Security and Accountability for Every Port Act

SECURITY AND ACCOUNTABILITY FOR EVERY PORT ACT -- (Senate - September 08, 2006)

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Ms. COLLINS. Mr. President, one of the issues that will undoubtedly come up during the debate on the port security bill has to do with the scanning of containers. Some people have asked: Why don't we scan 100 percent of the 11 million containers coming into this country? And the answer is simply that it is not practical with the current technology. The bill that is before us authorizes three pilot projects in three foreign ports where we would take a look at the feasibility and practicality and the implications of 100 percent scanning.

There is 100 percent screening. There is a difference between screening a container, which means gathering information on each and every container and doing a sophisticated computer analysis to determine which are of higher risk, versus scanning each container with an x-ray-type machine or some other method or a physical inspection.

The problem of trying to scan 100 percent of all containers is best summed up by a letter that we recently received from the Supply Chain Security Coalition. This is a coalition of some of the largest and most knowledgeable stakeholders in the supply chain's system, including the Retail Industry Leaders Association.

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Ms. COLLINS. Mr. President, what we have tried to do with this bill is very carefully balance the need for effective, improved security with the need to ensure that we are not crippling our international trading system. We now have 11 million shipping containers coming into this country each year. This is a number that has grown substantially in recent years. We know each one has the potential to be the Trojan horse of the 21st century, to include not consumer goods but perhaps terrorists themselves, the makings of a dirty bomb, a chemical, biological, or even nuclear weapon.

That is why the legislation that we have authored proposes a strong, effective, layered system of security. It focuses on the ports of origin. It focuses on each container to make sure that it is effectively evaluated, and it has a system for securing the entire supply chain that is called the C-TPAT system.

The highest system of C-TPAT would be the GreenLane system, of which Senator Murray is the author.

At that level, shippers would take steps to completely certify the security of their supply chain from the factory where the good is manufactured, all the way to the delivery to the retail store. Each step of the supply chain would be certified as secure. In return, those shippers or retailers that reach that highest level, the GreenLane, would be given certain benefits. Their cargo would be expedited. Their cargo would be subjected to fewer inspections. Their cargo would be released more quickly in the event of an attack on our ports.

Our proposal addresses the people who work at our ports. It addresses the shipping containers. It addresses the ports themselves and other facilities. It takes the layered approach to security that is recommended by the 9/11 Commission.

So I hope those of our colleagues who may be tempted to think that the answer to port security is to do an x-ray of each and every shipping container will take a closer look at the systems and the security that would be provided by our legislation and would consider the points that have been raised by the experts who point out the dangers in delaying the transit of shipping containers.

It might actually decrease security rather than enhance it. And, also, that we have to strike that right balance so we do not significantly impede the flow of commerce and damage the U.S. and global economy.

Just think how many farmers rely on our ports to ship their crops overseas. Think of how many factories and stores in our country rely on just-in-time inventory. If you are reliant on just-in-time inventory and your containers are delayed just 3 days, it can make a big difference to your operations. So we need to make sure that we strike the right balance.

I think the bill before us, which has been carefully worked out by three committees, which has been in progress for years, does strike the right balance.

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Ms. COLLINS. Mr. President, I, too, commend the Senator from Arizona for bringing this measure to the Senate floor. As Senator Stevens has pointed out, it is directly relevant to port security because many of the containers that come into our ports by ship are then deployed throughout the country by rail. So I would argue this is directly relevant to the goal of the legislation before us.

This is a Commerce Committee matter that Senator McCain has brought up, but I did just want to let my colleagues know that it is very relevant to our goal of securing our ports. I strongly support the amendment and commend the Senator for his initiative.

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Ms. COLLINS. Mr. President, I want to comment on the tremendous efforts of the ranking member of the Homeland Security Committee, Senator LIEBERMAN, and the chairmen and ranking members of the Commerce and Finance Committees, Senators STEVENS, INOUYE, GRASSLEY and BAUCUS. They along with their committee staffs have worked together for months to develop the bill that is before us today.

Each of the committees has its own jurisdictional interests in this bill. The Homeland Security Committee has jurisdiction over the Department of Homeland Security with its primary mission of preventing terrorist attacks against the United States and reducing vulnerabilities to such attacks. Many of the programs in this bill, including the Automated Targeting System, the Container Security Initiative, and the Customs-Trade Partnership Against Terrorism, serve the purpose of reducing vulnerabilities to terrorist attacks and are operated by the U.S. Customs and Border Protection within the Department of Homeland Security--squarely within the Homeland Security Committee's jurisdiction. Moreover, it was the committee's jurisdictional authority to study the effectiveness of government agency programs that began the evaluation of the DHS' cargo security initiatives that are improved by this bill.

The Commerce and Finance Committees also have significant jurisdictional interests. The Commerce Committee has jurisdiction over shipping and the Coast Guard. And the Finance Committee has jurisdiction over the assessment of customs duties and compliance with customs laws.

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