So the MTSA was the enabling legislation? You are back to square one.
In the aftermath of September 11, 2001, the Commandant of the Coast Guard reaffirmed the maritime security mission to respond to threats posed by terrorist organizations, and our lead role in coordinating with other Federal, State, and local entities; owners and operators of vessels and marine facilities; and others with an interest in our Marine Transportation System. The Commandant came here, before the International Maritime Organizations General Assembly, and urged the consideration of an international security strategy. Ultimately, a series of intersessional maritime security work group meetings, held at the direction of the Maritime Safety Committee, developed the new ISPS Code as an amendment to SOLAS.
Before each intersessional meeting, the Coast Guard held public meetings in the U.S. and coordinated several outreach meetings with representatives from major U.S. and foreign associations for shipping, labor, and port authorities. We also discussed maritime security at each of our Federal Advisory Committee meetings and held meetings with other Federal agencies with security responsibilities. Throughout this process, the Coast Guard received comments calling for specific threat identification, analysis, and performance standards to respond to maritime threats. Additionally, the domestic and international maritime industry stressed the importance of uniformity in the application and enforcement of requirements, and the need to establish threat levels with a means to communicate threat information to a variety of interest groups.
Because of the vast amount of public outreach and international coordination that went into its development, the Coast Guard considers the ISPS Code to reflect a consensus position, then and now. [emphasis in original]