Madam Chairman, I thank the gentleman for yielding me the time. Madam Chairman, this day is the reason that I decided to come back to the Congress. An effort to work together on a bipartisan basis to solve one of the great challenges…
Madam Chairman, I thank the gentleman for yielding me the time.
Madam Chairman, this day is the reason that I decided to come back to the Congress. An effort to work together on a bipartisan basis to solve one of the great challenges affecting America, that is what this place is all about. There are a lot of cynics and skeptics out there who say that the Congress of the United States is incapable of doing the work that it should do. This day is a refutation of that suggestion. Today is an indication that we can work together. And I want to thank Chairman King for the work that he has done and the broad flexibility that he granted to our subcommittee to put this bill together. I want to thank my ranking member, Loretta Sanchez, for the work she has done; the ranking member on the full committee, Mr. Thompson; and, of course, Jane Harman, my chief co-author on this bill.
This is the best of bills: legislation written to make a law, not to make a political statement. Yes, there are political statements that will be made about this bill, but the fact of the matter is we are moving forward in an effective way to solve a challenge that is out there that the American people recognize and that we recognize.
In response to 9/11, the natural response was for us to look at where we were attacked and to focus most of our attention and energy in that direction. That is why we have had, if you will, a heavy response in the area of aviation safety. But that does not mean we can ignore the other areas.
As I said on the floor yesterday, the greatness of our ports as an integral part of our international trade, the fact that we are leaders in the world in international trade, the fact that we benefit from it more than anybody else, but we do so because it is so different than it was 30, 40, 50 years ago.
The instantaneous communication. The ability to deliver products within a short period of time. The fact that inventory is carried on rail, on trucks, in ships, rather than sitting static in a warehouse somewhere. The world has changed and we have been the leaders in changing the world, and we should be pleased and proud of the tremendous contribution that our ports make to our economy and to our everyday living.
But the very things that make that possible make us vulnerable to those who would destroy everything we stand for. The terrorists do not want to see international trade. The terrorists do not want to see an exchange of ideas. The terrorists do not want to see cultures mixing together. The terrorists do not want to see America shown at its best. And that is what we do, as we Americans live every single day with the benefits of the trade. It is not the totality of what we do, but it is an essential part of what we do. And this bill responds to the attack that those would have on us through this very much shining star in our constellation of America. So I thank the Members for work on this.
I would say we are going to have a debate about 100 percent inspection, and I would say we all would hope for that day. But I would just direct people's attention to the National Journal of this last Friday on the inside page where they have something called the ``Reality Check'' and they refer to this effort to have 100 percent container inspection. They say, and this is the National Journal, that ``it is a nice idea but not very feasible with current technology. Eleven million containers are shipped to U.S. ports each year. Of those, U.S. Customs and border protection personnel physically screen only about 6 percent, 660,000. `It is a noble impulse, but as a practical matter, it can't be accomplished right now,' said Jack Riley, homeland security expert with RAND.''
The key to being able to carry this out in the future is better equipment that stands faster; and that requirement, that impulse, is in this bill as a result of an amendment adopted that was presented by the gentlewoman from Florida. We are attempting to make us safer. Let us rejoice in this day and let us support this bill.
Mr. Chairman, I seek to obtain the time in opposition.
Mr. Chairman, I rise in reluctant opposition because of some lack of clarity on this amendment, and perhaps I can be relieved of my concern.
The gentlewoman, in her comments, suggested that the World Shipping Council and the Pacific Maritime Association were in support of this amendment. And yet I have a letter with a contrary conclusion, not based on the fact that they object to the objective of the gentlewoman's amendment but rather some concern that the gentlewoman's amendment would be too restrictive in bringing us to the point of having the best technology available as soon as possible.
As I understand the gentlewoman's amendment, it changes the definition of Container Security Device from ``a mechanical or electronic device designed to, at a minimum, detect unauthorized intrusions of containers'' to, ``a mechanical or electronic device designed to, at a minimum, positively identify containers and detect and record unauthorized intrusion of containers'', and then goes on to say, such devices shall have false alarm rates that have been demonstrated to be below 1 percent.
In the letter that we received from the Coalition for Secure Ports, they were concerned that the 1 percent false alarm rate may be unacceptable, in that we have between 11 and 12 million containers coming into the United States per year. If you had this device on all of them, a 1 percent false alarm rate would create as many as 120,000 false security alarms in U.S. ports.
My concern is whether we are strait-jacketing the Secretary into accepting a device, if, in fact, it reached that 1 percent false alarm rate, or whether it would be at least 1 percent false alarm rate that is the intention of the author.
Secondly, the question is whether or not the gentlewoman's language requiring this to be a, ``device that positively identifies containers,'' whether that would restrict this to RFID, or Radio Frequency Identification, systems and not allow, for instance, optical character recognition or similar systems.
If that is the gentlewoman's intent and if that is, in fact, the impact of this amendment, I would have to oppose it, because it seems to me it would restrict us to one particular type of device. And I don't have the technology background to understand whether that one device is the silver bullet in this area.
I understand that one manufacturer, GE, uses it. They think it works well. But, as I understand, there are other manufacturers that are trying to work in other areas.
So those are the concerns I have.
And with that, I would reserve the balance of my time.
Mr. Chairman, will the gentlewoman yield?
So your intent in using the language ``positively identify containers'' is not to eliminate the possibility of optical character recognition or similar systems in meeting this particular demand.
I would just say that, with that understanding that they do not have those limitations of which I have concern, I would not object to this amendment. But I want to make it clear that the record reflect, number one, that if the Secretary believes we have to have a standard that is more precise than a 1 percent false alarm rate, that he have the discretion to do that.
And, secondly, that we are not limiting this to RFID systems or similar systems to RFID, that other systems of technology could also meet the gentlewoman's amendment.
Mr. Chairman, with that I yield back the balance of my time.
Mr. Chairman, I ask unanimous consent to obtain the time in opposition even though I do not oppose this amendment.
Mr. Chairman, I would like to congratulate the gentlewoman from Southern California for working with us to modify the language of her original amendment so it achieves the purpose to which she intends and is not objectionable in any way.
There is no doubt that we want to make sure that we have layers of security, starting at the foreign ports,
through the period of time in which the containers are shipped, to just outside our ports, in our ports, and then as the containers leave our ports.
One of the things we have to do in this entire effort is to insert a notion of uncertainty in the minds of would-be terrorists. One the ways we do that is having layers of security all across the globe.
The gentlelady has suggested that we be explicit in our language with respect to the possibility of utilizing another tool in our toolbox, as she suggests, where we might be able to devise certain programs that utilize facilities that may exist just outside the port for purposes of looking at trucks for safety purposes, and we might be able to incorporate the terrorist security review at that point as well. If in conjunction with the authorities, local and state authorities, this kind of a grant request is made, we want to make sure that the Department of Homeland Security can, in fact, take a look at it. If it seems to serve the purpose to which we are all dedicated, then it would be allowed under this bill.
So I congratulate the gentlelady for introducing the bill. I also congratulate her for representing my hometown, the place I was born and lived in for 42 years.
Mr. Chairman, I yield back the balance of my time.
Madam Chairman, I just say in response to the gentleman from Arizona, we have taken into consideration concerns that he has expressed. We have implemented in this bill an at-risk, that is a risk-based, assessment for grant programs. Not everybody gets something.
Secondly, I would assure the gentleman that Apache Junction will not get a grant under this program, nor any landlocked city in Kentucky. This is a port bill.
The third thing I would say is this is based on the assessment by the Coast Guard of what is necessary for the capital investment improvements from a security standpoint for all the ports in the United States. As a matter of fact, we only provide funds for half of the amount that has been identified by the Coast Guard.
This is not one of those grant programs that lasts forever. We have a 6-year sunset on this, and we have a specified revenue stream in this bill to take care of it. So I would suggest that we have looked at the complaints that the gentleman has, but this is a particular area of national security.
Madam Chairman, I yield myself such time as I may consume.
Madam Chairman, with all due respect, I rise in opposition to this amendment. Ms. Sanchez and I have worked together on this bill. We have reached accommodations on a number of different issues. We support the idea of the C-TPAT program. I certainly support her efforts to try and strengthen the C-TPAT program. I certainly have supported and incorporated in my bill the recommendation on her part that we allow for third-party validators so that we can get the manpower necessary to do the validations that are necessary in this program. However, I do oppose her amendment because I think it would cut down on the participation in this program.
One must understand that the C-TPAT program, Customs-Trade Partnership Against Terrorism program, is
one that leverages industry cooperation to increase the security of the global supply chain. It has three tiers: tier 1 being the lowest, tier 3 being the highest.
The gentlewoman suggests that any benefits that are recognized under tier 1 to someone who has begun to participate in the program is unnecessary and somehow undercuts the credibility of the program. I would suggest that that is not true.
The conditions for obtaining the C-TPAT tier 1 status include that prior to an importer being certified, the importer must complete a comprehensive self-assessment of their current security practices, gauged against the clearly defined and published minimum security criteria.
If the security self-assessment completed by the importer reveals any security deficiencies and requires a corrective action plan, admission to the program and no benefits whatsoever are obtained unless those deficiencies are addressed to the satisfaction of the Department.
Third, with the security self-assessment completed, and initially identified deficiencies addressed, the Department again reviews for sufficiency with the minimum security criteria and also vets the importer through the law enforcement and trade databases, as well as through the El Paso Intelligence Center, EPIC, for linkage to DEA and other law enforcement databases. If the importer's security profile demonstrates that the company is meeting the criteria, has positively passed vetting, and has a successful importing record, only then will the importer be certified as tier 1 and given a limited ATS score reduction.
In response to the concerns raised by the gentlewoman from California, we have incorporated into this bill penalties if, in fact, it is shown that they did not participate in the process completely and honestly; and, in fact, if they have had any misleading or false information in their application, they are mandatorily barred from participation in the program for 5 years. The reason why they get a small benefit in terms of the rating by beginning in the program with their application before they are fully certified is to give encouragement to get them into the program to begin with. It is more than just saying they are handing in a piece of paper. It is, in fact, a document that requires a good deal of work on their part; and we want to encourage participation in this program rather than discourage it.
C-TPAT is one of the layers, not the only one, but one of the layers that we have of security in our multi-layered approach, and so I would urge people to reject this amendment.
Madam Chairman, I reserve the balance of my time.
Madam Chairman, again I would suggest that it is important for us to retain the program as it exists, for the Department to retain the discretion reward a small benefit to the Tier 1 members by reducing their ATS score. They do not move to the head of the line; they get to move up just a little bit. It is an encouragement to participate in the program.
The only way I can help the gentlewoman by suggesting that penalties do work is to suggest that deterrence does work. It is recognized in just about every other aspect of our lives, including the criminal justice system; and I don't know why she does not believe it will not work here.
As a matter of fact, in response to the GAO report that she referred to, the Department did reduce the amount of the ATS score reduction for Tier 1 members, so they have responded to some concerns that they were moving too far up the line. Not in front of the line, but too far up the line.
They get a small, small benefit at the present time. It is an incentive to participate in a voluntary program, which ultimately gives us more information, has more people working with greater security than they had before, and it helps us our a multi-layered approach.
Mr. Speaker, I came to this body with many of you to make sure that we did what was necessary to protect our constituents. I brought this bill to the floor, through the subcommittee, committee and to the floor with that promise in mind.
This is not, as the gentleman from Massachusetts said, a Republican bill. This is, in fact, a bipartisan bill. Eighty cosponsors. Passed our committee 29-0.
There is a dispute with respect to this particular technology, and I might just refer you to the National Journal of this last week talking about this very issue. It said, nice idea, but not very feasible with current technology.
Eleven million containers are shipped to the U.S. ports each year. Of those, U.S. Customs and Border Protection personnel physically screen, that means inspect, only about 6 percent, or 660,000.
It is a noble impulse, but, as a practical matter, it can't be accomplished right now, said Jack Riley, Homeland Security expert with Rand.
The key to being able to carry this out in the future is better equipment that scans faster. That is what our bill does. It asks us to accelerate our investigation into new technology. It mandates that the Secretary, if, in fact, he finds that to be usable, practical, adaptable, that he then negotiate with foreign countries to immediately put it into place and, if they refuse, gives our President and our Secretary the right to refuse to allow their cargo into the United States. We don't put a time limit on it. We said as soon as it is feasible to do it.
So as a great political philosopher, Don Meredith, once said, ``If ifs and buts were candy and nuts, every day would be Christmas.''
We don't bring you a hope that cannot be fulfilled. We bring you a promise that can be fulfilled in this bill. Please vote down this motion to recommit.