[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2393 Introduced in Senate (IS)]







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 
Homeland Security $100,000,000 for airport perimeter security 
technology, fencing, security contracts, vehicle tagging, and other 
perimeter security related operations, facilities, and equipment, such 
sums to remain available until expended.
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