Legislative Critique of Maritime Transportation and Security Act of 2002

Abstract

The Maritime Transportation and Security Act of 2002 has been an important legislative development enacted in response to the terrorist attacks of September 9, 2001. This research paper is aimed at examining the historical development, main points, strengths and weaknesses of the bill. The paper has used qualitative research methods to critically examine the effectiveness of law in practical arena by analyzing news media reports, other critiques on the legislation and available witness testimonies. The paper also suggests some recommendations in the legislation of MTSA to strengthen its security provisions.

Table of Contents

Abstract1

Introduction3

Brief legislative History of the Bill3

Port and Maritime Security Act of 20014

Summary of the Main Points of the Bill5

Strengths of the Legislation7

Stabilized Security7

Integration of Technology Measures8

Inspection and Assessment8

Increment in Budget8

Weaknesses of the Legislation9

Limited Number of Ports Covered by Vessel Identification System9

Port Security Assessments10

Individual Approval of security Plans for Foreign Vessels11

Duplication of Maritime Intelligence Efforts11

Differences between MTSA Grant Requirements and Current TSA Grant Program12

Recommendations for Strengthening Legislation12

Conclusion13

End Notes14

Legislative Critique of Maritime Transportation and Security Act of 2002

Introduction

The Maritime Transportation and Security Act of 2002 also termed as MTSA was passed by the Congress to ensure security of U.S waterways and ports. President George W. Bush signed the MTSA into a formal law on November 25, 2002. The MTSA is basically execution of the International Ship and Port Facility Security Code (ISPS) of United States. The provisions of the law came into effect fully on July 1, 2004. The law actually mandates the port facilities and vessels to carry out vulnerability evaluations to develop effective security measures including screening of vehicle, luggage, personnel and passengers, establishment of prohibited areas, security patrols and installing surveillance equipment. The MTSA was aimed at developing a nationwide extensive security program to detect and deter serious threats to security. After the practical implementation of the MTSA, it has been the focus of international debates regarding its strengths and weaknesses and operational drawbacks.

Brief legislative History of the Bill

After the terrible attacks of 9th September, 2011, the Government of United States became intensely conscious about the safety and security of its seaports and sea ways. The Congress sanctioned Maritime Transportation Safety Act of 2002 in November, 2002 and it was implemented on January 1, 2003 by the Coast Guard. The Maritime Transportation Safety Act of 2002 called for operators and owners of 3,150 port facilities including factories with perilous materials and shipping terminals and about 9,200 vessels comprising on ferries, cargo ships barges, tugs etc to formulate and implement safety measures by July 1, 2004. The MTSA of 2002 integrated the numerous security measures and safety plans for ports and mandated advanced screening and identification of seaport personnel.

The main objective for passing the Maritime Transportation Security Act of 2002 was to develop strong and extensive security measures that are restrictive enough to cope up with dangers of assaults on seaports and water ways. A strong legislation like Maritime Transportation Security Act of 2002 was ultimately required by keeping ...