[Senate Hearing 107-1046]
[From the U.S. Government Publishing Office]
S. Hrg. 107-1046
SEAPORT SECURITY AND SHIP
PASSENGER SECURITY
=======================================================================
FIELD HEARING
before the
SUBCOMMITTEE ON SURFACE TRANSPORTATION AND MERCHANT MARINE
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
SECOND SESSION
__________
JANUARY 9, 2002
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SEVENTH CONGRESS
SECOND SESSION
ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii JOHN McCAIN, Arizona
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska
Virginia CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
RON WYDEN, Oregon SAM BROWNBACK, Kansas
MAX CLELAND, Georgia GORDON SMITH, Oregon
BARBARA BOXER, California PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri GEORGE ALLEN, Virginia
BILL NELSON, Florida
Kevin D. Kayes, Democratic Staff Director
Moses Boyd, Democratic Chief Counsel
Jeanne Bumpus, Republican Staff Director and General Counsel
----------
SUBCOMMITTEE ON SURFACE TRANSPORTATION
AND MERCHANT MARINE
JOHN B. BREAUX, Louisiana, Chairman
DANIEL K. INOUYE, Hawaii GORDON SMITH, Oregon
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska
Virginia CONRAD BURNS, Montana
JOHN F. KERRY, Massachussetts TRENT LOTT, Mississippi
BYRON L. DORGAN, North Dakota KAY BAILEY HUTCHISON, Texas
RON WYDEN, Oregon OLYMPIA J. SNOWE, Maine
MAX CLELAND, Georgia SAM BROWNBACK, Kansas
BARBARA BOXER, California PETER G. FITZGERALD, Illinois
JEAN CARNAHAN, Missouri JOHN ENSIGN, Nevada
JOHN EDWARDS, North Carolina
C O N T E N T S
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Page
Hearing held on January 9, 2002.................................. 1
Statement of Senator Breaux...................................... 1
Prepared statement........................................... 4
Witnesses
Allen, Phillip C., Interim Director of Port Everglades........... 7
Prepared statement........................................... 10
Carmichael, Rear Admiral James, Commander, Seventh District, U.S.
Coast Guard, Department of Transportation; accompanied by
Captain James Watson, Captain of the Port, Miami............... 29
Prepared statement........................................... 32
Bulger, John M., District Director, Miami District, Immigration
and Naturalization Service..................................... 37
Prepared statement........................................... 39
Shaw, Hon. E. Clay, Jr., U.S. Representative from Florida........ 5
Thompson, Ted, Executive Vice President, International Council of
Cruise Lines; accompanied by Steve Nielsen, Vice President of
Caribbean and Atlantic Operations for Princess Cruises; Captain
Bill Wright, Senior Vice President of Safety and Environment
for Royal Caribbean International; and Nick Schowengerdt, Vice
President of Security, Holland America Line.................... 19
Prepared statement........................................... 21
Towsley, Charles A., Director of the Port of Miami............... 11
Prepared statement........................................... 13
Winkowski, Thomas S., Acting Director for Field Operations in
South Florida, U.S. Customs Service............................ 34
Prepared statement........................................... 35
Zagami, Anthony, President and CEO of Security Identification
Systems Corporation (SISCO).................................... 42
Prepared statement........................................... 43
SEAPORT SECURITY AND SHIP
PASSENGER SECURITY
----------
WEDNESDAY, JANUARY 9, 2002
U.S. Senate,
Subcommittee on Surface Transportation and Merchant
Marine,
Committee on Commerce, Science, and Transportation,
Ft. Lauderdale, FL
The Subcommittee met, pursuant to notice, at 1:30 p.m. at
the Port Everglades Auditorium in Ft. Lauderdale, Florida, Hon.
John B. Breaux, Chairman of the Subcommittee, presiding.
OPENING STATEMENT OF HON. JOHN B. BREAUX,
U.S. SENATOR FROM LOUISIANA
Senator Breaux. The Committee will please come to order. If
we could have everybody's attention. Thank you all for being
with us this afternoon. We are still getting some more chairs.
If you can find a place, please take a seat. We would love
to have you sitting down, if you can. Thank you all very very
much.
We have just convened a Committee hearing of the Senate
Commerce Committee's Subcommittee on Surface Transportation and
the Merchant Marine of which I, Senator John Breaux of
Louisiana, have the privilege of chairing in Washington.
I cannot tell you how delighted and how nice it is to have
the Committee outside of Washington, DC., here in the beautiful
area of South Florida, and particularly here in Congressman
Clay Shaw's district, and have a field hearing which is the
first of three hearings that we're going to have, the first
today in Port Everglades.
Tomorrow we will be in my State having a hearing at the
Board of New Orleans after which we will go to Houston and have
the final hearing in this series on port security at the Port
of Houston and then returning to Washington, DC.
On any given day in Washington you may have as many as 20
committees holding hearings, so it's always a pleasure and a
great opportunity when we can get outside of our Nation's
capital and visit the real areas that we try to do work on and
then try to influence various issues that people back home are
working on every day.
We actually learn a lot more when we get outside of
Washington and have an opportunity to visit with local people.
I want to thank all the people who have been so kind and
courteous to the Members of my Subcommittee and the staff,
particularly the Coast Guard, the Immigration and
Naturalization Service, the U.S. Customs and the commissioners
from the county who were with us as we arrived yesterday and
thank them for their help as well as the port officials and
also the representatives of the cruise industry which are very
important to this area. They have all been very, very helpful
and we appreciate their help and assistance.
I want to particularly acknowledge the presence of
Congressman Clay Shaw, and I will ask him if he has a comment
or two, after I make my opening comments.
The legislation that we're dealing with is the legislation
that has already passed the U.S. Senate, the Port and Maritime
Security Act.
One of the earliest sponsors of that legislation was
Florida's U.S. Senator, Bob Graham, who--long before September
11th--was involved in helping put together legislation
affecting port security and maritime security.
That legislation has now evolved from legislation aimed at
trying to enforce criminal laws in ports and to doing a great
deal more work in the area of preventing terrorism in our
Nation's ports.
As I said, that legislation, which I'm a sponsor of as
well, has unanimously passed the U.S. Senate. It has not yet
passed the House of Representatives, but Congressman Clay Shaw
will be one of the leaders in the House in trying to put
together legislation.
The emphasis in the past has been, to a great extent, on
airline security in the airports in this country. To a certain
extent we, in Congress, have neglected that aspect.
We, and the Congress, have worked very hard on airline
security and airport security, but we have not done nearly as
good a job in looking at the question of how we ensure that
people--who use the ports, the shippers, importers, exporters
and passengers--can also feel safe and secure in the knowledge
that everything possible is being done.
There really has never been any kind of unified national
Federal plan dealing with the Internet, or seaports, around
this country and that's something that probably should have
been done a long time ago.
Now, obviously because of the events of 9/11, we're now
looking at ways we can be involved with local governmental
bodies on a county and on a State basis to try and coordinate
our efforts to make sure that security at the ports is being
done in the best possible fashion.
The Bush Administration has supported the legislation and
is expected to sign the legislation when it has completed its
passage through the House of Representatives.
Let me give you an outline, for those of you who may not
have followed as closely, what the Port and Maritime Security
Act basically does.
First, it sets up local port security committees to better
coordinate the efforts of the Federal, State, local and private
law enforcement agencies.
This is very important because when everybody's in charge,
nobody's in charge and it is very important for our ports to
have a system of coordinating the local government input and
the State government input as well as our Federal agencies so
that everybody will know what everybody else's responsibility
happens to be.
The bill also mandates, for the very first time, that all
ports have a comprehensive security plan.
I think this port already has one in place, but there are
many ports around the country that do not have any kind of a
comprehensive security plan governing their ports and that is
unacceptable and should not be allowed to continue.
The bill will also require ports to limit access to
security sensitive areas, to restrict firearms and other
weapons and to develop an evacuation plan, to conduct
background checks of all of their employees working in security
sensitive areas.
Many ports do this to one degree or another and then there
are some ports that do it very haphazardly and we cannot allow
that to continue either.
It requires ships to electronically send their cargo
manifests to a port before gaining clearance to enter those
ports and prohibits unloading improperly documented cargo.
That provision is not without some controversy. Many people
have said that it puts an undue burden on the shipping business
and freight forwarders have given us their comments about their
concerns about the requirement to provide the cargo manifest to
the port authority before the ships enter the ports.
We will try to figure out a way to make sure that this is
done with a minimum degree of disruption. The bill also
improves the reporting of crew members, passengers, and
imported cargo to allow officials to better track any
potentially suspicious activity.
This legislation also creates a Sea Marshal Pilot program
that has already been started involving Sea Marshals to, more
specifically, authorize the Coast Guard to board ships entering
U.S. ports in order to make sure that nothing is occurring that
is out of the ordinary.
It also directs that there would be financial grants and to
upgrade security infrastructure at our ports.
The legislation also authorizes $703 million in the Senate
passed bill to upgrade security infrastructure. A lot of ports
are going to need some help. They cannot do it by themselves
and also to provide new inspectors, agents, screening and
detection equipment to the ports, and to Customs and to
inspectors in order to do their jobs.
It will also guarantee up to about $3.3 billion in loans
for ports to upgrade security infrastructure giving them access
to necessary monies in order to get the job done.
It also authorizes the spending for research and
development of cargo inspection technology. We probably inspect
only about 2 percent of the cargo coming into the ports of the
United States.
Obviously that means 98 percent of it is not being
inspected and technology is going to have to be improved. You
cannot physically open every container and every box that's
coming into Port Everglades and look at it physically, so you
have to develop new technology to do this more effectively and
more efficiently.
Let me now, if I could, before I introduce our first panel,
call on Congressman Clay Shaw for any comments that he might
make.
There's still time to influence this legislation. I have
just outlined what the Senate did, but the House obviously has
authority to do whatever they want on this legislation.
They can improve it and hopefully they will look for ways
to do that. One of the major players involved in that
discussion is going to be your own Congressman, Clay Shaw, and
we're delighted to have him with us this afternoon.
[The prepared statement of Senator Breaux follows:]
Prepared Statement of Hon. John B. Breaux, U.S. Senator from Louisiana
I would like to welcome everyone to this field hearing of the
Senate Commerce Subcommittee on Surface Transportation and Merchant
Marine. Those of us on the subcommittee appreciate the warm welcome and
hospitality shown to us by Representative Clay Shaw, your local
officials from Broward and Dade Counties, and your port authority
directors.
On any given day on Capitol Hill, as many as 20 congressional
hearings can take place at one time. At these hearings, we call upon
policy experts to enlighten us with new ideas for improving the safety,
security and prosperity of our country.
But it is good to get outside of Washington. We need to hear new
voices with fresh ideas. Conducting these field hearings helps us learn
more about the challenges facing local citizens, local governments, and
local businesses as they try to improve the quality of life in their
communities.
And touring the places and facilities directly impacted by our
public policies and new laws helps us learn more about what is
happening on the ground--where the rubber meets the road--or, in the
case of Port Everglades, where the hull meets the waves.
Port Everglades is an impressive operation. Originally known as
Lake Mabel, Port Everglades was officially established as a deep water
harbor in 1927. The port has since grown to the point that nearly 6,000
ships call on Port Everglades every year. The port processes 2.7
million cruise line passengers each year and handles 23 million tons of
liquid, break bulk and containerized cargo.
This morning we witnessed a Coast Guard security exercise and
toured the passenger terminal at Port Everglades to review security
practices. As a result, we better understand the challenges this
community faces at its seaport. I was generally impressed with the
level of security for the cruise industry, but we must continue to be
vigilant due to the current threats we face.
The security of our sea and river ports has rarely been the focus
of our national security plans. We have invested millions of dollars to
protect our airports and our land borders, but very little toward
making sure that the goods and people arriving at our ports do not
jeopardize our security.
There is no unified Federal plan for overseeing security at the
international borders of our seaports. Right now the responsibility of
building secure seaports rests with States like Florida, its port
authorities, and the private sector. That was a poor model for national
security when we were fighting drugs and international smuggling--and
it is totally inadequate after September 11th as we face the threat of
terrorism.
Senator Bob Graham, who could not be here today, has led the charge
in Congress to improve security at our seaports. And the State of
Florida has been a great leader in this area, investing its own State
resources to address seaport security when the Federal Government
failed to step in.
Senator Hollings, Senator Graham and myself introduced a seaport
security bill in the summer of 2000. We re-introduced the legislation
again in the current Congress, and we passed it out of the Commerce
Committee last August by a unanimous vote.
But seaport security was still a low-profile issue--until the
terrorist attacks of September 11th. Suddenly the vulnerabilities we
face at our seaports were brought into sharp focus. I immediately
convened a subcommittee hearing on the issue during which we heard some
truly horrific scenarios about the potential use of our seaports by
terrorists. I then worked with other Members of our committee to
dramatically expand the legislation to address these new threats of
terrorism. The Bush Administration endorsed the bill, and we passed it
through the Senate by unanimous consent in December.
S. 1214, The Port and Maritime Security Act:
Sets up local port security committees to better
coordinate the efforts of Federal, State, local, and private law
enforcement agencies.
Mandates for the first time ever that all ports have a
comprehensive security plan.
Requires ports to limit access to security-sensitive
areas, restrict firearms and other weapons, develop an evacuation plan,
and conduct background checks of employees working in security-
sensitive areas.
Requires ships to electronically send their cargo
manifests to a port before gaining clearance to enter, and prohibits
the unloading of improperly documented cargo.
Improves the reporting of crew members, passengers, and
imported cargo to better track suspicious activity.
Creates a Sea Marshal program to more specifically
authorize the Coast Guard to board ships entering U.S. ports in order
to deter hijackings or other terrorist threats.
Directly grants and authorizes $703 million to local ports
to upgrade security infrastructure, and to the U.S. Customs Service for
new inspectors, agents, screening and detection equipment.
Guarantees up to $3.3 billion in loans for seaports to
upgrade security infrastructure.
Authorizes spending for the research and development of
cargo inspection technology to make cargo inspections quicker yet more
thorough.
Some of our passenger cruise lines and shipping companies may worry
that these new procedures requiring more security and customs checks
will slow the processing of passengers and the flow of international
commerce. But new technology is the key to speeding these passenger and
cargo clearance processes--while at the same time making the entire
system more secure. As we did in the airline security bill, we can
strike the balance between increased security and the convenience of
our open country and economy.
While The Port and Maritime Security Act unanimously passed the
Senate, I am still focusing my attention toward getting this
legislation through the House of Representatives. We need to keep the
spotlight on this issue of national security and learn all we can about
the terrorist threats we face.
That is why we need the help of our witnesses today. There is still
time to incorporate new ideas into the seaport security legislation
when we eventually reach a conference committee with the House to draft
a final version of the bill.
Since we are in Port Everglades, I want to especially focus today
on ship passenger security. After we hear from Representative Shaw, our
first panel will feature the port authority directors and
representatives of the cruise lines. Our second panel will feature the
law enforcement agencies responsible for seaport and passenger
security, along with the president of a company that has invented
passenger screening technology.
I understand that we need to balance the need for public testimony
and debate about seaport security with the need to keep confidential
any information that, if revealed, could harm security efforts. So I
would urge our witnesses to not disclose any information that would
jeopardize current security arrangements or security planning.
I want to hear from our witnesses about what works in the area of
passenger screening--and how we can do a better job. I also want to
hear your opinions about whether passenger screening is adequate at
foreign ports. If foreign ports do not meet high security standards, it
makes our security efforts here much more difficult. And I want to hear
about the problems you all face in making this community and our
country more secure from foreign passengers and crew members arriving
on these ships who might do harm to America.
Of particular interest is how we can better coordinate these
security functions among all the Federal, State, local and private law
enforcement agencies that converge at our ports. I understand that you
have all increased your law enforcement coordination efforts since
September 11th. Now we need to know what new authorities, funding or
tools you might need to help make our seaports, your community, and our
Nation a safer place.
STATEMENT OF HON. E. CLAY SHAW, JR.,
U.S. REPRESENTATIVE FROM FLORIDA
Mr. Shaw. Thank you. I want to welcome Senator Breaux. My
wife Emily and I have known the Senator and his wife for over
21 years, going back to when he was in the real thick of things
in the House of Representatives before he decided to descend to
the Senate.
He was one of the rising stars in the House, so you can
well imagine that he's one of the superstars in the Senate.
It's a pleasure and I want to thank you for allowing me to
sit with you at this most important hearing.
I do have a prepared statement which I understand needs
some correction, and I will at the appropriate time, if we can
keep the record open, submit it for the record. (Not available
at time of printing.)
I'm very privileged to represent a piece of the Port of
Miami, all of Port Everglades, and the Port of Palm Beach.
I have been very concerned with port security both from a
staffing point of view in doing background checks and matters
pertaining to security. Of course, we have great cooperation
from the county commissions in Miami-Dade, Broward, and Palm
Beach Counties in doing just common sense type things. We have
come a long way.
The bill that Senator Breaux just outlined, I had filed an
identical bill in the House, and the companion bill is Senator
Graham's bill.
As many of you know, and particularly for those of you in
the maritime industry, Senator Graham has done a great deal of
work with regard to port security as I have.
He was here in this port within the last couple of weeks
during one of his ``Day Jobs.'' Every once in a while a Senator
does have to work and he was on one of these with the Customs
Department. Senator Graham has a very keen interest in this
particular subject and he has really done a wonderful wonderful
job and I'm privileged to be able to work with him.
I must say, John, that it was a rather historic significant
event when the Senate was able to pass something before the
House had. Occasionally that does happen and I'm sure it's
because of your leadership and concern for this particular area
and I wish the House had had the ability to move before the
break.
We needed some meaningful legislation that would bring the
Republicans and the Democrats together and that's one of those
areas in which we do work very closely together.
Congressman Don Young is the chairman of the Transportation
and Infrastructure Committee that will have jurisdiction over
this matter in the House and I understand that he will be
putting together his own bill and he will be using Senator
Graham's bill and my bill somewhat as a guide. He will be
putting some differences in, so I'm sure that you will be
looking forward to conferencing with him and the appropriate
Members when the time comes.
Welcome to Port Everglades.
Port Everglades was a port that was most secure under
1950's and 1960's technologies. As you can see, we are a very
open port, and now, particularly after the events of 9/11,
we're having to take a very close look at where we are, where
we're going, and what is the future of this port. This port
definitely has to be equipped with much more security.
The Port of Miami, which you're also familiar with, from
just a standpoint of its geographical location, is more secure
because there is only one way in and one way out.
Whereas, here in Port Everglades, we have several areas
eventually with ingress and egress from the port, and plus, we
do have the time qualms and other matters which are a great
concern.
Mr. Chairman, I share your concern regarding container
inspections. We do need to investigate much more than the 2
percent of the containers that are coming in because the
technology is out there with extra equipment and various other
sensory devices.
The terrorists are a little bit ahead of us, but we're
catching up in closing that gap and the Senate is certainly
taking a giant leap in closing that gap with the passage of
this legislation.
I look forward to your hearing and express my appreciation
for your including me in this hearing.
Senator Breaux. Thank you very much, Congressman Shaw. Let
me tell you that people in Louisiana love coming to Florida
except when it's to play football. We don't do too well.
We would like to just say a very sincere thanks to all of
our hosts. You have been very good to all of our staff and all
of our people here are delighted.
It certainly makes our job of finding out information
easier and also producing information that will be ultimately
very helpful when we return to Washington.
We will have a panel and then a second panel. The first
panel is already seated at the table and that will be Mr. Phil
Allen who is the interim director of Port Everglades and also
Charles Towsley who is director of the Port of Miami.
So we have two of our major port facilities right here and
we're delighted to have them with us. They have been visiting
with us for a couple of hours and I want to give them the
opportunity to officially tell this Committee, and others who
will be reading this Committee's proceedings, what it is you're
doing at both Port Everglades and the Port of Miami.
Phil, do you want to go first?
STATEMENT OF PHILLIP C. ALLEN, INTERIM DIRECTOR OF PORT
EVERGLADES
Mr. Allen. Thank you, Mr. Chairman, Congressman Shaw, and
members of the audience.
I have provided copies of my testimony to your staff and
for the record. Let me go through that and give more detail and
then I would be pleased to answer questions that you may have.
Port Everglades serves many diverse maritime and
transportation interests within our jurisdictional boundaries
including containerized cargo, shipping, petroleum shipping,
and the cruise industry.
The cruise industry has grown significantly in the last
decade to become our single largest revenue producer.
In fact, this past weekend alone we served 22 ships and
approximately 50,000 passengers.
On the local level, the Port supports approximately 15,000
jobs resulting in $414 million in personal income and $149
million in taxes annually.
Prior to our Nation's experiencing it's second day of
infamy, Port Everglades developed a number of security
mechanisms to ensure that our port utilizes the best practices
available to encounter drug smuggling and other criminal issues
associated with seaports.
After September 11th, however, we have had to reevaluate
our security needs to include protecting the Port and its
customers from possible acts of terrorism.
Today, in addition to providing a crime free work
environment for our clients, we are prepared to guard our
assets against the threat of terrorism.
Our commitment to this belief is evidenced in the testimony
provided in this letter. Port Everglades is host to more than
three million cruise passengers annually making it one of the
busiest cruise ports in the world.
While the safety of our passengers has always been a top
priority, the tragic events of September 11th have
significantly changed the way we provide security.
Broward County had previously committed to constructing a
$12 million security project over the next 4 years. After
September 11th, the Board of County Commissioners of Broward
County approved construction of a $25 million expanded program
and directed staff to complete the project within 13 months.
The refocus of our security project has resulted in
reprioritizing $13 million from other capital infrastructure
projects many of which are important to our port's financial
stability.
We are in the process of developing licensing requirements
for all private guard services within the Port, and included
within the licensing requirements will be a mandatory training
and certification for all private guards working within Port
Everglades.
Our criteria will be developed input from the Broward
Sheriff's Office and Federal agencies servicing the Port.
We believe that the current training requirement of 40
hours, established under Florida statute, is inadequate to
provide the training necessary to protect this critical
component of the Nation's transportation system.
We believe that, at least, an additional 40 hours of
seaport specific training are necessary to ensure that guards
are competent and well trained.
Broward County has had a background check policy for the
issuance of restricted zone permits, ID cards, since July 14,
1998, similar to that outlined in U.S. Senate bill 1214 that
the Senator has mentioned.
We process and issue 13,000 restricted area asset permits
annually to individuals working within the Port.
As a result of the enhanced restricted use zone policy that
identifies individuals with exclusionary felonies, more than
400 individuals have been denied access to sensitive cargo
areas.
As proof of this success of our policy, we have experienced
a reduction of more than 31 percent in Part One crimes since
its inception and implementation 3 years ago.
Port staff is currently working with architects and
construction companies to further develop our security plan for
the construction of our enhanced infrastructure.
Our construction plans include a concrete wall around the
entire perimeter of the petroleum areas, roadway access gates
at the three entrances to the port, camera monitoring of all
county-owned facilities, and electronic access controls of
vehicles and personnel to highly vulnerable cruise passenger
areas and waterfront restricted access areas.
All access control devices, closed circuit television, and
intrusion alarm systems installed in cruise terminals will be
monitored by the sheriff's office staff. A redundant closed
circuit television monitoring system will ultimately be located
at the U.S. Customs offices.
Focusing on containerized cargo, the port has purchased
Star System Gamma X-ray equipment designed to enhance law
enforcement efforts to stop the exportation of stolen
automobiles and heavy construction equipment from this country.
In addition to these security enhancements and acceleration
of our security project, we're contractually increasing our
present staff of 75 Broward Sheriff's Office personnel to 120
permanently assigned employees.
The previous annual cost for this service was $4.2 million,
but it is anticipated to increase by $2 million with those
additions.
While we have taken extraordinary measures to secure our
facility with additional deputies, SWAT teams, and law
enforcement vessels in the harbor, it has not been enough.
To ensure that the private security firms protecting our
cruise passengers and vessels were adequate, we requested and
received a contingent of 141 Florida National Guard troops in
November.
We thought we had been granted this contingent for a 6-
month period.
These troops are overseeing private security operations and
augmenting the Broward Sheriff's Office at our cruise
terminals. They are also assisting the Broward Sheriff's office
with checkpoint security and roving patrols throughout our
petroleum terminals.
Understanding that Level III security requirements
established by the U.S. Coast Guard are not anticipated to
diminish, once the Florida National Guard has withdrawn in
March, we are uncertain about how we are going to continue to
provide this vital level of security.
We believe it's imperative to federalize the Guard troops
assigned to Port Everglades until such time as the port's
security project has been completed and is, in fact,
functioning.
Mr. Chairman, I must advise you that we have just received
word that the Governor's office is reducing our Guard
contingent by 50 percent on this Friday and we are told that
there is limited State funding available for continuation of
the program.
This reinforces the need to federalize the port's guard
contingent just like our Nation's airports. Our three million
passengers a year is equivalent to a medium hub airport of
which there are 88 such airports, but with fewer passengers per
year than we handle here at Port Everglades, such as
Birmingham, Norfolk, Houston and Charleston.
Our exposure to attack is no less than this Nation's
airports. Once that project is completed, we believe then that
effective security for Port Everglades will be greatly enhanced
with the compilation of new security infrastructure, increased
presence of the Broward Sheriff's Office personnel, licensing
and increased training of all security guard services
throughout the port.
These actions will enable us to meet the needs of Level III
security required to protect this vital transportation link.
In closing, we're moving forward to provide the most
effective and efficient port security measures anywhere in the
United States, but it's not without sacrifice to the growth of
our commerce.
With Federal assistance, this will ensure that our
businesses and critical infrastructure are protected and that
adequate funds are available to support our goals.
We must also address such security measures on a Federal
level to ensure our port is not economically disadvantaged to
another port that is less concerned with heightened security
measures.
Thank you for this opportunity today to provide this
information to you and I would be glad to answer your questions
at your convenience.
[The prepared statement of Mr. Allen follows:]
Prepared Statement of Phillip C. Allen, Interim Director of
Port Everglades
Port Everglades serves many diverse maritime transportation
interests within our jurisdictional boundaries including containerized
cargo shipping, petroleum shipping and the cruise industry, which has
grown significantly in the last decade to become our single largest
revenue producer.
Prior to our Nation experiencing its second day of infamy, Port
Everglades developed a number of security mechanisms to ensure that our
port utilizes the best practices available to counter drug smuggling
and other criminal issues associated with seaports. After September 11,
however, we had to re-evaluate our security needs to include protecting
the port and its customers from possible acts of terrorism. Today, in
addition to providing a crime-free work environment for our clients, we
are prepared to guard our assets against the threat of terrorism. Our
commitment to this belief is evidenced in the testimony provided in
this letter.
Port Everglades is host to more than 3 million cruise passengers
annually, making it one of the busiest cruise ports in the world. While
the safety of our passengers has always been a top priority, the tragic
events of September 11 have significantly changed the way we provide
security.
Broward County had previously committed to constructing a 12
million dollar security project over the next four years. After
September 11, the Broward County Board of County Commissioners approved
the construction of a 25-million dollar expanded security project and
directed staff to complete the project within 13 months. The refocus of
our security project has resulted in re-prioritizing 13 million dollars
from other capital infrastructure projects--many of which are important
to our port's financial stability.
We are in the process of developing licensing requirements for all
private guard services within the port. Included within the licensing
requirements will be mandatory training and certification for all
private guards working within Port Everglades. Our criteria will be
developed with input from the Broward Sheriff's office and Federal
agencies serving the port. We believe that the current training
requirement of forty hours, established by Florida statute 493, is
inadequate to provide the training necessary to protect this critical
component of the national transportation system. We believe that at
least an additional 40 hours of seaport-specific training are necessary
to ensure that guards are competent and well trained.
Broward County has had a background check policy for the issuance
of restricted use zone permits (I.D. cards) since July 14, 1998 similar
to that outlined within U.S. Senate bill 1214. We process and issue
13,000 restricted access area permits annually to individuals working
within the port. As a result of the enhanced restricted use zone policy
that identifies individuals with exclusionary felonies, more than 400
individuals have been denied access to sensitive cargo areas. As proof
to the success of our policy, we have experienced a reduction of more
than 31 percent in part one crimes since its implementation three years
ago.
Port staff is currently working with the firm of Bermello-Ajamil
Partners Inc. and Centex-Rooney construction to further develop our
security plan for the construction of our enhanced infrastructure. Our
construction plans include a concrete wall around the entire perimeter
of the petroleum areas, roadway access gates at three entrances to the
port, camera monitoring of all county-owned facilities, and electronic
access control of vehicles and personnel to highly vulnerable cruise
passenger areas and waterfront restricted access areas. All access
control devices, closed circuit television, and intrusion alarm systems
installed in the cruise terminals will be monitored by the Sheriff's
office staff. A redundant closed circuit television monitoring system
will also be located at the U.S. Customs offices.
Focusing on containerized cargo, the port has purchased ``star
system'' gamma x-ray equipment designed to enhance law enforcement
efforts to stop the exportation of stolen automobiles and heavy
construction equipment from this country.
In addition to these security enhancements and acceleration of our
security project, we are contractually increasing the present staff of
75 Broward Sheriff's office personnel to 120 permanently assigned
employees. The previous cost for this service was 4.2 million dollars,
but is anticipated to increase by 2 million dollars.
While we have taken extraordinary measures to secure our facilities
with additional deputies, swat teams, and law enforcement vessels in
the harbor, it has not been enough. To ensure that the private security
firms protecting our cruise passengers and vessels were adequate, we
requested and received a contingent of 141 Florida National Guard
troops in November. We were granted this contingent for a six-month
period. These troops are overseeing private security operations and
augmenting the Broward Sheriff's office at our cruise terminals. They
are also assisting the Broward Sheriff's office with checkpoint
security and roving patrols throughout our petroleum terminals.
Understanding that the Level III security requirements established
by the U.S. Coast Guard are not anticipated to diminish once the
Florida National Guard has withdrawn in March, we are uncertain about
how we are going to continue to provide this vital level of security.
We believe it is imperative to federalize the Guard troops assigned to
Port Everglades until such time as the port's security project has been
completed and is functioning.
Once that project is complete, we believe effective security for
Port Everglades will be greatly enhanced with a compilation of our new
security infrastructure, increased presence of Broward Sheriff's office
personnel, and licensing and increased training for all private guard
services throughout the port. These actions will enable us to meet the
needs of the Level III security required to protect this vital
transportation link.
In closing, we are moving forward to provide the most effective
port security measures anywhere in the United States, but it is not
without sacrifice to the growth of our commerce. We need Federal
assistance to ensure our businesses and critical infrastructure are
protected and adequate funds are available to support our goals. We
must also address such security measures on a Federal level to ensure
our port is not economically disadvantaged to another port that is less
concerned with heightened security measures.
Thank you for this opportunity today to provide you this important
information.
Senator Breaux. Thank you, Mr. Allen.
Mr. Towsley.
STATEMENT OF CHARLES A. TOWSLEY, DIRECTOR OF THE PORT OF MIAMI
Mr. Towsley. Good afternoon, Mr. Chairman, Senator Breaux,
and Congressman Shaw, thank you for this opportunity to be with
you this afternoon to present testimony to you.
I have also provided a written copy of the written
testimony that I am going to provide you today.
The Port of Miami is the largest container port in Florida
and we are among the top 10 in the United States.
We have approximately 40 shipping lines calling on more
than 100 countries and 250 ports around the world.
Of these, 26 carriers serve 33 countries and 101 ports in
Latin American countries and the Caribbean.
Last year, in fiscal year 2001, the volume of cargo moving
through the Port of Miami reached a record 8.2 million tons
representing over 955,000 20-foot equivalent unit containers.
Also last fiscal year, the Port of Miami processed almost
3.4 million multi-day cruise passengers. That is our highest
total ever.
It has been estimated that the Port of Miami's impact on
the community exceeds $8.7 billion and 45,000 jobs.
As evidenced by these above figures, We are a critical link
in the maritime industry, and more specifically, in the
economic well being of the local region, the State, and
nationally.
Thus, in efforts to protect the safe movements of these
passengers and cargo, Miami-Dade County officials and
administrators at the Port of Miami have worked diligently in
the past 3\1/2\ years to enhance our security operations at the
Port of Miami.
In 1998, port management identified security areas that
could be tightened, and as a result of these efforts, led to
several ground breaking and milestone security improvements
through Miami-Dade County's seaport security legislation
locally referred to as Chapter 28(a) of the Code of Miami-Dade.
This security ordinance, among other things, require that
Miami-Dade Police Department conduct criminal background checks
on all person's working in secure areas of the seaport before
they receive the required seaport identification badge, a
prerequisite to working in these restricted areas.
This practice has since been passed into law in Florida and
will soon be implemented at all Florida deep water ports as
defined by the State of Florida.
Drug and smuggling interdiction has also been and will
continue to receive the highest priority at the Port of Miami.
The Port of Miami continues to be proactive in addressing
all issues pertaining to security.
In addition to working at the local level, to tighten
security, the port is also working closely with the State and
Federal agencies to identify funding security infrastructure
enhancements such as high mast lighting, additional fencing,
camera surveillance, and inspection equipment.
Prior to September 11, these enhancements were estimated to
cost $8 million. However, as a result of recent security
assessments conducted by the Florida Department of Law
Enforcement, and the Miami-Dade Police Department, and the
Coast Guard, the port's needs for security improvements now
exceed $24 million.
Moreover, these assessments have also identified additional
recurring operational needs that could, in fact, double or
triple the port's annual security budget of approximately $4
million.
Although significant financial assistance will be required
to implement those improvements, the Port of Miami has already
invested in its security personnel.
Presently each security officer is trained in seaport
security procedures by law enforcement agencies involved in the
port's operations.
The training includes cruise and cargo procedures, tariff,
safety operations, and how to respond to Hazmat and terrorism
incidents.
It is important to note that it is critical that each port
maintain a highly trained security force dedicated to that
port's operations.
Additionally, the Port of Miami has actively assisted in
organizing and regularly participates as co-chair with the U.S.
Coast Guard on the seaport's security committee comprised of
representatives from the Miami-Dade Police Department, the
FDLE, U.S. Customs, the FBI, INS and others.
Most recently the Florida National Guard has also been a
participant with us in our security committee.
The Port of Miami security staff works hand in hand with
these agencies to identify and to address security issues at
all levels to ensure safety and security of our passengers and
maritime commerce.
Other enhanced security measures recently implemented at
the Port of Miami include computerized gate security, ID badge,
and permitting systems capable of validating information from
one to the other and the installation of four stolen automobile
recovery system gamma ray technology machines designed to
detect contraband vehicles or equipment inside cargo containers
illegally moving through the port.
Future security improvements will include security overlay
plans on prospective development efforts at the port.
For instance, the design of new cruise terminals, storage
sheds, and/or parking garages, will incorporate security
components which would not have been contemplated in the past
at the levels now being required.
I would be remiss, however, if I did not recognize the
cooperation that we have received from our port users, or
partners, as I would like to call them.
In helping the Port of Miami to be more secure, in addition
to spending millions of dollars in new gate systems, close
circuit television cameras, lighting, and other security
infrastructures, our partners have patiently endured the
additional traffic delays resulting from the congestion
generated by more stringent document processing and other
security measures implemented by the port.
The Port of Miami will continue to work with the U.S.
Customs, the U.S. Coast Guard, the Immigration and
Naturalization Service, the USDA, the Florida Department of Law
Enforcement, Miami-Dade Police and the other agencies in
strengthening security at the port.
Before concluding my remarks today, I want to thank the
many agencies and the officials at both the State and Federal
levels who have demonstrated their concern for security of our
seaports.
As you can see, the Port of Miami has significant unfunded
security needs which must be addressed in the near future and
your assistance in identifying such funding will be greatly
appreciated not only by the Port of Miami but by the entire
maritime community. Thank you.
[The prepared statement of Mr. Towsley follows:]
Prepared Statement of Charles A. Towsley, Director of the Port
of Miami
Good morning. I am Charles A. Towsley, Director of the Dante B.
Fascell Port of Miami-Dade. The Port of Miami is the largest container
port in Florida and among the top ten in the United States. We have
approximately 40 shipping lines calling on more than 100 countries and
250 ports around the world. Of these, 26 carriers serve 33 countries
and 101 ports in Latin America and the Caribbean.
Last year, in fiscal year 2001, the volume of cargo moving through
the Port of Miami reached a record 8.2 million tons, representing over
955,000 twenty-foot equivalent unit containers (TEUs). Also last fiscal
year, the Port of Miami processed almost 3.4 million multi-day cruise
passengers, that was the highest total ever. It has been estimated that
the Port of Miami's impact on the community exceeds $8.7 billion
dollars and 45,000 jobs. As evidenced by the above figures, we are a
critical link in the Maritime Industry and, more specifically, in the
economic well being of the local region, the State, and nationally.
Thus, in efforts to protect the safe movements of these passengers and
cargo, Miami-Dade county officials and administrators at the Dante B.
Fascell Port of Miami-Dade have worked diligently in the past three and
a half years to enhance our security operations at the port.
In 1998, port management identified security areas that could be
tightened. The result of those efforts led to several ground breaking
and milestone security improvements through Miami-Dade county's seaport
security legislation, locally referred to as chapter 28a of the code of
Miami-Dade county.
This security ordinance, among other things, required that the
Miami-Dade police department conduct criminal background checks on all
persons working in secure areas of the seaport before they receive a
required seaport identification badge, a pre-requisite to working in
restricted areas of the port. This practice has since been passed into
law in Florida and will soon be implemented at all Florida deepwater
ports, as defined by the State of Florida.
Drug and smuggling interdiction has also been and will continue to
receive the highest priority at the Port of Miami. The Port of Miami
continues to be proactive in addressing all issues pertaining to
security. In addition to working at the local level to tighten
security, the port is also working closely with State and Federal
agencies to identify funding for security infrastructure enhancements
such as high mast lighting, additional fencing, camera surveillance,
and inspection equipment. Prior to September 11, 2001, these
enhancements were estimated to cost $8.0 million. However, as a result
of recent security assessments conducted by the Florida Department of
Law Enforcement, Miami-Dade police department and coast guard, the
port's needs for security improvements now exceed $24 million.
Moreover, these assessments have also identified additional recurring
operational needs that could, in fact, double/triple the port's annual
security budget of approximately $4 million.
Although significant financial assistance will be required to
implement those improvements, the Port of Miami has already been
investing in its security personnel. Presently, each security officer
is trained in seaport security procedures by law enforcement agencies
involved in port operations. The training includes cruise and cargo
procedures, tariff, safety operations, and how to respond to hazmat and
terrorism incidents. I think it is important to note that it is
critical that each port maintain a highly trained security force
dedicated to that port's operation.
Additionally, the Port of Miami actively assisted in organizing and
regularly participates as co-chair with the U.S. Coast Guard on the
seaport security committee comprised of representatives from the Miami-
Dade police department, FDLE, Customs, the FBI, INS and others. Most
recently the Florida National Guard has also been a participant. The
Port of Miami's security staff works hand-in-hand with these agencies
to identify and address security issues at all levels to ensure the
safety and security of our passengers and maritime commerce.
Other enhanced security measures recently implemented at the Port
of Miami include computerized gate security, ID badge and permitting
systems capable of validating information from one to the other; and
the installation of four stolen automobile recover system gamma ray
technology machines, designed to detect contraband vehicles or
equipment inside cargo containers illegally moving through the port.
Future security improvements will include security overlay plans on
prospective development efforts at the port. For instance, the design
of new cruise terminals, storage sheds, and/or parkIing garages, will
incorporate security components, which would not have been contemplated
in the past at the level now being required.
I would be remiss, however, if I did not recognize the cooperation
which we have received from our port users, or partners, as I like to
call them, in helping the Port of Miami be a more secured port. In
addition to spending several million dollars in new gate systems,
closed circuit television cameras, lighting, and other security
infrastructure, our partners have patiently endured the additional
traffic delays resulting from congestion generated by the more
stringent document processing and other security measures implemented
by the port.
The Port of Miami will continue to work with U.S. Customs, U.S.
Coast Guard, Immigration and Naturalization Service, USDA, Florida
Department of Law Enforcement, Miami-Dade police and other law
enforcement agencies in strengthening its security.
Before concluding my remarks today, I want to thank the many
agencies and officials at both the State and Federal levels who have
demonstrated concern for security in our seaports. As you can see, the
Port of Miami has significant unfunded security needs which must be
addressed in the near future and your assistance in identifying such
funding will be greatly appreciated not only by the Port of Miami but
also by the entire maritime community.
Thank you very much for your attention.
Senator Breaux. Thank you very much gentlemen for your
presentations, and of course, being willing to work with the
Committee on this legislation and giving us your thoughts and
ideas.
Let me ask both of you. Who is in charge of security at the
Port of Miami and who is in charge of security at Port
Everglades?
Mr. Allen. As I said this morning during the presentation,
and in response to your question, the port director has
ultimate responsibility for security within the port.
We, however, contract with the Broward Sheriff's Office to
enforce the law enforcement activities. We work very closely
with the U.S. Coast Guard in enforcing their requirements
throughout the port.
We were fortunate, just as in Miami through the leadership
of the Marine Safety Office, and the U.S. Coast Guard, we had
earlier implemented the security committee as required under
Senate bill 1214.
We did that early this summer and we found it to be of
extreme assistance to us in the event of a September 11 and
thereafter.
That's been a very useful process and a very good process
for all law enforcement and for users to come together to focus
all of those attentions on port security.
Senator Breaux. How many groups, or individuals, or
organizations, or governmental bodies are involved in the
security at Port Everglades?
Mr. Allen. As part of the membership of our safety
committee, it's approximately 12 individual agencies or users
groups that are involved.
Senator Breaux. Is there a great deal, or is there some
overlapping of their responsibilities?
Mr. Allen. We found, through that coordination of the
Committee, what overlap could possibly exist has been
mitigated.
They have each brought individual elements to the table and
through our joint discussions have been able to assign
responsibilities among all of the agencies.
Senator Breaux. I take it that the contract with the
Sheriff's Department is relatively new?
Mr. Allen. It has expanded. We have had the Broward
Sheriff's Office under contract for the last 3 to 4 years and
we're just in the process of amending that now for the enhanced
level of security.
Senator Breaux. When the National Guard departs, you would
be losing approximately, what, and if they removed all of them,
how many personnel would you be losing?
Mr. Allen. There's a total assignment of 141 of the Guard's
troops. The proposal, as we understand it, is a 50 percent
reduction immediately and tapering off to a total disbanding of
the force by the end of March.
Senator Breaux. I heard that the Sheriff's Department was
in the process of adding an additional 100, or so personnel for
this type of work. Is that your understanding?
Mr. Allen. I know that in our case we have asked them to
increase personnel under our contract by about 60 positions.
I think they're expanding their force and their service to
the airport also under a similar contractual arrangement, but
they are not back to do that.
In fact, one of the opportunities that was available to us
with the National Guard coming on board, after 9/11, the
Broward Sheriff's office in support of our efforts to secure
the port, and the airport, expanded a great deal of manpower.
In support of that, they went to a twelve-hour shift per
day and that has a way of wearing down personnel very quickly
because they just did not have the staff to support that on a
continuing basis.
The National Guard has provided the opportunity to reduce
somewhat the hours from those uniformed personnel and allow
them to enjoy other parts of their lives other than just
securing the port.
Senator Breaux. What about Mr. Towsley who is in charge of
security at the Port of Miami?
Mr. Towsley. I would concur with many of the statements
made by Mr. Allen in terms of the way we are organized.
I would like to emphasize the importance that we have found
of the security committee as he has mentioned. They have
functioned very well in times of crisis. They have brought us
together, the multiple agencies which, in fact, as you know, do
have different mandates and do have different chains of command
and do have different levels of reporting information
particularly in areas of confidentiality and clearance.
There are still some issues, I believe, and I would refer
you to those agencies in terms of cross communications of that
information at certain clearance levels which can be
problematic.
For example, the port director, who is in charge of certain
security elements within the port, does not necessarily have
all the clearances to get all of the information from those
agencies in terms of details with certain crises at times.
That's an issue that we need to address.
Senator Breaux. Is it the Dade County Sheriff's Department
that has the overall responsibility for security?
Mr. Towsley. In Miami-Dade County, the Miami-Dade Police
Department is a sister department of the seaport within the
county, so we have their services at the port as a function of
county government.
I have been at the Port board, and it will be 4 years on
January 19th of this month, and all the time I've been there
the Miami-Dade County Police have been the contingency and our
security force.
What we have recently done is also put them in charge of
our civilian security officers so that we have a more cohesive
management system across the board being directed by the same
management personnel.
Senator Breaux. Do you also have the Florida National Guard
at the Port of Miami?
Mr. Towsley. Yes, we do. We had the National Guard at the
port assisting in drug interdiction prior to September 11th,
and into November when the Guard was called out to our seaports
in Florida.
We are also highly concerned with the prospect of having
those forces reduced by half at the port.
We will need to supplement those deployments at critical
positions in order for us to be able to satisfy the Coast
Guard, and other agencies, with respect to our passenger
security and security commerce at the port.
Senator Breaux. Do you have private security concerns
involved at the Port of Miami as well?
Mr. Towsley. As with the other ports, quite often our
users, the cruise lines, will and do have private security
contracts.
Our responsibility is, and one of the functions that we've
been working on with the National Guard to do, is to ensure
that their private security components are, in fact, enforcing
and complying with security processes where required at the
port.
Senator Breaux. The inspection of luggage that goes onto
the ships, I take it, that it's a ship's responsibility and not
the port's responsibility?
Mr. Towsley. That is correct.
Senator Breaux. I will ask other questions on that later.
Congressman Shaw.
Mr. Shaw. I just have a couple areas that I would like to
go over.
Mr. Allen, this morning you said something about $75
million in revenue that the port brings into Broward County.
Both the Senator and I were a little surprised by that because
we anticipated that it would be higher than that.
Will you expand on that and tell us what the net revenue
would be after expenses, or are you budgeted that way?
Mr. Allen. Not overall revenue. In fact, the number that I
was quoting you in the testimony here was over a year old.
That number, for this past fiscal year ending September 30,
2001, was, in fact, approximately $80 million.
Our net income revenues, less expenses, including
depreciation is approximately $12 million. That $12 million is
ploughed right back into the infrastructure of the port. None
of that money is used for general governmental services. It all
stays here within the port.
Mr. Shaw. Mr. Towsley, can you give us a similar analysis?
Mr. Towsley. Yes, we are similar. We have a proprietary
department within Miami-Dade County which means that we are
self sufficient in that we operate under our operating
revenues.
The last fiscal year, ending the end of September, and
similar to Port Everglades, our revenues were $76 million with
a similar breakdown in terms of expenses.
Ports, by their nature, are somewhat debt heavy in that a
lot of our investment is in infrastructure in the long term, so
that close to half of our income goes to operating debt and
then the remainder to our operating expenses.
We operate on a very narrow margin. We have operated in the
black since I have been there in 1998, and we do put aside
dollars for our capital program and our reserves.
Mr. Shaw. A number of years ago Customs brought to my
attention the background checks from a sampling of the dock
workers which was quite startling.
The criminal records showed that most were involved in
drugs and we found that approximately half of that particular
sampling had criminal records or rap sheets.
I brought the matter to Miami-Dade County and to the Dade
County Commission, as I did with the Broward County Commission,
and both commissions reacted to that.
You might want to ask in New Orleans, and as well in
Houston, if they are conducting background checks on their
docks.
We have found here, at least in Port Everglades, that these
same people had a very high number of driving vans that would
park right next to docks that they were unloading, so you can
readily see the problems that you would have with the
containers and with some of these stories that I'm sure you've
heard elsewhere about containers being opened and contraband is
found.
Even though we are very concerned about terrorism in the
ports, and port security, we also must not neglect our
responsibility with regard to drugs and the importation of
these types of substances as well as the exportation of stolen
vehicles and other things that X-ray technology can detect.
By the way, I wanted to acknowledge Carol Landy who is in
the audience, who is now with the county--you stole her from
me--but she was very active in that particular area.
One final question. We see the National Guard at the
airport and we see them here. By their very presence in their
camouflage uniforms with their weapons is itself a great
deterrent. What type of training do these people have in law
enforcement?
Mr. Allen. That question is probably left for the Guard
themselves, but in addition to their law enforcement training,
we also provided additional training, both through the Broward
Sheriff's Office, as well as by our staff here at the port, in
port specific training, before they were put into their posts.
Mr. Shaw. I assume that Miami-Dade does the same thing?
Mr. Towsley. That's correct. We had a dual training program
which, I believe, is the same, or is similar to what occurred
with Port Everglades, where on the first day they came in port
training was put on by the Coast Guard, overall and generally,
with respect to the seaports.
On the second day they were then split specifically for the
unique characteristics for law enforcement, the ID badges, and
what's being done in Port Everglades.
The other group that was in Miami was then specifically
trained for what features they needed to know with respect to
Miami, and then in Miami, as they are in Broward, they're
working under the direction of local law enforcement.
Mr. Shaw. I'm just wondering how efficient the use of funds
are in bringing these people away from their regular jobs and
putting them in the ports and airports around the country?
Obviously it's to the county's advantage that the Federal
Government picks up the tab for these men and women that come
in and help out, but is that the most effective use of
personnel?
I was a mayor once, and if the Federal Government was
willing to pay for it, I would take it. I'm sure things haven't
changed.
Mr. Allen. And it goes beyond that, Congressman. We have
been very appreciative for the support that we have had from
the Guard. They have been very professional. They have been
well trained, and they came up to speed very quickly with the
nature of commerce that has to go on within the port, and as
measured against any need for enhanced security.
The Guard is a stopgap measure and they are a stopgap
measure to allow local law enforcement to staff up to the New
World, to the new realities of this world. It's also a stopgap
to allow us to put the infrastructure in place that reduces the
staffing requirements which have an ongoing expanse.
Whereas, the Guard, or local law enforcement personnel have
an annual cost that continues to build and build and that's why
we need to put the infrastructure in place to reduce that
staffing requirement.
Mr. Shaw. We would be in big trouble without them. I do not
want to minimize the benefits of it, but they are not
considered to be a permanent force and you are. Thank you.
Senator Breaux. Thank you very much, Mr. Towsley. Mr.
Allen, thank you very much for being with us and thank you for
your testimonies.
We will now invite our next panel which consists of Ted
Thompson who is the executive vice president of the
International Council of Cruise Lines.
Perhaps, Ted, you can introduce yourself and your
colleagues so we can get to know some of your colleagues in the
cruise line industry.
STATEMENT OF TED THOMPSON, EXECUTIVE VICE
PRESIDENT, INTERNATIONAL COUNCIL OF CRUISE LINES;
ACCOMPANIED BY STEVE NIELSEN, VICE PRESIDENT OF
CARIBBEAN AND ATLANTIC OPERATIONS FOR PRINCESS
CRUISES; CAPTAIN BILL WRIGHT, SENIOR VICE PRESIDENT
OF SAFETY AND ENVIRONMENT FOR ROYAL CARIBBEAN
INTERNATIONAL; AND NICK SCHOWENGERDT, VICE
PRESIDENT OF SECURITY, HOLLAND AMERICA LINE
Mr. Thompson. Good afternoon, Mr. Chairman. With me today
are Captain Nick Schowengerdt, director of policy and plans for
Holland America Line and WindStar Cruises.
Captain Bill Wright, senior vice president for safety and
environment with Royal Caribbean Cruises Limited which is
comprised of two lines, Royal Caribbean International and
Celebrity Cruises.
And Mr. Steve Nielsen, vice president of Caribbean and
Atlantic for Princess Cruises.
These gentlemen are accompanying me today to be able to
provide industry operational specific answers to questions you
may have.
Mr. Chairman, I have written testimony, and with your
permission, ICCL would like to submit this for the record to
summarize all statements.
Senator Breaux. Without objection that will be----
Mr. Thompson. Thank you. The International Council of
Cruise Lines is a North American industry trade association
representing 16 of the largest cruise vessel operators.
Last year, ICCL members carried over seven million
passengers on over 90 ships and ports around the world. The
majority of these passengers were carried out of U.S. ports and
a majority of those from the Port of Miami and Fort
Lauderdale's Port Everglades. Thus, it is appropriate that we
are having this hearing here today.
Mr. Chairman, from previous testimony before your
Subcommittee in October, you already note that passenger ships,
and terminals, are required to have comprehensive security
plans that are acceptable to the U.S. Coast Guard.
ICCL worked closely with the Coast Guard a number of years
ago to provide a security plan template for use by our members
to assure that each of these plans contains the required
information in similar format to ensure consistency and
thoroughness.
Because of these plans, and the industry's existing
security posture, this industry was able to immediately
increase its security measures to the highest level after the
tragic attack on our country on September 11th.
In addition, ICCL initiated daily telephone conference
calls between cruise companies' security operations managers
and government agencies. Participants included Coast Guard
Atlantic Area Command, Coast Guard Pacific Area Command, Coast
Guard Headquarters, Coast Guard Marine Safety Offices, the
Department of Transportation, the Office of Intelligence and
Security, the U.S. Immigration and Naturalization Services, and
other agency representatives as needed.
Again, the purpose was to harmonize actions around the
country, to facilitate ship relocations when the Port of New
York was closed to cruise ships, to identify best practices for
use by everyone, to share information and control rumors and to
standardize requirements and procedures.
These gentlemen who are here with me today are three of
those in the front line of those conference calls and who are
front line facilitators who are responsible for stepping up
security, relocating ships to alternative ports, and ensuring
the consistent safety and security of passengers, not only
here, but around the world, sir.
Mr. Chairman, I have mentioned harmonization and
consistency several times now. These elements are absolutely
critical in our mind to the success of all efforts addressing
terminal ship, passenger, and cruise security. We are currently
working with the Coast Guard at several levels to identify and
implement long term security posture that is not only high, but
also sustainable and one that is flexible enough to meet the
demands of each of the unique ports that we visit either as
turnaround port or port of call.
Because our members travel worldwide, it is important to
assure that appropriate adequate security is provided at each
port of call in whichever country we visit.
To assist in obtaining consistency around the world, ICCL
has recently sent a letter to all Caribbean states urging a
review and timely upgrade of security at those ports.
We have, and we will continue to participate fully in the
U.S. Coast Guard initiative at the International Maritime
Organization to develop worldwide security regulations and
guidelines.
Mr. Chairman, ICCL members continue to operate at the
highest level of security as you saw today. The visible
measures that the passenger will see on arriving for a cruise
actually exceeds those at airports.
Not only are passenger and handheld items screened by x-
rays and magnetometers, but all baggage, 100 percent, is
screened by x-ray, hand search, explosive sniffing dogs, or
other methods, and all storage coming aboard are screened and
all passengers, personnel, and crew and visitors, are
thoroughly identified and vetted before boarding.
Passenger lists with pertinent information are provided to
the Coast Guard, Customs, and INS, at least 96 hours in advance
of sailing for their screening.
Wayside terminal and waterside security, where necessary,
is coordinated with the Coast Guard and other Federal, State,
and local authorities.
A lot has been done since September 11, but a lot remains
to be done. Let us assure you that ICCL and its cruise line
members will be at the forefront of these activities,
development, and implementation of technology and striving
partnership with responsible agencies to assure that cruising
remains a safe and secure vacation option.
Thank you, Chairman. We would be pleased to answer any
questions that you may have.
[The prepared statement of Mr. Thompson follows:]
Prepared Statement of T. E. Thompson, Executive Vice President,
International Council of Cruise Lines
Mr. Chairman, my name is Ted Thompson. I am the Executive Vice
President of the International Council of Cruise Lines (ICCL). I am
pleased to appear before you today regarding security at our nations
seaports. With me are: Captain Nick Schowengerdt, Director of Policy
and Plans for Holland America Line and Windstar Cruises; Captain Bill
S. Wright, Senior Vice President, Safety and Environment, Royal
Caribbean Cruises Ltd. comprised of two brands, Royal Caribbean
International and Celebrity Cruises Inc.; and Mr. Steve Nielson, Vice
President, Caribbean and Atlantic, Princess Cruises.
ICCL, and the cruise industry are shocked and deeply saddened by
the attack on America and the tremendous loss of life that resulted
from this national tragedy. In light of these recent events, we are
continuing operations at a very high level of security and ICCL,
together with our cruise lines member operators, are working with all
appropriate federal, state, and local agencies to ensure that traveling
Americans are protected to the maximum extent possible.
ICCL is a non-profit trade association that represents the
interests of 16 of the largest cruise lines operating in the North
American cruise market and over 73 Associate Member companies that are
cruise industry business partners and suppliers. ICCL member cruise
lines serve major ports in the United States and call on more than 400
ports around the world. Last year, ICCL's member lines carried more
than 7 million passengers on 95 vessels.
We welcome the opportunity to appear before the Subcommittee today
to review and discuss our industry's efforts to ensure the safety and
security of all of our passengers and crew. The cruise industry's
highest priority is to ensure the safety and security of its
passengers. A cruise ship is unique in that it is inherently secure
because it is a controlled environment with limited access. In order to
maintain this secure environment, cruise lines have established strict
and highly confidential ship security procedures that meet or exceed
strict ship and passenger terminal security procedures that are set
forth by the International Maritime Organization (IMO) and by the
comprehensive regulations established by the U.S. Coast Guard (USCG).
In the United States, the USCG oversees the enforcement of these
security measures. Regulations address both passenger ship and
passenger terminal security and outline methods to deter unlawful
activities onboard passenger vessels.
In 1986 the IMO Measures to Prevent Unlawful Acts Against
Passengers and Crew address concepts such as: restricting entry to
sensitive locations including the ship's navigation bridge and the
terminal's security control center for example; monitoring the flow of
materials and consumable supplies brought onboard a ship; and providing
perimeter security around the terminal and ship. Security procedures
within these measures include the use of metal detectors, x-ray
machines and other screening techniques to prevent unauthorized entry
or carriage of weapons onboard.
In 1996, the USCG implemented an Interim Final Rule on Security for
Passenger Vessels and Passenger Terminals, which was finalized in
October of 1999. These regulations require ship and passenger terminal
operators to submit comprehensive security plans to the USCG for review
and acceptance. In this regard, the plans for all ICCL member lines
have been submitted and accepted by the USCG. The security plans, which
are sensitive law enforcement documents and therefore not available to
the public, include the following major components:
Identification of three levels of security and specific
procedures to implement and follow at each level
Procedures to prevent or deter unlawful acts onboard
Procedures to prevent or deter introduction onboard of
weapons and other unauthorized items.
Procedures to prevent and or deter unauthorized access to
vessels and restricted areas
Designation of an onboard Security Officer
Security training for all crew members
Procedures for coordinating the ship security plan with
the terminal security plan
Directions and procedures for reporting of violations and
unlawful acts
Annual security audits for each ship
Review of security plan amendments and security plan
implementation by the USCG
Passenger vessel security plans and their amendments are reviewed
by USCG Headquarters and examinations are conducted by the local
Captain of the Port to verify that all security practices and
procedures are effective, up-to-date, and are being followed.
As a result of this extensive security planning, the cruise
industry was one segment of the transportation industry that was able
to immediately move to a heightened security posture as a result of the
attacks on September 11, 2001. While implementation of Level III
security, the highest level of security, was directed by the U.S. Coast
Guard at U.S. ports, ICCL member operators reported that they
implemented security measures consistent with this declaration even
before it was ordered.
Security measures at U.S. cruise terminals, and onboard ICCL member
cruise ships remain at Level III--the highest possible. Passenger
vessel security measures include passenger-screening procedures which
are similar to but actually exceed those found at airports. This
includes l00% screening of all passenger baggage, carry-on luggage,
ship stores and cargo, and also includes higher levels of screening of
passenger identification. Official passenger lists are carefully
reviewed and proper identification is ensured before anyone is allowed
to board the vessel. Even before the attacks of September 11, and as a
result of long standing memorandums of understanding, all passenger
lists were made available to the INS and Customs for screening.
Passenger identification is now subject to even stricter scrutiny and
the industry is working closely with the INS and other federal agencies
to ensure that any passenger suspected of being on any agency's'
lookout list are reported to the federal authorities for further
action.
Another component of Level III Security requires ship operators to
restrict access to authorized personnel and to identify restricted
areas on the vessel that require positive access control such as
intrusion alarms, guards, or other measures to prevent unauthorized
entry. Restricted areas on a vessel will include the bridge, the engine
room, and other areas throughout the ship where operations are
conducted. Other onboard security measures, not generally discussed for
obvious reasons, are employed to maximize shipboard security and to
deter unauthorized entry and illegal activity. Every vessel has a
trained security staff responsible for monitoring activities and
responding to any suspicious activity that may jeopardize the safety of
the passengers and crew.
For many years, the cruise industry has been pro-active in
developing effective security measures and has looked for ways to
increase passenger safety. In fact, most ICCL member lines now utilize
advanced technologies to control access to our vessels. The Passenger
Access Control System, that has been installed on many of our members'
vessels, utilizes a passenger identification card that incorporates a
picture of the passenger that is taken at the time of boarding. This
picture and other passenger identification information and cruise
information is placed into an onboard computer system. During the
course of a cruise, the identification card is presented each time a
passenger departs or boards the vessel. The picture appears on a
computer screen that is matched against the person's face for
identification purposes before they are allowed to board the ship. The
card can also be used for room access and for onboard purchases. This
new technology is only part of an overall onboard security system that
further enhances the proper identification of all passengers and crew
boarding the vessel.
Since 1998, ICCL and its member operators have been members of the
U.S. Interagency Task Force on Passenger Vessel Security. This group,
which includes representatives from the Departments of Transportation,
Defense, State, and the U.S. Coast Guard and others, meets every 60
days to discuss emerging security issues, receive updated threat
information, and address specific security concerns. Starting on
September 12th, the ICCL Security Directors and Operations Managers
teleconferenced on a daily basis with this group and other federal
agencies such as the INS, USCG Atlantic and Pacific Area Commands,
major USCG Marine Safety Offices and port authorities to efficiently
communicate, resolve problems and control rumors. These daily
conference calls lasted for almost six weeks before being scaled back
to twice a week and finally eliminated, as the issues were resolved.
That information exchange was proven to be valuable both to our member
lines and the federal agencies involved. As the need arises, we
continue to jointly address matters impacting both ship operations and
security. We are committed to providing the highest levels of security
for our passengers and to working with appropriate federal agencies to
address additional security measures that may become necessary.
Mr. Chairman, we in the cruise industry, believe that our security
plans and working relationships with regulatory agencies are
accomplishing many of the goals of the Port and Maritime Security Act
of 2001. The collaboration and cooperation of all agencies and industry
exhibited since the events of September 11 are also accomplishing many
of the goals of this legislation. Of course all of the additional
security measures that we have put in place are consuming resources and
money at a rapid pace. We would urge you to ensure that there is
adequate funding that comes with any additional mandates that are
placed on agencies, ports or industry through the legislative process.
While we as an industry together with our Coast Guard partners seek
to identify a long-term sustainable security posture, we believe that
new technologies must be developed and brought on line in the security
battle. These technologies may include detection of exotic explosives,
plastic weapons, and biological and chemical agents. In the wake of the
Anthrax attack, there were many hoaxes, and instances of spilled
powders, sugar and coffee creamers that caused concern. This industry,
as with other segments of the travel industry, went to great lengths to
minimize the impact of these incidents. But, from an abundance of
caution approach, all had to be treated with the utmost seriousness.
Methods need to be developed, tested and certified to rapidly identify
and/or rule out agents such as Anthrax so as to give decision makers
the necessary tools to make well-reasoned and scientifically supported
decisions.
Neither the Coast Guard nor the ports currently have the resources
necessary to provide continuous effective waterside security patrols in
those ports where this may be necessary. In some ports, the cruise
ships themselves have been asked or directed by the Coast Guard Captain
of the Port, to lower lifeboats or rescue-boats to assist in the
waterside security equation. While this has been possible in the short
term, we do not believe that the ships themselves, whether they be
cruise ships or cargo ships, should be placed in a position of
utilizing lifesaving appliances for purposes other than lifesaving. It
is our belief that waterside security zone enforcement and other
waterside patrols, if not conducted by federal or state agency assets,
should be the responsibility of the local port authority.
Mr. Chairman, these are challenging times--not only from a security
standpoint but also from a business point of view. But as I stated
before, the highest priority of the cruise industry is, and will always
be, to provide a safe and secure vacation experience for our
passengers. Our industry pledges its cooperation working in partnership
to sustain the level of security necessary to maintain the outstanding
safety record of the cruise industry
This country can and will unite to exercise one of our most
cherished freedoms, the freedom to travel. It is up to us to ensure
that we protect not only the freedom, but to ensure that those whose
goal it is to disrupt our way of life are not successful. We, in the
cruise industry, will do everything possible to protect those who
choose this outstanding and safe vacation option.
Thank you for the opportunity to appear before you today.
GOD BLESS AMERICA.
Senator Breaux. Thank you, Mr. Thompson. I appreciate that
your colleagues have been helpful to us. We have had some
meetings and discussions and we thank them for being with you.
I take it what you're saying is that we have for the cruise
industry a security plan that's in place, that the Coast Guard
has reviewed and signed off on. Is that what you're saying?
Mr. Thompson. Yes, sir, that's correct. The U.S. Coast
Guard regulations that were finalized, I believe in 1997,
require that each passenger ship and each passenger terminal
have a security plan, and the plans for the ships are submitted
to the Coast Guard Headquarters for approval, and the
acceptance and the plans for the terminals are submitted to
each of the local captains of the ports for acceptance. Each of
the ship's security plans, sir, has a port addendum for each
port that they visit to handle the interface issues.
Senator Breaux. I take it that this was done prior to 911?
Mr. Thompson. Yes, sir.
Senator Breaux. What, if anything, is different in those
plans after 9/11, that were not there, or were not a part of
the plan before 9/11?
Did they do anything to change, to beef up, to rearrange
those plans in any way to address other concerns since 9/11?
Mr. Thompson. I will ask my colleagues to answer that, but
I would like to preface any comments they may have by saying
that our plans recognize three levels of security. The highest
level was intended to address a threat, or a specific event on
a specific ship or any specific port.
Unfortunately, the events of September 11th required that
highest level of security to be entered nationwide. In general,
that's about the absolute highest we could get to without
getting into specific operational procedures.
Senator Breaux. Is there anything different in the security
plan after 9/11 than there was before 9/11?
Mr. Thompson. No, sir, not at this point. We're working
with the Coast Guard, however, to identify how those plans
should be identified for the long term posture.
Senator Breaux. So that we are not doing anything
differently after 9/11 than prior to 9/11 with regard to
security?
Mr. Thompson. Operationally, we are, sir. The plans
themselves have not been changed, but operationally, I would
like my colleagues to answer that.
Mr. Wright. I can comment on that Senator. On behalf of
Royal Caribbean Cruises Limited, let me, first of all, thank
the Senator for the opportunity to give testimony on a subject
that's clearly critical for our country and for the entire
maritime community.
As Ted has mentioned, the security plans that were approved
were three levels based on security threats that were
presented.
Immediately after 9/11 we went to Level III, the highest
level, which required a number of steps, the main ones being a
complete identification of passengers against their baggage,
100 percent screening of all baggage, and carry on baggage,
which was loaded on board the ship, plus--and this is a big
one--all the provisions in storage that go on board one of our
vessels and that's happening to this day.
Senator Breaux. You say carry on. Sorry to interrupt you,
but you're talking not just about luggage that a passenger
carries himself personally on the ship, but also a 100 percent
screening which is checked baggage as well.
Mr. Wright. Exactly. One of the real success stories of the
aftermath of 9/11 has been the ability of our industry to
almost instantaneously begin to work very very closely with the
Coast Guard, taking advantage of the very close relationship
that we have had for so many many years.
We were in the position, both in terms of understanding
each other, I think, with a clear mutual professional respect
to start addressing the big questions right away.
What's happened now, as it was mentioned, Level III
security was intended for a specific threat against a specific
target for a specific period of time or for a finite period of
time.
There are many aspects of that that are difficult to
sustain over the long term, but we have been able to do, again
because of the advantage of having that established
relationship with the Coast Guard, we have already on the table
for the Coast Guard's evaluation, an alternative plan which
would give a new security profile to address the future.
Whereas, bringing down the current Level III, maintaining
basically everything that we're doing today, but that no longer
being the highest level of security, having other options that
we could go to if there should, in today's environment, be a
specific threat against a specific target.
Senator Breaux. There are two other areas and let me ask
the first one.
We got through one of these terrific debates in the Senate
between the House and the Senate, and Congress, about who are
the inspectors at the airports.
Facts really came out indicating that the airlines were
hiring inspectors to do the inspections at the airports based
principally on who can do it the cheapest, or who gets the low
bid, or whoever could do it the cheapest was hired.
It wasn't so much a focus on who could do it the best, but
who could do it with the cheapest amount of money involved
because the airlines were in charge of it.
I saw today that you have private security forces. For
instance, I would imagine that we probably have a similar
arrangement with the other cruise lines as well.
The argument by some in Congress was that in order to
ensure the viability of those inspections, you cannot do it on
the cheap. So what we've done in Congress, and not without a
great deal of argument, and debate, was to ensure in the future
that all inspectors of luggage on airplanes will be done by
Federal employees and Federal inspectors and not by private
contractors.
The arrangement you have now, doing it through private
contractors and based probably on the low bid type of an
arrangement, do any of you have any reason to be concerned?
Mr. Nielsen. In the case of Princess Cruises, it's not
based on low bid as opposed to the airlines, perhaps where the
perception is, where it's security that's provided by the
airport, as opposed to the airline.
I think in the cruise industry the perception is that
security is provided by the cruise line, so it's incumbent upon
ourselves to make sure that we have the best security possible.
If asked, the economy comes into play in consideration, but
it's not the driving force. It's the ability of the contractor
to provide the service at a reasonable price.
Senator Breaux. Do you all have standards when you set out
hiring those inspectors?
The argument was that many of the people doing the
inspection at the airports could not read and write, never went
to high school, and I see now that they're saying that they
don't necessarily have to have a high school degree even if
they worked for the Federal Government.
There was a lack of confidence by the general public in the
inspectors at the airports, I think it's safe to say, and many
of them that you dealt with were being paid absolute minimum
wage, they stayed on the job for very short periods of time,
and there was a huge turnover where they would stay for 2 or 3
weeks, a month, then left and started flipping hamburgers
somewhere because it might have been easier and was a less
boring job, so that the quality of what we wanted at those
inspection sites, and particularly on airplanes, was not what
it should have been.
How do you ensure that you don't have the same problem with
the people who are doing your baggage inspection?
Mr. Schowengerdt. This is Captain Schowengerdt with Holland
America Line. We do have standards and they are built right
into our security plans. They are written standards and they
become a part of the competitive bid process when we hire
contract security companies and we do perform due diligence on
the company to ensure that they meet the standards.
The standards we use will vary from State to State because
generally what we do is adopt the State standards for the State
of the port that we're calling at.
If we find those standards to be missing some key elements
that we think are important to the cruise ship's security, then
we will add that in as part of our written standards as well,
but they are clear standards and they are enforced by due
diligence on the part of the cruise lines.
Senator Breaux. My final point. I think, after looking at
the security operations of Port Everglades, I was very
impressed by the way things had been arranged and work here.
I happen to think personally that the biggest threat to a
ship and a cruise line is not so much one that departs from the
Port of New Orleans, or the Port of Houston, and Port
Everglades, or the Port of Miami, but the two greatest
vulnerabilities are just like what happened with the U.S. Cole
that had a very small vessel that was docked alongside a Navy
vessel that blew out a side killing a number of very important
and innocent sailors.
Second, the problems that we have, not when you call on a
U.S. port, but when you call on an island port which may not
have the same standards and to the same degree of inspectors
where you offload people and then putting them back on the
ship, take on supplies, bring on liquor, food, or whatever, in
a port that's not a Port Everglades or a Port of Miami type of
a facility, it seems to me that keeping ships away from your
ship in the outlying areas is something incredibly important.
Are you all satisfied with the degree of security in those
areas?
Mr. Schowengerdt. To the extent that we are not, Senator we
generally are able to provide that security ourselves.
Your concerns are very well founded and the same ones that
we have had, and have systematically dealt with, I think. The
one thing to keep in mind is that there's a big difference
between turning around the ship and taking off a complete load
of passengers and reloading the vessel and just calling in a
calling port.
What we have done is to restrict the taking on of stores
only to ports where we have absolute confidence in their
security.
For example, if we run a 7-day cruise, out of Port
Everglades, we don't take stores on anywhere else other than at
Port Everglades, so that we're not taking stores in Ochoa Rios
or in Cancun or in any other place.
We are not taking on new passengers in these ports. We are
only having our passengers go ashore for the day and then come
back at night and when they come back they are screened again.
Anytime somebody goes off the ship, they are checked off in
the automated security system, and when they come back, they
are rescreened and rechecked in again through the automated
security system.
The waterside security is the one thing that we're probably
least able to deal with on our own in another port and those
are issues, of course, of law enforcement.
Senator Breaux. We will ask the Coast Guard. They have more
responsibility for those vessels that are alongside while
they're docked in port and I know that you have some of your
vessels out there as a warning signal as much as anything else.
Thank you, gentlemen.
Congressman Shaw.
Mr. Shaw. Briefly. Senator, I don't know whether you caught
the story on the television this morning where airport security
had strip searched Congressman John Dingel.
Senator Breaux. They had strip searched Congressman John
Dingel, yes.
Mr. Shaw. I guess he answered some of their questions. It
only goes to show that they're much more conscientious than
they were.
But it also shows, I think, that they didn't speak English
because I'm sure he was giving them an earful during that
particular episode.
I, as you, was very impressed by what we saw and I have
just one question and that is: This 100 percent x-ray, is that
something that's required by the Coast Guard or is that
something that you had imposed upon yourself?
Mr. Thompson. That's something that we imposed upon
ourselves in agreement with the Coast Guard.
There's a Coast Guard guideline that supplements the
regulation code, the Navigation Vessel Inspection Circular,
that we had discussed thoroughly with the Coast Guard as it's
being developed, and agreed with them that at Level III that
100 percent check baggage and carry on items would be fully
screened.
Mr. Shaw. So the 100 percent has been since 9/11?
Mr. Thompson. Yes, sir.
Mr. Shaw. You have been able to gear up for that this
quickly, so that should tell us something about what we should
be doing in the airports today and perhaps we're following a
little bit behind, but the Senator and I were both very
impressed.
There must be a tremendous level of comfort that your
passengers have. I think we really need to get the word out
with the type of job you all are doing because you should be
commended for it.
Flying is certainly safe, and taking a cruise is certainly
one of the safest things you can do except when it comes to
your waistline which suffers because everything is so good.
Thank you all very much.
Mr. Wright. Congressman, if I might just add to those
comments. One of the reasons as an industry that we were able
to do that--and it's also addressing the Senator's last
question--by virtue of the size of our vessels we have for many
years been taking our security infrastructure with us.
So when we're hitting these other ports that do not perhaps
have the equipment in place we have that equipment on board.
The equipment was there and it's simply a question of being
able to complement the existing infrastructure, so we can take
it with us.
Mr. Shaw. Much of this technology is, particularly if it's
a photo, where you have some type of card that we could
possibly use at the airport to hasten the security checks,
particularly for people such as the Senator and myself who fly
all the time, and are known to people in the airport. We can
just get through there real quickly with our frequent flyers
which would shorten the lines that have been developing at the
airports. But I was very impressed with the job that you're
doing.
Senator Breaux. Perhaps when we get to the 100 percent
screening of all baggage that's checked on the airlines, we
could develop a system whereby my checked luggage from New
Orleans to Port Everglades which then goes on a cruise ship, we
know that that luggage has been inspected 100 percent in New
Orleans, it should be on a secure path so that you don't have
to redo it here at the port.
Because, if it's checked in New Orleans, and it was
inspected 100 percent, and then it was put on the plane, and
then from the plane to here at the Fort Lauderdale Airport,
there ought to be a way of guaranteeing the security of that
same checked luggage all the way to the ship so that you don't
have to do it again.
As Congressman Clay said, I think you're doing a terrific
job, but I don't know that we have to do it twice if you can
guarantee the integrity from the airport to the ship when it's
has already been inspected.
Mr. Schowengerdt. Senator, there are a number of things
like that that could be done. One of the things that I would
like to emphasize is that the reason that we have done as well
as we have is because of the extraordinary planning that was
done, and because of the historically very good and the very
admirable cooperation between the cruise line industry and the
Federal agencies that are involved.
We've been working on the security plans for a good number
of years, and things worked for us on 9/11 because of that
advanced planning, and because of the relationship that existed
between us, the Coast Guard, Customs, INS, so we were able to
immediately increase to the top level of security because we
had faced the issues, we had figured out how we could do it and
we also had figured out that it's going to be extraordinarily
costly.
But that comes with the territory.
To give you an example. Our security costs, since September
11th, have approximately doubled for all of our ports around
the world.
We do the same thing in all ports and we're consistent when
going from one to another. We do not just do things here in the
United States or just Canada. Our costs have doubled.
But we knew that would happen because we had done this
before and the Coast Guard knew what to expect because we had
done that advanced planning. This is a real success story and I
don't think that should be lost along the way.
Senator Breaux. I agree. The bottom line will be the
legislation that will provide help and actual assistance to
those ports for those in charge of security.
Second, from what we've seen, the word should be made very
clear and very loud that taking cruises from U.S. ports is a
very safe type of vacation for enjoyment, and from everything
that we have seen today, it's very admirable what they do and
it would be to your credit.
Thank you, gentlemen.
Our next panel is comprised by Rear Admiral Jay Carmichael,
Commander, Seventh District, U.S. Coast Guard accompanied by
Captain James Watson of the Port of Miami.
Also appearing with him is Thomas Winkowski, acting
director, Field Operations for the U.S. Customs Service. John
Bulger, who is district director for the Miami District of
Immigration and Naturalization Service, and finally, Anthony
Zagami, who is president and CEO of Security Identification
Systems Corporation, which is SISCO.
We are delighted to have all of you with us and we look
forward to your presentation. I guess we can start with Admiral
Carmichael.
STATEMENT OF REAR ADMIRAL JAMES CARMICHAEL,
COMMANDER, SEVENTH DISTRICT, U.S. COAST GUARD,
DEPARTMENT OF TRANSPORTATION; ACCOMPANIED BY
CAPTAIN JAMES WATSON, CAPTAIN OF THE PORT, MIAMI
Rear Admiral Carmichael. Good afternoon, Mr. Chairman. We
were honored with your presence on the Coast Guard Cutter Janis
this morning and that you had the opportunity to observe up
close the waterfront security.
Senator Breaux. Where was that cutter built?
Rear Admiral Carmichael. That cutter was built at Bollinger
Shipyards and it's a great platform.
Senator Breaux. And, in what State is it located in?
Rear Admiral Carmichael. Yes, sir! That's your State,
Senator!
Senator Breaux. Glad to get something in here for
Louisiana.
Rear Admiral Carmichael. It's a great platform and it's
absolutely the ideal platform for the mission that it performs.
Senator Breaux. Now you can get some more.
Rear Admiral Carmichael. On behalf of the Commandant,
Admiral Jim Lloyd, I thank you for allowing us to testify about
the challenges that we face here in the Southeast United States
with regard to port security and maritime security.
We applaud the on-going efforts of the Congress to bring a
focus to enhance port security in the pending legislation.
Mr. Chairman, I have a longer statement for submission and
I would ask for your consent that my statement be entered into
the record.
Senator Breaux. Without objection.
Rear Admiral Carmichael. Mr. Chairman, as a former
Commanding Officer of a ship at sea one of my major concerns
was a fire while we were underway, but I had some sense of
security because I knew that I had a crew that would respond to
the alarm in what we call ``an all hands evolution'' and that
they would save the ship.
On the morning of September 11, 2001, the port security
committee in Port Everglades, which had been created earlier in
the year, as you have heard, met in an emergency session and
all hands in the crisis security response teamed to
significantly enhance the security of this port.
The Coast Guard Marine Safety Office Captain of the Port,
Captain Jim Watson, who is with me here today chairs that
committee.
Mr. Chairman, the Coast Guard is an integral member of the
port security team.
We bring to that team our military, multi-mission, and
maritime character and competencies and with our broad
authority and experiences we are a leader in the evolving
maritime homeland security strategy.
The maritime transportation system is far more valuable
than those people understand, but yet, it is vulnerable.
Together, with all of the maritime stakeholders we are
reducing those vulnerabilities to the best of our ability. The
maritime transportation system here in South Florida has four
key waterborne components.
Petroleum, containerized cargo, recreational boating and
the issue that's on the table today is the burgeoning cruise
ship industry.
The Coast Guard's objectives regarding maritime homeland
security involves positively controlling the movement of
shipping into the port, increasing our knowledge of a vessel's
cargo, people approaching our coastline, increasing our
presence within the port for deterrence and response,
inventorying people for infrastructure, conducting assessments
of threats, vulnerability, and consequences, but most
importantly, reaching out to all of the other stakeholders in
ports for a coordinated and sustained security effort.
Overall, our unified goal has been to enhance the public's
confidence in the security of the marine transportation system
by reducing its vulnerability to disruption.
In the early days following the 11th of September, a Coast
Guard patrol boat steamed vigilantly alongside a cruise ship
escorting it into port and during that escort they observed
passengers on the cruise ship behind the rail cheering our
presence. That was the highest complement we could be paid, but
also, I believe, was a reflection of results, results in
enhancing public confidence in the maritime transportation
system.
Today, sir, we stand watch supporting a continued increased
level of port security and this stands side by side with our
other No. 1 mission of search and rescue.
Among other activities, we are conducting vulnerability
assessments. We are obtaining advance arrival notification with
regard to cargo and passengers. We are conducting boarding at
sea by armed boarding teams and we are escorting ships.
We are patrolling established security zones. We are
conducting oversight of the passenger terminal security plans
and I could not be more proud of the Coast Guard's men and
women of the Seventh Coast Guard District for their surge
effort.
Our trademark of agility, flexibility, Maritime law
enforcement competency, knowledge of the ports and the working
relationship that you've heard about with our partners in the
port arena has enabled us to serve effectively and to carry out
security functions.
During this surge, all hands have worked extremely hard and
long hours without breaks.
Thank you, Mr. Chairman, and Congressman Shaw, for your
support for the recently passed supplemental budgetary
appropriation. This will allow us to restore program hours for
our surface aviation assets as well as restoring readiness and
provide funding for our activated reservists.
The bottom line is that through the tremendous effort of
the all hands and stakeholders in the port, Mr. Chairman, the
marine transportation system continues to function.
We are currently analyzing all aspects of our contribution
to maritime homeland security to establish what we would call
the ``New Normalcy'' and it is our North Star mission.
But while we're trying to sustain this mission, we also
have major concerns regarding rebalancing resources among all
of our other missions to return to interdiction of illegal
drugs, of migrants, the protection of at-risk fisheries, and
the conduct of marine safety inspection, investigation, and
environmental protection activities.
These are all important to the national security and well
being of our country.
This rebalancing effort is particularly difficult in the
Southeast United States given its extensive coastline, numerous
ports and inlets and proximity to foreign countries.
Just last Saturday, as I looked at the radar screen of
activities that the men and women of the Seventh District are
performing, I saw repatriation of five rescued migrants to
their home country, the interdiction and apprehension of a
suspected smuggling go fast boat, the transporting of 80
Haitian migrants who were stranded on an isolated island, the
diverting of a helicopter from a port security patrol in Tampa
Bay to intercept a suspect private airplane that unfortunately
crashed into a building in Tampa, responding to two grounded
fishing vessels in an ecologically sensitive area of the Dry
Tortugas National Park to remove the oil, and participating in
over 20 search and rescue cases.
Performing all of this while continuing to enhance the port
security role, using the same resources, people, boats, and
planes that are essential for all of those missions.
In conclusion, Mr. Chairman, the Coast Guard is the leader
of America's maritime security and it is helping to define the
strategy for the way ahead.
We are committed to continuing the protection of our
Nation, it's citizens, and marine transportation system.
As you have seen, this enhanced security is an all hands
evolution of all stakeholders in the port as well as all hands
in the Coast Guard.
I thank you for your continuing support of the U.S. Coast
Guard and I will be happy to answer any questions.
[The prepared statement of Rear Admiral Carmichael
follows:]
Prepared Statement of Rear Admiral James Carmichael, Commander, Seventh
District, U.S. Coast Guard, Department of Transportation
Good afternoon Mr. Chairman, I am Rear Admiral James Carmichael,
Commander of the Seventh Coast Guard District headquartered in Miami,
Florida. On behalf of the Commandant, Admiral Jim Loy, thank you for
the opportunity to speak to you today about the challenges we face in
the southeastern United States with respect to our role in port and
maritime security.
Protecting America from terrorist threats requires constant
vigilance across every mode of transportation: air, land, and sea. The
agencies within the Department of Transportation, including the U.S.
Coast Guard and the Maritime Administration (MARAD), touch all three
modes of transportation and are cooperatively linked. This is
especially true of the maritime mode. Ensuring robust port and maritime
security is a national priority and an inter-modal challenge, with
impacts in America's heartland communities just as directly as the U.S.
seaport cities where cargo and passenger vessels arrive and depart
daily. The United States has more than 1,000 harbor channels, 25,000
miles of inland, intra-coastal and coastal waterways, serving 361 ports
containing more than 3,700 passenger and cargo terminals. This maritime
commerce infrastructure, known as the U.S. Marine Transportation
System, or MTS, has long been a Department of Transportation priority.
The U.S. MTS handles more than 2 billion tons of freight, 3 billion
tons of oil, transports more than 134 million passengers by ferry, and
entertains more than 7 million cruise ship passengers each year. The
vast majority of the cargo handled by this system is immediately loaded
onto or has just been unloaded from railcars and truckbeds, making the
borders of the U.S. seaport network especially abstract and vulnerable,
with strong, numerous and varied linkages direct to our Nation's rail
and highway systems.
Port and Marine Security is an immense challenge for our service
since 95 percent of America's overseas trade moves by sea, through 361
ports along 95,000 miles of coastline. In the Seventh District, which
comprises the coastal waters of South Carolina, Georgia, Florida,
Puerto Rico and the U.S. Virgin Islands, there are 35 major ports and
extensive coastline in close proximity to foreign countries.
SOUTH FLORIDA MARITIME HOMELAND SECURITY CHALLENGES
The maritime transportation system in this region contributes
substantially to the economic growth and stability of our Nation and
the quality of life of our citizens. However, it is vulnerable to
terrorist and criminal elements, and needs commensurate security. The
cruise ship industry, maritime energy distribution system, and
container vessel activity are critical to the economy of the region.
The Port of Miami and Port Everglades are the No. 1 and 2 cruise ship
ports in the world. More than 6.5 million passengers cruise out of
South Florida ports each year. During the height of this winter's
cruise season, as many as 18 cruise ships will be moored in these two
ports simultaneously. With the capacities of the largest of these ships
exceeding 5,000 passengers and crew, numerous challenges exist with
respect to passengers, stores, terminals, and waterside security.
The ports of South Florida facilitate trade with many Caribbean and
South American countries. More than 1.5 million twenty-foot equivalent
units of containers from foreign and domestic ports move through the
combined ports of Miami and Port Everglades each year. This volume is
equivalent to the fifth largest container port in the United States.
The geography of South Florida also presents its own unique
security challenges. With an extensive coastline, close proximity to
foreign nations, open ports and plentiful inlets along the Florida Keys
and Intra-coastal Waterway, numerous opportunities exist for
surreptitious entry and exploitation by criminal elements and
terrorists.
COORDINATION TO ADDRESS THE CHALLENGES OF MARITIME HOMELAND SECURITY
The Coast Guard has taken a leadership role in coordinating multi-
agency, private sector, and international efforts to prevent terrorism.
We are uniquely positioned because of our broad civil authorities as a
law enforcement agency, our military character, and our ability to
surge operations quickly to meet new threats to our Nation.
In the aftermath of September 11th, here in South Florida, the
Coast Guard worked with our interagency partners to improve the
security posture in our ports. The groundwork undertaken in recent
years by various maritime security interests facilitated the swift
implementation of enhanced security measures. For example, the Coast
Guard Captain of the Port established Seaport Security Committees in
the Ports of Palm Beach, Miami, and Port Everglades in March 2001.
These committees are led by an executive steering group that consists
of three co-chairs (Coast Guard Captain of the Port, Customs Port
Director, and Port Authority Director), along with representatives from
the Federal Bureau of Investigation (FBI), Immigration and
Naturalization Service (INS), Florida Department of Law Enforcement
(FDLE), County Emergency Management, and local law enforcement.
Cruise ships are currently met at the sea buoy by armed pilot
protection teams to ensure these foreign vessels are safely navigated
into the Port of Miami and Port Everglades. A 100-yard moving
exclusionary Security Zone is in effect around each cruise ship
transiting the port. Security Zones are promulgated by the Captain of
the Port in accordance with the Ports and Waterways Safety Act
authority for port security. Large fixed Security Zones are also in
effect where multiple terminals berth groups of cruise ships and
petroleum tankers. These zones provide buffer areas to enable
enforcement patrol craft to interdict potentially hostile boats before
they can reach intended targets.
Within the passenger terminals, where security plans (Level I) had
previously required only basic access control and credentialing, the
Coast Guard implemented Security Level III, the highest level of
security, established under International Maritime Organization
guidelines. Security Level III is defined in each Coast Guard approved
passenger terminal or ship security plan. All luggage and stores are
screened to detect the introduction of prohibited weapons,
incendiaries, and explosives aboard vessels.
Physical security of passenger terminals and water adjacent cruise
ships in port is critical to effective security. Unlike airports, which
have physical barriers to protect the runways and tarmacs from
unauthorized public access, seaports often allow vehicles direct access
to ship berths, and boats have access to the sides of cruise ship hulls
unless protected by patrolled security zones. Coast Guard Port Security
Teams, assigned full time to Port Everglades and the Port of Miami,
conduct daily security ``sweeps'' of terminals and waterways before
cruise ship arrivals, making sure guards are on duty, and that
screening equipment is staffed by qualified personnel. These teams
conduct continuous patrols of the terminals during passenger operations
to ensure that cruise lines follow their approved security plan
procedures.
Security concerns, especially for high capacity passenger vessels,
also extend to foreign ports of call. After September 11th, the
Government of the Bahamas requested Cbast Guard assistance in assessing
their ports for cruise ship operations. Under a US law (46 USC and 22
USC) containing provisions that encourage anti-terrorism assistance to
foreign governments, the Coast Guard Captain of the Port Miami sent
representatives to Nassau, the fourth ranked cruise ship port of call
in the world, to begin a dialog on this important security concern.
Within the ports, a new normalcy for security remains to be
established by balancing security responsibilities among the Federal,
State, local and commercial maritime activities. Then those responsible
must be resourced to execute security measures. The provisions of S.
1214, H.R. 3437 and Florida's 311.12, the State's Port and Maritime
Security Act, are bold steps along that path. These bills recognize
port needs. Senate bill S. 1214 even recognizes private termfials in
its provisions.
CONCLUSION
In conclusion, the U.S. Coast Guard is a leader in America's
maritime security and we have taken a leadership role in coordinating a
multi-agency, public and private sector, and international effort to
achieve the goals of the Coast Guard's Maritime Homeland Security
Strategy. The Coast Guard is committed to the continuing protection of
our Nation, its citizens, and its marine transportation system against
terrorism, while also maintaining our safety of life at sea, maritime
law enforcement and environmental protection missions. Thank you for
the opportunity to share the unique challenges that the Coast Guard
currently faces in Southeast Florida with respect to our role in port
and maritime security, and the response being made to address those
challenges. I also thank you for your continuing support of the Coast
Guard. I will be happy to answer any questions you may have.
Senator Breaux. Thank you very much, Admiral.
Mr. Winkowski.
STATEMENT OF THOMAS S. WINKOWSKI, ACTING DIRECTOR FOR FIELD
OPERATIONS IN SOUTH FLORIDA, U.S. CUSTOMS SERVICE
Mr. Winkowski. Chairman Breaux, and Congressman Shaw, thank
you for your invitation to testify and for providing me the
chance to appear before you today to discuss the efforts and
challenges of the U.S. Customs Service in processing cruise
vessel passengers at Port Everglades, Florida.
My name is Thomas Winkowski. I am the Acting Director for
Field Operations for South Florida. In my capacity as Acting
Director, I'm responsible for oversight of the inspection and
control of international passengers, conveyances, cargo,
arriving and departing through the seaports and airports of
South Florida.
I have oversight responsibility for Miami, Port Everglades,
West Palm Beach, Fort Pierce and Key West.
As a major participant in the protection and security of
our Nation's borders, Customs has taken a lead role in the
efforts to deny entry of the implements of terrorism into the
United States.
The Customs Services enforces over 400 laws and regulations
for more than 40 Federal agencies. The agency is tasked with
security and protecting all ports of entry to include air,
land, and seaports.
While Customs is able to inspect only a relatively small
percentage of the massive volume of cargo entering the United
States each day, we rely on a careful multi-layered targeting
approach to select goods for intensive examination.
Our risk management strategy incorporates the use of
intelligence and advance information from shippers, the
deployment of sophisticated technologies, and the skill and
expertise of Customs personnel to sift out suspicious goods
from the vast ocean of legitimate trade before they enter the
commerce of the United States.
In addition, under the direction of Commissioner Robert
Bonner, the agency is engaging the private sector in a new
Customs/trade partnership to defend the entire length of the
product supply chain from penetration by terrorists, or
elements of terrorism. We are undertaking new initiatives with
our international partners in an ongoing effort to expand the
perimeter of inspection away from the port of entry and toward
the port of origin.
Port Everglades has acquired specialized equipment in
advanced technology to assist in the screening and searching of
cargo and commercial vessels, including VACIS, the Vehicle and
Cargo Inspection System; a pallet x-ray for inspecting
palletized cargo; and mobile x-ray vans. We anticipate further
technology acquisitions.
Fortunately, the Customs Service received a generous amount
of funding in fiscal year 2000 in appropriations, and in fiscal
year 2000, an emergency response supplemental specifically for
inspection technology as well as additional personnel. We're
working within the Department of Treasury and the
Administration to address the deployment of additional
technology and personnel to support our work, safeguard our
employees, and protect the integrity of legitimate shipments.
During fiscal year 2001, 175,000 cargo containers entered
the United States through Port Everglades and were required to
clear Customs. Port Everglades is the second busiest cruise
ship port in the world.
Customs Inspectors processed an estimated three million
passengers in fiscal 2001 and expect to significantly exceed
the number in fiscal year 2002 and beyond.
With the increased risk of terrorism, and the implements of
terrorism that could possibly enter through this seaport,
Customs faces many additional challenges in ensuring security
while facilitating trade, transportation, and tourism in South
Florida.
Coordination among law enforcement agencies is strong and
there is a working partnership between Federal and private
sectors. The challenge now is to ensure our ability to secure
ports while facilitating trade.
Currently, cruise ship companies are not required to submit
advanced passenger manifest data to Customs, but we look
forward to be being able to make this mandatory in order to
more effectively target and select high-risk passengers and
crew members for inspection while expediting the lower-risk
travelers.
Prior to September 11, 2001, there was no security for
gaining street access to our port, but thereafter, the National
Guard's and Broward County Sheriff's units were posted at
street entrances and are screening vehicles and passengers
entering the port area.
We believe that security could be enhanced by installing
security gates for both access and egress control and by
screening conveyances and persons existing in the area. We
believe that we have made an effective start in addressing the
security measures that need to be taken to ensure the highest
level of security in the cruise ship environment in Port
Everglades.
By working within the Treasury and the Administration, we
will confront the critical challenges that we face and
strengthen the seaport security.
I want to thank you, Mr. Chairman, for this opportunity to
testify. The U.S. Customs Service will continue to make every
effort possible working with our fellow inspection agencies,
with the Administration, with congressional leaders, and the
business community to address your concerns and those of the
American people.
I will be happy to answer any questions you may have.
[The prepared statement of Mr. Winkowski follows:]
Prepared Statement of Thomas S. Winkowski, Acting Director for Field
Operations in South Florida, U.S. Customs Service
Chairman Breaux, thank you for your invitation to testify and for
providing me the chance to appear before you today to discuss the
efforts and challenges of the U.S. Customs Service in processing cruise
vessel passengers at the port of Port Everglades, Florida.
My name is Thomas Winkowski. I am the Acting Director, Field
Operations for South Florida. In my capacity as Acting Director, I am
responsible for oversight of the inspection and control of
international passengers, conveyances, and cargo arriving and departing
through the seaports and airports in South Florida. I have oversight
responsibility for Miami, Port Everglades, West Palm Beach, Fort
Pierce, and Key West.
As a major participant in the protection and security of our
nation's borders, Customs has taken a lead role in efforts to deny
entry of the implements of terrorism into the United States. The
Customs Service enforces over 400 laws and regulations for more than 40
federal agencies. The agency is tasked with securing and protecting all
ports of entry to include air, land and sea ports.
While Customs is able to inspect only a relatively small percentage
of the massive volume of cargo entering the United States each day, we
rely on a careful, multi-layered targeting approach to select goods for
intensive examination. Our risk management strategy incorporates the
use of intelligence and advance information from shippers, the
deployment of sophisticated technologies, and the skill and expertise
of Customs personnel to sift out suspicious goods from the vast ocean
of legitimate trade before they enter the commerce of the United
States.
In addition, under the direction of Commissioner Robert Bonner, the
agency is engaging the private sector in a new Customs-trade
partnership to defend the entire length of the product supply chain
from penetration by terrorists or the implements of terrorism. And we
are undertaking new initiatives with our international partners in an
ongoing effort to expand the perimeter of inspection away from the port
of entry and towards the point of origin.
Port Everglades has acquired specialized equipment and advanced
technology to assist in the screening and searching of cargo and
commercial vessels, including VACIS (Vehicle and Cargo Inspection
System), pallet x-ray for inspecting palletized cargo, and mobile x-ray
vans, and we anticipate further technology acquisitions. Fortunately,
the Customs Service received a generous amount of funding in the FY
2002 appropriations and FY 2002 emergency response supplemental
specifically for inspection technology as well as additional personnel,
and we are working within Treasury and the Administration to address
deployment of additional technology and personnel to support our work,
safeguard our employees, and protect the integrity of legitimate
shipments.
During FY 2001, approximately 175,495 cargo containers entered the
U.S. through Port Everglades and were required to clear Customs. Port
Everglades is the second busiest cruise ship port in the world. Customs
Inspectors processed an estimated 3 million passengers in 2001 and
expect to significantly exceed that number in 2002 and beyond. With the
increased risk of terrorism and implements of terrorism that could
possibly enter through this seaport, Customs faces many additional
challenges in ensuring security while facilitating trade,
transportation, and tourism in South Florida.
Coordination among law enforcement agencies is strong, and there is
a working partnership between federal and private sectors. Our
challenge now is to enhance our ability to secure ports while
facilitating trade.
Currently, cruise ship companies are not required to submit
advanced passenger manifest data to Customs, but we look forward to
being able to make this mandatory, in order to more effectively target
and select high-risk passengers and crewmembers for inspection while
expediting the lower-risk travelers.
Prior to September 11, 2001, there was no security for gaining
street access to our port but thereafter National Guard units were
posted at street entrances and are screening vehicles and passengers
entering the port area. We believe that security could be enhanced by
installing security gates for both access and egress control and by
screening conveyances and persons exiting the area.
We believe that we have made an effective start in addressing the
security measures that need to be taken to ensure the highest level of
security in the cruise ship environment in Port Everglades. Working
with Treasury and the Administration, we will confront the critical
challenges that we face in strengthening seaport security.
I want to thank you, Mr. Chairman, for this opportunity to testify.
The U.S. Customs Service will continue to make every effort possible,
working with our fellow inspection agencies, with the Administration,
with Congressional leaders, and the business community to address your
concerns and those of the American people. I would be happy to answer
any questions you might have.
Senator Breaux. Thank you very much.
Mr. Bulger.
STATEMENT OF JOHN M. BULGER, DISTRICT DIRECTOR, MIAMI DISTRICT,
IMMIGRATION AND NATURALIZATION SERVICE
Mr. Bulger. Mr. Chairman, thank you for inviting me here
today to testify on behalf of U.S. Immigration & Naturalization
Service. I am pleased to appear here today with sister
agencies, the Coast Guard, and the U.S. Customs Service.
I would also be remiss if I did not mention the fine
cooperation that we received from State and local law
enforcement, including the Florida National Guard under the
direction of General Watson, and the Florida Department of Law
Enforcement, under Commission Moore, and particularly here in
Broward County, the Broward County Sheriff's Office, under
Sheriff Ken Jenne.
As you're well aware, the impact of the cruise ship
industry on the economy of this State is tremendous, accounting
for billions of dollars of revenue each year.
That impact is also directed toward the INS in Florida and
each year we inspect on average more than five million cruise
ship passengers at our seaports in Miami, Port Everglades, Port
Canaveral, Tampa and Jacksonville.
We are very much aware of how vitally important it is to
the traveling public and to the industry itself that INS
accomplishes its inspection missions in a timely and thorough
manner, but the number of travelers is increasing each year and
the threats to this Nation's security are now a reality.
The INS understands the need to modify the inspections
process to ensure that we're doing everything possible to
maintain the safety of the public and of our Nation's borders.
The Miami district has developed and maintains several
aggressive enforcement operations aimed at deterring illegal
alien smuggling through our ports of entry. One of our most
significant actions to date has been the establishment of
terminal inspection operations at the Miami seaport.
This initiative, developed with the cooperation between the
industry and the INS, greatly enhances our ability to deter
conventional criminal activity and to address increased
security threats that this Nation now faces.
You mentioned earlier the comparison between airport
security and seaport security. At the Miami seaport operation,
it has become the first in the United States to begin
processing cruise vessel passengers at a specifically
designated terminal based Federal inspections site.
In short, the new facilities were designed to resemble
international airport style inspection areas. This approach has
allowed us to increase our enforcement efforts as arriving
cruise ship passengers are now inspected more thoroughly by INS
personnel.
The result is a more secure Federal inspection site that is
enhancing our enforcement efforts while at the same time
facilitating travel and efforts are currently underway to
establish the same inspection process here at Port Everglades
and we expect that we will be fully operational with this
facility within 3 months.
In addition, construction of terminal style facilities is
underway at the Ports of Tampa and West Palm Beach and we
expect to be operational with terminal style inspections at
these facilities within a matter of months.
While the advantages of such a system are many, I would
like to focus on two in particular. Those being the capability
to immediately access realtime data, to enhance INS's ability
to better protect our borders, and the ability of this new
infrastructure to facilitate process procedures for the
traveling public.
As with the airport inspection process, our terminal style
inspection facilitates inspection of cruise ship passengers and
I cannot overemphasize the significance of this system.
In other words, every person leaving a cruise ship and
entering the United States is personally inspected by an
immigration inspector who has access to the same law
enforcement and security databases found at our established
facilities at airports of entry.
This occurs in what is commonly known as primary
inspection. It is at this stage when an immigration inspector
has the first two opportunities to identify, or detect known or
suspected immigration violators.
Criminals present a threat to this country's national
security.
In those instances where we do encounter passengers who
require more in-depth processing, a referral is made to what is
called secondary inspection.
At this stage of the process, the immigration inspector can
take the time needed to conduct a more thorough investigation
into a person's status, identity, intended travel plans and
ultimately the individual's admissibility into the United
States.
These terminal style inspections which are now being done
at Miami, and soon at other ports, will provide us with the
greatest opportunity to detect and interdict persons who pose a
threat.
Regrettably, cruise ships not arriving at a terminal ready
facility, the INS must board the ship and inspect on board.
This is still the most common form of inspection, but the least
desirable. There are no live data hookups for the INS that
exist on these ships, and therefore, no live queries are
possible. Rather, there are laptop computers with downloaded
data that serve as the primary source of intelligence
information and because of the inadequacies that are associated
with this procedure the INS is now examining alternative
approaches to this problem.
In the interim, one of the measures that the INS has taken
to bolster our ability with onboard inspections is the use of
automated passenger information system or APIS as it is known.
Within the Miami district, I am pleased to tell you that all of
the cruise lines are now either fully participating with APIS
or providing advanced passenger information in hard copy which
we can then check against the interagency boarder inspection
system.
The availability of advanced information enables the INS to
conduct databased checks of passengers prior to the arrival of
the cruise ships at a port of entry.
As an interim measure, pending completion of terminal
facilities here at Port Everglades, the district is conducting
what I will characterize as a hybrid form of terminal style
passenger inspection at one of the cruise ship terminals, at
Cruise Ship Terminal II, which you visited today.
Under this interim hybrid process, we are using APIS
information and any potential hits in our computer system that
are developed are then looked at very closely when those people
do, in fact, disembark the vessel and it is close in concept to
the actual terminal style inspection process. What is absent,
of course, is the secure well-equipped facility in which to
conduct the inspection.
The more efficient processing of passengers with terminal
style cruise ship inspections has resulted in an overwhelmingly
positive response from our customers, from the passengers, and
from the crews of these vessels. Disembarkation commences
immediately upon docking as opposed to passengers remaining on
a vessel for 3 to 4 hours while the inspection would be
completed on board.
This moves passengers off vessels faster and provides for
more efficient movement of ships, goods and services, all in a
highly secure and sterile environment.
In closing, let me say that with the deployment of
appropriate staffing and new technology in the seaport
inspections environment, passenger facilitation, and thorough
law enforcement, safe secure ports of entry are fully
obtainable goals.
Thank you, Mr. Chairman, for this opportunity to testify
today.
[The prepared statement of Mr. Bulger follows:]
Prepared Statement of John M. Bulger, District Director, Miami
District, Immigration and Naturalization Service
Mr. Chairman, thank you for inviting me here today to address you
on behalf of the U.S. Immigration and Naturalization Service (INS). I
am pleased to appear before you today with two of our sister agencies--
the Customs Service and the Coast Guard--to discuss port security
issues.
The Miami District Office has developed and maintained several
aggressive enforcement operations aimed at deterring illegal alien
smuggling through our ports-of-entry. One of our most significant
actions to date has been the establishment of terminal inspections
operations at the Miami seaport. This initiative, developed with
cooperation between industry and the INS, greatly enhances our ability
to deter conventional criminal activity, and to address increased
security threats this Nation now faces.
The Miami seaport has become the first in the United States to
begin processing cruise vessels at a specifically designated terminal-
based Federal inspection site. In short, the new facilities were
designed to resemble international airport-style inspection areas. This
new approach has allowed us to increase our enforcement efforts, as
arriving cruise ship passengers are now more thoroughly inspected by
INS personnel. The result is a more secure Federal inspection site that
is enhancing our enforcement efforts while at the same time
facilitating travel.
Before I discuss in greater detail our actions and accomplishments
with regard to cruiseship passenger processing and the similar efforts
underway at other INS seaports in Florida, I would like to provide you
with an overview of the Miami District Office.
MIAMI DISTRICT OVERVIEW
The Miami District is composed of five branches: Adjudications,
Investigations, Detention and Removal, Inspections, and Management. All
the branches have a specialized role in enforcing the Immigration and
Nationality Act.
Our area of responsibility consists of the entire State of Florida
and inspections pre-clearance facilities at three locations in the
Bahamas. The District is headquartered in the northern-most area of the
city of Miami. Approximately 300 of the District's 1,200 government
employees and 200 contract employees are assigned to the headquarters
complex.
The remainder of the District's employees and contractors are
assigned to three sub-offices located in Orlando, Tampa mid
Jacksonville; the pre-clearance facilities in the Bahamas; a
naturalization office in Miami; 16 ports-of-entry; a satellite office
in West Palm Beach; a service processing center; and five application
support centers in Miami-Dade, Broward and Palm Beach counties.
Our Adjudications section operates out of the main district office
in Miami and a naturalization office in downtown Miami. We also
undertake a full range of adjudication services in our offices in
Orlando, Tampa, Jacksonville and West Palm Beach. The two principle
types of applications we processed are for permanent residence status
and for citizenship.
The Investigations Division in the District staffs offices in
Miami, and sub-offices located in Jacksonville, Orlando and Tampa. The
District supports the INS interior enforcement strategy by focusing
resources in areas that provide a visible positive impact. The major
thrust of the enforcement unit focuses on the identification and
removal of incarcerated criminal aliens, and in identifying, arresting,
prosecuting and dismantling criminal organizations that traffic in
human cargo and obtain immigration benefits and documents illegally.
Additionally, the District supports specialty units such as the
Organized Crime and Drug Enforcement Task Force, Joint Terrorism Task
Force, Violent Gang Task Force and Anti-Smuggling Unit which focus on
specific enforcement activities and coordinate with other Federal,
State, and local law enforcement entities.
In fiscal year 2001, the District continued to maintain an
aggressive posture on locating and removing criminal aliens. As a
result, the Detention and Removal Operations Division removed 2,255
criminal aliens from the United States. In addition to our focus on
enforcement efforts, our success is also attributed to our active
campaign with foreign government officials to expedite the delivery of
travel documents to criminal aliens from countries such as Haiti and
Jamaica.
The Miami District has also maintained its focus on enhancing the
management and operations of the Krome Service Processing Center--our
principal detention center in the District. Efforts to more efficiently
manage that facility date back to 1996, highlighted by the then-
District Director's assessment that the continued detention at Krome of
unaccompanied minors, family units, and females, was not in the best
interest of the detainees or the Service. The District worked
aggressively to relocate unaccompanied minors, as evidenced by our
current agreement with Catholic Charities to use the Boystown facility
in Miami-Dade County. We then continued these efforts to the next level
by removing family units from the Krome facility. Today, family units
are held in more appropriate conditions of detention at a local hotel.
In December 2000, we completed another phase of this effort by
permanently relocating the Krome female detainee population to the
Turner-Guilford-Knight (TGK) Correctional Center in Miami.
PASSENGER PROCESSING
A significant aspect of our mission, and one that is certainly
evident within the Mi, District Office, is that of screening and
processing applicants for admission to this country. The Inspections
Division of the District is responsible for 16 international ports-of-
entry throughout the State of Florida and the Bahamas, including the
two largest cruiseship terminal operations in the world, those being
the Ports of Miami and Ft. Lauderdale. Total international passenger
counts have increased by approximately 4 percent in each of the last
four fiscal years. In fiscal year 2001, District staff inspected
5,442,668 passengers that arrived on 13,455 passenger ships and cargo
vessels at District seaports.
As I mentioned at the beginning of my remarks, the Miami Seaport
has become the first in the United States to begin processing cruise
vessels at a specifically designated terminal-based Federal Inspection
Site. I would like now to discuss in greater detail our view of the
passenger processing environments at Florida seaports.
I mentioned earlier in my testimony that the Ports of Miami and
Everglades are home to some of the largest cruiseship operations in the
world. As you are well aware, the impact of the cruiseship industry on
the economy of this State is tremendous, accounting for billions of
dollars of revenue each year. That impact is also directed toward the
INS in Florida, as each year we inspect, on average, more than five
million cruiseship passengers at our seaports in Miami, Port
Everglades, Cape Canaveral, Tampa and Jacksonville. We are very much
aware of how vitally important it is to the traveling public and the
industry itself that the INS accomplish its Inspections mission in a
timely and thorough manner. With the number of travelers increasing
each year, and the threats to this Nation's security that are now a
reality, the INS understands the need to modify the inspections process
to ensure that we are doing everything possible to maintain the safety
of the public and of our Nations borders.
I am extremely pleased to say that through the efforts of this
District, our Eastern Regional Office, and INS Headquarters, and
certainly with the cooperation and energy of the cruiseship companies
themselves, we have implemented at the Port of Miami the same
inspection process the INS uses at all air ports-of-entry in the United
States. Efforts are currently underway to establish the same inspection
process here at Port Everglades. We expect that we will be fully
operational with this facility within 3 months. In addition,
construction of terminal-style facilities is underway at the Ports of
Tampa and West Palm Beach. We expect to be operational with terminal-
style inspections at those two facilities in a matter of months. While
the advantages of such a system are many, I would like to focus on two
in particular: those being the capability to immediately access real-
time data to enhance the INS' ability to better protect our borders;
and the ability of this new infrastructure to facilitate procedures for
the traveling public.
As with airport inspection processes, our terminal-style inspection
process at the Port of Miami facilitates the inspection of cruiseship
passengers. I cannot overemphasize the significance of this system. In
other words, every person leaving a cnuseship and entering the United
States is personally inspected by an Immigration Inspector who has
access to the same law enforcement and security databases found at our
established facilities at air ports of entry. This occurs at what is
commonly referred to as ``primary inspection.'' It is at this stage
where an Immigration Inspector has the first true opportunity to
identify or detect known or suspected immigration law violators,
criminals, and certainly, those who could present a threat to this
country's national security. In those instances where we do encounter
passengers who require more in-depth processing, a referral is made to
what is called ``secondary inspection.'' At this stage of inspection,
an Immigration Inspector can take the needed time to conduct a more
thorough investigation into a person's status, identity, intended
travel plans, and ultimately, the individual's admissibility to the
United States. These terminal-style inspections which are now being
done at the Port of Miami, and soon at the other ports I mentioned,
provide us with the greatest opportunity to detect and interdict
persons who pose a threat to this country.
Regrettably, for cruise ships not arriving at a terminal-ready
facility, INS must board the cruise ship and inspect onboard. This is
still the most common form of inspection, but the least desirable. No
live data hook-ups for INS exists on these ships, therefore no live
queries are possible. Rather, laptop computers with downloaded data
serve as the primary source of information. Because of the inadequacies
associated with this procedure, INS is now examining alternative
approaches to this problem.
In the interim, one of the measures the INS has taken to bolster
our abilities with onboard inspections is the use of the Automated
Passenger Information System, or APIS as it is known. Within the Miami
District, I am pleased to tell you that all cruise lines are now fully
participating with us in the advance presentation of passenger manifest
information. The availability of Advance Passenger Information enables
the INS to conduct database checks of passengers prior to the arrival
of a cruise ship at a port of entry.
Also as an interim measure, pending the completion of the terminal
facility here at Port Everglades, the District is conducting what I
will characterize as a hybrid form of terminal-style passenger
processing at one of the cruiseship terminals. Under this interim
hybrid process, we are using the APIS information and any potential
``hits'' we develop from our advance database inquiries, to conduct
dockside inspections of passengers as they disembark a vessel. It is
close, in concept, to the actual terminal-style inspection process.
What is absent of course, is the secure, well-equipped facility in
which to conduct the inspection.
The more efficient processing of passengers with terminal style
cruiseship inspections has resulted in an overwhelmingly positive
response from our customers, the passengers and crew of these ships.
Disembarkation commences immediately upon docking as opposed to
passenger remaining onboard for 3 to 4 hours while inspections are
completed. This moves passenger off vessels faster, and provides for
more efficient movement of ships' goods and services, all in a highly
secure and sterile environment.
In closing, let me say that with the deployment of appropriate
staffing and new technology in the seaport inspections environment,
passenger facilitation, thorough law enforcement, and safe, secure
ports-of-entry are fully attainable goals. Thank you for the
opportunity to testify today.
Senator Breaux. Thank you very much, Mr. Bulger.
Next is Anthony Zagami.
STATEMENT OF ANTHONY ZAGAMI, PRESIDENT AND CEO
OF SECURITY IDENTIFICATION SYSTEMS CORPORATION (SISCO)
Mr. Zagami. Thank you, Senator Breaux and Congressman Shaw.
I am pleased to appear before the Subcommittee today to discuss
access control and accountability technology to the ports and
passenger vessels.
My name is Anthony Zagami and I am the president and CEO of
Security Identifications Systems Corporation.
The tragic events of September 11th have changed the way
most Americans think about security in the transportation
industry.
However, even before the catastrophic events, SISCO had
identified vulnerabilities in controlling access to the
maritime sector of our critical infrastructure.
U.S. law enforcement agencies, as well as the passenger
cruise industry have always been an abiding concern over who
was boarding vessels, but did not have an efficient, reliable,
cost-effective method of access control and accountability.
In 1995, SISCO developed a high-speed access control
accountability system just for this purpose providing a
security system that delivers greater protection for cruise
ships and that's found in many of the other transportation
industries including the airlines.
The system's grand name is A-PASS, for automated personnel
assisted security screening, was so successful that it is being
used by every major carrier including Carnival, Princess, Royal
Caribbean and Celebrity Cruise Lines.
A-PASS employs an ID card issued to passengers, crew,
vendors, or visitors. At the vessel embarkation point, a card,
which resembles a credit card, allows the holder to access the
ship by means of embedded technology.
The system captures a color photograph of the visitor in
digital format and correlates this to the ship's authorized
database and displays it on a monitor at the ship's access
control station.
The guest simply inserts their card into a card reader
every time they enter or leave the ship. The entire display,
and the verifica-
tion process, takes less than 1 second from the time the card
is entered into the reader.
The system creates a realtime audit trail of passengers,
crew, vendors, and business aboard the ship at any point in
time. Authorized personnel and law enforcement personnel can
view an individual's activity record along with a full colored
photograph to identify and verify their identity.
The system is preprogrammed to electronically provide
SOLAS, or safety of life at sea, approved reporting on
passengers and crew prior to the ship's departure.
A-PASS can provide tailored reporting along with specific
passenger activity logs to U.S. Customs, Immigration, and other
law enforcement facilities and agencies in support of their
investigative requirements.
Since its creation, A-PASS has been a critical law
enforcement tool in numerous criminal investigations. The same
proven cost-effective technology is representative of proactive
industry initiative that is applicable beyond the market for
which it was first developed.
This technology is readily available for other segments of
the transportation industry such as airlines and would create a
mechanism for tracking and seamlessly transferring of
information to law enforcement agencies for homeland defense.
Terrorists and other criminals rely on concealment and
their ability to obscure identities and movement to achieve
their objectives.
Systems such as A-PASS, and mobile FAST PASS, are effective
tools in eliminating the cover of concealment and covering the
threats of both passenger and crew and support the
infrastructure to the U.S. marine community.
One of the other areas of government and industry that must
come together is information sharing. We have the technology to
be able to work with government as far as the commercial
industry goes and being able to manage and merge these
technologies together and to be able to provide an
infrastructure across the board will help all the agencies as
well as the commercial enterprises.
I thank you for your indulgence today and I thank you for
allowing me to testify before the committee.
[The prepared statement of Mr. Zagami follows:]
Prepared Statement of Anthony Zagami, President and CEO of Security
Identification Systems Corporation (SISCO)
Mr. Chairman, my name is Anthony Zagami, and I am the President and
CEO of Security Identification Systems Corporation (SISCO). I am
pleased to appear before the Subcommittee today to discuss access
control and accountability technology for ports and passenger vessels.
The tragic events of September 11 have changed the way most
Americans think about security in the transportation industry. However,
even before this catastrophic event, SISCO had identified
vulnerabilities in controlling access to the maritime sector of our
critical national infrastructure. US law enforcement agencies, as well
as the passenger cruise industry, have always had an-abiding concern
over who was boarding vessels, but did not have an efficient, reliable,
cost-effective method of access control and accountability.
In 1995, SISCO developed a high-speed access control and
accountability system for just this purpose, providing a security
system that delivers greater protection for cruise ships than is found
in any of the transportation industry, including airlines. The system,
brand named A-PASS (Automated Personnel Assisted Security Screening)
was so successful that it is being used by every major passenger
carrier, including Carnival, Princess, Royal Caribbean and Celebrity
Cruise Lines.
A-PASS employs an ID card issued to passengers, crew, vendors or
visitors, at the vessel embarkation point. The card, which resembles a
credit card, allows the holder access to the ship by means of embedded
technology. This technology captures a color photograph of the visitor
in digital format, correlates it to the ship's authorized visitor
database, and displays it on a monitor at the ship's access control
station. The guest simply inserts their card into a card reader every
time they enter or leave the ship. The entire display and verification
process takes less than one second from the time the card is entered
into the reader.
The system creates a real-time audit trail of passengers, crew,
vendors and visitors onboard the ship at any point in time. Authorized
personnel and law enforcement personnel can view an individual's
activity record, along with a full color photograph to identify or
verify their identity. The system is pre-programmed to electronically
provide SOLAS (Safety Of Life At Sea) approved reporting on passengers
and crew prior to the ship's departure. A-Pass can also provide
tailored reporting, along with specific passenger activity logs to U.S.
Customs, Immigration, or other law enforcement agencies in support of
their investigative requirements. Since it's creation A-PASS has been a
critical law enforcement tool in numerous criminal investigations.
This same proven, cost-effective technology is representative of a
proactive industry initiative that is applicable beyond the market for
which it was first developed. This technology is readily adaptable for
other segments of the transportation industry, such as the airlines,
and would create a mechanism for the tracking and seamless transfer of
information to law enforcement agencies for Homeland Defense.
Terrorists, and other criminals, rely on concealment and their
ability to obscure their identities and movement to achieve their
objectives. Systems such as A-PASS, and the mobile FAST-PASS, are
effective tools to eliminating their cover of concealment, and counter
the threat to the passengers, crew, and support infrastructure to the
US maritime community.
Senator Breaux. Thank you, Mr. Zagami. We thank you all
very much and we thank all the members of the panel.
Let me start, Admiral, with you. It seems to me, and again,
I think I said it earlier, as an amateur just observing, the
biggest threat to some of the large vessels is the type of
threat that we had with the U.S. Cole when a small vessel had
pulled alongside loaded with high-level explosives and blew a
hole in a military naval vessel.
If that's a correct assumption, what is the Coast Guard
doing in working with the ports to ensure the security of these
vessels when they are, in fact, in port and not?
Rear Admiral Carmichael. Yes, sir. Mr. Chairman, we have
established security zones under current authority to establish
exclusionary areas around the cruise ships while they're docked
and those exclusionaries are patrolled.
We do not patrol those solely with Coast Guard resources,
but we have partnered with both the local and State law
enforcement community to provide that necessary presence to be
able to intercept any vessels that would otherwise have some
other motive to approach such a vessel.
Senator Breaux. Let's assume, for the sake of argument,
that I were to load up a go fast boat tonight on one of the
islands right off this coast with high-level explosives and
arrive off the outer marker off Port Everglades, and my intent
was to come right down that channel and then pull alongside the
QE II--which I imagine leaves at 5 o'clock so it will not be
here--but assuming she's still docked here, and my job was to
pull up to that vessel maybe a 45-foot vessel, that's totally
loaded with explosives, and then pull up alongside the QE II
while on a suicide mission, and just detonate it, what stops,
hopefully, me, or anyone else from being able to accomplish
that?
Rear Admiral Carmichael. Sir, we would just hope that we
would have some intelligence so that one could address that
threat farther away once it got into the port.
We are working to improve that intelligence picture of what
we would call the maritime domain awareness picture with
greater surveillance offshore and greater intelligence overseas
and try to push the boarder out as far as we could to address
that threat.
If we didn't have the intelligence to address it far off
our coast, and it did get inside the port, then it would be the
responsibility of those law enforcement resources that are
patrolling the security zone that has been established outside
the pier where the QE II is currently docked.
Senator Breaux. If that vessel is coming over from the
islands, would it be tracked at any point when it entered the
channel? You don't have a control system?
Rear Admiral Carmichael. No, sir, we do not have a vessel
control system, a radar system here that tracks incoming
vessels at this particular port.
Senator Breaux. Not to be an alarmist, but I could really
take that boat from Bimini and hit the outer marker and just
keep right on coming in and go right into the side of the QE
II.
Rear Admiral Carmichael. Sir, I think the awareness of that
particular scenario is very high with the law enforcement folks
who are on our platforms out there. They are alert to that and
I think they can do whatever they needed to do to stop that
from happening.
Senator Breaux. Do they have the fire power if that vessel
just decided to keep coming right on in through your perimeter
and to pull alongside a vessel to stop it?
Rear Admiral Carmichael. Sir, they carry weapons, and I
suppose in the scheme of risk assessment it's an issue that
needs to be analyzed with whether we have all the tools that
are necessary on board the platforms right to stop that.
Senator Breaux. I noticed that you had alongside the QE II
one of their lifeboats basically that is stationed out there?
Rear Admiral Carmichael. Yes, sir.
Senator Breaux. I take it that it's unarmed?
Rear Admiral Carmichael. It is unarmed, yes, sir.
Senator Breaux. I saw two sheriff's boats, center console,
20-foot category type of a vessel. Are they armed?
Rear Admiral Carmichael. Yes, sir, they are.
Senator Breaux. With what?
Rear Admiral Carmichael. Side arms, I believe, sir.
Senator Breaux. Hand guns?
Rear Admiral Carmichael. Yes, sir.
Senator Breaux. How many Coast Guard small vessels are
patrolling that perimeter?
Rear Admiral Carmichael. Sir, we have several vessels that
are stationed at Station Fort Lauderdale, that from time to
time, share responsibility for patrolling.
At any one time we have vessels out there on a 24-hour
basis that are patrolling the security zone. It is not
necessarily just Coast Guard, but it's a shared operation, a
coordinated operation with the other law enforcement folks in
the area.
Senator Breaux. Are you comfortable with the ability of the
system that we have set up now to permit that type of attack on
a vessel in port?
Rear Admiral Carmichael. Sir, we reduced the vulnerability
in the vulnerability context in which we are currently working.
If we had a specified threat, I think we would put more
resources out there to try to address it if we knew that there
was specifically something coming, but the vulnerability has
been reduced by the presence, sir.
Senator Breaux. I congratulate you and Customs for the
recent drug bust on the Miami River which I think occurred just
yesterday.
You talked about preliminary information. Obviously, that
had a major factor in finding out what that ship had or did
have on it and we congratulate you for that.
Obviously, that has to be one of the ways of preventing
those types of attacks is the preliminary information that one
is being planned.
You have a unique situation in this port as far as the
access to the high seas that's right there. They don't have a
lot of steps to stop the traffic before it gets right into the
middle of the port.
Rear Admiral Carmichael. Yes, sir.
Senator Breaux. Mr. Winkowski, Mr. Bulger, both Congressman
Clay Shaw and I were merging your two agencies a few minutes
ago.
I'm not sure what kind of reaction we will get from the
heads of those agencies, but I can only imagine what I could
get.
But is there enough cooperation, and sharing of
information, or is there anything, Mr. Bulger, in your
operation that the Coast Guard has that you cannot get that you
would like?
Mr. Winkowski, is there any information that Mr. Bulger
has, or that Admiral Carmichael has that you would like to
have, that you don't have, or is there any information that any
of you three gentlemen has that the other does not have that
you would like to have that you do not have access to?
Mr. Winkowski. It's been my experience, Senator, that the
relationship between the Customs Service and INS and the Coast
Guard is outstanding.
I know, as a Port Director here at Miami International
Airport, that regularly recurring meetings took place between
myself and the INS Port Director sharing intelligence, sharing
of information, the APIS system, the Advanced Passenger
Information System, is a system that is shared amongst
Immigration and certainly, obviously, the Customs Service.
My strong sense is, as the Acting Director of Field
Operation, and I have been in the position 4 days, that our
relationship with the Coast Guard is outstanding and there's a
lot of back and forth information and new strategies and better
ways of conducting the business that we do.
Senator Breaux. Is there any information that Mr. Bulger
has that you suspect that you would like to have that you don't
get?
Mr. Winkowski. No.
Senator Breaux. Mr. Bulger.
Mr. Bulger. No. The bulk of the information that we have
that is of value to both of our agencies is contained in that
interagency boarder inspection system along with the State
Department information and has been online for a good many
years now and serves as a real foundation for our cooperation
between the two agencies.
The other thing that I would point out here, and throughout
Florida, and particularly in South Florida, the cooperation
that exists among all the Federal agencies, as well as State
and local law enforcement, is something that is truly
remarkable.
There are a number of task forces that are in place now and
most recently the Governor's office has established seven zones
of deterrence for anti-terrorism.
The local version of that, which incorporates State, local
and Federal law enforcement, is under the direction of both the
U.S. attorney, and the chair here is the Sheriff of Broward
County, Ken Jenne, and that serves as a real clearinghouse for
information and a formal mechanism for the kind of intelligence
information sharing that's so necessary to combat terrorist
activity.
Senator Breaux. That is one of the real problems where at
any time in an operation we have got so many divisions of
government involved and some of them are not even here.
The FBI is not here. They have to be involved in terrorist
threats. We have got the CIA for international terrorism and
they have got information and the FBI has information.
In the past, they haven't shared it very well and that has
created a problem. The Coast Guard is involved in this and we
have got other military institutions involved.
We have Customs. We have Immigration. We have got so many
different parts of our government that are involved in this and
the problem is the cooperation and the coordination between the
various agencies within our own government.
That is why I always go back to the point, ``When
everybody's in charge, nobody's in charge.'' We have got to
make sure that there is a great deal of cooperation, otherwise
you may know a little bit, or you all don't know as much as he
knows, and he knows more than what you know and everybody will
be put to a real disadvantage. That is a hard thing to
accomplish.
I don't want you all to have meetings to the point where
you get tired of having meetings, but you have to have shared
cooperation in all of this.
Mr. Bulger. Certainly, if I may, Senator, our experience
here since September 11th, particularly with the Joint
Terrorism Task Force, which includes assets from a variety of
agencies headquartered at FBI Headquarters here, that has been
a real keystone, I believe, in our efforts.
For example, when we encounter someone at one of our
airports, or seaports, who appears to be of interest, or may
have some ties, or leanings toward certain terrorist groups, we
get immediate response from our special agents assigned to that
Joint Terrorist Task Force as well as FBI personnel whom are
assigned to that.
Senator Breaux. Mr. Zagami, I have two points to raise with
you. No. 1, the private security forces have gotten an
incredible amount of criticism in how they have done
inspections in the airports on the airport's security, and you
know probably better than I what people have argued as to why
it wasn't working.
What does your company do to ensure that those criticisms
that we heard about with private inspectors in the airline
security operations is not applied to the inspections that you
do at ports here in Port Everglades?
Mr. Zagami. One of the areas that we have concentrated on
is, very high-speed identification and credentializing is an
important factor in people going on and off vessels as well as
airlines.
The systems that we have developed, and the technology that
we know of has augmented the human process to eliminate the
necessity for someone to go back into the system and look at
credentialing again and again, and if proof positive, every
time someone boards a vessel, or enters or exits a ship, their
identity is being tracked.
They are both time and date stamped and they are following
a pattern that inspection people can readily rely on and go
back to and look at it for investigative purposes and for
checkpoint security.
Senator Breaux. The system that we saw this afternoon was
excellent. It showed who was on board and it showed when they
come back on or if they came back on, but what about inspecting
all of that luggage that goes on board?
Mr. Zagami. The next step highly relies on x-ray equipment
and physical inspection and what's available out there in the
training of operators. Those are the big issues at the airlines
and I guess the cruise lines are also facing.
The critical issue is inspection personnel to know what
they are looking at.
The equipment will go so far and give you what the
parameters are, but the human element involved in identifying
what it is, whether it's contraband, explosives, or some type
of biological type of application, is identified readily by the
individual.
Senator Breaux. For instance, if it was loading 10,000
pieces of luggage this afternoon, how long does an operator sit
in front of that machine looking at it?
Mr. Zagami. Quite a long time. There's a long time involved
and it probably shouldn't be more than 2 hours at a clip
because you will get----
Senator Breaux. Because I would go to sleep after 30
minutes.
Mr. Zagami. Yes. It's a laborious process, so some things
can get missed.
Senator Breaux. Is it a legitimate concern if an operator
stares at that machine for 2 hours, because after an hour, I
probably wouldn't know what kind of bag it is or I probably
wouldn't even care.
Mr. Zagami. I definitely think it's a concern. I think, as
for the operations part of it, people have to be recirculated
through the process periodically because otherwise you're going
to have the syndrome of being hired and that will creep into
the process and you're going to miss things.
It's a natural process with human beings. As you go through
a route of entry, there's a period of time where you're alert
and then it drops off to a period of non-alertness, and then
things start to skip. Plus, there are a lot of distractionary
measures that come into play. There's the design and
configuration of x-ray machines and where they are placed right
now are relative to the geometry of the facilities.
In the future you're going to see much more restrictive
areas, and much less distraction and people will have more
procedural effects on what to look for, and how to look for it.
The equipment itself will start to allow algorithms that
will also pinpoint some targets right away so that the human
element can relax a little bit and concentrate on the bulk of
the transition that's going through the system.
Senator Breaux. Congressman Shaw.
Mr. Shaw. A thought just occurred to me while we're sitting
here, and particularly as Senator Breaux was questioning the
vulnerability of the ships with respect to some unanticipated
fast boat coming in that's loaded with high explosives and I
think it would be very very difficult to stop that type of
vessel from doing some real damage.
My question is: Have you all thought or have you considered
some submerged netting connected to buoys to keep people out of
those areas and to restrict them at some point from their
coming into that area at least while the current threat is
going on?
Rear Admiral Carmichael. Sir, I believe that there's some
of that being used in some navy ports around some navy vessels.
We haven't considered purchasing that for this security zone in
this port yet, but that's a good suggestion.
Senator Breaux. Thank you.
Mr. Shaw. We have had a very good hearing and we are very
appreciative of you spending your time with us to come down
here to Port Everglades.
Senator Breaux. It is always a pleasure to spend any time
in January in South Florida.
This is important. We have hearings tomorrow in New Orleans
and the day after tomorrow in Houston and we will be listening
to important people just like you and we're all trying to make
sure what we're doing back in Washington is working with you.
We are all on the same team here. We all need to work
together. We are not being critical, and in fact, many of the
things that we observed here deserves high praise from people
in other ports to recognize that you have been a leader in many
areas, and you ought to be commended for that, the cruise
industry in particular, as well as port officials and our
Federal officials.
It has been very helpful and we thank everyone who has
helped us to put this hearing together, who stay here in this
area, you have been so helpful and so productive.
Mr. Shaw. Next time get a better schedule so you can stay
with us.
Senator Breaux. With that, that concludes the Subcommittee
hearing.
[Whereupon, the Subcommittee adjourned.]