H.R. 1 Conferees Adopt Deadlines for 100% Scanning of U.S.-Bound Containers at Foreign Ports
According to Congressional sources, Congressional documents, and press reports, the House-Senate conference that is resolving differences between the House- and Senate-passed versions of H.R. 1 (the bill to implement the recommendations of the 9/11 Commission), has adopted an amendment that sets deadlines for the overseas scanning of U.S.-bound cargo containers (in lieu of the different scanning provisions previously passed by the House and Senate).
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(A House-Senate conference version of H.R. 1 would still have to be passed by both the House and Senate and then signed into law (enacted) by the President before it would take effect.)
A summary of the amendment adopted by the House-Senate conference1, is as follows:
Full-Scale Implementation of Scanning of U.S. Bound Containers in Foreign Ports
A container that was loaded on a vessel in a foreign port would be prohibited from entering the U.S. (either directly or via a foreign port) unless the container was scanned by non-intrusive imaging (NII) equipment and radiation detection equipment at a foreign port before it was loaded on a vessel.
This requirement would apply with respect to containers loaded on a vessel in a foreign country on or after the earlier of:
(a) July 1, 2012; or
(b) such other date as may be established by the Secretary of the Department of Homeland Secretary pursuant to the lessons learned through the Secure Freight Initiative (SFI) pilot2 (the pilot integrated scanning system established under section 231 of the SAFE Port Act).
Deadline for full-scale implementation could be delayed. The DHS Secretary would be allowed to extend the above deadline for two years, and may renew the extension in additional two-year increments, for containers loaded in a port or ports, if the DHS Secretary certifies to Congress that at least two specified conditions exist. The DHS Secretary would be required to submit certain reports regarding such an extension or renewal of an extension.
Certain military cargo would be exempt. An exemption from certain container scanning and seal provisionswould be provided for certain supplies bought by the Secretary of Defense and for military cargo of foreign countries.
Scanning Technology Standards
The DHS Secretary, in implementing the above scanning provisions, would be required to:
establish technological and operational standards for systems to scan containers;
ensure that the standards are consistent with the global nuclear detection architecture developed under the Homeland Security Act of 2002; and
coordinate with other Federal agencies that administer scanning or detection programs at foreign ports.
Consultations with Private Sector, Consistency with WCO Framework
In addition, the DHS Secretary would be required to consult with Federal departments and agencies and private sector stakeholders and ensure consistency with the World Customs Organization (WCO) framework or other international obligations of the U.S.
Interim Requirement for Container Security Standards and Procedures
The conferees amendment would also amend Section 204(a)(4) of the SAFE Port Act, which requires all containers bound for U.S. ports of entry to meet certain minimum container security standards and procedures not later than two years after such standards and procedures are established, by adding the following new "interim" requirement.
No later than October 15, 2008, all containers in transit to the U.S. would be required to meet the International Organization for Standardization Publicly Available Specification (ISO PAS) 17712 standard for sealing containers if an interim final rule establishing minimum standards and procedures for securing containers in transit to the U.S. is not issued by April 1, 2008.
(Subscribers should note that under the Customs-Trade Partnership Against Terrorism (C-TPAT) minimum security criteria for importers, customs brokers, rail carriers, foreign manufacturers, highway carriers, and sea carriers, all seals must meet or exceed the current ISO PAS 17712 standards for high security seals.)
1The amendment would amend section 232(b) of the Security and Accountability for Every (SAFE) Ports Act (6 USC 982(b)).
2Under the SFI pilot, the capability to scan 100% of allU.S. bound cargo containerswith radiation detection and NII equipment is being evaluated at three ports - Port Qasim, Puerto Cortes, and Southampton. Data from these systems is then provided to U.S. officials at the National Targeting Center for analysis, thus fulfilling the pilot requirements of the SAFE Port Act. See ITT's Online Archives or 05/14/07 news, 07051415, for recent BP summary on SFI.)
House-Senate conference amendment regarding scanning available by emailing documents@brokerpower.com.
Senate Lieberman's press release on conference amendment (dated 07/19/07) available at http://hsgac.senate.gov/index.cfm?Fuseaction=PressReleases.Detail&PressRelease_id=1505&Month=7&Year=2007&Affiliation=C.