Senate Passes Port, Maritime Security Legislation

Senate Passes Port, Maritime Security Legislation

House Maritime Measures Introduced; Ships Linked To Terrorist Network Scrutinized

      The Senate Dec. 20 approved S.1214, legislation that would mandate port security and contingency planning and fund security improvements in the nation's maritime sector, while the U.S. continues to scrutinize the international shipping industry for connections to terrorist activity.
      Similar measures to S.1214 have been introduced in the House of Representatives. The Secretary of Transportation has expressed the Bush administration's interest in working with the sponsor of S.1214, Sen. Ernest Hollings (D-SC), on the measure. Sen. Bob Graham (D-FL) was the initial co-sponsor and the bill drew 13 additional co-sponsors following the Sept. 11 attacks.
      "The destruction that can be accomplished through security holes at our seaports potentially exceed any other mode of transportation," Sen. Hollings said. "And yet we have failed to make seaport security a priority.
      "The U.S. Coast Guard and U.S. Customs Service are doing an outstanding job, but they are outgunned," he said. "In the year 2000, we imported 5.5 million trailer truckloads of cargo. Due to that volume, the U.S. customs service is only able to inspect between 1 to 2 percent of containers."
      S.1214, "The Port and Maritime Security Act of 2001," would authorize $966 million in appropriations through fiscal year 2006 to fund new customs inspectors and agents at U.S. ports, as well as security planning, infrastructure improvements and new cargo screening technology.
      Two bills of the same title and similar intent have been introduced in the House of Representatives.
      H.R.3013 was introduced Oct. 3 by Rep. Corrine Brown (D-FL) and was referred to the Transportation and Infrastructure Committee's Subcommittee on Coast Guard and Maritime Transportation, and also to the Armed Services Committee. At press time, the bill had drawn five cosponsors.
      H.R.3437 was introduced Dec. 6 by Rep. E. Clay Shaw (R-FL). The legislation was referred to the Transportation and Infrastructure, Armed Services and Judiciary Committees, and had 15 cosponsors at press time.
      Additionally, legislation to require that the Coast Guard Sea Marshal program be carried out in the 20 U.S. ports considered to be most vulnerable to terrorist attack was introduced in the House. The Sea Marshal program was included in S.1214 by amendment. The House bill, H.R.3432, was introduced Dec. 6 by Rep. John Cooksey (R-LA).
      Meanwhile, the U.S. military and other federal agencies continue to work with international groups to monitor the maritime sector for terrorist activity and connections to the al-Qaeda terrorist network.
      British authorities Dec. 20 seized a cargo ship, which was registered in the Caribbean island of St. Vincent, in the English Channel. The bulk carrier Nisha was transporting 26,000 metric tons of raw sugar to London when it was intercepted by U.K. police, the Royal Navy and customs based on a tip that the ship was carrying "terrorist materials," according to a report in the Journal of Commerce.
      As of Dec. 24, searches of the ship had uncovered no dangerous substances. However, British authorities were prepared to comb the vessel and said the search may continue for several weeks, according to the report.
      The U.S. Navy and Coast Guard in December conducted interdiction drills off the coast of San Diego to determine whether or not a merchant vessel being used as a weapon by terrorists could be stopped before reaching port. The exercise reportedly involved two auxiliary Coast Guard vessels playing the role of terrorist ships while the cutter Long Island defended the port, according to a report in Lloyd's List.
      At press time, 23 vessels considered to be connected to the al-Qaeda network were being tracked. A majority of these ships are said to be smaller bulk carriers registered under flags of convenience operating in the Middle East and North Africa.
      Associates of Osama bin Laden have acquired this fleet of ships in recent years "primarily to facilitate the smuggling of high-quality heroin and hashish from Afghanistan to the West," according to a separate report in Lloyd's List.
      According to a report from the Congressional Information Bureau, some of the ships being tracked by the U.S. Sixth Fleet naval force are in the Mediterranean Sea. The surveillance effort is being assisted by increased cooperation between U.S. agencies and international sources, many of which have not previously participated in the U.S. intelligence network.
      Improved coordination between U.S. federal, state and local agencies and a greater level of information sharing are among the goals of S.1214.
      The legislation has undergone significant change since its introduction July 20. The Senate Commerce, Science and Transportation Committee approved the bill in August. At that time, it was designed to counter smuggling, cargo theft and other criminal activities in the nation's ports.
      The amended version of S.1214 passed by the Senate would:

Establish a National Maritime Security Advisory Committee to facilitate sharing of information among federal agencies, state and local agencies and private sector security firms
Mandate the establishment of local port security committees to help coordinate the efforts of federal agencies, port staff and local law enforcement
Require ports to create comprehensive security plans
Limit access to sensitive areas within U.S. ports, restrict access to weapons and require background checks of employees.
Require ships to electronically transmit cargo manifests to a port in order to receive clearance to enter
Boost the level of reporting and documentation for imported cargoes and for passengers traveling aboard ships
Establish a Sea Marshal program in order to allow the Coast Guard to board and travel aboard ships as they enter U.S. ports

In addition to authorizing grants and appropriations to fund its requirements, the revised legislation would also suspend through fiscal year 2006 a decrease in tax rate paid by cargo ships calling at U.S. ports. The projected revenue from the current tax rate is $219 million, which would be applied to port security. In all, S.1214 would provide more than $1.1 billion to fund improvements. The legislation would also provide $166 million for loan guarantees through 2006. The appropriation would guarantee up to $3.3 billion in loans for port security infrastructure improvements. Under S.1214 the Maritime Administration would be able to authorize loan guarantees for up to 87.5 percent of the value of commercial financing for port security infrastructure improvements, just as shipbuilding loans are guaranteed through Title XI of the 1936 Merchant Marine Act.

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