Safe Port Act

SAFE PORT ACT -- (Senate - September 29, 2006)

Ms. COLLINS. Mr. President, shortly this evening, the Senate will adopt the conference report on the SAFE Port Act. This conference report includes all of the major port security improvements that were included in the Port Security Improvement Act of 2006 that passed the Senate just 2 weeks ago. It has been strengthened by including some of the provisions in the companion House bill.

This is a major accomplishment for this Congress that will help to strengthen our Homeland Security in ways that really matter. The original template for the SAFE Port Act was the GreenLane Maritime Cargo Security Act I introduced with Senator Murray, Senator Coleman and Senator Lieberman almost a year ago.

I commend Senator Murray for her steadfast commitment to strengthening port security. I also thank the Presiding Officer, Senator Coleman, for his leadership. He has chaired three hearings on cargo security that helped identify the vulnerabilities and shortfalls in the current systems. That investigation by the Permanent Subcommittee on Investigations, in fact, helped inform our legislation and, indeed, all of the problems that the Presiding Officer identified in his hearings have been addressed in this landmark legislation.

I also commend the ranking member of the Homeland Security Committee, Senator Lieberman, who helped to shepherd this bill through our committee. This has truly been a bipartisan bicameral effort. It represents the Senate at its best. As a result, we have been able to produce significant legislation.

America's 361 seaports are vital elements in our Nation's transportation network. Last year, some 11 million shipping containers came into this country. Now, when we look at the shipping containers, we hope they simply contain consumer goods or parts or other useful objects. But, in fact, every one of these 11 million shipping containers has the potential to be the Trojan horse of the 21st century.

The vulnerability of our cargo is perhaps best illustrated by an incident that happened in Seattle earlier this year. In April, 22 Chinese nationals were caught as they attempted to leave a shipping container. Those illegal aliens transited in a shipping container all the way from China to our shores to the port of Seattle. This container could have just as easily have contained not people seeking a better way of life but people seeking to destroy our way of life. There could have been a squad of terrorists in that container. There could have been the makings of a dirty bomb. There could have even been a small nuclear device. That is the vulnerability of the current system.

In fact, the containers have been called the poor man's missile because a low budget terrorist could ship one across our oceans to a United States port for only a few thousand dollars. The stakes are very high.

If you visit a port like Seattle, as I have, you see that the port is located in the midst of a large urban population, with two stadiums close by, with ferries bringing thousands of visitors. The loss of life would be devastating.

But there is another impact of a possible attack on our ports; that is, the economic loss that would ensue. We are aware that many plants and retailers now rely on just-in-time inventories that bring goods to their stores.

I think we should look back at 9/11 and look at what happened to our system of commercial aircraft when we had the attacks on our airplanes. In fact, commercial aircraft were grounded for a number of days. And just as that happened 5 years ago, an attack on any one of our ports would most likely result in the closure of all ports, and the economic consequences would be devastating. It would affect the farmers in the Midwest, who would be unable to ship their crops. It would affect retailers across the country, who would soon have empty shelves. It would affect factories that would be forced to shut down and lay off workers because of the loss of vital parts.

The best example I can give you of what the economic impact would be is to look back at the west coast dock strike of 2002. Unlike any terror attack, that was both peaceful and anticipated, and yet it cost the economy $1 billion a day for each of the 10 days it lasted.

Since the attacks on our country 5 years ago, there have been some actions taken to improve security at our seaports. For example, the Department of Homeland Security instituted several important port security programs such as the Container Security Initiative and what is known as C-TPAT, the Customs-Trade Partnership Against Terrorism Program. Unfortunately, the investigation led by the Senator from Minnesota has demonstrated that those programs have been very unevenly implemented. Some have lagged, and some have not been effective because there has not been the proper verification that has been needed.

What our legislation would do is provide the structures and the resources to strengthen those programs. The legislation before us is a comprehensive approach that addresses all levels and all major aspects of maritime cargo security.

It will require the Department of Homeland Security to develop a comprehensive strategic plan for all transportation modes by which cargo moves into, within, and out of U.S. ports.

It requires the Department of Homeland Security to develop protocols for restarting our ports if there were an incident, which we certainly hope this legislation will prevent or help prevent any attack on our seaports, but if one does occur, it is essential the Federal Government have a plan for reopening the ports and releasing cargo as soon as possible. Unfortunately, and in my opinion amazingly, we do not have such a plan today. So we will require the Department of Homeland Security to develop such a plan.

We authorize $400 million for each of the next 5 years in risk-based port security grants. We also authorize training and exercises that we know are key to preparedness and effective response.

We improve and expand several security programs, such as the Container Security Initiative, the C-TPAT Program, and we establish deadlines for action on these programs.

We provide additional incentives for shippers and importers to meet the highest level of cargo-security standards. We also make sure the Department is meeting deadlines for such essential programs as the TWIC Program.

Another critical provision in this bill is the requirement that all containers at our 22 largest ports be scanned for radiation by the end of next year. All the 22 largest ports, which handle 98 percent or virtually all cargo, would be required to have radiation detection devices in place by the end of next year. We also expand the radiation scanning that is done at foreign ports through the CSI program and the Megaports program. Obviously, our goal is to push off our shores and keep the danger from ever getting to our shores in the first place.

Another security measure is the vital transportation Worker Identification Credential, or the so-called TWIC, Program. It has languished for years, and it should not have because the TWIC Program is necessary to control access to port facilities and vessels, and it is a vital program.

We also--I know this has been of great interest to the Presiding Officer--establish a pilot program with real deadlines and real results at three foreign ports to test the feasibility of doing a nonintrusive scan; in other words, sort of an x ray of every container, have that scan actually analyzed, and combine it with a radiation scan.

That is going to allow us, eventually, to get to the goal, once the technology is there, of a 100-percent integrated scanning program.

There is still work to be done to address security for other modes of transportation, such as rail and mass transit. But tonight we should take great pride in the great progress we have made in strengthening the security of our seaports.

Thank you, Mr. President.

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