Testimony
of Gary M. Bald,
Acting Assistant Director, Counterterrorism Division, FBI
Before the Senate Judiciary Committee, Subcommittee on Terrorism, Technology,
and Homeland Security
January 27, 2004
"Covering
the Waterfront - A Review of Seaport Security Since September 11, 2001"
Good
morning Chairman Kyl, Senator Feinstein
and members of the Committee, thank you
for inviting me here today to speak to
you on the topic of seaport security
and the FBI's partnership with the Department
of Homeland Security, United States Coast
Guard, and local port authorities.
Recognizing
the profound new threat that the events
of September 11 represented to national
security, the President directed the
FBI to make prevention of terrorist attacks
its number one priority. This is in keeping
with the President's strategy to defeat,
deny, diminish, and defend against terrorism.
Failure is simply not an option. In President
Bush's address at FBI Headquarters, he
re-emphasized to all FBI employees that "the
FBI has no greater priority than preventing
terrorist acts against America." Since
the attacks of September 11, 2001, the
FBI has embraced this challenge and transformed
itself to address the current threat
facing this country. As part of a major
reorganization, the FBI restructured
its approach to counterterrorism to enhance
analysis and information-sharing. Improved
analysis and operational capabilities
combined with increased cooperation and
integration have enhanced the FBI's ability
to investigate and prevent acts of terrorism.
This is especially true as we address
the complex issue of security in our
nation's many seaports.
Complexities
and Vulnerabilities of Ports
The Maritime Transportation Security Act of 2002 (MTSA 2002), signed on November
25, 2002, by President Bush, is a landmark piece of legislation that is designed
to protect the nation's ports and waterways from a terrorist attack. The
MTSA 2002 significantly strengthens and standardizes the security measures
of our domestic port security team of federal, state, local and private authorities.
The MTSA 2002 requires the establishment of maritime security committees,
and security plans for facilities and vessels that may be involved in a transportation
security incident, among its many measures. Port Security Committees had
already been informally established around the country after the terrorist
attacks of September 11, 2001 and the new regulations officially established
Area Maritime Security Committees that address the complex and diverse security
needs of each of the nation's 361 ports. Area Maritime Security Committees
are made up of other federal, state and local agencies, industry and others,
to assess the specific vulnerabilities in each port and develop plans for
security requirements within the port areas. The FBI is a full participant
in these committees. In addition, the International Maritime Organization
now requires all ships and port facilities to have security plans, making
a new worldwide standard.
The
port system of the United States is the
most extensive and complex port system
in the world and, as such, it is a national
asset. While no two ports in the United
States are exactly alike, many have shared
characteristics; such as being close
to major metropolitan areas, containing
fuel farms, and having major roadways
running into and out of the port area.
Ports not only affect the state in which
they are located, but also impact neighboring
states that depend on the ports for foreign
trade. The United States' economy depends
on the free flow of goods through these
waterways, but with the free flow of
goods comes the inherent risk of terrorist
attacks. Ports, because of their accessability
to both water and land, together with
the chemical and natural resource storage
facilities that are often located within
close proximity, are inherently vulnerable.
Ports
have historically been vulnerable to
a variety of smuggling ventures, from
the drug trade and alien smuggling, to
cargo thefts and weapons smuggling. The
terrorist organizations we now face have
learned from these traditional smuggling
operations, and are looking for any holes
in the port security system to exploit.
Access into and around United States
port facilities is difficult to secure,
without closing access to legitimate
business and recreational port traffic.
Multi
Jurisdictional Approach to the Security
of Seaports
While the federal government has jurisdiction over navigable waters, as well
as the interstate commerce and foreign trade at our nation's ports, local
port authorities are the primary regulators of the ports' day-to-day operations.
Legislation passed since the tragedy of September 11, 2001, has significantly
increased the security requirements at port facilities. The Department of
Homeland Security, through the United States Coast Guard, has overall federal
responsibility for seaport security. The Department of Homeland Security
is currently working to screen more shipping containers both entering and
exiting the United States and assisting state and local authorities in implementing
security plans for their ports. The Federal Bureau of Investigation works
in conjunction with the Department of Homeland Security towards a coordinated
response to the security concerns of the port authorities, primarily through
participation in the National Joint Terrorism Task Force (NJTTF), which is
located in the Strategic Information and Operations Center (SIOC) at FBI
Headquarters. In addition to the NJTTF, the FBI has assigned Supervisory
Special Agents, full-time, to the Department of Homeland Security to assure
a timely and effective response to any crisis that may arise. Also, the FBI
continues to manage Joint Terrorism Task Forces (JTTFs) in each of our 56
field offices throughout the United States. Within these JTTFs, critical
security information is exchanged on a daily basis, as representatives of
the participating federal agencies work side-by-side with their counterparts
in the local law enforcement community to ensure that sea ports and other
national assets are safely guarded.
One
significant challenge is the limited
amount of funding and resources available
to the state and local agencies, including
the port authorities to address the many
issues involved in securing our ports
from terrorist attacks. We have attempted
to address this challenge by pooling
our resources.
Prior
to my current position, I served as the
head of the FBI's Baltimore Field Office,
and I can personally attest to the importance
of these interagency partnerships. Prior
to the 9/11 attacks, the Baltimore office
established a maritime team to provide
proactive and reactive maritime responses
in support of the counterterrorism program
and the JTTF. The primary goal was to
enhance the ability to respond either
overtly or covertly, to maritime incidents,
special events and other events that
affected law enforcement. After 9/11,
the Baltimore office joined a partnership
that existed between the USCG and the
City of Baltimore. This partnership was
subsequently named the Maryland Maritime
Security Group (MMSG), and has grown
in both other agency participation (for
example, the US Navy, US Army Corps of
Engineers, Bureau of Immigration and
Customs Enforcement, Maryland State Police,
Department of Natural Resources, Transportation
Authority Police, Maryland Emergency
Management Agency, Baltimore City Police
and Fire Departments, local area county
Police Departments, the Maryland Port
Authority, Maryland Pilot Association
and the Calvert Cliffs Nuclear Power
Plant) and to include a state-wide focus.
The MMSG is co-chaired by the USCG and
the FBI and the members meet often to
identify and share resources, exchange
intelligence and jointly develop and
implement maritime strategies to combat
terrorism.
Every
FBI office that has a seaport in its
territory participates, through the JTTFs,
in similar information sharing initiatives
and counterterrorism/security working
groups. Currently these types of maritime
working groups have been formed in Los
Angeles, Tampa, Boston, Baltimore, Houston,
New York and Miami, to name just a few.
The
Tampa Division of the FBI has been a
participant in the Tampa Bay Port Security
Working Group, led by the United States
Coast Guard, since it was established
in April 2000. The FBI regularly participates
in the Port Security Working Group meetings
and heads the Terrorism Sub-Committee.
The FBI's role in these committees is
to provide threat analysis and to disseminate
intelligence that affects+ safe operation
of the port facilities. Somewhat unique
to this forum is the integration of private
industry and Fire/Hazmat chiefs of both
the City of Tampa and Hillsborough County
as members of the FBI's Joint Terrorism
Task Force.
The Miami Division of the FBI has been
actively participating in the Area
Maritime Security Committee and holds a seat on the Executive Steering
Committee. This committee is a United States Coast Guard initiative,
which brings together members of the law enforcement community with
executives of the various maritime
industries. One of the pilot projects
being worked
on by the Miami Joint Terrorism Task Force is the "Manning Agency
Screening Initiative" which provides limited database checks on
the agencies providing the staff members to cruise lines operating globally.
At present the "manning agencies" providing the staff for
the various cruise lines are not screened by any United States law
enforcement
agency and are merely licensed to do business in their respective
countries.
In
Los Angeles, the Area Maritime Security
(AMS) Committee is scheduled to begin
on Feb. 6, 2004. This new Committee is
being established in response to the
MTSA 2002 and will continue the positive
and aggressive steps taken over the last
two and a half years by all prior committees.
The AMS committee will be chaired by
the Captain of the Port, with the close
involvement and leadership of the FBI
JTTF Supervisor. It will be composed
of approximately 12 voting members, each
carrying a responsibility as Chair of
one of the 12 subcommittees. The AMS
committee, patterned around the widely
accepted and existing Unified Command
and Incident Command Systems (ICS), will
meet to proactively address Port Security
needs and concerns. The AMS will incorporate
voices from private industry, labor,
law enforcement, intelligence, emergency,
medical, and fire assets. The AMS will
subsume existing committees now operating
within the Port community, to include:
Port
Security Committee (PSC), (began in
June, 2001)
Mayor's Task Force on Terrorism (began October, 2001)
Port Readiness Committee (used for military offloads and outloads)
Marine Transportation System (MTS)
Harbor Safety Committee (Los Angeles/Long Beach)
Harbor Safety Committee (Port Hueneme)
Beginning
with the founding of the Port Security
Committee in June, 2001, the FBI has
been a main player in these committees
and has filled a leadership role among
the many agencies that make up the port
community of Port of Los Angeles/Long
Beach.
In
addition to the Area Maritime Security
Committees, "Operation Drydock",
which was formally begun in January 2003,
is a United States Coast Guard initiative,
being pursued in cooperation with the
FBI's NJTTF, to identify, classify, prioritize,
and appropriately respond to national
security concerns. As part of this effort, "Operation
Drydock" is conducting a comprehensive
review of more than 200,000 United States
merchant mariners. To date, eleven individuals
possessing United States Coast Guard
issued merchant mariner documents have
been identified as having a nexus to
terrorism matters. All of these merchant
mariners have been placed on the "No
Fly" and "Watchlist" maintained
at the Terrorist Screening Center
(TSC). An additional 700 mariners
have been
identified as having issues related
to law enforcement and maritime concerns.
There are approximately 15,000 records
left to be examined in this project.
On
a related front, the FBI, working together
with members of the cruise industry, has
established a protocol for domestic cruise
lines to electronically
send all passenger and crew manifests to the Terrorist Screening Center
six hours prior to departure. The Terrorist Screening Center enables
the cruise line manifests to be run against a single terrorism database,
instead of the numerous lists housed within a variety of government
agencies. The FBI is also working towards
establishing a permanent Maritime Liaison
Agent (MLA) in each of its offices with significant port activity.
The
MLA position would streamline the flow of information coming from,
and going to, the various ports around the
country, with one consistent point
of contact identified.
Conclusion
The
institution of new security regulations
and the cooperative approach to port
security between the United States
Coast Guard and the Joint Terrorism Task
Forces
have greatly enhanced maritime security
in the United States. While port
security may never be guaranteed due to
the sheer
size of the facilities and the areas
they cover, the FBI, and our partner
agencies, are striving to provide
the most secure port facilities in the
world.
The
FBI continues to pursue an aggressive,
proactive response to meet the challenges
of terrorism. We remain committed to
identifying and disrupting terrorist
activities particularly within the United
States port system. I want to emphasize
to you, this issue has the full attention
of Director Mueller and the FBI. I appreciate
the interest of the Committee in this
matter, and I look forward to working
with you in the future. Thank you for
the invitation to speak to you today,
I am prepared to answer your questions.
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