Letter to John Pistole, Administrator of Transportation Security Administration

Letter

It has been a year since international cooperation helped thwart an attempt to detonate a toner cartridge bomb on a cargo plane from Yemen to the United States. Despite the ongoing significant risk that unscreened cargo poses to America's aviation system, the Transportation Security Administration (TSA) announced it will miss a December deadline for screening 100 percent of all cargo transported from overseas into the United States. A Congressional provision passed in 2007 as part of the Implementing Recommendations of the 9/11 Commission Act mandated that 100 percent of such cargo be screened by August 2010. When TSA missed this deadline, the agency indicated it would reach 100 percent screening level by the end of 2011. Recently, TSA informed freight-shipping trade groups that it will no longer require all air cargo bound for the U.S. to be screened by the end of the year and did not set a new deadline. Yesterday, Representatives Bennie G. Thompson (D-Miss.), Edward J. Markey (D-Mass,), and Sheila Jackson Lee (D-Texas) sent a letter to TSA asking how the agency plans to fully achieve the 100 percent screening mandate as intended by Congress.

"With the marking of the one-year anniversary of an air cargo terrorist plot, launched by an al Qaeda terrorist affiliate in Yemen -- TSA should be working steadfastly and aggressively to get international agreements in place to ensure that all cargo loaded on planes bound for the U.S. is screened--as required under the law," said Rep. Thompson. "As a nation, we must not lose momentum on closing this known security vulnerability."

"It has been one year since we were reminded that terrorists fully intend to exploit the loophole that allows unscreened cargo to enter the United States on planes," said Rep. Markey. "Terrorists continue to place aviation at the top of its target list. TSA must finish the job of closing the loophole in our air cargo screening system, especially as we enter the holiday travel season."

"Everyone understands that cargo screening is not an easy or inexpensive undertaking; however, it is logical that if we screen passengers, all carry-ons, and all checked baggage, then we must screen the remaining items onboard passenger aircraft, and that is belly cargo," said Rep. Jackson Lee. "Ensuring security is a part of doing business in the post-9/11 world."

The letter to TSA can be found HERE .

In 2007, Congress passed and President Bush signed into law H.R.1/S.4, which includes the Markey-authored 100 percent screening requirement for cargo on passenger planes as Section 1602, "Screening of Cargo Carried Aboard Passenger Aircraft" (P.L. 110-53). In August 2010, TSA met the mandate to screen 100 percent of all air cargo on passenger planes traveling domestically. However, at that time the agency indicated it would need until December 2011 to meet the mandate for cargo bound from international flights.

The lawmakers ask TSA to response to questions that include:

* Is "risk-based" screening the ultimate security outcome for TSA meeting the 100 percent air cargo screening mandate or does it underscore a phased-in effort to achieve 100 percent?
* What were the factors involved in the decision to delay implementation of the 100 percent cargo screening mandate?
* What is the current timeline for fulfilling the international air cargo screening mandate?
* What screening methods is TSA considering for the screening of international inbound cargo?

Rep. Thompson currently serves as Ranking Member on the House Committee on Homeland Security. As Chairman of the Homeland Security Committee in 2007, Rep. Thompson authored H.R. 1: the Implementing 9/11 Commission Recommendation Act--the comprehensive homeland security legislation that included a critical provision, authored by Rep. Markey, to require 100% screening of all air cargo transported on domestic passenger planes and all international passenger planes entering the U.S. Rep. Markey currently serves as Ranking Member of the Natural Resources Committee. Rep. Jackson Lee is a leader on transportation security issues on the Homeland Security Committee and serves as the Ranking Member of the Subcommittee on Transportation Security.

Dear Administrator Pistole:

We write to request an update on the status of the efforts of the Transportation Security Administration (TSA) to ensure that all U.S.-bound air cargo is screened, as required pursuant to section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (P.L. 110-53).

A year ago, an Al Qaeda affiliate attempted to explode "printer-bombs" packed with PETN in cargo planes originating from Yemen and destined for the United States. Fortunately, the plot was foiled. Nevertheless, the exposure of this major terrorist plot is a reminder that our adversaries are well aware of the security vulnerabilities in our air cargo system and are determined to exploit them.

According to a Bloomberg News report, the December 2011 deadline that TSA had established for achieving the screening of all U.S.-bound cargo has not been extended ("TSA Delays Deadline for Non-U.S. Cargo Screening, Ground Says," October 7, 2011). We are troubled that TSA, in a subsequent press statement, seemed to signal that the agency was seeking agreements in furtherance of a so-called "risk-based" screening approach rather than the 100% screening approach. Specifically, TSA explained that the ageny "[c]ontinues to work closely with our private sector and international partners to further risk-based screening of international inbound air cargo identified through a "risk-based" process will be screened. This approach would be contrary to the intent of section 1602 and would pose significant security vulnerabilities for our country.

When P.L. 110-53 was enacted, we understood that ensuring the screening of all air cargo loaded on planes departing for the U.S. would prove challenging, insofar as TSA lacks the authority and resources to unilaterally require implementation by foreign governments. That said, we believed then - and continue to believe today- that screening 100 percent of U.S.-bound air cargo-as is done for all cargo shipped on domestic point-to-point aircraft-is critical to guarding against evolving terrorist threats.

In light of TSA's recent press statement and, in the interest of ensuring that TSA full achieves the 100% air cargo screening mandate as intended by Congress, we respectfully request information in response to the following questions by November 14, 2011.

1. What is TSA's current view on the 100% air cargo screening mandate? Does the recent press statement to reflect TSA's view that "risk-based" screening is the ultimate security outcome or does it merely underscores a phased-in effort at ultimately achieving 100% screening?

2. What is the status of international negotiations in furtherance of Section 1602 in the international arena? In response to this question, please provide specific details on progress achieved with specific foreign governmental entities and barriers encountered in this negotiation process.

3. What were the factors involved in the decision to delay implementation of the 100 percent cargo screening mandate? Which TSA officials were involved in this decision? When was this decision made?

4. What is the current timeline for fulfilling the international air cargo screening mandate as set forth in the Implementing 9/11 Commission Recommendation Act of 2007 (P.L. 110-53)?

5. What screening methods is TSA considering for the screening of international inbound cargo? If TSA plans to use a "risk-based" approach, how will TSA determine whether inbound air cargo is "high-risk" and therefore much be screened?

6. What metrics, if any, does TSA intend to utilize to determine whether tha 100 percent screening requirement is being met on inbound air cargo?

If you have questions about this request, please contact Rosaline Cohen, Chief Counsel for Legislation for the House Committee on Homeland Security, Democratic Staff at 202-226-2616 or Mark Bayer, Chief of Staff for Congressman Markey at 202-225-2836.

Sincerely,

Bennie Thompson
Edward Markey
Sheila Jackson Lee

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