GAO/TSA Update on the August 2010 100% Screening Mandate for Passenger Aircraft Cargo
On March 17, 2010, the Government Accountability Office testified before Congress1 on the Transportation and Security Administration's efforts to meet the 100% screening mandate for cargo on domestic and inbound (foreign) passenger aircraft by the August 2010 deadline2.
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(Domestic air cargo refers to cargo transported by air within the U.S. and from the U.S. to a foreign location by both U.S. and foreign-based air carriers; and inbound (foreign) cargo refers to cargo transported by U.S. and foreign-based air carriers from a foreign location to the U.S.)
Currently 50% of All Passenger Cargo Screened, 100% of Narrow Body Cargo
In separate testimony given by the TSA3, officials stated that its goal of screening 50% of all cargo on passenger aircraft and 100% of all cargo on narrow body passenger aircraft has been achieved, and that TSA was confident that it would achieve 100% screening of all domestic cargo by the August deadline. The official added that TSA was working with the supply chain to encourage maximum participation in the Certified Cargo Screening Program (CCSP).
Int'l CCSP in the works. TSA was also working with the International Civil Aviation Organization (ICAO) to develop a "supply chain approach" to securing air cargo on passenger flights, similar to TSA's CCSP.
Pending Domestic Air Cargo Screening Issues
Among the steps that TSA has taken to address domestic air cargo screening, GAO states the agency has revised its security programs to require more cargo to be screened; created the CCSP, a voluntary program to allow screening to take place earlier in the shipping process and at various points in the air cargo supply chain-including before the cargo is consolidated; issued an interim final rule, effective November 16, 2009, that, among other things, codifies the statutory air cargo screening requirements of the 9/11 Commission Act and establishes requirements for entities participating in the CCSP; established a technology pilot program to operationally test explosives trace detection (ETD) and X-ray technology.
(TSA had earlier stated that it was considering requiring passenger air carriers to increase the level of screening for air cargo uplifted in the U.S. from 50 to 75 percent by May 1, 2010. See ITT's Online Archives or 02/18/10 news, 10021805, for BP summary.)
Issues to resolve. The GAO lists three problems that TSA faces in achieving 100% domestic air cargo screening by August 2010:
CCSP participation. The voluntary nature of the CCSP may make it difficult to attract program participants needed to screen the required levels of domestic cargo.
CCSF oversight. TSA's Transportation Security Inspector (TSI) workforce is not fully staffed. Under the CCSP, in addition to performing inspections of air carriers and freight forwarders, TSIs are to also perform compliance inspections of new regulated entities that voluntarily become certified cargo screening facilities (CCSF), as well as conduct additional CCSF inspections of existing freight forwarders.
GAO states that TSA is evaluating the required number of TSIs needed to fully implement and oversee the program. However, TSA testified that the Administration is requesting funding for 50 additional TSIs for FY 2010, and that TSIs more than doubled the number of inspections completed in FY 2009.
Pending technology assessments. TSA has not yet completed assessments of the various technologies it plans to allow air carriers and program participants to use in meeting the August 2010 screening mandate. According to TSA officials, several X-ray and explosives detection systems (EDS) technologies successfully passed laboratory testing, and TSA placed them on a December 2009 list of qualified products that industry can use to screen cargo.
TSA plans to conduct field-testing and evaluation of these technologies in an operational environment. In addition, TSA plans to begin laboratory testing for Explosives Trace Detection (ETD), Electronic Metal Detection (EMD), and additional X-ray technologies in early 2010, and anticipates including these technologies on the list of qualified products the industry can use by the summer of 2010, before proceeding with operational testing.
Although these X-ray and ETD technologies have not yet been fully tested for effectiveness, GAO states that they are currently being used by industry participants to meet air cargo screening requirements.
(On February 4, 2010, TSA issued a Non-Sensitive Security Information (SSI) version of the above EDS, ETD, and X-ray technologies, which is available at http://www.tsa.gov/assets/pdf/non_ssi_qtl.pdf.)
Pending Inbound (Foreign) Air Cargo Screening Issues
GAO states that TSA has taken some steps to meet the 100% screening mandate as it applies to inbound (foreign) cargo.
Issues to resolve. TSA faces the following problems with respect to inbound (foreign) cargo meeting the 100% mandate:
Deadline cannot be met. TSA revised its requirements to, in general, require carriers to screen 50 percent of nonexempt inbound cargo. TSA also began harmonization of security standards with other nations through bilateral and quadrilateral discussions. In addition, TSA continues to work with Customs and Border Protection (CBP) to leverage an existing CBP system to identify and target high-risk air cargo. However, TSA does not expect to meet the mandated 100 percent screening level by August 2010.
International harmonization. TSA faces challenges in harmonizing the agency's air cargo security standards with those of other nations. (See information above on ICAOs.)
Inspection resources. TSA's international inspection resources are limited.
(See ITT's Online Archives or 12/03/09 news, 09120305, for BP summary on possible blanket extension of August 2010 deadline.
See ITT's Online Archives or 12/03/09 news, 09120305, for BP summary stating TSA needs to improve air cargo security during ground transport and handling.
See ITT's Online Archives or 11/17/09 news, 09111715, for BP summary of overlap in C-TPAT, CCSP approval process.
See ITT's Online Archives or 09/21/09 news, 09092115, for BP summary of TSA interim rule.
See ITT's Online Archives or 09/14/09 news, 09091420, for BP summary stating TSA was working on a CBP pilot.)
1This testimony was given before the Subcommittee on Transportation Security and Infrastructure Protection, Committee on Homeland Security, House of Representatives. It also covered TSA's revised Advanced Imaging Technology (AIT) procurement and deployment strategy, developed in response to the December 25, 2009 attempted attack on Northwest flight 253.
2The Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Commission Act) requires that by August 2010, 100 percent of cargo-domestic and inbound-transported on passenger aircraft be physically screened, either by physical examination or by nonintrusive methods.
The 100% screening must occur at the piece level, and airlines often lack the space and facilities for "de-palletizing", screening, and re-configuring wide-body containerized/palletized cargo; however most of this cargo flows through freight forwarders (consolidators), who typically "containerize/palletize" this cargo prior to tendering it to airlines. As a result, the voluntary CCSP is essential to meeting the 100% screening mandate.
3TSA's testimony was given on March 4, 2010, before the Subcommittee on Homeland Security, House Appropriations Committee.
GAO testimony entitled "TSA Is Increasing Procurement and Deployment of the Advanced Imaging Technology, but Challenges to This Effort and Other Areas of Aviation Security Remain" (dated March 17, 2010, GAO-10-484T) available at http://www.gao.gov/new.items/d10484t.pdf
TSA testimony at House Appropriations' Homeland Security Subcommittee (03/04/10) available at http://appropriations.house.gov/Witness_testimony/HS/Gale_Rossides-3-4-10.pdf
Non-SSI version of products that industry can use to screen cargo (dated 02/04/10) available at http://www.tsa.gov/assets/pdf/non_ssi_qtl.pdf
TSA Directory of CCSP Independent Cargo Screening Facilities (ICSF), available at http://www.tsa.gov/assets/pdf/cert_locations_a.pdf
TSA Directory of CCSP Freight Forwarder Facilities (IACs), available at http://www.tsa.gov/assets/pdf/cert_locations_b.pdf
TSA Directory of IACs authorized to maintain chain of custody of screened cargo, available at http://www.tsa.gov/assets/pdf/cert_locations_c.pdf
BP Note
In June 2009, TSA stated it was concerned that shippers may wait until it is too late to surmount the challenges of August 2010, when 100% of all pieces must be screened individually, adding that screening the difficult, complex, skidded cargo was still ahead and that an economic recovery would lead to a large increase in cargo volume. TSA was also concerned that if too many shippers wait until the "last minute" to recognize challenges and apply for CCSP, TSA would not have the resources to certify them in time for the August 2010 mandate. (06/05/09 TSA notice available at http://www.tsa.gov/assets/pdf/ccsp_at_a_glance.pdf )