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

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 VI of a multipart series of summaries of the conference version of H.R. 4954 and provides highlights of H.R. 4954 regarding the Automated Targeting System (ATS) and in-bond cargo. See future issues of ITT for additional summaries of the conference version of H.R. 4954.

Automated Targeting System

The conference version of H.R. 4954 provides for the following with regard to ATS (partial list):

Requirement for additional data elements, including appropriate entry data, prior to loading cargo on vessels. The Secretary of Homeland Security (Secretary), acting through the Commissioner of U.S. Customs and Border Protection (Commissioner), shall require the electronic transmission to the Department of Homeland Security (DHS) of additional data elements for improved high-risk targeting, including appropriate security elements of entry data, as determined by the Secretary, 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.

Consider reducing the time period for revising cargo manifest, submitting certain entry data, etc. The Secretary, acting through the Commissioner, shall: (1) consider the cost, benefit, and feasibility of requiring additional nonmanifest documentation; reducing the time period allowed by law for revisions to a container cargo manifest; reducing the time period allowed by law for submission of certain elements of entry data, for vessel or cargo; and such other actions the Secretary considers beneficial for improving the information relied upon for the ATS and any successor targeting system in furthering the security and integrity of the international supply chain; and (2) consult with stakeholders, including Commercial Operations Advisory Committee (COAC), and identify to them the need for such information, and the appropriate timing of its submission.

ATS regulations. The Secretary shall promulgate regulations to carry out ATS-related activities described in the conference version of H.R. 4954.

System improvements. The Secretary, acting through the Commissioner, shall:

conduct, through an independent panel, a review of the effectiveness and capabilities of the ATS;

consider future iterations of the ATS, which would incorporate smart features, such as more complex algorithms and real-time intelligence, instead of relying solely on rule sets that are periodically updated;

ensure that the ATS has the capability to electronically compare manifest and other available data for cargo entered into or bound for the U.S. to detect any significant anomalies between such data and facilitate the resolution of such anomalies;

ensure that the ATS has the capability to electronically identify, compile, and compare select data elements for cargo entered into or bound for the U.S. following a maritime transportation security incident, in order to efficiently identify cargo for increased inspection or expeditious release; and

develop a schedule to address the recommendations of the Comptroller General of the U.S., the Inspector General of the Department of the Treasury, and the Inspector General of the Department with respect to the operation of the ATS.

In-Bond Cargo

The conference version of H.R. 4954 would amend Title IV of the Tariff Act of 1930 is amended by inserting after section 553 a new Section 553A which would provide for the following:

Report on in-bond cargo. Not later than June 30, 2007, the Commissioner shall submit a report to certain Congressional committees that includes:

a plan for closing in-bond entries at the port of arrival;

an assessment of the personnel required to ensure 100 percent reconciliation of in-bond entries between the port of arrival and the port of destination or exportation;

an assessment of the status of investigations of overdue in-bond shipments and an evaluation of the resources required to ensure adequate investigation of overdue in-bond shipments;

a plan for tracking in-bond cargo within the Automated Commercial Environment (ACE);

an assessment of whether any particular technologies should be required in the transport of in-bond cargo;

an assessment of whether ports of arrival should require any additional information regarding shipments of in-bond cargo;

an evaluation of the criteria for targeting and examining in-bond cargo; and

an assessment of the feasibility of reducing the transit time for in-bond shipments, including an assessment of the impact of such a change on domestic and international trade.

(See ITT's Online Archives or 10/04/06, 10/05/06, 10/06/06, 10/10/06, and 10/11/06 news, 06100410, 06100510, 06100610, 06101005, and 06101110, for Parts I through V 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 athttp://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h4954enr.txt.pdf