SENATE BILL TARGETS GAPS IN MARITIME, SUPPLY CHAIN SECURITY
Senators Diane Feinstein, D-Calif., and John Kyl, R-Ariz., on Tuesday introduced a bill designed to protect ocean vessels and ports from terrorist attacks and crime.
Many provisions in the Anti-Terrorism and Port Security Act of 2003 would appear to formalize into law efforts already undertaken since Sept. 11, 2001 by the Bureau of Customs and Border Protection and the Coast Guard to ensure the security of international container trade.
The bill would require every vessel to electronically transmit an accurate cargo manifest and sets fines of up to $50,000 and one-year imprisonment for failure to do so. It would instruct the Secretary of Homeland Security to develop a plan to profile and track imported containers and their merchandise. Common carriers, shippers and ocean transportation intermediaries would be required to provide information about their cargo and use a standard international bill of lading for each shipment. The Department of Homeland Security would notify the shipper and transportation provider if the shipment must be held for further inspection.
The bill would also require the Department of Homeland Security, which includes Customs, to review the National Customs Automation Program to make sure that information sharing by industry is compatible with the bill's shipment profile plan.
The bill would mandate DHS to set security performance standards for U.S. ports, minimum standards for electronic seals and issue security cards for transportation workers.
The bill appears to go one step beyond the Container Security Initiative begun by Customs to have U.S. personnel inspect cargo at 20 major ports. Instead, the bill would require DHS to develop a plan to station government or private sector inspectors at foreign manufacturing or steamship facilities.
The measure, if enacted, would impose penalties up to and including death on persons who attempt or succeed in destroying or damaging ships and marine terminals. The bill also would require carriers to report cargo theft offenses to the Justice Department.