SAFE Port Act – Background, Provisions and Recent Developments
Background
After the 9/11 attacks, Congress enacted the Maritime Transportation Security Act (MTSA), aimed at improving port security. Enacted in November 2002, MTSA was designed, in part, to help protect the nation’s ports and waterways from terrorist attacks by requiring a wide range of security improvements. The Department of Homeland Security (DHS) administers much of this framework, which also attempts to balance security priorities with the need to facilitate legitimate trade.
The SAFE Port Act, which was enacted in October 2006, was an addition to this port security framework. It was created as a response to the bid by Dubai Ports World to acquire US ports run by P&O in 2006. This attempt by a foreign company to buy and run American ports led to a heated debate about national security and the possibility of increased terrorism risks. Around 17,000 imported containers enter 361 American ports per day and there weren’t enough safeguards in place to ensure that these containers didn’t pose a threat to national security.
The act made a number of adjustments to programs within this framework, creating additional programs or lines of effort and altering others. It created and codified new programs and initiatives, and amended some of the original provisions of MTSA.
Provisions:
The SAFE Port Act includes provisions that:
- Codified the Container Security Initiative (CSI) and the Customs-Trade Partnership Against Terrorism (C-TPAT), two programs administered by U.S. Customs and Border Protection (CBP) to help reduce threats associated with cargo shipped in containers, as well as established the Domestic Nuclear Detection Office (DNDO), which is responsible for conducting research, development, testing, and evaluation of radiation detection equipment
- Required interagency operational centers where agencies organize to fit the security needs of the port area at selected ports
- Set an implementation schedule and fee restrictions for Transportation Worker Identification Credential (TWIC)
- Required that all containers entering high-volume U.S. ports be scanned for radiation sources by December 31, 2007 and
- Required additional data be made available to CBP for targeting cargo containers for inspection.
SAFE Port Act Enforcement Agencies
The act created the following offices to oversee different aspects of port and trade security within the DHS:
- Office of Cargo Security Policy
- Director of Trade Policy
- Container Security Initiative
- Domestic Nuclear Detection Office
The law also requires the creation of an Office of International Trade within US Customs and Border Protection.
SAFE Port Act – Summary of Titles
The SAFE Port Act includes the following titles, each covering different aspects of port security, container safety and other issues. Following are the main highlights of each of the Act’s titles:
| Title | Highlights |
| Title I - Security of United States Seaports | Subtitle A - General Provisions
|
| Title II - Security of the International Supply Chain |
Subtitle A - General Provisions
Subtitle B - Customs-Trade Partnership Against Terrorism
|
| Title III - Administration |
|
| Title IV - Agency Resources and Oversight |
|
| Title V - Domestic Nuclear Detection Office |
|
| Title VI - Commercial Mobile Service Alerts |
|
| Title VII - Other Matters |
|
| Title VIII - Unlawful Internet Gambling Enforcement |
|
SAFE Port Act Enforcement Post 2006 Developments
A year after the SAFE Port Act became law, the Government Accountability Office did a study of the progress made on the legislation’s requirements.
Port security effort by Federal Agencies:
- Establishing committees to share information with local port stakeholders,
- Taking steps to establish interagency operations centers to monitor port activities,
- Conducting operations such as harbor patrols and vessel escorts,
- Writing port-level plans to prevent and respond to terrorist attacks,
- Testing such plans through exercises, and
- Assessing the security at foreign ports.
It was found that private facilities and federal agencies have taken action to improve security at about 3,000 individual facilities by:
- Writing facility-specific security plans,
- Inspecting facilities to determine compliance with their plans, and
- Developing special identification cards for workers to help prevent terrorists from getting access to secure areas
The security of cargo containers was found to have improved as agencies were enhancing systems to identify high-risk cargo, expanding partnerships with other countries to screen containers before they depart for the United States, and working with international organizations to develop a global framework for container security.
In April 2009, the Transport Security Administration fully implemented the Transportation Worker Identification Credential after a long delay. This transportation security card program covers around 750,000 individuals in facilities across the country.
Additional Resources
To read the SAFE Port Act in full, click here.
For more information on the Transportation Worker Identification Credential, please visit: http://www.tsa.gov/what_we_do/layers/twic/index.shtm
Learn more about C-TPAT program through the following ComplianceOnline webinars:
Preparing for a C-TPAT Revalidation
Domestic C-TPAT Validation Visit Preparation
Compliance Trainings
By - Suzanne Bullitt
On Demand Access Anytime
By - Linda B Sarabia
On Demand Access Anytime
By - Raymond Sullivan
On Demand Access Anytime
By - Kimberly Daniels
On Demand Access Anytime
Compliance Standards
