New Measure Tightens Port Security
Congress has passed a bill that tightens port and container security and addresses problems with the Transportation Workers Identity Credential.
The Security and Accountability for Every (SAFE) Port Act is aimed in part at preventing weapons from being smuggled into the country in cargo containers. For example, it requires the largest 22 ports to install radiation detectors by the end of 2007, and provides for screening of all inbound containers and scanning of all inbound containers identified as "high risk." It sets up pilot programs at several foreign ports to test cargo inspection techniques, and authorizes $400 million a year over five years for port security training and exercises.
Another provision calls on the Department of Homeland Security to develop protocols for getting trade moving after a disruption. Port administrators and transportation experts have learned that while it is relatively easy to shut down a port, it is not a simple thing to get it started back up after the threat has been dealt with. One element of this provision gives priority to companies that participate in the Customs-Trade Partnership Against Terrorism program. C-TPAT, as it is called, certifies companies that have demonstrated a higher level of security performance.
The bill also establishes an Office of Cargo Security Policy, and orders the DHS secretary to come up with a plan to improve the security of the international supply chain.
The bill addresses, but does not resolve, trucking industry concerns about the TWIC program. Trucking interests have complained that TWIC is a piecemeal, overpriced program. It requires different background check systems and credentials for different modes, and the costs in dollars and time are too high.
Philip Byrd Sr., president and CEO of Bulldog Hiway Express, recently told the House Small Business Committee that TWIC should be a single, national program without redundant checks and costs. "The trucking industry understands that securing the nation's supply chain involves costs," he said. "Motor carriers like mine are more likely willing to bear the costs of one, but not multiple, background checks and security credentials."
The SAFE Ports Act does not deal with the problem of multiple background checks – it only addresses maritime security concerns. It does say that TSA cannot levy a fee for a background check on a driver who already has cleared a check for a hazardous materials endorsement. And it gives the comptroller general six months to come up with a report that identifies redundant background checks and recommends ways to eliminate them.
Another provision requires DHS to perform name-based background checks on truck drivers serving secure port areas who do not have a hazmat endorsement on their commercial driver's license.
The bill also contains several truck-specific measures concerning the commercial driver's license and cross-border trucking.
It gives DOT 18 months to come up with a regulation requiring an applicant for a CDL to prove that he is a U.S. citizen. Right now, some states simply require a Social Security number with no additional documentation – not enough to prove that the applicant is a citizen or a legal resident. The bill also says the department must require states to follow up on drivers suspected of obtaining a CDL fraudulently, and impose sanctions on states that do not control fraud.
The department also must produce guidelines for law enforcement on how to spot drivers violating rules covering cross-border trucking, and set up a way to verify a carrier's operating authority during a roadside inspection.
– Oliver B. Patton, Washington Editor
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