CBP, GAO and Others Testify on 100% Scanning, C-TPAT, CSI, Port Security, NII, Etc.

CBP

In joint testimony with the Department of Homeland Security and the Coast Guard, CBP Acting Assistant Commissioner of Field Operations provided the subcommittee with an update on CBP efforts to improve cargo security. Highlights of CBP’s update include:

C-TPAT has over 10K members. Membership in C-TPAT has grown from 7 companies in its first year to 10,221 as of January 12, 2012. Additionally, CBP is working with foreign partners to establish bi-national recognition and enforcement of C-TPAT. CBP currently has signed mutual recognition arrangements (MRAs) with New Zealand, Canada, Jordan, Japan and Korea and is continuing to work towards similar recognition with the European Union, Singapore, Taiwan and other countries.

CSI is operational at 58 foreign seaports. The Container Security Initiative (CSI) is currently operational in 58 foreign seaports—covering more than 80% of the maritime containerized cargo shipped to the U.S. In FY 2011, CBP officers stationed at CSI ports reviewed over 9.5 million bills of lading and conducted 45,500 exams in conjunction with their host country counterparts. According to CBP, CSI will become a hybrid of different operational protocols designed around the uniqueness of each foreign port. CSI will remain operational in all 58 locations in fiscal year 2012 with sufficient personnel in country to conduct the examinations of high risk shipments with the host government and to maintain relationships with their host-country counterparts.

SFI pilot operations have ceased, except for Qasim. The Secure Freight Initiative partnered with the Department of Energy deploying networks of radiation detection and imaging equipment at six overseas pilot ports. All pilot operations, with the exception of Qasim, Pakistan have ended and those ports have reverted back to the CSI protocols of risk-based targeting. The pilots encountered a number of serious challenges to implementing the 100% scanning mandate.

CBP uses RPMs to scan almost all containerized cargo by sea, vehicles by land. Today CBP has 1,388 radiation portal monitors (RPMs) which it uses to scan 99% of all incoming containerized cargo arriving in the U.S. by sea and 100% of all passenger and cargo vehicles entering the U.S. land ports of entry. Since RPM program inception in 2002, CBP has scanned over 679 million conveyances for radiological contraband, resulting in more than 2.8 million alarms. To date, 100% of alarms have been successfully adjudicated as legitimate trade.

U.S. has signed two supply chain security agreements. To date, Joint Statements on supply chain security have been signed with New Zealand and the European Commission, and supply chain security has been specifically addressed with the Russian Federation, India, and Canada. The U.S. Government has also entered into 41 bilateral maritime counter-drug law enforcement agreements. Additionally, the Coast Guard has developed non-binding operational procedures with Mexico, Ecuador, and Peru to facilitate communications.

ISPS has assessed over 900 ports and facilities. The International Ship and Port Facility Security Code, a joint International Maritime Organization/Coast Guard program, has assessed more than 900 ports and facilities in more than 150 countries. DHS is pursuing a “Mutual Recognition” Memorandum of Understanding (MOU) with the European Commission (EC) which would call for mutual joint inspections of each other’s ports, and the Coast Guard would recognize a successful EC inspection of its Member State’s ports the same as a successful country visit by the ISPS Program.

GAO

The Government Accountability Office testified at the hearing on the issue of 100% scanning². As part of its testimony, GAO summarized past GAO reports (April 2005 through July 2011) on 100% scanning and provided certain updates from January -- February 2012.

CBP Focusing on Scanning Containers Identified as High Risk

GAO testified that DHS and CBP are not working to implement 100% scanning at foreign ports by the statutory deadline of July 2012. While CBP had previously implemented the Secure Freight Initiative (SFI) program and protocols for 100% scanning at six ports, it has reverted all but one of these ports to CSI operations, where CBP only scans the cargo containers it identifies as high risk rather than requesting scans of all containers regardless of risk.

In its fiscal year 2011 budget justification, DHS stated that it would continue to use and, when appropriate, strengthen other means to achieve the same goals of SFI, such as CSI, the 24-hour rule, the 10+2 rule, and Customs-Trade Partnership Against Terrorism (C-TPAT).

GAO also notes that there is no mention of the 100% scanning mandate or efforts to meet the mandate in its recently released National Strategy for Global Supply Chain Security. Instead, the strategy notes that the federal government intends to focus its efforts on “those enhancements that result in the most significant improvement or reduction in risk.” (See ITT’s Online Archives 12012606 for summary of the Administration’s “National Strategy for Global Supply Chain Security.”)

DHS Must Notify Congress by May 2 of Extension for 100% Scanning Deadline

GAO states that DHS expects to grant a blanket extension to all foreign ports pursuant to the statute, thus extending the target date for compliance with this requirement by two years, to July 2014. As a result, DHS would need to notify Congress by May 2, 2012 of any extensions its plans to grant. (In 2009, the DHS Secretary told Congress that DHS would seek a two-year extension, putting the new deadline at July 1, 2014. See ITT’s Online Archives 10072616, for summary on the DHS Secretary’s testimony.)

¹Homeland Security Committee Border and Maritime Subcommittee.

²Under The Implementing Recommendations of the 9/11 Commission Act (Public Law 110-53), a container that was loaded on a vessel in a foreign port would be prohibited from entering the U.S. (either directly or via a foreign port) unless the container was scanned by non-intrusive imaging (NII) equipment and radiation detection equipment at a foreign port before it was loaded on a vessel. The deadline for this requirement is July 1, 2012 or such other date as established by the DHS Secretary, whichever is earlier.

GAO testimony available here.

Joint CBP, DHS, Coast Guard testimony available here.