House Committee Chair Letter Challenges DHS' Decision to Focus Maritime Scanning on High-Risk Trade Corridors

(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. The 9/11 Act employs a phased-in approach over five years.)

DHS' Decision to Focus on "High-Risk Trade Corridors" Ignores 9/11 Act Mandate

Thompson stated that Congress directed DHS, under the 9/11 Act, to use lessons learned from the Secure Freight Initiative (SFI) pilot¹ to educate and inform DHS on the necessary steps to fulfill the 100% scanning mandate.²

However, in the final SFI report, DHS stated that it "will focus future scanning deployments on high-risk trade corridors, which represent the greatest threats to the U.S." Besides the fact that DHS does not define what a "high-risk trade corridor" is, DHS' unilateral decision to ignore the 100% scanning mandate runs afoul of the 9/11 Act and puts U.S. ports at risk.

DHS' Focus on High-Risk Trade Corridors Damaged SFI Pilot

Thompson added that DHS' decision to only focus on high-risk trade corridors has significantly damaged the U.S.' relationship with several key countries and the private sector.

At least two countries have pulled out of the SFI pilot and at least one port operator has withdrawn as well; a lack of clarity as to whether DHS intends to implement the 100% scanning requirement was cited as a factor in the decision to abandon the SFI pilot.

Thompson Questions if DHS Ever Intended to Meet Statutory Deadline

In his letter, Thompson said that statements from top DHS officials over the past eighteen months indicate active opposition to the 100% scanning mandate and raise questions as to whether DHS ever intended to try and meet the statutory deadline.

For example, at U.S. Customs and Border Protection's 2007 Annual Trade Symposium, Chertoff stated that opening and inspecting 100% of U.S.-bound cargo would "be the end of our ports."³

Also, in June 2008 CBP Deputy Commissioner Ahern testified that CBP will focus future scanning deployments on high-risk trade corridors.⁴

CBP Commissioner Basham has also spoken out against the 100% scanning mandate, signaling a lack of support for the requirement. At the American Association of Exporters and Importers (AAEI) Annual Conference⁵, Basham said that just because 100% scanning is possible, it does not mean that it is wise; he also asserted that such an approach could not be a substitute for risk-based layered security.

Thompson Requested Certain Information by August 11th

Thompson requested that Chertoff provide a written response to following requests no later than August 11, 2008:

• Given that the 2012 deadline is approaching, provide a narrative on the actions that DHS has taken to bring about progress with respect to the requirements of the 9/11 Act
• Provide a copy of the strategy and/or materials that Chertoff intends to leave for his successor to meet the 100% scanning mandate with the next for years, as required (if there is such a plan, materials)
• Explain what authority Chertoff used to determine that he could ignore the congressionally-mandated 100% scanning in favor of a high-risk trade corridor
• Provide a definition of "high-risk trade corridor

(Thompsons' letter to Chertoff came a week after he, along with several other members of the Homeland Security Committee, sent a letter to the Transportation Security Administration concerning TSA's efforts to implement 100% scanning of cargo transported on passenger planes by August 2010. (Assistant Secretary and Administrator of the TSA stated that air cargo originating abroad would not be screened, even though it is required by the 9/11 Act.) See ITT's Online Archives or 08/04/08 news, 08080499 1, for BP summary)

¹CBP launched SFI in December 2006 and established the SFI International Container Security (ICS) (100% scanning) pilot program. Under the SFI/ICS, an integrated scanning system, consisting of radiation portal monitors (RPMs) and non-intrusive inspection (NII) imaging systems, is used to scan containers as they move through foreign ports. The first three SFI/ICS pilot ports (Puerto Cortes, Honduras; Port Qasim, Pakistan; and Southampton, UK) became fully operational on October 12, 2007. Scanning equipment is being deployed to certain terminals in Hong Kong; Salalah, Oman; Port Busan, South Korea; and Singapore.

²The SFI pilot was mandated in the Security and Accountability for Every (SAFE) Port Act of 2006 (P.L. 109-347)

³See ITT's Online Archives or 11/20/07 news, 07112005, for BP summary of Chertoff's comments at the Trade Symposium.

⁴Ahern's written statement is available at http://commerce.senate.gov/public/_files/AhernWrittenStatementFINAL_June12_OMBCleared.pdf. See ITT's Online Archives or 04/08/08 news, 08040805, for BP summary of Ahern stating that resources for 100% scanning could be better directed elsewhere.

⁴Basham's comments available at http://www.ifcba.org/modules/news/article.php?storyid=931. See ITT's Online Archives or 01/01/08 news, 08010130, for BP summary of Basham calling the 100% scanning concept flawed.

(See ITT's Online Archives or 06/24/08 news, 08062405, for BP summary of DHS' report to Congress on the 100% scanning pilot. See ITT's Online Archives or 06/18/08 news, 08061805, for BP summary of the Senate Homeland Security Committee's response to the report.

See ITT's Online Archives or 01/11/07 news, 07011110, for BP summary of the 9/11 Act.)

Thompson's letter (dated 08/05/08) available via email by sending a request to documents@brokerpower.com