House Democrats and Speaker Nancy Pelosi have delivered on their promise to pass homeland security legislation that addresses the bulk of the Sept. 11 Commission's unmet recommendations early in the congressional session, but the White House says it can't support the legislation that was passed by the House Tuesday night.

The White House Office of Management and Budget (OMB) said it supports the underlying intent of the bill (H.R.1), but it has "serious concerns with several of the bill's provisions. One provision that troubles OMB -- and the aviation industry -- would phase in requirements over the next three years to inspect all cargo on passenger aircraft to the same degree passengers and their baggage are screened. Industry groups and the White House say the technology doesn't exist yet to meet those standards without impeding commerce. Airlines are also concerned about who would be expected to pay for the new requirements.

In the Senate, which has yet to introduce its bill, aviation subcommittee Chairman Sen. Jay Rockefeller (D-W.Va.) says it will be tough to devise a system "that screens all cargo without grinding our aviation system to a halt." While he favors screening 100% of airline cargo, Rockefeller is worried about putting the "full burden of air cargo security on the airlines themselves." He said yesterday that Congress must find a way "for the entire supply chain to bear responsibility for the security of cargo."

The White House also "opposes the establishment of a separate fund to provide $250 million in new passenger screening equipment in 2008. The Transportation Security Administration's Passenger Screening Program already provides for technology that screens passengers and their personal property to deter, detect, and prevent transportation of explosives and weapons on commercial aircraft," the OMB said. The White House said it "strongly opposes" language allowing TSA screeners to unionize, a measure the White House says was not among the Sept. 11 Commission's 41 recommendations.

As the Air Transport Association points out, the House bill was "the first step" in the legislative process. ATA said it "look[s] forward to working with the Senate in the course of the legislative process to ensure that any security mandates relating to cargo screening focus on realistic solutions and are properly funded...by the federal government." Instead of full physical screening, ATA and other aviation groups propose a "multilayered, risk-based" approach, including more canine teams and trace detection units, a certified shipper program, and more R&D spending on new screening technology.

The Airforwarders Association said the "system of inspection" referred to in H.R.1 is more palatable than earlier proposals requiring all cargo to be inspected only by technology or personnel. The H.R. 1 language "appears to support" a multi-layered approach, the association said. However, it still opposes the "rapid phase-in period," which would slow down the shipment of perishable goods and just-in-time cargo.