CHRONOLOGY: Failure to Inspect Cargo Carried on Passenger Planes

Prepared by the Office of Representative Edward Markey (D-MA)

October 31, 2010

Chronology

·        May 20, 2003:  Markey questions then-DHS Secretary Ridge at Homeland Security Committee Hearing about the lack of screening for cargo carried on passenger planes and requests DHS provide plan within 2 weeks for inspecting 100% of cargo on passenger aircraft.

·        June 9, 2003:  Ridge responds to Markey request for DHS plan, states that DHS uses “known shipper” program that relies on assessment of security risks posed by companies that ship cargo on passenger planes, rather than physical inspection of cargo.            

·        June 12, 2003:  Markey letter to Ridge responds to information in June 9 letter, points out need to physically inspect cargo – rather than use known shipper program to evaluate of risk of cargo – and requests specific information about the known shipper program.

·        June 13, 2003:  Markey introduces H.R. 2455, the Universal Screening of Air Cargo Act to require DHS to implement a system to inspect all cargo carried on passenger planes that uses equipment, technology and personnel that meet the same standards established for passenger bags.

·        June 24, 2003:  Markey offers a Floor amendment to the FY04 Homeland Security Department appropriations bill to prevent DHS from expending any funds to approve, renew or implement any aviation cargo security plan that permits the transporting of unscreened or uninspected cargo on passenger planes, effectively mandating 100% screening of cargo on passenger aircraft.  Rep. Christopher Shays (R-CT) co-sponsors amendment, which passes 278-146.

·        July 8, 2003:  Asa Hutchinson, then-DHS Undersecretary, Border and Transportation Security Directorate, writes to Senator Thad Cochran, Chairman of the Senate Appropriations Subcommittee on Homeland Security, urging him to “oppose language included in the House version of the Homeland Security Appropriations Bill.  This provision was offered by Rep. Markey to prohibit the use of funds to approve, renew or implement any aviation cargo security plan that permits the transporting of unscreened or uninspected cargo on passenger planes.”

·        September 10, 2003:  The House passes, by a vote of 347-74, a motion to instruct conferees reconciling the House and Senate versions of the FY04 Homeland Security Appropriations bill to include the Markey 100% cargo screening provision.

·        September 17, 2003:  House and Senate Republican negotiators drop the Markey cargo provision from the final version of the FY04 Homeland Security Appropriations bill.

·        September 24, 2003:  Markey offers a motion to recommit the conference report so that the cargo inspection provision can be included in the final version of the bill.  The motion is defeated 198-226 (Roll Call Vote 514 – only 1 Republican voted for the motion, then-Rep. Chris Shays (R-CT)).

·        February 11, 2004:  Markey introduces H.R. 3798, the Secure Existing Aviation Loopholes (SEAL) Act, to strengthen aviation security across a range of areas.  A 100% cargo inspection requirement for passenger planes is included.  The bill is referred to the House Transportation and Infrastructure Subcommittee on Aviation.  No committee action is taken on the bill.

·        June 18, 2004:  Markey offers a Floor amendment to the FY05 Homeland Security Department appropriations bill to prevent DHS from expending any funds to approve, renew or implement any aviation cargo security plan that permits the transporting of unscreened or uninspected cargo on passenger planes, effectively mandating 100% screening of cargo on passenger aircraft.  Rep. Christopher Shays (R-CT) co-sponsors amendment, which is defeated 191-211 (Roll Call Vote 273, 43 Republicans voted for the amendment, 169 against).

·        July 2004:  Markey prepares to offer cargo inspection amendment to FY05 Homeland Security Department authorization bill during mark-up in the House Select Committee on Homeland Security.  Chairman Christopher Cox (R-CA) cancels the mark-up.

·        April 27, 2005:  Markey offers amendment to inspect 100% of cargo on passenger and all-cargo carriers during mark-up of FY06 Homeland Security Department authorization bill.  The amendment is defeated 8-20.

·        May 3, 2005:  Markey, along with Shays, introduces H.R. 2044, the Air Cargo Security Act, to require inspection of 100% of cargo carried on both passenger and all-cargo carriers.

·        May 17, 2005:  Markey and Shays testify before the House Rules Committee in support of the cargo inspection amendment, which they request the Committee make in order to be considered during Floor debate on the FY06 Department of Homeland Security authorization bill so that Members can vote on the provision.  Markey and Shays modify the text of the amendment to phase-in the 100% inspection requirement over 3 years – 35% of cargo must be inspected by the end of the first year; 65% by the end of the second year; and 100% by the end of the third year.  The Rules Committee refuses to rule the amendment in order, blocking its consideration on the Floor.

·        May 18, 2005:  Markey cargo inspection amendment is one of the two provisions in Democrats’ motion to recommit the FY06 Department of Homeland Security authorization bill.  The motion is defeated 199-228. (Roll Call Vote No. 188, with 1 Republican voting aye – then-Rep. Chris Shays (R-CT))

·        May 18, 2005:  Markey cargo inspection amendment is included in the Democratic substitute for the FY06 Department of Homeland Security authorization bill.  The substitute is defeated 196-230. (Roll Call Vote 187, with 1 Republican voting aye – then Rep. Chris Shays (R-CT)).

·        November 17, 2005:  Markey, along with Shays, introduces H.R. 4373, the Safe Skies Cargo Inspection Act, to require 100% inspection of cargo carried on passenger planes within three years – one-third of cargo must be inspected by the end of the first year; two-thirds by the end of the second year; and 100% by the end of the third year.

·        December 5, 2005:  In its final report card, the 9/11 Public Discourse Project formed by the members of the 9/11 Commission following the conclusion of the Commission’s term gives cargo and checked baggage screening a grade of “D”.

·        July 19, 2006:  Markey, along with Shays, offers an amendment during consideration in the Homeland Security Committee of the FY07 Department of Homeland Security authorization bill to require to require inspection of 100% of cargo carried on passenger planes within three years – one-third of cargo must be inspected by the end of the first year; two-thirds by the end of the second year; and 100% by the end of the third year following the date of enactment of the bill.  The amendment is defeated 14-15.

·        January 2007:  Language authored by Markey to inspect 100% of cargo on passenger planes over three years is included in H.R. 1, legislation to implement the recommendations of the 9/11 Commission. 

·        January 9, 2007:  H.R. 1 is the first bill to pass the House in the new 110^th Congress by a vote of 299-128, resulting in passage of the Markey 100% cargo inspection mandate.

·        March 13, 2007:  S.4, the Senate version of H.R. 1, passes by a vote of 60-38.  The Senate bill contains 100 percent cargo screening language that is similar, but not identical to, the Markey language in H.R. 1.

·        March-July 2007:  Staff discussions occur to reconcile differences between the House and Senate 100 percent screening language.

·        July 19, 2007:  The House-Senate conference on H.R.1/S.4 begins.  Final language is agreed upon in the conference report to require screening of 100 percent of cargo carried on passenger planes within three years.

·        July 26, 2007:  Senate passes S.4, which includes the Markey 100 percent screening requirement for cargo on passenger planes as Section 1602, “Screening of Cargo Carried Aboard Passenger Aircraft”. (85 – 8 (Record Vote Number: 284)).

·        July 27, 2007:  House passes H.R. 1, which includes the Markey 100 percent screening requirement for cargo on passenger planes as Section 1602, “Screening of Cargo Carried Aboard Passenger Aircraft”. (371 - 40 (Roll Call no. 757)).

·        August 3, 2007: President Bush signs the legislation.  It is Public Law 110-53.

·        January 2008:  Markey and House Homeland Security Committee Chairman Bennie Thompson (D-MS) write to then-Comptroller General of the U.S. David Walker to request that the Government Accountability Office (GAO) assess TSA’s implementation of the air cargo screening mandate to ensure that it is consistent with the requirements in the law.

·        June 30, 2010:  The House Homeland Security’s Subcommittee on Transportation Security and Infrastructure Protection convened an oversight hearing on TSA’s progress in meeting the 100% air cargo deadline, including the release of the GAO report requested by Markey and others.  At the hearing, TSA indicates that about 80 to 85 percent of international cargo headed for passenger planes would be inspected as of the August deadline.

·        October 29, 2010:  Packages containing explosives transported on two cargo planes bound for synagogues in Chicago are intercepted in Dubai and the United Kingdom.

·        October 31, 2010:  Markey, author of mandate in law requiring screening of all cargo on passenger planes, announces his intention to introduce legislation extending the rmandate to cover cargo planes.