International Trade Today is a service of Warren Communications News.

DHS Secretary Testifies that DHS May Not Meet 2012 Deadline for 100% Scanning

On February 25, 2009, the House Homeland Security Committee held a hearing entitled "DHS: the Path Forward" during which the Committee heard testimony from Secretary of Homeland Security Napolitano.

Sign up for a free preview to unlock the rest of this article

If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.

2012 Deadline for 100% Scanning May Not be Reached

During the question and answer portion of the hearing, Representative De Fazio posed a question as to whether DHS would be able to meet the requirement of 100% scanning by 20121.

Secretary Napolitano responded to Representative De Fazio's question by stating that she has been looking at the issue and her initial view is that the 2012 deadline will not work. Secretary Napolitano noted that 100% scanning would require agreements with numerous countries, a situation that creates a lot of issues. Secretary Napolitano concluded her response by reiterating that the 2012 100% scanning deadline may not be reached under the current state of the program.

The testimony of Secretary Napolitano at the hearing is consistent with her written response to Senate Finance Committee questions on the issue in which she stated that the 2012 100% scanning deadline is going to be difficult to achieve and that granting a waiver to extend the 2012 deadline must be seriously considered. (See ITT's Online Archives or 02/13/09 news, 09021310, for BP summary of the DHS Secretary's responses.)

Secretary Discusses CBP Staffing, TWIC, Scanning, Etc.

During her testimony, Committee members made statements and asked questions regarding numerous issues, including (partial list):

CBP staffing levels at the ports

Implementation of the recommendations of the 9/11 Commission

Refinement of the border search electronic seizure policy

The April 15, 2009 deadline for the Transportation Worker Identification Credential (TWIC)

Types of scanning equipment

Congestion at the land border ports and airports

Project 28

Violence along the U.S.-Mexico border

DHS' recently announced agency-wide efficiency review

1The Security and Accountability for Every (SAFE) Port Act calls for testing the feasibility of scanning 100% of U.S.-bound cargo containers; and the Implementing Recommendations of the 9/11 Commission Act (Public Law 110-53) requires scanning 100% of U.S.-bound (maritime) cargo containers by July 1, 2012 or such other date as established by the DHS Secretary, whichever is earlier. P.L. 110-53 also contains a provision granting the DHS Secretary authority to extend the deadline by 2 year increments.

(See ITT's Online Archives or 02/24/09 news, 09022405, for BP summary on DHS' efficiency review initiative.

See ITT's Online Archives or 08/08/07 news, 07080810, for BP summary of the 100% scanning, etc. provisions in the "Implementing Recommendations of the 9/11 Commission Act of 2007.")

Secretary Napolitano's written statement (dated 02/25/09) available at http://homeland.house.gov/SiteDocuments/20090225102118-60844.pdf.

Committee Chairman's remarks http://homeland.house.gov/SiteDocuments/20090225104120-42935.pdf.

Link to Webcast of hearing available at http://homeland.house.gov/Hearings/index.asp?ID=171.