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Proposed legislation takes aim at federal security programs

By Jeff Berman, Senior Editor -- Logistics Management, 1/1/2006

WASHINGTON—A bipartisan effort spearheaded by U.S. senators Patty Murray (D-Wash.) and Susan M. Collins (R-Maine) may have a lasting effect on how both shippers and the federal government go about keeping ocean cargo safe and secure.

S. 2008, dubbed the "GreenLane Maritime Cargo Security Act," is designed to correct inefficiencies in existing federal security programs. "Every year, millions of containers move cargo from factories overseas to America's seaports," said Collins when she introduced the bill in November. "But too often, we don't know what's in these cargo containers. We don't know who's handled them. We don't know if what's written on the manifest actually matches what's inside the container. And we don't know what containers need extra scrutiny."

Proposals in the $835 million bill include creating an Office of Cargo Security Policy at the Department of Homeland Security (DHS). The new office would be charged with coordinating cargo security policies both within the DHS and between the DHS and other federal agencies. Another measure would overhaul the Customs-Trade Partnership Against Terrorism (C-TPAT) to address inefficiencies that were cited in a recent General Accountability Office (GAO) report. In addition, the bill would establish minimum security standards for U.S.-bound cargo, and joint operations centers designed to orchestrate a response and direct the resumption of commerce in the event of a terrorist attack.

The bill takes its name from a provision that would establish a so-called "GreenLane" for shippers that meet the highest standards of security. The GreenLane would address importers' complaints that C-TPAT does not provide meaningful benefits to compliant companies; importers that qualify for the GreenLane would receive clearly defined privileges, such as expedited cargo clearance and fewer customs inspections.

Senator Murray's spokesperson, Alex Glass, told Logistics Managementthat although C-TPAT and the Container Security Initiative, which assesses security at foreign seaports, have set requirements for compliance, the federal government is not doing enough to ensure those security measures are followed through. The Office of Cargo Security would fix this problem "by ensuring the accountability and coordination of cargo security policies and working closely with other agencies," Glass said.

As the legislation moves forward, it is vital that shippers understand the specifics of the bill and how it would directly impact them, said John Amos, chairman of the National Industrial Transportation League's Ocean Transportation Committee.

Amos expects that it will be some time before shippers can gauge the bill's effectiveness and whether it will meet national security objectives while responding to their concerns. "Shippers need alternatives and solutions for the challenges they face with cargo security," he said. "While politicians have good intentions, they cannot expect every single container entering a port to be examined either, because it would pretty much halt the U.S. economy."

Collins will be holding hearings on the proposed legislation early this year. For more information, go to http://murray.senate.gov and http://collins.senate.gov/public.

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