06 December 2001
Text: Transportation Dept.'s Mineta on Port Security
(Calls for expansion of authority to assess foreign ports) (3300)
Secretary of Transportation Norman Mineta has called for authority
that would allow the U.S. Coast Guard to stop and inspect ships within
12 miles from U.S. shores.
Under existing law, the Coast Guard can board ships within a
three-mile perimeter.
Testifying December 6 before a House transportation subcommittee,
Mineta said he is also seeking authority to conduct security
assessment of foreign ports to ensure that ships and cargo coming from
these ports do not pose a threat to U.S. national security.
But because these and some other security measure cannot be introduced
unilaterally by the United States, he said, the Department of
Transportation (DOT) will work with international organizations to
implement universal port security standards.
Mineta has also proposed instituting criminal penalties for maritime
terrorism, including acts against vessels and maritime facilities, and
establishing maritime security teams that could be rapidly deployed to
highly vulnerable ports.
Mineta identified the Coast Guard's captains of the port as a
centerpiece of the security planning and implementation process. He
said that with assistance from local, state and federal law
enforcement agencies, terminal owners and other stakeholders, they
would apply national security guidelines to local conditions.
While security of ports is crucial, he said, "we must look beyond
ports and port facilities and embrace the entire marine transportation
system."
Mineta said that container cargo creates special security concerns
because it moves with ease between different modes of transportation.
To address these concerns, he said, "maritime security measures must
be fully integrated with security measures being implemented in other
modes of transportation."
Mineta said that after September 11 the Coast Guard has reshuffled its
resources to protect better high-risk, high-vulnerability structures
such as bridges and refineries.
It also has been working with the naval intelligence to track inbound
ships with cargo that can be used a weapon of mass destruction, he
said.
Following is the text of Mineta's testimony as prepared for delivery:
(begin text)
STATEMENT BY
THE HONORABLE NORMAN Y. MINETA
SECRETARY OF TRANSPORTATION
BEFORE THE
SUBCOMMITTEE ON COAST GUARD AND MARITIME TRANSPORTATION
UNITED STATES HOUSE OF REPRESENTATIVES
DECEMBER 6, 2001
Good morning, Mr. Chairman and members of the Subcommittee. I
appreciate the opportunity to be here today to discuss our nation's
maritime security strategy and ways to strengthen maritime and port
security in the wake of the September 11 terrorist attacks.
As many have observed, our Nation has entered a new era of security
awareness and nowhere is that felt more strongly than in the field of
transportation. This is a challenge that confronts us in all
transportation modes -- from aviation to railways, highways, pipelines
and waterways.
At the Department of Transportation [DOT], we are working aggressively
to build the security foundation we will need in this new era. We are
working with our partners in state and local law enforcement, other
government agencies, industry and labor and with the leadership and
Members of the Congress. Thanks to your help, we are making great
strides in addressing our most critical transportation security
challenges.
However, much work remains to be done -- particularly in the security
of our coastal waters, our inland waterways, our port facilities and
their intermodal connectors. While the most pressing security
challenges have been met with existing authorities, we now must work
to build a new network of protections -- one that transforms what has
been a rapid response into a sustained effort that recognizes
heightened security as a part of normal operations. In addition,
marine security depends on the users of the system, shippers and
operators, and affects the trade corridors they use.
This work is of critical importance. Approximately 95 percent of our
Nation's international trade moves by water. During a major military
deployment, 90 percent of our military materials move through our
nation's seaports. Preserving those assets and protecting the safety
of the men and women who use them and the communities near them has
been, and continues to be, one of the Administration's top priorities.
To accomplish this priority, a new partnership must be formed. A
partnership between the commercial maritime industry and government
must take advantage of existing commercial security systems,
information systems and technological innovations. The Department and
the Coast Guard have been well-equipped with existing statutory
authority to develop the immediate maritime security response our
Nation has required. A number of critical steps have been taken since
September 11:
The Coast Guard has refocused resources to protect high consequence
targets in the marine environment, including critical bridges, port
facilities and other infrastructure.
-- The Department has issued emergency regulations requiring 96-hour
advance notices of arrival for ships arriving in U.S. ports, and we
expect to make that regulation permanent by the summer of 2003.
-- The Coast Guard Intelligence Coordination Center, working with the
Office of Naval Intelligence, has been tracking inbound high-interest
vessels and providing intelligence to operational commanders and
interested agencies.
-- The Coast Guard has deployed personnel as Sea Marshals to ensure
positive control of vessels containing critical cargos and in
sensitive areas.
-- The Maritime Administration has been meeting with members of the
maritime industry to examine and address security issues and make
recommendations regarding legislation and policy changes.
-- The Maritime Administration has heightened security at its Ready
Reserve Force fleet sites and outport locations as well as activated
one ship to assist in Operation Enduring Freedom.
-- The Maritime Administration and the General Services Administration
have been working with other maritime agencies on ways to utilize
"smart card" technology throughout the maritime and related industries
in order to accurately identify employees working in
security-sensitive areas. The cards that they have developed will use
bio-metric identification such as: facial, fingerprint or iris.
-- The St. Lawrence Seaway Development Corporation has been working
closely with its Canadian counterpart to heighten security on the St.
Lawrence River and ensure the protection of ocean access to our Great
Lakes ports.
These steps have formed the core of our near-term response to the new
maritime and port security environment, and have been based on current
authority and existing resources.
However, I am glad to have the opportunity today to discuss the
longer-term steps we hope to take as we build a new operational
baseline for maritime and port security in America. I know that
Admiral Loy will be able to expand on the efforts I will be describing
today, and all of us at DOT are looking forward to working with the
leadership and members of the House and the Senate in successfully
building the new standard the nation requires.
As you know, Mr. Chairman, shortly after September 11, I established
two Rapid Response Teams to examine issues specifically relating to
aviation security. Many of their recommendations have become part of
the recently passed Aviation and Transportation Security Act of 2001.
In addition, I directed the creation of a National Infrastructure
Security Committee (or NISC) as an internal working group at the
Department of Transportation. The NISC's charge is to focus on
intermodal security issues, to ensure coordination of the Department's
security work across all the modes, and to develop responses to meet
the challenges of the new security environment.
Within the NISC, Direct Action Groups have been created to look at
each of the modes of transportation, to meet with experts from
business, labor and other stakeholders, and to make recommendations
for action on legislative, regulatory and diplomatic initiatives. The
Maritime Direct Action Group was formed in anticipation of your
September 24 letter to me and, over the last two months, the M-DAG has
been meeting with maritime industry stakeholders and examining pending
legislative proposals.
Much of that work is reflected in the Departmental views on S. 1214,
"the Port, Maritime and Rail Security Act of 2001," introduced by
Senator Hollings of South Carolina. We believe that many of the
elements laid out in S. 1214 can be critically important tools in
crafting a new paradigm in maritime and port security, and look
forward to continuing to work with the leadership and Members of both
bodies on this vital issue.
There are some key principles, which we believe should underlie our
national efforts to build a new baseline of operations for maritime
security:
-- Our approach must be comprehensive, reaching both security at port
facilities and in the marine environment. It must reach the security
of physical assets and the security of maritime and port personnel and
passengers.
-- Due to the widely diverse nature of the maritime system across the
country, and the widely divergent nature of operations among ports,
local planning and coordination with local and state authorities will
be crucial.
-- Like any transportation network, the maritime transportation system
is in a constant state of growth and change. The system we create must
therefore be one that is capable of evolving over time, and where the
expectation of that evolution is clearly established.
-- And, finally, the system must fully recognize the intermodal nature
of marine transportation. Cargo that is unloaded from a ship today in
a seaport will move quickly to other modes of transportation. There is
no better example than the cargo container -- a phenomenon that has
been successful precisely because it is fundamentally intermodal -- a
cargo container arriving at a U.S. seaport today can be virtually
anywhere in the heartland of America via truck and/or rail tomorrow.
Accordingly, maritime security measures must be fully integrated with
security measures being implemented in other modes of transportation.
The pieces of this puzzle that could be quickly implemented have been
implemented under the Department's existing authority. However, some
longer-term tools for security planning and coordination will require
new authorities. And, with the maritime transportation system playing
such a critical role in our Nation's international trade, some
responses to our new security challenges cannot be adopted
unilaterally, but will only work if implemented in an international
effort with our trading partners and the International Maritime
Organization.
Integrated Planning
Although it may not be readily apparent to those outside the maritime
community, a focus exclusively on security at ports alone will not be
enough. Security enhancements and improved security coordination at
port facilities will be crucial, but the comprehensive approach we
need must look beyond ports and port facilities and embrace the entire
marine transportation system.
Most Americans, when asked about port security, will no doubt
immediately think of large seaports through which more than 6 million
containers enter the country each year. However, our security planning
cannot afford to ignore smaller ports, ports of all sizes handling
bulk cargoes, or the security of our coastal waters and inland
waterways.
Security measures at these locations must be integrated and
coordinated in order to close identified gaps and prevent new gaps
from opening, and the Department must have enforcement authority to
ensure compliance with the security plans that result from this
process.
The first step in this security planning process must be an inventory
of existing security systems and current plans for security
enhancements at the nation's waterfront facilities and onboard
passenger and cargo vessels.
We propose to coordinate the collection of that information through
the Coast Guard's Captains of the Port. The jurisdictions of the
Captains of the Port reach across the Nation. The men and women who
serve in that role have well-established relationships with the
maritime stakeholders within their jurisdictions and a deep
familiarity with the operations and activities in their geographic
areas of responsibility.
Simultaneously, a National Maritime Security Advisory Committee would
be established at the Department of Transportation to advise me, the
new Under Secretary for Transportation Security, and the Commandant of
the Coast Guard on guidelines to be used by regional Coast Guard
commanders and local Coast Guard Captains of the Port in building
maritime security plans within their jurisdictions.
Finally, based on reviews of local security plans and risk assessments
conducted at ports of national and strategic significance, I will
identify maritime facilities for which full-scale vulnerability
assessments are required. Local Planning and Coordination Based on the
proposed statutory requirements, the Department will issue regulatory
guidance for the development of local port security plans. However,
how those guidelines play out from port to port will depend on the
nature of the local facilities and the cargos that are handled through
a given port. Given the diversity of port design and operations across
the country, a strong component for local planning and coordination
will be required. To facilitate that process, Local Port Security
Committees chaired by the Captain of the Port should be established.
These local committees would include representation from local, state
and federal law enforcement agencies, port authorities where those
authorities exist, terminal owners and operators, organized labor, and
others stakeholders.
The local committees would apply the national guidelines to their own
local conditions, identifying areas of port operations which must be
considered secure and access to which will be limited to individuals
who pass background checks. Local committees would also be responsible
for ensuring that security plans for multiple facilities at a port
interface properly with one another, coordinating landside, security
planning with waterside security operations.
Local Port Security Committee members will, of necessity, have access
to sensitive information during the course of their work and security
clearances will be required for members.
In addition, we are proposing local committees play a role in any
program for federal grant assistance for security upgrades at port
facilities. We believe that eligibility for any such grants should be
contingent on the local committee's certification that the project to
be funded is necessary for compliance with the local port security
plan.
Finally, it is the role of the local committees to designate specific
secure areas in ports as part of the local port security plan.
Evolving Plans to Match Evolving Conditions
Each of the planning elements I have described -- security inventories
and the development of local security plans under guidance from the
Department, the work of the National Maritime Security Committee, and
the support provided by Local Port Security Committees -- have the
goal of building a system that continually reviews and refines its
security protocols.
Security inventories will take a first look at existing systems, and
local plans will be developed from that starting point. Input from the
field will be reviewed by the National Maritime Security Committee and
further national refinements made.
We strongly agree that local plans must be reviewed at least annually,
and that security exercises should take place in the jurisdictions of
all local committees at least once every three years. The results of
these reviews and exercises will likewise be reviewed nationally as
inputs for the next round of refinements to the national maritime
security plan.
Recognizing Maritime Transportation's Intermodal Foundation
As I mentioned, maritime transportation is an inherently intermodal
process. Passengers travel via air to embark on cruise ships. Ferry
passengers access surface transportation modes in traveling to and
from water transit facilities. And cargo moves from ships and barges
to trucks, rail and pipeline and vice versa throughout the
transportation system. It is especially in this area of container
cargo that much attention has been rightfully focused.
Containerization has been a boon to international trade since its
development in the 1950's. The ease of movement afforded by the
ability of a container to be unloaded from a ship and quickly attached
to a truck or rail car has made the container one of the most useful
elements in the cargo transportation system.
It has been estimated that more than 6 million containers enter the
country via U.S. ports each year, representing more than 11 million
twenty-foot container equivalent units (TEUs) of cargo. The
overwhelming majority of container cargo is arriving in the U.S. as
imported goods.
The U.S. Customs Service has the lead in setting standards for the
information that is to be provided by shippers in order to receive
customs clearance and for conducting inspections of incoming cargo. We
are requesting that Customs be given enhanced authority to specify the
nature of cargo information they may require for clearing shipments or
allowing their in-bond transportation beyond the port of arrival.
DOT will continue to support Customs and our colleagues at the
Department of the Treasury in carrying out that work, and we will
continue to explore opportunities to make the cargo transportation
system both more secure and more efficient.
To aid that goal, we are proposing that Secretary O'Neill, Secretary
Evans and I establish a joint task force to work with the
transportation industry to develop performance standards for the
tracking of shipments, containers and contents. Such systems could
serve the dual purposes of aiding the work of Customs in clearing and
processing cargo shipments and of aiding shippers and carriers in
efforts to more closely monitor their own cargo movements and to limit
cargo theft and tampering. In addition, we are proposing that Treasury
and DOT work with the National Institutes of Standards and Technology
at the Department of Commerce, and with the transportation industry,
to develop enhanced performance standards for seals on cargo traveling
in-bond and for locks to better secure containers during transport.
New Statutory Authorities
The Department and the Coast Guard have broad authority within the
area of maritime transportation to, set security and safety standards
and to enforce them. However, we are seeking new and enhanced
authority to broaden safety and security operations, and to improve
maritime security enforcement:
We are proposing that the Secretary of Transportation be given
expanded authority to conduct security assessments of foreign ports
where necessary. The Department will also work with international
organizations for the adoption of international standards for port
security, similar to international airport standards promulgated by
the International Civil Aviation Organization.
-- In order to facilitate the Coast Guard's ability to monitor and
manage arriving vessel traffic, we are proposing to extend the
jurisdiction of the Magnusson Act from 3 miles to twelve.
-- We are proposing that new Maritime Safety and Security Teams be
established for rapid deployment to enhance port security operations
in areas of heightened threat.
-- We are proposing new criminal penalties, similar to those in place
for aviation, for acts against vessels and maritime facilities. We
also propose a new penalty for use of a dangerous weapon on all
passenger vessels, similar to the penalty recently enacted in the USA
Patriot Act for offenses involving a ferry or mass transit system.
-- We propose to extend our authority to license and regulate
deepwater oil ports to include natural gas facilities.
-- We also propose criminal penalties for acts of maritime terrorism,
such as placing destructive devices or harmful substances into our
waters.
Mr. Chairman, as I indicated earlier, our response to the new maritime
and port security threat environment can never reach the point of
being "finished." The transportation networks that make up the marine
transportation system are constantly evolving. The security threats
and safety challenges we face in marine transportation are constantly
evolving. Our response to those challenges must be constantly
evolving, as well. The proposals I have described will establish the
foundation we need to build on the progress already made, and to build
a process for that kind of continual refinement.
Our partnership with the leadership and Members of the Congress has
always been a critical part of our work; it will be an even more vital
part of our efforts to build the kind of secure, efficient and safe
marine transportation system the American people deserve.
I look forward to working with all of you to reach that goal.
Thank you very much.
(end text)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http//usinfo.state.gov)
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