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Far-reaching $5 billion bill sponsored by Californians Lundgren and Harman

WASHINGTON, DC - 05/08/06 - The House of Representatives has passed a bill that authorizes $5 billion to be spent over six years to be spent on beefing-up cargo security measures at US ports.

The legislation - HR 4954, or the SAFE Port Act - passed the House by a vote of 421-2 and would require equipment at 22 major US ports to detect nuclear and radiological weapons, but would not require inspection of all US-bound cargo at foreign ports - a provision proposed by some Democrat House members, but opposed by a number of US business groups.

Among the many provisions in the bill, the Department of Homeland Security (DHS) is required to implement an automated container tracking system by April 2007 and complete a timeline for deployment of nuclear and radiological detection systems at all US ports.

The bill contains several other provisions, including a deadline for requiring a biometrically enhanced identification card for anyone entering a US port and a requirement that the department develop plans for restoring commerce after a port disaster.

It would also require the DHS to evaluate technology for scanning and sealing cargo at foreign ports before shipment to the US.

Deployment at foreign ports of an effective, commercially available technology would then have to be negotiated with foreign governments. 

The bill would also authorize the agency to refuse cargo from ports in any country that declines to cooperate.

Missing from the House bill is an amendment sponsored by Democrats that would have required scanning and sealing of all cargo containers at foreign ports before entering US ports - within three years for large ports, five years for all others.

House Republican leaders declined to allow a direct vote on the amendment.

During floor consideration of the bill, a motion to recommit containing language mandating the screening of all cargo containers entering into the US was defeated 202-222.

The bill also contains provisions to enhance two international screening programs: the Container Security Initiative (CSI), and the Customs-Trade Partnership Against
Terrorism (C-TPAT) program.

HR 4954 was introduced by two House members from California - Republican Dan Lungren (R-California), chairman of the House Subcommittee on Economic Security, Infrastructure Protection and Cybersecurity, and Democrat Jane Harman.

The SAFE Port Act "will improve the safety of the American people and the security of our global supply chain by extending our borders out and strategically focusing our resources," said Lungren.

SAFE Port "ensures our shores are our last line of defense, not our first by creating multi-layered maritime security and dedicating the resources necessary to identify suspect cargo and individuals," he said.

With its approval late last week, Lungren praised the efforts of both parties to pass legislation that he called "a bipartisan bill introduced to make a law, rather than a political statement."

When the bill was introduced, Harman - the top ranking Democrat on the House Intelligence Committee - lauded a "strategic approach" that "pushes out our borders and prevents bad actors and hazardous materials from reaching American soil."

"We learned a lesson from Katrina," she said. "We didn't plan before, we didn't respond, and we are still struggling to recover now.  A shut-down of West Coast ports would cost between $1 billion and $2 billion per day."

She added, "Today represents the point where Congress starts taking port security seriously and begins addressing threats before they happen."

A Senate committee has approved a companion measure. 

For a bill to become law, the House and Senate must pass a final version of the bill, which then must be signed by president.

While the federal government bolstered security on aircraft and at airports after the September 11, 2005, terrorist attacks in 2001, it has been criticized by some lawmakers and some security experts for not doing nearly enough on seaport security.

Currently, agents of the Department of Homeland Security physically inspect or scan for nuclear, chemical and biological weapons only about 5% of inbound cargo shipments.

To target high-risk cargo, agents use risk analysis based on cargo manifests supplied before the ship's arrival at a US port.

Congressional investigators testified they were even able to sneak radioactive material through some ports without detection.

Interest in port security on Capitol Hill surged after the Bush Administration approved a deal for a Dubai-owned company to operate a number of terminals at major US ports.

The company - Dubal Ports World (DPW) - later agreed to divest its interest in the deal after a political uproar in Congress.

Supporters of the amendment argued that 100 percent prior scanning would prevent detonation of weapons of mass destruction at US ports.  They said they are only promoting the kind of equipment already deployed at two container terminals in Hong Kong.

Opponents of the amendment argued that the technology used in Hong Kong has not yet been proved effective.  They said imposing such a requirement on foreign ports would discourage foreign cooperation and ultimately impose high costs on US consumers.

"To have 100 percent screening of every container is not at all practical and will, in fact, shut down our ports and undermine the strong economy that we have today," said House Republican majority leader John Boehner (R-Ohio), during the debate on the bill.

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