NCBFAA Opposes Certain Air and Ocean Inspection/Scanning Provisions in House-Passed Bill
The National Customs Brokers and Forwarders Association of America (NCBFAA) has issued a statement expressing its opposition to certain air and ocean provisions of legislation recently passed by the House of Representatives entitled "Implementing the 9/11 Commission Recommendations Act of 2007" (H.R. 1).
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(Although the House has passed H.R. 1, it is not in effect. Generally, in order for a bill to be implemented, identical versions of that bill must be passed by both the House and Senate and then the bill must be approved (enacted) by the President.)
According to its statement, NCBFAA specifically objects to the:
100% inspection of cargo on passenger aircraft by end of FY 2009 - requirement for 100% inspection of all cargo placed on board passenger aircraft to be accomplished over three years with 35% in fiscal year (FY) 2007, 65% in FY 2008, and 100% in FY 2009. NCBFAA states that the standard for that inspection is to "provide a level of security equivalent to the level of security for the inspection of passenger checked baggage."
NCBFAA states that its primary concern with the 100% inspection requirement is that such an approach will diminish the effectiveness of resources by spreading them too thin while simultaneously significantly slowing the flow of commerce thus increasing the cost of goods and services. NCBFAA notes that if legitimate air cargo cannot flow expeditiously, then the public will believe that there is little reason to use this mode of transportation for just-in-time delivery. NCBFAA opines that a better solution is to require air cargo inspections to be risk-based to focus resources on areas where there is some likelihood of uncovering terrorist activity.
Scanning requirement for ocean containers following conclusion of SFI pilot - implementation of the requirement that a container can only enter the U.S. if it is "scanned" using "best available technology", once the pilot Secure Freight Initiative (SFI) has concluded.
NCBFAA states that moving SFI immediately from being a pilot into implementation does not permit the government to correct deficiencies in any substantial ways should the pilot prove unworkable.
NCBFAA notes that the Senate recently held hearings and is expected to construct its version of security legislation later in January 2007.
(See ITT's Online Archives or 01/11/07 news, 07011110, for BP summary on the House's passage of H.R. 1.)
NCBFAA statement available by emailing documents@brokerpower.com.