PRESS RELEASE

U.S. Sen. Jim DeMint (R-South Carolina)

Contact: Wesley Denton (202) 228-5079 or Adam Temple (803) 771-6112

For Immediate Release: November 13, 2006

DeMint Introduces Bill Banning Serious Felons from Working at US Ports

Senator urges Congress to pass Secure Port Workforce Act

Washington, D.C. – Today, U.S. Senator Jim DeMint (R-South Carolina) introduced The Secure Port Workforce Act, a bill that would prevent serious felons from having access to secure areas at American ports. U.S. Senator John Ensign (R-Nevada) is an original cosponsor.

“We can spend all the money in the world screening cargo but if we don’t screen the people working at our ports, we can’t expect to prevent a terrorist attack,” said Senator DeMint. “A serious felon is a prime target for those trying to smuggle a nuclear device or chemical weapon into our country. Trusting convicted murderers and weapons smugglers with secure access to our ports allows the fox to guard the henhouse and this legislation will put a stop to it.”

In language nearly identical to prohibitions at American airports, The Secure Port Workforce Act would deny access to secure areas in our ports to serious felons who have been convicted of: Espionage; Sedition; Treason; Terrorism; Crimes involving transportation security; Improper transport of a hazardous material; Unlawful use of an explosive device; Murder; Violations of the RICO Act where one of the above crimes is a predicate act; Conspiracy to commit any of these crimes.

It would also bar convicted felons who have been convicted in the last seven years (or incarcerated in the last five years) of: Assault with intent to murder; Kidnapping or hostage taking; Rape or aggravated sexual abuse; Unlawful use of a firearm; Extortion; Fraud; Bribery; Smuggling; Immigration violations; Racketeering; Robbery; Drug dealing; Arson; Conspiracy to commit any of these crimes.

This language passed the Senate unanimously as part of The SAFE Ports Act.  Unfortunately, the language was quietly gutted in conference leaving only a prohibition on convicted traitors, spies and terrorists from having access to the secure areas of our ports.  This population of criminals is so small it doesn’t begin to address the security problems at our ports. No legislator took credit for this change in conference, however the International Longshore & Warehouse Union (ILWU) announced it lobbied Congress to remove the DeMint language:

ILWU’s The Dispatcher, October 2006: “Congress will return after the election in a ‘lame duck’ session and work through part of November and December. We have heard rumors that Senator DeMint (R-SC) is particularly angry with the ILWU’s successful lobbying effort to strip his anti-labor provision. He may attempt to amend another piece of legislation, so the union will stay on guard to protect its members’ interests.” 

“The Secure Port Workforce Act will be the first test of the new calls for bipartisanship on critical issues facing our nation,” said Senator DeMint.  “Leaders of both parties are on record fully supporting this measure and it deserves immediate passage. The safety and security of our nation’s ports is far too important to push off to another Congress.” 

Law enforcement officials recently underscored the threat our ports face when traditional crime, particularly organized crime, works with terrorists.  Only weeks ago, the FBI apprehended a member of the Russian mafia attempting to sell missiles to an FBI agent he thought was acting as a middleman for terrorists.  Joseph Billy Jr., the FBI’s top counterterrorism official, commented that the FBI is “continuing to look for a nexus,” between organized crime and terrorists and that they “are looking at this very aggressively.

Joseph King, a former Customs Service agent and now a professor at the John Jay College of Criminal Justice, outlined the concerns of serious felons looking the other way when suspected cargo enters U.S. ports.  “It’s an invitation to smuggling of all kinds,” he said. “Instead of bringing in 50 kilograms of heroin, what would stop them from bringing in five kilograms of plutonium?”  A criminal in one of our ports may think he is just helping smuggle in drugs, but inadvertently be helping smuggle a weapon of mass destruction into the United States.

Senator DeMint is a member of the Senate Committee on Commerce, Science, and Transportation which has jurisdiction over the program that regulates who can access secure areas in ports.

###