Lawmakers Chew Out DHS Over Delay of 100% Screening

Reps. Jerrold Nadler (D-N.Y.), Edward Markey (D-Mass.) and Bennie Thompson (D-Miss.) voiced concern with delay in the screening of all in-bound cargo containers in a June 27 Op-Ed in TheNew York Times. The Department of Homeland Security (DHS) recently confirmed it would delay the effective date for 100-percent scanning of incoming maritime cargo containers for at least two years beyond the original 2012 deadline. DHS didn't respond to a request for comment on the Op-Ed.

(See ITT's Online Archives 12061926 for summary of the DHS decision to make the delay).

"Recent advances in screening technologies have undermined Homeland Security’s contention that the technology is not available to scan all cargo containers without disrupting commerce," said the lawmakers. "An effective high-volume container screening system was installed in the Port of Hong Kong in 2005. Trials of new, American-made technology have demonstrated that scanning all containers would be feasible at many ports. The world’s largest marine terminal operators have offered to work with the department to put the law into effect."

Complaints about costs and technology aren't the issue, they said. "What is missing is a sense of urgency and determination."

"We recognized that the scanning of 100 percent of all cargo containers in five years could be a challenging deadline to meet," they said. "That is why we included the authority to extend the deadline in cases in which Homeland Security certified that there are at least two major obstacles relating to the availability and accuracy of the technology, the logistics of its deployment and use, or impacts to trade. Now Homeland Security is using this authority to simply exempt itself from any meaningful compliance with the law we wrote to close a dangerous loophole in United States security. We have urged the department over the last five years to make the law a reality, to no avail. Our nation can no longer risk such delays."

(The Security and Accountability for Every (SAFE) Port Act of 2006 called for testing the feasibility of scanning 100% of U.S.-bound cargo containers; and the Implementing Recommendations of the 9/11 Commission Act 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. The 9/11 Act also contains a provision granting the DHS Secretary authority to extend the deadline by 2 year increments.)