Legislative Update by Congressman Mike Ross
Protecting Our Homeland
 
March 3, 2006
 
This week, Dubai Ports World, a company owned by the United Arab Emirates (UAE), purchased shipping operations at six major United States seaports from London based Peninsular and Oriental Steam Navigation which managed shipping operations at major United States seaports including ports in Baltimore, New York, New Jersey, Philadelphia, Miami and New Orleans. Not only did two of the 9-11 hijackers reside in the UAE, but a majority of the funding for the attacks came from a UAE owned bank.

In 1975, Congress created the Committee on Foreign Investment in the United States (CFIUS) and established a process to thoroughly review foreign investment. CFIUS found no security threats in their initial 30-day review of the port deal with Dubai Ports World and sent their recommendation for approval to the Administration. Subsequently and without the knowledge of President Bush, the agreement received the necessary White House endorsement to complete the sale and without conducting an in-depth 45-day investigation.

CFIUS failed to include basic evaluations, such as background checks of senior managers of Dubai Ports World or a study of how the company screens its workers, and recommended agreement approval to the White House without an in-depth investigation of the company. Additionally, a report by the United States Coast Guard cited national security concerns including, “potential unknown threats against a large number of potential vulnerabilities” and the possibility for the UAE company's assets to “support terrorist operations.”

After an outcry from Members of Congress on both sides of the aisle that the process of properly investigating foreign investment was circumvented, Dubai Ports World and the Administration reluctantly agreed to a 45-day investigation to soothe national security concerns of the American public. However, this investigation is a farce. In reality, the investigation did not stall the sale of shipping operations at major United States seaports; it simply delays the UAE owned company’s management of the seaports and thus the security concerns of the American people should remain the same.

The U.S. Congress has the responsibility to exercise oversight on matters that impact national security. In order to ensure that foreign investment into the United States is not finalized without Congressional approval, I have co-sponsored H.R. 4813, the U.S. Security Improvement Act of 2006. This legislation will mandate that all transactions, mergers and acquisitions that involve any foreign government will be given the 45-day investigation to determine whether the transaction could affect national security and guarantees the relevant committees have the opportunity to review the transaction before a sale is final. In the aftermath of September 11, 2001, our enemy has changed, our world has changed, and our approach to national security must also change. As your Representative in Congress, I remain resolute in my commitment to ensuring the safety of our homeland.

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