On behalf of our Air Transport Association (ATA) members1, I would like to state our positions on four sections of the legislation being considered to implement the remaining 9/11 Commission recommendations.
Passenger Aircraft Cargo Screening
First and foremost, we strongly support the Senate’s language regarding the screening of air cargo. We believe that the requirements for air cargo screening in S. 4 would be more effective because they support the use of a risk-based, multi-layered inspection regime. The provisions in S. 4 recognize that different cargo poses different risks and provide the capability for the Transportation Security Administration (TSA), airlines and airports to customize security programs, using the multiple cargo screening and inspection techniques available based on the specific threats and risks posed. Further, this more flexible and customizable approach should greatly improve the security of passenger planes while not causing undue harm to our nation’s economic security. Section 406 of H.R. 1, in contrast, would add significant costs and delays to air cargo without measurably increasing security. Such an unworkable requirement would negatively affect our nation’s economy by potentially seriously harming businesses and their customers who rely on passenger planes for such things as emergency spare parts, products for just-in-time manufacturing, emergency medicine, diagnostic laboratory specimens and highly perishable goods.
S. 4 – Section 1463 – Blast Resistant Cargo Containers
We believe that Section 1463 is unnecessary and, unfortunately, will lead to wasted resources. Our recommended path to screening all cargo on passenger aircraft advocates expanded use of TSA canine teams for screening cargo, the establishment of a “certified shipper” program, greater deployment of explosive trace detection equipment, enhanced shipment targeting and further funding of research and development of technologies and processes that can improve both the effectiveness and efficiency of cargo screening. We believe that the Department of Homeland Security (DHS) is heading in the right direction on many of these fronts and, with adequate funding from Congress, the longstanding goal of screening all cargo on passenger aircraft can be realized, making any requirement for blast-resistant containers unnecessary.
S. 4 – Section 1471 – Appeal and Redress Process for Passengers Wrongly Delayed or Prohibited from Boarding a Flight
We are opposed to Section 1471, which proposes to amend Subtitle C of Title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) by adding a section to create an office of appeal and redress, and requires carriers to “automatically identify passengers determined, under the process established under subsection (a), to have been wrongly identified.” We find this section to be redundant as DHS has created an office of redress, DHS TRIP, and we do not feel that placing the burden on airlines to “automatically” identify passengers is the solution. Such a requirement would divert attention from where it properly belongs. Rather, as we have long advocated, the solution lies with the Department of Homeland Security cleaning up its no-fly and related lists and deploying Secure Flight.
S. 4 - Section 1473 – Repair Station Security
Section 1473 of S. 4 would curb the use of new foreign repair stations by U.S. air carriers if the Transportation Security Administration (TSA) does not issue repair station security rules mandated in Vision 100. This proposed section punishes U.S. airlines, manufacturers and maintenance providers for TSA’s delay and inaction. ATA and it member airlines fully support the requirements of Vision 100 and have urged TSA to move quickly with its rulemaking process. U.S. commercial aviation should not be penalized because of governmental inaction. We have fulfilled the requirements imposed on us; we should not be the target of congressional action.
Thank you for your consideration of our positions on the legislation being discussed to implement the remaining 9/11 Commission recommendations.
Click Here to Download Letter Sent to Senate Commerce, Science and Transportation Chairman Inouye and Co-Chairman Stevens (PDF 1.11mb)
Click Here to Download Letter Sent to House Homeland Security Chairman Benny Thompson and Ranking Member Peter King (PDF 1.14mb)
1 ATA members include ABX Air, Alaska Airlines, Aloha Airlines, American Airlines, ASTAR Air Cargo, Atlas Air, Continental Airlines, Delta Air Lines, Evergreen International Airlines, Federal Express Corporation, Hawaiian Airlines, JetBlue Airways Corp., Midwest Airlines, Northwest Airlines, Southwest Airlines Co., United Airlines, UPS Airlines, and US Airways. Associate members are: Air Canada, Air Jamaica Ltd., and Mexicana. ATA airline members alone transport more than 90 percent of all U.S. airline passenger and cargo traffic.