[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[House]
[Pages H8809-H8814]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  2145
 CONFERENCE REPORT ON S. 1214, MARITIME TRANSPORTATION SECURITY ACT OF 
                                  2002

  Mr. LoBIONDO. Pursuant to House Resolution 605, I call up the 
conference report on the Senate bill (S. 1214) to amend the Merchant 
Marine Act, 1936, to establish a program to ensure greater security for 
United States seaports, and for other purposes, and ask for its 
consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 605, the 
conference report is considered as having been read.
  (For conference report and statement, see proceedings of the House of 
November 13, 2002, at page H8561.)
  The SPEAKER pro tempore. The gentleman from New Jersey (Mr. LoBiondo) 
and the gentlewoman from Florida (Ms. Brown) each will control 30 
minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. LoBiondo).
  Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of the Maritime Transportation 
Security Act of 2002. I would first like to thank the members of the 
conference committee who have provided the leadership and vision to 
create this landmark legislation, especially the gentleman from Alaska 
(Chairman Young), the ranking member, the gentleman from Minnesota (Mr. 
Oberstar), Senator Hollings, and Senator McCain and Senator Lott.
  The Maritime Transportation Security Act of 2002 establishes a 
comprehensive national system to increase transportation security for 
our ports and waterways. This legislation was developed to prevent a 
terrorist attack along our Nation's largest and perhaps most vulnerable 
border, consisting of 95,000 miles of coastline with hundreds of ports. 
The United States maritime industry contributes $742 billion to the 
gross domestic product each year, and a ripple effect of an attack on 
an American port would be absolutely devastating.
  The goal of S. 1214 is to deter terrorist attacks against ocean 
shipping without adversely affecting the flow of U.S. commerce through 
our ports. Striking this balance has been a key and essential element 
of my approach to this issue, and I believe that this bill achieves 
this goal.
  S. 1214 requires the Coast Guard to conduct vulnerability assessments 
of our United States ports. The results of the assessments will be used 
to implement a national maritime transportation security planning 
system, consisting of a comprehensive national plan, specific area 
plans, and local vessel and marine facility plans.
  S. 1214 also establishes a requirement for the Coast Guard to assess 
the effectiveness of security systems in certain foreign ports and to 
deny entry to vessels from ports that do not maintain effective 
security. Under S. 1214 individuals who enter secure areas on vessels 
or facilities will be required to have background checks and 
transportation security cards that will be issued by the Federal 
Government.
  The Maritime Transportation Security Act authorizes grants for 
enhanced facilities security at U.S. ports for the next 6 fiscal years. 
These grants will help cover the costs of port security improvements 
and fund research and development projects to determine which 
technologies will best improve port security.
  I have personally visited ports located in and around my home State 
of New Jersey and have seen the security challenges facing these 
facilities. Securing our ports is a critical Federal responsibility and 
the grant program is helping ports around America increase security and 
deter any would-be attackers.
  Shipping containers are particularly adaptable to use by a terrorist, 
and S. 1214 contains several provisions to improve the securities of 
our containers. The bill requires the Secretary of the Department in 
which the Coast Guard is operating to maintain a cargo tracking, 
identification and screening system for shipping containers shipped to 
and from the United States.
  Finally, the bill requires the establishment of performance standards 
to enhance the physical security of shipping containers, including 
standards for container seals and locks.
  Mr. Speaker, this bill contains other important security enhancements 
concerning enhanced vessel crew member identification, Coast Guard sea 
marshals and vessel transponders to track the movement of vessels in 
United States waters.
  Equally significant, the bill contains several additional security 
enhancements and other Coast Guard provisions previously passed by the 
House. The Coast Guard, as one of the Nation's five armed services, has 
a key role in homeland security, particularly as it relates to port 
security and defense readiness. These provisions strengthen the 
authority of the Coast Guard to confront the terrorist threat facing us 
today. Strong maritime homeland security requires a strong Coast Guard 
with the resources it needs to protect the country from a terrorist 
attack.
  During my chairmanship of the Subcommittee on Coast Guard and 
Maritime Transportation, I have long said that the Coast Guard needs 
three things, essentially, to be successful: More money, more manpower, 
and more modern assets. Fortunately, this measure addresses all three 
needs and will help the Coast Guard to keep serving America both 
proudly and successfully. The bill authorizes expenditures for the 
United States Coast Guard for fiscal year 2003. Title V of the bill 
authorizes approximately $6 billion for Coast Guard programs and 
operations for fiscal year 2003. The bill funds the Coast Guard at 
levels requested by the President of the United States. An injection of 
$550 million in additional operating resources will also allow the 
Coast Guard to address chronic budget shortfalls. The bill fully 
embraces the President's call for an additional 2,000 Coast Guard 
personnel.
  Many of the Coast Guard's most urgent needs are similar to those 
experienced by the Department of Defense, including spare parts 
shortages and personnel training deficits. Title V authorizes $725 
million for Coast Guard acquisitions. This funding will help support 
the recapitalization of the Coast Guard's vital assets, especially the 
Coast Guard's deep water program, which is so long overdue.
  Immediately following the events of September 11, 2001, the Coast 
Guard launched the largest home port security operation since World War 
II. And as part of operation Noble Eagle and Operation Enduring 
Freedom, the Coast Guard established ports and coast line patrols with 
55 cutters, 42 aircraft, and hundreds of small boats. Over 2,800 Coast 
Guard reservists were called to active duty to support maritime 
homeland security operations in 350 of our Nation's ports. The Coast

[[Page H8810]]

Guard enforced over 118 Maritime security zones around Navy vessels, 
cruise ships, nuclear power plants and other facilities.
  The Coast Guard now requires a 96-hour advance notice for all ships 
entering U.S. ports. I want to commend the Coast Guard for their rapid 
response to the September 11 attacks and thank them for their 
tremendous service to our Nation. Fortunately, we have already provided 
the Coast Guard with broad legal authorities to implement the necessary 
security measures within U.S. ports. However, without substantial 
additional Coast Guard resources, we are not going to be able to 
significantly enhance maritime security.
  Mr. Speaker, I want to take this opportunity to commend the men and 
women of the Coast Guard who, as I said before, have done such an 
exceptional job in service to their country. America benefits from a 
small Coast Guard that is equipped to stop terrorists and drug 
smugglers and support the country's defense to respond to national 
emergencies. We must now act to put the Coast Guard on a sound 
financial footing to be ready to respond to increasing homeland 
security demands and to carry out other critical missions.
  Finally, Mr. Speaker, I would like to take this opportunity to thank 
the hard working House staff members who really have made this bill 
possible. Both from the House and Senate side the staff members worked 
extremely hard with long hours on this bill. An accomplishment of this 
magnitude is in large part due to their efforts.
  I would like to single out one person in particular, Rebecca Dye, who 
I have had the pleasure of working with as my tenure as chairman of the 
Subcommittee on Coast Guard and Maritime Transportation, who has worked 
tirelessly throughout the 2 years that I have been chair and especially 
worked tirelessly on this bill. She will be leaving us shortly, and I 
want to take the opportunity to say what is our loss will be the gain 
for the United States of America. I thank Rebecca very much for her 
service to this committee, and I wish her the best of luck in the 
future.
  Mr. Speaker, I urge all Members to support this conference report.
  Mr. Speaker, I reserve the balance of my time.
  Ms. BROWN of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in strong support of the conference report 
on S. 1214, the Maritime Transportation Security Act of 2002.
  The events of September 11, 2001 has changed America forever. Every 
Member of Congress has examined the programs and policies within their 
committee to determine what they need to do to help protect the people 
of the United States from terrorists. The conference report we are 
considering today will provide the framework to secure our seaports and 
coastal communities from terrorist actions.
  Each year 95 percent of the U.S. imports and exports are moved by 
ships. U.S. consumers are dependent upon foreign oil for the gas they 
use in their cars. U.S. manufacturers are dependent upon the just-in-
time delivery system of the container ships to resupply their 
manufacturing line.
  We have recently seen the impact that a shutdown of the marine 
transportation system can cause when the West Coast waterfront 
employees locked out the longshoremen from unloading ships in port. A 
terrorist attack in our ports could have had an even more devastating 
impact on our Nation's economy.
  Each year thousands of Americans enjoy cruises out of Florida ports. 
Cruise terminals and ships must ensure that cruises are not just 
enjoyable but also safe. The cruise ship industry is already working 
closely with the Coast Guard to protect the vacationing public. This 
legislation will help make the working relationship even closer.
  On October 3, 2001, I introduced H.R. 3013, the Ports and Maritime 
Security Act of 2001. This legislation is very similar to the 
conference report we are considering today. They both require port 
vulnerability assessments of our Nation's ports, they both require 
terminal security plans, and they both establish a new grant system to 
help ports and terminal operators pay for security improvement. I 
believe that S. 1214 will lead to major improvements in securing the 
international maritime transportation system from threats of terrorists 
and from being used to deliver a weapon of mass destruction to the 
United States.
  Section 70105 restricts access to secure areas of terminals to 
individuals that have a biometric security card that have passed a 
background investigation. Only those individuals that have unescorted 
access to a secure area, such as those people that have access to open 
containers or cargo manifests, will need a card.
  Two provisions in S. 1214 are in particular interest to my home Port 
of Jacksonville and the 12 other ports throughout the Nation that have 
tremendous importance in times of war. In awarding the security grants 
established under Section 70107, the Secretary is directed to make it a 
priority for ports that have great defense importance, such as the Port 
of Jacksonville, to receive funds. Without securing these military load 
center ports, our troops that are deployed overseas may not receive the 
vital supplies they need.
  We are contemplating military action in Iraq. Funding for these 
specific ports is vital, not only for the security of the soldiers 
protecting our freedom, but for the citizens and communities who 
proudly support these important ports.
  The second provision ensures that the Secretary can award grants to 
ports for securing measures they have already taken since September 11, 
2001.
  In addition, S. 1214 contains the text of H.R. 3507, the Coast Guard 
Authorization Act for Fiscal Year 2003. This act contains many 
provisions to improve housing for Coast Guard personnel, to provide 
compensated leave for Coast Guard personnel that are in isolated duty 
locations, and to improve maritime safety.
  I would like to thank the gentleman from Alaska (Chairman Young), the 
gentleman from New Jersey (Mr. LoBiondo), and the ranking member, the 
gentleman from Minnesota (Mr. Oberstar) for the bipartisan effort they 
have used to develop this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LoBIONDO. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Alaska (Mr. Young), the chair of our full committee, who 
has done such a great job in helping pull this together.
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Mr. Speaker, I thank the gentleman for yielding 
me time.
  Mr. Speaker, I want to thank the gentleman from New Jersey (Mr. 
LoBiondo) for his great work as chairman of the subcommittee. I run my 
committee a little different than most of the other chairmen. I like to 
have my subcommittee chairmen that handle the bill to do the work, and 
I deeply appreciate what an outstanding job he has done with the Coast 
Guard. And he has Coast Guard facilities in his district and represents 
the Coast Guard quite well and the ports, which is something that I 
think this bill will help take care of.
  We have a serious problem, which I think we have met in this bill, 
and that is the importation of product without screening. We do that. 
We really think that this will make sure that something cannot, it 
could happen, but cannot readily happen because of the passage of this 
legislation, product damaging to the Nation through our ports, and we 
will be ability to make sure that does not occur. Of course, the Coast 
Guard plays an immense role in that.

                              {time}  2200

  Mr. Speaker, I know that the gentleman from New Jersey (Mr. LoBiondo) 
has done this before; but I, too, would like to acknowledge Rebecca 
Dye, who has not only been a staffer for me for many, many years on the 
committee, her husband worked for the government; and even better, 
Rebecca is going to move on. This is her last presentation. She has 
been nominated by the President to serve as a commissioner on the 
Federal Maritime Commission, and I expect her nomination to be approved 
by the Senate very shortly. I am very proud of her actions

[[Page H8811]]

and ability to go forth and serve in an industry that I deeply respect, 
and that is the maritime industry. She has been a great professional, 
has done an outstanding job, and formerly served in the Coast Guard as 
a Reservist. She knows what she is doing.
  I would also like to thank Patty Seeman for her hard work, and Ed Lee 
for his hard work, and of course Liz Megginson, chief of staff.
  This bill has been a long time coming. We had to work with Senator 
Hollings, and I love him to death; but working with Senator Hollings 
can sometimes be difficult. Working with Senators always is difficult, 
and I know that I am not supposed to say that. The next rule change, we 
will be able to do that.
  Mr. Speaker, I think this is a good piece of legislation. I know the 
hour is late and this is a so-called lame duck session; but this is one 
part of this lame-duck session we should be proud of. It protects our 
Nation, supports the Coast Guard, and helps our ports. I am extremely 
proud of this legislation. I urge my colleagues to vote for this 
legislation, if we have a recorded vote. I thank all Members who have 
worked together on a bipartisan basis, particularly the gentleman from 
Minnesota (Mr. Oberstar), the ranking member. We have done a good job 
on this legislation.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Whitfield). The Chair reminds Members to 
avoid improper references to the Senate.
  Ms. BROWN of Florida. Mr. Speaker, I yield 3 minutes to the gentleman 
from Virginia (Mr. Scott).
  Mr. SCOTT. Mr. Speaker, I rise in support of the bill, which I 
believe will go a long way towards securing our ports against potential 
terrorist threats.
  The events of 9-11, as devastating as they were, exposed our 
vulnerability to terrorist attacks. None of us believe future threats 
will be restricted to the tools of war used on that day, so it is 
important for all of us to closely examine all of our security issues, 
particularly our port security.
  My district includes the port of the Hampton Roads, the second 
busiest port on the eastern seaboard. There is military and commercial 
presence in the port. It is the home of the Navy's Atlantic fleet, and 
the port is used for numerous maneuvers and military exercises. It is 
also one of the largest commercial container ports in the United 
States. Almost 800,000 containers moved through the port last year. 
Keeping this area secure from terrorist attacks is important to all of 
us, so we went to work.
  Along with other Members, I toured the West Coast and local ports, 
including the one in Richmond, Virginia, and convened the First 
Responders and Homeland Security Task Forces in my district to seek 
advice. The Democratic Homeland Security Task Force also came up with 
recommendations. This legislation contains many of the ideas and 
recommendations from those efforts.
  For example, the legislation requires the new Department of Homeland 
Security to perform vulnerability assessments on all of our U.S. ports. 
It requires the development of national, area, and individual port 
facility anti-terrorism plans. Individual vessels and shore facilities 
that may be targets of terrorist attacks are required to prepare 
individual anti-terrorist security plans. This legislation also 
requires the new Department of Homeland Security to develop and 
maintain an antiterrorism cargo identification, tracking and screening 
system for containerized cargo shipped through the United States ports, 
and to develop performance standards for the physical security of 
shipping containers. And it establishes a matching grant program so the 
Federal Government can help share the costs of increased security.
  The port of Hampton Roads has already adopted many initiatives to 
address the potential threats, and the bill will make additional 
improvements possible.
  Many of these ideas originated with our local first responders, and I 
thank them for participating in this process. This bill is a vital step 
in making certain that our country's ports and those who live and work 
nearby are kept safe from terrorism. I urge my colleagues to support 
the bill.
  Mr. LoBIONDO. Mr. Speaker, I reserve the balance of my time.
  Ms. BROWN of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, we have a good bill with lots of important provisions, 
including new matching grants to improve port security, a national 
security card for port workers and truck drivers, antiterrorism 
response teams and sea marshals, and Coast Guard authority to block 
ships for nonsecure ports.
  We still have a lot of work to do, but this is a great start; and I 
strongly urge my colleagues to support the passage of the conference 
report of Senate 1214, the Maritime Transportation Security Act of 
2002.
  I also want to thank staff, and in particular John Cullatner. Against 
all odds, they did an excellent job.
  Mr. Speaker, I yield back the balance of my time.
  Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to thank the gentleman from Alaska (Mr. 
Young), who has led us in this effort, the gentleman from Minnesota 
(Mr. Oberstar), the gentlewoman from Florida (Ms. Brown), and our 
entire staff.
  We have outlined why this is such a critical and important bill, and 
I would like to take a moment to reemphasize the job that the Coast 
Guard is doing for the Nation.
  On September 10, 2001, the Coast Guard was dedicating about 2 percent 
of its resources to port and homeland security. On September 12, 2001, 
that percentage rose to 60 percent. They have been doing a magnificent 
job in protecting our ports and deploying for homeland security. Many 
Members have expressed their strong support for the Coast Guard and the 
job that they have done, but it is time for us to recognize by more 
than words and saying thank you, that they need more operational 
dollars, more acquisition dollars, and more personnel.
  With the provisions outlined in this piece of legislation for 
authorization of almost $6 billion, honoring the request of the 
President of the United States, we are taking a large step towards 
making sure that the Coast Guard will have the assets that they need to 
continue to do a great job. ]
  Mr. HORTON. Mr. Speaker, I rise today in support of S. 1214, the Port 
and Maritime Security Act of 2002 Conference Report. As many of you 
know, I have been privileged to represent the Ports of Los Angeles and 
Long Beach for the past 10 years. Each day these ports receive cargo 
from points around the globe. The San Pedro Bay port complex is the 
third largest seaport in the world. These ports are responsible for 
over 30 percent of all U.S. waterborne trade with an estimated value of 
$162 billion a year. The bulk of these imports arrive in 20- or 40-foot 
containers aboard some of the world's largest cargo ships. 
Additionally, our ports handle millions of cruise passengers annually. 
Insuring the safety of containers and passengers entering and exiting 
the ports of this country is a daunting task. Currently, only about 2 
percent of the shipping containers entering the country are inspected. 
This simply will not do. Passing this comprehensive port security 
legislation will insure that more containers are inspected and that our 
ports are properly protected.
  I am particularly pleased that section 203 of this legislation 
incorporates a bill that I introduced in the 106th Congress. This 
section authorizes the Secretary of Transportation to make grants to 
the American Merchant Marine Veterans Memorial Committee to construct 
an addition to the American Merchant Marine Memorial Wall of Honor in 
San Pedro, California. Thus far, the Committee has already raised well 
over $500,000 to begin construction on the second phase of this 
memorial. Plans for the addition to the memorial call for panels to 
list the names of those who died while serving in the U.S. Merchant 
Marine.
  Since 1775, the maritime community has played a critical role in 
gaining and preserving American freedom. The Merchant Marine served as 
our first Navy and defeated the British Navy in our fight for 
independence. We owe much to the brave mariners past and present who 
have served in the Merchant Marine. The American Merchant Marine 
Memorial Wall of Honor located in San Pedro, California, is a symbol of 
the debt we owe those who have served so bravely.
  Many of my colleagues will remember how the Merchant Marine secured 
its place in American history during the Second World War. During that 
conflict, the 250,000 men and women in the U.S. merchant fleet made 
enormous contributions to the eventual winning of the war, keeping the 
lifeline of freedom open to our troops overseas and to our allies.

[[Page H8812]]

This fleet was truly the ``Fourth Arm of Defense'' as it was called by 
President Franklin D. Roosevelt and other military leaders.
  The members of the U.S. Merchant Marine faced danger from submarines, 
mines, armed raiders, destroyers, aircraft, ``kamikaze,'' and the 
elements. At least 6,800 mariners were killed at sea and more than 
11,000 were wounded at sea. Of those injured, at least 1,100 later died 
from their wounds. More than 600 men and women were taken prisoner by 
our enemies. In fact, one in 32 mariners serving aboard merchant ships 
in the Second World War died in the line of duty, suffering a greater 
percentage of war-related deaths than all other U.S. services.

  Since that time, the U.S. Merchant Marine has continued to serve our 
nation, promoting freedom and meeting the high ideals of its past 
members. It is fitting to honor the past and present members of the 
U.S. Merchant Marine. This is why I introduced legislation in the 
previous Congress that would provide additional federal funding for the 
memorial wall in San Pedro. Twice the House has approved legislation 
authorizing funds for this worthy memorial, today I am pleased that the 
House and Senate are moving to approve this authorization in the port 
security conference report.
  Throughout the development of the conference report, I have sought to 
provide the greatest protection for ports and the communities that 
surround them against terrorist attacks. I am pleased that the 
conferees have included port security grants and research and 
development grants that will encourage the development and use of 
state-of-the-art technology. Like the conferees, I believe it is 
important to encourage the private sector to continually advance the 
state of the art as a means of enhancing detection capabilities and 
thus enhancing deterrence over time.
  When he is reviewing project proposals and awarding grants, I 
encourage the Secretary of Transportation to give preference to those 
projects that incorporate technologies that are capable of 
automatically detecting shielded nuclear weapons, liquid and other 
explosives, and chemical and biological agents weapons in fully loaded 
cargo containers without the need for humans to open the containers to 
manually inspect them. Based on testimony received by the Congress, it 
would appear that pulsed fast neutron technology is capable today of 
meeting this need. As a result, I hope that this technology and other 
technologies will be identified, developed, and installed in our ports 
as part of the ongoing process of enhancing port security through this 
legislation.
  Long Beach State's Center for the Commercial Deployment of 
Transportation Technologies (CCDoTT) has been developing maritime 
technology for many years, and has recently turned their attention to 
port security technology as well. In the FY03 Defense Appropriations 
bill CCDoTT was granted $4.3 million for continuation of their 
important work to develop more efficient cargo handling in ports, high-
speed ship designs, and port security research. This funding will allow 
the center to continue assessing cargo inspection technologies that can 
help meet the needs of agencies such as the U.S. Customs Service and 
the Coast Guard.
  Section 70107 of the accompanying report authorizes an additional $15 
million for fiscal years 2003 through 2008 for research and development 
grants for port security. I am pleased that report language for the 
Port and Maritime Security Act of 2002 particularly notes the 
importance of the research being done at Long Beach State's Center for 
the Commercial Deployment of Transportation Technologies. This language 
encourages the Secretary of Transportation and the Secretary of Defense 
to obligate any current and prior year appropriations under the 
continuing cooperative agreement. The Center is sponsored by the U.S. 
Martitime Administration and U.S. Department of Defense and I am 
certain it will continue to provide invaluable research for America's 
maritime interests. Again, I am pleased with, and strongly support, 
this timely port security legislation.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise to support S. 1214, 
Maritime Transportation Antiterrorism Act. Commercial vessels continued 
to experience an increased threat of criminal attack. Vessels seem to 
bear the brunt of these attacks which manifest themselves in the form 
of sea robbery, hijacking, terrorism, and piracy.
  A complex set of security issues threaten the maritime industry and 
the movement of cargo in international trade. Those threats include 
terrorism, piracy, smuggling of stowaways and drugs, cargo theft and 
fraud, bribery and extortion. Enacting requisite port security measures 
and coordination, cooperation, and communication with government and 
maritime industry components are necessary.
  In my home District, the Port of Houston Authority is a dynamic port 
that has helped to fuel the Houston area's development as a center of 
international business and trade. Companies that do business 
internationally also find Houston attractive because of its well-
developed industrial and financial infrastructure; skilled work force; 
and diverse population. Ample space and favorable conditions for 
industrial development, as well as for cargo handling, makes the Port 
of Houston an excellent choice location for industry.
  Port security is an essential part for a safe, secure, and 
competitive operation of the maritime transportation system. It 
promotes the development of commerce and is an essential element in 
maritime trade competitiveness, which cannot be achieved merely by 
modernizing port infrastructure and increasing operating productivity.
  Consequently, port security can surface as a significant issue in 
trade negotiations and government and industry courses of action should 
be coordinated to facilitate effective solutions. Port authorities 
should develop the means for exchanging current information on port 
security issues and for the dissemination of intelligence to the 
commercial industry. We must protect our ports from criminal attacks 
and allow them to maintain their trade and commerce.
  S. 1214 helps to protect our ports, such as the Port of Houston. This 
bill directs the Secretary of Transportation to (1) assess port 
vulnerability; (2) prepare a National Maritime Transportation 
Antiterrorism Plan [the Plan] for deterring catastrophic emergencies; 
and (3) review and approve Area, vessel, and facility antiterrorism 
plans.
  Further, S. 1214 requires that the Plan to (1) coordinate Federal, 
State, and local efforts, including Coast Guard maritime antiterrorism 
teams and Federal Maritime Antiterrorism Coordinators; (2) identify 
security resources; and (3) include a system of surveillance and notice 
to ensure earliest possible identification of emergencies. The bill 
requires the Secretary to establish a system of antiterrorism response 
plans for vessels in coordination with the Federal Emergency Management 
Agency. The bill requires that there be transportation security cards 
for entry to any antiterrorism secure area of a vessel or facility. The 
bill requires the Under Secretary of Transportation for Security to 
develop and maintain an antiterrorism cargo identification and 
screening system, including performance standards for seals and locks 
of shipping containers.
  Moreover, S. 1214 requires that Federal Maritime Antiterrorism 
Coordinators develop, update, and integrate Area Maritime 
Transportation Antiterrorism Plans, as needed. The bill also requires 
owners or operators of vessels or facilities to prepare an 
antiterrorism plan for deterring a catastrophic emergency, including 
the identification of the plan implementor, the availability of 
antiterrorism measures, training and drills.
  S. 1214 directs the Secretary to establish maritime antiterrorism 
teams to protect vessels, ports, facilities, and cargo in U.S waters. 
Also, S. 1213 directs the Secretary to assess the effectiveness of 
antiterrorism measures maintained at specified foreign ports and make 
recommendations for improvements, if necessary.
  The bill authorizes the Secretary to prescribe conditions of entry 
for or to deny entry into the United States to vessels arriving from 
foreign ports with ineffective antiterrorism measures. In addition, S. 
1214 requires the advance electronic transmission of passenger and crew 
manifests from commercial vessels arriving in the United States from a 
foreign port.
  The increasing nature and international scope of the maritime 
security issues, which threatens our port, requires participation and 
response from all levels of government. The lack of a secure trade 
corridor can hamper the economic growth of a port and possibly the 
country itself. A viable maritime security program is good business. A 
much bigger economic interdependency exists within the entire 
transportation network. Ports are committed to developing effective 
maritime security programs based on the recognition of ports as 
interchange hubs of commerce, critical to international trade.
  In addition to the benefits that this bill will bring to the security 
of nation's ports, this measure also makes important changes to our 
nations maritime policy that will help us compete in the global 
marketplace and gives needed resources and flexibility to the Coast 
Guard and the men and women that make up this great agency, allowing it 
to better protect our nation's shores. I strongly support S. 1214. This 
bill is good for the Port of Houston and good for American ports. 
Therefore, I strongly urge my fellow members to support this bill.
  Mr. OBERSTAR. Mr. Speaker, I rise today in strong support of the 
Conference Report on S. 1214, the ``Maritime Transportation Security 
Act of 2002''. Last year, Congress enacted landmark legislation to help 
protect the aviation industry from terrorist attacks. Today, we 
finalize legislation to help secure U.S. ports, vessels, and our 
intermodal transportation system from terrorist attack.
  More than six million containers arrive in the United States each 
year from foreign ports

[[Page H8813]]

carrying goods that are vital for consumers and manufacturers. 
Virtually all of the oil imported into the United States arrives by 
ship. We are a nation dependent upon international shipping.
  Yet this transportation system can also be used as a means of 
delivering a weapon of mass destruction to the heartland of America. It 
is far easier for a country to put a nuclear bomb in a container and 
ship it to the United States and have it detonated by a Global 
Positioning System receiver than it is to build a missile system to 
deliver a nuclear warhead.
  Securing America's seaports and the cargo we import from being used 
by a terrorist is a daunting task. There are more than 95,000 miles of 
coastline in the United States. One only has to look at the volume of 
drugs imported each year by sea to see just how porous our borders are. 
However, it is a challenge we must address.
  The Conference Report on S. 1214 is modeled after the successful Oil 
Pollution Act of 1990 (OPA). OPA established a strong command and 
control system--and clarified that the Coast Guard has the ultimate 
authority to determine how best to clean up an oil spill. S. 1214 
establishes a similar system to develop and implement plans to deter 
terrorist attacks on our ports and on vessels operating in and out of 
our ports. The system includes development of national plans, area 
security plans, facility security plans, and vessel security plans.
  To help ports, local governments, and facility operators pay for 
these security improvements, S. 1214 establishes a port security grant 
program to provide a 75 percent matching grant for security measures 
that are implemented to address vulnerabilities identified by the Coast 
Guard. Many ports and facilities in the United States have made 
security improvements since September 11, 2001. S. 1214 allows the 
Secretary to make grants to reimburse these entities for any security 
improvements they have made since that date that are consistent with 
their facility security plans.
  However, protecting the United States must begin overseas. By the 
time that a weapon of mass destruction in a containership reaches a 
U.S. port, it is too late. S. 1214 requires the Secretary to review 
security standards in foreign ports and intermodal transportation 
systems. If foreign governments do not address their vulnerabilities 
and provide adequate security for cargoes that are being shipped to the 
United States, the Secretary may prevent ships from those countries 
from entering the U.S.
  S. 1214 also helps protect our marine terminals by establishing a 
transportation security card system for those individuals that have 
``unescorted access'' to secure areas of marine facilities (e.g., areas 
with open containers or areas where individuals have access to cargo 
manifests). The Department of Transportation currently envisions four 
levels of security access that can be granted by the card. For example, 
Level 1 Access identifies a person as someone who has unescorted access 
to the unsecure areas of a terminal. A Level 4 Access means that person 
has had a security background check to ensure that he or she is not a 
``terrorist security threat'' and may have access to areas in a 
terminal that could cause a transportation security incident. On 
vessels such as a passenger vessel, the bridge and engine room areas 
may be designated as secure areas to ensure that passengers do not try 
to take over the control of the vessel.
  Other security provisions in S. 1214 include:
  Directing the Secretary to develop enhanced standards for identifying 
crewmembers on foreign-flag vessels entering the United States and 
urging the Secretary to undertake the negotiation of a new 
international agreement on seafarer identification.
  Directing the Secretary to implement a new system to collect, 
integrate, and analyze maritime intelligence concerning vessels 
operating on or bound for U.S. waters.
  Requiring all self-propelled commercial vessels more than 65 feet in 
length to carry position-indicating transponders and electronic charts 
to make it easier to track their movements in U.S. waters.
  Authorizing the Secretary to develop a long-range vessel tracking 
system using the satellite communication system on all ships.
  Expanding the Deepwater Port Act to allow for the licensing offshore 
facilities for offloading of Liquefield Natural Gas (LNG). This 
provision will help ensure that new LNG offloading facilities are built 
offshore--not in coastal cities such as Boston and Charleston.
  Allowing Coast Guard personnel to be assigned as sea marshals on 
vessels that pose a risk to U.S. communities such as tankers.
  Establishing a port security training program at the U.S. Maritime 
Academy, the six state maritime academies, and the Appalachian 
Transportation Institute to help provide training and standards for 
maritime security professionals.
  Requiring the Secretary to develop and maintain security standards 
related to cargo identification, tracking, screening, and the physical 
security of containers including standards for seals and locks.
  S. 1214 also contains the Coast Guard Authorization Act for Fiscal 
Year 2003.
  After a three-year struggle, we have reached agreement with the Other 
Body to reauthorize the Coast Guard and enact many changes to improve 
maritime safety and the quality of life for the men and women who serve 
in the Coast Guard.
  These changes include:
  Extending Coast Guard Housing Authorities from 2001 to 2007.
  Allowing the Secretary to grant extra leave to Coast Guard personnel 
serving at isolated duty stations.
  Allowing for the accelerated promotion of officers when a selection 
board finds to be of particular merit.
  Increasing the amount that the Coast Guard may borrow from the Oil 
Spill Liability Trust Fund to pay for the removal cost of removing oil 
from a spill from $50 million to $100 million.
  Requiring tug boats escorting vessels though facilities owned by the 
U.S. Government to be U.S.-flag vessels.
  Establishing standards for working conditions and hours-of-service 
limitations for Coast Guard personnel working in Search and Rescue 
Centers.
  Requiring the Commandant to ensure that all Coast Guard personnel are 
equipped with adequate safety equipment, including hypothermia 
protective clothing, when performing search and rescue missions.
  Allowing mortgages and other financial instruments used to finance 
ships to be filed with the Coast Guard electronically.
  Establishing whistle-blower protection for seamen on board vessels 
when the seaman believes that a serious injury may occur if he performs 
his duties as ordered by his employer.
  Extending the period of time during which the Coast Guard can issue 
a recall for a recreational vessel from five years after the date of 
construction to ten years after that date.

  Requiring the Coast Guard to publish on the internet all major marine 
casualty reports immediately and all other casualty reports within two 
years.
  Allowing the Secretary to suspend the payment of retired pay of 
former Coast Guard personnel if the person has left the United States 
to avoid criminal prosecution or civil liability.
  As I mentioned earlier, Mr. Speaker, S. 1214 establishes a new 
transportation worker biometric security card system including 
background checks, an appeals process, and protection of an 
individual's private information from his or her employer. Many of 
these security enhancement and worker protection provisions were not 
included last year in the USA Patriot Act that requires all commercial 
truck drivers who haul hazardous materials to undergo a criminal 
background check before receiving their Commercial Drivers License 
hazmat endorsement. Because the provisions enacted in the Patriot Act 
leave behind a vague and confusing regime, many states have not begun 
to implement the requirements. Even the U.S. Department of 
Transportation has acknowledged that a problem exists in Section 1012 
of the USA Patriot Act and has advised state motor vehicle departments 
that these provisions ``cannot be implemented without rulemaking by 
DOT.''
  I believe that the provisions in S. 1214 that provide an individual 
with the right to appeal the denial of a security card and the 
protection of information collected during that person's background 
investigation should be extended to commercial truck drivers that are 
subject to the Patriot Act. These standards have been developed on a 
bipartisan basis with the support of labor and employers. If the 
Department of Transportation fails to include these standards in the 
regulations they prescribe to implement the Patriot Act by the end of 
the year, we should move forward with legislation to correct these 
problems early next year.
  Finally, I would like to thank Chairman Young, Mr. LoBiondo, and Ms. 
Brown for the cooperative effort that they have put forth to develop 
this bipartisan port security legislation. Together, we have succeeded 
crafting meaningful legislation to improve the security of the marine 
transportation system against terrorist acts.
  I urge my colleagues to support the Conference Report on S. 1214.
  Mr. SHAW. Mr. Speaker, I rise in support of this legislation, which 
represents the next crucial step in improving America's transportation 
security. This bill coordinates various federal law enforcement efforts 
with local port authorities, develops uniform standards, and helps pay 
for technology upgrades and other security infrastructure at our ports. 
I am very pleased that this bill authorizes $6 billion for the Coast 
Guard, an agency that is severely overworked and underfunded.
  This legislation is of particular importance to the State of Florida 
and its 14 publicly owned deepwater seaports, including Port 
Everglades, Port of Palm Beach and Port of Miami

[[Page H8814]]

in South Florida. The challenge of protecting against potential threats 
to security in Florida is unique due to the state's extensive 
coastline, vigorous international trade, and passenger cruise 
activities. Our geography dictates that we must be prepared as a front-
line homeland defense point against terrorism, as well as illegal 
immigration and drug trafficking.
  Florida seaports represent some of the busiest bulk cargo and 
container ports in the nation, and improved security at our seaports is 
critical for protection of the state's citizens and millions of 
visitors, as well as the state's continued economic vitality.
  The treat of terrorism and other crimes to Florida seaports is well 
documented. A 1999 state-commissioned study found that the Florida port 
are highly vulnerable and recommended comprehensive security plans at 
each Florida seaport. In 2002, the State of Florida enacted legislation 
mandating that such action be undertaken.
  As the Chairman of the Florida Congressional Delegation, I am pleased 
that this bill does not penalize the Florida ports that have been pro-
active in taking the necessary steps to improve security. A shining 
example of such a port is Port Everglades in my district. Even before 
September 11, Port Everglades has laid out a comprehensive security 
improvement plan. Since that day, the port has expedited its efforts, 
turning a 48 month plan to improve security into an impressive, 18 
month, $37 million plan that is now near completion. I commend the 
Broward County Board of County Commissioners for their foresight. The 
fine work they've done should serve as a model for ports around the 
nation.
  As one of the first Members of Congress to introduce comprehensive 
seaport security legislation, along with my friend and colleague 
Senator Bob Graham, I am gratified that we are finally completing our 
work on this most important issue. It is overdue.
  Mr. BORSKI. Mr. Speaker, I rise today to support the U.S. Coast 
Guard's Armed Drug Interdiction (HITRON) Mission. The HITRON Mission is 
a unique and important weapon in the arsenal against illegal drugs and 
counter-terrorism. The MH-68A armed helicopter, which was designed, 
assembled and maintained in Philadelphia, Pennsylvania, is an integral 
part of the HITRON mission. I thank the gentleman from North Carolina, 
Mr. Coble, for his leadership on this matter. The gentleman from North 
Carolina and I have been deeply concerned that the short-term lease for 
the MH-68A expires in January of 2003, potentially jeopardizing the 
HITRON mission if the lease is not extended in a timely fashion. The 
Integrated Coast Guard Systems Group (ICGS--led by Lockheed Martin-
Northup Grumman) has recommended the Coast Guard fashion a permanent 
Deep Water airborne use of force (AUF) program and test a heavier 
multipurpose helicopter for the drug and terrorist intervention 
mission. While this is certainly a reasonably approach, there must be 
no interruption in the program before a permanent fleet is fully 
deployed. I am pleased that the Coast Guard has agreed that there must 
be no interruption and is executing the lease extension. I join in 
congratulating the Coast Guard on a successful program.
  Mr. LoBIONDO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the conference report.
  There was no objection.
  The SPEAKER pro tempore. The question is on the conference report.
  The conference report was agreed to.
  A motion to reconsider was laid on the table.

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