HOMELAND SECURITY - 9/11 Commission Bill Conferees Hit Obstacle Over Cargo
By Chris Strohm
National Journal's CongressDailyAM
July 20, 2007
House and Senate conferees moved closer Thursday to approving legislation implementing unfulfilled recommendations of the 9/11 Commission, but a key senator took issue with a cargo scanning provision, making enactment of the bill less certain.
Senate Homeland Security and Governmental Affairs ranking member Susan Collins, R-Maine, said she would not sign onto a final conference report for the 9/11 Commission bill because it requires the Homeland Security Department to ensure, within five years, that most cargo is scanned abroad for weapons of mass destruction before being shipped to the United States.
If other senators join Collins' protest, it could prevent final legislation from being approved, aides said.
The provision was offered as an amendment by House Homeland Security Chairman Thompson during a conference meeting. It was approved by a party-line vote, with House conferees approving it, 13-10, and Senate conferees voting, 8-7.
Lawmakers had a long, sometimes heated debate on Thompson's amendment. Thompson portrayed his amendment as a compromise. Under his proposal, he said, the Homeland Security Department could offer two-year deadline extensions to ports that need more time to come into compliance. The amendment also would exempt shipments of military cargo and equipment from having to be scanned.
"I believe that the American will, in this instance, will produce the technology to do it," Thompson said.
Republicans, led by Collins, opposed the amendment, arguing such scanning is not technically feasible and would alter the government's risk-based strategy for cargo security.
Collins said a maritime security law enacted last year requires Homeland Security to study the feasibility of scanning all cargo at three foreign ports, and to develop a plan as soon as possible and practicable for doing so at all ports.
"I think the current law got it right," Collins said.
It was not immediately clear if other lawmakers will join Collins in refusing to sign the conference agreement.
Lawmakers were unable to resolve two other key issues during the conference, meaning they will have to be worked out through private negotiations. Aides said it was not certain if another public meeting of the conferees would be scheduled.
One of the outstanding issues is whether to include a provision that would grant people immunity from lawsuits if they report on suspicious activity around transportation networks.
House Homeland Security ranking member Peter King, R-N.Y., a leading advocate for the provision, argued it is necessary to encourage the public to be vigilant.
Senate Democrats said the provision would be germane to the 9/11 bill, and therefore could be included if House Democrats agreed.
That pleased King, who said the conference committee "took a step in the right direction with Democrats conceding that the provision was within the scope of the legislation."
"There's no way we can achieve security when our citizens are scared that they may be sued for reporting suspicious activity, and Congress must act to right this injustice," he said.
Several House Republicans said Thursday they suspect Democrats are using procedural tactics to prevent the provision from making it into the final bill.
The other issue in dispute dealt with deciding which federal agency will manage and disburse rail and mass transit security grants.
The House version of the bill lets the Homeland Security and Transportation departments share control of the grants. The Senate bill gives Homeland Security complete control.
House Transportation and Infrastructure Chairman Oberstar offered what he said was compromise language as an amendment Thursday, but it was defeated by senators.
