Details of Senate-Passed Bill to Implement the Recommendations of the 9/11 Commission (Part I - Cargo)
On March 13, 2007, the Senate amended and passed S. 4, the "Improving America's Security by Implementing Unfinished Recommendations of the 9/11 Commission Act of 2007," by a vote of 60-38.
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(Although the Senate has passed S. 4, 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. On January 9, 2007 the House passed its own version of a bill to implement the recommendations of the 9/11 Commission (H.R. 1), which is different from the Senate-passed bill.
See ITT's Online Archives or 03/16/07 news, 07031610, for BP summary of the Senate's passage of S. 4. See ITT's Online Archives or 01/11/07 news, 07011110, for BP summary of House-passed H.R. 1.)
This is Part I of a multipart series of summaries of S. 4, and highlights provisions regarding a plan for 100% scanning of cargo containers before arrival in the U.S., the creation of a passenger aircraft cargo screening system, requiring a blast-resistant cargo container pilot program, etc.
Plan for 100% Scanning of Cargo Containers Before Arrival in U.S.
S. 4 would amend the SAFE Port Act1 provision which requires the Department of Homeland Security (DHS) to submit semi-annual reports on the status and cost of full-scale deployment of an integrated scanning system, by requiring the first such report to include an initial plan to scan 100% of U.S. bound cargo containers before such containers arrive in the U.S.
This plan would be required to include: (a) specific annual benchmarks (increased annually) for the percentage of cargo containers destined for the U.S. that are scanned at a foreign port; (b) an analysis of how to effectively incorporate existing programs (including the Container Security Initiative (CSI) and the Customs-Trade Partnership Against Terrorism (C-TPAT)) to achieve the benchmarks; and (c) an analysis of the scanning equipment, personnel, and technology necessary to reach the goal of 100% scanning of cargo containers.
S. 4 would also require subsequent semi-annual reports to include an assessment of the progress toward implementing the initial plan for scanning 100% of U.S. bound cargo containers.
Passenger Aircraft Cargo Screening System
S. 4 would amend 49 USC 44901 to require, within 3 years of S. 4's enactment, the establishment of a system for screening cargo transported on passenger aircraft. The provision would establish minimum standards for the new air cargo screening system, requiring it provide a level of security comparable to the level of security in effect for passenger checked baggage.
S. 4 states that the DHS Secretary (Secretary) may issue an interim final rule to implement this provision, with a final rule to be issued within one year after the interim final rule's effective date. If such a final rule is not issued within the required timeframe, S.4 would require the Secretary to provide Congress with an explanation.
The Secretary would also be required to submit to Congress, no later than 180 days after the date of enactment of S.4, an assessment of each exemption granted for the screening required for cargo transported on passenger aircraft, and the risk of maintaining such an exemption.
Blast Resistant Cargo Container Pilot Program
S.4 would require the Transportation Security Administration to evaluate the results of a blast-resistant cargo container pilot program2 before January 1, 2008, and begin the acquisition of a sufficient number of blast-resistant containers to meet the requirements of TSA's passenger cargo aircraft screening system.
Additionally, S. 4 states that TSA should develop a system to make such containers available in sufficient numbers so that the air carriers can meet the requirements of TSA's cargo security system. This system should also provide for the storage, maintenance, and distribution of the containers. Within 90 days of the development of such a system, TSA would be required to implement the system and make blast-resistant cargo containers available to passenger air carriers as necessary.
S.4 would also require the Secretary to expedite the research and development of blast-resistant cargo containers and other promising technology, as well as establish and fund pilot programs in this area of research in order to deploy such technology.
1The Security and Accountability for Every Port Act of 2006 (SAFE Port Act) (Public Law 109-347). See ITT's Online Archives or 11/06/06 news, 06110625, for last part of BP's 8- part summary of the SAFE Port Act, with links to earlier parts.
2The Intelligence Reform and Terrorism Prevention Act of 2004 (P.L.108-458) requires TSA to carry out a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft. (See ITT's Online Archives or 03/14/05 news, 05031415, for BP summary.)
S. 4 is available by query at http://thomas.loc.gov