DHS Will Not Meet 100% Scanning Mandate for Maritime Cargo, Blanket Extension Expected

During the hearing, Department of Homeland Security Secretary Napolitano testified on its efforts to improve security for land, sea, and air transportation, and for cargo, while facilitating travel and trade. In addition, the Government Accountability Office issued a hearing statement for the record, and posted a related October 2009 report Highlights from the hearing include the following:

100% Scanning of Ocean Cargo Can't be Met by 2012 Deadline, Extension Needed

DHS Secretary Napolitano announced that the DHS will not meet the 100% scanning requirement for maritime cargo by the 2012 deadline and said that DHS will be required to seek the time extension authorized by law. In order to meet the 2012 deadline, DHS would need greater resources, technologies that do not currently exist, and the redesign of many ports. These are all prohibitive challenges that will require DHS to seek time extensions.

Two year extension expected. According to the GAO written statement, DHS has recently decided to grant a blanket extension to all foreign ports, thus extending the target date for compliance with this requirement by two years, to July 2014.

(The Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53), mandates that all maritime cargo containers must be scanned before being loaded on vessels destined for the U.S. by July 1, 2012. It also contains a provision granting the DHS Secretary authority to extend the deadline by two-year increments.)

SFI Pilot has Encountered Serious Challenges in Implementing 100% Scanning

Secretary Napolitano stated that in advancing the goal of 100% scanning, the Secure Freight Initiative deploys networks of radiation detection and imaging equipments at five overseas pilot ports. However, the DHS Secretary stated that this advanced pilot has encountered a number of serious challenges to implementing the 100% scanning mandate, including:

Multiple points of entry in ports. Many ports simply do not have one area through which all the cargo passes; there are multiple points of entry, and cargo is "transshipped," meaning it is moved immediately from vessel to vessel within the port. These ports are not configured to put in place detection equipment or to provide space for secondary inspections.

Technology limitations. Other challenges are the limitations that are inherent in available technology. DHS currently uses both passive radiation detection and active x-ray scanning to look for radioactive material in cargo. An important obstacle is the absence of technology which can effectively and automatically detect suspicious anomalies within cargo containers that should trigger additional inspection. While DHS is pursuing technological solutions to these problems, expanding screening with available technology would slow the flow of commerce and drive up costs to consumers without bringing significant security benefits.

High costs. The costs of 100% scanning pose a great challenge, particularly in a struggling economy. Deploying SFI-type scanning equipment would cost about $8 million per lane for the more than 2,100 shipping lanes at more than 700 ports around the world that ship to the U.S. On top of these initial costs, operating costs would be very high.

CBP made limited SFI progress. The GAO reports that U.S. Customs and Border Protection has made limited progress in scanning containers at the initial ports participating in the SFI program, leaving the feasibility of 100% scanning largely unproven. In addition, CBP has not developed a plan to scan 100% of U.S.-bound container cargo by 2012, but has a strategy to expand SFI to select ports where it will mitigate the greatest risk of weapons of mass destruction entering the U.S.

CCSP for Air Cargo Needs More Participation to Meet 100% Screening Deadline by August 2010

As for the aviation sector, Secretary Napolitano states that excellent progress continues when it comes to screening air cargo: more than 50% of air cargo is now undergoing screening. More than 95% of passenger flights fly each day carrying fully screened cargo on board. TSA is moving forward with its Certified Cargo Screening Program (CCSP), but the program will need greater participation from the air cargo industry in order to meet the August 2010 deadline for 100% screening of all cargo that is borne on passenger aircraft for flights originating in the U.S. To that end, an industry-wide conference will occur in mid-December to encourage participants in the air cargo supply chain to join the CCSP.

Meeting the 100% screening requirement for cargo inbound to the U.S. from foreign countries continues to present challenges. TSA is taking a layered approach to securing this cargo: TSA is increasing security requirements for cargo acceptance, handling, and screening of cargo transported into the U.S. on passenger aircraft.

It is strengthening global security standards through collaboration with the International Civil Aviation Organization (ICAO) and through agreements on information sharing and standardization of security with foreign partners. TSA is also working with CBP to examine the feasibility of adapting CBP's automated targeting system (ATS) to provide risk screening on every shipment of cargo.

DHS Secretary to Make Surface Transportation Security a Priority

DHS, and in particular TSA, continues to enhance surface transportation security by working with other federal departments and transportation providers. Secretary Napolitano states that this will be a major priority of hers during her tenure as Secretary.

She added that targeted security training for key employees is one of the most effective measures that the government can take to enhance security. To pursue this goal, TSA is drafting proposed rule that will institute employee security training program requirements across all surface modes of transportation: freight railroad carriers; public transportation agencies (including rail mass transit and bus systems); passenger railroad carriers; over-the-road bus operators; and motor carriers transporting highway security-sensitive materials.

(See ITT's Online Archives or 04/03/09 news, 09040325, for BP summary of CBP testifying on 100% scanning, etc.

See ITT's Online Archives or 02/27/09 news, 09022720, for BP summary of Secretary Napolitano testifying that DHS may not be able to reach the mandate.)

Hearing information (posted 12/03/09) available at http://commerce.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=50d056de-f970-47f0-bca2-b2d5eda18390

GAO report on Supply Chain Security: Feasibility and Cost-Benefit Analysis Would Assist DHS and Congress in Assessing and Implementing the Requirement to Scan 100 Percent of U.S.-Bound Containers (GAO-10-12, dated October 2009, released December 2, 2009 ) available at http://www.gao.gov/new.items/d1012.pdf)