CBP Testifies on 100% Scanning, CSDs, C-TPAT, Etc. at Cargo and Container Security Hearing

100% Scanning is Difficult, Will Come Back to Congress With Clear Path Forward

Ahern stated that while CBP works to address the complex challenges it has encountered during its 100% scanning pilots, the focus now is on determining how to achieve efficient expansion while maximizing the security benefit and containing the cost. Ahern noted that as Department of Homeland Security Secretary Napolitano indicated in recent testimony, achieving 100% scanning by 2012 will be difficult based on what is known today. CBP is currently taking a close look at what will be possible and useful and will come back to the Congress soon with a clear path forward.

CBP Has Received Thousands of ISF Filings, Millions of CSMs Under 10+2

In his discussion of the interim final rule which amended 19 CFR to require Security Filing (SF) information from importers and additional information from carriers (10+2) for vessel (maritime) cargo before it is brought into the U.S., Ahern noted that since January 2009, CBP has received tens of thousands of Importer Security Filings (ISFs), hundreds of vessel stow plans and millions of container status messages (CSMs) that have already yielded some promising results.

CBP Hopeful it Can Begin 100% Scanning Pilot in Karachi Later in 2009

Ahern also provided an update on the status of its CBP's 100% scanning pilots. According to Ahern, the first three Secure Freight Initiative (SFI) pilot ports (Puerto Cortes, Honduras; Port Qasim, Pakistan; and Southampton, United Kingdom) became fully operational on October 12, 2007, and are attempting to scan 100% of U.S.-bound maritime containers. Furthermore, CBP and the Energy Department expanded the deployment of scanning equipment to one terminal in Hong Kong, recently began operations in Port Busan (South Korea), and will soon be operational in Salalah (Oman). CBP has also been working very closely with Pakistan Customs to expand the SFI model to Karachi, and is hopeful that it can begin scanning containers from Karachi later in 2009.

CBP states that while these are the deployments currently planned and anticipated, CBP is constantly assessing the priority of foreign ports and terminals that present the greatest opportunities to reduce risk through deployment of SFI resources and will adjust its deployment plans and schedule accordingly and keep the Committee informed.

(See ITT's Online Archives or 08/28/08 news, 08082805, for BP summary on CBP's plans to add Karachi to 100% scanning pilot.)

CBP Continue to Explore CSDs for Container Security

Ahern noted that while both the SAFE Port Act of 2006 and the Implementing Recommendations of 9/11 Act of 2007 reference the potential benefits of container security standards and devices (CSDs) and encourage DHS to move forward with their development and implementation, neither law prescribes a clear path for their development and use.

Ahern added that because DHS does not believe that, at the present time, the necessary technology exists to adequately improve container security without significantly disrupting the flow of commerce, it did not make use of the rule-making authority or mandate the use of CSDs.

The 9/11 Act amended the SAFE Port Act by establishing that if an interim final rule was not issued by the DHS Secretary by April 1, 2008, all containers in transit to the U.S. would be required to be secured with a seal meeting the International Standards Organization Publicly Available Standard (ISO PAS) 17712, Freight Containers - Mechanical Seals, by October 15, 2008. Ahern noted that DHS chose to implement this seal mandate, and since October 15, 2008 all containers entering the U.S. are required to be secured with a seal meeting ISO PAS 17712 and CBP officers in U.S. seaports report a very high level of compliance with this requirement.

While DHS has decided to not exercise its rule-making authority regarding CSDs to-date, it continues to explore the potential efficiency of these technologies and how they can best enhance container security in very specific trade lanes.

CBP to Review C-TPAT Performance, May Strengthen Minimum Criteria

Ahern stated that in strengthening the Customs-Trade Partnership Against Terrorism (C-TPAT), CBP will also continue to review its performance and, where needed, enhance the minimum security criteria for each enrollment sector.

CBP Forecasts Deployment of Additional RPMs in FY 2009

According to Ahern, CBP is forecasting the deployment of 83 additional seaport radiation portal monitors (RPMs) by the end of fiscal year (FY) 2009. Ahern also stated that by the end of FY 2009, CBP plans to deploy 46 additional southern border RPMs.

(See future issue of ITT for summary of other witness written statements from this hearing.)

Acting CBP Commissioner Ahern's written statement available at http://www.dhs.gov/ynews/testimony/testimony_1238603858577.shtm.