[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1818 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1818

To amend title 49, United States Code, to make funds available for the 
  Aviation Security Capital Fund, to establish a Checkpoint Screening 
                 Security Fund, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2005

Mr. Oberstar (for himself, Mr. Costello, Mr. DeFazio, Mr. Cummings, Ms. 
 Corrine Brown of Florida, Mr. Rahall, Mr. Boswell, Mrs. Tauscher, Ms. 
 Norton, Mr. Matheson, Mr. Holden, Ms. Eddie Bernice Johnson of Texas, 
   Mr. Weiner, Mr. Nadler, Mr. Menendez, Ms. Millender-McDonald, Mr. 
  Salazar, Mr. Honda, Mr. Pascrell, and Mr. Carnahan) introduced the 
    following bill; which was referred to the Committee on Homeland 
   Security, and in addition to the Committee on Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to make funds available for the 
  Aviation Security Capital Fund, to establish a Checkpoint Screening 
                 Security Fund, 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.

    This Act may be cited as the ``Airport Screener Technology 
Improvement Act of 2005''.

SEC. 2. PURPOSE.

    The purpose of this Act is to facilitate airport growth, increase 
the efficiency of the air transportation system, and increase security.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Airport and airline officials have reported to the 
        Government Accountability Office (in this section referred to 
        as ``GAO'') that installing in-line baggage screening systems 
        at airports would reduce congestion at airline ticket counters 
        by removing stand-alone explosive detection systems and 
        explosive trace detection machines from crowded airport 
        lobbies, thereby improving airline passenger flow and queuing 
        in the terminals.
            (2) Airport and airline officials have reported to GAO that 
        the installation of in-line baggage screening systems would 
        allow for airport growth because in-line explosive detection 
        systems could screen checked baggage faster than stand alone 
        explosive detection and explosive trace detection machines and 
        could be upgraded to accommodate growth in airline passenger 
        traffic.
            (3) The National Commission on Terrorist Attacks Upon the 
        United States (in this section referred to as the ``9/11 
        Commission'') specifically recommended that the Transportation 
        Security Administration (in this section referred to as 
        ``TSA'') should expedite the installation of advanced in-line 
        baggage screening equipment.
            (4) In testimony before Congress, the chairman of the 9/11 
        Commission expressed support for moving explosives units out of 
        airport lobbies and into a secured area where they can be 
        integrated into the process of moving the bags from the check-
        in counter to the loading area in a seamless, in-line process.
            (5) The chairman stated that moving explosives units into a 
        secured area will promote greater security because--
                    (A) screening machines will not be exposed to the 
                public;
                    (B) screeners will be able to focus on screening 
                bags rather than moving them; and
                    (C) fewer people will be congregated around 
                machines in the public area.
            (6) The chairman further stated that processing bags from 
        checking to loading through an in-line system is functionally 
        more efficient, making travel more convenient as well as more 
        secure.
            (7) GAO reports that 86 of the 130 airports surveyed are 
        planning or are considering installing in-line baggage 
        screening systems throughout or at a portion of their airports.
            (8) TSA and airport operators rely on letters of intent as 
        their principal method for funding the modification of airport 
        facilities to incorporate in-line baggage screening systems. As 
        of January 2005, TSA has issued 8 letters of intent to cover 
        the costs of installing systems at 9 airports for a total cost 
        to the Federal Government of $957,100,000 over 4 years.
            (9) GAO reports that, as of July 2004, TSA had identified 
        27 additional airports that TSA believes would benefit from 
        receiving letters of intent for in-line baggage screening 
        systems because such systems are needed to screen an increasing 
        number of bags due to current or projected growth in passenger 
        traffic. TSA officials stated that without such systems these 
        airports would not remain in compliance with the congressional 
        mandate to screen all checked baggage using explosive detection 
        systems or explosive trace detection.
            (10) GAO reports that TSA has estimated that in-line 
        baggage screening systems at the 9 airports that received 
        letter of intent funding could save the Federal Government 
        $1,300,000,000 over 7 years. TSA further estimated that it 
        could recover its initial investment in the in-line systems at 
        these airports in a little over 1 year.
            (11) TSA has stated that it currently does not have 
        sufficient resources in their budget to fund any additional 
        letters of intent.
            (12) Based on current evidence, greater investment in in-
        line baggage screening systems is economically justified and 
        would facilitate airport growth, increase the efficiency of the 
        air transportation system, and increase security.
            (13) The 9/11 Commission specifically recommended that TSA 
        and Congress give priority attention to improving the ability 
        of screening checkpoints to detect explosives on aviation 
        passengers.
            (14) Recent reports by the Inspector General of the 
        Department of Homeland Security and the Government 
        Accountability Office indicate that improvements are still 
        needed in the aviation passenger screening process to ensure 
        that dangerous, prohibited items are not being carried into the 
        sterile area of airports or allowed to enter the checked 
        baggage system.
            (15) The Inspector General of the Department of Homeland 
        Security stated, ``Despite the fact that the majority of 
        screeners with whom our testers came into contact were diligent 
        in the performance of their duties and conscious of the 
        responsibility those duties carry, lack of improvement since 
        our last audit indicates that significant improvement in 
        performance may not be possible without greater use of 
        technology.''.
            (16) The Inspector General further stated, ``We encourage 
        TSA to expedite its testing programs and give priority to 
        technologies, such as backscatter x-ray, that will enable the 
        screening workforce to better detect both weapons and 
        explosives.''.
            (17) The TSA concurs with the Inspector General's statement 
        that significant improvements in screener performance will only 
        be possible with the introduction of new technology.

SEC. 4. AVIATION SECURITY CAPITAL FUND.

    (a) In General.--Section 44923(h)(1) of title 49, United States 
Code, is amended--
            (1) in the second sentence by striking ``in each of fiscal 
        years 2004 through 2007'' and inserting ``in each of fiscal 
        years 2004 and 2005, and $650,000,000 in each of fiscal years 
        2006 and 2007,''; and
            (2) in the third sentence by striking ``at least 
        $250,000,000 in each of such fiscal years'' and inserting ``at 
        least $250,000,000 in each of fiscal years 2004 and 2005, and 
        at least $650,000,000 in each of fiscal years 2006 and 2007,''.
    (b) Discretionary Grants.--Section 44923(h)(3) of such title is 
amended by striking ``for a fiscal year, $125,000,000'' and inserting 
``, $125,000,000 for each of fiscal years 2004 and 2005, and 
$525,000,000 for each of fiscal years 2006 and 2007,''.

SEC. 5. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DETECTION.

     Section 44940 of title 49, United States Code, is amended--
            (1) in subsection (d)(4) by inserting ``, other than 
        subsection (i),'' before ``except to''; and
            (2) by adding at the end the following:
    ``(i) Checkpoint Screening Security Fund.--
            ``(1) Establishment.--There is established in the 
        Department of Homeland Security a fund to be known as the 
        `Checkpoint Screening Security Fund'.
            ``(2) Deposits.--In fiscal year 2006, after amounts are 
        made available under section 44923(h), the next $250,000,000 
        derived from fees received under subsection (a)(1) shall be 
        available to be deposited in the Fund.
            ``(3) Fees.--The Secretary of Homeland Security shall 
        impose the fee authorized by subsection (a)(1) so as to collect 
        at least $250,000,000 in fiscal year 2006 for deposit into the 
        Fund.
            ``(4) Availability of amounts.--Amounts in the Fund shall 
        be available until expended for the purchase, deployment, and 
        installation of equipment to improve the ability of security 
        screening personnel at screening checkpoints to detect 
        explosives.''.
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