[Congressional Record Volume 149, Number 7 (Wednesday, January 15, 2003)]
[Senate]
[Pages S850-S851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. HUTCHISON (for herself and Mrs. Feinstein):
  S. 165. A bill to improve air cargo security; to the Committee on 
Commerce, Science, and Transportation.
  Mrs. HUTCHISON. Mr. President, I rise today to introduce, along with 
my colleague Senator Feinstein, the Air Cargo Security Act.
  Since the 9/11 attacks, we in Congress, working with the 
Administration, the aviation industry, and the flying public have made 
tremendous progress in transportation security. Together we have 
created the new Department of Homeland Security, signifying the largest 
governmental reorganization in 50 years. We have created the 
Transportation Security Administration, TSA, and worked together with 
the Administration to hire and train over 40,000 new security 
employees. We have invested heavily in our personnel and equipment, and 
we have revamped screening procedures in virtually every aspect of 
passenger air travel.
  Today, there is no doubt in my mind that the traveling public is 
considerably safer than we were on September 10, 2001. That is 
important to recognize. I think it is also important to note that our 
progress is due in large part to those Americans who continue to 
patiently cooperate with personnel during the security overhaul. The 
importance of their contributions and vigilance during this time cannot 
be overstated. With their cooperation, passengers today are screened 
more carefully. Bags are being checked more thoroughly, and we all are 
traveling under a more secure system.
  While our efforts in the 107th Congress have dramatically improved 
our transportation security, we in the 108th must continue to strive 
for seamless security operations. This responsibility includes closing 
the cargo security loophole. It just does not make any sense to go to 
the trouble of inconveniencing airline passengers with security 
screening and baggage checking if we are then willing to leave the 
contents of the plane's belly unchecked. Currently, twenty-two percent 
of all air cargo in the U.S. is carried on passenger flights, only a 
tiny fraction of which is inspected. That is inexcusable.
  The measures that I am introducing today, with my good friend from 
California, Dianne Feinstein, have already received the unanimous 
support of the full Senate, as well as the Commerce Committee last 
year. The purpose of the Air Cargo Security Act will be to strengthen 
air cargo security on all commercial flights. Specifically, this bill 
establishes a more reliable known shipper program by requiring random 
shipping facility inspections, creating an accessible shipper database, 
and providing for tamper-proof identification cards for airport 
personnel. It also gives the TSA the tools required to hold shippers 
accountable for the contents they ship by allowing the Administration 
to revoke the license of a shipper and freight forwarder engaged in 
unsound or illegal practices.
  This legislation also requires the TSA to develop a comprehensive 
training program for cargo professionals as well as an approved cargo 
security plan. The rules and procedures that are strengthened in this 
bill were developed in consultation with the TSA, the airlines, and the 
cargo carriers to ensure that the requirements were aggressive. Working 
together has allowed us to remain sensitive to the airline industry 
that finds itself in dire financial straits.
  What this vote boils down to is the simple question of, ``Are we 
going to

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continue doing everything we can to ensure the safety of our passenger 
airplanes?'' By closing the cargo security loophole and passing the Air 
Cargo Security Act, we will demonstrate our commitment to finishing the 
job we started after 9/11/01.
  To strengthen air cargo security and passenger safety, I urge my 
colleagues to support the Air Cargo Security Act of 2003.
  Mrs. FEINSTEIN. Mr. President, I rise today to join Senator Hutchison 
in introducing the Air Cargo Security Act, a bill that passed the 
Senate by Unanimous Consent in the 107th Congress.
  Today Senator Hutchison and I released a report from the General 
Accounting Office that demonstrates why the Congress and the 
Transportation Security Administration must, together, move quickly to 
shore up our vulnerabilities to protect against another terrorist 
attack.
  I strongly believe that we must increase our defenses across the 
board to anticipate the next attack, not just correct the 
vulnerabilities that were already exploited by terrorists on September 
11th.
  After September 11th, Congress moved quickly to federalize the 
airport security screening workforce to prevent more hijackings, but we 
have not done enough to increase our air cargo security.
  The General Accounting Office report shows that Congress must require 
the TSA to develop a strategic plan to screen and inspect air cargo to 
protect our Nation's air transportation system. According to this 
report, our air cargo system remains vulnerable to a terrorist attack 
because: first, there aren't enough safeguards in place to ensure that 
someone shipping air cargo under the ``known shipper'' program has 
taken the proper steps to protect against use by terrorists; second, 
cargo tampering is possible at various points where cargo transfers 
from company to company; third, air cargo handlers are not required to 
have criminal background checks, and they do not always have their 
identification verified; fourth and most importantly, most cargo 
shipped by air is never screened.
  To address these problems, the GAO recommends that the Transportation 
Security Administration develop a comprehensive plan for improving air 
cargo security.
  The legislation we are reintroducing today, directs the TSA to: 1. 
Develop a strategic plan to ensure the security of all air cargo; 2. 
Establish an industry-wide pilot program database of known shippers; 3. 
set up a training program for handlers to learn how to safe-guard cargo 
from tampering; and 4. Inspect air cargo shipping facilities on a 
regular basis.
  The Aviation Security Act Congress passed after September 11 required 
the Transportation Security Administration to screen and inspect air 
cargo ``as soon as practicable.'' This report shows we cannot wait any 
longer. The time is now for the Senate to again take up this 
legislation, again pass this legislation, and for the TSA to prevent 
terrorists from tampering with the cargo loaded into the underbelly of 
our airplanes.
  The General Accounting Office recommends that the Under Secretary for 
Transportation develop a comprehensive plan for air cargo security that 
includes priority actions identified on the basis of risk, costs, 
deadlines for completing those actions, and performance targets.
  The TSA has a great deal of options at its disposal. The TSA could: 
screen air cargo for explosives; secure cargo with high-tech seals; 
control access to holding areas containing cargo; use cargo tracking 
systems; install more cameras in cargo areas at airports; use blast 
resistant containers; have more bomb-sniffing dogs; put cargo in 
decompression chambers before loading it onto an aircraft; require the 
identity of people making air cargo deliveries to be checked; establish 
an industrywide computer profiling system; require criminal background 
checks for employees at freight forwarders and consolidators; and 
require third party inspections.
  We do not expect the TSA to X-ray and scan all cargo for explosives 
because shippers and carriers would be able to process only 4 percent 
of cargo received daily, which would severely disrupt the air cargo 
industry. However, the Federal Government can deploy a combination of 
the techniques I have listed to implement a comprehensive security plan 
for air cargo.
  Since one half of the hull of each passenger aircraft is typically 
filled with cargo and 22 percent of all cargo transported by plane is 
loaded on passenger flights, I believe air cargo security is just as 
important as passenger security. In fact, you cannot keep passengers 
safe without stronger air cargo security.
  Each time there is a major jet crash or bombing, we reexamine our 
aviation security. I hope it will not take another accident or attack 
for us to finally pass this legislation into law.
  I would like to thank Senator Hutchison for her leadership on the 
issue of transportation security and I urge my colleagues to support 
our legislation.
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