Page 14: of Maritime Reporter Magazine (April 2002)

Maritime Security

Key Port Security Measure Passed

H.R. 3983, the "Maritime Transporta- tion Antiterrorism Act of 2002," was passed by the House Transportation and

Infrastructure (T & I) Committee on

March 20. The legislation was intro- duced by the bipartisan leadership of the

Transportation Committee, including:

Rep. Don Young (R-Alaska), Chairman,

Transportation & Infrastructure Com- mittee; Rep. James Oberstar (D-

Min..), Ranking Democrat, Transporta- tion Committee; Rep. Frank LoBiondo (R-N.J.), Chairman, Coast Guard &

Maritime Transportation Subcommittee; and Rep. Corrine Brown (D-Fla.),

Ranking Democrat, Coast Guard Sub- committee "We thank Chairman Don Young (R-

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Ark.) of the House T & I Committee, and Subcommittee Chairman Frank

LoBiondo (R-N.J.) of Coast Guard and

Maritime Transportation, for their lead- ership on moving to address maritime security," said Kurt J. Nagle, president of the American Association of Port

Authorities (AAPA). "We are encour- aged about the $225 million authorized for Federal grants to help ports enhance seaport security, and the local flexibility provided for vessels and facilities to address terrorism at America's ports.

AAPA strongly supports enactment of

Federal legislation to address maritime security."

Overall, H.R. 3983 takes a slightly dif- ferent approach than the Senate bill, S. 1214, "The Port and Maritime Security

Act of 2001. " It is focused solely on ter- rorism and is not as detailed on planning requirements. The bill only covers areas that the Department of Transportation (DOT) determines are at risk of having a catastrophic emergency in the event of a terrorist attack. Also, because of juris- dictional limitations of the committee, the bill only focuses on DOT activities, not those of the U.S. Customs Service.

The bill is modeled on the Oil Pollu- tion Act. in which Congress outlined broad planning requirements but left most of the details to the discretion of

DOT. Like S. 1214, it requires a family of plans, including national, area and vessel/ facility plans. H.R. 3983 calls for grants over three years totaling $225 million (less than S.1214, which over a five-year period, calls for $390 million in grants), but limits them to technology.

The Maritime Transportation

Antiterrorism Act of 2002

Port Security

Section 2 of the bill creates a new sub- title VI of title 46, United States Code, to establish a comprehensive national system of antiterrorism security enhancements. Chapter 701 of this sub- title contains provisions related to port security.

New section 70102 of title 46 requires the Coast Guard to conduct port vulner- ability assessments for U.S. ports, including an assessment of the vulnera- bility of each facility in a port, at which there is a high risk of a catastrophic emergency. The results of the vulnera- bility assessments will be used to imple- ment a national maritime transportation antiterrorism planning system, consist- ing of a national plan, area plans, as well as vessel, facility, and port terminal plans, to deter a catastrophic emergency to the maximum extent practicable.

Section 70103 requires that vessel and facility antiterrorism plans be submitted for approval to the Coast Guard, by ves- sels and facilities involved in a cata- (Continued on page 20)

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