[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2949 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2949

   To provide for enhanced aviation security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2002

Mr. Hollings (for himself, Mr. McCain, Mr. Rockefeller, Mrs. Hutchison, 
and Mrs. Boxer) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To provide for enhanced aviation security, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49.

    (a) Short Title.--This Act may be cited as the ``Aviation Security 
Improvement Act''.
    (b) Amendment of Title 49.--Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or a repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of title 49, United States Code.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title; amendment of title 49.
Sec. 2. Table of contents.
                  TITLE I--EXPLOSIVE DETECTION SYSTEMS

Sec. 101. Explosive detection systems.
                      TITLE II--AIR CARGO SECURITY

Sec. 201. Inspection of cargo carried aboard passenger aircraft.
Sec. 202. Air cargo shipping.
Sec. 203. Cargo carried aboard passenger aircraft.
Sec. 204. Training program for cargo handlers.
Sec. 205. Cargo carried aboard all-cargo aircraft.
                  TITLE III--PASSENGER IDENTIFICATION

Sec. 301. Passenger identification.
Sec. 302. Passenger identification verification.
              TITLE IV--CIRCUMVENTION OF AIRPORT SECURITY

Sec. 401. Prohibition on unauthorized circumvention of airport security 
                            systems and procedures.
                      TITLE V--WAR RISK INSURANCE

Sec. 501. War risk insurance for certain aircraft.
          TITLE VI--BLAST RESISTANT CARGO CONTAINER TECHNOLOGY

Sec. 601. Blast-resistant cargo container technology.
                    TITLE VII--TECHNICAL CORRECTIONS

Sec. 701. Technical corrections.

                  TITLE I--EXPLOSIVE DETECTION SYSTEMS

SEC. 101. EXPLOSIVE DETECTION SYSTEMS.

    Section 44901(d) is amended by adding at the end the following:
            ``(2) Failure to meet deadline.--
                    ``(A) In general.--If the Under Secretary of 
                Transportation for Security determines that the 
                Transportation Security Administration is not able to 
                deploy explosive detection systems required to be 
                deployed under paragraph (1) at all airports where 
                explosive detection systems are required by December 
                31, 2002, then with respect to each airport for which 
                the Under Secretary makes that determination--
                            ``(i) the Under Secretary shall submit to 
                        the Senate Committee on Commerce, Science, and 
                        Transportation and the House of Representatives 
                        Committee on Transportation and Infrastructure 
                        a detailed plan (which may be submitted in 
                        classified form) for the deployment of the 
                        number of explosive detection systems at that 
                        airport necessary to meet the requiremens of 
                        paragraph (1) as soon as practicable at that 
                        airport; and
                            ``(ii) the Under Secretary shall take all 
                        necessary action to ensure that alternative 
                        means of screening all checked baggage is 
                        implemented until the requirements of paragraph 
                        (1) have been met.
                    ``(B) Criteria for determination.--In making a 
                determination under subparagraph (A), the Under 
                Secretary shall take into account--
                            ``(i) the nature and extent of the required 
                        modifications to the airport's terminal 
                        buildings, and the technical, engineering, 
                        design and construction issues;
                            ``(ii) the need to ensure that such 
                        installations and modifications are effective; 
                        and
                            ``(iii) the feasibility and cost-
                        effectiveness of deploying explosive detection 
                        systems in the baggage sorting area or other 
                        non-public area rather than the lobby of an 
                        airport terminal building.
                    ``(C) Limitation.--The Under Secretary may not make 
                a determination under subparagraph (A) in the case of 
                more than 40 airports.
                    ``(D) Airport effort required.--Each airport with 
                respect to which the Under Secretary makes a 
                determination under subparagraph (A) shall--
                            ``(i) cooperate fully with the 
                        Transportation Security Administration with 
                        respect to screening checked baggage and 
                        changes to accommodate explosive detection 
                        systems; and
                            ``(ii) make security projects a priority 
                        for the obligation or expenditure of funds made 
                        available under chapter 417 or 471 until 
                        explosive detection systems required to be 
                        deployed under paragraph (1) have been deployed 
                        at that airport.
            ``(3) Reports.--
                    ``(A) In general.--Until the Transportation 
                Security Administration has met the requirements of 
                paragraph (1), the Under Secretary shall submit a 
                classified report every 30 days after the date of 
                enactment of the Aviation Security Improvement Act to 
                the Senate Committee on Commerce, Science, and 
                Transportation and the House of Representatives 
                Committee on Transportation and Infrastructure 
                describing the progress made toward meeting such 
                requirements at each airport.
                    ``(B) Limit on number of reports.--The Under 
                Secretary shall submit reports for each airport until 
                the requirements of paragraph (1) have been met, but 
                may not submit more than 6 reports for any airport.''.

                      TITLE II--AIR CARGO SECURITY

SEC. 201. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    Section 44901(f) is amended to read as follows:
    ``(f) Cargo.--
            ``(1) In general.--The Under Secretary of Transportation 
        for Security shall establish a system to screen, inspect, or 
        otherwise ensure the security of all cargo that is to be 
        transported in--
                    ``(A) passenger aircraft operated by an air carrier 
                or foreign air carrier in air transportation or 
                intrastate air transportation; or
                    ``(B) all-cargo aircraft in air transportation and 
                intrastate air transportation.
            ``(2) Strategic plan.--The Under Secretary shall develop a 
        strategic plan to carry out paragraph (1).''.

SEC. 202. AIR CARGO SHIPPING.

    (a) In General.--Subchapter I of chapter 449, is amended by adding 
at the end the following:
``Sec. 44921. Regular Inspections of air cargo shipping facilities
    ``The Under Secretary of Transportation for Security shall 
establish a system for the regular inspection of shipping facilities 
for shipments of cargo transported in air transportation or intrastate 
air transportation to ensure that appropriate security controls, 
systems, and protocols are observed, and shall enter into such 
arrangements with the civil aviation authorities, or other appropriate 
officials, of foreign countries to ensure that inspections are 
conducted on a regular basis at shipping facilities for cargo 
transported in air transportation to the United States.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 449 is 
amended by adding at the end the following:

``44921. Regular inspections of air cargo shipping facilities.''.

SEC. 203. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    (a) In General.--Subchapter I of chapter 449, is further amended by 
adding at the end the following:
``Sec.  44922. Air cargo security
    ``(a) Database.--The Under Secretary of Transportation for Security 
shall establish an industry-wide database of known shippers of cargo 
that is to be transported in passenger aircraft operated by an air 
carrier or foreign air carrier in air transportation or intrastate air 
transportation. The Under Secretary shall use the database to improve 
the known shipper program.
    ``(b) Indirect Air Carriers.--
            ``(1) Random inspections.--The Under Secretary shall 
        conduct random audits, investigations, and inspections of 
        indirect air carrier facilities to determine if the indirect 
        air carriers are meeting the security requirements of this 
        title.
            ``(2) Notice of failures.--The Under Secretary shall notify 
        the Secretary of Transportation of any indirect air carrier 
        that fails to meet security standards established under this 
        title.
            ``(3) Suspension or revocation of certificate.--The 
        Secretary, as appropriate, shall suspend or revoke any 
        certificate issued under chapter 411 to an indirect air carrier 
        immediately upon the recommendation of the Under Secretary. Any 
        indirect air carrier whose certificate is suspended or revoked 
        under this subparagraph may appeal the suspension or revocation 
        in accordance with procedures established under this title for 
        the appeal of suspensions and revocations.
            ``(4) Indirect air carrier.--In this subsection, the term 
        `indirect air carrier' has the meaning given that term in part 
        109 of title 14, Code of Federal Regulations.''.
    (b) Assessment of Indirect Air Carrier Program.--The Under 
Secretary of Transportation for Security shall assess the security 
aspects of the indirect air carrier program under part 109 of title 14, 
Code of Federal Regulations, and report the result of the assessment, 
together with any recommendations for necessary modifications of the 
program to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure within 45 days after the date of 
enactment of this Act. The Under Secretary may submit the report and 
recommendations in classified form.
    (c) Report to Congress on Random Audits.--The Under Secretary of 
Transportation for Security shall report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure on random screening, 
audits, and investigations of air cargo security programs based on 
threat assessments and other relevant information. The report may be 
submitted in classified form.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation such sums as may be 
necessary to carry out this section.
    (e) Conforming Amendment.--The chapter analysis for chapter 449, as 
amended by section 202, is amended by adding at the end the following:

``44922. Air cargo security.''.

SEC. 204. TRAINING PROGRAM FOR CARGO HANDLERS.

    The Under Secretary of Transportation for Security shall establish 
a training program for any persons that handle air cargo to ensure that 
the cargo is properly handled and safe-guarded from security breaches.

SEC. 205. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.

    (a) In General.--The Under Secretary of Transportation for Security 
shall establish a program requiring that air carriers operating all-
cargo aircraft have an approved plan for the security of their air 
operations area, the cargo placed aboard such aircraft, and persons 
having access to their aircraft on the ground or in flight.
    (b) Plan Requirements.--The plan shall include provisions for--
            (1) security of each carrier's air operations areas and 
        cargo acceptance areas at the airports served;
            (2) background security checks for all employees with 
        access to the air operations area;
            (3) appropriate training for all employees and contractors 
        with security responsibilities;
            (4) appropriate screening of all flight crews and persons 
        transported aboard all-cargo aircraft;
            (5) security procedures for cargo placed on all-cargo 
        aircraft as provided in section 44901(f) of title 49, United 
        States Code; and
            (6) additional measures deemed necessary and appropriate by 
        the Under Secretary.
    (c) Confidential Industry Review and Comment.--
            (1) Circulation of proposed program.--The Under Secretary 
        shall--
                    (A) propose a program under subsection (a) within 
                90 days after the date of enactment of this Act; and
                    (B) distribute the proposed program, on a 
                confidential basis, to those air carriers and other 
                employers to which the program will apply.
            (2) Comment period.--Any person to which the proposed 
        program is distributed under paragraph (1) may provide comments 
        on the proposed program to the Under Secretary not more than 60 
        days after it was received.
            (3) Final program.--The Under Secretary of Transportation 
        shall issue a final program under subsection (a) not later than 
        45 days after the last date on which comments may be provided 
        under paragraph (2). The final program shall contain time 
        frames for the plans to be implemented by each air carrier or 
        employer to which it applies.
            (4) Suspension of procedural norms.--Neither chapter 5 of 
        title 5, United States Code, nor the Federal Advisory Committee 
        Act (5 U.S.C. App.) shall apply to the program required by this 
        section.

                  TITLE III--PASSENGER IDENTIFICATION

SEC. 301. PASSENGER IDENTIFICATION.

    (a) In General.--Subchapter I of chapter 449, as amended by title 
II of this Act, is further amended by adding at the end the following:
``Sec. 44923. Passenger identification
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Aviation Security Improvement Act, the Under Secretary 
of Transportation for Security, in consultation with the Administrator 
of the Federal Aviation Administration, appropriate law enforcement, 
security, and terrorism experts, representatives of air carriers and 
labor organizations representing individuals employed in commercial 
aviation, shall develop protocols to provide guidance for detection of 
false or fraudulent passenger identification. The protocols may 
consider new technology, current identification measures, and issues 
related to the types of identification available to the public.
    ``(b) Air Carrier Programs.--Within 60 days after the Under 
Secretary issues the protocols under subsection (a) in final form, the 
Under Secretary shall provide them to each air carrier. The Under 
Secretary shall establish a joint government and industry council to 
develop recommendations on how to implement the protocols. The Under 
Secretary shall report to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on 
Transportation and Infrastructure within 1 year after the date of 
enactment of the Aviation Security Improvement Act on the actions taken 
under this section.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 449, is 
amended by adding at the end the following:

``44923. Passenger identification.''.

SEC. 302. PASSENGER IDENTIFICATION VERIFICATION.

    (a) Requirement.--Subchapter I of chapter 449, is further amended 
by adding at the end the following:
``Sec. 44924. Passenger identification verification
    ``(a) Program Required.--The Under Secretary of Transportation for 
Security may establish and carry out a program to require the 
installation and use at airports in the United States of such 
identification verification technologies as the Under Secretary 
considers appropriate to assist in the screening of passengers boarding 
aircraft at such airports.
    ``(b) Technologies Employed.--The identification verification 
technologies required as part of the program under subsection (a) may 
include identification scanners, biometrics, retinal or facial 
scanners, or any other technologies that the Under Secretary considers 
appropriate for purposes of the program.
    ``(c) Commencement.--If the Under Secretary determines that the 
implementation of such a program is appropriate, the installation and 
use of identification verification technologies under the program shall 
commence as soon as practicable after the date of that 
determination.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 449, is 
amended by adding at the end the following:

``44924. Passenger identification verification.''.

              TITLE IV--CIRCUMVENTION OF AIRPORT SECURITY

SEC. 401. PROHIBITION ON UNAUTHORIZED CIRCUMVENTION OF AIRPORT SECURITY 
              SYSTEMS AND PROCEDURES.

    (a) Prohibition.--Section 46503 is amended--
            (1) by inserting ``(a) Interference With Security Screening 
        Personnel.--'' before ``An individual''; and
            (2) by adding at the end the following new subsection:
    ``(b) Unauthorized Circumvention of Security Systems and 
Procedures.--An individual in an area within a commercial service 
airport in the United States who intentionally circumvents, in an 
unauthorized manner, a security system or procedure in the airport 
shall be fined under title 18, imprisoned for not more than 10 years, 
or both.''.
    (b) Conforming and Clerical Amendments.--
            (1) The section heading of that section is amended to read 
        as follows:
``Sec. 46503. Interference with security screening personnel; 
              unauthorized circumvention of security systems or 
              procedures''.
            (2) The item relating to that section in the table of 
        sections at the beginning of chapter 465 is amended to read as 
        follows:

``46503. Interference with security screening personnel; unauthorized 
                            circumvention of security systems or 
                            procedures.''.

                      TITLE V--WAR RISK INSURANCE

SEC. 501. WAR RISK INSURANCE FOR CERTAIN AIRCRAFT.

    Section 44302 is amended by adding at the end the following:
    ``(f) War Risk Insurance.--
            ``(1) In general.--Not later than 30 days after the date of 
        enactment of the Aviation Security Improvement Act, the 
        Secretary shall--
                    ``(A) extend for 270 days from such date of 
                enactment the termination date of any aviation war risk 
                insurance policies the Department issued that were in 
                effect on such date of enactment on terms that are no 
                less favorable than the terms of those policies as the 
                policies were in effect on June 19, 2002; and
                    ``(B) offer to amend each policy the term of which 
                is extended to provide coverage for losses or injuries 
                to hull, passengers, and crew, in addition to coverage 
                for injury to third parties (with respect to both 
                persons and property), on such terms and conditions as 
                the Secretary may prescribe, at an additional premium 
                comparable to the premium charged for the third-party 
                casualty coverage under existing policies.
            ``(2) Report.--Not later than 90 days after the date of 
        enactment of the Aviation Security Improvement Act, the 
        Secretary shall transmit to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that--
                    ``(A) evaluates the availability of war risk 
                insurance for air carriers and other aviation entities 
                for passengers and third parties;
                    ``(B) analyzes the economic effect upon air 
                carriers and other aviation entities of available war 
                risk insurance; and
                    ``(C) describes the manner in which the Department 
                could provide an alternative means of providing 
                aviation war risk reinsurance covering passengers, 
                crew, and third parties through use of a risk-retention 
                group or by other means.''.

          TITLE VI--BLAST RESISTANT CARGO CONTAINER TECHNOLOGY

SEC. 601. BLAST-RESISTANT CARGO CONTAINER TECHNOLOGY.

    Not later than 6 months after the date of enactment of this Act, 
the Under Secretary of Transportation for Security, and the 
Administrator of the Federal Aviation Administration, shall jointly 
submit a report to Congress that--
            (1) evaluates blast-resistant cargo container technology to 
        protect against explosives in passenger luggage and cargo;
            (2) examines the advantages associated with this technology 
        in preventing the damage and loss of aircraft from terrorist 
        action, any operational impacts which may result (particularly 
        added weight and costs) and whether alternatives exist to 
        mitigate such impacts, and options available to pay for this 
        technology; and
            (3) provides recommendations on what further action, if 
        any, should be taken with respect to the use of blast-resistant 
        cargo containers on passenger aircraft.

                    TITLE VII--TECHNICAL CORRECTIONS

SEC. 701. TECHNICAL CORRECTIONS.

    (a) Section 114(j)(1)(D) is amended by inserting ``Under'' before 
``Secretary''.
    (b) Section 115(c)(1) is amended--
            (1) by striking ``and ratify or disapprove''; and
            (2) by striking ``security'' the second place it appears 
        and inserting ``Security''.
    (c) Section 40109(b) is amended by striking ``40103(b)(1) and (2), 
40119, 44901, 44903, 44906, and 44935--44937'' and inserting 
``40103(b)(1) and (2) and 40119''.
    (d) Section 44901(a) is amended by inserting ``or, in the case of 
United States mail, by an officer or employee of the United States 
Postal Service under standards and procedures established by the Under 
Secretary,'' after `` Code),''.
    (e) Section 44901(e) is amended by striking ``subsection 
(b)(1)(A)'' and inserting ``subsection (d)(1)(A)''.
    (f) Section 44901(g)(2) is amended by striking ``Except at airports 
required to enter into agreements under subsection (c), the'' and 
inserting ``The''.
    (g) Section 44903 is amended--
            (1) by striking ``Administrator'' in subsection (c)(3) and 
        inserting ``Under Secretary''; and
            (2) by redesignating the second subsection (h), subsection 
        (i), and the third subsection (h) as subsections (i), (j), and 
        (k), respectively.
    (h) Section 44909 is amended--
            (1) by striking ``Not later than March 16, 1991, the'' in 
        subsection (a)(1) and inserting ``The''; and
            (2) by inserting ``of Transportation for Security'' after 
        ``Under Secretary'' in subsection (c)(2)(F).
    (i) Section 44935 is amended--
            (1) by striking ``States;'' in subsection (e)(2)(A)(ii) and 
        inserting ``States or a national of the United States, as 
        defined in section 1101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22));''; and
            (2) by redesignating the second subsection (i) as 
        subsection (k).
    (j) Section 44936(a)(1)(A) is amended by striking ``Transportation 
Security,,'' and inserting ``Security,''.
    (k) Section 44939(a) is amended by striking ``12,500 pounds or 
more'' and inserting ``more than 12,500 pounds''.
    (l) Section 132(a) of the Aviation and Transportation Security Act 
is amended by striking ``12,500 pounds or more'' and inserting ``more 
than 12,500 pounds''.
    (m) Section 44940 is amended--
            (1) by striking ``Federal law enforcement personnel 
        pursuant to section 44903(h).'' in subsection (a)(1)(G) and 
        inserting ``law enforcement personnel pursuant to this 
        title.'';
            (2) by inserting ``for'' after ``rules'' in the caption of 
        subsection (d)(2); and
            (3) by striking subsection (d)(4) and inserting the 
        following:
            ``(4) Fee collection.--Fees may be collected under this 
        section as provided in advance in appropriations Acts.''.
    (n) Section 46301(a) is amended by adding at the end the following:
            ``(8) Aviation security violations.--Notwithstanding 
        paragraphs (1) and (2) of this subsection, the maximum civil 
        penalty for violating chapter 449 or another requirement under 
        this title administered by the Under Secretary of 
        Transportation for Security is $10,000, except that the maximum 
        civil penalty is $25,000 in the case of a person operating an 
        aircraft for the transportation of passengers or property for 
        compensation (except an airman serving as an airman).''.
    (o) Section 46301(d)(2) is amended--
            (1) by striking ``46302, 46303,'' in the first sentence;
            (2) by striking the second sentence and inserting ``The 
        Under Secretary of Transportation for Security may impose a 
        civil penalty for a violation of section 114(l), section 40113, 
        40119, chapter 449 (except sections 44902, 44903(d), 44907(a)-
        (d)(1)(A), 44907(d)(1)(C)-(F), 44908, and 44909), section 
        46302, 46303, or 46318 of this title, or a regulation 
        prescribed or order issued under any of those provisions.
    (p) Section 46301(g) is amended by striking ``Secretary'' and 
inserting ``Secretary, the Under Secretary of Transportation for 
Security,''.
    (q) Chapter 465 is amended--
            (1) by striking ``screening'' in the caption of section 
        46503; and
            (2) by striking ``screening'' in the item relating to 
        section 46503 in the chapter analysis.
    (r) Section 47115(i) is amended by striking ``non-federal'' each 
place it appears and inserting ``non-Federal''.
    (s) Section 48107 is amended by striking ``section 44912(a)(4)(A)'' 
and inserting ``section 44912(a)(5)(A)''.
    (t) Sections 44903(i)(1), 44942(b), 44943(a), and 44943(c) are each 
amended by striking ``Under Secretary for Transportation Security'' 
each place it appears and inserting ``Under Secretary''.
    (u) Sections 44942(a)(1), 44943(a), and 44944(a)(1) are each 
amended by striking ``Under Secretary for Transportation Security'' and 
inserting ``Under Secretary of Transportation for Security''.
    (v) Subparagraphs (B) and (C) of section 44936(a)(1) are each 
amended by striking ``Under Secretary of Transportation for 
Transportation Security'' and inserting ``Under Secretary''.
    (w) Section 44943(c) is amended by inserting ``and Transportation'' 
after ``Aviation''.
    (x) Section 44942(b) is amended--
            (1) by striking ``(1) Performance plan and report.--'';
            (2) redesignating subparagraphs (A) and (B) as paragraphs 
        (1) and (2), respectively; and
            (3) redesignating clauses (i) and (ii) of paragraph (1), as 
        redesignated, as subparagraphs (A) and (B), respectively.
    (y) The chapter analysis for chapter 449 is amended by inserting 
after the item relating to section 44941 the following:

``44942. Performance goals and objectives.
``44943. Performance management plans.''.
    (z) Section 106(b)(2)(B) of the Aviation and Transportation 
Security Act is amended by inserting ``Under'' before ``Secretary''.
    (aa) Section 119(c) of the Aviation and Transportation Security Act 
is amended by striking ``47192(3)(j)'' and inserting ``47102(3)(J)''.
    (bb) Section 44936 is amended by adding at the end the following:
    ``(f) Protection of Privacy of Applicants and Employees.--The Under 
Secretary shall formulate and implement procedures that are designed to 
prevent the transmission of information not relevant to an applicant's 
or employee's qualifications for unescorted access to secure areas of 
an airport when that applicant or employee is undergoing a criminal 
history records check.''.
                                 <all>