[Congressional Record Volume 148, Number 48 (Thursday, April 25, 2002)]
[Senate]
[Pages S3441-S3442]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BREAUX (for himself, Mr. Smith of Oregon, Mr. Hollings, 
        and Mr. McCain):
  S. 2329. A bill to improve seaport security; to the Committee on 
Commerce, Science, and Transportation.
 Mr. BREAUX. Mr. President, I am pleased to rise today to 
introduce the Ship, Seafarer and Container Security Act, along with my 
ranking subcommittee member, Senator Gordon, Senators Hollings and 
McCain. This legislation will be crucial in providing the type of 
information and analysis that we need to protect the United States from 
potential acts of terrorism against our Nation through international 
trade at our seaports. This legislation is the product of field 
hearings that my Surface Transportation and Merchant Marine 
Subcommittee held at various seaports around the Nation. This 
legislation augments the Senate-passed seaport security bill, S. 1214, 
the Port and Maritime Security Act, and I intend to push for the 
inclusion of the provisions of this bill in the context of a House-
Senate conference on seaport security legislation
  The United States has more than 1,000 harbor channels and 25,000 
miles of inland, intercoastal, and coastal waterways. These waterways 
serve 361 ports, and have more than 3,700 terminals handling passengers 
and cargo. The U.S. marine transportation system each year moves more 
than 2 billion tons of domestic and international freight, imports 3 
billion tons of oil, transports 134 million passengers by ferry, and 
hosts more than 7 million cruise ship passengers. Of the more than 2 
billion tons of freight, the majority of cargo is shipped in huge 
containers from ships directly onto trucks and railcars that 
immediately head onto our highways and rail systems. Oceangoing sea 
containers are a vital artery of the U.S. economy. Indeed, 46 percent 
of all goods imported into the United States, by value, arrive at our 
Nation's seaports, mostly in containers, and currently, we are able to 
physically inspect less than 2 percent of those containers.
  Since September 11, we have faced up to the task of securing our 
seaport and affiliated transportation systems. We are now faced with 
the need to adapt the most efficient transportation system, with the 
most secure and efficient system of transportation. To do so, given the 
complexities of the task, we need to rely on all parties in the 
transportation chain, not just Federal agencies such as the Coast 
Guard, Customs and INS, but State law enforcement and the private 
sector. The enormity of the task we face, and the potential catastrophe 
we face if we do not strengthen our systems of security, mandates we 
work on this issue together.
  In the aftermath of the terrorist attacks on the World Trade Center 
and the Pentagon, all U.S. airports were closed. Fortunately, we have a 
good degree of control of our aviation system and were able to re-exert 
a degree of normalcy 4 days after the September 11 attacks. If similar 
attacks had occurred at a U.S. port, I am not sure whether we would be 
comfortable opening our borders in 4 months.
  We obviously have a huge stake in ensuring the protection of our 
maritime transportation system and respective arteries of business. To 
this end, I was disappointed the President's budget request did not 
include any funds to help our State port authorities and private ports 
secure the type of infrastructure and security equipment necessary to 
protect this Nation. Not providing funding to our seaports is clearly 
an unfunded mandate for States that have seaports, such as my home 
State of Louisiana, and it is our duty as a nation to secure all of our 
borders, including our maritime borders. This issue simply has to be 
addressed, and a Federal commitment is required to help secure our 
maritime boundaries, and secure our international trade.
  As I mentioned seaport security is simply too important to disregard. 
While visiting the Port Everglades in Florida, the Ports of New 
Orleans, Houston and Charleston, SC, during my subcommittee hearings, I 
became aware of the incredible role that information plays in security 
strategy at our seaports. Given the scope of trade and security, it is 
necessary that we know more about ships, the seafarers on those ships 
that enter the United States, the systems that we use to secure cargo 
so it is not tampered with or used for illegal purposes, and also the 
system we uses to analyze the risks of shipping and to secure our 
marine environment.
  The Ship, Seafarer, and Container Security Act requires certain 
vessels to carry transponders to allow their positions to be 
transmitted and tracked and ensure the Coast Guard can track United 
States and foreign vessels. When an aircraft leaves a U.S. airport we 
track it wherever it goes, however, when huge oil tankers and hazardous 
material ships carrying tons and tons of explosive cargoes enter U.S. 
waters, we do not. This is not right, and not prudent.
  My bill will also require the Department of Transportation, DOT, to 
negotiate an international agreement in 2 years, or if the agreement 
has not been negotiated within 2 years to submit legislation to 
Congress, to: One, identify foreign seafarers; two, to provide greater 
transparency of the ownership of ship registration, so that we can 
track vessel ownership; and, three, mandate stronger standards for 
marine containers, and for anti-tampering and locking systems for 
marine containers. Importantly, the bill would also require DOT to 
better assess the risks posed by certain vessels, and areas they 
designate as secure zones, and require recommendations to better secure 
them.
  Last year, the U.S. Coast Guard, identifed over 1,000 Panamanian 
seamen operating with licenses they fraudulently obtained for a couple 
of hundred dollars. At the time, it did not create that much of a 
ruckus, although perhaps it should have, because the primary focus was 
on the safe operation of the vessel. In the aftermath of September 11, 
it gives rise to the potential use of the system of maritime licensing 
to disguise entry into the United States. The system of registration 
and identification of vessels is equally obtuse. In the aftermath of 
the bombings of the U.S. Embassies in Mombassa and Dar-El-Salem, we 
attempted to track the shipping assets of Asama Bin Laden that were 
used to convey explosives. NATO experts reportedly indicated that 
tracking banking assets was far easier than identifying the shipping 
assets owned by the terrorists. I would also mention that, a recent 
report in Lloyd's List, a business publication

[[Page S3442]]

specializing in ocean shipping and international trade, indicated that 
the Coast Guard interdicted at sea a container ship, with an improperly 
sealed container filled with nuclear warheads. According to the 
article, the cargo manifest, indicated that it was carrying explosives, 
and the master of the vessel was a citizen of Yemen, while the 
materials turned out to be without fissile materials, it still raises 
considerable concern about our shipping practices.
  This legislation is another critical step in addressing some of the 
many crucial requirements to ensure our nation has a secure system of 
international trade, allow us to protect and foster our transportation 
chain, and provide public safety.
  The issues facing our Nation in seaport security are very serious 
issues. The consequences of relying on our current systems of openness, 
and with our focus on efficiency could be disastrous. However, at the 
other end of the spectrum, is being so excessively obsessed with 
security that we cause the suffocation of trade and business. The 
system we had in place prior to 9-11 was insufficient. I believe that 
S. 1214 coupled with the legislation I am introducing will help remedy 
the flaws of pre- 9-11 security and enhance seaport security.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2329

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ship, Seafarer, and 
     Container Security Act''.

     SEC. 2. AUTOMATIC IDENTIFICATION SYSTEM.

       (a) In general.--When operating in navigable waters of the 
     United States (as defined in section 2101(17a) of title 46, 
     United States Code), the following vessels shall be equipped 
     with an automatic identification system:
       (1) Any vessel subject to the Vessel Bridge-to-Bridge 
     Radiotelephone Act (33 U.S.C. 1201 et seq.).
       (2) Any small passenger vessel carrying more than a number 
     of passengers determined by the Secretary of Transportation.
       (3) Any commercial towing vessel while towing astern or 
     pushing ahead or alongside, except commercial assistance 
     towing vessels rendering assistance to disabled small 
     vessels.
       (4) Any other vessel for which the Secretary of 
     Transportation determines that an automatic identification 
     system is necessary for the safe navigation of the vessel.
       (b) Regulations; Effective Date.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall initiate a 
     rulemaking to implement subsection (a).
       (2) Content.--Regulations promulgated pursuant to that 
     rulemaking--
       (A) may, subject to subparagraph (B), include effective 
     dates for the application of subsection (a) to different 
     vessels at different times;
       (B) shall require all vessels to which subsection (a) 
     applies to comply with the requirements of subsection (a) no 
     later than December 31, 2004; and
       (C) shall be issued in final form before December 31, 2004.
       (3) Effective date not dependent upon final rule.--If 
     regulations have not been promulgated in final form under 
     this subsection before December 31, 2004, then subsection (a) 
     shall apply to--
       (A) any vessel described in paragraph (1) or (3) of that 
     subsection on and after that date; and
       (B) other vessels described in subsection (a) as may be 
     provided in regulations promulgated thereafter.

     SEC. 3. UNIQUE SEAFARER IDENTIFICATION.

       (a) Treaty Initiative.--The Secretary of Transportation 
     should undertake the negotiation of an international 
     agreement, or amendments to an international agreement that 
     provides for a uniform, comprehensive, international system 
     of identification for seafarers that will enable the United 
     States and other countries to establish authoritatively the 
     identity of any seafarer aboard a vessel within the 
     jurisdiction, including the territorial waters, of the United 
     States or such other country.
       (b) Legislative Alternative.--If the Secretary fails to 
     complete the international agreement negotiation or amendment 
     process undertaken under subsection (a) within 24 months 
     after the date of enactment of this Act, the Secretary shall 
     transmit to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure a draft of legislation 
     that, if enacted, would establish a uniform, comprehensive 
     system of identification for seafarers.

     SEC. 4. GREATER TRANSPARENCY OF SHIP REGISTRATION.

       (a) Treaty Initiative.--The Secretary of Transportation 
     should undertake the negotiation of an international 
     agreement, or the amendment of an international agreement, to 
     provide greater transparency with respect to the registration 
     and ownership of vessels entering or operating in the 
     territorial waters of the United States.
       (b) Legislative Alternative.--If the Secretary fails to 
     complete the international agreement or amendment process 
     undertaken under subsection (a) within 24 months after the 
     date of enactment of this Act, the Secretary shall transmit 
     to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure a draft of legislation 
     that, if enacted, would provide for greater transparency with 
     respect to the registration and ownership of vessels 
     operating in international waters.

     SEC. 5. INTERNATIONAL AGREEMENT ON CONTAINER INTEGRITY.

       (a) Treaty Initiative.--The Secretary of Transportation 
     should undertake the negotiation of an international 
     agreement, or amendments to an international agreement, to 
     establish marine container integrity and anti-tampering 
     standards for marine containers.
       (b) Legislative Alternative.--If the Secretary fails to 
     complete the international agreement negotiation or amendment 
     process undertaken under subsection (a) within 24 months 
     after the date of enactment of this Act, the Secretary shall 
     transmit to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure a draft of legislation 
     that, if enacted, would establish marine container integrity 
     and anti-tampering standards.

     SEC. 6. COAST GUARD TO DEVELOP RISK-BASED ANALYSIS AND 
                   SECURITY ZONE SYSTEM FOR VESSELS.

       (a) In General.--The Commandant of the Coast Guard shall 
     establish--
       (1) a risk-based system for use in evaluating the potential 
     threat to the national security of the United States of 
     vessels entering the territorial waters of the United States; 
     and
       (2) a system of security zones for ports, territorial 
     waters, and waterways of the United States.
       (b) Mechanisms and Systems Considerations.--In carrying out 
     subsection (a), the Commandant shall consider--
       (1) the use of public/private partnerships to implement and 
     enforce security within the security zones, shoreside 
     protection alternatives, and the environmental, public 
     safety, and relative effectiveness of such alternatives 
     within the security zones; and
       (2) technological means of enhancing the security within 
     the security zones of ports, territorial waters, and 
     waterways of the United States.
       (c) Grants.--The Commandant of the Coast Guard may make 
     grants to applicants for research and development of 
     alternative means of providing the protection and security 
     required by this section.
       (d) Reports.--
       (1) Initial report.--Within 12 months after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall transmit, in a form that does not compromise security, 
     to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representative Committee on 
     Transportation and Infrastructure a report that includes--
       (A) a description of the methodology employed in evaluating 
     risks to security;
       (B) a list of security zones; and
       (C) recommendations as to how protection of such vessels 
     and security zones might be further improved.
       (2) Report on alternatives.--Within 12 months after the 
     Commandant has awarded grants under subsection (c), the 
     Commandant shall transmit to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representative Committee on Transportation and Infrastructure 
     a report on the results of testing and research carried out 
     with those grants.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of the Department in 
     which the Coast Guard is operating for the use of the Coast 
     Guard, $1,000,000 for fiscal year 2003 to make grants under 
     subsection (c).
                                 ______