Authority for Container Security Standards, Secure Systems of Transportation Initiative Given to BTS (Including CBP)

This is Part V of a multi-part series of summaries of the February 6, 2004 COAC meeting. See future issue of ITT for final part of this multi-part series of summaries.

DHS Redelegates Authority for Container Security Standards, Etc. to BTS

At the February 6, 2004 meeting, the DHS Border and Transportation (BTS) Under Secretary stated that DHS has recently redelegated from the Transportation Security Administration (TSA) to the BTS Directorate (which CBP is part of) the authority for meeting the following requirements imposed by Sections 111 and 102 of the Maritime Transportation Security Act of 2002 (MTSA).

Performance standards for the physical security of containers. Section 111 of the MTSA requires the Secretary of Homeland Security, by January 1, 2004, to:

1. Cargo I.D., tracking and screening system - develop and maintain an antiterrorism cargo identification, tracking, and screening system for containerized cargo shipped to and from the U.S. either directly or via a foreign port; and
2. Performance standards - develop performance standards to enhance the physical security of shipping containers, including standards for seals and locks.

During the COAC meeting, BTS officials noted that it is the opinion of DHS that its current systems meet these January 1, 2004 requirements of Section 111 of MTSA.

The BTS Under Secretary further stated that the BTS Directorate's efforts in this area will be directed through CBP's C-TPAT (Customs-Trade Partnership Against Terrorism) and "Smart Box" programs.

"Secure systems of intermodal transportation" initiative. Section 102 of MTSA, among other things, requires the DHS Secretary to establish a program to evaluate and certify secure systems of international intermodal transportation, including:

1. establishing standards and procedures for screening and evaluating cargo prior to loading in a foreign port for shipment to the U.S. either directly or via a foreign port;
2. establishing standards and procedures for securing cargo and monitoring that security while in transit;
3. developing performance standards to enhance the physical security of shipping containers, including standards for seals and locks;
4. establishing standards and procedures for allowing the U.S. government to ensure and validate compliance with this program; and
5. any other measures the Secretary of Homeland Security considers necessary to ensure the security and integrity of international intermodal transport movements.

The BTS Under Secretary noted that DHS will be looking at additional methods of securing transportation and has chartered a new "Container Working Group" which press reports indicate will further develop security recommendations for containerized cargo and will be led by BTS' newly appointed director of cargo security policy.

BTS to have policy control, CBP to administer operationally. The BTS Under Secretary noted that the BTS Directorate would take policy control of the above initiatives, but that they would be administered operationally through CBP (with possible assistance from TSA). According to one source, CBP has been given operational responsibility because, among other reasons, it already has initiatives related to these requirements.

See ITT's Online Archives or 02/10/04, 02/12/04, 02/17/04, and 02/18/04 news, 04021015, 04021205, 04021705, and 04021805, for Parts I, II, III, and IV of this multi-part series of summaries on the February 6, 2004 COAC meeting.