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“MARITIME TRANSPORTATION ANTITERRORISM ACT OF 2002” mentioning the U.S. Dept. of Transportation was published in the Extensions of Remarks section on pages E970-E971 on June 6, 2002.
The publication is reproduced in full below:
MARITIME TRANSPORTATION ANTITERRORISM ACT OF 2002
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speech of
HON. ROBERT MENENDEZ
of new jersey
in the house of representatives
Tuesday, June 4, 2002
Mr. MENENDEZ. Madam Speaker, I come today to address the critical issue of American seaport security. I am acutely aware of the dangerous possibilities for terrorist acts against our seaports since I represent the third largest and the busiest seaport on the East Coast of the United States--the Port of New York/New Jersey, which creates over 229,000 jobs and generates more than $25 billion in commerce.
As we are all sadly aware, a terrorist's intent is not only to kill innocent people and destroy valuable property, but also to destroy our livelihoods and our way of life. Any terrorist action against our strategic seaports would have disastrous effects nationally and internationally. Any attempt on our part to grapple with the complex issues and details of developing and implementing a maritime security system must take into consideration the fact that we will need international cooperation and equal security capabilities.
We need to ensure the safety of cargo originating overseas, which then must pass through the global chain of custody, before it reaches our domestic ports. To fully understand the scope of dealing with maritime security, simply imagine that every single container bound for entry into the United States or simply passing through the United States is a potential weapon of mass destruction. Every ship could be a delivery system of doom and every port a potential target. Now realize that the equivalent of six million containers entered the United States last year aboard 7,500 commercial vessels making 51,000 port calls.
H.R. 3983, the Maritime Transportation Anti-Terrorism Act of 2002, as amended, is an important step in ensuring the safety of cargo originating overseas. Together with the manager's amendment adding the Coast Guard reauthorization bill and the Custom's reauthorization act passed by the House shortly before the Memorial Day Work Period, the Congress is finally taking a comprehensive approach to port security.
Perhaps most critical to a timely global implementation of a port security system is the fact that H.R. 3983 incorporates the need to work effectively with foreign governments in order to ensure national security. This bill calls for the Department of Transportation to identify foreign ports that pose a security risk to the United States. If the Department finds a foreign port's security measures to be inadequate, it will make recommendations to improve these security measures. But if the foreign port fails to take corrective actions within 90 days, the Department can prescribe additional security conditions for ships and cargo entering the United States from these ports.
The bill also requires development of a cargo identification, tracking, and screening system, as well as performance standards to enhance the physical security of shipping containers. Also important is H.R. 3983's inclusion of a deadline (June 30, 2003) for the deployment of this cargo security system. We all know that such a time schedule is crucial to the protection of our people, seaports and national and international commerce. There is no time to waste on this endeavor. We must start and complete this strategy against terrorism greatly reduce the degree of vulnerability of our ports.
Finally, it codifies an emergency Coast Guard rule put in place immediately after the attacks of September 11th. Under this rule, shipping companies must electronically transmit passenger and crew manifests to the Department of Transportation prior to the vessel entering the United States.
Unfortunately, H.R. 3983 is vague or does not address many issues important to port security and I hope that my colleagues will address these issues in conference. For example, the bill creates a single, national transportation security card to be issued to port workers, merchant mariners, and truck drivers who work in ``secure'' areas based on the successful completion of a background check. Background checks and a single security card are something we have been doing at the Port of New York-New Jersey for many years. However, it remains to be seen how this single, national transportation security card is going to work in an actual seaport setting and I urge my colleagues to heed the concerns raised by those who actually run and work at our nation's seaports. These concerns include having a set of clear, defined standards; the ability to appeal based on merit, not just technicalities; and the fluidity of port traffic among many levels of security.
Another concern is the inadequate funding to assist ports in addressing the threat of terrorism. H.R. 3983 authorizes $225 million in grants over the next three years to assist U.S. ports in implementing the Coast Guard-approved maritime antiterrorism plans. Congress appropriated $93 million in the Defense Supplemental Bill to initiate this program. Unfortunately, the need greatly exceeds the amount provided in this bill.
The question becomes ``How do we develop and implement a worldwide maritime security system which ensures the maximum security while causing minimal disruption to domestic and international commerce?'' If we are serious about ensuring the safety of our seaports, then we must also ensure that sufficient funding is available for the development and implementation of the necessary technology, as well as for the training and hiring of additional personnel, if needed.
Among the important provisions of the Maritime Transportation Antiterrorism Act of 2002 is the specific placement of the primary responsibility for the development of standards and programs under the newly created Transportation Security Administration headed by the Undersecretary for Transportation Security.
Ladies and gentlemen, we know now that the security of our homeland is a matter that concerns everyone in the country. We have been entrusted with the grave responsibility of developing timely and cost effective solutions to the complex issue of national security.
There are many questions still to be answered and many difficult decisions from our part still to be made. However, there are certain irrefutable facts that must guide us in making those decisions:
Our seaport security systems are currently neither comprehensive enough nor strong enough to deter a terrorist act.
Developing and implementing an effective seaport security system will require the cooperation and coordination with local, state and Federal government, port authorities, terminal operators, shippers and ocean carriers, and everyone involved in maritime transportation activities including labor.
In order to protect our national seaports, we must ensure that all ships and cargo bound for an American port have been inspected and cleared for entry. Thus, we must enlist the cooperation of foreign governments and make sure that these governments also have comparable security capabilities.
The development and implementation of a global maritime security system will require a substantial financial commitment, regardless of what cost-cutting measures may be taken.
The time for developing such a security system is now. Any legislative bill that passes the House must have a timetable or deadline for deployment.
We have an onerous responsibility upon our shoulders and we will have to make some very difficult decisions in the near future regarding the overall security of our beloved homeland. However, we should not despair. For over seven months we have seen how united our country has been in our determination to confront terrorism and our refusal to allow a terrorist attack to change our American way of life. We have demonstrated our courage, patriotism, strength of spirit and dogged determination in the face of the most catastrophic attack on our Homeland.
We will need these same traits as we work together to protect our people and our country.
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