threats of the modern world. Thus, the MTSA provides the framework for maritime security concerns to be addressed in the country. The SAFE Ports Act of 2006 was the first addition to this framework. The Act created and codified new initiatives and programs and amended some of the perceived shortcomings within the MTSA.
Core Legislation Points
MTSA was designed, in part, to enhance the security of ports and waterways from threats of terror. Thus, the Act required a wide range of security improvements, including the need for vulnerability assessment for port vessels and facilities, development of security plans for identified risks, development of the Transportation Worker Identification Credential (TWIC) (a biometric identification system), and assessment of foreign ports from which vessels depart for America (Caldwell, 2007). Thus, the MTSA is primarily a security threat mitigation legislation that detects and prevents terrorism. As an addition to this framework, the SAFE Port Act enhances the security stipulations within the MTSA. According t...