Here's Salient Text Of Congress-Passed, President-Signed, Industry-Backed Container Security Text In "SAFE Port" Act

President Bush: ...Our seaports are a gateway to commerce, a source of opportunity, and a provider of jobs. Our ports could also be a target of a terrorist attack, and we're determined to protect them.

Since September the 11th, we've launched a series of new efforts to improve port security. We worked with Congress to pass the Maritime Transportation Security Act, which required American ports and vessels to adopt strict new security measures. We made wider use of intelligence to screen cargo and target suspicious containers for inspection. We worked with foreign partners to improve their security procedures. And with the bill I sign today, we renew a clear commitment: We will work tirelessly to keep our nation safe and our ports open for business.

The SAFE Port Act will build on progress and help us protect our ports in three key ways. First, the SAFE Port Act will strengthen physical security measures at our ports by helping us harness the power of technology. The bill authorizes the development of 21st century inspection equipment, so that Customs agents can check inside cargo containers for dangerous materials without having to open them. The bill also requires radiation detection technology at our 22 busiest ports by the end of next year. America has the best technology in the world, and with this bill we will apply that technology to make our ports the safest in the world.

Second, the SAFE Port Act provides legislative authority for key elements of our port security strategy. The bill codifies into law the Container Security Initiative, which we launched in 2002. Through this initiative, we have deployed American inspectors to dozens of foreign ports on five continents where they are screening cargo before it leaves for our country.

The bill also codifies into law the Customs Trade Partnership Against Terrorism, a joint effort between the public and private sectors to improve cargo security. Under this partnership, private shippers agree to improve their own security measures, and in return, they can receive benefits including expedited clearance through our ports.

And the bill provides additional authority for the Domestic Nuclear Detection Office, which we established to guard against the threat of terrorists smuggling a nuclear device into our country.

All these efforts are smart. They're working. And with this bill, they're here to stay.

Finally, the SAFE Port Act requires the Department of Homeland Security to establish a plan to speed the resumption of trade in the event of a terrorist attack on our ports or waterways. This bill makes clear that the federal government has the authority to clear waterways, identify cleanup equipment, and reestablish the flow of commerce following a terrorist attack. We'll do everything we can to prevent an attack, but if the terrorists succeed in launching an attack, we'll be ready to respond.

In this important new legislation, members of several House and Senate committees took components of the GreenLane Maritime Cargo Security Act (S. 2459), the SAFE Port Act (H.R. 4954) and the Public Transportation Terrorism Prevention Act of 2006 (S. 2791) to develop a bill that enhances port and cargo security at home, strengthens the lone federal program that helps America’s ports harden their facilities against terrorism, and reduces the potential for terrorists or weapons to reach our shores via maritime commerce," said Kurt Nagle, AAPA’s president and CEO.

Mr. Nagle recognized Representatives Dan Lungren (R-CA) and Jane Harman (D-CA) for introducing and moving their version of the port security legislation through the House. He credited Senators Susan Collins (R-ME; chair, Senate Committee on Homeland Security & Government Affairs) and Patty Murray (D-WA), together with Senators Ted Stevens (R-AK) and Daniel Inouye (D-HI), of the Senate Commerce, Science and Transportation Committee, as the key drivers for negotiating a similar bill in the Senate.

"By passing the SAFE Port Act, we’re gratified that Congress recognizes it needs to have a greater financial partnership with U.S. ports to pay for critical seaport security measures," said Mr. Nagle. "Yet, for this upcoming fiscal year, dramatic differences remain between the amount Congress recommended for port security and what it will actually fund."

As used in the bill:

"Commissioner" means Commissioner responsible for the U.S. Customs and Border Protection of the Dept. of Homeland Security

"Department" means Department of Homeland Security

"Radiation Detection Equipment" means any technology that is capable of detecting or identifying nuclear and radiological material or nuclear and radiological explosive devices

"Scan" means utilizing nonintrusive imaging equipment, radiation detection equipment, or both, to capture data, including images of a container

"Secretary" means the Secretary of the Dept. of Homeland Security]

[Salient bill text]

Subtitle C Port Operations

Section 121, Domestic Radiation Detection and Imaging

(a) Scanning containers -- Subject to [federal law dealing with emergencies], not later than December 31, 2007, all containers entering the United States through the 22 ports through which the greatest volume of containers enter the United States by vessel shall be scanned for radiation. To the extent practicable, the Secretary shall deploy next generation radiation technology.

Strategy -- The Secretary shall develop a strategy for the deployment of radiation detection capabilities that includes --

(1) a risk-based prioritization of ports of entry at which radiation detection equipment shall be deployed;

(2) a proposed timeline when radiation detection equipment will be deployed at each port of entry identified under paragraph (1)

(3) the type of equipment to be used...;

(4) standard operating instructions for examining containers with such equipment...;

(5) operator training plans;

(6) an evaluation of the environmental health and safety impacts of non-intrusive imaging technology and a radiation risk reduction plan...that seeks to minimize radiation of exposure of workers and the public to level as low as reasonably achievable;

(7) the policy of the Department for using non-intrusive imaging equipment in tandem with radiation detection equipment...;

(8) a classified annex...

(c) Report

Not later than 90 days after the date of enactment of this Act, the Secretary shall submit the strategy developed under section (b) to the appropriate congressional committees.

(d) Update

Not later than 180 days after the date of submission of the report under subsection (c), the Secretary shall provide a more complete evaluation under subsection (b)(6)

(e) Other Weapons of Mass Destruction Threats

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the feasibility of, and a strategy for, the development of equipment to detect and prevent shielded nuclear and radiological threat material, and chemical, biological and other weapons of mass destruction from entering the United States.

(f) Standards -- [technical capability standards]

(g) Implementation -- Not later than 3 years after the date of the enactment of this Act, the Secretary shall fully implement the strategy developed under subsection (b)

(h) [Expansion to other ports of entry]

(i) Intermodal Rail Radiation Detection Center

(1) Establishment -- ...In accordance with subsection (b)...the Secretary shall establish an Intermodal Rail Radiation Detection Test Center...

(2) Projects -- The Secretary shall conduct multiple, concurrent projects at the Test Center to rapidly identify and test concepts specific to the challenges posed by on-dock rail.

(3) Location -- The Test Center shall be located within a public port facility at which a majority of the containerized cargo is directly laden from (or unladen to) on-dock, intermodal rail.

...

Section 123 Random Searches of Containers

Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall develop and implement a plan, utilizing best practices for empirical scientific research design and random sampling, to conduct random searches of containers in addition to any preshipment inspection required of such containers...

...

Section 204 Container Security Standards and Procedures

(1) In General -- Not later than 90 days after the date of enactment of this Act, the Secretary shall initiate a rulemaking proceeding to establish minimum standards and procedures for securing containers in transit to the United States.

(2) Interim Rule -- Not later than 180 days after the date of enactment of this Act, the Secretary shall issue an interim final rule pursuant to the proceeding described in paragraph (1).

(3) Missed Deadline -- If the Secretary is unable to meet the deadline specified in paragraph (2), the Secretary shall submit a letter to the appropriate congressional committees explaining why the Secretary is unable to meet that deadline and describing what must be done before such minimum standards and procedures can be established.

(4) Deadline for Enforcement -- Not later than 2 years after the date on which the standards and procedures are established pursuant to paragraph (1), all containers bound for ports of entry in the United States shall meet such standards and procedures.

...

Section 205 -- Container Security Initiative

(a) Establishment -- The Secretary, acting through the Commissioner, shall establish and implement a program (referred to in this section as the "Container Security Initiative" or "CSI") to identify and examine or search maritime containers that pose a security risk before loading such containers in a foreign port for shipment to the United States, either directly or through a foreign port...

...

(e) Overseas Inspections

(1) Requirements and procedures -- The Secretary shall --

(A) Establish minimum technical capability criteria and standard operating procedures for the use of nonintrusive inspection and nuclear and radiological detection systems in conjunction with CSI;

(B) Require each port designated under CSI to operate nonintrusive inspection and nuclear and radiological detection systems in accordance with the technical capability criteria and standard operating procedures established in subparagraph (A);

...

(j) Lesser Risk Port

The Secretary, acting through the Commissioner, may treat cargo loaded in a foreign seaport designated under the Container Security Initiative as presenting a lesser risk than similar cargo loaded in a foreign port that is not designated under the Container Security Initiative, for the purpose of clearing such cargo into the United States.