[Congressional Record Volume 148, Number 66 (Tuesday, May 21, 2002)]
[Senate]
[Pages S4625-S4626]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself and Mr. Specter):
  S. 2534. A bill to reduce crime and prevent terrorism at America's 
seaports; to the Committee on Finance.
  Mr. BIDEN. Mr. President, I rise today to introduce the ``Reducing 
Crime and Terrorism at America's Seaports Act.'' This important 
legislation will update Federal law to address critical security issues 
at seaports in the United States and, in concert with recent efforts by 
my good friend Senator Hollings and others, will help keep America safe 
and secure.
  Last October, I chaired a hearing of the Senate Judiciary 
Subcommittee on Crime and Drugs on ``Defending America's Transportation 
Infrastructure.'' At the hearing, we heard testimony from experts that 
confirmed what many of us have known and preached for years: this 
Nation's transportation infrastructure, our railways, our highways, our 
seaports, is especially vulnerable to terrorist threats and other 
nefarious activity. Our trains, trucks and sea vessels, and the systems 
that carry them, are ripe targets and, if compromised, could jeopardize 
American lives and devastate the American economy.
  The U.S. Government has known of this tremendous vulnerability but, 
until the tragic events of September 11, assessed the risk of an actual 
attack, at least with respect to seaports, as relatively low. Well, we 
all know how mistaken that assessment is now. While no one can predict 
with certainty where the next attack might be, most clear thinkers 
agree that there will be another attempt. The real question before us 
is will we cower in a web of fear and bureaucratic inaction, or will we 
focus on creative problem-solving, building partnerships, and 
collaboratively fighting the well-funded and well-organized network of 
criminals that seek to topple us. The choice, my friends, is clear.
  In the aftermath of September 11, Congress moved expeditiously to 
bridge the gaps in homeland security, passing landmark anti-terrorism 
legislation, strengthening security at airports, and providing 
additional funding for emergency law enforcement and domestic 
preparedness. Despite our early efforts, however, there is much that 
remains to be done. We have tackled the obvious and the easy. We must 
now move as swiftly to resolve the more difficult, but no less 
pressing, problems. And, as gateways to our largest cities and 
industries, the protection of U.S. seaports must be at the top of our 
priority list.
  Failing to protect our Nation's ports will jeopardize American lives, 
as well as property. It threatens to undermine national security, 
especially where terrorists and other criminals illegally traffic 
weapons, munitions and critical technology. And it will significantly 
disrupt the free and steady flow of commerce.
  Let me say a word about the threat to commerce. Ports connect 
American consumers with global products, and U.S. farmers and 
manufacturers with overseas markets. The U.S. marine transportation 
system moves more than 2 billion tons of domestic and international 
freight and imports 3.3 billion tons of oil. By some estimates, the 
port industry generates more than 13 million jobs and $494 billion in 
personal income; it contributes nearly $743 billion to the Nation's 
gross domestic product, and $200 billion in Federal, State and local 
taxes. These extraordinary numbers underscore the critical role that 
seaports play in fueling economic growth. More importantly, they make 
the point, more forcefully than any number of speeches or platitudes, 
that port security will be a key element to building and sustaining a 
stable national economy.

  With that in mind, I introduce legislation today that would 
substantially improve the inadequate protections currently contained in 
the Federal code: first, the effectiveness of Federal, State and local 
efforts to secure ports is compromised in part by criminals' ability to 
evade detection by underreporting and misreporting the content of 
cargo, with little more than a slap on the wrist, if that. The existing 
statutes simply do not provide adequate sanctions to deter criminal or 
civil violations. As a consequence, vessel manifest information is 
often wrong or incomplete, and our ability to assess risks, make 
decisions about which containers to inspect more closely, or simply 
control the movement of cargo is made virtually impossible. This bill 
would substantially increase the penalties for non-compliance with 
these reporting requirements.
  Second, we know that cargo is especially vulnerable to theft once it 
arrives at shore and is transported between facilities within a 
seaport. To deter such larceny, this bill would significantly increase 
penalties for theft of goods from Customs' custody.
  Third, there currently exists no standard system for safeguarding 
cargo; no requirement that all containers be sealed; and no consistent 
guidance or protocol to direct action in the event that a container's 
seal is compromised. This legislation would require the U.S. Customs 
Service to develop a uniform system of securing or sealing at loading 
all containers originating in or destined for the U.S.
  Fourth, my friends at the Customs Service tell me that their ability 
to conduct ``sting'' operations to detect illicit arms trafficking is 
significantly curtailed by onerous pre-certification requirements. This 
bill would give Customs agents the flexibility they need to conduct 
these investigations where American lives and property are threatened.
  Fifth, the bill would impose strict criminal penalties for the use of 
a dangerous weapon or explosive with the intent to cause death or 
serious bodily injury at a seaport. Notably, such a provision already 
exists with respect to international airports and other mass 
transportation systems. If my bill is enacted, we would take the 
common-sense step of extending that same coverage to seaports.
  Finally, while by all accounts the amount of crime at U.S. seaports 
is great, there exists no national data collection and reporting 
systems that capture the magnitude of serious crime at seaports. 
Indeed, the Interagency Commission on Crime and Security in U.S. 
Seaports concluded that it was unable to determine the full extent of 
serious crime at the nation's 361 seaports, primarily because there is 
no consolidated database. This legislation would help correct this 
dearth of reliable information by authorizing pilot programs at several 
seaports that would enable victims to report cargo theft and direct the 
Attorney General to create a database of these crimes, which would be 
available to appropriate Federal, State and local agencies.
  Let me be clear: my legislation is not a cure-all. Comprehensive and 
effective port security will require an interagency, intergovernmental 
strategy that works to prevent and deter criminal and terrorist 
activity, and, where those efforts fail, detect any wrongdoing before 
harm or destruction results. The Federal Government, with my support 
and oftentimes at my insistence, has established formal strategies and 
protocols to address drug trafficking, domestic and international 
crime, and airport security. But seaport security remains largely

[[Page S4626]]

unaddressed. If we are to win this new war and truly secure the 
homeland, not just in word, but also in deed, we must focus the 
attention of both the public and private sectors on safeguarding 
America's seaports. We must do it now, and we must do it without 
sacrificing the country's economic health.
  My friends, September 11 was our clarion call. How we respond to that 
call to action will be the real challenge of leadership, and 
citizenship, in the 21st century.
                                 ______