[Congressional Record Volume 149, Number 68 (Thursday, May 8, 2003)]
[Senate]
[Pages S5974-S5977]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 536. Mr. FEINGOLD proposed an amendment to the bill S. 113, to 
amend the Foreign Intelligence Surveillance Act of 1978 to cover 
individuals, other than United States persons, who engage in 
international terrorism without affiliation with an international 
terrorist group; as follows:

       At the end, add the following:

     SEC. 2. ADDITIONAL ANNUAL REPORTING REQUIREMENTS UNDER THE 
                   FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

       (a) Additional Reporting Requirements.--The Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.) is amended--
       (1) by redesignating--
       (A) title VI as title VII; and
       (B) section 601 as section 701; and
       (2) by inserting after title V the following new title VI:

                   ``TITLE VI--REPORTING REQUIREMENT


                ``annual report of the attorney general

       ``Sec. 601. (a) In addition to the reports required by 
     sections 107, 108, 306, 406, and 502 in April each year, the 
     Attorney General shall submit to the appropriate committees 
     of Congress each year a report setting forth with respect to 
     the one-year period ending on the date of such report--
       ``(1) the aggregate number of non-United States persons 
     targeted for orders issued under this Act, including a break-
     down of those targeted for--
       ``(A) electronic surveillance under section 105;
       ``(B) physical searches under section 304;
       ``(C) pen registers under section 402; and
       ``(D) access to records under section 501;
       ``(2) the number of individuals covered by an order issued 
     under this Act who were determined pursuant to activities 
     authorized by this Act to have acted wholly alone in the 
     activities covered by such order;
       ``(3) the number of times that the Attorney General has 
     authorized that information obtained under this Act may be 
     used in a criminal proceeding or any information derived 
     therefrom may be used in a criminal proceeding; and
       ``(4) in a manner consistent with the protection of the 
     national security of the United States--
       ``(A) the portions of the documents and applications filed 
     with the courts established under section 103 that include 
     significant construction or interpretation of the provisions 
     of this Act, not including the facts of any particular 
     matter, which may be redacted;
       ``(B) the portions of the opinions and orders of the courts 
     established under section 103 that include significant 
     construction or interpretation of the provisions of this Act, 
     not including the facts of any particular matter, which may 
     be redacted.
       ``(b) The first report under this section shall be 
     submitted not later than six months after the date of the 
     enactment of this Act. Subsequent reports under this section 
     shall be submitted annually thereafter.
       ``(c) In this section, the term `appropriate committees of 
     Congress' means--
       ``(1) the Select Committee on Intelligence and the 
     Committee on the Judiciary of the Senate; and
       ``(2) the Permanent Select Committee on Intelligence and 
     the Committee on the Judiciary of the House of 
     Representatives.''.
       (b) Clerical Amendment.--The table of contents for that Act 
     is amended by striking the items relating to title VI and 
     inserting the following new items:

                   ``TITLE VI--REPORTING REQUIREMENT

``Sec. 601.  Annual report of the Attorney General.

                      ``TITLE VII--EFFECTIVE DATE

``Sec. 701.  Effective date.''.
                                 ______
                                 
  SA 537. Mrs. FEINSTEIN (for herself, Mr. Rockefeller, Mr. Leahy, Mr. 
Edwards, Mr. Feingold, Mr. Dodd, Mr. Wyden, and Mrs. Boxer) proposed an 
amendment to the bill S. 113, to amend the Foreign Intelligence 
Surveillance Act of 1978 to cover individuals, other than United States 
persons, who engage in international terrorism without affiliation with 
an international terrorist group; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. PRESUMPTION THAT CERTAIN NON-UNITED STATES PERSONS 
                   ENGAGING IN INTERNATIONAL TERRORISM ARE AGENTS 
                   OF FOREIGN POWERS FOR PURPOSES OF THE FOREIGN 
                   INTELLIGENCE SURVEILLANCE ACT OF 1978.

       (a) Presumption.--(1) The Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1801 et seq.) is amended by inserting 
     after section 101 the following new section:


``Presumption of treatment of certain non-united states persons engaged 
         in international terrorism as agents of foreign powers

       ``Sec. 101A. Upon application by the Federal official 
     applying for an order under this Act, the court may presume 
     that a non-United States person who is knowingly engaged in 
     sabotage or international terrorism, or activities that are 
     in preparation therefor, is an agent of a foreign power under 
     section 101(b)(2)(C).''.
       (2) The table of contents for that Act is amended by 
     inserting after the item relating to section 101 the 
     following new item:

``Sec. 101A. Presumption of treatment of certain non-United States 
              persons engaged in international terrorism as agents of 
              foreign powers.''.
       (b) Sunset.--The amendments made by subsection (a) shall be 
     subject to the sunset provision in section 224 of the USA 
     PATRIOT Act of 2001 (Public Law 107-56; 115 Stat. 295), 
     including the exception provided in subsection (b) of such 
     section 224.
                                 ______
                                 
  SA 538. Mrs. HUTCHISON (for Mr. McCain (for himself, Mr. Hollings, 
Mrs. Hutchison, and Mrs. Boxer)) proposed an amendment to the bill S. 
165, to improve air cargo security; as follows:

     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 Inspections.--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 is such failure threatens the security of 
     air transportation or commerce. The affected indirect air 
     carriers shall be given notice and the opportunity to correct 
     its

[[Page S5975]]

     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 considerations 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 Carriers 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 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 
     assessment 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 appropriately 
     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 United 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 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 via 
     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 
     year 2003 and 2004. For fiscal year 2005 and thereafter, the 
     Under Secretary may adjust the maximum amount of

[[Page S5976]]

     the fee to reflect the costs of such an investigation.
       ``(B) Offset.--Nothwithstanding 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 any time 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 
     terrorist 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.''.
       (d) 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 29, 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,

[[Page S5977]]

     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 
     system 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.

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