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Weekly UpdatesThe Safe Accountability For Every Port Act (SAFE act, 2006)--now a multifaceted sweeping port-security legislation as of October 2006-will impact Alaska ports and customers on many levels.
The object of the SAFE Act is to maintain a "secure state" post-Sept.11, 2001, but not a "security state," providing enhanced border protection while preserving the flow of commerce, according to Mike Milne, press officer, U.S. Customs and Border Patrol, Alaska jurisdiction.
The new law encompasses several programs and initiatives like:
* The Container Security Initiative through which Customs and Border Patrol agents examine international cargo and identify potential threats before at-risk cargo is loaded on ships headed for U.S. ports like Anchorage, according to Mike Milne, press officer, U.S. Customs and Border Patrol, Alaska jurisdiction.
* Increasing the number of random searches using the Automated Targeting System, a computerized system that helps the Department of Homeland Security to rate cargo for risk levels.
* A public/private, international voluntary program called the Customs-Trade Partnership Against Terrorism, which secures the international supply chain and U.S. ports and borders.
* A plan to examine containers entering the U.S. for radiation and Weapons of Mass Destruction.
* The new TWIC (Transportation Worker Identification Credential), which is a biometric identification smartcard designed to provide positive identification for eligible transportation workers needing unescorted access to secure areas of a seaport or vessel.
* WARN (the Warning, Alert and Response Network), which will be a voluntary, national emergency alert system utilizing wireless technologies (eventually replacing the current Emergency Alert System).
* Finally, the legislation requires policies for responding to maritime transportation incidents or disruptions.
The SAFE Act extends many of these initiatives to foreign ports and shippers (as described in this article), with the option to reject shipments at the foreign port if necessary for those that don't comply, according to Milne.
CAUTION OR RISK?
According to the U.S. Senate Commerce Committee (chaired by Sen. Ted Stevens, R- Alaska), Container Security Initiative enables Customs and Border Patrol agents to partner with foreign customs services to examine high-risk cargo containers at foreign seaports. The Container Security Initiative "pushes our borders out" to foreign soil where cargo can be examined and accepted or rejected before being loaded on a ship bound for the U.S., according to Milne.
For these examination tasks, Customs and Border Patrol officials are equipped with a 24-hour advance on manifest data, as well as strategic intelligence in order to identify containers that might pose security risks. High-risk containers are screened and evaluated using X-rays, gamma rays and radiation via detection machines devices. If a container poses a risk, it will not be loaded on a vessel bound for an Alaska (or any U.S.) port, according to the committee.
The Container Security Initiative program has so far deployed U.S. customs and border patrol officers in 50 ports of entry around the world, according to Milne.
Customs and border patrol officers are ensured an advance manifest by the Container Security Initiative's 24-hour rule: "any carrier, any steam ship company, that is going to be bringing a cargo into the U.S. has to send us an electronic manifest of what is going to be on that ship 24 hours before it's loaded," says Milne.
That data is loaded into the Automated Targeting System. "Based on past histories and an algorithmic scoring method, we assign risk factors to certain cargoes," says Milne. The Automated Targeting System helps determine which cargo must be examined further.
The Customs-Trade Partnership Against Terrorism, another SAFE mandated initiative, requires the commissioner of the Customs Border Patrol to certify the security of the supply chain of any business from the original manufacturer's location to the final U.S. destination. Together, the Container Security Initiative and Customs-Trade Partnership Against Terrorism help ensure the security of Alaska (and other) ports and aid Alaska businesses, importers, exporters, and brokers in assuring the security of products entering, leaving or traversing the state.
There are approximately 6,000 businesses in the partnership today, according to Milne, including most major importers to the U.S. and companies that ship to the U.S. on a daily basis. Supply chains are secured from foreign companies to the trucking industry to the steamships that enter U.S. ports. "Their security practices are such that we have a high level of confidence that A) they are not introducing anything harmful and B) they are not allowing anything harmful to be piggybacked in on their shipments," says Milne.
As a byproduct of compliance, foreign ports and shippers that join Customs-Trade Partnership Against Terrorism and maintain high security levels get their cargo passed through customs faster, according to Milne.
WEAPONS OF MASS DESTRUCTION
Initially, the SAFE Act authorizes a pilot program where the Department of Homeland Security designates three foreign seaports to test container scanning, electronic image transmission (images of the containers), resolution of all radiation alarms and storage of the scanned data for later use, according to the committee.
According to the committee, the pilot program will assess whether it is practical to scan each of more than 11 million containers that enter the U.S. each year.
Currently, radiation detection is facilitated by Personal Radiation Detectors carried by Customs and Border Patrol officers. Fixed radiation detection devices are also being deployed. If a person or cargo emits detectable radiation, it is further examined using Radiation Isotope Identifiers, which can identify the specific source for the radiation, such as uranium, for example.
The pilot will work in conjunction with the Automated Targeting System, using it to target cargo for inspection.
Automated Targeting System enables better analysis, allowing the Department of Homeland Security to use their resources more efficiently and to target cargo that poses a high risk. A better understanding of the contents of cargo containers bound for Alaska's ports will make the ports more secure, according to the committee.
The SAFE Act requires the Department of Homeland Security to find and incorporate more cargo information into Automated Targeting System to improve high-risk cargo targeting. High-risk cargo is targeted for closer manual inspection.
BIG BROTHER IS WATCHING
According to the Senate Commerce Committee, to obtain Transportation Worker Identification Credentials, eligible workers or employers must submit a per-worker fee for a background check. The Department of Homeland Security must determine that the examined worker poses no security risk in order for him/her to receive the credential.
The SAFE Act requires a phased rollout of Transportation Worker Identification Credentials beginning with the 10 highest priority seaports by July 1, 2007, the next 40 priority ports by Jan. 1, 2008, and at all other seaports by Jan. 1, 2009, according to the committee.
"The cost that has been published is U.S. $135. That includes the threat assessment and issuance of the card with the full worker background on it," says John Farthing, chief, contingency planning and force readiness, U.S. Coast Guard Sector, Anchorage.
The Transportation Security Administration (TSA) and the Coast Guard, both entities within Department of Homeland Security, are pursuing the launch of Transportation Worker Identification Credentials in the maritime sector first, encompassing approximately 850,000 individuals. The TSA will expand the program to the rail, trucking and aviation sectors after the maritime rollout, according to the committee.
To safeguard the identity of applicants, all enrollment information is encrypted, protected from unauthorized use. The card will contain biographic and biometric information in addition to a digital photo, which will increase the security of the card and ensure proper use. Access control readers will be installed in various areas of the ports, enhancing security and limiting entry to secure areas, according to the committee.
As stipulated in the SAFE Act, all maritime transportation workers, including those working in Alaska ports, will have to apply for and submit the required biographic and biometric information to apply for Transportation Worker Identification Credentials.
INTRUSION OR NECESSITY?
"Everything in the Transportation Worker Identification Credential final rule (published in January) convinces us that this is really a very important step in enhancing port security. We like the way that it's being brought on board, with good information, the ability to coordinate with our Coast Guard sector, a timeline that will be published in the federal register and information about the opening of enrollments," says Donna G. Boltz, deputy director, the Port of Anchorage.
According to Boltz, Transportation Worker Identification Credentials offer the Port of Anchorage a tool to make sure that only the people who should be on the port are on the port. "We think it's more than reasonable for the price of enhancing security at the port," says Boltz.
The port will have to install new technologies, designate Transportation Worker Identification Credential enrollment centers and begin to conduct background checks and there will be some challenges, adds Boltz, specifying that there also will be costs for Transportation Worker Identification Credential card readers, the cards and background checks. Transportation Worker Identification Credentials also must be integrated with the rest of port security. "Every part of security that you implement is layered. So, the Transportation Worker Identification Credential is not a stand-alone program for us. It is an integral part of a security plan. It can impact your overall security plan. We don't know how all that will play out yet," says Boltz.
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