Details of Conference Version of "SAFE Port Act" (Part III)
On September 30, 2006, the House and Senate passed (agreed to) the conference version of H.R. 4954, entitled the "Security and Accountability for Every Port Act of 2006" (SAFE Port Act), which is a measure intended to improve maritime and cargo security through enhanced layered defenses, and for other purposes.
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On October 3, 2006, the conference version of H.R. 4954 was presented to the President, who is expected to sign the measure into law.
This is Part III of a multipart series of summaries of the conference version of H.R. 4954 and provides highlights of H.R. 4954's provisions regarding security standards and procedures for containers, a pilot program to improve security of empty containers, random searches of containers and information sharing with the private sector. See future issues of ITT for additional summaries of the conference version of H.R. 4954.
Container Security Standards and Procedures
The conference version of H.R. 4954 calls for the following actions to be taken with regard to container security standards and procedures:
Establish minimum standards & procedures for securing in-bound containers in 180 days, etc. The conference version of H.R. 4954 provides that not later than 90 days after the date of the enactment, the Secretary of Homeland Security (Secretary) shall initiate a rulemaking proceeding to establish minimum standards and procedures for securing containers in transit to the U.S.
In addition, not later than 180 days after the date of the enactment, the Secretary shall issue an interim final rule to establish minimum standards and procedures for securing containers that transit to the U.S. If the Secretary is unable to meet the deadline established for issuing an interim rule, the Secretary shall submit a letter to the appropriate congressional committees explaining why the Secretary is unable to meet that deadline and describing what must be done before such minimum standards and procedures can be established.
Have all in-bound containers meet such minimum standards & procedures 2 years after they are established, etc. The conference version of H.R. 4954 further provides that all containers bound for ports of entry in the U.S. shall meet such standards and procedures not later than 2 years after the date on which they are established pursuant to the above-described rulemaking proceeding.
The Secretary shall regularly review and enhance the standards and procedures established pursuant to the above-described rulemaking proceeding, as appropriate, based on tests of technologies as they become commercially available to detect container intrusion and the highest consequence threats, particularly weapons of mass destruction.
Pilot Program to Improve the Security of Empty Containers
The conference version of H.R. 4954 calls for the Secretary to conduct a 1-year pilot program to assess the risk posed by and improve the security of empty containers at U.S. seaports to ensure the safe and secure delivery of cargo and to prevent potential acts of terrorism involving such containers. The pilot program shall include the use of visual searches of empty containers at U.S. seaports.
Not later than 90 days after the completion of the pilot program described above, the Secretary shall prepare and submit to the appropriate congressional committees a report that contains: (1) the results of the pilot program; and (2) the determination of the Secretary on whether to expand the pilot program.
Random Searches of Containers
Not later than 1 year after the date of the enactment of H.R. 4954, the Secretary, acting through the Commissioner of U.S. Customs and Border Protection, shall develop and implement a plan, utilizing best practices for empirical scientific research design and random sampling, to conduct random searches of containers in addition to any targeted or preshipment inspection of such containers required by law or regulation or conducted under any other program conducted by the Secretary. The conference version of H.R. 4954 states that nothing shall be construed to mean that implementation of the random sampling plan precludes additional searches of containers not inspected pursuant to the plan.
System for Sharing Supply Chain Risk Information with Certain Private Entities
The conference version of H.R. 4954 states that the Secretary shall develop a system to collect from and share appropriate risk information related to the supply chain with the private sector entities determined appropriate by the Secretary.
In developing such a system, the Secretary shall consult with the COAC and a broad range of public and private sector entities likely to utilize the system, including importers, exporters, carriers, customs brokers, and freight forwarders, among other parties.
(See ITT's Online Archives or 10/04/06 and 10/05/06 news, 06100410 and 06100510, for Parts I and II of BP summary on the conference version of H.R. 4954.
See ITT's Online Archives or 10/02/06 news, 06100205, for BP summary of the House and Senate's passage of the conference version of H.R. 4954.
See ITT's Online Archives or 05/18/06 news, 06051810, for the final part of BP's five part summary on the House-passed version of H.R. 4954.)
Conference Version of H.R. 4954 is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h4954enr.txt.pdf