Details of Conference Version of "SAFE Port Act" (Part V)

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 V of a multipart series of summaries of the conference version of H.R. 4954 and provides highlights of H.R. 4954 regarding the development and implementation of a strategic plan to enhance the security of the supply chain, as well as post-incident resumption of trade. See future issues of ITT for additional summaries of the conference version of H.R. 4954.

Strategic Plan to Enhance the Security of the International Supply Chain

The conference version of H.R. 4954 provides that the Secretary of Homeland Security (Secretary), in consultation with appropriate Federal, State, local, and tribal government agencies and private-sector stakeholders responsible for security matters that affect or relate to the movement of containers through the international supply chain, shall develop, implement, and update, as appropriate, a strategic plan to enhance the security of the international supply chain.

Components of strategic plan. This strategic plan shall, among other things:

identify and make recommendations regarding legislative, regulatory, and organizational changes necessary to improve coordination among the entities or to enhance the security of the international supply chain;

provide measurable goals, including objectives, mechanisms, and a schedule, for furthering the security of commercial operations from point of origin to point of destination;

provide incentives for additional voluntary measures to enhance cargo security, as recommended by the Commissioner of U.S. Customs and Border Protection (Commissioner);

consider the impact of supply chain security requirements on small- and medium-sized companies;

provide protocols for the expeditious resumption of the flow of trade. In developing these protocols, the Secretary shall consult with Federal, State, local, and private sector stakeholders, including the National Maritime Security Advisory Committee (NMSAC) and the Commercial Operations Advisory Committee (COAC).

Review of draft strategic plan. As part of the above-described consultations, the Secretary shall, to the extent practicable, utilize the Homeland Security Advisory Committee (HSAC), NMSAC, and COAC to review, as necessary, the draft strategic plan and any subsequent updates to the strategic plan.

Consideration of proposed or established practices of foreign governments and international organizations. In furtherance of the strategic plan, the Secretary is encouraged to consider proposed or established standards and practices of foreign governments and international organizations, including the International Maritime Organization (IMO), the World Customs Organization (WCO), the International Labor Organization (ILO), and the International Organization for Standardization (IOS), as appropriate, to establish standards and best practices for the security of containers moving through the international supply chain.

Initial and final reports. Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that contains the strategic plan. In addition, not later than 3 years after the date on which the strategic plan is submitted, the Secretary shall submit a report to the appropriate congressional committees that contains an update of the strategic plan.

Post-Incident Resumption of Trade

The Secretary shall develop and update, as necessary, protocols for the resumption of trade in accordance the above-described requirement that the strategic plan provide protocols for the expeditious resumption of the flow of trade in the event of a transportation disruption or a transportation security incident.

The protocols shall include:

the identification of the appropriate initial incident commander, if the Commandant of the Coast Guard (Commandant) is not the appropriate person, and lead departments, agencies, or offices to execute such protocols;

a plan to redeploy resources and personnel, as necessary, to reestablish the flow of trade;

a plan to provide training for the periodic instruction of personnel of the U.S. Customs and Border Protection, the Coast Guard, and the Transportation Security Administration in trade resumption functions and responsibilities; and

appropriate factors for establishing prioritization of vessels and cargo determined by the President to be critical for response and recovery, including factors relating to public health, national security, and economic need.

Determining prioritization of vessels. In determining the prioritization of vessels accessing facilities (46 USC 70101), the Commandant may, to the extent practicable and consistent with the protocols and plans required by the conference version of H.R. 4954 to ensure the safe and secure transit of vessels to ports in the U.S. after a transportation security incident, give priority to a vessel:

that has an approved security plan under 46 USC 70103(c), or a valid international ship security certificate, as provided under 33 CFR Part 104;

that is manned by individuals who are described in 46 USC 70105(b)(2)(B); and

that is operated by validated participants in the Customs-Trade Partnership Against Terrorism (C-TPAT) program.

Determining prioritization of cargo. In determining the prioritization of the resumption of the flow of cargo and consistent with the protocols established in the conference version of H.R. 4954, the Commissioner may give preference to cargo:

entering a port of entry directly from a foreign seaport designated under the Container Security Initiative (CSI);

from the supply chain of a validated C-TPAT participant and other private sector entities, as appropriate; or

that has undergone a nuclear or radiological detection scan; an x-ray, density, or other imaging scan; and a system to positively identify the container at the last port of departure prior to arrival in the U.S., which data has been evaluated and analyzed by CBP personnel.

(See ITT's Online Archives or 10/04/06, 10/05/06, 10/06/06, and 10/10/06 news, 06100410, 06100510, 06100610, and 06101005, for Parts I through IV 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