Senate Appropriations Committee Reports FY 2009 DHS Appropriations Bill Affecting TSA (Air Cargo, Etc.)

The following are highlights of the TSA-related provisions in S. 3181, as well as the Senate Appropriations Committee's (Committee's) report for S. 3181 (S. Rept. 110-396). (See S. 3181 and S. Rept. 110-396 for complete details.)

Although reports such as S. Rept. 110-396 do not have statutory force and departments and agencies are not legally bound by their declarations, they do explain congressional intent, and executive branch agencies take them seriously because they must justify their budget requests annually to the Appropriations Committees.

Air Cargo Security

S. 3181 would provide $122,849,000 for air cargo security activities to secure the air cargo supply chain, conveyances, and people.

Certified Cargo Screening Program

The Committee notes that TSA's plan to achieve a 100% screening mandate is heavily reliant on screening cargo at certified screening facilities throughout the supply chain.

TSA has begun to test this screening concept (known as the Certified Cargo Screening Program) at airports with a high concentration of cargo consolidations, but full development, such as ensuring chain of custody, has not been achieved. The Committee directs TSA to brief the Committee, not later than 90 days after the date of enactment of S. 3181, on specific plans and processes for securing air cargo through the supply chain, including a schedule, milestones, and performance measures for this program.

(See ITT's Online Archives or 05/05/08 news, 08050506, for BP summary of a TSA Information Bulletin on Certified Cargo Screening Program outreach meetings, etc.

See ITT's Online Archives or 05/15/08 news, 08051510, for BP summary of TSA's regulatory agenda which contains an interim final rule for the Certified Cargo Screening Program.)

Expansion of Technology Pilots

The Committee directs TSA to expand technology pilots to evaluate the effectiveness of cargo screening technologies. The Committee also directs TSA to provide an expenditure plan not later than 60 days after the date of enactment of S. 3181 on the allocation of FY 2009 air cargo security funds, including any carryover funds from prior year appropriations. The plan is to include details on efforts to develop new covert testing protocols, data related to cargo strike team augmentation, the location and number of canine team deployments, and specific screening technologies deployed.

New Technologies to Inspect, Screen Air Cargo

S. 3181 would require the DHS Secretary to research, develop, and procure new technologies to inspect and screen air cargo carried on passenger aircraft at the earliest date possible.

Until such technologies are available, existing checked baggage explosive detection equipment and screeners would be utilized to screen air cargo on passenger aircraft to the greatest extent practicable at each airport.

Increase Screening of Cargo on Passenger Aircraft Incrementally

The TSA Assistant Secretary would be required to work with air carriers and airports to ensure that the screening of cargo carried on passenger aircraft increases incrementally each quarter.

Not later than 45 days after the end of each quarter, the TSA Assistant Secretary would be required to submit to the House and Senate Appropriations Committees a report on air cargo inspection statistics by airport and air carrier detailing the incremental progress made to meet 49 USC 44901(g)(2).

(49 USC 44901(g)(2) requires the deployment of a minimum number of law enforcement personnel at airports.)

Complete Air Cargo Vulnerability Assessments

The FY 2007 appropriations for DHS included funding to complete air cargo vulnerability assessments at all Category X airports. While the Committee is pleased that TSA is adjusting its countermeasures based on the preliminary findings from initial assessments, it is concerned that all assessments will not be completed until the end of FY 2009. The Committee expects TSA to avoid unnecessary delays and complete these assessments expeditiously. TSA would be required to provide an updated briefing to the Committee on its findings by March 3, 2009.

(See ITT's Online Archives or 06/13/07 news, 07061330, for BP summary of FY 2007 DHS appropriations, which included a provision requiring the completion of air cargo vulnerability assessments for all Category X airports.)

Air Cargo Statistics Quarterly Report

The Committee directs TSA to continue to report quarterly on air cargo screening statistics, to note incremental progress, and any reason for non-compliance. The Committee continues to be concerned with the reliability of the data provided in the quarterly reports. The Committee directs TSA to take all possible measures to ensure air carriers are submitting data consistent with current security directives including enforcement action for non-compliance.

Surface Transportation Security

S. 3121 would provide $33,785,000 for surface transportation security staffing and operations to assess the risk of a terrorist attack on non-aviation modes; establish standards and procedures to address those risks; and ensure compliance with established regulations and policies.

Additional inspectors. S. 3181 would provide $29,721,000 for surface transportation security inspectors and canines, including funding for 50 additional Surface Transportation Security Inspectors (STSI). These additional positions would allow TSA to fulfill 9/11 Act mandates, such as: increasing compliance inspections, conducting system security evaluations, threat and vulnerability inspections, and responding to surface transportation security incidents.

(See ITT's Online Archives or 07/10/08 news, 08071015, for BP summary on the U.S. Customs and Border Protection and Immigration and Customs Enforcement aspects of S. 3181 and S. Rept. 110-396.)

S. 3181 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s3181pcs.txt.pdf.

Senate Appropriations Committee report (S. Rept. 110-396) available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_reports&docid=f:sr396.110.pdf.