John Boehner, February 24, 2006

When the media began reporting on a deal that would allow a state-owned United Arab Emirates (UAE) company to manage terminals at six major U.S. ports, the phones in my office began ringing off the hook. Most of the callers have shared a similar concern: "America shouldn’t ‘outsource’ security at its ports and borders."

I couldn’t agree more. Our national security is of vital interest and concern when it comes to the operation of our ports and borders. And American security always has been and always should be handled by Americans.

But is that really an issue here? Does this transaction present a threat to America by putting another country in charge of our security? Before we decide one way or another, it’s important to know some basic facts. Let’s start at the beginning.

Dubai Ports World (DPW) put in a bid to take over management of certain terminals at six U.S. seaports. The company they are negotiating with is not based in the U.S., but in London -- Peninsular and Oriental Steam (P&O) Navigation Co. The ports themselves, which have many terminals, are not "owned" by P&O nor would DPW "own" them. In most cases they are owned by local government entities such as Port Authorities.

What does managing a terminal at a U.S. port mean, practically speaking? A terminal operator essentially unloads cargo from incoming ships and stores it until it is carried away by truck. It is not responsible for security.

The security screening for the ships, people, and cargo that comes into the U.S. is not done by the terminal operators, nor is it handled by the owners of the ships or the ports. Security at American ports is conducted by the Coast Guard and U.S. Customs and Border Protection, both parts of the Homeland Security Department.

Likewise overall security for any given American port is coordinated by the captain of the port, a Coast Guard officer.

Kristie Clemens of U.S. Customs and Border Protection recently told the Wall Street Journal that "Customs and Border Protection has the sole responsibility for the cargo processing and cargo security, incoming and outgoing. The port authority sets the guidelines for the entire port, and port operators have to follow those guidelines." In other words, Americans are responsible for American security -- this deal wouldn’t change that.

Some callers have been concerned because they believe the deal would give DPW specialized information on the operation of American ports that, if it fell into the wrong hands, could pose a danger. This too might be a legitimate concern if the UAE didn’t already have just that sort of information. You see, the UAE is part of America’s Container Security Initiative (CSI). CSI was launched in 2002 by the U.S. Bureau of Customs and Border Protection and enables the U.S. and cooperating governments to inspect cargo at eachother’s ports. U.S. officials work out of the Port of Dubai to target and screen "high risk" cargo destined for American ports; likewise, UAE officials work out of American ports to screen cargo headed for their country.

In addition to CSI, the U.S. led the effort after September 11th to establish the International Ship and Port Security code that EVERY country that trades with and operates here has to comply with. This code exists to prevent weapons of mass destruction from being transported by ship. Compliance isn’t optional -- in the U.S. it is enforced by the Coast Guard.

Clearly, I share the concerns being expressed by opponents. Congress has an essential oversight role here and that is being exercised. As House Majority Leader, I believe it is important to have the responsible committees gather as much information about the pending port transaction as possible. Is the deal on the up-and-up? Does it present any threat to our national security? We are now looking into these questions and more, and will get the answers we deserve.

There will be careful review by congressional committees and consideration given to pertinent legislation. In the post-September 11th world there is no such thing as being too cautious. National security is our highest priority, and we must ensure that our nation’s ports are secure. We must base any decisions we make on the facts -- to do otherwise could be just as costly.

Congressman John Boehner, a Republican, represents Ohio's Eighth Congressional District, which includes Miami, Butler, Preble, Darke, and Mercer Counties.