[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2297 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2297
To improve intermodal shipping container transportation security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 7, 2004
Mrs. Hutchison (for herself and Ms. Snowe) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To improve intermodal shipping container transportation security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intermodal Shipping Container
Security Act''.
SEC. 2. NATIONAL TRANSPORTATION SECURITY STRATEGY.
In carrying out section 114(f) of title 49, United States Code, the
Under Secretary of Homeland Security for Border and Transportation
Security shall take into account the National Maritime Transportation
Security Plan prepared under section 70103 of title 46, United States
Code, by the Secretary of the department in which the Coast Guard is
operating when the plan is prepared in order to ensure that the
strategy for dealing with threats to transportation security developed
under section 114(f)(3) of title 49, United States Code, incorporates
relevant aspects of the National Maritime Transportation Security Plan
and addresses all modes of commercial transportation to, from, and
within the United States.
SEC. 3. COMPREHENSIVE STRATEGIC PLAN FOR INTERMODAL SHIPPING CONTAINER
SECURITY.
(a) Strategic Plan.--
(1) In general.--Within 180 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure a strategic plan for
integrating security for all modes of transportation by which
intermodal shipping containers arrive, depart, or move in
interstate commerce in the United States that--
(A) takes into account the security-related
authorities and missions of all Federal, State, and
local law enforcement agencies that relate to the
movement of intermodal shipping containers via air,
rail, maritime, or highway transportation in the United
States; and
(B) establishes as a goal the creation of a
comprehensive, integrated strategy for intermodal
shipping container security that encompasses the
authorities and missions of all those agencies and sets
forth specific objectives, mechanisms, and a schedule
for achieving that goal.
(2) Updates.--The Secretary shall revise the plan from time
to time.
(b) Identification of Problem Areas.--In developing the strategic
plan required by subsection (a), the Secretary shall consult with all
Federal, State, and local government agencies responsible for security
matters that affect or relate to the movement of intermodal shipping
containers via air, rail, maritime, or highway transportation in the
United States in order to--
(1) identify changes, including legislative, regulatory,
jurisdictional, and organizational changes, necessary to
improve coordination among those agencies;
(2) reduce overlapping capabilities and responsibilities;
and
(3) streamline efforts to improve the security of such
intermodal shipping containers.
(c) Establishment of Steering Group.--The Secretary shall
establish, organize, and provide support for an advisory committee, to
be known as the Senior Steering Group, of senior representatives of the
agencies described in subsection (c). The Group shall meet from time to
time, at the call of the Secretary or upon its own motion, for the
purpose of developing solutions to jurisdictional and other conflicts
among the represented agencies with respect to the security of
intermodal shipping containers, improving coordination and information-
sharing among the represented agencies, and addressing such other,
related matters, as the Secretary may request.
(d) Annual Report.--The Secretary, after consulting the Senior
Steering Group, shall submit an annual report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
describing the activities of the Senior Steering Group and the
Secretary under this section, describing the progress made during the
year toward achieving the objectives of the plan, and including any
recommendations, including legislative recommendations, if appropriate
for further improvements in dealing with security-issues related to
intermodal shipping containers and related transportation security
issues.
(e) Biennial Expert Critique.--
(1) Expert panel.--A panel of experts shall be convened
once every 2 years by the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure to review plans
submitted by the Secretary under subsection (a).
(2) Membership.--The panel shall consist of--
(A) 4 individuals selected by the chairman and
ranking member of the Senate Committee on Commerce,
Science, and Transportation and by the chairman and
ranking member of House of Representatives Committee on
Transportation and Infrastructure, respectively; and
(B) 1 individual selected by the 4 individuals
selected under subparagraph (A).
(3) Qualifications.--Individuals selected under paragraph
(2) shall be chosen from among individuals with professional
expertise and experience in security-related issues involving
shipping or transportation and without regard to political
affiliation.
(4) Compensation and expenses.--An individual serving as a
member of the panel shall not receive any compensation or other
benefits from the Federal Government for serving on the panel
or be considered a Federal employee as a result of such
service. Panel members shall be reimbursed by the Committees
for expenses, including travel and lodging, they incur while
actively engaged in carrying out the functions of the panel.
(5) Function.--The panel shall review plans submitted by
the Secretary under subsection (a), evaluate the strategy set
forth in the plan, and make such recommendations to the
Secretary for modifying or otherwise improving the strategy as
may be appropriate.
SEC. 4. SHIPPING CONTAINER INTEGRITY INITIATIVE.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended--
(1) by redesignating section 70117 as section 70118; and
(2) by inserting after section 70116 the following:
``Sec. 70117. Enhanced container-related security measures.
``(a) Tracking Intermodal Container Shipments in the United
States.--The Secretary, in cooperation with the Under Secretary of
Border and Transportation Security, shall develop a system to increase
the number of intermodal shipping containers physically inspected
(including noninstrusive inspection by scanning technology), monitored,
and tracked within the United States.
``(b) Smart Box Technology.--Under regulations to be prescribed by
the Secretary, beginning with calendar year 2007 no less than 50
percent of all ocean-borne shipping containers entering the United
States during any calendar year shall incorporate `Smart Box' or
equivalent technology developed, approved, or certified by the Under
Secretary of Homeland Security for Border and Transportation Security.
Beginning with calendar year 2009, any such container that does not
incorporate `Smart Box' or equivalent technology may not enter the
United States.
``(c) Development of International Standard for Smart Containers.--
The Secretary shall--
``(1) develop, and seek international acceptance of, a
standard for `smart' maritime shipping containers that
incorporate technology for tracking the location and assessing
the integrity of those containers as they move through the
intermodal transportation system; and
``(2) implement an integrated tracking and technology
system for such containers.''.
(b) Conforming Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by striking the item relating
to section 70117 and inserting the following:
``70117. Enhanced container-related security measures.
``70118. Civil penalties.''.
SEC. 5. ADDITIONAL RECOMMENDATIONS.
Within 180 days after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure a report that contains
the following:
(1) Recommendations about what analysis must be performed
and the cost to develop and field a cargo container tracking
and monitoring system within the United States which tracks all
aviation, rail, maritime, and highway cargo containers equipped
with smart container technology.
(2) Recommendations on how the Department of Homeland
Security could help support the deployment of such a system.
(3) Recommendations as to how current efforts by the
Department of Homeland Security and other Federal agencies
could be incorporated into the physical screening or inspection
of aviation, rail, maritime, and highway cargo containers
within the United States.
(4) Recommendations about operating systems and standards
for those operating systems, to support the tracking of
aviation, rail, maritime, and highway cargo containers within
the United States that would include the location of regional,
State, and local operations centers.
(5) A description of what contingency actions, measures,
and mechanisms should be incorporated in the deployment of a
nationwide aviation, rail, maritime, and highway cargo
containers tracking and monitoring system which would allow the
United States maximum flexibility in responding quickly and
appropriately to increased terrorist threat levels at the
local, State, or regional level.
(6) A description of what contingency actions, measures,
and mechanisms must be incorporated in the deployment of such a
system which would allow for the quick reconstitution of the
system in the event of a catastrophic terrorist attack which
affected part of the system.
(7) Recommendations on how to leverage existing information
and operating systems within State or Federal agencies to
assist in the fielding of the system.
(8) Recommendations on co-locating local, State, and
Federal agency personnel to streamline personnel requirements,
minimize costs, and avoid redundancy.
(9) An initial assessment of the availability of private
sector resources which could be utilized, and incentive systems
developed, to support the fielding of the system, and the
maintenance and improvement as technology or terrorist threat
dictate.
(10) Recommendations on how this system that is focused on
the continental United States would be integrated into any
existing or planned system, or process, which is designed to
monitor the movement of cargo containers outside the
continental United States.
SEC. 6. IMPROVEMENTS TO CONTAINER TARGETING SYSTEMS.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Secretary of Homeland Security shall submit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure that
provides a preliminary plan for strengthening the Bureau of Customs and
Border Protection's container targeting system. The plan shall identify
the cost and feasibility of requiring additional non-manifest
documentation for each container, including purchase orders, shipper's
letters of instruction, commercial invoices, letters of credit, or
certificates of origin.
(b) Reduction of Manifest Revision Window.--Within 60 days after
the date of enactment of this Act, the Secretary of Homeland Security
shall issue regulations under which the time period for revisions to a
container cargo manifest submitted to the Bureau of Customs and Border
Protection shall be reduced from 60 days to 45 days after arrival at a
United States port.
(c) Supply Chain Information.--Within 180 days after the date of
enactment of this Act, the Secretary of Homeland Security shall develop
a system to share threat and vulnerability information with all of the
industries in the supply chain that will allow ports, carriers, and
shippers to report on security lapses in the supply chain and have
access to unclassified maritime threat and security information such as
piracy incidents.
SEC. 7. INCREASE IN NUMBER OF CUSTOMS INSPECTORS ASSIGNED OVERSEAS.
(a) In General.--The Secretary of Homeland Security shall
substantially increase the number of United States Customs Service
inspectors assigned to duty outside the United States under the
Container Security Initiative of the United States Customs Service with
responsibility for inspecting intermodal shipping containers being
shipped to the United States.
(b) Staffing Criteria.--In carrying out subsection (a) the
Secretary of Homeland Security shall determine the appropriate level
for assignment and density of customs inspectors at selected
international port facilities by a threat, vulnerability, and risk
analysis which, at a minimum, considers--
(1) the volume of containers shipped;
(2) the ability of the host government to assist in both
manning and providing equipment and resources;
(3) terrorist intelligence known of importer vendors,
suppliers or manufacturers; and
(4) other criteria as determined in consult with experts in
the shipping industry, terrorism, and shipping container
security.
(c) Minimum Number.--The total number of customs inspectors
assigned to international port facilities shall not be less than the
number determined as a result of the threat, vulnerability, and risk
assessment analysis which is validated by the Administrator of the
Transportation Security Administration within 180 days after the date
of enactment of this Act.
(d) Plan.--The Secretary shall submit a plan to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure, with
timelines, for phasing inspectors into selected port facilities within
180 days after the enactment of this Act.
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