[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1429 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1429

  To provide for the improvement of security at airports and seaports.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2001

  Mr. Edwards introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To provide for the improvement of security at airports and seaports.

    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 ``Airport and Seaport Terrorism 
Prevention Act''.

                 TITLE I--SEAPORT SECURITY IMPROVEMENT

SEC. 101. PORT SECURITY INFRASTRUCTURE IMPROVEMENT.

    (a) In General.--Title XI of the Merchant Marine Act, 1936 (46 
U.S.C. App. 1271 et seq.) is amended by adding at the end thereof the 
following:

``SEC. 1113. GRANTS FOR PORT SECURITY INFRASTRUCTURE IMPROVEMENTS.

    ``(a) In General.--The Secretary, under section 1103(a) and subject 
to the terms the Secretary shall prescribe, and after consultation with 
the United States Coast Guard and the United States Customs Service, 
shall provide grants for seaport security infrastructure improvements 
for an eligible project at any United States seaport involved in 
international trade.
    ``(b) Eligible Projects.--A project is eligible for a grant under 
subsection (a) if it is for the construction, acquisition, or 
deployment of surveillance equipment and technology, including--
            ``(1) surveillance cameras with video feed to regional and 
        national offices of the United States Customs Service that 
        provide real-time information, observation, and situation 
        status;
            ``(2) a pilot program for iris recognition or similar 
        biometric technology for port workers with access to secure 
        areas;
            ``(3) x-ray, ultrasound, and laser scanners to scan cargo 
        containers; and
            ``(4) radiation monitors and other devices capable of 
        detecting weapons of mass destruction, including chemical, 
        biological, or similar substances.
    ``(c) Amount of Grants.--The Secretary shall determine the amount 
of each grant based on available funding, not to exceed $250,000 for 
any one grant.
    ``(d) Project Proposals.--Each proposal for a grant under this 
section shall include the following:
            ``(1) The name of the individual or entity responsible for 
        conducting the project.
            ``(2) A succinct statement of the purposes of the project.
            ``(3) A description of the qualifications of the 
        individuals who will conduct the project.
            ``(4) An estimate of the funds and time required to 
        complete the project.
            ``(5) Evidence of support of the project by appropriate 
        representatives of States or territories of the United States 
        or other government jurisdictions in which the project will be 
        conducted.
            ``(6) Information regarding the source and amount of 
        matching funding available to the applicant, as appropriate.
            ``(7) Any other information the Secretary considers to be 
        necessary for evaluating the eligibility of the project for 
        funding under this title.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for grants under 
section 1113 of the Merchant Marine Act, 1936, such funds as may be 
necessary for each of the fiscal years 2002, 2003, 2004, and 2005.

SEC. 102. PILOT PROGRAM FOR TRACKING AND ANTI-TAMPERING.

    (a) In General.--The Secretary of Transportation shall, in 
cooperation with the United States Customs Service and private 
shippers, establish a pilot program to track cargo within the United 
States, so that cargo can be tracked from the time it arrives in the 
United States until it reaches its final destination.
    (b) Anti-Tampering Program.--The Secretary shall, in cooperation 
with the United States Customs Service and the Maritime Administration, 
develop and implement anti-tampering standards to ensure that cargo 
containers cannot be opened or tampered with during shipment within the 
United States.

SEC. 103. EVALUATION OF TECHNOLOGY.

    The Coast Guard and the Maritime Administration shall work with the 
National Academy of Sciences to establish a panel to evaluate and 
assess technologies deployed to improve port security and to facilitate 
development of public-private partnerships to assess and improve 
seaport security.

SEC. 104. COAST GUARD DOMESTIC PORT SECURITY UNITS.

    (a) In General.--The Commandant of the Coast Guard and the 
Administrator of the Maritime Administration shall establish Domestic 
Port Security Units and shall develop port response plans. The Domestic 
Port Security Units shall consist of teams of personnel trained in 
anti-terrorism activities that can be rapidly deployed to any port area 
threatened with terrorist activity.
    (b) Authorization.--There are authorized to be appropriated 
$8,000,000 each fiscal year for each Domestic Port Security Unit.

                 TITLE II--AIRPORT SECURITY IMPROVEMENT

SEC. 201. SCREENING PASSENGERS AND PROPERTY.

    Section 44901 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Additional Actions.--The Administrator shall immediately 
undertake a study of additional actions that can be taken by security 
personnel at airports and on air carriers to enhance security and make 
security more visible. Not later than 6 months after the date of 
enactment of the Airport and Seaport Terrorism Prevention Act, the 
Administrator shall report to Congress the results of the study.

SEC. 202. AIR TRANSPORTATION SECURITY.

    Section 44903 of title 49, United States Code, is amended--
            (1) in subsection (c)(2)(C), by adding at the end the 
        following:
                            ``(iv) Maximum use of chemical and 
                        biological weapon detection equipment.--The 
                        Administrator shall require airports to 
                        maximize the use of technology and equipment 
                        that is designed to detect potential chemical 
                        or biological weapons.
                            ``(v) Maximum use of additional inspection 
                        and detection technology.--The Administrator 
                        shall require airports to maximize the use of 
                        available nonintrusive and other inspection and 
                        detection technology that may be approved by 
                        the Administrator for the purpose of screening 
                        passengers, baggage, or cargo.'';
            (2) by adding at the end of subsection (d) the following 
        flush sentence: ``The Secretary of Transportation, with the 
        approval of the Attorney General and the Secretary of State, 
        shall prescribe regulations specifying the law enforcement 
        officers, including United States Customs agents, Federal 
        Bureau of Investigation agents, and State and local law 
        enforcement officers that may make arrests on planes.'';
            (3) by adding at the end of subsection (g)(1) the following 
        new subparagraph:
                    ``(C) Report of infractions.--The Administrator 
                shall report to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Commerce of the House of Representatives at least once 
                a year the number of violations or infractions by 
                employees, including information regarding the 
                sanctions taken. The report shall be confidential to 
                protect national security interests.'';
            (4) by amending subsection (g)(2)(A) to read as follows:
                    ``(A) immediately work with airport operators, air 
                carriers, and Federal law enforcement officers, as 
                deemed appropriate by the airport security officer, to 
                implement new and strengthen existing controls to 
                eliminate airport access control weaknesses on an 
                ongoing basis, including the use of inspection or 
                detection technology capable of detecting chemical, 
                biological, or other potentially hazardous 
                substances;'';
            (5) by amending subsection (g)(2)(D) to read as follows:
                    ``(D) on an ongoing basis, assess and test for 
                compliance with access control requirements, report 
                annually findings of the assessments, and assess the 
                effectiveness of penalties in ensuring compliance with 
                security procedures and take any other appropriate 
                enforcement actions when noncompliance is found;''; and
            (6) by amending subsection (g)(2)(G) to read as follows:
                    ``(G) require airport operators and air carriers to 
                strengthen access control points in secured areas 
                (including air traffic control operations areas, 
                maintenance areas, crew lounges, baggage handling 
                areas, and catering delivery areas) to ensure the 
                security of passengers and aircraft by using biometric 
                or similar technologies that identify individuals based 
                on unique personal characteristics.''.

SEC. 203. DOMESTIC AIR TRANSPORTATION SYSTEM SECURITY.

    (a) Assessing Threats.--The first sentence of section 44904(a) of 
title 49, United States Code, is amended to read as follows: ``The 
Administrator of the Federal Aviation Administration and the Director 
of the Federal Bureau of Investigation jointly, and in consultation 
with the United States Customs Service, the Immigration and 
Naturalization Service, and such other Federal agencies as the 
Administrator may deem appropriate or as recommended by the Airport 
Director of Intelligence and Security and, if appropriate, with the 
Center for Civil Force Protection, shall assess current and potential 
threats to the domestic air transportation system. Such assessments 
shall begin not later than 30 days after the date of enactment of the 
Airport and Seaport Terrorism Prevention Act.''.
    (b) Airport Security Committees.--Section 44904 is amended by 
adding at the end the following new subsection:
    ``(d) Airport Security.--
            ``(1) Establishment of committees.--The Administrator shall 
        establish within each of the largest 100 airports an airport 
        security committee. Each committee shall be responsible for--
                    ``(A) defining the physical boundaries within which 
                to conduct vulnerability assessments, taking into 
                account the unique characteristics of each airport;
                    ``(B) reviewing airport security vulnerability 
                assessments;
                    ``(C) helping to coordinate the planning and other 
                necessary security activities by conducting meetings 
                not less frequently than 4 times each year;
                    ``(D) disseminating information that will 
                facilitate law enforcement activities; and
                    ``(E) conducting an exercise at least once every 3 
                years to verify the effectiveness of each airport 
                security plan.
            ``(2) Membership.--In establishing airport security 
        committees, the Administrator shall require that each committee 
        include representatives of--
                    ``(A) Federal, State, and local government;
                    ``(B) Federal, State, and local government law 
                enforcement agencies;
                    ``(C) labor organizations and transportation 
                workers;
                    ``(D) air carriers using the airport; and
                    ``(E) other private sector representatives as 
                deemed appropriate by the Federal Security Manager.
            ``(3) Chairperson.--Each airport security committee shall 
        be chaired by the Federal Security Manager.
            ``(4) Exemption from faca.--The Federal Advisory Committee 
        Act (5 U.S.C. App.) shall not apply to an airport security 
        committee.
            ``(5) Acceptance of contributions; joint venture 
        arrangements.--In carrying out its responsibilities under this 
        title, an airport security committee, or a member organization 
        or representative acting with the committee's consent, may 
        accept contributions of funds, material, services, and the use 
        of personnel and facilities from public and private entities by 
        contract or other arrangement if the confidentiality of 
        security-sensitive information is maintained and access to such 
        information is limited appropriately.''.

SEC. 204. TRAVEL ADVISORIES.

    (a) In General.--Section 44908 of title 49, United States Code, is 
amended--
            (1) by amending subsection (a)(2) to read as follows:
            ``(2) shall publicize the advisory widely, including both 
        at domestic airports and on the Department of Transportation 
        and Federal Aviation Administration websites.''; and
            (2) by adding at the end the following new subsection:
    ``(d) State of Emergency.--In the event the President declares a 
state of emergency, the Administrator of the Federal Aviation 
Administration shall have the authority to establish additional 
security protections and restrictions as deemed appropriate to ensure 
the safety of passengers and the national aviation system. The 
Administrator shall report to Congress and to the President any action 
the Administrator proposes to take before implementing such action.''.

SEC. 205. PASSENGER MANIFESTS.

    Section 44909(a) of title 49, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(4) In the case of flights originating outside the United States, 
passenger manifests, including passport numbers, shall be transmitted 
to the United States Customs Service before the plane lands in the 
United States. The Secretary of Transportation may impose a similar 
requirement on foreign air carriers.''.

SEC. 206. INTELLIGENCE.

    (a) Policies and Procedures.--Section 44911(b) of title 49, United 
States Code, is amended by striking ``international terrorism'' and 
inserting ``international and domestic terrorism''.
    (b) Unit for Strategic Planning on Terrorism.--Section 44911(c) is 
amended--
            (1) by striking ``shall consider placing'' and inserting 
        ``shall establish''; and
            (2) by adding at the end the following: ``The head of each 
        unit shall work with Federal Security Managers at individual 
        airports.''.

SEC. 207. RESEARCH AND DEVELOPMENT.

    Section 44912(b) of title 49, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``November 16, 1990'' 
        and inserting ``October 1, 2001'';
            (2) by redesignating subparagraphs (D) through (F) as 
        subparagraphs (E) through (G), respectively; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) the potential release of chemical, 
                biological, or similar weapons or devices either within 
                an aircraft or within an airport;''.

SEC. 208. EXPLOSIVE DETECTION.

    Section 44913(a)(3) of title 49, United States Code, is amended by 
adding at the end the following new sentence: ``The Administrator of 
the Federal Aviation Administration shall deploy the most up-to-date 
technology that is available and certified for inspecting passengers, 
baggage, and cargo for chemical, biological, or similar substance.''.

SEC. 209. ASSESSMENTS AND EVALUATIONS.

    (a) Periodic Assessments.--Section 44916(a) of title 49, United 
States Code, is amended by striking ``periodic audits of such 
assessments'' and inserting ``audits of such assessments at least once 
a year''.
    (b) Investigations.--Section 44916(b) of title 49, United States 
Code, is amended by adding at the end the following new sentence: ``The 
Administrator shall report to Congress on a confidential basis the 
results of the investigation.

SEC. 210. REVIEW AND DEVELOPMENT OF WAYS TO STRENGTHEN SECURITY.

    Section 44932(c) of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``;''; and
            (3) by adding at the end the following:
            ``(6) to strengthen and enhance the ability to detect 
        nonexplosive weapons, such as biological, chemical, or similar 
        substances;
            ``(7) to ensure the use of the best available x-ray and 
        other equipment for air transportation inspection and security 
        purposes;
            ``(8) to evaluate such additional measures as may be 
        appropriate to enhance physical inspection of passengers, 
        luggage, and cargo; and
            ``(9) to inspect aircraft cabins, holds, and other areas 
        prior to boarding passengers to ensure safety of the aircraft 
        and to ensure that no item that may be used as a weapon is on 
        the plane.''.

SEC. 211. FEDERAL SECURITY MANAGERS.

    (a) In General.--Section 44933(a) of title 49, United States Code, 
is amended by striking ``at each airport'' and inserting ``at at least 
the 100 largest airports''.
    (b) Duties.--Section 44933(b) of title 49, United States Code, is 
amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(8) shall serve as chairperson of the airport security 
        committee established under section 44904.''.

SEC. 212. EMPLOYMENT STANDARDS AND TRAINING.

    Section 44935 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(g) Additional Requirements.--The Administrator shall prescribe 
regulations requiring additional training for existing screeners to 
ensure that the screeners are proficient in using the most up-to-date 
new technology and to ensure their proficiency in recognizing new 
threats and weapons. The Administrator shall make periodic assessments 
to determine if there are ``dual use'' items and shall inform the 
Federal Security Managers, who will then inform security screening 
personnel, of the existence of such items. Current lists of dual use 
items shall be part of the ongoing training for screeners. For purposes 
of this subsection, the term ``dual use item'' means an item that may 
seem harmless but that may be used as a weapon if allowed in carry-on 
luggage.''.

SEC. 213. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.

    Section 44936(a) of title 49, United States Code, is amended by 
adding at the end the following new paragraphs:
    ``(4) The Administrator of the Federal Aviation Administration 
shall consider the feasibility of requiring background checks of 
personnel that may be performing contract services for airports or air 
carriers, including construction contractors, caterers, and other 
personnel who have access to airports or air carriers. The 
Administrator of the Federal Aviation Administration shall immediately 
strengthen existing and develop new security measures relating to 
contractors, caterers, and other personnel that are not currently 
subject to background checks.
    ``(5) The Administrator shall establish pilot programs in no fewer 
than 20 airports to test and evaluate new and emerging technology for 
providing access control and other security protections for closed or 
secure areas of the airports. Such technology may include biometric or 
other technology that ensures only authorized access to secure 
areas.''.

SEC. 214. ADDITIONAL ASSESSMENTS AND REPORTS.

    (a) In General.--Subchapter II of chapter 449 of title 49, United 
States Code, is amended by adding at the end the following new section:
``Sec. 44939. Additional assessments and reports
    ``(a) In General.--The Administrator of the Federal Aviation 
Administration shall study options for improving the physical security 
of airports and of airplanes (in conjunction with private industry as 
appropriate), with a view towards--
            ``(1) improving security of the cockpit and flight 
        attendant areas;
            ``(2) establishing emergency communication devices in the 
        cockpit and flight attendant areas that are linked to the 
        Federal Aviation Administration; and
            ``(3) providing real-time audio feed in the event of an 
        emergency.
    ``(b) Assessment.--The Administrator shall conduct an assessment, 
in conjunction with such other Government agencies as may be 
appropriate, of the vulnerability of the air traffic control system and 
other computer-based systems in place at airports.
    ``(c) Report.--The Administrator shall report to Congress, not 
later than 90 days after the date of enactment of the Airport and 
Seaport Terrorism Prevention Act, on the progress made by Federal 
Aviation Administration to comply with existing requirements and 
regulations governing air traffic control security, security checkpoint 
screener certification, background checks, and deployment of inspection 
and detection technology.
    ``(d) Examination of Screening Responsibilities.--The Administrator 
shall examine the feasibility of moving screening responsibilities to 
the Federal government away from airports and air carriers. The 
examination shall include an evaluation by the Federal Aviation 
Administration of problems associated with high turnover of screeners, 
including low wages, minimal benefits, job stress, level training, and 
other factors as may be appropriate.''.
    (b) Conforming Amendment.--The analysis for subchapter II of 
chapter 449 of title 49, United States Code, is amended by adding at 
the end the following:

``44939. Additional assessments and reports.''.
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