[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 165 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                 S. 165

_______________________________________________________________________

                                 AN ACT


 
                     To improve air cargo 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 ``Air Cargo Security Improvement 
Act''.

SEC. 2. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    Section 44901(f) of title 49, United States Code, is amended to 
read as follows:
    ``(f) Cargo.--
            ``(1) In general.--The Under Secretary of Transportation 
        for Security shall establish systems 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) within 6 months after 
        the date of enactment of the Air Cargo Security Improvement 
        Act.
            ``(3) Pilot program.--The Under Secretary shall conduct a 
        pilot program of screening of cargo to assess the effectiveness 
        of different screening measures, including the use of random 
        screening. The Under Secretary shall attempt to achieve a 
        distribution of airport participation in terms of geographic 
        location and size.''.

SEC. 3. AIR CARGO SHIPPING.

    (a) In General.--Subchapter I of chapter 449 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 44922. 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 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) Additional Inspectors.--The Under Secretary may increase the 
number of inspectors as necessary to implement the requirements of 
title 49, United States Code, as amended by this subtitle.
    (c) Conforming Amendment.--The chapter analysis for chapter 449 of 
title 49, United States Code, is amended by adding at the end the 
following:

``44922. Regular inspections of air cargo shipping facilities''.

SEC. 4. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    (a) In General.--Subchapter I of chapter 449 of title 49, United 
States Code, is further amended by adding at the end the following:
``Sec.  44923. Air cargo security
    ``(a) Database.--The Under Secretary of Transportation for Security 
shall establish an industry-wide pilot program 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 
results of the pilot program 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) Ensuring compliance.--The Under Secretary may take 
        such actions as may be appropriate to promote and ensure 
        compliance with the security standards established under this 
        title.
            ``(3) 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.
            ``(4) Withdrawal of security program approval.--The Under 
        Secretary may issue an order amending, modifying, suspending, 
        or revoking approval of a security program of an indirect air 
        carrier that fails to meet security requirements imposed by the 
        Under Secretary if such failure threatens the security of air 
        transportation or commerce. The affected indirect air carrier 
        shall be given notice and the opportunity to correct its 
        noncompliance unless the Under Secretary determines that an 
        emergency exists. Any indirect air carrier that has the 
        approval of its security program amended, modified, suspended, 
        or revoked under this section may appeal the action in 
        accordance with procedures established by the Under Secretary 
        under this title.
            ``(5) Indirect air carrier.--In this subsection, the term 
        `indirect air carrier' has the meaning given that term in part 
        1548 of title 49, Code of Federal Regulations.
    ``(c) Consideration of Community Needs.--In implementing air cargo 
security requirements under this title, the Under Secretary may take 
into consideration the extraordinary air transportation needs of small 
or isolated communities and unique operational characteristics of 
carriers that serve those communities.''.
    (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 1548 of title 
49, 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 60 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) Conforming Amendment.--The chapter analysis for chapter 449 of 
title 49, United States Code, as amended by section 3, is amended by 
adding at the end the following:

``44923. Air cargo security''.

SEC. 5. 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. 6. 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)(1)(B) 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 
        90 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.

SEC. 7. REPORT ON PASSENGER PRESCREENING PROGRAM.

    (a) In General.--Within 90 days after the date of enactment of this 
Act, the Secretary of Homeland Security, after consultation with the 
Attorney General, shall submit a report in writing to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure on the 
potential impact of the Transportation Security Administration's 
proposed Computer Assisted Passenger Prescreening system, commonly 
known as CAPPS II, on the privacy and civil liberties of United States 
citizens.
    (b) Specific Issues To Be Addressed.--The report shall address the 
following:
            (1) Whether and for what period of time data gathered on 
        individual travelers will be retained, who will have access to 
        such data, and who will make decisions concerning access to 
        such data.
            (2) How the Transportation Security Administration will 
        treat the scores assigned to individual travelers to measure 
        the likelihood they may pose a security threat, including how 
        long such scores will be retained and whether and under what 
        circumstances they may be shared with other governmental, non-
        governmental, or commercial entities.
            (3) The role airlines and outside vendors or contractors 
        will have in implementing and operating the system, and to what 
        extent will they have access, or the means to obtain access, to 
        data, scores, or other information generated by the system.
            (4) The safeguards that will be implemented to ensure that 
        data, scores, or other information generated by the system will 
        be used only as officially intended.
            (5) The procedures that will be implemented to mitigate the 
        effect of any errors, and what procedural recourse will be 
        available to passengers who believe the system has wrongly 
        barred them from taking flights.
            (6) The oversight procedures that will be implemented to 
        ensure that, on an ongoing basis, privacy and civil liberties 
        issues will continue to be considered and addressed with high 
        priority as the system is installed, operated and updated.

SEC. 8. MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO OPERATE 
              AIRCRAFT.

    (a) In General.--Section 44939 of title 49, United States Code, is 
amended to read as follows:
``Sec. 44939. Training to operate certain aircraft
    ``(a) In General.--
            ``(1) Waiting period.--A person subject to regulation under 
        this part may provide training in the United States in the 
        operation of an aircraft to an individual who is an alien (as 
        defined in section 101(a)(3) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(3))) or to any other individual specified 
        by the Under Secretary of Homeland Security for Border and 
        Transportation Security only if--
                    ``(A) that person has notified the Under Secretary 
                that the individual has requested such training and 
                furnished the Under Secretary with that individual's 
                identification in such form as the Under Secretary may 
                require; and
                    ``(B) the Under Secretary has not directed, within 
                30 days after being notified under subparagraph (A), 
                that person not to provide the requested training 
                because the Under Secretary has determined that the 
                individual presents a risk to aviation security or 
                national security.
            ``(2) Notification-only individuals.--
                    ``(A) In general.--The requirements of paragraph 
                (1) shall not apply to an an alien individual who holds 
                a visa issued under title I of the Immigration and 
                Nationality Act (8 U.S.C. 1101 et seq.) and who--
                            ``(i) has earned a Federal Aviation 
                        Administration type rating in an aircraft or 
                        has undergone type-specific training, or
                            ``(ii) holds a current pilot's license or 
                        foreign equivalent commercial pilot's license 
                        that permits the person to fly an aircraft with 
                        a maximum certificated takeoff weight of more 
                        than 12,500 pounds as defined by the 
                        International Civil Aviation Organization in 
                        Annex 1 to the Convention on International 
                        Civil Aviation,
                if the person providing the training has notified the 
                Under Secretary that the individual has requested such 
                training and furnished the Under Secretary with that 
                individual's visa information.
                    ``(B) Exception.--Subparagraph (A) does not apply 
                to an alien individual whose airman's certificate has 
                been suspended or revoked under procedures established 
                by the Under Secretary.
            ``(3) Expedited processing.--The waiting period under 
        paragraph (1) shall be expedited for an individual who--
                    ``(A) has previously undergone a background records 
                check by the Foreign Terrorist Tracking Task Force;
                    ``(B) is employed by a foreign air carrier 
                certified under part 129 of title 49, Code of Federal 
                Regulations, that has a TSA 1546 approved security 
                program and who is undergoing recurrent flight 
                training;
                    ``(C) is a foreign military pilot endorsed by the 
                United States Department of Defense for flight 
                training; or
                    ``(D) who has unescorted access to a secured area 
                of an airport designated under section 
                44936(a)(1)(A)(ii).
            ``(4) Investigation authority.--In order to determine 
        whether an individual requesting training described in 
        paragraph (1) presents a risk to aviation security or national 
        security the Under Secretary is authorized to use the 
        employment investigation authority provided by section 
        44936(a)(1)(A) for individuals applying for a position in which 
        the individual has unescorted access to a secured area of an 
        airport designated under section 44936(a)(1)(A)(ii).
            ``(5) Fee.--
                    ``(A) In general.--The Under Secretary may assess a 
                fee for an investigation under this section, which may 
                not exceed $100 per individual (exclusive of the cost 
                of transmitting fingerprints collected at overseas 
                facilities) during fiscal years 2003 and 2004. For 
                fiscal year 2005 and thereafter, the Under Secretary 
                may adjust the maximum amount of the fee to reflect the 
                costs of such an investigation.
                    ``(B) Offset.--Notwithstanding section 3302 of 
                title 31, United States Code, any fee collected under 
                this section--
                            ``(i) shall be credited to the account in 
                        the Treasury from which the expenses were 
                        incurred and shall be available to the Under 
                        Secretary for those expenses; and
                            ``(ii) shall remain available until 
                        expended.
    ``(b) Interruption of Training.--If the Under Secretary, more than 
30 days after receiving notification under subsection (a)(1)(A) from a 
person providing training described in subsection (a)(1) or at anytime 
after receiving notice from such a person under subsection (a)(2)(a), 
determines that an individual receiving such training presents a risk 
to aviation or national security, the Under Secretary shall immediately 
notify the person providing the training of the determination and that 
person shall immediately terminate the training.
    ``(c) Covered Training.--For purposes of subsection (a), the term -
`training'--
            ``(1) includes in-flight training, training in a simulator, 
        and any other form or aspect of training; but
            ``(2) does not include classroom instruction (also known as 
        ground school training), which may be provided during the 30-
        day period described in subsection (a)(1)(B).
    ``(d) Interagency Cooperation.--The Attorney General, the Director 
of Central Intelligence, and the Administrator of the Federal Aviation 
Administration shall cooperate with the Under Secretary in implementing 
this section.
    ``(e) Security Awareness Training for Employees.--The Under 
Secretary shall require flight schools to conduct a security awareness 
program for flight school employees, and for certified instructors who 
provide instruction for the flight school but who are not employees 
thereof, to increase their awareness of suspicious circumstances and 
activities of individuals enrolling in or attending flight school.''.
    (b) Procedures.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Under Secretary of Homeland Security 
        for Border and Transportation Security shall promulgate an 
        interim final rule to implement section 44939 of title 49, 
        United States Code, as amended by subsection (a).
            (2) Use of overseas facilities.--In order to implement 
        section 44939 of title 49, United States Code, as amended by 
        subsection (a), United States Embassies and Consulates that 
        possess appropriate fingerprint collection equipment and 
        personnel certified to capture fingerprints shall provide 
        fingerprint services to aliens covered by that section if the 
        Under Secretary requires fingerprints in the administration of 
        that section, and shall transmit the fingerprints to the Under 
        Secretary or other agency designated by the Under Secretary. 
        The Attorney General and the Secretary of State shall cooperate 
        with the Under Secretary in carrying out this paragraph.
            (3) Use of united states facilities.--If the Under 
        Secretary requires fingerprinting in the administration of 
        section 44939 of title 49, United States Code, the Under 
        Secretary may designate locations within the United States that 
        will provide fingerprinting services to individuals covered by 
        that section.
    (c) Effective Date.--The amendment made by subsection (a) takes 
effect on the effective date of the interim final rule required by 
subsection (b)(1).
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure a report 
on the effectiveness of the activities carried out under section 44939 
of title 49, United States Code, in reducing risks to aviation security 
and national security.

SEC. 9. PASSENGER IDENTIFICATION.

    (a) In General.--Not later than 180 days after the date of 
enactment of this 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 guidelines to provide air carriers guidance for detecting 
false or fraudulent passenger identification. The guidelines may take 
into account new technology, current identification measures, training 
of personnel, and issues related to the types of identification 
available to the public. The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to any meeting held pursuant to this subsection.
    (b) Air Carrier Programs.--Within 60 days after the Under Secretary 
issues the guidelines under subsection (a) in final form, the Under 
Secretary shall provide the guidelines to each air carrier and 
establish a joint government and industry council to develop 
recommendations on how to implement the guidelines.
    (c) Report.--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 within 1 year after the date of 
enactment of this Act on the actions taken under this section.

SEC. 10. 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 the 
identification verification technologies 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, iris, 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.

SEC. 11. 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 contains--
            (1) an evaluation of blast-resistant cargo container 
        technology to protect against explosives in passenger luggage 
        and cargo;
            (2) an examination of the advantages associated with the 
        technology in preventing damage and loss of aircraft from 
        terrorist action and any operational impacts which may result 
        from use of the technology (particularly added weight and 
        costs);
            (3) an analysis of whether alternatives exist to mitigate 
        the impacts described in paragraph (2) and options available to 
        pay for the technology; and
            (4) recommendations on what further action, if any, should 
        be taken with respect to the use of blast-resistant cargo 
        containers on passenger aircraft.

SEC. 12. ARMING PILOTS AGAINST TERRORISM.

    (a) Findings and Purpose.--
            (1) Findings.--Congress makes the following findings:
                    (A) During the 107th Congress, both the Senate and 
                the House of Representatives overwhelmingly passed 
                measures that would have armed pilots of cargo 
                aircraft.
                    (B) Cargo aircraft do not have Federal air 
                marshals, trained cabin crew, or determined passengers 
                to subdue terrorists.
                    (C) Cockpit doors on cargo aircraft, if present at 
                all, largely do not meet the security standards 
                required for commercial passenger aircraft.
                    (D) Cargo aircraft vary in size and many are larger 
                and carry larger amounts of fuel than the aircraft 
                hijacked on September 11, 2001.
                    (E) Aircraft cargo frequently contains hazardous 
                material and can contain deadly biological and chemical 
                agents and quantities of agents that caused 
                communicable diseases.
                    (F) Approximately 12,000 of the Nation's 90,000 
                commercial pilots serve as pilots and flight engineers 
                on cargo aircraft.
                    (G) There are approximately 2,000 cargo flights per 
                day in the United States, many of which are loaded with 
                fuel for outbound international travel or are inbound 
                from foreign airports not secured by the Transportation 
                Security Administration.
                    (H) aircraft transporting cargo pose a serious risk 
                as potential terrorist targets that could be used as 
                weapons of mass destruction.
                    (I) Pilots of cargo aircraft deserve the same 
                ability to protect themselves and the aircraft they 
                pilot as other commercial airline pilots.
                    (J) Permitting pilots of cargo aircraft to carry 
                firearms creates an important last line of defense 
                against a terrorist effort to commandeer a cargo 
                aircraft.
            (2) Sense of congress.--It is the sense of Congress that a 
        member of a flight deck crew of a cargo aircraft should be 
        armed with a firearm to defend the cargo aircraft against an 
        attack by terrorists that could result in the use of the 
        aircraft as a weapon of mass destruction or for other 
        terrorists purposes.
    (b) Arming Cargo Pilots Against Terrorism.--Section 44921 of title 
49, United States Code, is amended--
            (1) by striking ``passenger'' in subsection (a) each place 
        that it appears;
            (2) by striking ``or,'' and all that follows in subsection 
        (k)(2) and inserting ``or any other flight deck crew member.''; 
        and
            (3) by adding at the end of subsection (k) the following:
            ``(3) All-cargo air transportation.--For the purposes of 
        this section, the term air transportation includes all-cargo 
        air transportation.''.
    (c) Implementation.--
            (1) Time for implementation.--The training of pilots as 
        Federal flight deck officers required in the amendments made by 
        subsection (b) shall begin as soon as practicable and no later 
        than 90 days after the date of enactment of this Act.
            (2) Effect on other laws.--The requirements of subparagraph 
        (1) shall have no effect on the deadlines for implementation 
        contained in section 44921 of title 49, United States Code, as 
        in effect on the day before the date of enactment of this Act.

SEC. 13. REPORT ON DEFENDING AIRCRAFT FROM MAN-PORTABLE AIR DEFENSE 
              SYSTEMS (SHOULDER-FIRED MISSILES).

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall issue a 
report to the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation and 
Infrastructure on how best to defend turbo and jet passenger aircraft 
from Man-Portable Air Defense Systems (shoulder-fired missiles).
    (b) Issues To Be Addressed.--The report shall include an analysis 
of--
            (1) actions taken to date, countermeasures, risk 
        mitigation, and other activities;
            (2) existing military countermeasure systems and how those 
        systems might be adapted to commercial aircraft applications;
            (3) means of reducing the costs of military countermeasure 
        systems by modifying them for use on commercial aircraft; and
            (4) the extent of the threat and the need for 
        countermeasures.
    (c) Report Format.--The report may be submitted in classified form.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Homeland Security such sums as may be necessary to carry out this Act 
and sections 44901(f), 44922, and 44923 of title 49, United States 
Code, for fiscal years 2004 through 2008.

            Passed the Senate May 8, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                 S. 165

_______________________________________________________________________

                                 AN ACT

                     To improve air cargo security.