By Lindsay McLaughlin
ILWU Legislative Director
Several weeks ago in the southern Israeli Port of Ashdod two suicide bombers infiltrated the port, killing 10 workers at a machine shop and injuring another 20. Currently, the Israeli government is investigating how the terrorists got into the country, including the possibility they hid in a container on board a ship to gain access. Investigators are looking into whether the real targets of the terrorists were chemical facilities within the port that could have killed hundreds of innocent people.
The U.S. Senate Committee on Commerce, Science and Transportation held a hearing on the state of American maritime security March 24, 2004. Mike Mitre, the Longshore Division’s Director of Port Security, testified for the ILWU. The Committee wanted to know whether West Coast ports had made progress in securing the facilities or whether the incident in Israel could happen here.
Mitre testified that real port security has not been achieved, and in some respects, U.S. ports are less secure than they were prior to the terrorist attacks of Sept. 11, 2001. Mitre testified that, for example, most marine terminals have not initiated any new programs to check seals when containers enter a marine facility. The Coast Guard has issued rules requiring terminals to check seals when containers enter a facility and when containers are stored. So far the terminal operators have not complied, and have erroneously insisted that they do not have to comply until their facility security plans are approved by the Coast Guard. Some terminal operators have actually discontinued the practice of verifying seals before and in months after Sept. 11, 2001.
Mitre emphasized the importance of checking the outside container seals. A broken seal would immediately alert the port facility that the container may have been tampered with and needs to be carefully inspected. A systematic check of container seals also provides authorities with a record of the parties responsible for placing the seal on any container that may be used for a terrorist attack.
Seal checks are vital to our national security. Lloyd’s List reported on April 8, 2002, that 47 warheads were found on a foreign flag ship La Tour Feb. 9, 2002 at the Port of New York/New Jersey after the Coast Guard noticed that a "safety seal appeared to differ from the one put on the box when it was loaded." Port workers are prepared to perform security checks on the containers, but have been stymied by terminal operators more interested in moving cargo more quickly and profitably than in taking the time for proper security.
Some terminal operators have suggested that technology such as cameras can do the job of seal checks, but this method has not proven effective. Cameras and scanners cannot tell if a seal has been tampered with. The human eye and intuition cannot be replaced with technology.
Government officials appear to be listening. The chair of the Homeland Security Committee, Rep. Christopher Cox (R-CA), was quoted in the Orange County Register as saying, "Stopping seal checks is definitely a matter of concern." Los Angeles Port Captain Peter Neffinger told the Register, "I know terminals see security as inconvenient and costly, and it’s hard to gauge a best return on any investment, but after July 1, we will prosecute any violations. It’s part of the new cost of doing business."
At the hearing Mitre criticized the lack of regulations on the treatment of empty containers. There should be no disagreement over the need for an inspection and verification concerning containers marked as empty, he said. The fact that marine terminal operators routinely conducted inspections of empty containers in the past as a regular part of their security program to verify the absence of harmful contents and to detect and deter possible terrorist attacks, only adds to the viability of this procedure.
Mitre strongly urged the Coast Guard to mandate the inspection of empty containers. If there ever was to be an attack using an "empty" container to transport and stage explosives or chemical or biological agents, this would be the ideal manner to accomplish it. With the level and manner of intelligence gathering and the sophisticated techniques used by various organizations, nothing should be left to chance.
Sen. John Breaux (D-LA) asked the other panelists to respond to Mitre’s assertion that empty containers pose a threat to national security, but the industry representative did not directly answer why they should not be inspected, mostly because there is no reasonable response. Mitre's written testimony said it best: "When there is a conflict between efficiency in the maritime transportation system versus additional security measures that will enhance the security of the system and our port communities, we believe that security should prevail."
Mitre also urged Congress and the Bush administration to adequately fund port security. When security plans are finalized, it is critical that money be made available for optimum security rather than minimal security. Coast Guard officials have said it will cost $1.4 billion dollars in the first year—and $7.4 billion dollars over 10 years—just to make basic, necessary physical improvements at U.S. ports. But Bush is only asking for $46 million in funding for this task in the year 2005.
Mitre spoke to the Senate Committee about the need to devise a "West Coast scenario" so that America could continue to move goods in the event of a terrorist attack. Mitre and his fellow legislative action committee member Peter Peyton have been looking at this issue and urging policymakers to plan for such an event. These Legislative Action Committee members are also looking at how we can build infrastructure for moving goods in a way that meets the security needs of our ports.
This testimony before the Senate Committee is only one step the ILWU has recently taken to raise the urgent need for port security before the nation’s policymakers. ILWU International President James Spinosa wrote to Coast Guard Admiral Larry Hereth March 15, 2004 to urge the Coast Guard to take effective action to compel marine terminal operators to immediately implement and maintain adequate security measures in accordance with the Maritime Transportation Security Act.
Out of frustration that terminal operators were shirking their duties to institute common sense security measures to keep port workers and communities safe, Spinosa asked the Coast Guard to issue a directive that all security measures for handling cargo should be implemented now without delay. Employers are relying on a technical final compliance date of July 1, 2004 in the Coast Guard regulations to put off what they should do today. Spinosa told the Coast Guard that the port security law mandates the Coast Guard requires terminal operators to put in place cargo security programs before the security plan is approved.
Further, Spinosa wrote, "Common sense would indicate that waiting until July 1, 2004 in which to institute necessary port security measures actually could heighten the risk of potential terrorism during this waiting period." Terminal operators know what they need to do to make our ports safer and more secure, and they need to do it now.
The ILWU has enlisted allies in the effort to get real port security. At the March meeting of the unions affiliated with the Transportation Trades Department, AFL-CIO, the ILWU introduced a resolution entitled "Real Port Security Needed." It passed unanimously. The resolution called for the TTD to advocate real seaport security measures before the Coast Guard, the Bureau of Customs and Border Control, the Transportation Security Administration and other agencies with jurisdiction over seaport security. The TTD will inform members of Congress on the state of seaport security and support additional legislation if necessary to enhance seaport security and protect the rights of seaport workers. The TTD will also work to inform the general public through the media about the need to secure seaports.
The ILWU will hold its legislative conference in Washington, D.C. the week of April 26, 2004. Obtaining real port security will be a major issue for the ILWU delegates lobbying before Congress. You can help to by writing your member of Congress and letting them know that terminal operators should be living up to their responsibility and implementing security measures for handling cargo. This is a matter of true security for port workers and the port communities where ILWU families live.
