[Congressional Record Volume 148, Number 73 (Thursday, June 6, 2002)]
[Extensions of Remarks]
[Pages E970-E971]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           MARITIME TRANSPORTATION ANTITERRORISM ACT OF 2002

                                 ______
                                 

                               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

[[Page E971]]

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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