House bill seeks to increase scanning of cargo at U.S. ports for threats

Sept. 15, 2014
SCAN Act would outfit select ports with advanced inspection technology

Last week, Rep. Janice Hahn (D-Calif.) introduced a bill in the House that aims to provide increased protection against the threat of terrorists smuggling dangerous materials into the country through shipping containers.

The Scan Containers Absolutely Now (SCAN) Act would allow select U.S. ports to receive federal funds for advanced inspection technology to implement 100 percent scanning of incoming shipping containers for radiological, nuclear and other potentially dangerous materials.

“Since September 11, 2001, our nation has taken great strides in ensuring our airports are secure, but living near the Port of Los Angeles, I know that our nation’s ports are not as secure as they should be,” Hahn said in a statement. “Top security experts recommend that shipping containers entering our ports be scanned, but 13 years later we only scan 3 percent of incoming cargo. This is unacceptable.”

Although the Security and Accountability for Every Port (SAFE Port) Act that was passed in 2006 requires the scanning of all cargo containers by radiation detection equipment and non-intrusive imaging systems at foreign ports prior to being loaded onto U.S.-bound ships, the U.S. Department of Homeland Security has delayed implementation of the 100 percent screening mandate that was supposed to begin in 2012. Earlier this year, DHS Secretary Jeh Johnson sent a letter to Senate Homeland Security and Governmental Affairs Committee Chairman Sen. Tom Carper (D-Del.) informing him that he had decided to extend the screening mandate for an addition two years.

In the letter, Johnson said that the use of currently available technology to scan shipping containers would have a detrimental impact on trade capacity, as well as the flow of cargo. Additionally, Johnson said that such systems cannot be “purchased, deployed or operated” by foreign ports as they do not have the physical capabilities to support them.

“I have personally reviewed our current port security and DHS's short term and long term ability to comply with 100% scanning requirement. Following this review, I must report, in all candor, that DHS's ability to fully comply with this unfunded mandate of 100% 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,” wrote Johnson.

The SCAN Act would create a pilot program to test the implementation of 100 percent scanning technology at two selected U.S. ports. These ports would apply for the program and, if selected, would be outfitted by the federal government with inspection technology. Findings of the pilot program would be shared with Congress and DHS.

“The technology exists today to implement efficient scanning that does not disrupt or slow the flow of commerce,” said Hahn. “My bill would help demonstrate that scanning technology is effective and then we can move towards its widespread implementation so that 100% of shipping containers passing through all U.S. ports can be determined to be safe. An attack on one of our nation’s major ports would be catastrophic for our entire nation and the global economy. This legislation is key to making port security a reality.”