Homeland Security: 100% Container Scanning Update

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The "Implementing Recommendations of the 9/11 Commission Act" approved by the U.S. Congress in 2007 requires the scanning at foreign ports of all U.S.-bound maritime containers. This provision, known as the 100 percent scanning mandate, had an effective date of July 1, 2012, but also allowed the Secretary of the Department of Homeland Security (DHS) to delay implementation in two-year increments if 100% scanning was not feasible. In 2012, the secretary notified Congress that DHS would extend the implementation deadline for two years as permitted by law.

In May 2014, the new DHS Secretary, Jeh Johson, notified Congress that he would extend the deadline through 2016. His letter to Congress also expressed strong opposition to the mandate, stating: "DHS’ ability to fully comply with this unfunded mandate of 100 percent scanning, even in long term, is highly improbable, hugely expensive, and in our judgment, not the best use of taxpayer resources to meet this country’s port security and homeland security needs." The letter also stated that DHS would undertake a better, good-faith effort to comply with the 100 percent scanning requirement’s underlying objectives by increasing scanning abroad, with an emphasis on high risk cargo, improving targeting, engaging stakeholders, and addressing other potential vulnerabilities.

On June 2, AAPA joined 70 organizations in a letter to DHS supporting this extension. On July 25, AAPA met with DHS to discuss alternatives to the 100 percent scanning requirement. Discussions with AAPA policy experts are being arranged.

Only Congress can eliminate the 100 percent scanning requirement, but it is doubtful DHS will ever implement it and more likely will to continue to delay implementation every two years.