[Congressional Record Volume 151, Number 48 (Wednesday, April 20, 2005)]
[Senate]
[Pages S4027-S4028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS:
  S. 855. A bill to improve the security of the Nation's ports by 
providing Federal grants to support Area Maritime Transportation 
Security Plans and to address vulnerabilities in port areas identified 
in approved vulnerability assessments or by the Secretary of Homeland 
Security; to the Committee on Homeland Security and Governmental 
Affairs.
  Ms. COLLINS. Mr. President, I rise today to introduce the Port 
Security Grants Act of 2005. This legislation would establish a 
dedicated grant program within the Department of Homeland Security to 
enhance terrorism prevention and response efforts at our ports. It 
would provide the resources needed to better protect the American 
people from attack through these vital yet still extremely vulnerable 
centers of our economy and points of entry.
  I am very pleased that my partner in this effort, Representative Jane 
Harman, today is introducing the same legislation in the House of 
Representatives. Congresswoman Harman knows well the vulnerability of 
our Nation's ports. Indeed, earlier this year, I accompanied her to the 
ports of Long Beach and Los Angeles to witness first hand the 
incredible volume of activity that occurs at these thriving economic 
centers--and the incredible security challenges that they pose. 
Congresswoman Harman's dedication to the security of our ports and our 
Nation as a whole makes her one of Congress' acknowledged leaders on 
homeland security matters. I am pleased that we have been able to join 
forces on this important initiative.
  Funding to date to address security needs at our ports has been 
woefully inadequate. The Coast Guard estimates that implementing the 
provisions of the Maritime Transportation Security Act and similar 
requirements for international port security will cost $7.3 billion 
over the next decade. Yet, since MTSA was enacted, only the fiscal year 
2005 budget request contained a line item for this crucial need, and 
that at a mere $46 million. Although the Administration's fiscal year 
2006 budget request includes $600 million for infrastructure 
protection, it does not contain a dedicated line item for port security 
grant funding.
  As a point of comparison, the Transportation Security 
Administration's fiscal year 2006 budget dedicates $4.9 billion for 
aviation security. As Dr. Stephen Flynn of the Council on Foreign 
Relations testified at a Homeland Security and Governmental Affairs 
Committee hearing in January, port security has received approximately 
5 cents on the dollar--with the remaining 95 cents going to aviation 
security.
  The legislation we propose will break the hand-to-mouth cycle that 
ports have faced for years. It does the following: First, it creates a 
competitive grant program administered by the Office of State and Local 
Government Coordination and Preparedness at the Department of Homeland 
Security. This is the same office that administers the State Grant and 
Urban Area Security Initiative programs.
  Second, under our bill, grant funds will be used to address port 
security

[[Page S4028]]

vulnerabilities identified through Area Maritime Transportation 
Security Plans, currently required by Federal statute, or through other 
DDS-sanctioned vulnerability assessments. In other words, grant dollars 
must be spent consistent with an established plan, not through a 
process divorced from efforts already underway.
  Authorized uses of these grant funds include: acquiring, operating, 
and maintaining equipment that contributes to the overall security of 
the port area; conducting port-wide exercises to strengthen emergency 
preparedness; developing joint harbor operations centers to focus 
resources on port area security; implementing Area Maritime 
Transportation Security Plans; and covering the costs of additional 
security personnel during times of heightened alert levels.
  Third, we require DHS to prioritize efforts to promote coordination 
among port stakeholders and integration of port-wide security, as well 
as information and intelligence sharing among first responders and 
federal, state, and local officials.
  Fourth, we authorize funding for port security grants at $400 million 
per year for fiscal years 2007 through 2012. This steady, dedicated 
stream of funding would represent a substantial down payment on the 
billions of dollars of port security needs identified by the Coast 
Guard. It is also the amount the American Association of Ports 
Authorities believes needs to be dedicated annually to port security in 
order to begin addressing serious vulnerabilities.
  Under our bill, port security dollars will originate from duties 
collected by Customs and Border Protection, and--with exceptions made 
for small or extraordinary projects--recipients will be required to 
contribute 25 percent of the cost. This cost-sharing requirement has 
precedents in other transportation funding and will ensure the 
development of true partnerships between the federal government and 
grant recipients.
  Fifth, our legislation includes strong accountability measures--
including audits and reporting requirements--to ensure the grant funds 
awarded under the bill are properly accounted for and spent as 
intended.
  This legislation does call for a major commitment of resources. I am 
confident, however, that my colleagues recognize, as I do, that this 
commitment is fully proportional to what is at stake.
  Approximately 95 percent of our Nation's trade, worth nearly $1 
trillion, enters through one of our 361 seaports on board some 8,555 
foreign vessels, which make more than 55,000 port calls per year. 
Clearly, an attack on the U.S. maritime transportation system could 
devastate our economy.
  The potential for this devastation was amply demonstrated by the 2002 
West Coast dock labor dispute, which cost our economy an estimated $1 
billion per day, affected operations in 29 West Coast ports, and harmed 
businesses throughout the country. An unanticipated and violent act 
against a cargo port could result in economic costs that are 
incalculable, not to mention a potential loss of life that would be 
horrifying.
  Much of the discussion regarding port security revolves around the 
security of inbound containers. At his confirmation hearing, Homeland 
Security Secretary Chertoff stated that his major concern is the 
introduction into the United States of chemical, biological, 
radiological, nuclear, or explosive threats via a shipping container. 
Secretary Chertoff is absolutely correct in identifying this as a major 
vulnerability.

  But there are many other threats against ports. Just last month, the 
State Department issued a warning concerning information that 
terrorists may attempt to mount a maritime attack using speedboats 
against a Western ship, possibly in East Africa. This isn't the first 
instance of this type of attack--the USS Cole in 2000 and the French 
tanker Limberg in 2002 were both attacked by this method. The repeated 
use of suicide bombers and truck bombs around the world also raises 
great concern about our ports, and the critical infrastructure and 
population centers located around them.
  Coming from a State with a strong maritime tradition and vital 
maritime industry, I am keenly aware of what is at stake. Maine has 
three international cargo ports. Each is a vital and multi-faceted part 
of our economy: State, regional, and even national.
  The Port of Portland, for example, is the largest port by tonnage in 
New England and the largest oil port on the East Coast. Ninety percent 
of its foreign cargo was crude oil. In addition, Portland has a booming 
cruise-ship industry, a vigorous fishing fleet, and an international 
ferry terminal. This wide range of activity provides economic 
opportunity and also provides terrorism vulnerability.
  It is not my intention to suggest that our security agencies and 
ports are at a standstill. Indeed, much has been done to improve port 
security. The Coast Guard's Sea Marshals program places armed units on 
ships at sea to ensure their safe arrival and departure. The Container 
Security Initiative Bureau of Customs and Border Protection works with 
foreign governments to target high-risk cargo and to prevent terrorists 
from exploiting cargo containers. Detailed information is now required 
on each ship and its passengers, crew, and cargo. To upgrade security 
at international ports, the United States worked with the International 
Maritime Organization for the adoption of the International Ship and 
Port Security Code, the first multilateral port security standard ever 
created.
  It is, however, my intention to assert that we must do more to 
improve port security on the front lines--the ports that line the 
harbor of cities and towns along our vast coastlines, the Great Lakes, 
our immense inland river network and in Alaska and Hawaii.
  We observed this week two anniversaries that bear upon this issue. 
Monday was Patriot's Day, the 230th anniversary of the ride of Paul 
Revere. While I am not suggesting ``one if by land, two if by sea'' be 
adopted as a funding formula for homeland security, that famous phrase 
does remind us of the bond between security and transportation that has 
existed since our nation's very first days.
  On a far more somber note, Tuesday was the 10th anniversary of 
Oklahoma City. As we paused to reflect on that horrific attack, we once 
again were confronted with the harsh reality that terrorists--whether 
foreign or domestic--will strike wherever they see vulnerability.
  Our seaports are vulnerable. I urge my colleagues to join me in 
cosponsoring this legislation that will help deny terrorists an 
opportunity to strike at a vulnerable target.
                                 ______