Details of Conference Version of "SAFE" Port Act (Part XIII - Final)
On October 13, 2006, President Bush signed into law the conference version of H.R. 4954 (Public Law 109-347), entitled the "Security and Accountability for Every Port Act of 2006" (SAFE Port Act), a measure intended to improve maritime and cargo security through enhanced layered defenses, and for other purposes.
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This is Part XIII, the final part of a multipart series of summaries of the conference version of H.R. 4954 and provides an overview of the trade-related provisions of H.R. 4954 that were previously summarized in Parts I - XII.
Cargo Security
Integrated scanning system pilot. Establish a pilot of an integrated scanning system at three foreign seaports no later than 90 days after enactment and require full implementation of the pilot within one year. After certain conditions are met, the Secretary of Homeland Security (Secretary) would be required to fully deploy the integrated scanning system for all containers entering the U.S.
Container security standards and procedures.The Secretary is required to initiate a rulemaking to establish minimum standards and procedures for securing containers in transit to the U.S. All containers bound for U.S. ports of entry would have to meet such standards and procedures not later than two years after the date on which they were established.
Pilot program for empty container security.The Secretary is required to conduct a one-year pilot program to assess the risk posed by and improve the security of empty containers at U.S. seaports.
Random searches of containers. The Secretary is required to develop and implement a plan to conduct random searches of containers in addition to any targeted or preshipment inspection.
Supply Chain Security
System for sharing supply chain risk information.The Secretary must develop a system to collect from and share appropriate risk information related to the supply chain with appropriate private sector entities.
C-TPAT minimum requirements.The Secretary is required to establish minimum security requirements for participation in C-TPAT. The bill outlines the participation details and deadlines for C-TPAT Tiers 1-3, as well as the consequences for failing to comply with C-TPAT practices and requirements.
One year C-TPAT third party validation pilot. The Secretary is required to develop a plan to implement a one-year voluntary pilot program to assess the feasibility, costs, and benefits of using third party entities to conduct validations of C-TPAT participants.
Revalidation of C-TPAT Tier 2 and 3 participants.The Secretary is required to develop and implement a revalidation process for C-TPAT Tier 2 and 3 participants.
Strategic plan to enhance international supply chain security.The Secretary must develop, implement, and update, as appropriate, a strategic plan to enhance the security of the international supply chain.
Post-incident resumption of trade.The Secretary must develop and update, as necessary, protocols for the resumption of trade in the event of a transportation disruption or a transportation security incident, including the prioritization of vessels and cargo.
Automated Targeting System (ATS).The Secretary must require the electronic transmission to DHS of additional data elements for improved high-risk targeting to be provided as advanced information with respect to cargo destined for importation into the U.S. prior to loading of such cargo on vessels at foreign seaports. The CBP Commisioner (Commissioner) is required to consider the cost, benefit, and feasibility of requiring additional nonmanifest documentation, reducing the time period for revising the container cargo manifest, reducing the time for submitting certain entry data, etc.
Report on in-bond cargo.The Secretary would be required to submit a report on in-bond cargo that includes an assessment of numerous items, including whether ports of arrival should require any additional information for shipments of in-bond cargo, etc.
Port Security
Transportation Security Card for the maritime sector. The Secretary is required to implement transportation security cards at 10 priority ports by July 2007, 40 other ports by January 1, 2008, and all other U.S. ports by January 1, 2009. The Secretary is also required to conduct a pilot program to test deployment of transportation security card readers at secure areas of the marine transportation system in at least 5 locations within 180 days of enactment. Deadlines are also established for issuing cards and publishing regulations on the cards, etc.
100% radiation screening of containers at top seaports. Radiation scanning of all containers at the top 22 seaports in terms of volume is required by December 31, 2007. In addition, the development of a strategy for deploying radiation detection capabilities, and the expansion to all other U.S. ports of entry is required.
Threat assessment screening of port truck drivers without HME.The Secretary must implement a threat assessment screening for all port truck drivers with access to secure areas of a port who have a commercial driver's license but do not have a current and valid hazardous materials endorsement (HME), not later than 90 days after enactment.
Government Regulation
DHS' trade and customs revenue functions.The Secretary is required to designate an official to coordinate and report on trade and customs revenue functions and designate a Director of Trade Policy. The Government Accountability Office (GAO) must study and report to Congress on the maintenance of customs revenue functions, consult with the business community and Congress, etc. The Secretary is also required to provide advance notification of any reorganization of customs revenue functions.
Allocation of CBP staffing and other resources. The Secretary is required to prepare and submit to certain Congressional committees a staffing and revenue resource allocation model. H.R. 4954 also authorizes appropriations for meeting CBP hiring requirements and provides for additional staffing for regulations to implement trade agreements.
Establishment of CBP Office of International Trade. The CBP Commissioner is required to establish an Office of International Trade and to transfer the assets, functions, and personnel of the Office of Strategic Trade and the Office of Regulations and Rulings to the new office. There are certain instructions regarding the transfer of textile enforcement functions to the new Office of International Trade.
International Trade Data System. The International Trade Data System (ITDS) is codified in 19 USC 1411, and all federal agencies, unless waived, are required to participate. An Interagency Steering Committee is charged with defining the standard set of ITDS data elements, etc.
(See ITT's Online Archives or 10/04/06, 10/05/06, 10/06/06, 10/10/06, 10/11/06, 10/12/06 news, 10/13/06, 10/16/06, 10/17/06, 10/18/06, 10/19/06, and 10/20/06 news, 06100410, 06100510, 06100610, 06101005, 06101110, 06101205, 06101315, 06101615, 06101710, 06101820, 06101920, and 06102015, for Parts I through XII of BP's series of summaries on the conference version of H.R. 4954.
Conference (final) Version of H.R. 4954 is available athttp://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h4954enr.txt.pdf