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House and Senate approve SAFE Port legislation
Bill awaiting President's signature may impact future security ID system for mariners
A conference of the Senate and House of Representatives Sept. 29 approved the SAFE Port Act (H.R. 4954), which among other things will increase screening of incoming cargo and expand security measures and infrastructure at U.S. ports. At press time, the legislation was awaiting the President's signature.

Earlier versions of the SAFE Port Act would have waived the Jones Act for anchor-handling vessels operating near Alaska. The language waiving the Jones Act was removed from the final version of the legislation approved by Congress. American Maritime Officers staunchly opposed the Jones Act waiver and worked with the Maritime Cabotage Task Force on the successful lobbying effort to have it stricken.

Separately, the SAFE Port Act contains provisions to speed up the timeline for establishment of a transportation security card system for port and maritime industry workers, such as the controversial plans for the Transportation Worker Identification Credential (TWIC) system presented earlier this year by the Coast Guard and Transportation Security Administration.

The SAFE Port Act establishes guidelines for coordinating the application process for merchant mariner documents and what it terms 'transportation security cards.' Final rulemakings have not yet been issued on the proposed TWIC system or the Coast Guard's proposal for consolidating merchant marine licenses and endorsements into one credential. The language in the SAFE Port Act is likely to affect the final form of the process for obtaining and renewing merchant mariner documents and licenses.

The approval of the SAFE Port Act (Security and Accountability for Every Port) was hailed by its author, Sen. Patty Murray (D-WA), as "a commitment to securing our ports and keeping our citizens safe."

The SAFE Port Act, according to Sen. Murray, would improve security at U.S. ports by establishing:
  • The 'GreenLane,' composed of supply chain participants who voluntarily meet the highest level of security--which allows U.S. security services to better identify and respond to potential threats and provides incentives to importers to enhance supply chain security measures
  • Minimum security standards for all cargo containers entering the U.S. and requirements strengthening current cargo security programs
  • The Office of Cargo Security Policy to ensure accountability and coordination of cargo security policies, procedures and regulations at the Department of Homeland Security, and with other agencies
  • Joint operations centers to ensure a coordinated, measured response and the resumption and flow of commerce in the event of an incident or heightened national security threat level
  • The SAFE Port Act also authorizes port security grants, the Container Security Initiative and the Customs-Trade Partnership Against Terrorism
"Our nation's ports have become enormous security operations," said Sen. Ted Stevens (R-AK), chairman of the Commerce Committee and a co-sponsor of the SAFE Port Act. "To fully address security of our ports, it is important that we appreciate the impact security requirements might have on economic efficiencies in transportation and trade. We must strive to be a secure state without becoming a security state."

No Jones Act waiver in SAFE Port Act

Earlier versions of the SAFE Port legislation would have waived the Jones Act (Merchant Marine Act of 1920) for offshore support vessels to place, remove and transport anchors and related equipment in service of drilling operations in the Beaufort and Chukchi Seas between Alaska's northern coastline and the Arctic Ocean.

The language that would have waived the Jones Act for such vessels was removed. The version of the legislation that was approved contains language essentially allowing limited access for support vessels to perform specific anchor-handling tasks if it is determined that no U.S.-flagged vessels are available to perform the same service. The Jones Act is not waived or directly referenced in the SAFE Port Act.

The 'transportation security card'

The SAFE Port Act will probably have an impact on the ongoing development of a Transportation Worker Identification Credential program and the extent to which such a system would apply to merchant mariners.

Section 104 of the conference report on the SAFE Port Act states the Transportation Security Administration and the Coast Guard "shall concurrently process an application from an individual for merchant mariners documents" and "an application from that individual for a transportation security card."

The SAFE Port Act also stipulates that, no later than Jan. 1, 2009, an application for a 'transportation security card' shall be processed and approved or denied for individuals holding valid merchant mariner documents on the date of the legislation's enactment.

The section establishes a schedule for the 'transportation security card' program that includes evaluating U.S. ports and prioritizing implementation of the program port-by-port based on risk, vulnerabilities and other factors.

Notably, the SAFE Port Act would accelerate the timetable for establishing the unspecified 'transportation security card' program by amending U.S. Code Section 70111. The SAFE Port Act requires that, one year after it becomes law, "crewmembers on vessels calling at U.S. ports carry and present on demand any identification" the government decides is necessary. It also directs the government to "establish the proper forms and process that shall be used for identification and verification of crewmembers" within one year of its enactment.

The proposed rulemaking on the TWIC system, among other things, would establish a concurrent application process for the TWIC and merchant mariner document. However, there were several flaws and discrepancies in the process set forth by the TWIC proposed rulemaking.

AMO, several unions and other maritime interests filed written objections to the TWIC proposal on numerous grounds. One such concern is the impediment to a mariner's ability to obtain the credentials necessary to work while undergoing redundant background checks by the Transportation Security Administration and the Coast Guard.

That particular concern is addressed in passing by the SAFE Port Act, which calls for the comptroller general of the U.S. to conduct a study to identify "redundant background checks" inherent in the new security regime and report the findings to Congress.

In reference to the proposed TWIC system, AMO recommended that the merchant mariner document (or some future form of that credential) be allowed to serve as a 'transportation security card' for merchant mariners and, if necessary, the Coast Guard screening process be enhanced to meet any new standards for criminal record and background review of applicants.

The SAFE Port Act also mandates a pilot program for security card readers. The program would begin no later than 180 days after the legislation's enactment. The pilot program would test the technology and processes necessary for security card readers to work, as well as the impact of those readers on operations in the maritime transportation system, at no fewer than five distinct locations. The pilot program would be conducted in conjunction with the issuance of 'transportation security cards' to make sure they are compatible with the card readers.
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