U.S. Customs and Border Protection: Trade Facilitation, Enforcement, and Security

[Excerpt] This report describes and analyzes import policy and CBP’s role in the U.S. import process. (The report does not cover CBP’s role in the U.S. export control system.) The first section of the report describes the three overarching goals of U.S. import policy and the tension among them. Second, the report provides a legislative history of customs laws, followed by an overview of the U.S. import process as it operates today. Third, the import process and CBP’s role in it are discussed. The final section highlights several policy issues that Congress may consider in its oversight role or as part of customs or trade legislation, including measures seeking to provide additional trade facilitation benefits to importers and others enrolled in “trusted trader” programs, to improve enforcement of intellectual property and trade remedy laws, to strengthen cargo scanning practices, and/or to promote modernization of customs data systems, among other issues. A list of trade-related acronyms used in the report is provided in Appendix A

Encouraging Corporate Innovation for Our Homeland During the Best of Times for the Worst of Times: Extending Safety Act Protections to Natural Disasters’

This article first analyzes the innovative tort reform of the SAFETY Act and then argues for expansion of SAFETY Act type risk protection to natural disasters such as hurricanes, earthquakes and wildfires. The SAFETY Act was drafted to stimulate the development and deployment of technologies that combat terrorism by providing liability protection. Applying the same type of legislation to natural disasters will provide a commensurate benefit of encouraging preparedness and development of technologies that could mitigate harms resulting from natural disasters. The Department of Homeland Security voiced a desire to increase the use of the SAFETY Act by private industry. This article argues that one way to increase the utility of the SAFETY Act and provide more value for the American public is for Congress to extend SAFETY Act protections, by amendment or new legislation, to cover risk related to national catastrophes

Trafficking in Persons: U.S. Policy and Issues for Congress

[Excerpt] This report focuses on international and domestic human trafficking and U.S. policy responses, with particular emphasis on the TVPA and its subsequent reauthorizations. The report begins with a description of key TIP-related definitions and an overview of the human trafficking problem. It follows with an overview of major foreign policy responses to international human trafficking. The report then focuses on responses to trafficking into and within the United States, examining relief for trafficking victims in the United States and discussing U.S. law enforcement efforts to combat domestic trafficking. The report concludes with an overview of current anti-trafficking legislation and an analysis of policy issues

Border Security: Understanding Threats at U.S. Borders

[Excerpt] The United States confronts a wide array of threats at U.S. borders, ranging from terrorists who may have weapons of mass destruction, to transnational criminals smuggling drugs or counterfeit goods, to unauthorized migrants intending to live and work in the United States. Given this diversity of threats, how may Congress and the Department of Homeland Security (DHS) set border security priorities and allocate scarce enforcement resources? In general, DHS’s answer to this question is organized around risk management, a process that involves risk assessment and the allocation of resources based on a cost-benefit analysis. This report focuses on the first part of this process by identifying border threats and describing a framework for understanding risks at U.S. borders. DHS employs models to classify threats as relatively high- or low-risk for certain planning and budgeting exercises and to implement certain border security programs. Members of Congress may wish to use similar models to evaluate the costs and benefits of potential border security policies and to allocate border enforcement resources. This report discusses some of the issues involved in modeling border-related threats

Assessing and augmenting SCADA cyber security: a survey of techniques

SCADA systems monitor and control critical infrastructures of national importance such as power generation and distribution, water supply, transportation networks, and manufacturing facilities. The pervasiveness, miniaturisations and declining costs of internet connectivity have transformed these systems from strictly isolated to highly interconnected networks. The connectivity provides immense benefits such as reliability, scalability and remote connectivity, but at the same time exposes an otherwise isolated and secure system, to global cyber security threats. This inevitable transformation to highly connected systems thus necessitates effective security safeguards to be in place as any compromise or downtime of SCADA systems can have severe economic, safety and security ramifications. One way to ensure vital asset protection is to adopt a viewpoint similar to an attacker to determine weaknesses and loopholes in defences. Such mind sets help to identify and fix potential breaches before their exploitation. This paper surveys tools and techniques to uncover SCADA system vulnerabilities. A comprehensive review of the selected approaches is provided along with their applicability

Designing and Operating Safe and Secure Transit Systems: Assessing Current Practices in the United States and Abroad, MTI Report 04-05

Public transit systems around the world have for decades served as a principal venue for terrorist acts. Today, transit security is widely viewed as an important public policy issue and is a high priority at most large transit systems and at smaller systems operating in large metropolitan areas. Research on transit security in the United States has mushroomed since 9/11; this study is part of that new wave of research. This study contributes to our understanding of transit security by (1) reviewing and synthesizing nearly all previously published research on transit terrorism; (2) conducting detailed case studies of transit systems in London, Madrid, New York, Paris, Tokyo, and Washington, D.C.; (3) interviewing federal officials here in the United States responsible for overseeing transit security and transit industry representatives both here and abroad to learn about efforts to coordinate and finance transit security planning; and (4) surveying 113 of the largest transit operators in the United States. Our major findings include: (1) the threat of transit terrorism is probably not universal—most major attacks in the developed world have been on the largest systems in the largest cities; (2) this asymmetry of risk does not square with fiscal politics that seek to spread security funding among many jurisdictions; (3) transit managers are struggling to balance the costs and (uncertain) benefits of increased security against the costs and (certain) benefits of attracting passengers; (4) coordination and cooperation between security and transit agencies is improving, but far from complete; (5) enlisting passengers in surveillance has benefits, but fearful passengers may stop using public transit; (6) the role of crime prevention through environmental design in security planning is waxing; and (7) given the uncertain effectiveness of antitransit terrorism efforts, the most tangible benefits of increased attention to and spending on transit security may be a reduction in transit-related person and property crimes

Governing autonomous vehicles: emerging responses for safety, liability, privacy, cybersecurity, and industry risks

The benefits of autonomous vehicles (AVs) are widely acknowledged, but there are concerns about the extent of these benefits and AV risks and unintended consequences. In this article, we first examine AVs and different categories of the technological risks associated with them. We then explore strategies that can be adopted to address these risks, and explore emerging responses by governments for addressing AV risks. Our analyses reveal that, thus far, governments have in most instances avoided stringent measures in order to promote AV developments and the majority of responses are non-binding and focus on creating councils or working groups to better explore AV implications. The US has been active in introducing legislations to address issues related to privacy and cybersecurity. The UK and Germany, in particular, have enacted laws to address liability issues, other countries mostly acknowledge these issues, but have yet to implement specific strategies. To address privacy and cybersecurity risks strategies ranging from introduction or amendment of non-AV specific legislation to creating working groups have been adopted. Much less attention has been paid to issues such as environmental and employment risks, although a few governments have begun programmes to retrain workers who might be negatively affected.Comment: Transport Reviews, 201