HOUSE PASSES TWO COBLE PATRIOT ACT AMENDMENTS

Two amendments offered by the chairman of the Judiciary subcommittee with jurisdiction over anti-terrorism efforts were approved by the House Thursday night during reauthorization of the Patriot Act. The amendments – offered by U.S. Rep. Howard Coble (R-NC) – the chairman of the Crime, Terrorism, and Homeland Security subcommittee increases the penalties for the illegal transport of cigarettes, as well as strengthens U.S. port security.

Congressman Coble coauthored the port security amendment with Reps. Adam Schiff (D-CA) and Randy Forbes (R-VA). Rep. Coble said he has long-feared that the next terrorist attack could come via the water. “Let’s consider a few facts,” Coble said on the House floor Thursday evening. “There are approximately 360 public ports in this country and the United States seaports conduct 95 percent of the nation’s overseas trade. In addition, the top 50 seaports account for approximately 90 percent of all cargo tonnage and seaports are large open areas and obvious targets for devastating terrorist attacks which could have a significant detrimental impact on U.S. commerce.”

Rep. Coble said the amendment would be a multifaceted approach to beefing up security at our ports. “Our amendment works,” Coble stated, “by (1) controlling access to seaports or sensitive areas; (2) providing additional authority to the Coast Guard to investigate vessels; (3) prohibiting use of dangerous weapons or explosives on a passenger vessel; (4) protecting Coast Guard navigational aids on waterways; (5) prohibiting transportation of dangerous materials and potential terrorists; (6) prohibiting destruction or interference with vessels or maritime facilities; (7) increasing penalties for illegal foreign shipments or vessels; (8) increasing penalties for noncompliance with manifest requirements; (9) increasing criminal penalties for stowaways on vessels; and (10) increasing penalties for bribery of port security officials.” The Coble/Schiff/Forbes amendment was approved by a vote of 381-45.

The second Coble amendment which received approval Thursday night called for increasing penalties for those who illegally transport cigarettes. “Why should this provision be included in the Patriot Act?” Coble asked his colleagues. “Because criminal organizations, including terrorist groups, are using contraband cigarettes to fund their organizations. The scam is relatively easy and extremely lucrative. The criminals purchase cigarettes in a state with a low excise tax and then transport them to a high-tax state to sell. Many times they even counterfeit the tax stamps to ensure the cigarettes look legitimate. Criminals can make as much as $30 per carton for relatively little effort and risk.

“A scheme that was uncovered illustrates the magnitude of this problem. In 2003, a group of Hezbollah operatives were convicted of buying cigarettes in my home state of North Carolina and selling them in Michigan. They were using the proceeds of their operation to fund the activities of Hezbollah. Law enforcement authorities across the nation believe these types of smuggling operations are a fast-growing problem.”

The Coble amendment will lower the threshold requirement for a violation from 60,000 to 10,000 cigarettes. It will apply the law to smokeless tobacco as well and impose reporting requirements on those engaging in delivery sales of more than 10,000 cigarettes or 500 cans or packages of smokeless tobacco in a month. It will also authorize state and local governments, and certain persons holding federal tobacco permits, to bring causes of action against violators.

The Coble amendment was approved by voice vote. The reauthorization of the Patriot Act received approval by a vote of 257-171. The bill now goes to the Senate for consideration.