Security and Accountability for Every Port Act

SECURITY AND ACCOUNTABILITY FOR EVERY PORT ACT -- (Senate - September 07, 2006)

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Mr. LOTT. Mr. President, let me just take a moment to thank Senator Collins for her leadership and the work of her committee in this area. I say to the Senator, I have been listening to her remarks. I think it is very important we outline the risks that are involved here and the importance of our ports to the economy of America.

Like the Senator from Maine, I myself recently went around looking at large and small ports, from the gulf all the way to Seattle and Tacoma. I must say, I was somewhat pleased with the amount of effort that has been put in place in those ports.

But it also dramatizes how much more we need to do. We do need the macro legislation to deal with this. One of the great concerns is, as the Senator outlined, what would happen if we did have an event in one of those West Coast ports? It would lock them all down. What would be the process to restart them? I am also very much impressed with the appearance of those ports and the volume of the training activities. It is a critical area.

While a lot of work has been done and money has gone to our ports, big and small, we need this legislation. There is a lot more to it than just the restart protocols. It hasn't been easy because we have three committees with interest and jurisdiction, including Commerce and Finance. The Senator worked with the leadership of our Commerce Committee and of the Finance Committee, and I thank the Senator for that.

I urge my colleagues in the Senate that we move expeditiously on this legislation and that we not play games with it in any way because this is serious business. I feel for the person who would oppose this kind of legislation, or delay it, if some incident occurs. We need to move on it. This is the time to do it. It has been a real yeoman's task to bring it to this point. I wanted to be on record early commending the Senator from Maine, and I hope I will have an opportunity to talk later about some of the substantive parts of this legislation, which is critical for our country. I thank the Senator for yielding.

Ms. COLLINS. Mr. President, I thank the junior Senator from Mississippi for his kind comments. He has been so helpful as a member of the Commerce Committee and the Finance Committee in helping us weave our way through a very difficult maze. Without his advice and support, I doubt that we would be here tonight. I express my personal appreciation to Senator Lott for his guidance and his assistance and for keeping us all focused on the goal. We could never let turf battles or jurisdictional disputes block us from accomplishing such a needed and important task. He helped us keep our eye on the ball. I thank the Senator very much for his comments.

Mr. President, I was talking about the hearings we were having. Our most recent hearing was in April on the GreenLane Maritime Cargo Security Act, which I mentioned Senator Murray and I had introduced. We heard also from the House leaders on port security, including Representative DAN LUNGREN and Representative JANE HARMAN, as well as other experts on our Nation's ports. The following month, that bill was reported out of the Homeland Security Committee.

The Port Security Improvement Act will clarify the roles, responsibilities, and authorities of Government agencies at all levels and of private sector stakeholders. It will establish clear and measurable goals for better security of commercial operations from the point of origin to the destination. It will also establish mandatory baseline security standards and provide incentives for additional voluntary measures.

Perhaps most importantly, the Secretary of Homeland Security would be required to develop protocols for the resumption of trade in the wake of an attack. Five years after the 9/11 attacks, the Federal Government still has not established adequate protocols for resuming port operations and setting cargo release priorities after an attack. I will tell you, when I talk to port authority directors, every single one of them brings this up as a major issue. If we don't have a plan for restarting our ports and for releasing cargo, then our ports will be closed far longer than they would need to be and economic losses would multiply.

This legislation would also establish priorities for critical DHS programs necessary to improve maritime cargo security and would set clear timelines to ensure steady progress on their development and expansion. Let me give another example of where DHS has languished in some areas. They have made progress in others but languished in some.

For example, the Department has been working on a minimum standard for mechanical seals on containers for more than 2 years but has yet to issue it. Under our bill, the Department would have 6 months to establish minimum standards for securing containers in transit to the United States. All containers bound for U.S. ports of entry would have to meet those standards no later than 2 years after they are established.

The bill also provides guidance and deadlines for essential improvements in the Automated Targeting System, the Radiation Portal Monitor Program, the CSI and C-TPAT.

The Automated Targeting System, ATS, is a screening mechanism that the Federal Government uses to help it determine which of the 11 million containers entering this country should receive further scrutiny. The GAO has criticized ATS for utilizing inadequate information to accurately assess the risk of cargo, and our legislation will ensure that the DHS improves that program.

Another notable provision of the bill is the requirement that radiation scanning be applied to 100 percent of the containers entering the 22 largest U.S. ports by December 31, 2007. Now, the result of that is that 98 percent of all cargo containers coming into U.S. ports will be screened for radiation. That is in addition to the radiation scanning that is done at foreign ports through the CSI and the Megaports Programs.

The legislation also expands and enhances the C-TPAT program to ensue the security of cargo from point of origin to destination. It creates a GreenLane, a third tier of C-TPAT, offering additional benefits to participants that voluntarily meet the highest level of security standards. The cooperation of private industry is vital to securing supply chains, and C-TPAT is a necessary tool for securing their active cooperation in supply chain security efforts.

Another security measure that has languished for years is the vital Transportation Workers Identification Card, or the TWIC Program. Again, we would require DHS to publish a final rule on the implementation of this program by the end of this year.

Finally, this comprehensive legislation would authorize the competitive, risk-based Port Security Grants Program. It would have stable, consistent funding set at $400 million each year for the next 5 years. This is a significant commitment of resources, and it will allow our ports to plan and to undertake multiyear projects that require a sustained investment.

The Port Security Improvement Act of 2006 will help us construct an effective, layered, coordinated system that extends from the point of origin to the point of destination. It will cover the people, the vessels, the cargo, and the facilities involved in our maritime commerce. And it addresses a major vulnerability identified time and again by terrorism experts.

Mr. President, I do hope that we can proceed with all due haste to enact this important legislation.

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