[Congressional Record Volume 144, Number 67 (Friday, May 22, 1998)]
[Extensions of Remarks]
[Page E959]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                INTRODUCTION OF THE DRUG-FREE PORTS ACT

                                 ______
                                 

                         HON. E. CLAY SHAW, JR.

                               of florida

                    in the house of representatives

                          Friday, May 22, 1998

  Mr. SHAW. Mr. Speaker, today I am introducing legislation entitled 
the ``Drug-Free Ports Act.'' This bill allows local and state 
governments the ability to access Department of Justice information for 
the purpose of doing criminal background checks on port employees or 
applicants. I am introducing this bill at the formal request of the 
Broward County (Florida) Commission.
  I am introducing this bill because of the high incidence of collusion 
between drug traffickers and port employees. These ``internal 
conspiracies'' are becoming a major avenue for bringing illegal drugs 
into the United States. To lessen the chance of future internal 
conspiracies, my bill would allow the local governing body the option 
to require port employees or applicants have clean records. The subject 
of this bill was discussed at length at a House National Security, 
International Affairs and Criminal Justice subcommittee hearing last 
July which I attended as an ex-officio member.
  ``Internal conspirators'' are clever in the ways they help smugglers. 
They have been known to ``innocently'' swing a container in front of a 
surveillance camera in order to allow another container filled with 
drugs to pass through undetected. They also have been known to tip off 
smugglers regarding the routines of Customs officials to maximize the 
chance of success in bringing in contraband.
  According to James Milford, a former head of the DEA in Miami, 
``Longshoremen are a source of frustration for us, particularly in 
South Florida. One of the things that concerns us is the ability of 
longshoremen to be utilized successfully in pulling cocaine shipments 
out of cargo and moving it out of the port with impunity.''
  In response to reports about internal conspiracies at Florida ports 
in the press, I requested that the Customs Service do a random sample 
of the arrest records of longshoremen at the Port of Miami and Port 
Everglades. The results were disturbing. Of a random sample of 50 Port 
of Miami longshoremen, 36 had arrest records. Of these 36 persons, they 
had a total of 213 arrests, including 68 drug arrests.
  In a random sample of 38 Port Everglades longshoremen, 19 persons had 
arrest records. Of these 19 persons, they had a total of 73 arrests, 
including 14 drug arrests.
  Consider the arrest records from the following three subjects:
  Subject No. 1 from Port of Miami--arrested for robbery, assault and 
battery, carrying a concealed firearm, possession of a firearm by a 
convicted felon, aggravated assault, possession of heroin with intent 
to distribute, possession of cocaine with intent to sell, possession of 
heroin with intent to sell, grand theft, petty theft, uttering a forged 
instrument, forgery of a U.S. Treasury check, possession of cocaine, 
simple battery, aggravated battery, petty theft.
  Subject No. 2 from Port of Miami--arrested for immigration violation, 
cocaine possession, marijuana possession, aggravated assault, battery, 
loitering and prowling, narcotic equipment possession, aggravated 
assault, possession of a firearm in the commission of a felony, 
resisting arrest, obstructing justice, aggravated battery, burglary, 
and cocaine possession within 1,000 feet of a school.
  Subject No. 3 from Port Everglades--arrested for armed robbery, 
assault with intent to commit murder, breaking and entering, disorderly 
conduct, shoplifting, burglary, dealing in stolen property, possession 
of cocaine, sale of cocaine, domestic violence.
  Mr. Speaker, since 1953, the Waterfront Commission of New York Harbor 
has been conducting criminal background checks on certain port 
employees, and their system has worked well. Considering the torrent of 
drugs and other contraband that moves in and out of our ports, I do not 
consider it unreasonable for a local government to require clean 
records for the people who work on the docks. For that reason, I urge 
my colleagues to support this needed legislation.

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