I 

109TH CONGRESS 

2D SESSION H. R. 4977 

To place a 2-year moratorium on certain contracts to conduct port operations 

in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2006 

Ms. JACKSON-LEE of Texas (for herself, Mr. HALL, Mr. REYES, Mr. CROWLEY, Mr. CUELLAR, Mr. BACA, and Mr. ORTIZ) introduced the following 

bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on International Relations 

and Homeland Security, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To place a 2-year moratorium on certain contracts to conduct 

port operations in the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Save America’s Ports 

5 Act of 2006’’. 


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1 SEC. 2. MORATORIUM ON CERTAIN CONTRACTS TO CON2 DUCT PORT OPERATIONS IN THE UNITED 

3 STATES. 

4 (a) MORATORIUM.—During the 2-year period begin5 ning on the date of the enactment of this Act, no contract 

6 providing for the operation of any seaport or other point 

7 of entry into the United States may be entered into, modi8 fied, altered, or transferred, if a party to the contract is 

9 or would be— 

10 (1) a government which the Secretary of State 

11 has determined, for purposes of section 6(j) of the 

12 Export Administration Act of 1979, section 620A of 

13 the Foreign Assistance Act of 1961, section 40 of 

14 the Arms Export Control Act, or other provision of 

15 law, is a government that has repeatedly provided 

16 support for acts of international terrorism; 

17 (2) a foreign terrorist organization designated 

18 under section 219 of the Immigration and Nation19 ality Act; 

20 (3) any foreign person determined, pursuant to 

21 Executive Order 13224, to have committed, or to 

22 pose a significant risk of committing, acts of ter23 rorism; or 

24 (4) any other entity that is owned or controlled 

25 by a government described in paragraph (1), an or26 ganization described in paragraph (2), or persons 


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1 described in paragraph (3), or any combination 

2 thereof. 

3 (b) CLARIFICATION.—For purposes of this section, 

4 the operation of a seaport or port of entry includes— 

5 (1) operations at such seaport or point of entry 

6 relating to— 

7 (A) the import or export of cargo, or the 

8 movement of cargo in connection with such im9 port or export; or 

10 (B) the arrival or departure of passengers 

11 traveling by vessel or aircraft; and 

12 (2) the operation, at such seaport or port of 

13 entry, of any enterprise selling concessions or other 

14 items. 

15 SEC. 3. STUDY AND REPORT BY COMPTROLLER GENERAL. 

16 (a) STUDY.—The Comptroller General shall conduct 

17 a study on the following: 

18 (1) The extent to which security operations at 

19 United States seaports are managed by nationals of 

20 foreign countries, including— 

21 (A) an identification of the foreign coun22 tries involved; 

23 (B) the general responsibilities and au24 thorities that the contracts accord to the for25 eign nationals; and 


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1 (C) the extent to which the contracts make 

2 it possible for the foreign nationals to engage in 

3 activities that could impact on the security of 

4 the ports. 

5 (2) Any incident in which foreign nationals de6 scribed in paragraph (1) have been charged with, or 

7 convicted of, criminal conduct involving security op8 erations at United States seaports. 

9 (3) A review of United States contracts to man10 age or supply United States seaports, taking effect 

11 after December 31, 2001, with respect to the vulner12 ability of such seaports to threats to the national se13 curity of the United States, including an examina14 tion of— 

15 (A) the number of such contracts awarded, 

16 including the bid the number of international 

17 parties represented in the contracts; 

18 (B) the extent of oversight before the con19 tract was awarded and during the length of the 

20 contract; and 

21 (C) the relationship, if any, between the se22 curity breaches at the United States seaports 

23 and the ownership or management of the sea24 ports. 


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1 (4) A review of the vulnerability of the ten larg2 est United States seaports to threats to the home3 land security of the United States, including threats 

4 involving enemy infiltration, cargo shipping, and 

5 passenger safety, among others. 

6 (b) REPORT.—Not later than July 30, 2006, the 

7 Comptroller General shall submit to the Committee on 

8 Homeland Security of the House of Representatives and 

9 the Committee on Homeland Security and Governmental 

10 Affairs of the Senate a report on the results of the study 

11 required by subsection (a). 

12 SEC. 4. STUDY AND REPORT BY SECRETARY OF HOMELAND 

13 SECURITY. 

14 (a) STUDY.—The Secretary of Homeland Security 

15 shall conduct a study on the status of security operations 

16 at the ten largest United States seaports. 

17 (b) REPORT.—Not later than July 30, 2006, the Sec18 retary of Homeland Security shall submit to the Com19 mittee on Homeland Security of the House of Representa20 tives and the Committee on Homeland Security and Gov21 ernmental Affairs of the Senate a report on the results 

22 of the study required by subsection (a). 

Æ 


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