President Signs Maritime Transportation Security Legislation into Law

This is Part II, the final part of a two-part series of summaries on P.L. 108-293 and focuses on the various vessel and intermodal security plan and reports required by P.L. 108-293.

(See ITT's Online Archives or 08/12/04 news, 04081205, for Part I which focused on the provisions in P.L. 108-293 related to maritime transportation security, Coast Guard operations, and the authorization of appropriations for the Federal Maritime Commission (FMC) and Coast Guard.)

Highlights of these vessel and intermodal security plan and reports required by P.L. 108-293, as discussed in the House-Senate conference report for H.R. 2443, include (partial list):

Plan to implement program to evaluate, certify secure systems of transportation. The DHS Secretary is required to prepare a plan for the implementation of 46 USC section 70116.

(Section 70116, created by the Maritime Transportation Security Act of 2002 (MTSA), requires the establishment of program to evaluate and certify secure systems of transportation of international intermodal transportation.)

According to P.L. 108-293, this plan shall:

include a timeline for establishing standards and procedures pursuant to 46 USC section 70116(b);

provide a preliminary assessment of resources necessary to evaluate and certify secure systems of transportation, and the resources necessary to validate that the secure systems of transportation are operating in compliance with the certification requirements;

contain an analysis of whether establishing a voluntary user fee to fund the certification of private secure systems of transportation, paid for by the person applying for certification, would enhance cargo security;

contain an analysis of the need for and feasibility of establishing a system to inspect, monitor, and track intermodal shipping containers within the U.S.; and

contain an analysis of the need for and feasibility of developing international standards for secure systems of transportation, including recommendations, that includes an examination of working with appropriate international organizations to develop standards to enhance the physical security of shipping containers consistent with 46 USC Section 70116.

Progress report on implementing secure systems of transportation plan. One year after the date on which the plan described above is submitted to Congress, the DHS Inspector General is required to transmit a report to specified Congressional committees evaluating the progress made by DHS in implementing the plan.

Report on inspection of vessels and vessel-borne cargo containers entering U.S. The DHS Secretary is required to prepare a report regarding the numbers and types of vessels and vessel-borne cargo containers that enter the U.S. in a year.

With respect to vessel-borne containers, this report, must include, among other things:

a complete breakdown of the numbers and types of vessel-borne containers that entered the U.S. in the most recent year for which information is available;

the cost incurred by the federal government in inspecting such containers;

an estimate of the per-container cost that would be incurred by the federal government in inspecting each type of vessel-borne container that enters the U.S. each year, including costs for personnel, vessels, and equipment and funds; and

an estimate of the annual total cost that would be incurred by the federal government in inspecting and where allowed by international agreement, inspecting in a foreign port, all vessel-borne containers that enter the U.S. each year, including costs for personnel, vessels, and equipment.

Annual report to assess cargo container tracking/targeting, etc. The DHS Inspector General is required to annually prepare a report that includes an assessment of:

the effectiveness of the current tracking system to determine whether it is adequate to prevent international intermodal containers from being used for purposes of terrorism;

the sources of information, and the quality of the information at the time of reporting, used by the system to determine whether targeting information is collected from the best and most credible sources and evaluate data sources to determine information gaps and weaknesses;

the targeting system for reporting and analyzing inspection statistics, as well as testing effectiveness;

the competence and training of employees operating the system to determine whether they are sufficiently capable to detect potential terrorist threats; and

whether the system is an effective system to detect potential acts of terrorism and whether additional steps need to be taken in order to remedy deficiencies in targeting international intermodal containers for inspection.

Report on deficiencies in the cargo inspection targeting system. P.L. 108-293 states that if the DHS Inspector General determines in any of the annual reports discussed above that the targeting system is insufficiently effective as a means of detecting potential acts of terrorism utilizing international intermodal containers, then the DHS Secretary must submit a report to selected Congressional committees on what actions will be taken to correct deficiencies identified in the Inspector General's report.

Annual report on compliance with maritime transportation security plans. The DHS Secretary is required to annually prepare a report on, among other things, compliance and steps taken to ensure compliance by ports, terminals, vessel operators, and shippers with security standards established pursuant to 46 USC Section 70103.

The reports must also include a summary of security standards established pursuant to 46 USC Section 70103 during the previous year.

(49 USC 70103, which was created by MTSA, requires the creation of certain national maritime transportation security plans, area maritime transportation security plans, and vessel and facility security plans.)

Report on non-intrusive inspection at foreign ports. The DHS Secretary must prepare a report on:

whether and to what extent foreign seaports have been willing to utilize nonintrusive screening equipment at their ports to screen cargo, including the number of cargo containers that have been screened at foreign seaports, and the ports where they were screened;

indicating which foreign ports may be willing to utilize nonintrusive screening equipment for cargo exported for import into the U.S.; and

indicating ways to increase the effectiveness of the U.S. government's targeting and screening activities outside the U.S. and to what extent additional resources and program changes will be necessary to maximize the scrutiny of cargo in foreign seaports that is destined for the U.S.

Report on empty containers. The DHS Secretary must prepare a report on the practice and policies in place at U.S. ports to secure shipment of empty containers and trailers.

This report must include recommendations with respect to whether additional Federal actions are necessary to ensure the safe and secure delivery of cargo and to prevent potential acts of terrorism involving such containers and trailers.

Report on radiation detectors. The DHS Secretary must prepare a report on progress in the installation of a system of radiation detection at all major U.S. seaports, and a timeline and expected completion date for the system.

This report must include a preliminary analysis of any issues related to the installation or efficacy of the radiation detection equipment, as well as a cost estimate for completing installation of the system.

P.L. 108-293 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:h2443enr.txt.pdf.

H.R. 2443 conference report (H. Rept. 108-617) available at

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_reports&docid=f:hr617.108.pdf.