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News
U.S. Senators Feinstein (D-CA) and Kyl (R-AZ) Introduce Major Port Security Legislation
We include entire bill text
(March 31, 2003, updated with bill text April 1) -- U.S. Senators Dianne Feinstein (D-CA) and Jon Kyl (R-AZ) have introduced major port security legislation -- the "Comprehensive Seaport and Container Security Act" -- to better protect against terrorist attacks on or through the nation's seaports.
As summarized in a written release [full bill text further below], the legislation would:
- Require that high-risk shipping containers be inspected in foreign ports -- before they arrive in the United States;
- Establish a comprehensive container risk profiling plan to allow U.S. authorities to focus their limited inspection and enforcement capabilities on high-risk cargo; and
- Increase penalties to prosecute and punish terrorists.
In addition, the measure would:
- Require the Attorney General to issue regulations making it easier to determine the extent of crime and terrorism at seaports and improve communication between law enforcement agencies involved at ports.
- Designate the Captain-of-the-Port as the primary authority for seaport security at each port and require the Captain-of-the-Port to keep sensitive information on the port secure and protected.
- Impose steep monetary sanctions for failure to comply with information filing requirements, including filing incorrect information.
- Require minimum federal security standards for ports. These standards include restrictions on private vehicle access, a prohibition on unauthorized guns and explosives, and unauthorized physical access to terminal areas.
- Mandate that all Customs inspectors have personal radiation detection pagers.
- Require all port employees and contractors to have biometric smart identification cards.
- Require the use of high security seals on all containers coming into the country and require that each container to be transported through U.S. ports receive a universal transaction number that could be used to track container movement from origin to destination.
- Require all empty containers destined for U.S. ports to be secured.
- Authorize pilot programs to develop high-tech seals and sensors, including those that would provide real-time evidence of container tampering to a monitor at a terminal.
- Require ports to provide space to Customs so that the agency is able to use non-intrusive inspection technology. In many cases, Customs has to keep this technology outside the port and bring it in every day, which prevents some of the best inspection technology (which is not portable) from being used.
- Require the Department of Homeland Security to take the number of imported containers received at each port into account in determining the allocation of funds appropriated for seaport security grants.
- Update our federal criminal piracy and privateering laws and increase penalties for terrorist act, including making it a crime to:
- Attack a port or cruise ship or deploy a weapon of mass destruction at or through a seaport.
- Put devices in U.S. waters that can destroy a ship or cargo or interfere with safe navigation or maritime commerce.
- Use a dangerous weapon or explosive to try to kill someone on board a passenger vessel.
- Refuse to slow or stop a vessel at the direction of a Coast Guard or other authorized federal law enforcement official seeking to board that vessel or to interfere with boarding by such an officer.
- Destroy an aid to maritime navigation (such as a buoy or shoal/breakwater light) maintained by the Coast Guard if this would endanger the safe navigation of a vessel.
- Attempt to attack U.S. citizens or U.S. marine life by putting poisons in the water off shore.
In a written release, Sen. Feinstein said, "U.S. seaports are a gaping hole in our nation’s system of defense against terrorism. We have beefed up security at our airports, but we have not done nearly enough to increase the security of our seaports. This legislation would change that."
She added, "Given the risks, we must do everything in our power to prevent an attack from happening in the first place. The key to improving security at our seaports is to use our limited resources to inspect those containers that pose the greatest risk to our security and to screen them before they arrive in the United States."
The release notes that each year, roughly 13 million shipping containers come into U.S. ports -- including 6 million from overseas -- and CA ports handle half of them...and two of the busiest ports are LB/L.A. and Oakland.
The release adds, "Despite the high volume of cargo, fewer than three percent of the containers that come into our country are inspected. This translates into millions of tons of cargo moving through our ports, with absolutely no scrutiny. An attack at or through a port could cause massive loss of life and bring our nation’s economy to a standstill."
Bill text as introduced follows:
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