Industry lobbies Senate to oppose cargo scanning rules

The shipping and retail industry is targeting the Senate with an aggressive lobbying campaign to oppose legislation that would set a firm deadline for all U.S.-bound cargo to be scanned at foreign ports -- a centerpiece of a House homeland security bill approved earlier this week.

Industry representatives said they were taken aback by a House provision to require all U.S.-bound containers to be scanned for weapons of mass destruction within three years at the largest foreign ports and within five years at all ports.

The provision was in a massive bill to implement unfulfilled recommendations of the 9/11 Commission, even though the commission did not recommend all cargo be scanned abroad. The Senate is expected to take up its own bill to implement the commission's recommendations in the coming weeks.

Christopher Koch, president of the World Shipping Council, said his group has met with Democratic and Republican staff on the Senate Homeland Security and Governmental Affairs Committee and Senate Commerce Committee to oppose deadlines for scanning all cargo abroad.

"I just don't believe the institution is going to act in a way that is going to damage the American economy," Koch said. He said it is his understanding at this point that Senate legislation will not include a requirement or deadline for scanning cargo. "I cannot conceive of it being signed into law."

The Retail Industry Leaders Association, which represents conglomerates like Wal-Mart and Target, is planning to send a letter to every senator opposing the House cargo scanning provision, said Allen Thompson, the group's vice president for global supply chain policy.

"We're definitely going to try to get in and meet with the senators," he added.

Koch and Thompson noted that a maritime security bill signed into law last year requires the Homeland Security Department to conduct test programs at three foreign ports to determine the feasibility of scanning cargo at all ports, including whether technology exists to do so.

They said Congress should wait for the results of the test programs before setting firm deadlines.

"We just hope the Senate believes that it's wise to let the department complete the pilot programs and report back to Congress before Congress decides to make any decisions," Thompson said.

It is not clear if any senators are going to push for the same cargo scanning requirements as are in the House bill. During debate over the Senate's version of the maritime security bill last year, Sen. Frank Lautenberg, D-N.J., was one of the biggest advocates for scanning all cargo abroad.

"Every container entering our country needs to be checked for weapons and other hazards," he said Thursday. "As we evaluate the House bill, I will work with my colleagues to ensure this goal is met, and that the Bush administration is putting the right technology and adequate personnel at the ports."

Sen. Charles Schumer, D-N.Y., also proposed an amendment during floor debate last year that would have required Homeland Security within four years to scan all cargo containers before they arrive at U.S. ports. The Senate voted 61-37 to table his amendment.

Instead, the enacted maritime security bill states that all cargo should be scanned abroad "as soon as possible," but only after Homeland Security certifies that technology exists to do so and certain other conditions are met.