Prior to the terrorist attacks of  September 11, 2001, federal attention at ports tended to focus on  navigation and safety issues, such as dredging channels and environmental  protection. Passed in November 2002, MTSA imposed an ambitious schedule of  requirements on a number of federal agencies. Most of the agencies with MTSA responsibilities were reorganized  into the Department of Homeland Security in March 2003, less than 5  months after MTSA enactment. Among the 22 agencies in the new  department were some relatively new organizations, such as TSA. Progress Has Been Made in Implementing MTSA

Since the passage of MTSA in 2002 the responsible agencies—primarily the  Coast Guard, TSA, and BCBP in DHS, along with MARAD in the  Department of Transportation—have made strides in implementing the  act’s security provisions. MTSA called for actions in 46 key areas we  identified. Thus far, we have received information from the responsible  agencies on 43 of these areas. Of the 43 areas, work is done in 2 (issuing  interim rules and developing training for maritime security personnel), and  under way in 40 others. The rules set requirements for many of the provisions  delegated to the Coast Guard under MTSA. Developing all of the policies and  programs to make this system work is still under way and will continue to  pose challenges to continued progress. Three relate primarily to  security issues: (1) the limited number of ports that will be covered by the  vessel identification system, (2) questions about the scope and quality of  port security assessments, and (3) the Coast Guard’s plans not to  individually approve security plans for foreign vessels. The remaining two  relate primarily to operational and efficiency matters: (1) potential  duplication of maritime intelligence efforts and (2) inconsistency with Port  Security Grant Program requirements. Vessel Identification System Will Cover a Limited Number of Ports

The main security-related issue involves the implementation of a vessel  identification system. Concerns about Port Security Assessments

Another security-related issue involves the Coast Guard’s efforts to  address MTSA’s security planning requirements through a series of  security assessments of individual ports. MTSA required the Secretary of Transportation to establish a program of  grants to ports and other entities to implement area and facility-specific  security plans.
Why GAO Did This Study

After the events of September 11, 2001, concerns were raised over the security of U.S. ports and waterways. In response to the concerns over port security, Congress passed the Maritime Transportation Security Act in November 2002. The act created a broad range of programs to improve the security conditions at the ports and along American waterways, such as identifying and tracking vessels, assessing security preparedness, and limiting access to sensitive areas. A number of executive agencies were delegated responsibilities to implement these programs and other provisions of the act. The Senate Committee on Commerce, Science, and Transportation asked GAO to conduct a review of the status of the agencies' efforts to implement the security requirements of the act. This testimony reflects GAO's preliminary findings; much of GAO's work in the area is still under way.

What GAO Found

Agencies responsible for implementing the security provisions of the Maritime Transportation Security Act have made progress in meeting their requirements. Thus far, GAO has obtained information about 43 of 46 specific action areas, and efforts are under way in 42 of them. For example, the Coast Guard, the Department of Homeland Security agency with lead responsibility for most of the assignments, has published six interim rules covering responsibilities ranging from security of port facilities to vessel identification systems. Two other agencies within the new department--the Transportation Security Administration and the Bureau of Customs and Border Protection--have actions under way in such areas as establishing an identification system for millions of port workers and setting information requirements for cargo. The Maritime Administration, a Department of Transportation agency, has already completed or is well into implementing such responsibilities as developing training for security personnel. While much has been accomplished, GAO's review found five areas of concern. Three relate primarily to security issues: (1) only a limited number of ports covered by vessel identification system; (2) questions about the scope and quality of port security assessments; and (3) concerns related to approving security plans for foreign vessels. Two relate primarily to organizational and operational matters: (1) potential duplication of maritime intelligence efforts; and (2) inconsistency with Port Security Grant Program requirements.