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Latest maritime security bill focuses on ports

The SAFE Port Act of 2006 includes a laundry list of mandates for the Department of Homeland Security.

By Jeff Berman, Senior Editor -- Logistics Management, 4/1/2006

WASHINGTON—A bipartisan piece of legislation introduced in the House of Representatives last month by Dan Lungren (R-Calif.) and Jane Harman (D-Calif.) seeks to strengthen a number of port security programs.

H.R. 4954, the Security and Accountability For Every (SAFE) Port Act of 2006, is a companion to S. 2008, the GreenLane Maritime Security Act of 2005, say its authors. There are several differences, but the House bill covers much of the same ground as S. 2008. (See "Proposed legislation takes aim at federal security programs," January 2006, online at www.logisticsmgmt.com.)

The SAFE Port Act contains more than two dozen provisions in three areas: enhancing security at U.S. ports, preventing threats from reaching the United States, and tracking and protecting containers while en route to this country. Key provisions would require the Department of Homeland Security (DHS) to scan 100 percent of inbound containers for radiation; check all port employees against terrorist "watch" lists; develop protocols for resuming port operations following a terrorist attack; establish standards for securing containers within 180 days; and conduct additional research on port security technology.

The bill also mandates changes in minimum security standards and benefits for participants in the Customs-Trade Partnership Against Terrorism (C-TPAT) program; adds new data and procedural requirements for overseas inspections of containers, automated targeting of high-risk shipments, and sharing of international trade data; and authorizes DHS to loan detection equipment and provide training to cooperating foreign governments.

The bill seeks funding of about $800 million per year, or $4 billion, for fiscal years 2007–2012, a Harman congressional aide told Logistics Management. That would include a dedicated Port Security Grant Program for high-risk ports, said Lungren in a statement announcing the proposed legislation.

The SAFE Port Act is one of several pieces of maritime-security legislation that have been introduced in Congress in recent weeks. Most include mandates for dramatically increased screening and inspections of inbound containers.

Many industry experts are concerned about the potential impact of this and similar bills on the flow of international trade. Albert Saphir, president of international trade consultants ABS Consulting in Marietta, Ga., suggested that scanning millions of containers would not be achievable or even meaningful. "One-hundred-percent scanning is worthless if there is no method or manpower to analyze the data," he said. "Who is going to sift through that massive amount of data?" Saphir also questioned whether government-mandated technology would actually improve container security.

If the bill should become law, Saphir believes, it would add considerable cost and time to supply chains. "Logistics managers will be hard-pressed to plan and budget for these additional expenses," he said.

John Amos, chairman of the National Industrial Transportation League's Ocean Transportation Committee, expressed concern about legislation that is "not well thought out and not practical in its application." Ensuring sufficient funding and securing agreement on procedures for implementing maritime security measures must be top priorities, he said. "Shippers need to have more of a say in terms of security, because as it stands now, their supply chains are going to be slowed down due to these proposals."

Text of the SAFE Port Act is available at www.house.gov/chs.

—Managing Editor Toby Gooley contributed to this report

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