Washington Continues to Focus on Large and Small Maritime Security Issues
Introduction
As summer temperatures soar to ridiculous heights, work in
9/11 Commission Act
Established by Congress following the September 11, 2001, attacks at the
Both the House and Senate bills initially included provisions allowing airport screeners who work for the Transportation Security Administration (TSA) to engage in collective bargaining. However, when the Senate Republicans – acting at the behest of the Administration – blocked the naming of conferees, the Democrats agreed to strike the provision.
A remaining major sticking point in the House-Senate Conference is how to screen the 11 million cargo containers that come into the
The House-passed FY 2008 Homeland Security Appropriations Bill increased the President’s budget request for port security grants to $400 million in line with last year’s authorization level in the SAFE-Port Act. The Senate-reported bill contains a similar allocation. These funds can be used by ports to implement the new TWIC rules, below.
Reform of the CFIUS Process by Congress Is Complete
In response to last year’s public and political outcry over the proposal by Dubai Ports World to acquire an ownership interest in six major
Whither TWIC?
The TWIC program was first authorized in 2001, then mandated for all maritime workers in the Marine Transportation Security Act of 2002.[2] While the MTSA did not impose a deadline for implementation of TWIC, eventually, in the SAFE-Port Act of 2006,[3] Congress directed TSA to roll-out the TWIC card at the 10 ports of highest risk by July 1, 2007. Approximately 770,000 maritime workers will be required to obtain TWIC cards before the deadline of September 25, 2008.[4] TSA has not, as of this date, been able to meet any of the Congressional deadlines, including its own plan to roll-out the first TWIC program at the Port of Wilmington, Delaware.
Further testing of computer equipment appears to be further delaying the roll-out of TWIC and TSA officials now estimate that the roll-out will not commence until the fall. Experts, including Senator Lautenberg, estimate that TSA has already spent close to $100 million on prototyping and developing the card while issuing fewer than 2000 cards to date. As a result of these extensive delays, Congress is quickly losing patience with TSA and DHS officials. The Senate Commerce Committee held an oversight hearing on the TWIC roll-put plan in April, at which both Chairman Inouye and Ranking Member Stevens expressed concern with the TSA Administrator for failing to meet Congressional deadlines, and another oversight hearing, this time held by the House Coast Guard and Maritime Transportation Subcommittee and chaired by Congressman Cummings (D-MD), took place on July 12, 2007. Chairman Cummings announced at the July 12th hearing that there would be a follow-up hearing in 90 days to review progress.
In the meantime, TSA and the Coast Guard issued a final rule governing the TWIC program,[5] while deferring until 2008 – and for a future rulemaking – a requirement for ports and vessels to have biometric card readers. The Coast Guard also, on July 2, 2007, issued the final version of NVIC No. 03-07 (first released in January), which governs the implementation of the TWIC program in the maritime sector. The NVIC contains: (1) a detailed description of the TWIC enrollment and issuance process; (2) guidance on how vessels and facilities can comply with the TWIC regulation; and (3) guidance explaining the Coast Guard’s enforcement methodology. Members of the maritime industry should carefully review this NVIC in order to prepare for the looming compliance dates: September 25, 2008 for vessels and facilities, although implementation at facilities may occur sooner, as the Coast Guard is phasing in earlier compliance deadlines on a COTP- zone basis. Hopefully, the roll-out to all
Coast Guard Interest in Small Boats?
Now that the Coast Guard has developed programs to secure large vessels and ports and OCS facilities, might the agency start looking at recreational and other small boats? Some initial reports indicate this might well be the case. At a recent National Small Vessel Security Summit in
[2] Pub. L. 107-295.
[3] Pub. L. 109-347.
[4] Testimony of Norman Rabkin, Managing Director, Homeland Security and Justice Issues, GAO, April 12, 2007, before the Senate Commerce Committee.
[5] The final rule is described in detail in the March 2007 issue of Mainbrace, a Blank Rome publication, at www.blankromemaritime.com.