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108th CONGRESS
2d Session
S. 2393
To improve aviation security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 6, 2004
Mr. Rockefeller (for himself, Mr. McCain, and Mr. Hollings) introduced
the following bill; which was read twice and referred to the Committee
on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve aviation security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Security Advancement Act''.
SEC. 2. AVIATION SECURITY STAFFING.
(a) Staffing Level Standards.--
(1) Development of standards.--Within 90 days after the
date of enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Transportation
and Federal Security Directors, shall develop standards for
determining the appropriate aviation security staffing
standards for all commercial airports in the United States
necessary--
(A) to provide necessary levels of aviation
security; and
(B) to ensure that the average aviation security-
related delay experienced by airline passengers does
not exceed 10 minutes.
(2) GAO analysis.--The Comptroller General shall, as soon
as practicable after the date on which the Secretary of
Homeland Security has developed standards under paragraph (1),
conduct an expedited analysis of the standards for
effectiveness, administrability, ease of compliance, and
consistency with the requirements of existing law.
(3) Report to congress.--Within 120 days after the date of
enactment of this Act, the Secretary of Homeland Security and
the Comptroller General shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure on the standards developed under paragraph (1),
together with recommendations for further improving the
efficiency and effectiveness of the screening process.
(b) Integration of Federal Airport Workforce and Aviation
Security.--The Secretary of Homeland Security shall conduct a study of
the feasibility of combining operations of Federal employees involved
in screening at commercial airports and aviation security related
functions under the aegis of the Department of Homeland Security in
order to coordinate security-related activities, increase the
efficiency and effectiveness of those activities, and increase
commercial air transportation security.
SEC. 3. IMPROVED AIR CARGO AND AIRPORT SECURITY.
(a) In General.--There are authorized to be appropriated to the
Secretary of Homeland Security for the use of the Transportation
Security Administration, in addition to any amounts otherwise
authorized by law, for the purpose of improving aviation security
related to the transportation of cargo on both passenger aircraft and
all-cargo aircraft--
(1) $200,000,000 for fiscal year 2005;
(2) $200,000,000 for fiscal year 2006; and
(3) $200,000,000 for fiscal year 2007.
(b) Next-Generation Cargo Security Grant Program.--
(1) In general.--The Secretary shall establish and carry
out a grant program to facilitate the development, testing,
purchase, and deployment of next-generation air cargo security
technology. The Secretary shall establish such eligibility
criteria, establish such application and administrative
procedures, and provide for such matching funding requirements,
if any, as may be necessary and appropriate to ensure that the
technology is deployed as fully and as rapidly as practicable.
(2) Research and development; deployment.--To carry out
paragraph (1), there are authorized to be appropriated to the
Secretary for research and development related to next-
generation air cargo security technology as well as for
deployment and installation of next-generation air cargo
security technology, such sums are to remain available until
expended--
(A) $100,000,000 for fiscal year 2005;
(B) $100,000,000 for fiscal year 2006; and
(C) $100,000,000 for fiscal year 2007.
(c) Authorization for Expiring and New LOIs.--There are authorized
to be appropriated to the Secretary $150,000,000 for each of fiscal
years 2005 through 2007 to fund projects and activities for which
letters of intent are issued under section 44923 of title 49, United
States Code, after the date of enactment of this Act.
(d) Reports.--The Secretary shall transmit periodic reports no less
frequently than every 6 months to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure on--
(1) the progress being made toward, and the status of,
deployment and installation of next-generation air cargo
security technology under subsection (b); and
(2) the amount and purpose of grants under subsection (b)
and the locations of projects funded by such grants.
SEC. 4. AIR CARGO SECURITY MEASURES.
(a) Enhancement of Air Cargo Security.--The Secretary of Homeland
Security, in consultation with the Secretary of Transportation, shall
develop and implement a plan to enhance air cargo security at airports
for commercial passenger and cargo aircraft that incorporates the
recommendations made by the Cargo Security Working Group of the
Aviation Security Advisory Committee.
(b) Supply Chain Security.--The Administrator of the Transportation
Security Administration shall--
(1) promulgate regulations requiring the evaluation of
indirect air carriers and ground handling agents, including
background checks and checks against all Administration watch
lists; and
(2) evaluate the potential efficacy of increased use of
canine detection teams to inspect air cargo on passenger and
all-cargo aircraft.
(c) All-Cargo Aircraft Security.--Subchapter I of chapter 449,
United States Code, is amended by adding at the end the following:
``Sec. 44925. All-cargo aircraft security
``(a) Access to Flight Deck.--Within 180 days after the date of
enactment of this Act, the Administrator of the Transportation Security
Administration, in coordination with the Federal Aviation
Administrator, shall--
``(1) issue an order (without regard to the provisions of
chapter 5 of title 5)--
``(A) requiring, to the extent consistent with
engineering and safety standards, that all-cargo
aircraft operators engaged in air transportation or
intrastate air transportation maintain a barrier, which
may include the use of a hardened cockpit door, between
the aircraft flight deck and the aircraft cargo
compartment sufficient to prevent unauthorized access
to the flight deck from the cargo compartment, in
accordance with the terms of a plan presented to and
accepted by the Administrator of the Transportation
Security Administration in consultation with the
Federal Aviation Administrator; and
``(B) prohibiting the possession of a key to a
flight deck door by any member of the flight crew who
is not assigned to the flight deck; and
``(2) take such other action, including modification of
safety and security procedures and flight deck redesign, as may
be necessary to ensure the safety and security of the flight
deck.
``(b) Screening and Other Measures.--Within 1 year after the date
of enactment of this Act, the Administrator of the Transportation
Security Administration, in coordination with the Federal Aviation
Administrator, shall issue an order (without regard to the provisions
of chapter 5 of title 5) requiring--
``(1) all-cargo aircraft operators engaged in air
transportation or intrastate air transportation to physically
screen each person, and that person's baggage and personal
effects, to be transported on an all-cargo aircraft engaged in
air transportation or intrastate air transportation;
``(2) each such aircraft to be physically searched before
the first leg of the first flight of the aircraft each day, or,
for inbound international operations, at aircraft operator's
option prior to the departure of any such flight for a point in
the United States; and
``(3) each such aircraft that is unattended overnight to be
secured or sealed or to have access stairs, if any, removed
from the aircraft.
``(c) Alternative Measures.--The Administrator of the
Transportation Security Administration, in coordination with the
Federal Aviation Administrator, may authorize alternative means of
compliance with any requirement imposed under this section.''.
(d) Conforming Amendment.--The subchapter analysis for subchapter I
of chapter 449, United States Code, is amended by adding at the end the
following:
``44925. All-cargo aircraft security.''.
SEC. 5. EXPLOSIVE DETECTION SYSTEMS.
(a) In-Line Placement of Explosive-Detection Equipment.--Within 180
days after the date of enactment of this Act, the Secretary of Homeland
Security shall establish a schedule for replacing trace-detection
equipment used for in-line baggage screening purposes as soon as
practicable with explosive detection system equipment. The Secretary
shall notify the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure of the schedule and provide an
estimate of the impact of replacing such equipment, facility
modification and baggage conveyor placement, on aviation security-
related staffing needs and levels.
(b) Next Generation EDS.--There are authorized to be appropriated
to the Secretary of Homeland Security for the use of the Transportation
Security Administration $100,000,000, in addition to any amounts
otherwise authorized by law, for the purpose of research and
development of next generation explosive detection systems for aviation
security under section 44913 of title 49, United States Code. The
Secretary shall develop a plan and guidelines for implementing improved
explosive detection system equipment.
(c) Portal Detection Systems.--There are authorized to be
appropriated to the Secretary of Homeland Security for the use of the
Transportation Security Administration $250,000,000, in addition to any
amounts otherwise authorized by law, for research and development and
installation of portal detection systems or similar devices for the
detection of biological, radiological, and explosive materials. The
Secretary of Homeland Security, in consultation with the Secretary of
Transportation, shall establish a pilot program at not more than 10
commercial service airports to evaluate the use of such systems.
(d) Reports.--The Secretary shall transmit periodic reports no less
frequently than every 6 months to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure on research and development
projects funded under subsection (b) or (c), and the pilot program
established under subsection (c), including cost estimates for each
phase of such projects and total project costs.
SEC. 6. AIR MARSHAL PROGRAM.
(a) Cross-Training.--The Secretary of Homeland Security shall
transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure a report on the potential for cross-
training of individuals who serve as air marshals and on the need for
providing contingency funding for air marshal operations.
(b) Authorization of Additional Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland Security for
the use of the Transportation Security Administration, in addition to
any amounts otherwise authorized by law, for the deployment of Federal
Air Marshals under section 44917 of title 49, United States Code,
$83,000,000 for the 3 fiscal year period beginning with fiscal year
2005, such sums to remain available until expended.
SEC. 7. TSA-RELATED BAGGAGE CLAIM ISSUES STUDY.
Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the Secretary of
Transportation, shall transmit to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure a report on the present system for
addressing lost, stolen, damaged, or pilfered baggage claims relating
to air transportation security screening procedures. The report shall
include--
(1) information concerning the time it takes to settle such
claims under the present system;
(2) a comparison and analysis of the number, frequency, and
nature of such claims before and after enactment of the
Aviation and Transportation Security Act using data provided by
the major United States airlines; and
(3) recommendations on how to improve the involvement and
participation of the airlines in the baggage screening and
handling processes and better coordinate the activities of
Federal baggage screeners with airline operations.
SEC. 8. REPORT ON IMPLEMENTATION OF GAO HOMELAND SECURITY INFORMATION
SHARING RECOMMENDATIONS.
Within 30 days after the date of enactment of this Act, the
Secretary of Homeland Security, after consultation with the heads of
Federal departments and agencies concerned, shall transmit to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure a
report on implementation of recommendations contained in the General
Accounting Office's report titled ``Homeland Security: Efforts To
Improve Information Sharing Need To Be Strengthened'' (GAO-03-760),
August, 2003.
SEC. 9. AVIATION SECURITY RESEARCH AND DEVELOPMENT.
(a) Biometrics.--There are authorized to be appropriated to the
Secretary of Homeland Security for the use of the Transportation
Security Administration $20,000,000, in addition to any amounts
otherwise authorized by law, for research and development of biometric
technology applications to aviation security.
(b) Biometrics Centers of Excellence.--There are authorized to be
appropriated to the Secretary of Homeland Security for the use of the
Transportation Security Administration $1,000,000, in addition to any
amounts otherwise authorized by law, for the establishment of
competitive centers of excellence at the national laboratories.
SEC. 10. PERIMETER ACCESS TECHNOLOGY.
There are authorized to be appropriated to the Secretary of
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