Senate Floor Speech
Senator Kay Bailey Hutchison
September 28, 2004 -- Page: S9786

MRS. HUTCHISON. Mr. President, I rise today to offer the Air Cargo Security Act as an amendment to the Intelligence Reform Act. This is a measure that we need to pass to answer some of the criticisms in the 9/11 Commission Report regarding cargo security. I thank the distinguished chairman of the Commerce Committee, Senator McCain, for adding his support to this bill. We would not have gotten it through the Commerce Committee without his support. I think it adds immeasurably to the bill that is before us today.

Congressional action following 9/11 quickly created the Transportation Security Administration to address the appalling security gaps exposed by terrorists. We took drastic but appropriate steps to considerably increase security of our airports and planes, and 3 years later we are light-years ahead of where we were on that horrific day.

I am pleased that the 9/11 Commission raises issues that are similar to those I have discussed since we enacted the Aviation and Transportation Security Act. The Commission report states:

Concerns also remain regarding the screening and transport of checked bags and cargo. More attention and resources should be directed to reducing or mitigating the threat posed by explosives in vessels' cargo holds.

I have worked since 2001 to enact stringent air cargo security standards and, along with Senator Feinstein, introduced the Air Cargo Security Act to create a comprehensive system to secure shippers, freight forwarders, and carriers. The Senate has twice passed this bill unanimously, but it remains stalled in the House of Representatives.

The bottom line is this: Are we safer than on September 11? Absolutely. But have we done enough? Not yet. So I think we can do more. I think this is an opportunity for us to address this issue.

The Air Cargo Security Act will make a difference in our Nation's air security. One thing we have not provided since 9/11 is security in the belly of the aircraft equal to protections for passenger areas and airports. Cargo is shipped on passenger aircraft, in some cases, without being screened. That is why we need this amendment.

The Air Cargo Security Act would establish a reliable known-shipper program, mandate inspections of cargo facilities, and direct the Transportation Security Agency to work with foreign countries to institute regular inspections at facilities that bring cargo into the United States.

The legislation would develop a training program for air cargo handlers and give TSA the power to revoke the license of a shipper or freight forwarder whose practices are unsound. These provisions will go a long way toward further securing aircraft in our country. All of us want America to have the safest aviation system in the world. Closing the cargo loophole is an important step.

There is no doubt in my mind that the traveling public is considerably safer. We have made changes to ensure our screeners undergo background checks, training, and testing. Checked bags are scrutinized, flight crew training is constantly being improved, and we are traveling in a more secure system. But we must address the cargo issue.

Mr. President, 22 percent of all air cargo in the United States is carried on passenger flights, only a tiny fraction of which is inspected.

Beyond transport on passenger planes, there are other issues in the cargo arena. Identification cards used by workers are generally not secured with fingerprints or other biometric identifiers. Background checks for cargo employees are still inadequate.

Perhaps the weakest link in the cargo security chain is the freight forwarder. These are the middlemen who collect cargo from the shippers and deliver it to the air carrier. Regulations governing these companies are lax, and the TSA is finding security violations when it conducts inspections. Under current law, however, TSA lacks the authority to revoke the shipping privileges of freight forwarders that repeatedly violate security procedures. This air cargo security amendment would give TSA that power.

Air cargo security is not a new problem. In 1988, Pan Am 103 went down over Lockerbie, Scotland, because of explosives planted inside a radio in the cargo hold of a passenger airplane. The 1996 Valujet crash in the Everglades was caused by high-pressure tanks that never should have been put on a passenger aircraft in the first place.

My amendment will strengthen air cargo security on all commercial flights. It establishes a more reliable known shipper program by requiring inspections of facilities, creating an accessible shipper database, and providing for tamper-proof identification cards for airport personnel. It gives TSA the tools required to hold shippers accountable for the contents they ship by allowing the administration to revoke the license of a shipper or freight forwarder engaged in unsound or illegal practices. This is the most important part of the bill. The TSA has told me time and again they need to have this capability in order to revoke licenses when they find an unsafe situation.

I have had the support of my colleagues, such as Senator McCain. Senator Lott, the chairman of the Aviation Subcommittee, has worked with me on this bill. We have passed this bill twice in the Senate. It is a bill we have looked at, we have vetted. We have had hearings.

I see my colleague Senator Lott, the chairman of the Aviation Subcommittee, is on the floor of the Senate. He knows this bill. He worked with me to perfect it. If we can put this amendment on this very important piece of legislation, it will add immeasurably to our aviation security. We will have the most secure aviation system in the world with this amendment on this particular legislation.

Mr. President, I hope my colleagues will support this air cargo security amendment. This is an amendment that the Senate has voted on twice and passed. It will add significantly to the security of our aviation community. The airports and the top of the airplane are very safe. We have done a super job of creating those safe areas, but what we have not done is matched that with cargo security, what is in the belly of the airplane. We want a seamless aviation system, and with this amendment I think we will have the safest aviation system in the world.

I am very proud to have the support of so many of my colleagues, and I hope we send a strong message that this amendment should be added to the final bill. I appreciate the support of the chairman, the ranking member, the chairman of the Commerce Committee, and the Aviation Subcommittee as well.