WASHINGTON, D.C. – Representative Edward J. Markey (D-MA), a senior member of the Homeland Security Committee and author of the 100 percent air cargo screening mandate signed into law in August 2007, expressed support today for the Transportation Security Administration’s (TSA) agreement with the European Union (EU) to screen air cargo on U.S.-bound passenger flights. Rep. Markey also reacted to a response he received from TSA Assistant Secretary Kip Hawley on overseas screening of cargo carried on passenger planes bound for the U.S.

"Billions of pounds of cargo enter the United States annually aboard passenger planes. Fully implementing the 100 percent screening mandate according to the law passed by Congress last year is critical to protecting passengers and crew members in our commercial aviation system," Rep. Markey said.

During a Homeland Security Committee hearing in July, Rep. Markey disputed the interpretation of the cargo screening mandate put forward by the TSA witness, who asserted that it only covered cargo on flights originating in the United States.  Following the hearing, Rep. Markey was joined by several of his colleagues in writing to TSA Assistant Secretary Kip Hawley to dispute this interpretation, provide the statutory language making clear that this interpretation was inconsistent with the letter and intent of the law and seek TSA's written legal analysis on this issue. Full text of the July 31^st letter here.

Mr. Hawley responded yesterday, Oct. 30^th, agreeing with the lawmakers.  Specifically, Mr. Hawley wrote that a reading of the statute "leads one to conclude that the definition of cargo includes cargo inbound to the United States from foreign countries" and stating that the law does indeed apply to "the screening of cargo that enters the United States from points outside the United States." Full text of the Oct. 30^th response here.

"I worked for more than five years to pass the law closing the air cargo loophole and requiring 100 percent screening of cargo carried in the belly of passenger planes. I am pleased that TSA has backed off any claims that cargo packed overseas and transported to our country on a passenger planes might be exempt from the screening requirement," said Rep. Markey. "The foiled London bombing plot two years ago made clear that aviation is at the top of Al Qaeda's terrorist target list. Questions remain about TSA's plans for ensuring the screening of air cargo bound for our country and look forward to continuing to work on this important issue."

The 100% air cargo screening mandate must be fully implemented by 2010, with a 50% implementation deadline in February 2009.

#  #  #