[Congressional Record Volume 150, Number 62 (Thursday, May 6, 2004)]
[Senate]
[Pages S5000-S5002]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER (for himself, Mr. McCain, and Mr. Hollings):
  S. 2393. A bill to improve aviation security; to the Committee on 
Commerce, Science, and Transportation.
  Mr. ROCKEFELLER. Mr. President, I rise today to introduce legislation 
that is intended to help the Transportation Security Administration 
(TSA) improve our Nation's aviation security system. All of us continue 
to have real concerns about our Nation's security given the threats 
that we face, and aviation continues to be a focus of those that want 
to do us harm.
  I, first, want to acknowledge the work of Senators McCain and 
Hollings. We all have spent a lot of time thinking about the problems 
of our aviation system, and the threats our country faces in today's 
environment. Their support and thoughts have enabled all of us to put 
together a better piece of legislation, and we share a common goal--a 
better, and more secure, aviation system.
  We began this process right after 9-11, but more needs to be done. 
Most of us understand that improvements have been made, but it has now 
been three years and we must complete the job. This bill, the Aviation 
Security Advancement Act, will move us further toward completion of 
this task.
  When terrorists hijacked airlines and used them as weapons of mass 
destruction against our nation, the American people saw firsthand that 
we were quite vulnerable to an unseen enemy, and that our way of life 
was threatened in a way it had never been before. National security 
immediately became the primary focus of our government, and many other 
private entities, as everyone understood that another failure of this 
magnitude would be a devastating blow to the country.
  In response to 9-11, Congress passed P.L. 107-71, the Aviation and 
Transportation Security Act or ATSA, which federalized the airport 
security screener workforce and required an expansive strengthening of 
aviation security in the U.S. As a frequent flier, I believe that the 
vast majority of travelers are confident in the new security regime and 
feel that we are much safer than we were under the system that existed 
before. This confidence is borne out through increasing passenger 
levels that are fast approaching those prior to the terror attacks in 
2001. With an increased volume of passenger flow and aircraft traffic 
will come further challenges for aviation security. The Aviation 
Security Advancement Act is intended to help TSA foster a higher level 
of security than currently exists and focus on additional tasks that 
need to be addressed in this rapidly changing environment.
  Yet I continue to be completely frustrated by the progress we are 
making with respect to screener effectiveness. Testimony before our 
Committee, public reports and recent editorials, all tell us that we 
can not rest until the effectiveness of screeners is improved. In 
addition, new technologies need to be deployed to help them do their 
jobs. We can not spend billions of dollars on a system and have it 
barely measure up to pre-9-11 days.
  The Aviation Security Advancement Act takes needed steps to bolster 
aviation security and provides TSA the financial and physical support 
needed to close numerous loopholes in the current security regime. In 
response to

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the increasing use of aviation by the traveling public, this 
legislation standardizes the Federal screener workforce and requires 
TSA make efforts to improve the efficiency of passenger screening to 
insure individuals are processed in a faster, more secure manner. To 
address shortcomings in cargo security, the bill would overhaul all-
cargo aviation security by implementing recommendations developed by 
the Aviation Security Advisory Committee and by funding a new grant 
program to pursue technological improvements that will help secure 
freight on all-cargo and passenger aircraft. The bill also seeks to 
increase the efficiency of baggage screening by funding capital 
security projects at airports across the country, while providing money 
for the research and development of advanced screening machines, and 
mandating a schedule for in-line placement of Explosive Detection 
Systems rather than various alternative means now practiced at many 
airports.
  In addition, the bill would mandate improvements to a number of other 
sectors of aviation security where I feel more needs to be done. Among 
these efforts would be increased support for the Federal Air Marshal 
program, airport perimeter security, and intelligence information 
sharing. It also authorizes funding for TSA to develop a biometric 
center of excellence to focus on definitive identification of travelers 
and employees which I believe could have a dramatic impact on the speed 
of passenger screening while providing greater security for the entire 
system.
  It is clear that we need to take more action to improve the security 
of our skies. The Aviation Security Advancement Act will be a big step 
in the right direction. I appreciate the support of Senators McCain and 
Hollings and urge my colleagues to co-sponsor the bill so that we can 
move it through the Committee quickly.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2393

       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:

     ``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 allcargo 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

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       ``(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 au thorized 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 Rep resentatives 
     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 Se curity 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.
                                 ______